[26 Pa.B. 439]
[Continued from previous Web Page]
ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE RULE 1920.1: DEFINITIONS
(a)(1) As used in this chapter:
''additional issues'' shall mean any claim beyond the claim for divorce, or annulment, as follows:
(i) distribution of property,
(ii) alimony,
(iii) child support,
(iv) alimony pendente lite,
(v) counsel fees, costs and expenses, and
(vi) child custody or visitation;
''Associate Domestic Relations Master'' means those attorneys, who are members of the Bar of Schuylkill County, appointed by the Court to act as the Domestic Relations Master where the standing Domestic Relations Master shall have a conflict of interest or when the caseload prevents the standing Master from attending to all cases promptly;
''Domestic Relations Master'' shall mean that attorney(s), a member of the Bar of Schuylkill County who has actively practiced law for more than five (5) years and who during such practice has regularly represented clients in custody, support, and divorce actions, who has been appointed by the Court as Permanent Divorce Master and as the Permanent Hearing Officer of the Domestic Relations Section to hear support actions;
''moving party'' shall be that party who initially presents a motion for appointment of Master, notwithstanding that the opposing party may subsequently move for the Master to hear additional issues beyond the initial appointment; and
''qualified professionals'' shall consist of those persons or organizations, as defined by Section 104 of the Divorce Code, which have filed an application with the Court Administrator and which have been approved by the President Judge for listing in the Prothonotary's office.
RULE 1920.3: COMMENCEMENT OF ACTION
(a) If an action for divorce is filed separately during the pendency of an action for custody, partial custody or visitation between the parties, then the complaint shall be docketed to the same term and number as such custody matter.
(b) Any party filing a pleading with the Prothonotary which raises a claim for child support, spousal support, or alimony pendente lite in a divorce action shall, within forty-eight (48) hours thereof, file a certified copy and two (2) photocopies of same with the Domestic Relations Section, where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section after being assigned a support docket number (S.D. # ____ ).
(c) Any party filing an action for divorce with the Prothonotary, where there is also an action for child support or spousal support pending between the parties, shall include the support docket number (S.D. # ____ ) in the caption. If any divorce pleading includes claims for child support, spousal support, or alimony pendente lite beyond the scope of the active support matter (based on change in circumstances or as a new issue), then a copy of the pleading shall, within forty-eight (48) hours, be filed with the Domestic Relations Section where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section.
RULE 1920.4: SERVICE
(f) A true and correct copy of every pleading or other filing shall be sent by ordinary mail to the opposing counsel of record, or to a party where there is no counsel of record.
RULE 1920.11: PLEADING ALLOWED
(a) All actions for divorce or annulment shall be deemed at issue twenty (20) days after service of the Complaint.
RULE 1920.13: PLEADING MORE THAN ONE CAUSE OF ACTION, ALTERNATIVE PLEADING
(d) A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1910.26.
(e) A claim for custody, whether filed as a separate complaint or petition, or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1915.15.
(f) Once a divorce action has been commenced, a Complaint for Alimony Pendente Lite should be filed with the Domestic Relations Section. A fee of $15.00 shall be charged for this filing.
(g) The contents of the Alimony Pendente Lite complaints should conform to the Rules for the contents of a Support Complaint and should also provide the date and docket number of the previously filed divorce action.
(h) Upon filing of a Complaint for Alimony Pendente Lite in the Domestic Relations Section, a Praecipe shall be filed in the Prothonotary's office requesting the Prothonotary to note on its docket that an Alimony Pendente Lite claim has been filed with the Domestic Relations Section and docketed to S.D. No. ____ .
(i) Thereafter, the Alimony Pendente Lite claim shall proceed in the same manner as a Support Complaint, that is, first to a conference, then either by Agreement or Recommended Order, or Exceptions to a Hearing Officer.
(j) Enforcement and Modification of an Alimony Pendente Lite Order shall follow the same procedure as enforcement or modification of a Support Order.
(k) No award of Alimony Pendente Lite or of spousal support shall automatically continue after the entry of a divorce decree, whether the divorce action has been bifurcated or not. A recipient of Alimony Pendente Lite seeking to have the same continue after the entry of a divorce decree or a recipient of a spousal support seeking to convert it to Alimony Pendente Lite after the entry of a divorce decree shall file a complaint for Alimony Pendente Lite in the Domestic Relations Section of the Court.
RULE 1920.15: COUNTERCLAIM. SUBSEQUENT PETITION
(c) A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1910.26.
(d) A claim for custody, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1915.15.
RULE 1920.16: SEVERANCE OF ACTIONS AND CLAIMS
(a) Where one or more additional issues are pending, a decree of divorce or annulment may be entered if the parties stipulate. A bifurcation stipulation shall include the following;
I understand that having a divorce entered prior to the disposition of additional issues poses substantial risks and may result in additional litigation. These risks have been thoroughly discussed with my attorney and I am willing to have the divorce decree entered prior to the disposition of any outstanding additional issues. I shall pursue any additional issues and claims without unreasonable delay.(b) A bifurcation stipulation shall be signed by the parties and their respective counsel. A stipulation entered between unrepresented parties shall be approved only upon petition and hearing.
(c) Where the action is ready for the entry of a decree of divorce or annulment but bifurcation is opposed, the court may upon application and after hearing enter a bifurcation order if (1) neither party would be substantially economically prejudiced and (2) the opposing party is unreasonably delaying the entire action by failing to file required pleadings or failing to initiate other appropriate action.
RULE 1920.21: BILL OF PARTICULARS IN DIVORCE OR ANNULMENT. NON PROS
(a)(1) A Request for a Bill of Particulars shall be filed within twenty (20) days of the service of the Complaint.
RULE 1920.31: JOINDER OF RELATED ISSUES. CHILD SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. EXPENSES. MODIFICATION OF ALIMONY. MODIFICATION OF ALIMONY PENDENTE LITE.
(d)(1) A request for counsel fees, costs and expenses, or modification of alimony, shall be made by petition. The petition shall include:
(i) petitioner's income and expense statement as prescribed by the rules of court;
(ii) a copy of petitioner's most recent federal income tax return;
(iii) a verification by the petitioner's employer of petitioner's wages for the past six (6) months;
(iv) petitioner's inventory and appraisement of property as prescribed by the rules of court; and
(v) a certification by counsel setting forth services rendered to date, including time expended and the services and time estimated to be rendered and the fee requested therefore, and a list of all expenses for which reimbursement is sought.
(2) A Respondent's answer to the petition shall include information similar to that required of the petitioner together with a concise statement of respondent's position in regard to the amounts claimed by petitioner and reasons why an award should not be entered as requested.
(3) After the petition is at issue, the petitioner or respondent shall move for the appointment of a Domestic Relations Master. The Master shall proceed as provided for in Pa.R.C.P. 1920.51 et seq. and these Rules.
(e) All payments in response to an Order of Court for child support, alimony, or alimony pendente lite shall be made through the Domestic Relations Office unless otherwise ordered by the Court.
(f) A petition for alimony pendente lite, and modification of alimony pendente shall be made through the Domestic Relations Office.
RULE 1920.34: JOINDER OF PARTIES
(a) No order staying the proceedings under this section or any other section of these rules shall be granted ex parte unless the Court deems it necessary.
RULE 1920.42: AFFIDAVIT AND DECREE UNDER SECTION 201(c) OR 201(d)(1)(i) OF THE DIVORCE CODE
(c) A praecipe presented under Pa.R.C.P. 1920.42(a) shall contain a certification by the presenting party or their counsel that advance notice of the presentation of the praecipe was delivered to the opposing party or to his attorney at least two (2) business days prior to filing, or was mailed to such party or to his attorney at least four (4) business days before filing. Where no appearance has been entered on behalf of the defendant, notice shall be served on the defendant in like manner as a complaint [see Pa.R.C.P. 1920.4. Service].
(d) There shall be attached to a praecipe presented under Pa.R.C.P. 1920.42(a) a proposed form for the final decree substantially in the form provided for in Pa.R.C.P. 1920.76.
RULE 1920.43: PETITION FOR SPECIAL RELIEF UNDER DIVORCE CODE
(a) All petitions for special relief under the Divorce Code shall be presented only to the Judge assigned to hear such petitions at the time of filing.
(b) The original and one copy of all such petitions shall be time stamped by the Prothonotary prior to presentation of said petition, and a copy of each such petition shall be provided to the Court Administrator contemporaneously with the presentation of the petition to the assigned Judge.
(c) No application for injunction or other special relief will be considered by the Court unless the factual reasons are set forth specifically and in detail in the pleadings and affidavits. The pleading or averring of conclusions will not be sufficient. Upon consideration of the pleadings and attached affidavits, the court may order that a hearing be held or grant such other relief as the Court may deem appropriate and necessary.
RULE 1920.45: COUNSELING
(e) If there is a request for counseling pursuant to the Divorce Code, and the parties cannot agree upon a Counselor, a qualified professional from the list maintained in the Prothonotary's office shall be appointed by either the Court where the matter has not yet been assigned to a Master, or by the Master, without leave of Court, where the matter has been referred to the Master.
RULE 1920.51: APPOINTMENT OF MASTER
(f) A motion for appointment of a Master shall contain a certificate by the moving party that all parties have complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46. Where no appearance has been entered on behalf of the defendant, service of advance notice shall be by first-class mail to the defendant's last known address.
(1) If Pa.R.C.P. 1920.31(a)(1) or 1920.33(a) are inapplicable, the moving party shall so certify in his motion. A Master shall not be appointed until the parties have either complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 or the Court has made an Order under Pa.R.C.P. 4019.
(g)(1) Before presenting a motion for appointment of a Master, the moving party shall deposit with the Prothonotary the applicable Master's fees for the issues raised in the amount as set by Order of Court. The Prothonotary shall endorse the fact of such payment upon the proposed ''Order Appointing Master'' before same is submitted to the Court.
(2) No Master's fee shall be refunded after a pre-hearing conference has been held or continued under ''Sch.R.C.P. 1920.51(j)(2).''
(h) The Court, upon motion for appointment of Master, shall refer the matter to the Domestic Relations Master, designate the issues to be considered, and serve the Order of Appointment on the Master.
(i) Within ten (10) days of being served by the Court with the order of Master's appointment, the Domestic Relations Master may move the Court to have an Associate Domestic Relations Master appointed in his place for cause shown. The Court in its discretion, based on the averments of the motion, may deny the motion or may enter a modified order replacing the Domestic Relations Master with an Associate Domestic Relations Master. Where an Associate Domestic Relations Master is appointed, he shall proceed as provided for below.
(j)(1) The Master, within ten (10) days of being served with the order of Master's appointment, may give notice of the time and place for a pre-hearing conference, by first-class mail at least five (5) business days prior to the pre-hearing conference.
(2) A pre-hearing conference may be continued only for cause shown and upon approval of an ''Application for Continuance'' by the Court Administrator or Master.
(k)(1) Within twenty (20) days after the appointment of a Master by the Court, but no later than the pre-hearing conference, each party shall file a memorandum substantially in the form required by Sch.R.C.P. 212.2(b) prior to a pre-trial conference.
(2) Either party may include in their memorandum copies of documents, reports, bills, statements, or appraisals certified by competent expert witnesses, officials, or from governmental records which are to be offered into evidence. Unless objected to at the pre-hearing conference, same may be entered into evidence without further proof. If there are objections, then the evidentiary rules must be strictly complied with. However, should the documentary evidence objected to be substantiated at the time of hearing and it appears that the objections to the documentary evidence were in bad faith, the cost of producing the witnesses to substantiate such evidence may be assessed against the objecting party.
(l) At the pre-hearing conference the Master will review the following with counsel for the parties or, where a party has appeared without counsel, with the party:
(1) the respective positions of the parties on each claim, including those where settlement has been reached;
(2) discovery which has been completed, including the income and expense statements (see Pa.R.C.P. 1920.33);
(3) any documentary evidence to be presented at hearing under Sch.R.C.P. 1920.51(k);
(4) the witnesses each party proposes to call at hearing;
(5) all matters which may be stipulated by the parties at hearing; and
(6) such other relevant matters as should be raised by either of the parties or the Master.
(m) Following the pre-hearing conference, the Master shall:
(1) prepare a summary of the discussions and action taken at the pre-hearing conference;
(2) serve a copy of the summary on counsel for the parties, or where a party has appeared without counsel, on the party;
(3) include notice with the summary served that either party shall have ten (10) days to serve each other party and the Master with a countersummary addressed to such points as that party views differently than was noted in the summary by the Master and that at the expiration of said ten (10) days the Master's summary and any countersummaries properly served will be included as part of the record; and
(4) where it appears that discovery has not been completed, including specifically filing of income and expense statements, inventory and appraisal, and pre-hearing memoranda , the Master may proceed and deem the right to file waived, direct parties to complete discovery prior to the time set for hearing, direct that the discovery be completed and a second pre-hearing conference be scheduled, or move the court to vacate the Master's appointment with forfeiture of Master's fees paid.
(n)(1) In complex contested matters which require the hearing to be continued in progress, the Master may assess additional Master's fees of $100.00 per each additional hearing day. Each additional conference, beyond the first, shall be considered for these purposes as a hearing.
(2) Where additional Master's fees are assessed, the moving party shall deposit the fee with the Prothonotary and concurrently file a Praecipe substantially in the following form:
(CAPTION)
PRAECIPE FOR DEPOSIT OF
ADDITIONAL MASTER'S FEETo the Prothonotary:
As directed by the Master in the above-captioned case, deposit the sum of $ ____ .00 for ______ additional Master's Hearing days in compliance with Sch.R.C.P. 1920.51(n).
__________
Attorney for (Plaintiff/Defendant)RECEIVED this day the sum of $ ____ .00, additional Master's fee in the above-captioned case.
__________
ProthonotaryRULE 1920.52: HEARING BY COURT. DECISION. DECREE
(e) Hearings by the Court shall be conducted as in actions at law tried by a judge without a jury in accordance with these Rules.
(f) A petition for the allowance of a jury shall be filed within ten (10) days after the action is at issue, unless the Court, upon a rule to show cause, shall extend the time.
RULE 1920.53: HEARING BY MASTER. REPORT
(d) The Master shall direct the examination of witnesses and the general course of the proceedings before him. Subpoenas for the attendance of witnesses before the Master shall be issued by the Prothonotary under the seal of Court. The Master shall cause a record to be kept of all proceedings before him. If objection is made to the admission of evidence, an offer and statement of purpose of said evidence, as well as the objection and its grounds, and the Master's ruling shall be noted in the record.
(e) The Master shall hold a hearing within sixty (60) days after the pre-hearing conference provided for in Sch.R.C.P. 1920.51(j); or, when he finds that counseling is required under Pa.R.C.P. 1920.45, within sixty (60) days after the expiration of the time for the completion of counseling under that Rule.
(f) The Master or Court Administrator may grant only one continuance of a hearing to a day certain to each party. However, the Master may continue any hearing in progress. Should it appear that the Master's hearing ought to be continued beyond the scope of this Rule, the Master, or either party, may move the Court for such continuance, after having given four (4) business days notice to the other parties and the Master.
The motion for continuance shall be made in writing to the President Judge on a form established by the Court by filing the form with the Court Administrator. The motion shall state the reason for the request, whether the other party or the Master is opposed or unopposed, and the number of times the case has previously been continued. If the Master is opposed to the motion, he shall state his reasons for opposition on the written form. However, the Master may continue any hearing in progress. Should it appear that the Master's hearing ought to be continued beyond the scope of this Rule, the Master, or either party, may move the Court for such continuance, after having given four (4) business days notice to the other parties and the Master.
(g)(1) In a contested case the testimony given at a Master's hearing shall be taken by an Official Court Reporter. The Court Reporter shall bill the moving party and shall serve a copy of the bill upon the Master.
Upon satisfaction of all fees by the moving party, the Court Reporter shall certify the transcript thereof and serve same upon the Master.
(2) Unless the Master shall raise objections within ten (10) days after the Court Reporter has served the transcript on him, the transcript shall be deemed certified by him.
(3) The Master shall file his report within thirty (30) days after the testimony has been served on him, or, if briefs are filed, within thirty (30) days after the final reply brief is due, unless upon cause shown, the Court shall extend the time therefore. However, the Master shall not be deemed served with the transcript until all Master's fees and Court Reporter fees have been satisfied by the moving party.
(h)(1) The testimony in an uncontested case shall be transcribed in question and answer form, shall be read by the witness, and shall be sworn to and signed by the witness in the presence of the Master. Before the Master shall certify such testimony he may examine the witness as to any answers given in such testimony and may demand that the testimony be supplemented, in writing, by answers to other specific questions, or under oath before an Official Court Reporter.
(2) The Master shall file his report within twenty (20) days after hearing or service upon him of the transcript by an Official Court Reporter after all fees have been satisfied.
(i) Should the Master fail to file his final report within the time specified in Sch.R.C.P. 1920.53(g) or 1920.53(h), there being no rule or other matter not disposed of, a party shall have the right to obtain a rule upon the Master to show cause why the final report should not be filed promptly. If no good cause is shown, and if no report is filed, the Court shall take appropriate action promptly. No action taken hereunder by a party shall adversely influence the Master against that party, and the willful violation of this admonition shall result in the removal of the Master from consideration for appointment as a Master thereafter, any other disciplinary and remedial action that the Court may feel appropriate under the circumstances, or both.
(j) The Master shall enclose the papers in the case in a strong paper backer arranged in the following order:
(1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims;
(2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b);
(3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time;
(4) Exhibits, if any, which are not included with the transcript;
(5) Docket entries;
(6) Record papers in the case; and
(7) A certificate of service of the Notice required by ''Sch.R.C.P. 1920.55.''
RULE 1920.55: MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE
(d) In all cases, whether contested or uncontested, the Master shall serve written notice upon counsel of record for the parties, or by first class mail to the last known address of any party not represented by an attorney of record, of the Master's intent to file his report with the Prothonotary on a date certain and that all exceptions to the report shall be filed within ten (10) days from the date of filing of the Master's report. This notice shall be substantially in the form provided for in Sch.R.C.P. 1920.55(e) and shall have attached thereto a copy of the Master's report and the proposed decree.
(e) Notice of filing Master's Report shall be substantially in the following form:
(CAPTION)
NOTICE OF PROPOSED FILING OF MASTER'S REPORT AND THE TIME IN WHICH TO FILE EXCEPTIONS Dear Counselor (or party pro se):
The report of the Master in the above entitled case will be filed in the office of the Prothonotary on ______ , 19 __ .
The Master recommends in his report, which is enclosed, that a final decree in divorce (or annulment) be entered on the grounds of ______ (or that the complaint be dismissed). (and that the related issues be disposed of according to the proposed ''Order of Court'' enclosed herewith).
You are hereby notified that written exceptions to the report of the Master must be filed with the Prothonotary within ten (10) days from the date of filing of the report or a final decree may be entered by the Court without further notice.
(signature)
__________
MASTER(f) As a final item in the report, the Master shall certify that the notice, with proposed decree and report enclosed, required by this Rule have been served on the parties or their counsel at least four (4) business days prior to the filing of the report.
(g) After the Master's report has been on file ten (10) days in the office of the Prothonotary and no exceptions filed, the Prothonotary shall transmit the Master's report to the Court for review.
(h) A party filing exceptions to the Master's Report shall contemporaneously file a praecipe for transmittal pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record. The moving party shall, within twenty (20) days of filing the exceptions, file a brief in support of said exceptions. The answer and brief of any opposing party shall be filed within twenty (20) days after service of the brief of the moving party.
(i) If both parties file exceptions to the Master's Report, the exceptions shall be consolidated for consideration by the Court without the necessity of filing a second praecipe. The briefing requirements of Sch.R.C.P. 1920.55(h) shall also apply to this section. For purposes of complying with the briefing schedule, each party shall be considered the moving party with respect to the exceptions filed by that party and the responding party to the exceptions filed by the opposing party.
(j) In all cases where the related claims include one or more issues from alimony, alimony pendente lite, and child support, it shall be the responsibility of the recipient to notify the Domestic Relations Section of such Order.
RULE 1920.62: PROCEEDINGS BY INDIGENT PARTIES
(d) The Court may hear testimony, or upon its own motion or the motion of either party, may appoint the Domestic Relations Master to hear testimony and return the record and the transcript of the testimony to the Court, together with a report and recommendation upon petition as provided for in Pa.R.C.P. 1920.62(a).
(e) Upon being served with an order for appointment as a Master on a petition by a party averring inability to pay all or part of the costs of the action, the Master shall, within ten (10) days, give notice of the time and place for hearing on the petition to the parties. Such hearing shall be held not less than ten (10) days nor more than thirty (30) days after notice is served on the parties by the Master.
(f) The Master shall file a transcript of the testimony together with his report and recommendation within thirty (30) days after receipt of the transcript. Upon filing, the Master shall immediately send notice, substantially in the form required by ''Sch.R.C.P. 1920.55(c),'' of the filing of the report to each party and accompany the notice with a copy of the report and recommendation.
(g) After the filing of the Master's Report, the procedure provided for in ''Sch.R.C.P. 1920.55(g) '' et seq. shall be followed.
RULE 1920.71: FORM OF NOTICE
(a) The following shall appear at the beginning of the Notice to Defend and Claim Rights as provided for in Pa.R.C.P. 1920.71:
(CAPTION) You have been sued in Court for:
[ ] Divorce
[ ] Annulment
[ ] Distribution of
[ ] Alimony
Property
[ ] Alimony pendente lite
[ ] Child Support
[ ] Counsel fees, costs,
[ ] Custody/Visitation
and expenses(b) For the office to be named in the notice to defend and claim rights, refer to Sch.R.C.P. 1018.1.
RULE 1920.74: FORM OF MOTION FOR APPOINTMENT OF MASTER. ORDER
(b)(1) The order appointing a Master shall be substantially in the following form:
(CAPTION) AND NOW,______ , 19 __ , ______ , Esquire, is appointed Master with respect to the following claims:
[ ] Divorce
[ ] Annulment
[ ] Distribution of
[ ] Alimony
Property
[ ] Alimony pendente lite
[ ] Child Support
[ ] Counsel fees, costs,
[ ] Custody/Visitation
and expensesBY THE COURT:
__________
J.
MINORS AS PARTIES RULE 2032: FILING AFFIDAVIT AS TO AGE
(a) A party, required to file the affidavit under Pa.R.C.P. 2032, shall do so within twenty (20) days from the date of service of the Rule.
RULE 2039: COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION
(a) No settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries, and such further information as the Court shall deem necessary, provided, however, that if the petition of the guardian for the compromise of a minor's action is accompanied by (a) a written report of a physician; (b) a statement under oath by the guardian certifying (i) the present physical or mental condition of the minor, and (ii) approval of the proposed settlement and distribution thereof; (iii) a statement by counsel of his professional opinion of the probabilities of proof of defendant's negligence by plaintiff and the minor's negligence, if any, by defendant; and (iv) in the event that the minor is sixteen (16) years of age or over, his or her written approval of the proposed settlement and distribution thereof; the Court may approve the petition without requiring the appearance of the minor, his guardian or his doctor, in the event that the Court concludes that the information contained in the petition is sufficient to satisfy it that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred.
(b) If the case has already been assigned to a trial judge, the petition shall be submitted to that judge. All other petitions under the rule will be filed with the Prothonotary and shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3.
INCAPACITATED PERSONS AS PARTIES RULE 2059: NOTICE TO INCAPACITATED PERSONS OF APPLICATION FOR GUARDIAN AD LITEM
(a) In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incapacitated person, a copy of the petition and stay order issued thereon shall be served personally on the incapacitated person immediately upon the filing of the petition.
RULE 2064: COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION IN ACTION INVOLVING AN INCAPACITATED PERSON
(a) The praecipe upon the presentation of a petition pursuant to Pa.R.C.P. 2064 shall be the same as that prescribed under Sch.R.C.P. 2039.
ACTIONS FOR WRONGFUL DEATH RULE 2205: NOTICE TO PERSONS ENTITLED TO DAMAGES
(a) The notice prescribed in Pa.R.C.P. 2205 shall name the decedent, the court, file number of the action, and state that, if the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person may petition the Court to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or a personal representative of the decedent.
(b) An affidavit of service of such notice shall be filed in the Prothonotary's Office within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed is returned to the plaintiff.
JOINDER OF PARTIES RULE 2232: DEFECTIVE JOINDER. CHANGE OF PARTIES
(a)(1) Where notice of the pendency of an action to recover damages for an injury, not resulting in death, inflicted upon the person of a wife or a minor is given by the defendant under Pa.R.C.P. 2232(a), it shall be given within twenty (20) days after service upon him of the complaint, unless the Court, on petition, permits the giving of notice on a later date.
(2) The notice shall state the court, and docket number of the action, the parties thereto and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice, or his cause of action will be barred and the action will proceed without him.
(b)(1) Application under Pa.R.C.P. 2232(b), to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action, shall be by motion and served on all other parties.
(c)(1) Application under Pa.R.C.P. 2232(c), to join as a party any other person who could have joined or could have been joined as such in this action, shall be by motion and served on all other parties.
RULE 2959: OPENING JUDGMENTS
(a) A petition for a rule to show cause why a judgment by default for want of an answer should not be opened, must have attached to it a copy of the proposed answer to the complaint if an answer is required under the Pennsylvania Rules of Civil Procedure.
(b) The petition to strike off or open a judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 requesting the issuance of a rule to show cause. If a rule to show cause is issued the parties shall immediately proceed to develop any necessary factual evidence by deposition. When the matter is ripe for disposition either party may transmit the case to the Court by filing a praecipe for transmittal pursuant to Sch.R.C.P. 205.3, indicating that the issue may be disposed of on the record.
RULE 3104: LIS PENDENS
(a) The Prothonotary shall index on the judgment index in his office all proceedings, (1) for specific performance of an agreement to purchase or sell real estate, (2) in lunacy or habitual drunkenness, (3) to revive and continue the lien of debts against a decedent's real estate, (4) to declare void any agreement, deed, or other paper conveying or vesting title to real estate, or (5) any proceeding by which purchasers of real estate would be deemed to have had constructive notice. In each case all owners of the land as indicated by the pleading filed shall be indexed as defendants.
RULE 3112: SERVICE BY PUBLICATION FOR THE ENFORCEMENT OF JUDGMENTS FOR PAYMENT OF MONEY
(a) When service by publication may be had under Pa.R.C.P. 3112(c), the plaintiff may cause service to be made by publication once in the Schuylkill Legal Record and in one (1) newspaper of daily circulation in Schuylkill County of a notice which shall be in substantially the following form:
NOTICE IF HEREBY GIVEN TO ______ that on______ a writ of execution issued against real property of ______ held in your name and described as follows:Said writ issued on JUDGMENT No. ______ , 19 __ . You are directed to notify ______ that the plaintiff issued an attachment execution against you which ______ is/are require to defend.RULE 3130: NOTICE OF SALE OF SECURITIES
(a) When notice to a defendant of the sale of securities is required by Pa.R.C.P. 3130, such notice may be given by the Sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the Sheriff's Office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom sale will be made, and the date when the securities will be offered for sale.
DEPOSITIONS AND DISCOVERY RULE 4007.1: EXAMINATION BY ORAL DEPOSITION
(a) In every civil action filed in Schuylkill county, unless otherwise ordered by the Court, all discovery by deposition on oral examination of fact witnesses shall be conducted within Schuylkill County.
RULE 4007.2: WHEN LEAVE OF COURT REQUIRED/COMPLETION OF DISCOVERY
(b) After a case has been certified as ready for arbitration or trial pursuant to these rules there shall be no discovery proceeding whatsoever except upon order of court, or by agreement of counsel which does not result in delay of the case.
RULE 4009: PRODUCTION OF DOCUMENTS
(a) Unless otherwise ordered by the Court, a ''place'', in order to be deemed reasonable for purposes of Pa.R.C.P. 4009(b)(1), shall be located within Schuylkill County.
RULE 4011: LIMITATIONS OF SCOPE OF DISCOVERY AND INSPECTION
(a) A party who has given a signed or electronically recorded statement to another party shall not be required to submit to deposition for discovery by such other party with respect to the subject matter of such statement unless he has been furnished with a copy of such statement not less than forty-eight (48) hours prior to the deposition.
(b) The term ''party'' as used herein means (1) a party to the litigation; (2) any officer, director or managing agent of a party; and (3) any agent or employee of a party where the conduct of such agent or employee is within the subject matter of the issues set forth in the pleadings.
(c) A ''statement'' within the meaning of this rule shall include a signed statement, a recorded interview or transcript of any such recorded interview.
RULE 4015: PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
(a) Letters rogatory, substantially in the following form, may be issued on the application of either party:
COURT OF COMMON PLEAS OF
SCHUYLKILL COUNTY, PENNSYLVANIATo the Appropriate Judicial Authority in __________Whereas a certain suit is pending before us, in which A.B. is plaintiff and C.D. is defendant, and it has been suggested to us that there are witnesses residing within your jurisdiction, without whose testimony justice cannot completely be done between the said parties; we, therefore, request that you, in furtherance of justice, will by the proper and usual process of your court, cause such witness or witnesses as shall be named or pointed out to you by the said parties, or either of them, to appear before you or some competent person by you for that purpose to be appointed and authorized, at a time and place by you to be fixed, and there to answer on their oaths or affirmations, to the several interrogatories hereunto annexed; and that you will cause their testimony to be committed to writing, and returned to us under cover duly closed and sealed, together with these presents; and we shall be ready and willing to do the same for you in similar case when required.Witness, etc.RULE 4017.1: OBJECTIONS DURING VIDEOTAPE DEPOSITION
(a) Objections made during videotape depositions shall be made only upon the stenographic record and not on the video/audio tape portion of the record.
(b) Upon objection made during videotape deposition, the tape operator shall announce on camera that the tape is being turned off; the operator shall then pause the tape during argument on the objection; upon completion of the argument, the tape operator shall resume taping and announce on camera that taping has resumed.
REVISED RULES
of
CRIMINAL PROCEDURE
in the
Court of Common Pleas
of Schuylkill County
Twenty-First Judicial District
Commonwealth of Pennsylvania
RULES OF CRIMINAL PROCEDURE
FOR COMMON PLEASRULE 4: CITATION OF RULES
(a) These rules shall be known as Schuylkill Rules of Criminal Procedure. They may be cited as ''Sch.R.Crim.P. No. ____ ''.
RULE 141: PRELIMINARY HEARING: TRANSCRIPTS
(a) Whenever a court stenographer prepares a transcript of the testimony of witnesses at a preliminary hearing, said stenographer shall furnish a copy of the transcript to the District Attorney.
RULE 176: MOTION FOR A.R.D. DISPOSITION
(a) In all cases in which a defendant charged with violation of 75 Pa.C.S.A. § 3731 (Driving Under the Influence) seeks a special handling by way of A.R.D., the District Attorney shall arrange with (1) the Drug and Alcohol Clinic at the Good Samaritan Hospital for examination and evaluation, and (2) the Adult Probation Department for an investigation of prior criminal history.
Reports prepared by the Drug and Alcohol Clinic and the Adult Probation Department shall be delivered to the District Attorney and shall be subject to inspection by the District Attorney and defense counsel. Such reports shall become part of the defendant's probation department file. All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.
(b) The A.R.D. motions for defendants who have been recommended by the District Attorney for the Fast Track A.R.D. Program shall be heard on the dates published for Fast Track A.R.D. in the Court Calendar.
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