[53 Pa.B. 6427]
[Saturday, October 14, 2023]
[Continued from previous Web Page] Local Rule 616. Special Rules for Sewer Cases.
In all cases involving the construction, installation or renovation of sewers, the following additional procedures shall be followed. These local rules shall be read in para materia with the Eminent Domain Code and the Second-Class Counties Code. To the extent this local rule conflicts with any portion of Local Rules 600—615, this local rule shall govern; to the extent this local rule does not conflict with any portion of Local Rules 600—615, then they shall also apply.
(1) Declaration of Taking.
The condemnor shall electronically file a declaration of taking, which lists the affected property(ies) by name and address of owner and by Lot and Block number.
(2) Petition for Appointment of Viewers.
After a declaration of taking has been filed, the condemnor or any condemnee may file a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below). Attached to any Petition filed on behalf of the condemnor shall be:
(a) a copy of the Viewers' Plan on which each property shall be identified by a viewers' number beginning with ''V-1,'' running consecutively and corresponding to the owners' name and Lot and Block number;
(b) street improvement plans, which shall show the cuts and fills resulting from any change of grade in the center line as well as the property lines on each side of stations fifty feet apart;
(c) sewer improvement plans, which shall show frontal and depth dimensions of affected property, and where the whole of any property cannot be served by the sewer, the sewer improvement plan shall show the drainage line; and
(d) if benefits are to be determined, a certified copy of all hard and soft construction costs.
(3) Presentation of Petition for Appointment of Viewers to Board of Viewers. Proposed Scheduling Order.
Before presenting a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below) to the [Administrative Judge] Eminent Domain Judge, or such other judge as the Administrative Judge may designate, the petitioner shall [file] serve a copy of the petition with the Chief Clerk of the Board of Viewers. At the time of filing, the Chief Clerk of the Board of Viewers shall complete a proposed scheduling order which the petitioner must present to the [Administrative Judge] Eminent Domain Judge, or such other judge as the Administrative Judge may designate along with the petition for appointment of viewers. The Petition and shall state:
(a) the names of the Viewers to be appointed;
(b) the date and time of the View;
(c) the date after which the Viewers' initial report should be available in the office of the clerk of the municipality in which the property or properties are located;
(d) the last date upon which the affected parties may file written exceptions to the Viewers' initial report; and
(e) the date and time of the Exceptions Hearing.
Note: The Proposed Scheduling Order Form will be available from the Chief Clerk of the Board of Viewers.
(4) Presentation of Petition for Appointment of Viewers to Court.
After obtaining the proposed scheduling order from the Chief Clerk of the Board of Viewers, the petitioner shall present the petition for appointment of viewers, along with the proposed scheduling order, to the [Administrative Judge] Eminent Domain Judge, or such other Judge as the Administrative Judge may designate. After the [Administrative Judge] Eminent Domain Judge or such other Judge as the Administrative Judge may designate has approved the appointment of Viewers and has entered the scheduling order, the petitioner must:
(a) If the petitioner is the condemnee, the petitioner must serve a copy of the petition for appointment of viewers and the scheduling order on the condemnor by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.
(b) If the petitioner is the condemnor, the petitioner must serve a copy of the Petition for Appointment of Viewers and the scheduling order on all condemnees affected by the petition by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service. In addition, the condemnor shall advertise the scheduling order in a publication of general circulation, and shall file a copy of the scheduling order in the office of the clerk of the municipality where the property(ies) is located.
(5) Condemnor's Obligations When Petition for Appointment of Viewers is Filed by Condemnee.
Within ten (10) days after receiving a copy of the scheduling order entered after presentation of a Petition for Appointment of Viewers filed on behalf of a condemnee, the condemnor shall [file with] serve the Viewers with a copy of those documents which Local Rule 616(b) requires the condemnor to attach to a Petition for Appointment of Viewers filed on behalf of a condemnor and shall serve a copy on all affected parties or their counsel of record.
(6) Certification of Notice—Petition for Appointment of Viewers and Scheduling Order.
At least ten (10) days before the date of the View, the petitioner shall certify in writing to the Viewers that the petition and scheduling order have been served, advertised, and/or posted in accordance with subsection (4) of this Rule.
(7) Viewers' Initial Report.
Within twenty (20) days after the View, the Viewers shall deliberate and determine benefits and/or damages on each V-numbered parcel set forth in the petition for appointment of viewers and shall submit an initial report containing an itemized award of benefits and/or damages. Attached to the Viewers' initial report shall be a notice, which shall contain the following:
(a) a brief and concise statement listing the Lot and Block numbers affected and informing the parties that the Viewers have issued an initial report which contains an itemized award of benefits and/or damages;
(b) a statement informing the affected parties of their right to file exceptions to the initial report;
(c) a statement informing the affected parties that they will not be heard at the scheduled exceptions hearing unless they have timely filed written exceptions; and
(d) an announcement that the full text of the initial report shall be made available by the condemnor in the office of the clerk of the municipality where the property or properties are located.
Note: All parties will have received by way of the scheduling order notice of the latest date on which the Viewers' initial report will be issued. See Local Rule 616(3) and (4). Accordingly, all parties are responsible for making sure that they obtain a copy of the Viewers' initial report prior to the date on which written objections to that report must be filed.
(8) Service of Viewers' Initial Report.
The Viewers shall mail a copy of their initial report (with the notice attached) to the condemnor or its counsel of record pursuant to Pa.R.Civ.P. 205.4(g). The condemnor shall immediately post a copy of the initial report in the office of the clerk of the municipality where the property or properties are located. Within ten (10) days of the date of the Viewers' initial report, the condemnor shall serve all affected condemnees with a copy of the Viewers' initial report and the attached notice by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.
(9) Certification of Notice—Viewers' Initial Report.
At least ten (10) days before the date of the exceptions hearing, the condemnor shall certify in writing to the Viewers that the initial report and attached notice have been served and posted in accordance with subsection (8) of this local rule.
(10) Exceptions Hearing.
At least ten (10) days before the date of the exceptions hearing, the condemnor shall certify in writing to the Viewers that the initial report and attached notice have been served and posted in accordance with subsection (8) of this local rule.
An exceptions hearing shall be held on the date and time set forth in the scheduling order. Only those condemnees who have timely submitted their written objections to the Viewers' initial report shall be heard by the Viewers at the exceptions hearing. The Viewers shall consider the exceptions of the condemnees and make any adjustments the Viewers deem necessary to their initial award of damages and/or benefits.
(11) Viewers' Final Report.
Within twenty (20) days after the exceptions hearing, the Viewers shall serve a copy of their final report on all parties. Attached to the report shall be a notice advising the parties of their right to appeal the Viewers' decision to the Court of Common Pleas.
Within five (5) days of the date of the Viewers' final report, the condemnor shall post the Viewers' final report with the notice attached in the office of the clerk of the municipality where the property or properties are located. Within five (5) days of the date of the Viewers' final report, the condemnor also shall make arrangements to advertise in the next available issue of a publication of general circulation a notice in the following form:
The Board of Viewers has issued its final report, which contains an itemized award of benefits and/or damages for the following Lot and Block numbers: (list). The full text of the report may be obtained at the (municipality office and address). Your rights as a property owner may be affected by this report.(12) Appeals to Court of Common Pleas.
Appeals to the Court of Common Pleas shall be governed by the Eminent Domain Code, the Second-Class Counties Code and Local Rules 613, 614, and 615.
Form 616. Appointment of Viewers—Sewer Cases.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN THE MATTER OF CONDEMNATION CIVIL DIVISION _________________ No. GD- _________________ Plaintiff v. _________________ Defendant
ORDER OF COURT AND NOW, this _____ day of _____ , 20 ______ , the within Petition having been presented in open court in consideration thereof, it is ORDERED THAT
___________________________
___________________________
___________________________are appointed as Viewers as provided by law to view the property and to ascertain such damages as they may find to have been caused to Plaintiff's property by reason of the condemnation and taking by Defendant as set forth in the within Petition.
_________________ J.
BOARD OF VIEWERS
_________________
Administrative ChairDate of View ______
Date and Time of Exceptions Hearing ______
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 1028(c). Procedures for the Disposition of Preliminary Objections.
(1) General Docket and Arbitration Docket Cases.
(a)(i) Preliminary objections shall be electronically filed pursuant to Local Rule 205.4 with the Department of Court Records.
(ii) A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilpos@alleghenycourts.us, accompanied by a PDF copy of the preliminary objections and brief and a proposed order in Microsoft Word Format.
Note: If preliminary objections are filed to preliminary objections, these preliminary objections will be scheduled for argument at the same time as the argument for the preliminary objections which are the subject of the preliminary objections.
In cases of multiple defendants, if any other defendants have not filed responsive pleadings at the time another defendant files preliminary objections, argument on these preliminary objections will not be scheduled sooner than sixty (60) days after filing.
In an arbitration case, the filing of preliminary objections or the scheduling of the preliminary objections for an argument on a date after the date of the arbitration hearing does not continue the arbitration hearing unless the moving party obtains a continuance pursuant to Local Rule 208.3(d).
(iii) The party filing the preliminary objections shall, promptly after filing, serve copies of these preliminary objections on all other parties and shall promptly serve all other parties with notice of the date and time of the argument, after the date and time for argument has been set.
(b)(i) Except for preliminary objections raising issues of fact, which are governed by subdivision (c), and Arbitration Docket cases, a brief and proposed order of court shall be filed with all preliminary objections. Failure to file a brief with preliminary objections shall be cause for denial of the preliminary objections.
Note: In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to controlling legislation and case law.
(ii) Any party opposing preliminary objections shall electronically file a brief in opposition to the preliminary objections at least seven (7) days prior to the argument.
(iii) A brief shall not exceed ten (10) double-spaced pages except in cases designated complex, class actions, or where permitted by order of court entered pursuant to a motion presented to the General Motions Judge.
(c)(i) Where preliminary objections contain grounds raising issues of fact under Pa.R.Civ.P. 1028(a)(1), (5), or (6), they shall be titled on the cover sheet ''Preliminary Objections Raising Questions of Fact''; shall be endorsed with a notice to plead; shall not have a brief attached; and will be scheduled for argument not sooner than ninety (90) days after filing.
(ii) All evidence that the parties wish the court to consider shall be electronically filed with the Department of Court Records at least twenty (20) days prior to the argument.
(iii) The party which filed the preliminary objections shall electronically file its brief at least fourteen (14) days prior to the argument; the parties opposing the preliminary objections shall file their briefs at least seven (7) days prior to argument.
(d)(i) If the preliminary objections include the ground of improper venue, they shall be titled on the cover sheet ''Preliminary Objections Raising Questions of Venue''; shall be endorsed with a notice to plead; shall be accompanied by a brief and proposed order of court, as provided for in paragraph (1)(b) of this Local Rule; and shall include all preliminary objections as required under Pa.R.Civ.P. 1028(b).
(e) If the moving party fails to schedule argument on preliminary objections, any other party is permitted to schedule argument in the manner set forth in subsection (1)(a)(ii), above.
(2) Housing Court Proceedings.
(a) [If not filed electronically, the original and a copy of the preliminary objections shall be taken to the Housing Court Clerk (Housing Court Help Desk: First Floor City County Building). The Housing Court Clerk will place, on the original and the copy of the preliminary objections, a time and date for an argument before the Housing Court Judge. The Housing Court Clerk will file the original with the Department of Court Records and return the copy to the party filing the preliminary objections. This party shall promptly serve copies of the preliminary objections on all other parties with notice of the date and time of the argument. If filed electronically, the filing party shall take a copy of the preliminary objections to the Housing Court Clerk, and the Housing Court Clerk will place on the copy of the preliminary objections a time and date for an argument before the Housing Court Judge. This party shall promptly serve copies of the preliminary objections on all other parties with notice of the date and time of the argument] Preliminary Objections in Housing Court cases shall be electronically filed pursuant to Local Rule 205.4.
(i) No Preliminary Objections will be scheduled for argument unless requested as set forth in subsection (ii).
(ii) The party filing the Preliminary Objections must request that the Preliminary Objections be scheduled for oral argument by submitting the preliminary objections and a proposed order in Microsoft Word format to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. Once the moving party is assigned an argument date, they shall immediately serve copies on of the preliminary objections on all other parties with notice of the date and time of the argument.
[i.] iii. The moving party, after contacting all other parties, shall notify the Housing Court Clerk prior to the argument (412-350-4462) if the matters raised in the preliminary objections are resolved. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the preliminary objections for failure of the moving party to appear.
[ii.] iv. The moving party, after a discussion with other parties, shall notify the Housing Court Clerk if the preliminary objections are moot because of the filing of an amended pleading.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020. Amended November 29, 2021, effective January 11, 2022.)
Local Rule 1034(a). Procedures for the Disposition of a Motion for Judgment on the Pleadings.
(1) General Docket and Arbitration Docket Cases.
(a) (i) A motion for judgment on the pleadings shall be electronically filed pursuant to Local Rule 205.4 with the Department of Court Records. A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilmsjjops@ alleghenycourts.us, accompanied by a PDF copy of the motion and brief and a proposed order. The motion will be placed on an argument list, the date and time of which shall be published in the Pittsburgh Legal Journal.
Note: Motions for judgment on the pleadings filed [before 4:00 P.M.] on or before the forty second (42nd) day before the next argument list will be placed on that list. Motions filed less than forty-two (42) days before the date of the next argument list will be placed on the following argument list [No motion for judgment on the pleadings shall be placed on an argument list or otherwise scheduled for argument if the case has appeared on a published trial list prior to the filing of the motion without an order of court entered by the Calendar Control Judge].
On cases that have appeared on a published trial list, motions for judgment on the pleadings may be placed on an argument list if they are filed in time to be placed on an argument list prior to the scheduled trial date.
Motions for Leave to file a motion for judgment on the pleadings are no longer necessary on cases listed on published trial lists unless that motion cannot be placed on an argument list prior to the scheduled trial term.
(ii) The party filing the motion shall, promptly after filing, serve copies of the motion on all other parties and file a certificate of service. Furthermore, upon notification of the date of the argument list on which the motion will be argued, the moving party shall promptly serve all other parties with notice of the date and time of the argument and file a certificate of service.
Note: Argument lists are placed under ''Civil Division'' on the Website of the Common Pleas Court (www. alleghenycourts.us) at least thirty (30) days before the date scheduled for argument. The list will identify the judge who will hear the argument.
In an arbitration case, the filing of a motion for judgment on the pleadings or the scheduling of the motion for an argument on a date after the date of the arbitration hearing does not continue the arbitration hearing unless the moving party obtains a continuance pursuant to Local Rule 208.3(d).
(iii) If the motion has been resolved, the moving party shall promptly notify the court. Prior to the publication of the argument list, notice shall be given to the Calendar Control Clerk (412-350-5417). After publication of the argument list, notice shall be given to the secretary of the judge to whom the argument has been assigned.
(iv) In a General Docket case, the brief of the moving party and proposed order of court shall be filed with the motion. Any party opposing the motion must file a brief at least seven (7) days prior to the argument and furnish a copy of the brief to the judge to whom the argument is assigned. In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation and case law.
(b) This rule does not govern motions for judgment on the pleadings filed in asbestos litigation and cases otherwise designated by the court for special management (Pa.R.Civ.P. 1041.1 and 1041.2), class actions, cases designated as complex, and other cases specially assigned by an order of court to a single judge.
(2) Housing Court Proceedings.
(a.) Motions for Judgment on the Pleadings in Housing Court cases shall be electronically filed pursuant to Local Rule 205.4 with the Department of Court Records.
(b.) A request to schedule the date and time for argument shall be transmitted by email to the Housing Court Help Desk at HCHelpdesk@ alleghenycourts.us accompanied by a PDF copy of the motion, brief if filed, and a proposed order in Microsoft Word format.
(c.) The Court will file an order scheduling argument on the motion; said order shall be served on all parties pursuant to Rule 236.(a)(2).
[(a.) The original and a copy of the motion for judgment on the pleadings (or a copy if filed electronically) shall be taken to the Housing Court Clerk (Housing Court Help Desk: First Floor City County Building). The Housing Court Clerk will place, on the original and the copy of the motion (or a copy if filed electronically), a time and date for an argument before the Housing Court Judge. The clerk will file the original with the Department of Court Records and return the copy to the party filing the motion. This party shall promptly serve copies of the motion on all other parties with notice of the date and time of the argument.] d.
Note: The Housing Court Clerk scheduling of oral argument on a motion for judgment on the pleadings on a date after the date of the arbitration hearing does not delay the arbitration hearing unless the moving party obtains a continuance pursuant to Local Rule 208.3(a)(6)(a)(iii).
[(b.)] (e.) There are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation, statute, regulation and case law.
[(c.)] (f.) The moving party, after contacting the other parties, shall notify the Housing Court Clerk if the motion is withdrawn. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the motion for failure of the moving party to appear.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27.)
Local Rule 1303. Arbitration Hearing. Notice.
(1) The Department of Court Records shall assign the date, time and place of hearing before a Board of Arbitrators as follows:
[a. for complaints filed by presenting to the Department of Court Records, placing said information on the Complaint which is filed and on the copies of the Complaint which are to be served upon all other parties], and
[(b.) for Complaints filed through the electronic filing system,] a. the Department of Court Records shall give notice to the filing party of the date, time and place of hearing before a Board of Arbitrators through the electronic filing system.
[(c.)] b. The filing party shall notify the parties to be served with copies of the Complaint of the date, time and place of hearing before a Board of Arbitrators, which notice shall be served with the copy of the Complaint.
(2) Every Complaint (except for Small Claims—see Local Rule 1320(2)) filed in Compulsory Arbitration, whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain a Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing (FORM 1303) (see subsection (4) below). The Notice of Hearing Date and Notice of Duty to Appear shall immediately follow the Notice (to Defend) which is required by Pa.R.Civ.P. 1018.1(b).
(3) Immediately before the time set for hearing, an Arbitration Clerk shall assign cases to each Board of Arbitrators and shall designate the room in which the cases are to be heard. An Arbitration Clerk shall designate the order in which cases shall be heard from those listed in the published daily Arbitration List, in addition to cases listed specially by a Judge.
Form 1303. Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
PENNSYLVANIA CIVIL DIVISION
_________________ ARBITRATION DOCKET _________________ NO. _________________ Plaintiff vs. HEARING DATE __________ __________ __________ Defendant
NOTICE TO DEFEND NOTICE TO DEFENDYOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, YOU MUST take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
The Allegheny County Bar Association
400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
www.getapittsburghlawyer.com
HEARING NOTICE YOU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will take place in Courtroom Two, Seventh Floor, City—County Building, 414 Grant Street Pittsburgh, Pennsylvania, on _____ , _____ at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. DUTY TO APPEAR AT ARBITRATION HEARING
If one or more of the parties is not present at the hearing, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
NOTICE: YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD IMMEDIATELY BEFORE A JUDGE WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.)
Local Rule 1910.6. Entry of Appearance.
(a.) Any attorney who files and/or serves a legal paper or appears on behalf of a client in any cause of action in Family Division—Adult Section must complete, file, and serve a praecipe for appearance, substantially in the form set forth in (2), identifying the cause or causes of action in which he/she will be acting as counsel and identifying by name the party who the attorney is representing.
(b.) Caption.
FORM. Praecipe for Appearance.
PRAECIPE FOR APPEARANCE Kindly enter my appearance as counsel for ______
Name of Party* _____ in the above-captioned cases in the following:
_____ All matters
_____ Divorce (and all claims raised pursuant thereto) Only ______
_____ Support Only
_____ Custody Only
_____ Protection From Abuse Only
_____ Other: _____
Once my appearance is entered, I understand that I must appear at all proceedings and accept service for my client unless I obtain Court permission to withdraw my appearance.
Supreme Court #: __________
Name: __________
Address: __________
Phone #: __________Date: _________________ Signature: __________
* Your client must be identified by name, not solely as Plaintiff or Defendant.
(c.) Praecipe of appearance forms shall be available from Domestic Relations Officers, Hearing Officers, Judges' staff, Room 4020, and the Office of the [Prothonotary] Department of Court Records on the 1st floor of the City-County Building.
(d.) The attorney must appear at all Family Division proceedings and receive service on behalf of his/her client with respect to all causes of action in which the attorney has indicated on the praecipe for appearance he/she is representing his/her client. If the attorney fails to appear, the court may impose sanctions including but not limited to fines and counsel fees.
(e.) Entering an appearance or filing any legal paper in a divorce action obligates the attorney to represent the client in any and all claims or counterclaims which are raised pursuant to the divorce action.
(f.) No pro se motions will be accepted involving a cause of action in which a litigant is represented by counsel.
(g.) Each attorney shall file and serve a praecipe for appearance with respect to each of his/her cases which are pending as of January 1, 2002.
Editor's note: Adopted April 22, 2002, effective 30 days after publication in the Pennsylvania Bulletin.
Local Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order.
(b)(1)(a) Unless a court order obtained from the Motions Judge directs to the contrary, the hearing will be held on the same day as the conference.
(c)(3) Any motion by a party for a separate listing of the hearing and/or for a request for discovery shall be presented to the Motions Judge prior to the conference or hearing. Notice of the motion shall be served upon the opposing party or opposing counsel of record prior to presentation.
(e)(1) Where a hearing officer has reserved decision on a case and the parties were not given a copy of the recommendation at the conclusion of the hearing, three days shall be added to the 10-day filing period for exceptions if notice of the recommendation is given by mail to the parties and/or counsel of record.
(h)(1) Any party filing exceptions shall serve them upon all other parties and file the original and one copy with the Exceptions Clerk by the end of the next business day following the filing of the exceptions with the [prothonotary] Department of Court Records.
(2) Any party filing exceptions shall also order from the court reporter the transcript of testimony unless the parties stipulate to the contrary or unless the exceptions are not based on the testimony contained in the record.
(3) Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed to be waived.
(4) A legible copy of the Hearing Officer's Recommendations and a copy of the transcript order from or stipulation that the transcript is not necessary or a statement that the exceptions are not based on the testimony contained in the record shall be attached to the exceptions.
(i) Exceptions shall be placed on the next available ''Support Argument List'' occurring more than 13 days after the transcript of testimony and the exceptant's brief are filed with the Exceptions Clerk. The court shall serve notice on all parties of the date and place of the argument. If the respondent files a brief, it shall be filed at least seven calendar days prior to argument, with the Hearing Officer's Secretary in room 616, City-County Building. If cross-exceptions are filed, the cross-exceptant's brief must be filed at least seven calendar days prior to argument and may respond to the first exceptant's brief. The party filing the first exceptant's brief may file a second brief, in response to the cross-exceptant's brief, at least four calendar days prior to argument. No brief for either party shall exceed 10 pages.
(j) Exceptions must be scheduled for argument no more than 45 days after exceptions are filed. Failure to schedule will result in an automatic termination of the exceptions on grounds of unreasonable inactivity. The exceptant will not be permitted to reinstate exceptions without written application to the Court for good cause shown.
(k) If exceptions are filed to the Recommendation of Hearing Officer recommending that the exceptant be held in contempt, the exceptions shall immediately be placed on the next ''Support Argument List'' occurring more than five days after the filing of exceptions. The party filing exceptions shall title them ''Contempt Exceptions'' and serve notice on all other parties, and the court reporter, of the date and time of argument. The court reporter's fees shall be posted, and the transcript prepared immediately after exceptions are filed. For purposes of this subsection the exceptant shall file a brief at least three days prior to argument. If the respondent files a brief, it shall be filed at least one day prior to argument.
(l) No exceptions may be filed to a recommendation of a Hearing Officer labeled ''interim.'' The interim recommendation shall be entered as a temporary support order pending the entry of a final recommendation and order.
(Editor's note: Amended January 5, 1996, effective February 26, 1996; amended January 18, 2001, effective 30 days after publication in the Pennsylvania Bulletin.)
Local Rule 1915.3(d). Confirmation of Custody.
(i) An order confirming custody to formalize a de facto custody arrangement to which there is no contest or opposition may be established through this Court's Motion Court procedure for represented and unrepresented parties.
(ii) Any party(ies) may seek confirmation of their current arrangement as a legal and/or physical custody of any child(ren) as follows:
(a). A Complaint for Custody must be prepared properly in accordance with Pa.R.Civ.P. 1915.3 and 1915.15. All of the information required by Rule 1915.15 must be provided. Additionally, a copy of the most recent custody order relating to the child or children must be attached, if any exists.
(b). All parties must be served in accordance with Pa.R.Civ.P. 1930.4 with movant's Complaint for Confirmation of Custody together with the exhibits. The complaint is deemed filed when notice of its presentation is give.
(c). All parties are to be provided seven days' notice of the date and time of presentation of movant's petition.
(d). If no party appears to oppose movant's petition, the court will grant interim relief confirming custody in movant without prejudice to any party's right to seek reconsideration or modification at any time.
(e). If this court has granted such relief, the [prothonotary] Department of Court Records shall accept for filing the Complaint for Custody without a Scheduling Order from the Generations Center if the Complaint for Custody is accompanied by the Petition of Confirmation of Custody together with exhibits and a signed Order of Court confirming Custody in the movant. Filing fees charged by [this Court's prothonotary] the Department of Court Records for the Complaint for Custody and any other document in reference therein, must be paid unless the party has sought waiver of the fees through the court's established procedure to secure an in forma pauperis status.
(Editor's note: Promulgated April 2, 1998, effective May 25, 1998; amended January 18, 2001, effective 30 days after publication in the Pennsylvania Bulletin.)
Local Rule 1915.4(a). Service. Rescheduling.
(i) The moving party shall be solely responsible for serving the responding party(ies) with true and correct copies of the court's papers initiating the custody action, the Scheduling Order, the Domestic Violence Waiver and the Program descriptions within five days of the date of the Scheduling Order.
(ii) The moving party shall also file a Proof of Service indicating the date, time and manner of such service with the [court's prothonotary] Department of Court Records and the Generations Center.
(iii) Rescheduling of the education seminar date and/or time for any of the Programs should be sought only when necessary.
(iv) No case will be rescheduled for a date longer than 70 days after the issuance of the Scheduling Order, except upon order of court, which shall be granted only in exigent circumstances. Requests to reschedule a date after expiration of the 70 days should be made through Family Division's motions court.
(v) Any party seeking to reschedule the education sessions must contact the Center at 412-350-4311 to determine available dates.
(vi) Any party seeking to reschedule the Generations mediation session must seek rescheduling through Motions Court.
Editor's note: Promulgated April 2, 1998, effective May 25, 1998; amended January 18, 2001, effective 30 days after publication in the Pennsylvania Bulletin.
Local Rule [1915.17] 1915.11-1. Appointment of Parenting Coordinator.
(a) In cases involving repeated or intractable conflict affecting implementation of a Final Custody Agreement, Parenting Plan or Order, concerning custodial parenting time or responsibility, the Court may, on the application of either party or its own motion, appoint a Parenting Coordinator to assist the parties in implementing the custodial arrangement set forth in the Custody Agreement/ Parenting Plan/Order and in resolving related parenting issues about which they do not agree. Appointment of a Parenting Coordinator shall occur when this Court concludes that such action serves the best interests of the child(ren).
(b) The Parenting Coordinator shall discuss relevant parenting issues with both parties and other persons as needed, and shall attempt to facilitate a mutually accepted resolution.
(c) If the parties are unable to resolve the issue(s), the Parenting Coordinator is authorized (but is not required) to decide the issue.
(d) The Parenting Coordinator has the authority to decide issues concerning partial physical custody and visitation to the extent set forth in the Custody Agreement/Parenting Plan/Order appointing the Parenting Coordinator. The following specific issues are excluded from thee Parenting Coordinator's function and decision-making authority:
a. A change in legal custody decision-making authority set forth in the Custody Agreement/Parenting Plan/Order;
b. A change in primary physical custody (residential parenting time) as set forth in the Custody Agreement/Parenting Plan/Order;
c. A change in the court-ordered custody schedule (parenting time) that substantially reduces or expands the child(ren)'s time with one or both parents;
d. A change in the geographic residence of the child(ren)'s (relocation) that would render implementation of the current Custody Agreement/Parenting Plan/Order impossible or impracticable;
e. Determination of financial issues, other than allocation of the Parenting Coordinator's fees.
The Parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parties
(e) The Parenting Coordinator shall be either:
(1) A licensed mental health professional with a master's degree (or equivalent or higher degree) who has practiced at least 5 years; or
(2) A licensed attorney practicing family law for at least 5 years.
(f) The Parenting Coordinator's qualifications shall include, at a minimum:
(1) Training or expertise in family dynamics, childhood development, custody, separation and divorce; and
(2) Training in the parenting coordination process and family law as established by the Pennsylvania Supreme Court; and
(3) Forty hours of mediation training under Pa.R.Civ.P. 1940.4, excluding mediation supervision under Pa.R.Civ.P. 1940.4(a)(4); and
(4) Completion of at least ten continuing education credits in any topic related to Parenting Coordination in each two-year period.
(g) Protocols for the Parenting Coordination process shall be set forth in the Order appointing the Parenting Coordinator and/or by separate agreement between the parties and the Parenting Coordinator. In cases where abuse (as defined under 23 Pa.C.S. § 6102) is alleged, the protocols should include measures for the safety and protection of the participants, unless the Court deems the measures unnecessary.
(h) A Court-appointed Parenting Coordinator is an officer of the Court, and has quasi-judicial immunity.
(i) Communications with the Parenting Coordinator are not confidential
(j) The Parenting Coordinator's decisions may be provided to the parties verbally, but shall be communicated in writing as soon as practicable and filed in the [prothonotary's office] Department of Court Records at the parties' custody docket.
(k) Decisions made by the Parenting Coordinator shall be binding upon the parties pending further Order of Court.
(l) Any party seeking judicial review of the Parenting Coordinator's decision must file a Petition for de novo hearing within 20 days of the filing of the decision stating specifically the issue(s) to be reviewed and attaching a copy of the decision. The Petition must be served on the other party(ies) and the Parenting Coordinator, in accordance with the Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court shall hear the case on the record, and shall render a decision within the time periods set forth in Tule 1915.4.
(m) The parties shall share the cost of the Parenting Coordinator pursuant to the parties' respective financial circumstances or as the Parenting Coordinator or Court may otherwise direct.
(n) In allocating costs, the Parenting Coordinator or Court may consider whether one party has caused a disproportionate need for the services of the Parenting Coordinator.
(o) In review proceedings under subsection (l), the Court may elect to impose counsel fees and/or the Parenting Coordinator's fees upon the non-prevailing party, upon cause shown.
(p) The Court may maintain a roster of individuals it deems qualified to serve as Parenting Coordinators, and may establish training and grievance procedures if it deems them appropriate.
(q) The Order entered pursuant to this Rule shall be substantially in the [following] form found in Pa.R.Civ.P 1915.22.
[IN THE COURT OF COMMON PLEAS _____ , COUNTY, PENNSYLVANIA
Plaintiff CASE NO v. Defendant]
CIVIL ACTION—CUSTODY [AGREEMENT, PARENTING PLAN AND] ORDER FOR PARENTING COORDINATION AND NOW, [the above-captioned Parties agreeing and] the Court finding that it is in the best interest of the child(ren), [NAMES OF CHILDREN, DOB] that a Parenting Coordinator be appointed to assist in implementing the custodial arrangement set forth in the Custody Agreement/Parenting Plan/Order dated ______ and in resolving related parenting issues about which they do not agree, the following is [STIPULATED AND] ORDERED.
1. APPOINTMENT AND TERM:
______ is appointed as the Parties' Parenting Coordinator for a term of [____] months, or until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever occurs first. The Parenting Coordinator's Terms of Engagement are attached hereto and are incorporated into this [Custody Agreement/Parenting Plan/Order]. The Court shall have authority to sanction a party for non-compliance with the Parenting Coordinator's Terms of Engagement.
Legal counsel for ______ [or either party, if pro-se] shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of the date hereof.
2. ROLE OF THE PARENTING COORDINATOR
3.
A. Parenting Coordination involves two components:
1) The Parenting Coordinator shall attempt to resolve issues arising out of the custody order/court approved agreement/parenting plan through facilitation, mediation, consultation, coaching and education, all of which are non-decision-making functions;
2) If it is apparent to the Parenting Coordinator that the continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parties on the issue(s).
B. The Parenting Coordinator will not function as the psychotherapist, counselor, attorney or advocate for the parties, or the parties' child(ren), or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interests of the child(ren).
4. PARENTING COORDINATOR'S AUTHORITY
The Parenting Coordinator, in order to implement the custodial arrangement, set forth in the custody agreement/parenting plan/order and resolve related issues about which they do not agree, is authorized to make decisions about issues that may include, but are not limited to, the following:
A. Dates, times, places and conditions for transitions between households;
B. Temporary variation from the schedule for a special event or particular circumstance;
C. Minor adjustments to the physical custody schedule as set forth in the Custody Order/Agreement/Parenting Plan;
D. School issues, apart from school selection;
E. [Children's] Child's participation in recreation, enrichment, and extracurricular activities, programs travel;
F. Childcare arrangements;
G. Clothing, equipment, toys and personal possessions of the [children] child;
H. Behavioral management of the [children] child;
I. Information exchange (school, health, social, etc.) and communication with or about the [children] child;
J. Coordination of existing or court-ordered services for either of the parties or [children] child (e.g., Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting classes, etc.);
K. Other related custody issues that the parties mutually agree, in writing, to submit to the Parenting Coordinator.
5. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY:
A. The following specific issues are excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) hereinbelow:
1) A change in legal custody decision-making authority set forth in the Custody Agreement/Parenting Plan/Order;
2) A change in primary physical custody (residential parenting time) set forth in the Custody Agreement/Parenting Plan/Order;
3) A change in the Court-ordered custody schedule (parenting time) that substantially reduces or expands the [children's] child's time with one or both parties;
4) A change in the geographic residence of the [children's] child's (relocation) that would render implementation of the current Custody Agreement/Parenting Plan/Order impossible or impracticable;
5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees;
6) Other: ______ .
B. The Parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon the written agreement of the parties.
6. NON-CONFIDENTIALITY OF COMMUNICATIONS:
No communications of the parties and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communications to [the parties (if pro se)] legal counsel.
7. SOURCES OF INFORMATION:
Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including signed HIPPA releases and other forms requested. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g., the children, therapists, physicians, childcare providers, teachers, family members, etc.).
8. COMMUNICATION WITH THE PARENTING COORDINATOR:
A. Protocol:
The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the children), and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa.C.S. 6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary.
B. Oral or Written Communications With the Parenting Coordinator
The parties and their attorneys shall have the right to receive, but not to initiate, oral ex-parte (one-sided) communications from the Parenting, but the fact of such communication shall be known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be made available to the other party or his/her legal counsel for inspection and copying. In accordance with paragraph 5 hereinabove, no such communications are confidential.
C. Written Communications Between Parenting Coordinator and Appointing Judge
(1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attorneys.
(a) in the event of non-compliance of a party with any provision of the Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or
(b) detailing the Parenting Coordinator's reasons for withdrawing from service in this case.
(2) Absent an emergency affecting the [children's] child's health or welfare, any communication from the Parenting Coordinator to the court shall be in writing, and shall be copied simultaneously to the parties (or, if represented, counsel). If the Parenting Coordinator has communicated only orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parties (or, if represented, counsel) in writing the substance of the oral communication.
9. PARENTING COORDINATION DECISION-MAKING PROCESS
A. Prior to the Parenting Coordinator making a Decision, the Parenting Coordinator shall provide a notice and opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and/or the [children] child. In the event a party is given advance written notice of a session but does not attend, the Parenting Coordinator may make a Decision despite that party's absence.
B. Decisions:
1) The Parenting Coordinator's Decisions may be communicated to the parties orally, but must be confirmed in writing as soon as practicable and filed in the [prothonotary's office] Department of Court Records at the parties' above captioned custody docket;
2) The Parenting Coordinator's Decision shall be binding upon the parties unless and until revised by Court Order.
10. JUDICIAL REVIEW:
A. Review of Decisions:
Any party seeking judicial review of a Parenting Coordinator's Decision must file a Petition for a de novo hearing within 20 days of the filing of the Decision, specifically stating the issue(s) and attaching a copy of the Decision. The Petition must be served on the other party(ies) and Parenting Coordinator in accordance with the Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court shall hear the case on the record, and shall render a decision within the time periods set forth in Rule 1915.4.
B. New Court Proceedings:
Prior to filing any new motions, petition or complaint with the Court involving non-emergency custody or parenting of the [children] child within the scope of the Parenting Coordinator's authority, the parties shall participate in no fewer than two sessions with the Parenting Coordinator to attempt resolution of the specific disputed [issues] issue (and to permit a Decision to be made to the extent authorized by paragraph 3 hereinabove).
C. The procedures set forth in this Section 9 are mandatory and may not be waived by the parties.
11. QUASI-JUDICIAL IMMUNITY
In accordance with Pa.R.Civ.P. 1915.17, the Court-appointed Parenting Coordinator is an Officer of the Court, and has quasi-judicial immunity. As such the Parenting Coordinator cannot be sued based on his/her actions performed within the scope of this [Custody Agreement/Parenting Plan/Order].
12. CHILD ABUSE REPORTING:
The Parenting Coordinator is a person required to report suspected child abuse pursuant to 23 Pa.C.S.A. 6311.
13. TESTIMONY:
The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems appropriate.
14. ALLOCATION OF FEES:
The parties will share the obligation to pay the fees of the Parenting Coordinator:
____ % Mother, ____ % Father. Fees may be reallocated by the Court or the Parenting Coordinator if he/she determines that one party has disproportionately caused the need for the service. The Parenting Coordinator may, in his/her discretion charge parties for missed sessions or sessions cancelled less than 24 hours prior to the scheduled session.
15. TERMINATION/WITHDRAWAL OF PARENTING COORDINATOR
A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval.
B. The Parenting Coordinator may withdraw from service at any time, upon ten days written notice to [the parties], all counsel of record, and the Court.
C. Dissatisfactions with the Parenting Coordinator's Decisions is not grounds for termination. The opposing party and Parenting Coordinator shall be given notice of any petition for termination. The court may rule on the [petitions] petition submitted, or may schedule argument or an evidentiary hearing.
16. ACCEPTANCE
A. The parties acknowledge that each has reviewed this agreement and had the opportunity to consult with legal counsel.
B. Each party agrees that the appointment of as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with this Custody Agreement/Parenting Plan/Order.
17. This Custody Agreement, Parenting Plan/Order shall not be effective until accepted by the Parenting Coordinator as evidenced by his/her/ signature below:
[SIGNATURES]
Mother: __________ Father: __________ Date: __________ Date: __________ Attorney for Mother: Attorney for Father: _________________ _________________ _________________ _________________
Other Party (if any): _________________ _________________ Date _________________ I agree to my appointment as the Parenting Coordinator for the parties as set forth above. _________________ _________________ Date Parenting Coordinator ORDER
[The above Agreement is entered as a Court Order]
SO ORDERED. BY THE COURT:
, Judge _________________
_________________
Distribution:
Plaintiff [Attorney for Plaintiff]:
Defendant [Attorney for Defendant]:
[Parenting Coordinator:]
Action of Divorce or for Annulment of Marriage Local Rule 1920.12. Complaint. Contents and Filing.
(a) The Complaint
(1) The plaintiff in the complaint and the defendant in the answer, counterclaim or other petition shall set forth each claim as a separate count.
(2) If a claim is made by either party to the action for custody, partial custody, or visitation, the relevant count in the pleading must comply with the requirements of the applicable rules.
(3) If a claim is made by either party to the action for alimony pendente lite, alimony, or support, the party shall attach to the pleading as an exhibit the Family Division Support/Alimony Pendente Lite/Alimony Information Sheet. These sheets may be obtained from the Intake Office or the Screening Window in Family Division.
(b) Filing the Complaint.
(1) All divorce and annulment complaints shall be filed, and the filing fee paid in the [Prothonotary's Office (Suite 200, Allegheny Building)] Department of Court Records(City-County Building, 1st Floor) where they will be assigned a docket number. The number given to the divorce will also be assigned to any other claim contained in the divorce complaint or other pleadings subsequently filed in this action. If there is a prior action between the parties, the case shall be docketed in conformity with Local Rule 1930(f).
(2) A party filing any secondary pleading to the divorce action (answer, counterclaim or other petition) shall file such pleadings at the [Family Division Prothonotary on the second floor of the Allegheny Building, 429 Forbes Avenue] Department of Court Records (City-County Building, 1st Floor).
(3) If the divorce proceeding includes a claim for support, alimony pendente lite or counsel fees, any party seeking a conference/hearing on said claim shall file a praecipe at the screening window in Family Division requesting that a conference/hearing date be scheduled and further stating that there is no existing order of support and/or alimony pendente lite providing for the support of a spouse. The party seeking the conference/hearing shall provide a copy of the pleading raising the claim for support, alimony pendente lite or counsel fees and the Family Division Support/Alimony Pendente Lite/Alimony Information Sheet to the clerk at the screening window at the time the praecipe for conference/hearing is filed. Where there is an existing order for support and/or alimony pendente lite providing for the support of a spouse, a hearing will be scheduled only pursuant to an order of court obtained by following the procedures required for filing motions at Family Division Motions Court as provided in Local Rule 1930(a).
Local Rule 1920.42. Affidavit and Decree Under Section 3301(c) or 3301(d) of the Divorce Code. Obtaining Decrees.
(a) If a complaint and the 3301(d) affidavit have been filed under Section 3301(d) of the Divorce Code and 20 days have passed from service of the 3301(d) affidavit have elapsed1 and the responding party has not filed a contested responsive pleading within 20 days of service of the affidavit, the moving party shall mail to the responding party's current address or otherwise deliver to the responding party a Notice of Intention as required by Pa.R.Civ.P. 1290.42(c) giving the responding party 20 additional days in which to deny these allegations. The 20 additional days to be given the responding party in the Notice of Intention begins to run on the date on which the notice is mailed or delivered. Registered or certified mail is not required. The moving party shall insert in the notice a date on which the court is in session that is at least 20 days from the date of mailing or delivery.
(b) If the responding party has not responded to the additional notice of intention, the court, on praecipe in the form prescribed by rule 1920.73, will review the complaint and the 3301(d) affidavit and, if appropriate, enter a final decree. An affidavit off service shall be filed for both the 3301(d) complaint and the 3301(d) affidavit. However, only on affidavit of service is necessary if the complaint and the 3301(d) affidavit were served at the same time.
(c) In all cases the moving party is responsible for submitting a proposed decree in the form required by Pa.R.Civ.P. 1920.76 prior to court review of the divorce claim.
(d) Scheduling a Conciliation Before the Court Under Section 3301(d)(1)(iii).
(A) Where the responding party has denied one or more of the allegations set forth in the moving party's affidavit under Section 3301(d) of the Code, either party may obtain a date for conciliation of the divorce claim from the docket clerk, Room 611, City-County Building, and then filing a ''Praecipe for Conciliation Date'' listing such date with the [Prothonotary, Suite 200, Allegheny Bldg., 429 Forbes Avenue, Pittsburgh, PA 15219] Department of Court Records (City-County Building, 1st Floor) and serving copies of same on all parties of record.
Local Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing. Contested and Uncontested Divorce Claims Under §§ 3301(a) and 3301(b) of the Divorce Code.
(f)(1) All contested actions for divorce or annulment shall be first conciliated by the court. A conciliation date may be obtained from the Family Division Docket Clerk. If the case cannot be settled at the conciliation, the following rules will apply.
(2) In all contested actions for divorce or annulment the case shall be heard by a master in the absence of a court order to the contrary. Unless the court directs otherwise, the moving party shall be preliminarily responsible for paying the master's 'fee for trial and preparation of the master's report, the reporter's fees and any costs or poundage due to the [Prothonotary] Department of Court Records; all of said sums shall be paid to the [Prothonotary] Department of Court Records prior to the hearing before the master.
(3) Within 10 days after the fees are paid into the court the master shall give written notice to the parties of a hearing to be held not more than 30 days thereafter. At the time and place set forth in the notice, the master shall begin the hearing and, unless the court directs otherwise, shall continue the same from day to day until completed.
(4) All testimony shall be taken stenographically by one of the reporters of this court or a judge's secretary, and the transcript thereof shall be filed of record within 30 days. Any additional costs of the transcript over the amount deposited shall be paid by the moving party. Any delay in this payment shall be grounds for dismissal of the proceedings unless adequate cause is shown for the delay
(5) Within 30 days of receipt of the transcript, the master shall file a report making findings of fact and conclusions of law and suggesting a form of decree; the master shall serve copies of the report on the parties and shall file an affidavit of service.
(6) Exceptions to the master's report may be filed by the parties within 10 days after receiving notice of the filing of the master's report. Copies of the exceptions shall be served on the opposing party. The exceptant shall, on the date of filing of the exceptions, give a copy of the exceptions to the docket clerk in order to obtain an argument date.
(7) The master's fee and transcript costs shall be taxed as part of the costs and paid as directed by the final decree.
(8) The master appointed by the court to hear a contested divorce shall, after prior notice to both parties, petition the Motions Judge to award the master's fees. The petition shall state that the master has filed a report with the [Prothonotary] Department of Court Records and given notice to counsel of the filing thereof and that the master has no further duties to perform, and the master shall include a detailed list of the services provided and the amount which the master considers to be reasonable compensation.
(g) Uncontested Actions Under § 3301(a) and (b) of the Code.
(1) Actions for divorce or annulment which are uncontested shall be listed for hearing upon filing a praecipe for hearing and, except as otherwise provided by Bule 1920.62, depositing with the [Prothonotary] Department of Court Records the sum of $43 to be applied as follows: Master's Fee—$25; Court Reporter's Fee—$15; Poundage and Mailing Expense—$3. The amount deposited shall be taxed as costs.
(2) The praecipe for hearing shall be in the following form:
PRAECIPE FOR HEARING DATE(Caption)Case No ______ )
1. Kindly list the above-captioned action for hearing.
2. Defendant was served under Rule 412 or 403. Serve notice of hearing upon Defendant by ordinary mail addressed as follows:
___________________________
(address) or2. Defendant was served under Rule 430. Serve notice of hearing upon defendant by registered mail at Defendant's last known address:
___________________________
(address)with a copy by ordinary mail to each of the following: (list names and addresses of persons named in the investigation affidavit under Rule 430 as likely to know the present whereabouts of the defendant.)
or
2. An appearance has been entered for Defendant. Serve notice of hearing upon Defendant's attorney of record.
_________________
Attorney for Plaintiff(end of form)
(3) All notices of hearing shall be mailed by the [Prothonotary] Department of Court Records at least 20 days before the hearing date, and proof of notice shall be filed in the form of a statement of the names and addresses of the persons notified.
(4) Notice of hearing shall be in the following form:
Note: If a party is confined in prison and desires to appear, application may be made to the court for a writ of habeas corpus and testificandum.
Notice of Hearing To _________________
You are notified that the case of _________________ v. _________________ , No. _____
_____ Term _____ will be heard on ______ at ______ o'clock __ .m. (prevailing time) at Room No. ____ , Pittsburgh, PA when and where you may appear and be heard if you desire.
_________________
[Prothonotary] Department of Court Records(end of form)
Note: If a party is confined in prison and desires to appear, application may be made to the court for a writ of habeas corpus and testificandum.
(5) The daily list of uncontested actions shall be heard by one or more masters appointed by the Administrative Judge of the Family Division.
(6) The attorney of record for the plaintiff must be available and ready to proceed at the time for which the hearing is scheduled or arrange to have a substitute appear for him, unless (1) the action has become contested or (2) upon cause shown by written motion, the hearing has been continued by court order.
(i) If the action is contested, the procedure for contested actions shall apply.
(ii) If the hearing is continued, it will not be relisted for hearing until another praecipe for hearing is filed together with payment to the [Prothonotary] of the addition sum of $1 to be applied toward the expenses of new service of notice of hearing.
(7) If the action has not become contested or the hearing has not been continued by court order and the plaintiff does not appear at the hearing, the master will be paid from the funds deposited and the action will not be relisted for hearing until another praecipe for hearing is filed and an additional sum of $27.25 is deposited with the [Prothonotary] Department of Court Records.
(8) The testimony shall be transcribed and filed within 10 days of the hearing. Within five days after testimony has been transcribed and filed, the master shall file a report and recommendations and serve notice thereof on all interested parties. The record, including the master's report and recommendations, shall be submitted to the court for disposition.
(9) In the event the moving party does not wish to file exceptions to the master's report and recommendations, the moving party shall submit a proposed decree in divorce to the court. In the event a party wishes to file exceptions to the master's report and recommendations, the party shall do so within 10 days from the filing thereof. The exceptions shall be filed in the office of the [Prothonotary] Department of Court Records with notice to the court and the opposing party. Also, the exceptant shall provide a copy of the exceptions to the Docket Clerk in order to obtain an argument date.
Local Rule 1920.62. Proceedings by Indigent Parties.
(a) Any person claiming to be an indigent party and who either desires to commence an action in divorce or is a party to a pending action in divorce in Allegheny County shall be referred to the Allegheny County Bar Association to make application under oath.
(b) The Allegheny County Bar Association is hereby authorized to assign an attorney from among its members to represent each applicant determined by it to be an indigent person.
(c) An order permitting a party to proceed without payment of costs may provide:
That the [Prothonotary] Department of Court Records shall accept, file, docket and process all pleadings, orders and decrees without prepayment of costs;
That the Sheriff shall make service and return of service without prepayment of costs;
That the master shall hear the testimony and make and file a report without prepayment of costs.
(d) In the event it is determined that the applicant or any other person who is legally responsible to the applicants is or has become financially able to pay the costs, an order may be entered against that person for the payment of all or any part of costs including reasonable counsel fees.
Local Rule 1930. Domestic Relations Matters Generally.
(a) Family Division Matters
(1) Family Division motions may be presented to the motions judge at 1:30 p.m. on each court day, unless notice that motions will not be heard, or that motions will be heard at a different time, is published in the Pittsburgh Legal Journal.
(2) The party who presents a motion shall include a notice of presentation and certificate of service in the absence of written consent thereto. The notice of presentation and certificate of service shall be contained on a separate page of the motion or petition following the identification sheet. This notice is required even if the opposing party is not represented by counsel. Seven days' notice of presentation of any motion is required absent an emergency or consent by the opposing party to a shorter notice of presentation.
(3) On the same date that the motion is presented, the party who presents a motion to the motions judge shall obtain any required hearing or conciliation date from the Family Division docket clerk and file with the [Prothonotary] Department of Court Records the motion and the court order entered by the court. If a party fails to present the motion to the docket clerk as required by this rule the docket clerk shall refuse to give a hearing or conciliation date. If the signed order schedules a conference or hearing before a domestic relations officer, a copy of the pleading and order must be left with the docket clerk.
(4) The Pittsburgh Legal Journal publishes a monthly list setting forth the dates that a judge assigned to the Adult Section of the Family Division will hear motions. Unless there are unusual circumstances, where a judge has been actively involved in the matter that is the subject of the motion, counsel should present the motion to the assigned judge.
(5) Any motion which involves support payments that are assigned to the Pennsylvania Department of Public Welfare or in which the plaintiff is not represented by private counsel shall be served on the IV-D Attorney, Fort Pitt Commons Building, Third Floor, 445 Fort Pitt Boulevard, Pittsburgh, PA 155216 as well as on the plaintiff.
(6) Any motion which involves support payments or any other matter which is governed by the Uniform Interstate Family Support Act (UIFSA) or the Intrastate Family Support Act (IFSA) and in which the plaintiff is not represented by private counsel shall be served on the IV-D Attorney, Fort Pitt Commons Building, Third Floor, 445 Fort Pitt Boulevard, Pittsburgh, PA 155216 as well as on the plaintiff.
(7) Meet & Confer Requirement for Family Division Motions.
i. Litigants are to confer prior to the filing and/or presentation of any motion before the Court and are to attempt, in good faith, to reach amicable resolution of the issues involved. (Litigants include: counsel representing a party and parties who are self-represented.) Each motion filed shall contain a certificate of compliance setting forth a brief statement of the extrajudicial means employed to resolve the dispute, in substantially the form set forth below.
ii. Failure to comply with this rule may result in sanctions. Good faith efforts toward amicable resolution shall be considered as a factor in determining whether or not the requested relief is appropriate, the propriety of sanctions, or in determining the exigency of circumstances, if relevant.
iii. In the event that any party is self-represented in a matter where any party involved in the matter is either a protected party in a PFA, or has been the subject of domestic violence allegedly perpetrated by the opposing party at any time within the past 24 months, the party must state so in their certificate and said reason shall be sufficient for purposes of this rule in excusing the requirement to confer in advance.
iv. (iv) Certificate of Compliance with Rule 1930(a)(7) Form:
Docket No. _____
CERTIFICATE OF COMPLIANCE WITH RULE __________
I certify that I have complied with Local Rule _____ as noted below.
Signature
(b) Procedure for Preliminary Objections and Motions for Judgment on the Pleadings or Summary Judgment.
(1) Preliminary Objections shall be scheduled on the next available Friday Support Exception Argument List occurring more than 13 days after the Preliminary Objections are filed with the [Prothonotary] Department of Court Records and the Exceptions Clerk. Objector shall serve notice on all parties of the time and place of argument. No preliminary objections shall be accepted for filing by the Exceptions Clerk unless accompanied by a brief. Failure to file a brief with the Preliminary Objections shall be cause for dismissal of the Preliminary Objections. If Respondent files a brief, it shall be filed with the Exceptions Clerk at least seven days prior to argument. Except as provided by Local Rule 1910.7, the scheduling of Preliminary Objections shall stay all proceedings.
Note: Local Rule 1910.7 relates to support proceedings. Divorce and custody proceedings are stayed upon scheduling of preliminary objections.
(2) Motions for Judgment on the Pleadings or Summary Judgment shall be scheduled on the next available Friday Support Exception Argument List occurring more than 41 days after the motion is filed. Movant shall serve notice on all parties of the time and place of argument. Respondent's Answer, if any, together with any opposing affidavits shall be filed at least 21 days prior to the argument date. Movant shall file a brief at least 14 days prior to argument. Respondent's brief, if any, shall be filed at least seven days prior to argument.
(c) Scheduling Conciliations: Matters that are tried by a judge will not be lists for trial until they have been conciliated by a judge.
The following matters may be scheduled for a conciliation by filing a praecipe with the Docket Clerk: conciliation on § 3301(d) divorce claims; custody claims with order of court attached, see Pa.R.Civ.P. 1915(a) and (c); partition and equity claims and equitable distribution and alimony claims (provided that both parties have filed an inventory, appraisement, income and expense statement that either (a) the parties are divorced, (b) both parties have filed an affidavit under Section 3301(c) of the Divorce Code or (c) both parties agree that they have lived separate and apart for at least two years and that the marriage is irretrievably broken.
Note: A detailed description of the procedures, as well as the necessary forms, can be found in the Family Division Court Manual, see (g) of this Rule. For other matters a party may present a petition to the motions judge which contains the factual background, the relief sought, and a request for conciliation.
(d) Continuances [Rescinded]
Note: Procedure of obtaining a continuance in Family Division is set forth in detail in the Family Division Court Manual.
(e) Enforcement of and Equitable Distribution Award
A party seeking to enforce an equitable distribution award shall present to the motions judge a petition for enforcement with a proposed order requesting the court to schedule a conciliation or a contempt hearing before a hearing officer. No petition shall be presented unless notice of its presentation is given to the respondent. If the court enters an order permitting the petitioner to proceed, the petitioner shall obtain immediately from the Docket Clerk a date for the conciliation or contempt hearing, file the original copy of the petition with the [Prothonotary] Department of Court Records, serve the respondent with the court order and file proof of service.
(f) Case Numbers. Suffixes.
(1) All pleadings filed with the Adult Section of the Family Division shall be filed under the originally assigned case number for the involved family. After an original case number has been assigned to all pleadings, regardless of the caption or nature of the case, all pleadings shall be filed under the originally assigned number. The caption shall reflect the appropriate party initiating each original action as the plaintiff.
(2) If counsel or a party believes that there may be a previously assigned case number, but the number is not known, the information may be obtained from the [Prothonotary's Office] Department of Court Records' Name Index located on the mezzanine level of the Department of Court Records' office.
(3) In addition to the docket number assigned to all matters involving the family, the [Prothonotary] Department of Court Records shall assign a three-digit suffix designating the judge to whom the case is assigned. All pleadings must include the suffix as well as the docket number.
(4) All motions, exceptions, conciliations, hearings and other matters shall be listed only before the judge to whom the case is assigned, absent a compelling emergency or the long-term unavailability of the designated judge.
(5) Cases in which the initial pleading was filed before May 1, 1998, may be amended to add the suffix of the judge most familiar with the case.
(6) In the event that a defendant in a support matter has more than one case, the captions of all of the cases shall be amended to assign them to the judge assigned to the case filed first in time. If there is no judge assigned to the case filed first in time, the cases will be assigned to the next judge in the rotation for assigning suffixes.
(g) Family Division Court Manual
Except as otherwise provided by the Pennsylvania Rules of Civil Procedure (Pa.R.Civ.P.) or by local rule adopted by the Court of Common Pleas of Allegheny County (Local Rules), practice in the Adult Section of the Family Division shall be governed by the Court Manual for the Adult Section of Family Division of the Court of Common Pleas of Allegheny County. Current copies of the Court Manual shall be available at the office of the Administrator, Adult Section of Family Division.
Minors as Parties Local Rule 2039. Compromise, Settlement, Discontinuance and Distribution.
(1) Contents of Petition.
A petition under Pa.R.Civ.P. 2039 shall be verified by the guardian of the minor and shall contain a statement of the nature of the evidence relied upon to show liability, the elements of damage, the injuries sustained, and the list of expenses incurred or to be incurred. The petition shall be accompanied by the following exhibits:
(a) A statement of counsel's professional opinion regarding the desirability of the settlement and reasons therefor, including a discussion with specific references to the factual circumstances as to both the liability and damages aspects of the case; a description of the services rendered; a description and the amount of reimbursable expenses requested; and the amount of fees requested, which, except in extraordinary circumstances, shall not exceed 33-1/3% of the present value of a structured settlement or 33-1/3% of the gross recovery of any other settlement.
Note: If settlement proceeds are to be split between a minor and another party(ies) to the litigation, the injuries to this other party(ies) must also be described.
(b) A statement by the attending physician as to the injuries sustained by the minor, treatment administered and the prognosis.
(c) In property damage claims, a statement by the party who made the repairs or appraised the loss.
(2) Deposit of Funds by Order of Court.
(a) All petitions under Pa.R.Civ.P. 2039, where the proceeds of settlement are to be deposited in a savings account or in a certificate of deposit, shall have attached to the petition an order including the following:
It is hereby ordered and decreed that the amount of $ ______ shall be deposited in the name of ______ , a minor, by counsel of record, in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall be marked ''NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF COURT.''Proof of deposit is to be filed with the Department of Court Records, Wills/Orphans' Court Division within thirty days by counsel of record.
(3) Presentation of Petition.
All petitions under Pa.R.Civ.P. 2039 shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division who will then deliver the petition to the Calendar Control Judge for signature.
(4) Annuity Contracts.
(a) Where the terms of settlement of a minor's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this Court.
(b) A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Clerk of the Orphans' Court Division of this Court.
(c) Proof of purchase of any annuity contract is to be filed with the Clerk of the Orphans'
Note: For approval of a settlement of a minor's claim where no action has been instituted, see Orphans' Court Local Rule 12.16G.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
Actions Upon Mechanics Liens, Municipal and
Tax Claims and Charges on LandLocal Rule 3190. Judgment. Execution.
(1) Tax Sales.
Before objection to the adequacy of the price offered for real estate pursuant to Section 14 of Act of July 5, 1947, P.L. 1258, 53 P.S. § 26114, is filed, the objector shall deposit a certified or cashier's check with the solicitor for petitioner for ten (10) percent of the original offer, or a minimum of one hundred dollars ($100.00), subject to forfeiture to all interested taxing authorities in the event the original offer is not raised in said amount in open Court.
The objection electronically filed in the office of the Department of Court Records shall have endorsed thereon acceptance of service and receipt for deposit by counsel for petitioner. After bidding in open Court and acceptance of successful bid by the Court, deposits shall be returned to unsuccessful bidders, provided the accepted bid exceeds by ten percent, or a minimum of one hundred dollars ($100.00), the price offered.
(2) Delinquent Tax Liens.
(a) All orders to strike off and amend delinquent tax liens shall set forth:
(i) original description and change of description;
(ii) original ownership and change of ownership;
(iii) location by political subdivision and lot and block number, if any;
(iv) amount of taxes to be stricken in dollars and cents;
(v) and disposition of costs of the proceedings.
(b) Counsel shall serve certified copies of all such orders of Court on the Controller's Office and the County Law Department.
(c) Counsel shall also serve certified copies of orders of Court changing ownership or description of property on the Register of Deeds Office.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
LOCAL RULES OF CONDUCT, OFFICE STANDARDS AND CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES Local Magisterial District Judge Rule 409. Writ of Execution. Money Judgment Entered by District Justice.
The agency to be named in the Notice Accompanying Order of Execution of judgments for the payment of money rendered by a Magisterial District Judge pursuant to Pa.R.Civ.P.M.D.J. 409(6) shall be:
Lawyer Referral Service
Allegheny County Bar Association
3rd Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Editor's Note: Adopted October 4, 2006, effective December 4, 2006
[Local Magisterial District Judge Rule 420 Statement of Objection (''Goods Claim'').
(1) At the same time a Statement of Objection is filed which will be heard by a Board of Arbitrators, and using envelopes provided by the Prothonotary with the Prothonotary return address, every claimant filing a Statement of Objection shall address an envelope to every party at his or her address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise appears in the records of that office, or the attorney of record, if any; or an address as listed in the Prothonotary records.
(2) The Prothonotary select an arbitration hearing date within three to four weeks and inform the claimant of that date by stamping it on a copy of the Statement of Objection.
(3) Using the envelopes addressed by the claimant filing the Statement of Objection under subsection (1) of this local rule, the Prothonotary shall mail by first-class mail to every party a copy of the Statement of Objection which has been stamped with the date, time and place of the arbitration hearings.
(4) Such first-class mailings under subsection (3) of this local rule, when indicated on the record by the Prothonotary, shall operate as service and proof of service. Any returned mail shall be noted on the Court's docket.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.]
Local Magisterial District Judge Rule [1005] 1005C. Service of Notice of Appeal and Other Papers.
(1) At the same time an appeal is filed [and] from a judgment entered by a Magisterial District Judge in actions seeking possession of real property (''Landlord Tenant Matters'', every appellant shall, using envelopes provided by the [Prothonotary] Department of Court Records with the [Prothonotary] Department of Court Records' return address[, every appellant from a judgment entered by a Magisterial District Judge]:
(a) [shall] address an envelope to every other party at that party's address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise appears in the records of that office, or the attorney of record, if any;
(b) [shall] address an envelope to the Magisterial District Judge in whose office the judgment was rendered; and
(c) [shall,] if the appellant was a defendant in the action before the Magisterial District Judge, (i) self-address an envelope, to the address used by the appellant for the appeal[, and (ii) in addition to the envelopes required by subsection (1)(a) of this local rule, address another envelope to every other defendant, if any, at that defendant's address as it appears in the records of the Magisterial District Judge, or that defendant's attorney of record, if any].
(2) In all appeals from a Judgment entered by a Magisterial District Judge, except Landlord Tenant Matters, the Department of Court Records shall use the addresses for service under subsection (3) as they appear on the Participant List attached to the Judgment entered by the Magisterial District Judge.
[(2)] (3) Using the envelopes addressed by the appellant under subsection [(1)(a) of this local rule] (1), or the party addressed under subsection 2 the [Prothonotary] Department of Court Records shall mail by first-class mail:
(d) to every party other than appellant, [(i)] a copy of the notice of appeal, and
(i) if any other party was a plaintiff in the action before the Magisterial District Judge, a copy of the rule pursuant to [Pa.R.Civ.P.M.D.J] Pa.R.Civ.P.M.D.J. 1004B, with such service and any return being noted on the Court's docket or,
(ii) if any other party was a defendant in the action before the Magisterial District Judge, a copy of the complaint, with such service and any return being noted on the Court's docket;
(e) to the Magisterial District Judge, a copy of the notice of appeal, with such service and any return being noted on the Court's docket[; and
(f) if appellant was a defendant in the action before the Magisterial District Judge, to appellant and any other defendant, a copy of any complaint filed pursuant to a rule to file a complaint, with such service and any return being noted on the Court's docket.].
(2) Pursuant to [Pa.R.Civ.P.M.D.J] Pa.R.Civ.P.M.D.J. 1005C, such first-class mailings by the [Prothonotary] Department of Court Records pursuant to this Local Magisterial District Judge Rule shall operate as service and proof of service as required by [Pa.R.Civ.P.M.D.J] Pa.R.Civ.P.M.D.J. 1005A and 1005B.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
Local Magisterial District Judge Rule [1008] 1008D. Appeal as Supersedeas.
In the event the [Prothonotary] Department of Court Records terminates the supersedeas by virtue of the failure of the appellant to make the payments into Court when and as required, the [Prothonotary] Department of Court Records, upon praecipe of the party on whose behalf the Magisterial District Judge entered the judgment for possession, shall issue a Certificate of Termination of the Supersedeas which will evidence the termination of the supersedeas when received by the Magisterial District Judge.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
Local Magisterial District Judge Rule [1011] 1011B. Writ of Certiorari.
[(1) At the same time a praecipe for a writ of certiorari is filed and suing envelopes provided by the Prothonotary with the Prothonotary's return address, every party filing a praecipe:
(a) Using the envelopes addressed by the party filing the praecipe under subsection (1) of this local rule, the Prothonotary] (1) The Department of Court Records shall mail a copy of the writ of certiorari by first class mail using the addresses listed on the complaint form filed in the office of the Magisterial District Judge:
• to every party other than the party filing the praecipe[, a copy of the writ of certiorari], and
• to the Magisterial District Judge to whom it is directed[, a copy of the writ of certiorari].
(2) Such first-class mailings under subsection [(2)] (1) of this local rule, when indicated on the record by the [Prothonotary] Department of Court Records, shall operate as service and proof of service as required by Pa.R.Civ.P.M.D.J. 1011B and 1011C. Any returned mail shall be noted on the Court of Common Pleas' docket.
(3) Upon receipt of the record, the [Prothonotary] Department of Court Records shall notify the filing party, using the [self-addressed envelope] address listed on the complaint form filed in the office of the Magisterial District Judge, to file its specification of errors.
(4) The party filing the praecipe is responsible for scheduling an argument date [with the Arbitration Office, 536 Courthouse, 436 Grant Street and notifying] by emailing the Housing Court Help Desk on Landlord Tenant appeals, or civilgenmotions@ alleghenycourts.us on all other civil appeals from the Magisterial District Judge's decision. The filing party shall notify the other parties of the argument date [before the Special Motion's Judge] set before the General Motions Judge or the Housing Court Judge.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
Local Magisterial District Judge Rule 1016. Statement of Objections.
1) At the same time a Statement of Objection is filed pursuant to Pa.R.C.P.M.D.J. 1016—1020, every claimant shall address an envelope to every party at their address as listed on the complaint form filed in the Magisterial District Court or as otherwise appears in the records of that court, or the attorney of record, if any; or an address as listed with the Department of Court Records.
2) Using the envelopes addressed by the claimant filing the Statement of Objection under subsection (1) of this local rule, the Department of Court Records shall mail by first-class mail to every party a copy of the Statement of Objection which has been stamped with the date, time and place of the arbitration hearings.
3) Such first-class mailings under subsection (3) of this local rule, when indicated on the record by the Department of Court Records, shall operate as service and proof of service. Any returned mail shall be noted on the Court's docket.
Local Magisterial District Judge Rule 1019. Consideration of Statement of Objection by Court of Common Pleas.
1) Any Statement of Objection to the order or determination made by a Magisterial District Judge under Pa.R.C.P.M.D.J.420 or Pa.R.C.P.M.D.J. 519.1, shall be considered de novo by a Board of Arbitrators.
2) Upon the filing of the Statement of Objections, the Department of Court Records shall select an arbitration hearing date within three to four weeks and inform the claimant of that date by stamping it on a copy of the Statement of Objection using the envelopes provided by the claimant under Local Magisterial District Judge Rule 1016(1).
[Pa.B. Doc. No. 23-1398. Filed for public inspection October 13, 2023, 9:00 a.m.] _______
1 Conforms to Amended State Rule 1920.42*(d)(1) effective January 1, 1996
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