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Home My WebLink About95-01387 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN REI RULES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I I . . I NO. 95-1387 CIVIL TERM ORDER OF COURT AND NOW, this "1- ~~I~ day of MARCH, 1995, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use effective April 30, 1995. Pursuant to Pa. R.C.P. 239, the Prothonotary is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) copy to the Supreme Court Civil Procedural Rules Committee and one (1) copy to the Cumberland Law Journal. By the Court, {3 ,~C Isld 1\,~~31~'tlq!;'. ~- ~ J, (l. c..u..n +\...,-~..:........ f\.n;)w inC"''1'..tM..L'", ~ 3/:J"Ilqs', "..1' . PBTITIONS AND ANSWERS RULE 206-2Ia) All motions and petitions shall be initially presented to the Prothonotary, who shall transmit same to the Court Administrator for assignment to a judge for disposition. The motion or petition shall name each judge who has ruled upon any other issue in the same or related matter, and shall specify the issue. (b) All motions and petitions submitted to the court shall be in writing and shall prominently indicate the individual attorney responsible for the matter. Where that attorney is not the one who personally submits the papers, the names of both attorneys shall be clearly indicated. Adopted June 17, 1976, effective July 1, 1976; amended November 27, 1985, effective January 1, 1986; amended as to sub (a) April 1, 1995, effective April 30, 1995. RULE 206-6. Where notice of the entry of any judgment, decree, or order is required under Pa.R.C.P. 236(a), the petitioner, or moving party, shall include in the proposed order, judgment, or decree, the names of the persons and/or attorneys who are required to be notified and shall provide duplicate copies of the proposed order with stamped envelopes addressed to the said persons and/or attorneys. Adopted March 1, 1995; effective April 30, 1995. PRETRIAL CONFERENCB RULE 212-1. For each term of court a pretrial conference for all cases on the civil trial list shall be held on Wednesday of the third week before civil trial week. Note: This rule is derived from former Rule 203-1. Adopted June 17, 1976, amended January 21, 1977, effective February 1, 1977; amended July 21, 1986, effective January 1, 1987; amended December 1, 1991, effective December 1, 1991; amended April 1, 1995, effective April 30, 1995. CALL OF CIVIL TRIAL LIST RULE 213-2. At the call of the trial list, counsel for all parties shall indicate that discovery has been completed, that all pre-trial actions have been taken, and that the case is ready for trial in all respects. Any case not ready for trial in all respects shall, at the option of the court, be placed at the foot of the list or be stricken from it. Note: This rule does not change former practice. Adopted August 21, 1980, effective August 21, 1980. Amended April 1, 1995, effective April 30, 1995. INACTIVE CASB NOT AT ISSUB RULE 228. The Prothonotary shall list for the general call on the last Tuesday of October of each year, all civil matters which are not at issue, and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pa. R.J.A. 1901(c), notify counsel of record and any parties for whom no appearance has been entered, that the matter has been so listed. If no action is taken, and no written objection is filed in a listed matter prior to the time set for the general call, the prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to prosecute. If, at the call of the list, no good cause is shown why a matter should be continued, the court shall enter an order dismissing the matter with prejudice. Adopted and effective January 26, 1976; amended April 1, 1995, effective April 30, 1995. COURT OFFICB AND RECORDS RULE 550. (a) and (b) Beginning 2 January 1994, the first paper filed in each of the following shall be docketed as follows, and each succeeding paper will take the following numberl Court of Common Pleas, Civil Action-Law, shall bel 94-0001 Civil. Court of Common Pleas, Civil Action-Equity, shall bel 94-0001 Equity. Court of Common Pleas, Criminal, shall bel 94-0001 Criminal. Court of Common Pleas, Criminal-Miscellaneous, shall bel 94-0001 Miscellaneous. Court of Common Pleas, Juvenile, shall bel 94-0001 Juvenile. Court of Common Pleas, Orphan'S Court, shall bel 94-0001 Orphans. Court of Common Pleas, Orphan's Court-Adoptions, shall bel 94-0001 Adoptions. Adopted January 2, 1994, effective April 30, 1995. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN RULE 1915.3-1(a) The original complaint and three (3) copies shall be filed with the Prothonotary, who shall thereafter forward the copy of the Complaint to the Court Administrator for assignment to a custody conciliator. Amended April 1, 1995; effective April 30, 1995. RULE 1915.3-3 All custody matters not specifically reserved to the Court shall be scheduled for a conference before the conciliator not more than sixty (60) days from the date of assignment by the Court Administrator. The conciliator may reschedule the conference at the request of either party. The rescheduled date shall not be more than ninety (90) days from the date of assignment by the Court Administrator. Amended April 1, 1995; effective April 30, 1995. RULE 1915.3-S Upon receipt of a complaint or motion for hearing relating to child custody or visitation, the Court Administrator shall forthwith enter an order setting the time, date, and place for a Conciliation Conference and shall docket said order with the Prothonotary. The attorney for the moving party will then be advised that his/her complaint is ready to be served. The petitioner shall file an affidavit of service verifying that the defendant was served at least ten days prior to the scheduled hearing. Amended April 1, 1995; effective April 30, 1995. RULE 1915.3-8(b) CONTESTED CASEI Should the parties fail to reach an agreement prior to the conclusion of the Conciliation Conference, the conciliator shall submit his/her Conference Summary Report and any proposed recommended orders to the Court Administrator for prompt assignment to a Judge, who shall thereafter review the proposed recommended order and direct the matter for hearing. Amended April 1, 1995; effective April 30, 1995. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. Defendant ORDER OF COURT AND NOW, (date) , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of . 19 , at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommo- dations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Amended April 1, 1995; effective April 30, 1995. DIVORCB RULES RULE 1920.45-4. When the Prothonotary receives timely notice of a request for counseling, the proceedings will immediately be stayed. The Prothonotary will forward to the court a copy of the request for counseling, at which time the court will enter an appropriate order requiring that the parties enter into counseling. Adopted September 3, 1980; amended April 1, 1995; effective April 30, 1995. APPEAL TO APPBLLATB COURT RULE 1925. In every appeal from an order or decree of this Court to which no post-trial motions or exceptions were filed but such appeal is taken directly to an appellate court, appellant or appellant's counsel shall within ten (10) days after taking the appeal, file of record a concise statement of the matters complained of and intended to be argued on appeal and shall serve a copy thereof upon the judge from whose order or decree the order was taken; except that if such judge was a visiting judge, such copy shall be served upon the president judge of this Court, so that an appropriate opinion may be prepared and filed. Whenever an appeal is withdrawn by counsel, notice of such withdrawal shall be given immediately to the judge from whose order or decree the appeal was taken; except that if such judge was a visiting judge, such notice shall be given to the president judge of this court. Adopted October 6, 1978, effective October 15, 1978: abolished April 30, 1995. PROTBCTION FROM ABUSB RULE 6113.1: Protection from Abuse The filing of private criminal complaints, alleging criminal contempt of a Protection from Abuse Order as authorized by 23 P.S. 6113.1, shall be filed with the District Attorney of Cumberland County. Adopted April 1, 1995; effective April 30, 1995. RULE 61141 Notification Upon Release (a) Notification upon release. The Warden of the Cumberland County Prison shall use all reasonable means to immediately notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under a Protection from Abuse Action and/or contempt. Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody. IN REI RULES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : I . . I NO. 95-1387 CIVIL TERM ORDBR OF COURT AND NOW, this 7th day of NOVEMBBR, 1997, the following Rules of the Court of Common pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective January 1, 1998, or thirty (30) days after publication in the Pennsylvania Bulletin. pursuant to Pe. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Word Perfect 6.1 for Windows reflecting the text in the hard copy version, one (1) copy to the Supreme Court Civil procedural Rules Committee and/or the Supreme ~ourt Domestic Relations committee, and one (1) copy to the Cumberland Law Journal. By the Court, Isld f ~ (") ..0 0 c: -J 0'1} ~: :7.: -I -olU 0 .':: :n IT'! r. -< ':'r- j!;:lJ :i~ zc Cl (J) )~ .~ ~?: ~c; 'j =" l_~ :,:.. ..,.. ; '). a"" C-) _. ;:iff' Zc. 6 :f>" c:: .. ':::1 ~ ... ;t~ o;l =< '-:0,' -'--'--'~-,--,- '.'- .-.... .~_. - _. -'. '---. . 0 J;. n ~: ..... 01 r-:l ! -r, I.,' .-'''1 "'I Ci); . ,-, 'f-- I ." (";~. , , (:J .'.: ~ . I l') " I 0 " -.:!! ":(. ,.1. J ....1 t~ \? " ill ~.. ~',,~ , ,., "." :'-=l ;....') h. , -"~ -: "- -... ARRAIGNMENT RULE 303-1. Every defendant shall be arraigned before a judge, before the Clerk of Court, the Clerk's deputy or by first class mail, where the defendant Is represented by counsel of record and upon timely initiative, hereinafter set forth: (a) Arraignment shall take place at the Cumberland County Courthouse, at the Cumberland County Prison, at the State Correctional Institution at Camp Hill, by first class mall, or at such other place as may be designated by an order of the President Judge. (1) If defense counsel chooses to have the defendant arraigned via first class mall, then the defendant and his or her counsel must complete the "acknowledgment of arraignment" form designated by Rule 303-2. (b) Arralgnmentshall take place no later than fifteen (15) days after the information has been filed, unless waived by a defendant who has counsel, or is otherwise postponed by the court for cause shown. (c) Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment. (1) Such notice shall include a caption containing the name and docket number of the case and the charges against the defendant. (2) Notice shall be given by first-class mail or in accordance with Pa.R.Crim.P. 309. (d) If a defendant Is represented by private counsel, or court-appointed counsel other than the Public Defender, defendant may appear with counsel before the Clerk of Court for arraignment anytime prior to the scheduled formal arraignment, at which time counsel shall enter a formal appearance, if an appearance has not been previously entered of record. (e) At arraignment, the defendant shall be instructed to appear at a pretrial conference and trial In accordance with Rule 311. Adopted January 11, 1978, effective January 16, 1978; Amended December 19, 1989, effective January 1, 1990; Amended December 8,1997, effective January 22,1998. IN RE: RULES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1387 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of JANUARY, 1998, the following Rules ofthe Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective March 9, 1998, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Word Perfect 6.1 for Windows reflecting the text in the hard copy version, one (1) copy to the Supreme Court Criminal Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the Court, :bb .-' . ARRAIGNMENT . RULE 303-1. Every defendant shall be arraigned before a judge, before the Clerk of Court, the Clerk's deputy or by first class mail, where the defendant is represented by counsel of record and upon timely initiative, hereinafter set forth: (a) Arraignment shall take place at the Cumberland County Courthouse, at the Cumberland County Prison, at the State Correctional Institution at Camp Hill, by first class mail, or at such other place as may be designated by an order of the President Judge. (1) If defense counsel chooses to have the defendant arraigned via first class mail, then the defendant and his or her counsel must complete the "acknowledgment of arraignment" form designated by Rule 303-2; and file the "acknowledgment of arraignment" form with the Clerk of Court before the date set for arraignment. (b) Except when arraignment is done via first class mail, arraignment shall take place no later than fifteen (15) days after the information has been filed, unless waived by a defendant who has counsel, or is otherwise postponed by the court for cause shown. (c) Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment. (1) Such notice shall include a caption containing the name of the case, and the docket number and/or the offense tracking number. (2) A completed "subpoena to appear for formal arraignment" shall be executed and given personally to the defendant by the District Justice following a preliminary hearing on the charges or a waiver thereof. Notice may also be given by first-class mall or In accordance with Pa.R.Crlm.P. 9024. (d) If a defendant is represented by private counsel, or court-appointed counsel other than the Public Defender, defendant may appear with counsel before the Clerk of Court for arraignment anytime prior to the scheduled formal arraignment, at which time counsel shall enter a formal appearance, if an appearance has not been previously entered of record. (e) At arraignment, the defendant shall be instructed to appear at a pretrial conference pursuant to Rule 311 and trial. Adopted January 11, 1978, effective January 16, 1978; Amended December 19, 1989, effective January 1, 1990; Amended December 8, 1997, effective January 22, 1998, Amended February 2,1998, effective March 9,1998. :,. '_c, '- e- c.: \.~ ., ':..~ .. -"0 IUt. .- C .. .,: . , ~~~ r- :~~;' -.. ( j , ,:_, -.-) , , '" , ::"7" D!.~ c:: '. d I. '-'.. -~} ". '"- I , (~'1 -.', 0 G"' i) " .0_.' . IN RE: RULES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95.1387 CIVIL TERM ORDER OF COURT AND NOW. this 16th day of JULY. 1998, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective August 20, 1998, or thirty (30) days after publication In the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 239, the Court Administrator Is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted In Word Perfect 6.1 for Windows reflecting the text in the hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Joumal, :bb (j ,t.") 0 C", OJ ~jl S . ., -0 JtfJ n. ,j , - ;;-- ,'in .>,.{- (J'i :c) ~;") .! (:.., .',-, ,;~. ", '-n , ("; , - ; !il . ..<> ....t - , ., ;;:-... ~, ~~L 1 ) I " ", - INACTIVE CASES NOT AT ISSUE RULE 228. The Prothonotary shall list, for general call on the last Tuesday of October of each year, all civil matters which are not at issue. and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pa. R.J.A. 1901(c), notify counsel of record and any parties for whom no appearance has been entered. that the matter has been so listed. Ifno action is taken. and no objection In the form of a petition (with proposed rule to show cause as Indicated hereafter) is filed in a listed matter with the Prothonotary prior to the time set for the general call, the Prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to prosecute. If a petition setting forth facts In opposition to a dismissal is filed, a rule to show cause In the form provided by Pennsylvania Rule of Civil Procedure 206.5(c) shall issue upon the remaining parties as respondents, and the matter shall proceed In accordance with Pennsylvania Rule of Civil Procedure 206.7 thereafter. Adopted and effective January 26,1976; amended, April I, 1995, effective April 30. 1995; amended, July 20, 1998, effective, August 20.1998. - , . n ".") ('1 c:_ ';'J n ;;.~' ~...~ .- r", I,; "- '\~; ~! :/~ , ,-- ;.....- , ," <Cl ."" , ; , <oJ , n .' .. 1 ~ ..) '~:J. " I -J -