[34 Pa.B. 2289]
[Continued from previous Web Page] Rule 260. Trial List
A. Entry on List
When an action has been certified by the trial judge as ready for trial, the District Court Administrator shall place it on a trial list.
B. Order of Trial
Actions shall be listed on a trial list in the order in which they were certified and shall be tried in that order unless otherwise directed by the trial judge.
C. Relisting
Cases not disposed of shall be automatically relisted on the next trial list.
Rule 280. Costs
A. Items of Allowable Costs
Costs may include: fees of Court appointed examiners, masters, auditors, accountants or other experts; statutorily permitted costs for the attendance of witnesses; and such other costs permitted by statute or allowed by the Court.
B. Security for Costs
The Court may require a party to post security for costs.
C. Interlocutory Orders for Costs
A party directed by an interlocutory order to pay costs may not take any further action until such costs are paid.
D. Liability for Costs
Costs shall follow the entry of judgment or decree unless the Court directs otherwise.
E. Time of Filing and Service
Bills of costs must be filed and served within ten days after the entry of a judgment or decree.
F. Exceptions
Exceptions may be filed within five business days of the date of service or shall be deemed waived.
Rule 285. Accounts and Inventories
A. Accounts
When an account is required in a civil action, the account shall proceed in accordance with the Lancaster County Rules of Orphans' Court, except that filings shall be with the Prothonotary.
B. Inventories
Any fiduciary required to file an account shall file a signed and verified inventory within sixty days of appointment.
Rule 286. Sureties
A. General Requirements
Where security is required, a bond shall be filed and approved by the Prothonotary before any action is taken. One corporate surety or two individual securities shall be required.
B. Corporate Requirements
A corporate surety, except as identified in Pa.R.C.P. No. 105, shall file with the Prothonotary evidence that it is authorized to do business in Pennsylvania and its current financial statement, sworn to by an officer or authorized agent. A new financial statement must be filed at least annually by the third Monday of January. No corporation will be accepted as sole security for an amount greater than half its paid-in capital and surplus. The Prothonotary shall keep a list of qualified companies.
C. Individual Requirements
No bond shall be approved until each surety has filed an affidavit which states that the surety is the owner of real estate having a value in excess of the penalty of the bond and which lists the surety's debts, liabilities and all legal exemptions. The affidavit shall state whether the surety is also a surety on any other obligations, and, if so, what they are. Tenants by the entireties shall be considered a single surety. No person concerned in the execution of process shall become a surety.
D. Objections
Any party in interest may object to the security in accordance with Pa.R.C.P. No. 1535.
Rule 430. Service Pursuant to Special Order of Court. Publication
The Lancaster Law Review is designated as the legal publication for the publication of legal notices.
Rule 440.1. Proof of Service
A proof of service shall conform to Pa. R.A.P. 122.
Rule 1018.1. Notice to Defend
The following is designated to be named in the Notice to Defend as the organization from which information can be obtained:
Lancaster Bar Association
Lawyer Referral Service
Telephone: 717-393-0737Rule 1028(c). Preliminary Objections
A. Preliminary Objections Pursuant to Pa. R.C.P. No. 1028(a)(2), (3) or (4).
1. Proposed Order. All preliminary objections shall be accompanied by a proposed order.
2. Stipulated Matters. If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.
3. Brief. The party filing preliminary objections shall file a supporting brief within ten days of the date of filing of the preliminary objections. If a supporting brief is not filed within ten days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn upon praecipe of the respondent. In that event, the objecting party shall file an answer to the complaint within twenty days of the date the praecipe is filed.
4. Responsive Brief. If a supporting brief is filed, the respondent shall file a responsive brief within twenty days after service of the supporting brief. Any party who fails to file a responsive brief shall be deemed not to oppose the objections.
5. Reply Brief. The moving party may file a reply brief within five business days after service of the responsive brief.
6. Praecipe for Assignment. Any party may file a praecipe to assign the objections for disposition at the expiration of the briefing schedule. The Prothonotary shall assign the objections and deliver the file to the assigned judge.
7. Oral Argument. Any party may request oral argument by filing a praecipe. Oral argument shall be held at such time and place as the judge shall direct.
B. Preliminary Objections Pursuant to Pa. R.C.P. No. 1028(a)(1), (5) or (6).
Any party filing preliminary objections pursuant to Pa. R.C.P. No. 1028(a)(1), (5) or (6) shall attach a notice to plead. Such objections are governed by Local Rules 206.1(a), 206.4(c) and 206.7.
Rule 1034(a). Motion for Judgment on the Pleadings
A. Proposed Order. All motions shall be accompanied by a proposed order.
B. Stipulated Matters. If the parties agree to the relief sought, the motion shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.
C. Motion and Brief. The moving party shall file the motion, proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
D. Responsive Brief. Within twenty days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
E. Reply Brief. The moving party may file a brief in reply to the responsive brief within five business days after service of the responsive brief.
F. Praecipe for Assignment. Any party may file a praecipe to assign the motion for disposition at the expiration of the briefing schedule. The Prothonotary shall assign the matter to a judge for disposition and shall deliver the file to the assigned judge.
G. Oral Argument. Any party may request oral argument by filing a praecipe. Oral argument shall be held at such time and place as the judge shall direct.
Rule 1035.2(a). Motion for Summary Judgment
A. Proposed Order. All motions shall be accompanied by a proposed order.
B. Stipulated Matters. If the parties agree to the relief sought, the motion shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.
C. Motion and Brief. The moving party shall file the motion, a proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
D. Responsive Brief. Within thirty business days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
E. Reply Brief. The moving party may file a brief in reply to the responsive brief within five business days after service of the responsive brief.
F. Praecipe for Assignment. Any party may file a praecipe to assign the motion for disposition at the expiration of the briefing schedule. The Prothonotary shall assign the matter to a judge for disposition and shall deliver the file to the assigned judge.
G. Oral Argument. Any party may request oral argument by filing a praecipe. Oral argument shall be held at such time and place as the judge shall direct.
Rule 1301. Compulsory Arbitration. Scope
A. All civil suits or actions, where the amount in controversy is $50,000.00 or less, when at issue, shall first be submitted to arbitration.
B. This Rule shall not apply to cases involving title to real estate, cases which have been consolidated for trial with cases involving more than $50,000.00 or cases requiring equitable or declaratory relief.
C. A case is at issue when:
1. a party files a Praecipe for Reference or
2. when the Court issues an order for reference.
D. A party filing a Praecipe for Reference shall serve all other parties and the District Court Administrator within four business days.
Rule 1302. List of Arbitrators. Appointment to Board
The President Judge shall appoint attorneys to serve as arbitrators and as chairpersons of boards of arbitrators. The District Court Administrator shall maintain the lists of attorneys so appointed and shall assign the attorneys to serve from those lists.
Rule 1303. Hearing. Notice
The District Court Administrator shall fix the date, time and place of the hearing, assign the arbitrators and give notice to the parties not less than sixty days before the hearing.
Rule 1308. Arbitrators' Compensation
Arbitrators and chairpersons shall be compensated at rates established by the President Judge.
Rule 1507. Notice Pursuant to Pa. R.C.P. No. 1507
When notice is required pursuant to Pa. R.C.P. No. 1507:
A. The notice shall be given by publication pursuant to Pa. R.C.P. No. 430 and Local Rule 430.
B. The notice shall state:
1. That an action has been filed.
2. The caption of the case as defined in Pa. R.C.P. No. 1018.
3. The nature of the action and the relief sought.
4. The nature of the noticed party's interest in the property.
C. The notice shall also state that the noticed party may appear in the action and that, if the party fails to do so within thirty days of the publication, a decree which may bind the party's interests may be entered.
ACTIONS FOR SUPPORT
Rule 1910.11(a). Hearings Before the Court. Scheduling. Responsibilities of Counsel
A. Upon motion of a party, the Court may approve a special listing. Upon approval, counsel shall contact the District Court Administrator to schedule a hearing. The scheduling shall not occur unless the District Court Administrator is notified of the Court's decision by counsel.
B. The scheduling of a special relief hearing must be approved by the Family Business Judge.
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
Rule 1915.1. Scope. Definitions
Local Rules 1915.1 through 1915.19(a) govern all actions for custody, partial custody and visitation, including original actions, contempt proceedings and petitions to modify orders.
Rule 1915.3. Commencement of Action. Complaint. Order. Service
A. Except as provided in subdivisions F and G, all custody complaints shall be filed with the Prothonotary.
B. In addition to fees assessed for filing a complaint, an additional administrative fee shall be assessed by order of Court and shall be paid to the Prothonotary at the filing of the custody complaint.
C. When a custody claim is asserted in a divorce action, either party may request a date and time for a conference on the custody issue by filing an order with the complaint or with a motion. The administrative fee must be paid to the Prothonotary when the conference is requested.
D. After filing, all complaints or motions for conferences shall be forwarded to the District Court Administrator, who shall set the time, date and place for a custody conference.
E. The moving party shall serve the complaint and order or motion in accordance with the Pennsylvania Rules of Civil Procedure and shall file a proof of service.
F. Any complaint seeking custody of a child within the jurisdiction of the Juvenile Court pursuant to any proceeding under the Juvenile Act shall be presented to the Juvenile Court Judge who will determine how the matter will proceed.
G. Any complaint seeking custody of a child within the jurisdiction of the Orphans' Court pursuant to a petition for voluntarily relinquishment of parental rights, confirmation of consent to adoption, involuntary termination of parental rights or adoption shall be presented to the Orphans' Court Judge who will determine how the matter will proceed.
Rule 1915.5(a). Jurisdiction. Contempt. Continuances. Emergency Relief
A. A party objecting to jurisdiction or venue before the custody conference shall present the objection to the Court and present a request for a continuance to the District Court Administrator.
B. A contested request for a continuance of a scheduled custody conference shall be presented to the Court for decision. A request for continuance shall be filed with the District Court Administrator in accordance with local procedure. In all requests for a continuance, no continuances will be granted within 14 days of the conference without an order of Court and payment of the conference fee.
C. Any complaint for custody, petition for modification, request for special relief or contempt petition containing a request for interim relief must be presented to the assigned Family Court Judge in Family Business Court.
D. Where the parties are in agreement for a continuance, they shall file an Uncontested Motion for Continuance and Waiver of Custody Case Time Requirements in the form provided in Local Rule 1915.19(a).
Rule 1915.5(b). Custody Conference Officer. Conferences. Procedure
A. The Court shall appoint members of the Lancaster County Bar or other appropriate persons as custody conference officers to conciliate custody cases filed with the Court and to recommend temporary custody orders.
B. All custody matters shall be scheduled for conference before a custody conference officer no sooner than ten days after the filing of a request for conference. All parties shall be present at such conference unless excused by the custody conference officer. Failure of a party to appear at the conference may result in the entry of a temporary or permanent order without information from that party.
C. A child shall not be brought to the conference except by order of Court. If a child, who is the subject of an action, attends a hearing or conference pursuant to Pa. R.C.P. No. 1915.11(c) or other rule, the party bringing the child shall be responsible for supplying a person to supervise the child while the parties are in the custody conference or in Court.
D. To facilitate conciliation and to encourage frank exchanges between the parties and their respective counsel, statements made by the parties at the custody conference shall be inadmissible as evidence at a later custody hearing. The custody conference officer shall not be a witness for or against any party at any subsequent custody hearing.
E. Post-conference Procedure
1. Settled Case. If an agreement is reached during the conference, the custody conference officer shall record the agreement on a memorandum of agreement form supplied by the Court. All parties shall sign the memorandum, and the custody conference officer shall prepare and present a proposed order to the assigned Family Court Judge. The proposed order shall not be presented to the Court for approval until the parties have furnished the custody conference officer, who shall attach to the proposed order, certificates verifying each party's completion of the custody education seminar referred to in Local Rule 1915.15 Form of Order, or completion of such alternative education program which may be utilized by the Court at the time a custody complaint is filed. If an agreement is reached within twenty four hours before a scheduled conference, the parties shall submit a stipulation signed by all parties and a proposed order to the custody conference officer, who shall submit them to the assigned Family Court Judge. Counsel shall attach to the stipulation certificates verifying completion of the custody education program requirement then in effect.
2. Contested Case. If the parties fail to reach an agreement before the conclusion of the custody conference, within ten days of the conference the custody conference officer shall submit to the assigned Family Court Judge a conference summary report and recommended temporary order. The recommendation may propose a follow-up custody conference with or without consent of the parties. The order will schedule a follow-up custody conference or a hearing.
F. Pre-trial Conference
1. Scheduling. Upon recommendation of a conference officer or a motion of counsel, the Court may schedule a custody pre-trial conference.
2. Attendance. Each party shall be represented at the conference by trial counsel, who shall have authority to bind the client.
3. Preparation. At two business days before the conference, counsel shall file a pre-trial memorandum containing:
a. A concise statement of the issues and proposed resolution;
b. A list of any contempt issue;
c. A list of fact and expert witnesses with their addresses and a concise statement of their proposed testimony;
d. A list of exhibits;
e. A list of deposition transcripts to be used in lieu of testimony and a statement of all known objections;
f. A statement of stipulations sought; and
g. A statement of requests such as a special time for a witness, courtroom needs etc.
Rule 1915.7. Consent Order
If an agreement is reached regarding custody, partial custody or visitation at least twenty four hours prior to the scheduled conference, the parties may submit a stipulation, with attached custody education seminar completion certificates, and proposed order to the Family Court Judge for disposition. An agreement reached within twenty four hours of the scheduled conference shall be governed by Local Rule 1915.5(b)(E)(1).
Rule 1915.15. Form of Order
The order to be attached on top of a complaint for custody or petition for visitation or to modify custody shall be in substantially the following form:
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
______ , : Plaintiff : : v. : No. : ______ , : Defendant :
ORDER You, _________________, (defendant) (respondent), have been sued in Court to (obtain)(modify) custody, partial custody or visitation of the following child/children: (names)
1. You are ordered to appear in person at 50 North Duke Street, Lancaster County Courthouse, Lancaster, Pennsylvania, on the ____ day of ______ , 20 __ , at ____ o'clock __ .m. for a conciliation conference to be held in room number ______ before Custody Conference Officer ______ .
2. Pending the custody conference:
(Court selects option)No temporary order is requested.
The Court issues no temporary order.
The custody Order (date and reference No.)
remains in effect.With the following revisions (if applicable)
___________________________
___________________________
___________________________
The Court enters the following Temporary Order:
___________________________
___________________________
___________________________
3. Required Education Seminar:
a. All parties named in the caption of the case MUST participate in the custody education seminar approved by the Court at the time the custody action was filed.
b. Unless specifically directed by order of Court, no children shall be present at either the custody education seminar or the conciliation conference. For those cases in which the Court directs the party to bring a child or children to the conference, the supervision requirements of Local Rule 1915.5(b)C apply.
c. Attendance at the custody education seminar will be verified by a certificate which must be presented to the Conference Officer at the beginning of the conciliation conference.
d. A brochure and registration form identifying the seminar and giving the dates, times and location of the seminar is attached. The registration form and fee MUST be returned promptly to assure timely attendance. All parties must attend the required seminar even if the seminar information was omitted from the attached complaint or petition.
e. If a brochure and registration form are not attached, call the District Court Administrator at 717-299-8041 or access the form on the County website which is www.co.lancaster.pa.us/Courts.
f. If you fail to attend the custody education seminar without being excused by order of Court, you WILL be subject to contempt proceedings.
4. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.
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.
OFFICE OF THE DISTRICT COURT ADMINISTRATOR
LANCASTER COUNTY COURTHOUSE
50 NORTH DUKE STREET
LANCASTER, PA 1760
(717) 299-8041
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lancaster County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the District Court Administrator. All arrangements must be made at least seventy two hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
BY THE COURT:
_________________
JUDGEDATE:
ATTEST:
Rule 1915.15(a). Form of Motion
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
Plaintiff : v. : Docket Number: CI-_____ : Defendant :
UNCONTESTED MOTION FOR CONTINUANCE AND WAIVER
OF CUSTODY CASE TIME REQUIREMENTSMotion is hereby made to continue the above captioned case scheduled on [date] , [time] , [place] ,
[Officer/Judge] , for a __ conference ______ hearing, for reason(s) as follows:
_______________________________________________
Signature of Applying Counsel or Pro se Party Representing Date
_______________________________________________
Signature of Opposing Counsel or Pro se Party Representing Date
By signature of both parties, this is a waiver of the time requirements of Pa.R.C.P. No. 1915.4 for
_____ Initial custody conference
_____ Start of hearing
_____ Completion of hearing
Order AND NOW, this _____ day of ______ , _____ , the Motion is granted. The custody ____ conference ____ hearing, (date) ______ is rescheduled to (time) ______ Place: ______ , Officer/Judge: ______ .
BY THE COURT
_________________
JudgeRule 1920.42(a). Praecipe to Transmit Record
Any party filing a praecipe to Transmit Record shall give notice to the opposing party and shall file proof of service of that notice within five days of filing. Failure to give such notice shall be grounds to strike the Praecipe to Transmit Record at the request of any party not given such notice.
ACTIONS FOR DIVORCE OR ANNULMENT OF MARRIAGE
Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing
A. Master's Authority. A master shall hear claims in an action of divorce under Section 3301(a), (b) and (d)(1)(ii) of the Divorce Code, in an action for annulment and in claims for alimony, equitable distribution of marital property, counsel fees, costs and expenses.
B. Filing Fees and Costs. The party first raising an issue which is to be referred to a master under these Local Rules shall pay the sum required by the Prothonotary' s fee bill, in addition to any normal filing fees. This sum is not refundable. If a hearing requires more than one-half day, an additional fee will be due for each one-half day or part thereof. These fees shall be paid within ten days after a continuance has been granted.
C. Motion for the Appointment of a Master. When an action is at issue pursuant to Pa.R.C.P. No. 1920.51(a), a party may file a motion and proposed Order to Appoint Master. The motion and proposed order shall be in conformity with Pa.R.C.P. No. 1920.74 and L.C.R.C.P. No. 1920.74.
D. Affidavit of Vital Statistics. The party filing the motion for the appointment of the master shall file the Pennsylvania Department of Health, Bureau of Vital Statistics form.
E. Actions Not Requiring a Hearing or a Master In the following cases, neither a master nor a hearing will be required:
1. No hearing will be required in an action which is filed under Section 3301(c) or Section 3301(d) of the Domestic Relations Code and in which an agreement is to be incorporated into the divorce decree relative to claims for equitable distribution, alimony, counsel fees, costs and expenses. Instead, the master shall review the record and file a recommendation with the Court within twenty days after receipt of the record.
2. Pursuant to Pa.R.C.P. No. 1920.5l(a)(2)(ii), no master will be appointed where a divorce action contains a claim for divorce under Section 3301(c) or Section 3301(d) of the Domestic Relations Code and there are no claims for equitable distribution, alimony, counsel fees, costs and expenses or there are no other factual disputes and there is no agreement to be incorporated into the divorce decree. Instead, after all pleadings and other documents have been filed, either party may file with the Prothonotary a praecipe in the form prescribed by Pa.R.C.P. No. 1920.73, and the Prothonotary shall transmit the record to the Court, which shall review the record and enter an appropriate decree.
F. Hearing Pursuant to Local Rule. In all other actions for divorce in which there are no claims for alimony, counsel fees, costs, expenses, or equitable distribution or if all such claims have been resolved by an agreement which is to be made a part of the Court order, the master may conduct a hearing in the manner set forth in Paragraph M.
G. Hearing Pursuant to Pa.R.C.P. No. 1920.53. In all other cases, the master shall take testimony and file a report which complies with the requirements of Pa.R.C.P. No. 1920.53.
H. Special Relief Hearings. Any request for a special relief hearing is subject to approval by the assigned Family Court Judge.
I. Telephonic Conference before Pre-hearing Conference. There shall be a telephonic conference between the parties and the master before any pre-hearing conference to discuss the status of discovery, the need for appraisals, general issues and the scheduling of a pre-hearing conference by the master.
J. Pre-hearing Conferences and Pre-trial Statements. Pre-hearing conferences shall be held in a Court facility designated by the District Court Administrator. Each party shall attend the pre-trial conference prepared to stipulate to items not in dispute. The master shall have the discretion to require the attendance of the parties, if necessary. Clients shall be consulted by counsel in advance of the pre-hearing conference as to authority respecting stipulations as to items not in dispute and settlement, including definite maximum or minimum limits, as appropriate, and regarding such other questions as may reasonably be anticipated to be relevant. The parties shall also prepare and furnish to the master and other party, at least five business days prior to the date scheduled for conference, a pre-trial statement as described in Pa.R.C.P. No. 1920.33(b). At the hearing, the parties will be limited to those witnesses, exhibits and documents set forth in their pre-trial report unless:
1. All parties affected by any changes agree in a writing which shall be filed with the Court.
2. Prompt notice of changes in the list of witnesses, exhibits or documents is made by filing with the master and by serving the other party with a supplemental pre-trial statement. A proof of service shall be filed with the supplemental pre-trial report pursuant to Local Rule 440.
3. Supplemental pre-trial statements will be liberally received by the master, absent a showing of failure to give prompt notice, undue inconvenience, expense or prejudice. Any objections shall be ruled on by the master or the Court. If no pre-hearing conference is required by the master, a pre-trial statement, as set forth herein, shall be furnished to the master and opposing party at least five business days before the hearing.
K. Scheduling and Notice of Hearing. The master shall give at least twenty days written notice of the time and place of the hearing to all parties unless waived in writing by all parties. All hearings shall be held in a facility designated by the District Court Administrator.
L. Evidence in Uncontested Cases. A plaintiff who believes the action will be uncontested shall submit to the master at the hearing the following:
1. Affidavit Re Vital Statistics;
2. Plaintiff's Record of Testimony in question and answer or narrative form, signed and verified by plaintiff;
3. The testimony of each of plaintiff's witnesses, in question and answer or narrative form, signed and verified by the witness; and
4. Any exhibits identified in the testimony.
M. Uncontested Hearings Using Plaintiff's Record of Testimony. The master shall conduct the hearing in an uncontested hearing as follows:
1. The plaintiff and all witnesses whose evidence has been prepared in advance shall attend the hearing, and shall swear to or affirm their prerecorded evidence.
2. The master may examine the plaintiff and the witnesses with respect to the evidence prepared in advance in order to evaluate the credibility of those offering pre-recorded evidence, and, to this end, may interrogate the plaintiff and the witnesses as to any relevant matters, including any post-nuptial agreement, whether or not included in the prepared Record of Testimony,
3. The master, upon being satisfied that the Plaintiffs Record of Testimony is credible evidence, shall accept it and include it in the report in lieu of findings on the merits, provided, however, that, in the report, the master certifies:
a. That, at the hearing, the plaintiff and the witnesses offering pre-recorded testimony were placed under oath or affirmation and were examined and that they, by credible evidence, substantiated the facts set forth in the Plaintiff's Record of Testimony; and
b. That no witness, who was sworn or affirmed, presented testimony or evidence to the contrary of the facts set forth in such Record of Testimony.
N. Master's Report in Uncontested Cases. After the hearing wherein the Plaintiff's Record of Testimony has been accepted, the master shall prepare and file the report together with a recommendation in accordance with Pa.R.C.P. No. 1920.53.
O. Master's Status Report if Filing Not Timely. Masters shall submit a status report to the Court and the parties if the report is not timely filed.
Rule 1920.55-2. Exceptions To Master's Report
A. A party filing exceptions to a master's report shall also file a praecipe listing the exceptions for argument and shall serve all parties with copies. The District Court Administrator shall maintain a list of all such cases. Argument Court dates and filing deadlines are as published in the Court calendar.
B. The listing party shall file and serve a brief thirty days before the Argument Court date, and all other parties shall file briefs fifteen days before that date. The District Court Administrator shall publish the list of cases to be argued. The President Judge shall assign cases, and the assigned judge shall notify the parties how and when argument shall be presented.
Rule 1920.74. Form of Motion for Appointment of Master. Order
The motion and proposed order, in addition to confirming to the requirements of Pa.R.C.P. No. 1920.74 shall also contain the following:
(Caption)
ORDER AND NOW, this _____ day of ______ , 20 __ ,
_________________ is appointed Master with respect to the following claims:
___________________________
___________________________Counsel and unrepresented parties are hereby directed to participate in a telephonic status conference with the divorce master on the _____ day of ______ , 20 __ , at _____ o'clock __ .m. The conference call shall be initiated by the counsel or unrepresented party who requested the master's appointment.
In the event that the status conference is required to be re-scheduled at the request of an unrepresented party or counsel, the unrepresented party or counsel requesting the change shall be responsible for promptly coordinating the new date and time with the divorce master and initiating the conference call.
BY THE COURT:
______
J.Copies To: Divorce Master
All PartiesRule 2039. Compromise, Settlement, Discontinuance and Distribution
A. Contents of Petition
A petition for leave to compromise, settle or discontinue an action in which a minor is a party or an action for wrongful death in which a minor is interested shall set forth:
1. The facts of the case.
2. The damages sustained.
3. All expenses incurred or to be incurred, including counsel fees.
4. Any other relevant information.
B. Hearing
The Court may require a hearing to determine whether the proposed compromise, settlement or discontinuance should be approved.
C. Appearance at Hearing
Necessary parties and witnesses shall appear at the hearing unless excused for cause shown.
Rule 2064. Compromise, Settlement, Discontinuance and Distribution
A petition for leave to compromise, settle or discontinue an action in which an incapacitated person is a party shall be governed by Local Rule 2039.
Rule 2206. Settlement, Compromise, Discontinuance and Judgment
A petition filed pursuant to Pa. R.C.P. No. 2206 shall be governed by Local Rule 2039.
Rule 3252. Writ of Execution
The following is designated to be named in the Writ of Execution Notice as the organization from which information can be obtained:
Lancaster Bar Association
Lawyer Referral Service
Telephone: 717-393-0737Rule 4007.1. Procedure in Deposition by Oral Examination
A. A period of at least ten days is deemed reasonable notice as required by Pa.R.C.P. No. 4007.1(a).
B. Depositions shall be taken in Lancaster County unless the Court directs otherwise.
RULES OF CRIMINAL PROCEDURE Rule 1. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules of Criminal Procedure and may be cited as ''L.C.R. Crim.P. No. .''
Rule 2. Trial List
The District Court Administrator shall publish the list of all cases certified as trial ready for each term of Court no later than one week prior to the commencement of the following trial term. This will be known as the trial list.
Rule 3. Call of the List
A call of the trial list will take place as scheduled by the District Court Administrator prior to each trial term. At that time, the President Judge or his designee will address all motions for trial continuances and requests to schedule guilty pleas. Any case not removed from the trial list at the call of the list will be considered trial ready. Pro se defendants must be present for all calls of the list on which their cases appear.
Rule 4. Continuances During Trial Term
Once the trial term begins, any continuance must be authorized by the President Judge or his designee and will only be granted for compelling reasons.
Rule 5. Trial Priority List
A. All cases on the Trial Priority List are deemed to be trial ready and will be listed in a priority established by the District Attorney.
B. The Trial Priority List will be published by the District Court Administrator before the commencement of the Criminal Court term.
C. As cases are disposed of and/or called for trial, the District Attorney will continue to update the Trial Priority List in conjunction with the District Court Administrator, who will publish the updated lists.
D. Cases will be placed into a courtroom in accordance with their priority, attorney availability and witness availability.
E. Cases on the Trial Priority List can be moved up on the list by the District Attorney with reasonable notice to counsel.
F. Counsel and/or pro se defendants for cases on the Trial Priority List not immediately assigned to a courtroom must be available to commence trial on reasonable notice.
G. Pro se defendants must contact the District Court Administrator as frequently as needed throughout the term of Court to determine where their cases appear on the Trial Priority List and when they will be placed into a courtroom.
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