2226 Rules of civil procedure nos. 10, 36, 1018.1, 1915.15 and 3252 amended; rules of criminal procedure nos. 3 and 570 amended; rule of civil procedure 1042.21 adopted

Title 255--LOCAL
COURT RULES

LANCASTER COUNTY

Rules of Civil Procedure Nos. 10, 36, 1018.1, 1915.15 and 3252 Amended; Rules of Criminal Procedure Nos. 3 and 570 Amended; Rule of Civil Procedure 1042.21 Adopted

[34 Pa.B. 6646]

Administrative Order

   Lancaster County Rules of Civil Procedure Nos. 10, 36, 1018.1, 1915.15 and 3252 and Lancaster County Rules of Criminal Procedure Nos. 3 and 570 are amended as follows. Lancaster County Rule of Civil Procedure 1042.21 is adopted as follows. These changes shall be effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

MICHAEL A. GEORGELIS,   
President Judge

Civil Rules of Procedure

Rule 10. Business Judge

   A.  The District Court Administrator shall designate the daily Business Judge. Motions and petitions, not otherwise covered by these Rules for presentation to the Court, shall be forwarded to the Business Judge by the Prothonotary or may be presented by counsel directly to the Business Judge by appointment.

   B.  Family Court motions and petitions for special relief or other Family Court rulings must be in writing and must be presented in the Family Business Court session of the judge assigned to the case, as indicated in the Court's calendar, or, for urgent matters, to the assigned judge by appointment. A copy of the motion or petition, as well as notice of when and where it will be presented, must be provided to all parties at least two business days before presentation to the Court. Proof of service of the pleading and of that notice must be attached to the original.

Rule 36. Assigned Judge

   The assigned judge shall be the judge who:

   A.  Has been assigned a petition pursuant to Local Rule 206.4(c)B.5, a preliminary objection pursuant to Local Rule 1028(c) or a motion pursuant to Local Rules 208.3(a), 1034(a) or 1035.2(a).

   B.  Conducts a hearing prior to trial.

   C.  Has been assigned a case pursuant to Local Rules 27D, 212.2A or 212.2B.

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
   28 East Orange Street
   Lancaster, PA 17602
   Telephone: [phone]

Rule 1042.21. Medical Professional Liability Actions. Motion for Settlement Conference or Mediation

   A motion for mediation filed pursuant to Pa.R.C.P. No. 1042.21 shall propose a mediator and the conditions for the mediation. Any non-moving party shall have ten business days to file an objection and a praecipe to assign the motion for disposition. If the non-moving party's objection is to the proposed mediator or conditions for the mediation, that party shall propose an alternate mediator or alternate conditions for the mediation. If the non-moving party's objection is that there is no realistic possibility of settlement, that party shall state the basis for that belief. A proposed order shall be attached to any motion or objection.

   If an objection is filed, the assigned judge shall issue an order directing the moving party to place a telephone conference of all the parties and the judge or shall issue an order scheduling a chambers conference. If an agreement on a mediator or the conditions for the mediation cannot be reached during this conference or within the time granted by the Court and if the Court believes that there is a realistic possibility of settlement and that mediation should proceed, the judge shall appoint a mediator and resolve any other disputed conditions for the mediation.

   If no objection is filed, the moving party shall file a praecipe to assign the motion for disposition.

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.

LANCASTER BAR ASSOCIATION
LAWYER REFERRAL SERVICE
28 EAST ORANGE STREET
LANCASTER, PA 17602
[phone]
 

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:

                     ______
                     JUDGE

DATE: 

ATTEST:

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
28 East Orange Street
Lancaster, PA 17602
Telephone: [phone]

Criminal Rules of Procedure

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.

Rule 570. Pre-trial Conference

   A.  Scheduling of pre-trial conference

   1.  After the information is filed, the District Court Administrator shall schedule a pre-trial conference.

   The District Court Administrator shall provide notice of the pre-trial conference to counsel no later than seven days before the conference and shall provide notice to pro se defendants pursuant to Pa.R.Crim.P. 114.

   2.  A pre-trial conference for a homicide case shall be governed by Local Rule 570A.

B.  Appearances required

   The attorney for the Commonwealth and the attorney for the defendant or the pro se defendant shall appear at the pre-trial conference.

C.  Certification for trial

   A case may be certified ready for trial by the attorneys for the Commonwealth and the defendant (or the pro se defendant) at the pre-trial conference.

   When a case is certified ready for trial, it shall not be scheduled for any further pre-trial conferences.

D.  Continuance

   A continuance request made at the pre-trial conference must be in writing and shall state the position of the opposing attorney.

E.  Guilty plea

   1.  If the status of a case is a guilty plea, the guilty plea must be scheduled at the pre-trial conference.

   2.  A defendant may plead guilty at the pre-trial conference at the discretion of the Court.

F.  Status order

   The Court shall issue a status order at the pre-trial conference. Copies shall be provided to all parties and the District Court Administrator.

[Pa.B. Doc. No. 04-2226. Filed for public inspection December 17, 2004, 9:00 a.m.]