Chester Cnty. C.P. Court of Common Pleas Civil Rules Rule 206.4(c)

(a) The petitioner shall attach to any petition a proposed order substantially in the following form:

(b) In instances where the order seeks a stay order or other substantive relief or seeks to have a hearing date set immediately o r

otherwise requests special immediate relief, the form of the order shall be modified accordingly and the order shall contain such of

the following provisions as are appropriate:

Rule 206.4(c)(1). Per Curiam

The procedure of Pa.R.C.P. No. 206.6 is adopted. An order containing a rule to show cause, except one which by its terms

grants substantive relief or which contains a stay order or seeks to require an answer by respondent(s) in less than twenty (20) days,

shall be issued per curiam when presented to the court administrator.

Comment: Even if respondent does not deny any of the facts set forth in the petition, if respondent objects to the granting of the relief requested

either on the basis that the facts set forth in the petition, even if true, do not warrant the granting of the relief sought, or on any other basis, respondent

should file an answer specifically so stating.

Rule 206.4(c)(2). Stay or Substantive Relief

Any petitioner seeking a rule which stays proceedings or which by its terms grants substantive relief shall present the petition,

proposed order and rule to the judge assigned to the case, except for family court and orphans’ court matters which shall be presented

to a judge sitting in that division. The court will not enter the stay or grant the relief unless:

(1) Notice: it appears from the petition that reasonable notice, under the circumstances, has been given to all parties in interest of

the date, time, and place of the application; or

(2) Stipulation: it appears from the petition that there is an agreement by all parties in interest; or

(3) Exigency: the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate

relief.

Rule 206.4(c)(3). Admissions

All well-pled factual averments in a petition upon which a rule to show cause has been granted, or in preliminary objections

endorsed with a notice to plead and properly containing averments to fact, shall be deemed admitted unless an answer specifically

denying the same is filed on or before the close of court within twenty days after service of the petition upon the respondent(s), or

such shorter time as the court may have allowed, or, in the case of preliminary objections, on the date on which an answer to the

preliminary objections is due pursuant to the Pennsylvania Rules of Civil Procedure. The requirements of Pa.R.C.P. No. 1029 shall

apply to this provision.

Rule 206.4(c)(4). When No Answer Is Filed

If no answer has been timely filed, the petitioning party, not less than five (5) days after the rule return date, may move to

have the rule made absolute, granting the prayer of the petition, and the Court may consider such petition as unopposed and grant

such motion as of course. The motion shall be accompanied by a proposed order and a certificate of service but no brie f shall be

required. The provisions of Rule 206.1(c) shall not apply to motions to make a rule absolute filed pursuant to this section.

Comment: A party upon whom a petition is served has an obligation to answer the petition if the relief sought is opposed. See comment to

Rule 206.1(c) above. See C.C.R.C.P. 200.1 regarding emergency and injunctive matters. See 206.1(d) of this rule for treatment of preliminary

objections which raise questions of jurisdiction or venue and any other preliminary objections which deal with facts not otherwise of record; those

types of preliminary objections shall be handled under subsection 206.1(b), as though they were petitions, except that such preliminary objections

shall not be accompanied by a rule to show cause.

Rule 206.5. When Answer is Filed

When an answer has been timely filed and the issue raised by the petition, motion or preliminary objection is ripe for

consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form

described by C.C.R.C.P. No. 206.6 along with a supporting brief. If a petitioner files a praecipe for determination on petition and

answer, all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted. If a respondent

orders the matter for argument on petition and answer without having taken depositions or such other discovery as the court may

have allowed, then all averments of fact properly pleaded in the petition shall be deemed admitted for the purposes of the rule, unless

the petitioner shall have failed to take depositions or such other discovery as the court may have allowed within the time required,

in which event the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly

pleaded in the answer, shall be deemed admitted pursuant to Pa.R.C.P. No. 206.7(c). Responsive briefs shall

See Form B on Page 65

See Form C on Page 66

See Form D on Page 67

be filed within fifteen (15) days of the filing of the praecipe for determination. The assigned judge may, at his or her disc retion,

extend the time for filing briefs.