Cumberland Cnty. C.P. Local Rules of Court Rule 500

(a) The Prothonotary shall provide and maintain in the public room of their office a bulletin board

upon which notices, the posting of which is required by the Rules of Court, may be posted.

The Prothonotary may remove expired postings on a regular basis.

(b) The Prothonotary shall make all matters or documents required or authorized, except juvenile

cases and other non-public files, from August 2001 forward, available on the Prothonotary’s

website for public access. The Prothonotary shall provide access to the public to search these

records by docket number or by name of the plaintiff or defendant.

(c) The Prothonotary shall provide access to certain non-public files, specifically Cumberland

County family law actions from August 2001 forward, by use of a password login, to:

(1) Certain subscribing Pennsylvania licensed attorneys.

(2) Unrepresented litigants for their own cases only.

Note: For the purpose of internet access, non-public files shall include divorce, custody, and

protection from abuse cases filed after the effective date of this rule.

CHAPTER III. PLEADINGS

Rule 1018.1. Notice to Defend

As provided by Pennsylvania Rule of Civil Procedure No. 1018.1, the following office is designated to

be named in the Notice to Defend in order to find out where legal help can be obtained:

Cumberland County Bar Association’s Find a Lawyer

32 South Bedford Street

Carlisle, PA 17013

Phone: 717-249-3166 EXT. 105

Rule 1028(c). Preliminary Objections

All preliminary objections shall be filed with the Cumberland County Prothonotary’s Office. Thereafter,

the issues raised (unless specifically excluded by other rule, see C.C.R.P. 330, 1915.5, and 1920.12)

will be disposed of at regular sessions of argument court, which shall be scheduled as part of the

annual court calendar (See C.C.R.P. 5). All cases will be decided on written argument unless oral

argument is specifically requested. If granted, oral argument will be held off the record. The procedure

for disposition of matters by argument court shall be as follows:

(a) The objecting party shall file a brief with the Prothonotary simultaneously with the preliminary

objections. If the brief is not timely filed, the Court may deny the relief sought on that basis

alone. This brief shall:

(1) be limited to twenty (20) double-spaced pages (unless prior court approval has been

granted).

(2) contain a statement of facts, discussion of the issues, and reference to all authorities

relied upon.

(3) address all issues raised in the objections, or else they shall be deemed abandoned.

(4) note references to parts of the record appearing in a reproduced record shall be to the

pages and the lines in the reproduced record where said parts appear, e.g., “(r. pg. 30 l.

15),” and, if references are made in the brief to parts of the original record not reproduced,

the references shall be to the parts of the record involved, e.g., “(Answer p. 7),” “(Motion

for Summary Judgment p. 2).”

(b) The objecting party shall immediately serve a copy of the brief upon opposing counsel and any

unrepresented party and shall file an affidavit of service.

(c) Within thirty (30) days of the date of service of the objecting party’s brief, the responding party

shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this

rule.

(d) Except as provided in subsection (e), the preliminary objections will be automatically listed for

decision on the briefs only at the first argument session more than ninety (90) days following

filing of the preliminary objections.

(e) If either party wishes to request oral argument (for complex cases or novel legal issues), they

must file with the Prothonotary, and serve upon all parties, a motion containing the request within

sixty (60) days following the filing of the preliminary objections.

(f) The Prothonotary shall maintain the argument court list and the cases shall be set out in order of

their listing.

(g) One week prior to argument, the Court Administrator shall prepare the final list of cases to be

decided and post it to the Prothonotary’s Website.

(h) Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes unless

prior permission is granted to extend argument in a complex case.

(i) Briefs will be retained by the Prothonotary and will be on the record.

(j) If the preliminary objections resolve prior to the argument court date, a preacipe to withdraw the

listing shall be filed immediately.

In the interest of judicial economy, if a single case has objections listed for multiple argument court

dates, they shall be consolidated to the latest scheduled argument court session.

Rule 1034(a). Motions for Judgment on the Pleadings

Motions for judgment on the pleadings shall be filed with the Cumberland County

Prothonotary’s Office and disposed of in the same manner as preliminary objections in accordance

with C.C.R.P. 1028.

Rule 1035.2(a). Motions for Summary Judgment

All motions for summary judgment shall be filed with the Cumberland County Prothonotary’s Office

and disposed of in the same manner as preliminary objections in accordance with C.C.R.P. 1028.

CHAPTER IV. ARBITRATION

Rule 1301. Compulsory Arbitration

(a) All civil cases which are at issue in which the total amount in controversy is Fifty Thousand

Dollars ($50,000) or less, exclusive of interest and costs, except those cases involving title to

or possession of or occupancy of real estate, shall be submitted for hearing and award to three

members of the Bar to be designated as a Board of Arbitrators.

(b) All cases in trespass, otherwise meeting the requirements of (a), in which no appearance has

been entered for the defendant (including those cases in which a default judgment has been

entered against the defendant pursuant to Pa.R.C.P. 1037(a)), shall be submitted to a Board of

Arbitrators for hearing and award upon the question of damages, unless damages have been

assessed in accordance with Pa.R.C.P. 1037(b).

Rule 1302. Board of Arbitrators

(a) In all cases requiring compulsory arbitration in accordance with C.C.R.P. 1301, any party may

file a petition with the Prothonotary for the appointment of a Board of Arbitrators. The petition

shall set forth that the matter is at issue, the amount in controversy, the names of members of

the Bar of Cumberland County who are interested in the matter or otherwise disqualified to sit

as arbitrators, and a request for the appointment of a Board of Arbitrators.

(b) Upon receipt of the petition, the Prothonotary shall forward it to the Court Administrator for

assignment to a judge for review and appointment of the Board of Arbitrators.

(c) The Board of Arbitrators shall be appointed from the list of arbitrators. The first member

appointed shall act as Chairman and shall fix the time and place for hearing.

(d) In any case listed for trial before the court, if it shall come to the attention of the court that the

case qualifies for compulsory arbitration under C.C.R.P. 1301, the court may direct the plaintiff

to file a Petition for Appointment of a Board of Arbitrators.

(e) The compensation of the Chairmen and Board Members shall be set each year via the annual

Court Fee Schedule (See C.C.R.P. 6).

CHAPTER V. SUPPORT

Rule 1910.10. Hearing Procedure

The Court of Common Pleas of Cumberland County adopts the alternative hearing procedure set

forth in Pa.R.C.P. 1910.12.

Rule 1910.12. Conduct of Hearing and Exceptions

(a) Hearings shall be conducted by the Support Hearing Officer.

(b) The Support Hearing Officer shall engage the services of a Court Reporter or a Courtroom

Technician; however, the notes of testimony shall not be transcribed unless:

(1) required by the Support Hearing Officer to prepare the report and recommendation to

the Court,

(2) ordered by the Court, or

(3) requested by a litigant in accordance with Local Rule 4007.

(c) When exceptions are filed, the Domestic Relations Office shall immediately forward the cases

to the Court Administrator who shall assign them to judge. The assigned judge will set a

briefing and argument schedule.

CHAPTER VI. CUSTODY

Rule 1915.1. Applicability of Custody Rules

These rules shall govern all actions for custody, partial custody, and visitation, including original

actions to modify and for contempt. The rules shall be interpreted as supplementing the Rules of Civil

Procedure governing custody actions. Pa. R.C.P. 1915.1 et seq.

Rule 1915.3. Custody Complaint

(a) The original complaint shall be filed with the Prothonotary who shall forward the copy of the

complaint to the Court Administrator for assignment to a custody conference officer.

(b) If a custody claim is asserted in a divorce complaint, and either party desires a hearing on the

custody issue, a copy of the divorce complaint, together with a simple motion for hearing, shall

be filed with the Prothonotary who shall forward the copy of the complaint to the Court

Administrator for assignment to a custody conference officer.

Rule 1915.4. Custody Conciliation Conference

(a) The conciliation before the custody conference officer shall not be more than forty-five (45) days

from the date of assignment by the Court Administrator. The custody conference officer may

reschedule the conference at the request of either party. The rescheduled date shall not be more

than seventy-five (75) days from the date of assignment by the Court Administrator. If the

conciliation conference is rescheduled, a new order shall be issued setting the time, date, and

place for the conference and shall be docketed with the Prothonotary.

(b) If the responding party intends to file counterclaims or crossclaims, they shall be filed prior to the

conciliation conference, where possible.

(c) If a question of jurisdiction or venue is raised prior to the conciliation conference, such objections

shall be referred by the custody conference officer to the court for disposition before holding the

conciliation. No other pleading need be filed to a claim for custody or visitation.

(d) To facilitate the conciliation process and encourage frank, open and meaningful exchanges

between the parties and their respective counsel, statements made by the parties, or their

witnesses, shall not be admissible as evidence in future custody proceedings. The custody

conference officer shall not be a witness for or against any party, neither shall the conciliator

permit the recording in any way of the proceeding.

(e) At the conclusion of the conference the custody conference officer shall prepare a Conference

Summary Report. This report shall contain facts gathered by the conciliator during the

conference.

(f) Within seven (7) days following a conciliation conference, the custody conference officer will

submit their Conference Summary Report and proposed order(s) to the Court Administrator’s

Office for assignment to a judge:

(1) SETTLED CASE: If the parties reach an agreement, the custody conference officer shall

draft a proposed order in conformance with the agreement of the parties. The custody

conference officer shall thereafter submit the proposed order with their Conference

Summary Report to the Court Administrator who shall transmit the order to the assigned

judge for disposition and filing.

(2) CONTESTED CASE: Should the parties fail to reach an agreement prior to the

conclusion of the conciliation conference, the custody conference officer shall submit their

Conference Summary Report and any proposed recommended order to the Court

Administrator who shall transmit the order to the assigned judge for disposition and filing.

The proposed recommended order may contain a requirement that the parties file a

pretrial memorandum with the judge to whom the matter has been assigned.

GAL APPOINTMENT: If the parties agree to the appointment of a guardian ad litem (GAL) or the

custody conference officer recommends appointment of a GAL, the custody conference officer shall

include a proposed GAL appointment order with the Conference Summary Report. If either party

requests that the county pay the GAL’s fees, the conference officer shall colloquy the parties on their

ability to pay and make a recommendation regarding payment of the GAL’s fees.

Rule 1915.4-3. Custody Conference Officers

(a) The court shall appoint a member(s) of the Bar or other appropriate person, as an official of the

court, to:

(1) Conciliate custody cases filed with the court;

(2) Recommend to the court that interim or temporary orders be entered in appropriate

custody cases;

(3) Recommend appointment of counsel for the child;

(4) Recommend the utilization of home studies and expert witnesses.

(b) The compensation for a custody conference officer shall be set each year via the annual Court

Fee Schedule (See C.C.R.P. 6).

(c) All petitions for contempt or modification shall be filed in the same manner as original

complaints in Rule 1915.3-1 and the Court Administrator shall refer same to the custody

conference officer for review.

Rule 1915.13. Emergency and Special Relief

(a) Definitions.

(1) Petitions for Special Relief shall be filed to address a specific circumstance that does not

necessitate the modification of an existing Custody Order and does not involve a violation

of the existing Custody Order.

(2) Petitions for Contempt shall be filed to address past or ongoing violations of an existing

Custody Order.

(3) Emergency Petitions for Custody shall be filed when there is an immediate threat to the

health, safety, or welfare of the child.

(b) Procedure.

(1) Petitions for Special Relief and for Contempt will follow the same procedure as a Custody

Complaint as laid out in C.C.R.P. 1915.3.

(2) Emergency Petitions for Custody will promptly be personally delivered to a judge by Court

Administration for review and action.

Rule 1915.11. Parenting Coordination

(a) The Court Administrator shall maintain a current roster of qualified individuals willing to serve

as parenting coordinators upon court appointment pursuant to Pa.R.C.P. 1915.11-1.

(b) The parenting coordinator shall attempt to resolve issues arising out of the custody order by

facilitating an agreement between the parents and, if unable to reach an agreement, where

necessary recommend a resolution to the court.

(c) For simplification purposes, the general term “parent” is used to describe any party to a

custody case, which includes the universe of people who act in a parental capacity in a

custody proceeding.

(d) Appointment of a Parenting Coordinator.

(1) If the parents cannot agree on a parenting coordinator, the court may select one, upon a

motion to designate, wherein the requesting parent will identify their choice(s) of

parenting coordinator along with hourly rates and allocation of fees.

(2) The non-requesting parent will be noticed to respond to the request with their choice(s)

and required information. Thereafter, the court may designate a parenting coordinator

without a hearing.

(e) Scope of Authority of the Parenting Coordinator.

(1) Unless the parents’ consent in writing, the parenting coordinator shall not contact

collateral sources or speak with the child(ren) and to effectuate this provision, the

parents shall execute releases, as necessary, authorizing the parenting coordinator to

communicate with the appropriate individuals.

(2) Any communication with the collateral sources or child(ren) shall be limited to the

issue(s) currently before the parenting coordinator.

(f) Fees.

(1) The compensation for a parenting coordinator shall be set each year via the annual

Court Fee Schedule (See C.C.R.P. 6).

(2) Waiver of fees or reduced fees. Upon written request of a parent, which may be filed

using the Unified Judicial System of Pennsylvania form designated a Motion to Proceed

In Forma Pauperis, CPCMS 2046, the court shall engage in a need-based assessment

of a parent’s ability to pay, so that indigent or low-income parents may participate in the

parenting coordination program at a reduced fee or, as appropriate, no fee.

Rule 1915.13. School Determination Court

(a) When, following conciliation, the parties are unable to agree where a child will attend school,

the assigned judge will attempt to schedule a full hearing prior to the start of the relevant

school year.

(b) If a date for a full hearing is unavailable, the assigned judge will schedule the matter for school

determination court.

(1) School determination court shall be scheduled as part of the annual court calendar (See

C.C.R.P. 5).

(2) Each party shall have 10 minutes to present evidence and argument why their preferred

school should be selected.

(3) Following the abbreviated proceeding, the presiding judge shall enter an interim school

determination order pending a full hearing before the assigned judge.

Rule 1915.5. Preliminary Objections in Custody

Preliminary objections in custody are excluded from the procedure found in C.C.R.P. 1028 and shall

be handled by the assigned judge.

CHAPTER VII. DIVORCE

Rule 1920.12. Preliminary Objections in Divorce

Preliminary objections in divorce matters are excluded from the procedure found in C.C.R.P. 1028

and shall be handled by the assigned judge.

Rule 1920.42. Praecipes to Transmit Record

All Praecipes to Transmit Record filed pursuant to Rule 1920.42 shall include a proposed order or

decree.

Rule 1920.51-1. Appointment of Divorce Hearing Officer for Discovery

(a) All divorce discovery disputes prior to the entry of a final divorce decree shall be assigned to the

Divorce Hearing Officer.

(1) If the Hearing Officer has not previously been appointed, the Court will issue an

appointment Order upon receipt of the initial discovery motion.

(2) If the Hearing Officer has already been appointed, any subsequent divorce discovery

motion will be routed to the Hearing Officer for review and disposition.

(3) Within 10 days following receipt of the appointment order or subsequent discovery

motion, the Hearing Officer will schedule a settlement conference and argument with

counsel (and the parties if one or more are unrepresented).

(b) Settlement Conference and Argument.

(1) If an agreement is reached (on discovery or global resolution), the Hearing Officer will file

a Memorandum outlining the agreement. This Memorandum will be assigned to a judge

for entry as an Order of Court.

(2) If no agreement can be reached, the Hearing Officer will hear argument and file and serve

a Report and Recommendation outlining the required exchange of discovery, as well as

an apportionment of the fees for appointment, if appropriate.

(3) The Report and Recommendation will be assigned to a judge for entry of an Order of

Court

(c) Contempt.

(1) If either party fails to abide by a Memorandum or Report and Recommendation, the

aggrieved party may file the appropriate contempt motion which will be routed to the

Hearing Officer for review and disposition under the same procedures outlined above.

(2) The Divorce Hearing Officer is authorized to recommend contempt sanctions, including,

but not limited to: apportionment of the appointment fees, preclusion of evidence at future

hearings, and awarding of counsel fees.

Rule 1920.51-2. Appointment of Divorce Hearing Officer for Ancillary Claims

(a) Once discovery is substantially complete and all prerequisites have been established, either

party may request the appointment of the Divorce Hearing Officer for the purposes of resolving

alimony, equitable division of marital property, counsel fees, and costs and expenses.

“Substantially complete,” as used here, means that both parties have all documents and other

information necessary to proceed to trial, except for recent pay statements, updated account

statements, and proof of change of circumstances that may be provided before the hearing. The

party requesting the appointment shall pay to the Prothonotary an initial administrative fee as

listed on the Prothonotary’s Fee Schedule, although this fee may be reapportioned between the

parties by the Hearing Officer or waived following a motion to the Court demonstrating good

cause.

(b) Appointment.

(1) The party seeking appointment shall use the form and proposed order for Motion to

Appoint the Divorce Hearing Officer for Ancillary Claims prescribed by the Court and

available on the Court Website.

(2) The completed motion and proposed order shall be filed with the Prothonotary and served

upon the other party.

(3) If all prerequisites are met, the Court will enter an order appointing the Hearing Officer

and directing the filing of initial pre-trial statements.

(c) Preliminary Conference.

(1) Within 10 days following receipt of the appointment order, the Hearing Officer will

schedule a pre-hearing conference with counsel (and the parties if one or more are

unrepresented).

(2) At this conference, the Divorce Hearing Officer will address all outstanding pre-trial

matters.

(3) If an agreement is reached or there are action steps required by either party prior to the

next proceeding, the Hearing Officer will file a Memorandum outlining the agreement

and/or next steps. This Memorandum will be assigned to a judge for entry of an Order of

Court.

(d) Settlement Conference.

(1) If no agreement is reached at the Preliminary Conference, the Hearing Officer will

schedule a Settlement Conference with the parties and counsel.

(2) If an agreement is reached or there are action steps required by either party prior to the

next proceeding, the Hearing Officer will file a Memorandum outlining the agreement

and/or next steps, including scheduling additional settlement conferences if needed. This

Memorandum will be assigned to a judge for entry of an Order of Court.

(e) Hearing.

(1) If no agreement can be reached, the Divorce Hearing Officer will promptly schedule

hearings as necessary and set deadlines for updated, comprehensive pre-trial statements

and exchange of exhibits, if needed. Proof of hearing notice (as well as proof of notice of

any continued or additional hearing dates) shall be filed of record.

(2) Following the hearing(s), the Divorce Hearing Officer will file and serve a Final Report and

Recommendation addressing all outstanding economic claims, as well as an

apportionment of the fees for appointment if appropriate.

(3) The appointment of the Divorce Hearing Officer will terminate automatically following the

filing of the Final Report and Recommendation.

(f) Exceptions.

(1) Exceptions to a Report and Recommendation will follow the procedures outlined in Pa.

R.C.P. 1920.55-2.

(2) If exceptions are filed, the Prothonotary shall promptly forward the cases to the Court

Administrator who shall assign them to a judge of the Court of Common Pleas.

(3) If no timely exceptions are filed, the Report and Recommendation will be assigned to a

judge for entry as an Order of Court.

(g) Contempt.

(1) If, at any point, either party fails to comply with written directives of the Hearing Officer,

the Hearing Officer may continue the matter or recommend contempt sanctions, including,

but not limited to: apportionment of the appointment fees, preclusion of evidence at future

hearings, and awarding of counsel fees.

(2) The recommendation for sanctions may be made at the conclusion of the action or on an

interim basis if the failure to comply is resulting in unjustifiable delay, prejudice to the

other party, or both.

(h) Vacating the Hearing Officer.

(1) If the parties withdraw or settle all claims pending before the Hearing Officer, a Motion to

Vacate Hearing Officer shall be filed prior to entry of the final divorce decree.

(2) The Motion shall include the position of the opposing party, allegations or attachments

demonstrating that all matters pending before the Hearing Officer have been resolved,

and a proposed order vacating the Hearing Officer.

CHAPTER VIII. DEPOSITIONS AND DISCOVERY

Rule 4001. Discovery Motions

All motions and petitions regarding discovery in civil cases, including, but not limited to, motions to

compel, for protective orders and for sanctions, shall be filed, with the Prothonotary who will transmit

the motion/petition to the Court Administrator for assignment to a judge or Discovery Hearing Officer.

Any answer or response to an order or rule shall be filed and assigned in the same manner.

Rule 4005. Number of Interrogatories, Requests for the Production of Documents, and Request

for Admissions

(a) Interrogatories, requests for the production of documents, and/or requests for admissions to a

party as a matter of right, shall not exceed forty (40) in number for each type.

(b) Interrogatories, requests for the production of documents, and/or requests for admissions

inquiring as to the names and locations of witnesses, or the existence, location and custodian

of documents or physical evidence each shall be construed as one (1) interrogatory, request

for the production of documents, and request for admission. All other interrogatories, requests

for the production of documents, and/or requests for admissions, including subdivisions or one

numbered interrogatory, request for the production of documents, and/or request for

admissions, shall be construed as separate interrogatories, requests for the production of

documents, and/or requests for admissions.

(c) If counsel for a party believes that more than forty (40) interrogatories, requests for the

production of documents, and/or requests for admissions are necessary, they shall consult

with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable

number of additional interrogatories, requests for the production of documents, and/or requests

for admissions. Counsel are expected to comply with this requirement in good faith. In the

event a written stipulation cannot be agreed upon, the party seeking to submit additional

interrogatories, requests for the production of documents, and/or requests for admissions shall

file a motion with the court showing the necessity for relief.

CHAPTER IX. PROTECTION FROM ABUSE

Rule 6113.1. Private Criminal Complaints

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.

Rule 6113(c). Procedure Following Arrest for Violation of Protection From Abuse Order

Upon arrest for indirect criminal contempt of a Protection from Abuse order, the Court of Common

Pleas shall be presumed unavailable, and the defendant shall be taken into custody and transported by

the arresting officer to the Cumberland County Prison Booking Center for processing. The arraignment

and setting of bail will thereafter be handled by the magisterial district judge in whose district the

violation occurred, or another assigned magisterial district judge.

Rule 6114(c). Notification Upon Release

(a) 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 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.

(b) The plaintiff must keep the Warden of the Cumberland County Prison advised of contact

information; failure to do so will constitute waiver of any right to notification under this section.

ORPHANS’ COURT

CHAPTER I. PRELIMINARY RULES