Cumberland Cnty. C.P. Updated text for changed rules Rule 208.3

All motions shall be filed with the Prothonotary who shall forward them to the Court

Administrator for assignment to a judge for disposition.

(a) All motions submitted to the Court shall:

(1) prominently indicate the individual attorney responsible for the matter and

their email address, or attorney is not the one who personally submits the

papers, the names and email address of both attorneys shall be clearly

indicated;

(2) state whether a judge has ruled upon any other issue in the same or

related matter, and, if so, shall specify the judge and the issue; and

(3) include a brief statement of the applicable authority.

(b) A proposed order or decree shall be affixed to the front of each motion submitted

to the Court.

(c) Where notice of the entry of any order is required under Pa.R.C.P. 236, the filing

party shall include in the proposed order the names of the persons and/or

attorneys who are required to be notified and to provide stamped envelopes

addressed to the said persons and/or attorneys.

(d) Except as provided in C.C.R.P. 1028, 1034, and 1035.2, no motion shall be

placed on an argument court list unless directed by the assigned judge.

(e) Prior to filing any motion, the filing party shall seek concurrence of any other

party and any guardian ad litem, except that this requirement shall not apply to

preliminary objections, motions for judgment on the pleadings, motions for

summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Efforts to seek concurrence shall be made in a manner that is

reasonably expected to give the other party(s) an opportunity to respond.

(1) If a response is received, the filed document shall note the position of

each opposing party.

(2) If no response is received, the filed document shall note the manner and

timing of each attempt to seek concurrence.

(3) If no response is received or there is opposition to the requested relief, the

filing party shall include a proposed order, as prescribed by the Court and

available on the Court Website, directing each opposing party to file a

written response.

(f) The judge to whom a motion has been assigned shall, thereafter, by order,

schedule such hearing, briefing, and/or argument as shall be deemed necessary.

(g) If a party who is represented by counsel of record attempts to file a motion,

petition, answer, or similar item on their own, the item may be stricken from the

record and instead forwarded to the counsel of record for such action as they

deem appropriate on behalf of the client.

Rule 212.1-1. Case Management

A civil judge will hold civil status conferences in alternating months on a date which will

be scheduled by Court Administrator on the yearly court calendar (See C.C.R.P. 5).

(a) The purpose of the status conferences will be to ensure cases progress in a

timely manner.

(b) Cases will be automatically scheduled for a civil status conference in the

following instances:

(1) One year following the filing of an answer, every civil case will be

scheduled for a civil status conference.

(2) Any case where an Intent to Proceed is filed in response to a two-year

purge notice shall be scheduled for the next available civil status

conference date.

(c) A case will be removed from the civil status conference list if a:

(1) Preacipe to Discontinue the Action is filed,

(2) A subsequent comprehensive case management order is filed, or

(3) Motion to Continue or Specially Set a status conference is granted.

(d) Cases will be handled in the order that they were listed.

(e) All parties should be prepared to address:

(1) outstanding discovery,

(2) expert reports,

(3) dispositive Motions,

(4) trial timing, and

(5) any other relevant matter relating to the issuance of a comprehensive

case management order.

(f) Following the status conference, the Court will issue a case management order.

(g) If all parties fail to appear for the status conference, the Court will issue a case

management order as deemed appropriate.

CHAPTER III. PLEADINGS

Rule 1028. 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.

(k) 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.

CHAPTER VI. CUSTODY

Rule 1915.3-1. 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 1915.3-3. 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

court. 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.

(3) 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. 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. 1915.3-1.

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

judge by Court Administration for review and action.

CHAPTER VII. DIVORCE

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.

CRIMINAL