Elk Cnty. C.P. View All Local Rules 17

$10.00 for travel from one county to another within the judicial district. The chairperson of

the arbitration board shall be entitled to an additional $25.00 in compensation, or a total

of $150.00, plus $10.00 for travel from one county to another within the judicial district. In

cases requiring hearings of unusual complexity, the Court, upon petition of the appointed

arbitrators, may allow additional compensation. Upon petition of any party, the Court

may, for cause shown, disallow compensation to any or all of the appointed arbitrators.

The arbitrators’ compensation shall not be taxed as costs nor follow the award.

Rule L1910.4 Support. Commencement of Action

1. All claims for support must be initiated in the appropriate county Domestic Relations

Section of the Court of Common Pleas of the 59th Judicial District by filing a complaint for

support or a certified copy of the divorce complaint containing a count for support. An

application for child support services must also be completed and submitted to the

appropriate county Domestic Relations Section.

2. If an agreement regarding support is reached pursuant to a divorce, the support

agreement shall be specifically set forth apart from the remaining provisions of the

divorce agreement and shall be filed in the appropriate county Domestic Relations

Section.

3. Each complaint in divorce that contains a count for child support shall allow for a

separate domestic relations number to be assigned by the Domestic Relations Section.

4. Filing fees shall be determined by the Prothonotary.

Rule L1910.11 Support. Office Conference. Subsequent Proceedings. Order

1. In Cameron County, Pa.R.C.P. 1910.11 is hereby adopted.

Rule L1910.12 Support. Office Conference. Hearing. Record. Exceptions. Order

1. In Elk County, the Alternative Hearing Procedure, Pa.R.C.P. 1910.12, is hereby adopted.

Rule L1915.3 Custody and Visitation. Commencement of Action

1. All complaints for custody, partial custody and visitation are to be filed with the

appropriate county Prothonotary and shall be substantially in the form prescribed in

Pa.R.C.P. 1915.15 and 1915.16.

Rule L1915.4-3 Non-Record Proceedings. Trial

1. In Elk and Cameron Counties, Pa.R.C.P. 1915.4-3 is adopted.

2. In all claims for custody, partial custody and visitation, the custody conference officer

shall conduct a custody conference.

3. A conference fee of $100.00 shall be submitted at time of filing the custody complaint or

petition to modify custody unless the Court prior to the filing of a custody complaint or

petition to modify custody has granted plaintiff or petitioner in forma pauperis status. The

fee is payable to the custody conference officer. The custody conference officer may

petition the Court for additional fees in appropriate circumstances

4. If an agreement is reached at the custody conference, said agreement shall be noted by

the custody conference officer or reduced to a written proposal signed by both parties

and shall be submitted to the Court for an order.

5. If no agreement is reached at the conference, the custody conference officer shall make

a recommendation for an interim custody order to the Court. A custody pretrial

conference will be scheduled with the Court, following which, if necessary, a custody trial

will be scheduled.

6. Prior to the custody pre-trial conference, the parties shall complete and submit a pre-trial

statement to the Court and opposing party.

7. Prior to a custody trial, the parties shall complete and submit a parenting plan to the

Court and opposing party.

8. Unless specifically ordered by the Court, the minor children shall not appear at the

custody pre-trial conference or the custody trial.

Rule L1915.15 Complaint. Caption. Order

1. The complaint for custody, partial custody and visitation or a petition to modify custody

shall be in the form prescribed by Pa.R.C.P. 1915.15.

2. The order accompanying said complaint shall be in the form prescribed in Pa.R.C.P.

1915.16, except that the order in custody matters shall not require the children to appear

at the custody conference. The order shall direct the parties to appear for a conference at

the Domestic Relations Section, 2nd Floor, Elk County Courthouse Annex, 300

Center Street, Ridgway, PA (see L1915.15.). Service of the hearing notices is the

responsibility of the moving party.

3. The officer to be named in the order to appear from whom information concerning legal

help can be obtained is:

a. For matters filed in Elk County:

Elk Coun ty Prothonotary

Elk Coun ty Courthouse

Main Street

Ridgway, PA 15853

(814) 776-5344

b. For matters filed in Cameron County:

Cameron County Prothonotary

Cameron County Courthouse

20 E. Fifth Street

Emporium, PA 15834

(814) 486-3349

Rule L1915.15(a) Order and Notice. Form

IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH

JUDICIAL DISTRICT OF PENNSYLVANIA

_ _ * COUNTY BRANCH (ELK)(CAMERON)

Plaintiff *

*

vs. * CIVIL ACTION - CUSTODY

*

_ _ *

Defendant * NO.

ORDER AND NOTICE

You, _ , Defendant, have been sued in court to obtain or modify

custody, partial custody or visitation of the child(ren):

_ _ .

You are ordered to appear in person at the ___________________________________________,

____________________________________________________________________________on

_ at _ a.m./p.m. for

a conciliation or mediation conference

a pretrial conference

a hearing before the court.

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 you 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.

Prothonotary Prothonotary

Elk County Courthouse OR Cameron County Courthouse

Main St., Ridgway PA 15853 E. 4 th Street, Emporium, PA

15834 (814) 776-5344 (814) 486-3349

BY THE COURT:

DATE: _

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Co mmon Pleas of Elk / Cameron 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 our office. All arrangements must be made at least 72 hours prior to any hearing

or business before the court. You must attend the scheduled conference or hearing.

Rule L1920.3 Divorce. Commencement of Action

1. A complaint for divorce shall be filed with the appropriate county Prothonotary of the

Court of Common Pleas of the 59th Judicial District.

2. The officer to be named in the notice to defend from whom legal help can be obtained is:

a. For matters filed in Elk County:

Elk Coun ty Prothonotary

Elk Coun ty Courthouse

Main Street

Ridgway, PA 15853

(814) 776-5344

b. For matters filed in Cameron County:

Cameron County Prothonotary

Cameron County Courthouse

20 E. Fifth Street

Emporium, PA 15834

(814) 486-3349

3. The request for the entry of a decree in divorce which includes the approval or

incorporation of a settlement agreement shall be denied unless the claims addressed in

the settlement agreement, i.e., custody, support, alimony, alimony pendente lite, counsel

fees, expenses and costs, and equitable d istribution of property, h ave been raised of

record in accordance with 23 Pa.C.S.A. 3104.

Rule L1920.51 Appointment of Master

1. The Court shall, whenever necessary, appoint a permanent master who shall be an

attorney. The party requesting the appointment of a master shall file with the appropriate

county Prothonotary a motion for the appointment of a master in substantially the form

prescribed in Pa.R.C.P. 1920.74. The permanent master’s base fee for all claims related

to a divorce shall be $500. Said fee is payable to the permanent master and shall be

submitted with the motion for the appointment of a master at time of filing of the motion.

The permanent master may petition the Court for additional fees in appropriate

circumstances and the allocation of the permanent master’s fee may be determined in

the master’s report and recommendation.

2. All claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees and

costs must be raised of record before being referred to a permanent master for hearing.

3. The permanent master shall prepare a case management order and schedule the

master’s pre-hearing conference or hearing.

4. The permanent master shall conduct the conference/hearing in accordance with

Pa.R.C.P. 1920.55-2 and the established rules of law and evidence. The permanent

master shall have the general power of a court, including, but not limited to:

a. The power to issue subpoenas and the power to issue an attachment upon

allowance by the court for failure to comply therewith.

b. The power to administer oaths or affirmations to witnesses, to determine the

admissibility of evidence, to permit testimony to be offered by deposition, and to

decide the law and facts of the case submitted.

c. The power to compel the production of all books, paper, and documents which

shall be deemed material to the case.

5. The permanent master shall tape record the hearing for later transcription upon request

by any party. The party requesting the same shall pay the cost thereof.

6. Forms and procedures with respect to a claim for custody and/or visitation incident to a

divorce shall be as prescribed by Local Rule L1915.3, L1915.4-2 and L1915.15.

Rule L1920.53 Hearing by Master. Report

1. All actions requesting a divorce pursuant to 23 Pa.C.S.A. 3301(a) or an annulment

pursuant to 23 Pa.C.S.A. 3303 shall be referred to the permanent master upon the filing

of a motion for the appointment of a master substantially in the form prescribed by

Pa.R.C.P. 1920.74 with the appropriate county Prothonotary. The permanent master’s

fee shall be $500. Said fee is payable to the permanent master and shall be submitted

with the motion for the appointment of a master at time of filing. The permanent master

may petition the Court for additional fees in appropriate circumstances.

2. The permanent master shall give at least ten (10) days written notice of the time and

place of the hearing to both parties or their attorneys.

Rule L1920.55-2 Master’s Report. Notice. Exceptions. Final

Decree

1. In Elk and Cameron Counties, Pa.R.C.P. 1920.55-2 is hereby adopted.

Rule L4007 Requests For Transcripts

All requests for transcripts shall be submitted on a form provided by the District Court

Administrator that will include all elements required by the Court Administrator of Pennsylvania.

The form shall be made available on the Court’s website at www.co.pa.elk.us/judicial and at the

office of the District Court Administrator.

(1) The requesting party shall submit the original request form to the District Court

Administrator and shall serve copies of the request to:

a. The judge presiding over the matter;

b. The court reporter or court recorder

c. The opposing counsel or an opposing party if unrepresented.

(2) A party making a request for transcript shall make a partial payment of 95% of the

estimated cost. All checks shall be made payable to the County of Elk in Elk County

matters or the County of Cameron in Cameron County matters. Payment shall be

delivered to the office of the District Court Administrator, P.O. Box 416, Ridgway, PA

15853, regardless of the county of venue.

Rule L4008 Costs For Transcripts

(1) Costs paid by the requesting party, other than the Commonwealth of Pennsylvania or a

subdivision there, for a transcript in electronic format shall be as follows:

a. For an ordinary transcript, $2.50 per page

b. For an expedited transcript, $3.50 per page

c. For a daily transcript, $4.50 per page

d. For same day delivery, $6.50 per page

(2) Costs paid by the requesting party and any other party for a paper copy of the transcript

shall be $0.25 per page

(3) Where the Commonwealth or a subdivision thereof is liable for the cost in electronic

format:

a. For all transcripts, $2.00.

(4) The trial judge may impose a reasonable surcharge in cases such as professional

malpractice or other complex litigation.

(5) Transcript costs subject to waiver under Pa.R.J.A. 4008(B) shall be reviewed by the

District Court Administrator upon written application by the requesting party. Applications

are available from the office of the District Court Administrator.

(6) A request for a copy of any transcript previously filed of record shall be submitted to the

District Court Administrator and provided according to the following fee schedule:

a. For paper format, $0.75 per page

b. For electronic format, $0.50 per page

Custody of Exhibits

Rule 5102. General Provisions.

The court reporter or court recorder/monitor for all, or a portion, of a court proceeding shall

be designated as the ''Custodian,'' as defined by Pa.R.J.A. 5101(a)(2), for all documentary exhibits,

photographs, and photographs of non-documentary exhibits accepted or rejected during the court

proceeding.

(a) If only one custodian is involved with a proceeding, they shall file with the appropriate

records office (Prothonotary/Clerk of Courts or Orphan’s Court) all submitted exhibits and index of

exhibits within five (5) business days of the conclusion of the proceeding.

(b) The custodian or designee shall prepare the Index of Exhibits during the court

proceedings on a form supplied by Court Administration.

(1) If a designee is preparing the Index of Exhibits during a proceeding, the

custodian shall obtain the Index of Exhibits prepared during the court proceeding

from the designee and compare the exhibits in the possession of the custodian with

the Index of Exhibits before filings the exhibits in the records office.

(c) The proponent shall assure that document evidence is in a formant, including size and

material, that is compatible with being filed and easily stored by the records office. If, due to the

nature of the proceeding and the requirement that an oversized or undersized document exhibit be

entered into evidence that is not easily capable of storage by the records office, then the records

office may request that alternate measures be undertaken for storage of this document evidence,

including that the proponent retain custody in conformance with Rule 5103 for physical evidence.

(d) The proponent shall include a Confidential Information Form or Confidential Document

Form for any exhibit offered into evidence that contains confidential information or confidential

documents as defined in the Case Records Public Access Policy of the Unified Judicial System of

Pennsylvania. These forms shall be given by the proponent to the custodian at the time the

evidence is introduced.

(e) If multiple custodians are involved with a proceeding, the first custodian shall provide

the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and

index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate

records office all submitted exhibits and index of exhibits within five (5) business days of the

conclusion of the proceeding.

Rule 5103. Special Provisions.

(a) The proponent shall retain custody of physical evidence (including, but not limited to

weapons, cash, other items of value, drugs, or other dangerous materials) and bulky, oversized, or

otherwise physically impractical exhibits at all times during and after a court proceeding unless

otherwise directed by the Court.

(1) These non-documentary exhibits must be photographed by the proponent,

converted to a letter-sized document (8-1/2 x 11 inches), and appropriately marked

and produced during the court proceeding for inclusion in the documentary record.

Photographs must be color photographs unless otherwise directed by the Court.

(2) Unless otherwise provided by the presiding judge, at the conclusion of the court

proceeding, non-documentary evidence shall be returned to the proponent for

safekeeping as required by any applicable retention schedule, statute, rule,

regulation, or policy, or until further order of court.

(3) Unless otherwise ordered, the proponent or filing office shall maintain non-documentary exhibits for a minimum of following time periods:

(i) Non-criminal matters. Retain exhibits until the later of the expiration of

the appeal period or final disposition of the appeal if one is taken.

(ii) Criminal matters:

1. Homicides. Retain exhibits 75 years.

2. Summary cases. Retain exhibits 5 years.

3. Other cases. Retain exhibits 20 years.

(iii) The document retention provision set forth above shall apply to any

exhibits held currently by the custodian.

(iv) The custodian may submit a motion to the Court to address the

conversion or retention of previously entered exhibits that are currently

being held so long as any motion is served on the appropriate parties or

counsel to their last known address.

(b) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered

into the record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by

the court). If one party has multiple digital exhibits, they may be submitted together on one USB

flash drive.

(c) Any exhibit containing confidential information or equivalent to any of the categories

enumerated in the Case Records Public Access Policy of the Unified Judicial System of

Pennsylvania shall include a Confidential Document Form so that the document can be properly

sealed by the records office. These forms shall be given by the proponent to the custodian at the

time the evidence is introduced.

(d) Media depositions presented at trial shall remain in the proponent’s possession. The

proponent shall simultaneously submit a transcript of the deposition as an exhibit.

Rule 5104. Exclusion.

Record hearings that may be appealed de novo to a court of common pleas or upon which

exceptions or objections can be filed to a court of common pleas are excluded from the provisions

of these Rules.

MAGISTERIAL DISTRICT JUDGES

PCPMDJ Rule L112 Availability and Temporary Assignments of

Magisterial District Judges

1. The Court shall file an order of court establishing an annual on-call schedule for

magisterial district judges to be available at all times to handle matters requiring

immediate attention and possessory matters.

2. The on-call schedule may be amended upon cause shown by the assigned on-call

magisterial district judge and the agreement of another magisterial district judge within

the district to be the substitute on-call magisterial district judge.

3. The order of court establishing the annual on-call schedule and any subsequent orders

amending the annual on-call schedule shall be conspicuously posted in the offices of the

magisterial district courts within the judicial district and the Court Administrator shall

distribute copies to all law enforcement agencies and other agencies affected.