Pike Cnty. C.P. Local Rules Local Rule 400.1

1. In Pike County, Pennsylvania, original process shall be served:

a. by the Sheriff or a competent adult in the actions in equity, partition, prevent waste,

and declaratory judgment, when declaratory relief is the only relief sought, and

b. by the Sheriff in all other actions.

Local Rule 1028 (c) --- Preliminary Objections

1. All Preliminary Objections shall be filed in the Pike County Prothonotary’s

Office. The Prothonotary shall schedule Oral Argument for the next available Argument Day

and notify all parties. The moving party shall file a brief simultaneous to the Preliminary

Objections. The response brief must be filed twenty (20) days thereafter. In the event that an

Amended Complaint is filed prior to Argument, the Argument will be stricken from the list.

2. The Court will consider decision on the briefs if all counsel consent to waive oral argument in

writing and submit such request to the Court Administrator the Thursday prior to Argument

Day. This shall not delay the filing of briefs. The Court may require oral argument in the case

even if counsels agree to waive argument.

Local Rule 1034 (a) --- Motion for Judgment on the Pleadings

1. All Motions for Judgment on the Pleadings shall be filed in the Pike County Prothonotary’s

Office. The Prothonotary shall schedule Oral Argument for the next available Argument Day

and notify all parties. The moving party shall file a brief simultaneous to the Motion. The

response brief must be filed twenty (20) days thereafter.

2. The Court will consider decision on the briefs if all counsel consent to waive oral argument in

writing and submit such request to the Court Administrator the Thursday prior to Argument

Day. This shall not delay the filing of briefs. The Court may require oral argument in the case

even if counsels agree to waive argument.

Local Rule 1035.2 (a) --- Motion for Summary Judgment

1. All Motions for Summary Judgment shall be filed in the Pike County Prothonotary’s Office.

The Prothonotary shall schedule Oral Argument for the next available Argument Day and

notify all parties. The moving party shall file a brief simultaneous to the Motion. The response

brief must be filed thirty (30) days thereafter.

2. The Court will consider decision on the briefs if all counsel consent to waive oral argument in

writing and submit such request to the Court Administrator the Thursday prior to Argument

Day. This shall not delay the filing of briefs. The Court may require oral argument in the case

even if counsels agree to waive argument.

Local Rule 1301.1 ---Compulsory Arbitration. Cases for Submission

Compulsory arbitration of matters as authorized by Section 7361 of the Judicial Code, 42

Pa.C.S. § 101, et seq. shall apply to all cases at issue where the amount in controversy shall be

Forty-Thousand Dollars ($40,000) or less. The amount in controversy shall be determined

from the pleadings or by an agreement of reference filed by the attorneys. The amount in

controversy, when determined from the pleadings, shall be the largest amount claimed by any

one party. In the event that a case within arbitration limits is consolidated with a case

involving more than arbitration limits after the former has been referred to a board of

arbitrators, the order of consolidation will remove the same from jurisdiction of the board of

arbitrators.

Local Rule 1915 --- Custody, Partial Custody and Visitation

A. Claims for Custody: Whenever a Divorce Complaint containing a count for custody, a

Custody Complaint or a Petition for Modification is filed, it shall contain a Cover Sheet,

essentially in the attached format. The Prothonotary shall submit the Cover Sheet to the Court

Administrator. Pursuant to the provisions of 23 Pa.C.S.A. §3902(a), an additional twenty

dollar ($20) filing fee is hereby imposed on Custody Complaints and Divorce Complaints

containing a count for custody. After the filing of any of the above pleadings, each of the

parties shall be ordered to attend the “Kids First” Program, or other similar program approved

by the Court, cost to be borne by the parties. Failure by a party to comply with an Order of

Court directing attendance at one of the programs, as set forth above, will result in the

initiation of contempt proceedings against said party.

B. Upon the filing of a Divorce Complaint containing a count for custody, a Custody Complaint,

or a Petition for Modification of Custody, the parties shall be Ordered to attend an orientation

session relative to resolving the dispute through a mediation process, pursuant to the

provisions of Pa.R.C.P. §1940.3 and 23 Pa.C.S.A. § 3901(b). No orientation session shall

take place if a party or a child of either party is or has been the subject of domestic violence or

child abuse either during the pendency of the action or within twenty-four (24) months

preceding the filing of the action, pursuant to Pa.R.C.P. §1940.3(b), which shall be

determined by the domestic violence answers on the Cover Sheet.

C. For internal control and monitoring, all motions and petitions in custody actions shall be filed

with the Prothonotary, for submission to the Court Administrator. Motions requiring

immediate action shall be brought directly to the Court Administrator.

D. Mediator shall encourage and supervise the formulation of settlement agreements between

the parties. In the event the parties agree to mediation, each party shall bear the cost equally,

in accordance with procedures established by the Court. The mediation shall be conducted in

accordance with the provisions of Pa.R.C.P. §1940.1-1940.8.

E. In the event the parties reach an agreement, the Mediator shall, within fourteen (14) days,

prepare a Memorandum of Understanding(MOU), pursuant to the provisions of Pa.R.C.P.

§1940(b). The Mediator shall then provide the parties, and/or their attorneys, the opportunity

to meet with the Mediator to finalize the terms of the Memorandum of Understanding. In the

event the parties, and/or their attorneys, agree that the MOU can be submitted to the Court,

the Mediator will do so and an Order approving the MOU will be entered. In the event the

parties, and/or their attorneys, desire to prepare a more formal Settlement Agreement, it must

be submitted to the Mediator, signed by each of the parties, within fourteen (14) days of the

final mediation session with the parties, and/or their attorney. The Mediator shall then submit

the Settlement Agreement to the Court with a recommendation. If a Settlement Agreement is

not submitted within fourteen (14) days as aforesaid, and neither of the parties, and/or their

attorneys, have objected to the terms of the MOU, said MOU will be submitted by the

Mediator to the Court, with a recommendation that it be approved and made an Order of the

Court.

In the event the parties, and/or their attorneys, before holding the final mediation session as

set forth above, either submit a signed Settlement Agreement, or agree to the terms of the

MOU, and agree that it can be submitted to the Court for approval, then the Mediator shall

determine whether or not a final mediation session need be held.

F. In the event no agreement is reached at the mediation, the Court shall appoint a Hearing

Officer to conduct a hearing, which shall be recorded. The Hearing Officer shall file a Report

and Recommendation and proposed Order with fifteen (15) days upon which the trial is

concluded, unless extended by Court Order, for good cause shown. The Hearing Officer shall

send a copy of the Report and Recommendation and proposed Order to each party or their

counsel. If no Exceptions are filed within twenty (20) days of the filing of the report, the

Prothonotary shall transmit the file for Court approval.

G. Exceptions to the Hearing Officer’s Report and Recommendation, and proposed Order, shall

be in writing, and shall be filed with the Prothonotary, within twenty (20) days of the date of

the Hearing Officer’s Report. Upon the filing of Exceptions, the Prothonotary shall schedule

the matter for argument on the next available argument date. A copy of the Exceptions shall

be delivered to the Hearing Officer, and opposing counsel. All costs associated with the filing

of Exceptions, including transcription costs, shall be borne by the party filing same.

H. Upon certification from the Hearing Officer that the matter relates to Primary Custody and is

outside the Hearing Officer’s authority, pursuant to Pennsylvania Rule of Civil Procedure

1915.4-1A, a status conference in preparation for a De Novo Custody Trial, shall be

scheduled before the Trial Judge within sixty (60) days of the receipt of the Hearing Officer’s

Report and Recommendation.

A Status Conference/Pre-Trial Memo, in the attached format, shall be submitted by each

party to the Trial Judge, and opposing counsel, at least five (5) days prior to a scheduled

status conference. The Status Conference Memo shall be for the exclusive use of the Trial

Judge, and shall not be made part of the record.

PRIMARY CUSTODY PROCEEDINGS

CONFERENCE/PRE-TRIAL MEMO

CASE NAME: ____________________________ vs. __________________________________

DOCKET #: ____________________________

Attorney: ____________________________ Representing: _______________________

Phone#: ____________________________

Status conference/ Pre-Trial Memos are to be served on the Court Administrator, 410 Broad Street, Milford,

Pennsylvania 18337, and on opposing Counsel, at least five (5) days prior to the Status Conference. This

memo is for the use of the Trial Judge only, and will not be made part of the record. Please check off all of

the following that apply to your case and answer all questions completely.

Names of Children & Ages: _______________________________________________________

When is(are) child(ren) with Mom?__________________________________________________

When is (are) child(ren) with Dad? __________________________________________________

What is the current visitation schedule? _______________________________________________

______________________________________________________________________________

How long do you anticipate this hearing to take? _______________________________________

Have evaluations been ordered? _______________ Completed? __________________________

Are you prepared to go to hearing now? ______________________________________________

Check off all of the following that are an issue in this custody action:

 Holidays  Vacations

 Parenting Skills of Opposing Party  Mental Stability

 Home Suitability (i.e. - Furnishing; Cleanliness)  Presence of Other Adults or

Children in the Home

 Physical Abuse  Drug Abuse  Alcohol Abuse

 Transportation  Relocation  Grandparent Visitation

 Other Issues

Status of Collateral issues pending before this Court (give docket number & where it stands):

Divorce: ______________________________________________________________________

Support: ______________________________________________________________________

Partition of Property: ____________________________________________________________

PFA Actions: __________________________________________________________________

List Witnesses you wish to call –

Partial (related by blood or marriage):

_____________________________________________________________________________

Impartial (teachers, neighbors, etc.):

_____________________________________________________________________________

YOU MAY ATTACH ADDITIONAL SHEETS IF NECESSARY!

IN THE COURT OF COMMON PLEAS OF PIKE COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

_______________________________ : Docket No. ______________

:  Custody Complaint }

v. :  Modification of Custody }check one

_______________________________ :  Divorce Complaint }

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

COVER SHEET

(To be attached to pleading - Fill out COMPLETELY including docket number!)

1. PLAINTIFF DEFENDANT

Name:__________________________________ Name:______________________________

Address:________________________________ Address:____________________________

_______________________________________ ___________________________________

Phone: _________________________________ Phone: _____________________________

Attorney: _______________________________ Attorney: ___________________________

2. Names and ages of all children involved; state with whom living:

____________________________________ ____________________________________

____________________________________ ____________________________________

____________________________________ ____________________________________

3. Have you attended Kids First Class: Plaintiff ________ Defendant ________

4. (A) Status of current custody orders or custody arrangements:

_________________________________________________________________________________

_________________________________________________________________________________

________________________________________________________________________

(B) If a count for custody has been filed in a divorce complaint, is custody disputed?

Yes No

5. Has there been any domestic violence between you and the other parent within the past

twenty-four (24) months?  Yes  No Explain Briefly:_____________________________

_________________________________________________________________________________

6. Have any of the children involved in this case been the subject of child abuse within the past

twenty-four (24) months?  Yes  No Explain Briefly: _____________________________

_________________________________________________________________________________

_________________________________________________________________________________

7. Have there been any Protection from Abuse Orders involving you and the other parent and/or

children within the past twenty-four (24) months:  Yes  No Explain Briefly:

______________________________________________________________________________

______________________________________________________________________________

Submitted by:

Date Signed: ________________ __________________________________________

Counsel for:

O__________M __________C/H __________MOU __________FO __________W/D________

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