Tioga Cnty. C.P. Civil Rules of Court Rule TC 216

All requests for the continuance or any hearing scheduled by the Court shall be

filed in writing unless waived by the Court.

RULES GOVERNING DISTRICT JUSTICES

Rule TC - 1005. Service of Notice of Appeal.

In lieu of service or proof of service by personal service or certified or registered

mail, an appellant may file with the notice of appeal a stamped envelope self-addressed to

the appellee at the address listed on the complaint form filed in the office of the district

justice, or the attorney of record if there is one, AND a stamped envelope pre-addressed

to the district justice in whose office the judgment was rendered. Copies of the notice of

appeal and rule, if applicable, shall thereupon be mailed by the Prothonotary by first class

mail, with such service and any return being noted on the docket.

ACTIONS AT LAW

Rule TC - 1018.1. Notice to Defend.

The agency to be named in all Notices to Defend from whom legal help may be

obtained shall be:

North Penn Legal Services

1-800-326-7436

Rule TC - 1028(c). Preliminary Objections.

All preliminary objections shall be filed with the Prothonotary and shall include a

proposed scheduling order. Preliminary objections should not be filed with the Court

Administrator. Courtesy copies for the court are not required. Preliminary objections

should not be filed in duplicate or by facsimile transmission. The court will take no

action until the preliminary objections have been filed of record. No response is required

to any preliminary objection unless required by Pa.R.C.P. or unless required by the Court

in the scheduling order.

Argument will be scheduled for a time and date certain. The moving party shall

notify opposing counsel and any unrepresented parties of the date, time and place for

argument. The court, in its discretion, may decide the matter at argument or take the

matter under advisement.

All preliminary objections shall be supported by a statement of authority citing a

statute, rule of court, or case law in support of the requested relief. The statement may be

in the form of a brief filed contemporaneously with the preliminary objections or, if the

preliminary objections do not raise complex legal or factual issued, in the body of the

preliminary objections.

The court, in its discretion, may hear any argument by telephone or

videoconference hookup, provided counsel has made a prompt request to participate

electronically in writing to the Court Administrator. The party requesting the opportunity

to participate electronically shall bear the cost thereof, unless the court provides

otherwise.

Rule TC - 1034(a). Motion for Judgment on Pleadings.

A motion for judgment on pleadings and a brief in support thereof shall be filed

with the Prothonotary and shall include a proposed scheduling order. A motion for

judgment on the pleadings should not be filed with the Court Administrator. Courtesy

copies for the court are not required. A motion for judgment on the pleadings should not

be filed in duplicate or by facsimile transmission. The court will take no action until the

motion has been filed of record. The opposing party shall file an answer and reply brief

to the motion within thirty (30) days after service of the motion, unless the time for filing

the response is modified by the court order.

Argument will be scheduled for a time and date certain. The moving party shall

notify opposing counsel and any unrepresented parties of the date, time and place for

argument. The court, in its discretion, may decide the matter at argument or take the

matter under advisement.

The court in its discretion, may hear any argument by telephone or

videoconference hookup, provided counsel has made a prompt request to participate

electronically in writing to the Court Administrator. The party requesting the opportunity

to participate electronically shall bear the cost thereof, unless the court provides

otherwise.

Rule TC - 1035.2(a). Motion for Summary Judgment.

A motion for summary judgment and a brief in support thereof shall be filed with

the Prothonotary and shall include a proposed scheduling order. A motion for summary

judgment should not be filed with the Court Administrator. Courtesy copies for the court

are not required. A motion for summary judgment should not be filed in duplicate or by

facsimile transmission. The court will take no action until the motion has been filed of

record. The opposing party shall file an answer and reply brief to the motion within

thirty (30) days after service of the motion, unless the time for filing the response is

modified by court order.

Argument will be scheduled for a time and date certain. The moving party shall

notify opposing counsel and any unrepresented parties of the date, time and place for

argument. The court, in its discretion, may decide the matter at argument or take the

matter under advisement.

The court, in its discretion, may hear any argument by telephone or

videoconference hookup, provided counsel has made a prompt request to participate

electronically in writing to the Court Administrator. The party requesting the opportunity

to participate electronically shall bear the cost thereof, unless the court provides

otherwise.

COMPULSORY ARBITRATION

Rule TC - 1301. Scope.

(a) All civil actions wherein the amount in controversy is within the limits set

by Section 7361 of the Judicial Code, 42 Pa. C.S.A. 7361, shall first be submitted to and

heard by a board of arbitrators.

(b) Referral to arbitration shall be accomplished by the filing of a Praecipe for

Arbitration substantially in the form set forth in Rule TC-1301.1, or by order when the

Court determines that proper jurisdiction of a civil action lies before arbitrators.

Rule TC - 1301.1. Praecipe for Arbitration Form

_____________________________ : IN THE COURT OF COMMON PLEAS

v. : OF TIOGA COUNTY, PENNSYLVANIA

______________________________: NO. _______ CIVIL DIVISION 20____

AND NOW, ______________, 20____ comes the _________________ in the

above captioned matter and requests the Court to schedule an Arbitration for the reasons

more fully set forth below:

(1) That the amount in controversy is within the limits set forth in 42 Pa. C.S.

A. 7361

(2) That the matter does not involve title to real estate.

(3) That the matter does not require equitable or declarator relief.

WHEREFORE, _____________________ requests the Court to appoint a board

of arbitrators and schedule the matter for arbitration.

Rule TC - 1302. List of Arbitrators.

(a) All members of the bar within Tioga County shall be eligible to serve as

arbitrators unless a written waiver is filed in the Prothonotary’s office.

(b) The Court Administrator shall list available arbitrators alphabetically by

surname and selection shall be made alphabetically taking into consideration the

requirements and limitations set forth in Pa.R.C.P. 1302.

Rule TC - 1303. Hearing. Notice.

(a) Subsequent to the filing of a Praecipe for Arbitration and the appointment

of arbitrators, the Court Administrator shall provide written notice of the date and time

for arbitration to all counsel of record or unrepresented parties and to the arbitrators.

Rule TC - 1308. Arbitrators Compensation.

Each member of a board of arbitrators who has signed the award or filed a

minority report shall receive as compensation a fee of forty dollars ($40) per hour for

hearing and deliberation time.

RULES OF JUDICIAL ADMINISTRATION

Rule TC - 1901. Termination of Inactive Cases.

The Court Administrator, shall on a quarterly basis, list for general call all civil,

criminal and orphans court matters in which no steps or proceedings have been taken for

one (1) year or more prior thereto and shall give notice thereof to all counsel of record or

unrepresented parties as provided by PA.R.J.A. 1901(c). If no good cause for continuing

a proceeding is shown at or before the general call, an order for dismissal shall be entered

forthwith by the Court.

ACTIONS FOR SUPPORT

Rule TC - 1910.10. Alternate Hearing Procedures.

The Court adopts the alternative hearing procedures as set for in Pa.R.C.P.

1910.12.

ACTIONS FOR CUSTODY/VISITATION

Rule TC - 1915.3. Commencement of Action.

(a) Upon the filing of a Complaint for Custody, Partial Custody or Visitation,

the matter shall be referred to the Child Custody Conference Officer for an informal

conference among the parties.

(b) At the time of the conference, an attempt shall be made to reach an

amicable agreement between the parties.

(1) If an agreement is reached, it shall be reduced to writing, signed by

all parties and submitted to the Court for approval and order.

(2) If no agreement is reached, the officer shall prepare a biographical

history of the parties and recommend the Court order such psychological testing,

counseling, home studies or mediation as the Court shall deem appropriate. Thereafter,

the matter shall be scheduled for a hearing before the Court.

(c) Costs of such psychological testing, counseling, home studies or

mediation shall be assessed by the Court.

ACTION OF DIVORCE

Rule TC - 1920.55-1. Procedures for Matters Referred to Master.

All divorce proceedings shall be conducted in accordance with Pa.R.C.P.

1920.55-2.

TIOGA COUNTY ORPHANS’ COURT RULES

These Rules are keyed into the Supreme Court Rules and the letter should be

consulted before applying the local rules.