Union Cnty. C.P. Local Rules (introduction)

LOCAL RULES OF THE 17th JUDICIAL DISTRICT OF PENNSYLVANIA

TABLE OF CONTENTS

RULES OF CIVIL PROCEDURE

Updated: 10/2024

17CV205.2(a) Physical Requirements for Pleadings and Other Legal Papers; Cover

Sheets

17CR205.4 Electronic Filing and Service of Legal Papers Filed in Civil Dockets in

SNYDER COUNTY (only to date)

17CV206.1(a) Petitions

17CV208.2(c) Motions-Statement of Applicable Authority

17CV208.2(d) Motions – Certification

17CV208.2(e) Discovery Motions – Certification

17CV208.3(a) Motions –Filing Procedure

17CV208.3(b) Motions – Responding Parties

17CV0216 Continuances

17CV0216.1 Written Motion

17CV0216.2 Form of Motion

17CV1018.1 Notice To Defend

17CV1028(c) Preliminary Objections

17CV1034(a) Motions for Judgment on the Pleadings

17CV1035.2(a) Motions for Summary Judgment

17CV1301 Arbitration

17CV1301.1 Cases for Submission

17CV1301.2 Agreement of Reference

17CV1302 List of Arbitrators

17CV1303 Hearings

17CV1303.1 Scheduling of Hearings

17CV1303.2 Conduct of Hearings

17CV1303.3 Continuances

17CV1306 Awards

17CV1308 Compensation of Arbitrators

17CV1309 Appeals

17CV1901 Prompt Disposition of Matter; Termination of Inactive Cases

17CV1915.3 Custody Petitions and Procedures

17CV1915.4 Custody Conference Officer

17CV1915.4-1 Initial Conference

17CV1915.4-2 Exceptions

17CV1915.4-3 Approval of Recommended Orders

17CV1915.4-4 Settlement

17CV1915.4-5 Pre-Trial Conference

17CV1915.5 Physical/Mental/Psychological Examinations and Home Studies

17CV1915.13-1 Petition for Special Relief and Emergency Petitions for Custody

17CV1940.3 Order for Orientation Session and Kids First Program

17CV1940.5 Duties of the Mediator

17CV5102 Custody of Exhibits

RULES OF CRIMINAL PROCEDURE

17CR0106 Continuances

17CR0106.1 Written Motion

17CR0106.2 Form of Motion

17CR117 Coverage: Issuing Warrants; Preliminary Arraignments and Summary

Trials; and Setting and Accepting Bail

17CR574 Motions – Representations to the Court

17CR576.1 Electronic Filing in Criminal Dockets

17CR5102 Custody of Exhibits

17CR9756 UC Reentry Plan

17JA01 Public Access Policy: Case Records of the Trial Courts

ORPHANS’ COURT RULES

Local Rules Vacated September 1, 2016 – See State Rules

17CV205.2(a) Physical Requirements for Pleadings and Other Legal Papers; Cover Sheets

(1) All pleadings and other legal papers shall be printed in double space on white paper

that is 8 ½ inches wide and 11 inches long, and shall be secured by appropriate metal or plastic

fasteners. All exhibits shall be tabbed and labeled.

(2) All pleadings and other legal papers to be filed shall be accompanied by a cover sheet

which shall include:

(i) in the upper left-hand corner the name of the filing party, the name, address, and

telephone number of the attorney representing the filing party, or if the party is not

represented by counsel, the address and telephone number of the filing party;

(ii) the full caption of the litigation;

(iii) the title of the pleading or other legal paper; and the name and address of the

attorney of record for any party, including the name of the attorney’s firm, or a

designation that a party without an attorney is pro se, and the pro se party’s address.

(3) The cover sheet shall be substantially in the following form:

(NAME OF FILING PARTY)

(NAME OF FILING PARTY’S ATTORNEY OF RECORD )

, : IN THE COURT OF COMMON PLEAS

Plaintiff: OF THE 17TH JUDICIAL DISTRICT

: OF PENNSYLVANIA

vs. : COUNTY BRANCH

:

, :

Defendant:

:

:

: NO.

(NAME OF PLEADING OR OTHER LEGAL PAPER FILED)

(Name of party) (Name of other party)

(Name of that party’s attorney) (Name of other party’s attorney)

(Name of party) (Name of other party)

(Name of that party’s attorney) (Name of other party’s attorney)

17CV205.4 Electronic Filing and Service of Legal papers Filed in Civil Dockets

(a)(1). The Snyder County Court of Common Pleas does hereby permit electronic filling of all

legal papers with the Prothonotary through its electronic filing system, CountySuite Portal, as well as

the electronic service of such papers, under terms more specially provided in Pennsylvania Rule of Civil

Procedure 205.4.

(2). As used in this rule, the following words shall have the following meanings:

i. “electronic filing,” the electronic submission of legal papers by means other than

facsimile transmission and the acceptance of the document by the clerk of courts;

ii. “filing party,” an attorney, defendant, plaintiff, or other person who files a legal paper by

means of electronic filing;

iii. “legal paper,” shall be a pleading or other paper filed with the Prothonotary in any civil

action, including attachments and exhibits, even if the legal papers are not adversarial in

nature or do not require a response from the non-filing party or parties.

(b). Legal papers shall be presented for filing in a PDF. As authorized by Pa.R.C.P.

205.4 (b)(1), in the event a legal paper is presented for filing in a hard-copy format, the

Prothonotary shall convert said legal paper into a PDF and shall maintain it in that

format. The Prothonotary shall return the hard-copy legal paper to the filing party for

retention of required by PA.R.C.P. 205.4 (b) (4).

(c)(1). The Prothonotary shall provide access to CountySuite Portal (CIVIL electronic

filing system) at all times, except during periods of required maintenance.

(2) CIVIL legal papers can be filed electronically through CountySuite Portal,

located on prothonotary’s county website. To obtain access to the Electronic Filing

System, counsel or any unrepresented party must first register with the CountySuite

Portal for a User Name and Password.

**Registered Users are obligated to maintain proper delivery information and shall notify

the CountySuite Portal and the Prothonotary’s office immediately regarding changes in:

name, firm, address, facsimile, or e-mail address.

(3) The time and date of filing a legal paper and any receipt of the legal paper

filed electronically shall be that registered by the Electronic Filing System. The

Prothonotary shall provide, through the CountySuite Portal, an acknowledgement that the

legal papers have been received, including the date and time of receipt, in a form which

can be printed for retention by the filing party.

(d) A filing party shall pay the cost of the electronic filing of a legal paper by approved

credit: MasterCard/ VISA/ Discover. All costs according to the current Prothonotary fee

schedule.

(e)(1) A filing party shall be responsible for any delay, disruption or interruption of the

electronic signals and legibility of the document electronically filed, except when caused

by the failure of the CountySuite Portal.

(2) No pleading or other legal paper that complies with the Pennsylvania Rules of

Civil Procedure shall be refused for filing by the Prothonotary or the Electronic Filing

System based upon a requirement of a local rule or local administrative procedure or

practice pertaining to the electronic filing of legal papers.

(3) If a pleading or other legal paper is not accepted upon presentation for filing

the Electronic Filing System will immediately notify the party presenting the legal paper

for filing.

(4)(i) The Court upon motion shall resolve any dispute arising under paragraphs

(1) and (2) of this subdivision.

(ii) If a party makes a good faith effort to electronically file a legal paper but it

is not received, accepted or filed by the Electronic Filing System, the Court may order

that the paper be accepted and file nunc pro tunc upon a showing that reasonable efforts

were made to timely present and file the paper.

(f) As authorized by Pa.R.C.P 205.4 (f), the following administrative procedures are

adopted:

(1) The electronic filing of legal papers using an authorized User Names and

Password shall constitute the filing party’s signature on electronic documents as provided

by Pa.R.C.P 1023.1. and, if the filing party is an attorney, shall constitute a certification

of authorization to file it as provided in Pa.R.C.P. 202.5.1.

(2) Verification of pleadings, as required by Pa.R.C.P. 206, and 1024, as well as

any other documents executed by the client or third parties, such as Affidavits or

Certifications of Service, shall be scanned and attached to the electronic filing in a PDF at

the time the legal paper is submitted for electronic filing.

(3) Personal Identifiers in civil matters, such as Social Security numbers, dates of

birth, financial account numbers and names of minor children, must comply with the

safeguards of the Case Records Public Access Policy of the Unified Judicial System of

Pennsylvania. The Confidential Information Form is required.

(4) The Prothonotary is authorized to refuse a filing of a legal paper submitted

without the required filing fee; such legal paper shall only be deemed to have been filed

on the date that said filing fee payment was received by the Prothonotary.

(5) The Prothonotary shall maintain a hard copy of any legal paper, notice or

Order filed or maintained electronically under this Rule for the Court and Court

personnel.

(g)(1) Copies of all legal papers other than original process filed in an action or served

upon any party to an action may be served:

(i) as provided by Rule 440; or

(ii) by electronic transmission, other than facsimile transmission, to all parties

who have previously submitted electronic filing in the same case, pursuant to the

17th Judicial District - Civil Rule 205.4 and Pa.R.C.P. 205.4 (g).

The party upon prior written agreement will be served court orders only via e-mail by the

Prothonotary, not by the electronic filing system.

(2) Service by electronic transmission is complete when a legal paper is sent:

(i) to the recipient’s electronic mail address, or

(ii) to an electronic filing system website and an e-mail message is sent to the filer

by the electronic filing system that the legal paper has been filed and is available for

review on the system’s website (CountySuite Portal).

Note: Once the electronic filing has been accepted or the original process has been filed by the

Prothonotary; it shall be the responsibility of the filing party to provide the sheriff with

the proper service fee and documents for original service and writs. The electronic

system does not include legal service to this department.

An electronic mail address set forth on letterhead is not sufficient basis under this rule to permit

electronic service of legal papers.

(3) Copies of all Notices, Orders or Judgments from the Court in any action shall be

served according to Rule 440, not through CountySuite electronic filing system.

17CV206.1(a) Petitions

No applications to the court other than those listed in Pa.R.C.P. No.206.1(a) have been

designated by local rule as “Petitions.”

17CV208.2(c) Motions – Statement of Applicable Authority

Any party filing a motion shall include a brief statement of the applicable authority

empowering the court to grant the relief requested.

17CV208.2(d) Motions - Certification

A motion shall, if appropriate, include a certification signed by counsel for the moving

party or by a pro se moving party that the relief requested in the motion is uncontested. Absent

such certification the Court will consider a motion to be contested by one or more of the parties

to the litigation.

17CV208.2(e) Discovery Motions - Certification

All motions relating to discovery shall include a certification signed by counsel for the

moving party or by a pro se moving party that they have conferred or attempted to confer with all

interested parties in order to resolve the matter without court action and that counsel or the pro se

party has been unsuccessful in resolving the matter without court action.

17CV208.3(a) Motions – Filing Procedure

In the event that a party files a motion that is not uncontested the motion shall be

submitted accompanied by an order substantially in the form provided for in Pa.R.C.P. No.

208.4(b)(2). The original and a sufficient number of copies for all parties to the proceeding shall

be filed with the Prothonotary. Upon the filing of a motion and proposed order the Prothonotary

shall transmit the original of the motion and proposed order to the judge’s chambers for review

and consideration. If the Court determines that an evidentiary hearing is necessary or if oral

argument has been requested the Deputy Court Administrator shall schedule the appropriate

proceeding. Upon the Judge signing the order the original of the motion and order shall be

returned to the Prothonotary. The party filing the motion shall be responsible for service of the

motion and order in accordance with the Pennsylvania Rules of Civil Procedure.

17CV208.3(b) Motions – Responding Parties

When a motion is filed that has not been certified as uncontested any party opposing the

relief requested in the said motion shall file a response to the motion and a short statement citing

appropriate authority in support of opposition to the said motion within twenty (20) days after

service of the motion. Absent the filing of a response and brief in opposition to the motion the

Court will consider the motion to be uncontested by any non-responding party.

17CV216 CONTINUANCES

17CV216.1 Written Motion

A Motion for Continuance shall be in writing, unless exceptional circumstances

prevent a written motion. All motions averring facts not of records shall be verified.

Before filing a written Motion for Continuance or making an oral motion for continuance

every reasonable effort shall be made to notify and seek the agreement of all interested

parties. A Motion for Continuance shall be made as soon as possible after the

circumstances necessitating the request become known to the moving party.

17CV216.2 Form of Motion

All requests for continuances shall be on forms provided by the Court Administrator, under the

Court section of each county’s website. Visit: www.snydercounty.org or

www.unioncountypa.org.

17CV1018.1 Notice to Defend

As provided by Pa.R.C.P. No. 1018.1(c) the following offices are designated as the office

to be named in the Notice to Defend where legal help may be obtained:

For cases filed in Snyder County:

Office of the Court Administrator

Snyder County Courthouse

P.O. Box 217

Middleburg, PA 17842

(570) 837-4359

For cases filed in Union County:

Office of the Court Administrator

Union County Courthouse

103 S. Second Street

Lewisburg, PA 17837

(570) 524-8736

17CV1028(c) Preliminary Objections

(1) All preliminary objections shall be accompanied by a brief in support of the

preliminary objections. All briefs shall be filed in duplicate. Upon the filing of preliminary

objections and a supportive brief a copy of the brief shall be forwarded to the judge’s chambers

by the Prothonotary;

(2) The party filing the preliminary objections shall file an affidavit of service within

five (5) days of the service of the preliminary objections;

(3) Absent the filing of an amended pleading, the party whose pleading is the subject of

the preliminary objections shall file a brief in opposition to the preliminary objection within

twenty (20) days of service of the preliminary objection. All briefs shall be filed in duplicate.

Upon the filing of brief in opposition to the preliminary objections a copy of the brief shall be

forwarded to the judge’s chambers by the Prothonotary. Absent the filing timely of the said brief

the Court will consider the preliminary objections to be unopposed by the non-responding party;

(4) If a party wishes to have an evidentiary hearing or oral argument that party, at the

time of the filing of their preliminary objections or their answer or responsive brief, shall submit

a scheduling order substantially in the following form:

CAPTION

SCHEDULING ORDER

AND NOW, this day of, 20, the (objecting)

(answering) party having requested (oral argument) (and) (evidentiary hearing) on the

preliminary objection and any answer thereto, it is hereby ORDERED that (hearing)

(and) (argument) shall be held on the day of, 20,

o’clock .m. in the Courtroom of the County

Courthouse, , County, Pennsylvania.

( ) minutes have been allocated for the purposes of the said

(hearing) (and) (argument).

In the event that a party against whom the preliminary objections has been

filed fails to filed timely an answer and/or responsive brief to the said preliminary

objections this Order will be deemed to have been vacated without further Order

of the Court and no hearing and/or argument shall be held on the date scheduled

herein.

BY THE COURT:

(5) A request for oral argument or a hearing shall be accompanied by a list of dates when

counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party

or parties, and any pro se opposing party are available for argument and/or hearing. The list

shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of

the request. Failure to provide the said list shall cause the court to decline to consider the

request.

(6) Failure to request oral argument in accordance with this rule shall constitute a waiver

of oral argument. Argument by the objecting and any answering parties shall be limited to a total

of fifteen (15) minutes unless, at the time of the filing of the proposed preliminary objection or

responsive brief, the party requesting argument certifies to the court that additional time is

necessary. Any party requesting a hearing shall be responsible for completing the proposed

order with a good faith estimate as to the amount of time that party believes will be necessary for

a complete hearing and argument on the pending preliminary objections;

(7) Upon the entry of an order scheduling hearing and/or argument it shall be the

responsibility of the party requesting hearing and/or argument to serve the order on all other

parties.

17CV1034(a) Motions for Judgment on the Pleadings

(1) A motion for judgment on the pleadings filed pursuant to Pa.R.C.P. No. 1034 shall be

accompanied by a brief. All briefs shall be filed in duplicate. Upon the filing of a motion for

judgment on the pleadings and a supportive brief a copy of the brief shall be forwarded to the

judge’s chambers by the Prothonotary.

(2) Within five (5) days after service of the motion and brief upon the other parties the

party filing the motion shall file a certificate of service.

(3) All parties opposing the said motion shall file a response and a brief in support of

their response within twenty (20) days of the service of the motion. All briefs shall be filed in

duplicate. Upon the filing of a brief in support of the response a copy of the brief shall be

forwarded to the judge’s chambers by the Prothonotary.

(4) Absent the filing timely of a response and brief in support of the response the Court

will consider the motion to be unopposed.

(5) Any party seeking oral argument shall, at the time of the filing of their motion or

response, file an original and a sufficient number of copies of a scheduling order substantially in

the form provided for in 17CV1028(c)(4).

(6) A request for oral argument or a hearing shall be accompanied by a list of dates when

counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party

or parties, and any pro se opposing party are available for argument and/or hearing. The list

shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of

the request. Failure to provide the said list shall cause the court to decline to consider the

request.

(7) Failure to request oral argument in accordance with this rule shall constitute a waiver

of oral argument. Upon the receipt of a proposed scheduling order the Prothonotary shall

transmit the original of that order to the Deputy Court Administrator. Argument on the said

Motion and any response thereto shall be limited to a total of fifteen (15) minutes, unless, at the

time of the filing of the proposed scheduling order the party requesting argument certifies that

additional time is necessary. If additional time is necessary the party submitting the proposed

scheduling order shall make a good faith estimate as to the total amount of time needed for

argument by all parties. The party requesting oral argument shall be responsible for serving a

true and correct copy of the scheduling order on all of the parties.

17CV1035.2(a) Motions for Summary Judgment

(1) A party filing a motion for summary judgment, shall, at the time of the filing of the

said motion, file a brief in support thereof. All briefs shall be filed in duplicate. Upon the filing

of a motion for summary judgment and a supportive brief a copy of the brief shall be forwarded

to the judge’s chambers by the Prothonotary.

(2) Within five (5) days after service of the motion and brief upon the other parties the

party filing the motion shall file a certificate of service.

(3) A party filing a response pursuant to Pa.R.C.P. No. 1035.3(a) shall file a brief in

support of their response contemporaneously with the filing of that response. All briefs shall be

filed in duplicate. Upon the filing of a brief in support of the response a copy of the brief shall

be forwarded to the judge’s chambers by the Prothonotary.

(4) Absent the filing timely of a response and brief in support of the response the court

will consider the motion to be unopposed.

(5) Any party seeking oral argument shall, at the time of the filing of their motion or

response, file an original and a sufficient number of copies of a scheduling order substantially in

the form provided for in 17CV1028(c)(4).

(6) A request for oral argument or a hearing shall be accompanied by a list of dates when

counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party

or parties, and any pro se opposing party are available for argument and/or hearing. The list

shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of

the request. Failure to provide the said list shall cause the court to decline to consider the

request.

(7) Failure to request oral argument in accordance with this rule shall constitute a waiver

of oral argument. Upon the receipt of a proposed scheduling order the Prothonotary shall

transmit the original of that order to the Deputy Court Administrator. Oral argument shall be

limited to a total of one-half (1/2) hour unless a party at the time of the filing of their proposed

scheduling order certifies that additional time will be necessary. That party will be responsible

for making a good faith estimate as to the total amount of time the parties will need for

argument. The party requesting oral argument shall be responsible for serving a true and correct

copy of the scheduling order on all of the parties.

17CV1301 ARBITRATION

17CV1301.1 Cases for Submission.

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

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

shall be Fifty Thousand Dollars ($50,000) 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 the jurisdiction of the board of arbitrators.

B. A civil action will be referred to arbitration (20) days after the filing with the

Prothonotary and the Court Administrator of a Praecipe signed by either party or its counsel

indicating the matter is ready for arbitration. If the other party objects to the filing, that party

shall, within the (20) days, file a motion requesting delay in the appointment of arbitrators

pending completion of the pre-trial discovery and filings. The objection shall specifically

indicate the matters that must be preliminarily resolved and shall propose a timetable for their

completion.

C. Cases subject to arbitration shall be subject to the status and calendar orders then

prevailing with regard to the civil docket. Such cases shall not be scheduled for a pretrial

conference if the status as an arbitration case can readily be determined from examination of the

docket entries. If the discovery deadline has expired at the time of the pretrial conference for

contemporaneously filed cases, the matter shall be scheduled by the Court Administrator for

disposition by arbitration.

D. All cases heard under these rules shall be governed in all other respects by the laws of

the Commonwealth of Pennsylvania enacted regarding arbitration proceedings.

17CV1301.2 Agreement of Reference

Matters not in litigation may be referred to a board of arbitrators by an agreement of

reference, signed by counsel for all sides in the case. Such agreement shall be filed with the

Prothonotary, who will forward a copy to the court administrator. Said agreement shall define

the issue involved for determination by the board and, when agreeable, shall also contain

stipulations with respect of facts. In such cases, the agreement shall take the place of the

pleadings in the case and be filed of record.

17CV1302 LIST OF ARBITRATORS.

A. Upon receipt of a Praecipe, the Court Administrator shall nominate, from the list of

attorneys, a board of potential arbitrators. The nominations shall be made in a rotational fashion

from the members of the bar eligible for assignment, except where an attorney is excused by

reason of incapacity, illness, or other disqualification. The Court Administrator shall further be

responsible for apportioning assignments between members with more than five years’

experience and those under five years. No more than one member of a family, firm, professional

corporation or association shall be nominated to serve on one potential board.

B. The Court Administrator shall nominate to the potential board 3 attorneys plus 1

additional attorney for each party of record. The list of attorneys nominated to the potential

board shall be sent by the Court Administrator to each party or his or her attorney within 7 days

of the receipt of the praecipe. Each party in the case or counsel for each party may strike off up

to 1 attorney so named and return the list to the Court Administrator. If any or all parties strike

the same name or fail to exercise their right to strike off any names from the potential board, the

first 3 remaining names will make up the board of arbitration. In the event the Court

Administrator cannot compile a list of sufficient names from the county in which the case arose,

because of incapacity, illness or other disqualification, other attorneys whose practice is within

the judicial district, regardless of county, may be included.

C. As soon as the Court Administrator receives the returned list from the parties (or after

7 days if any list is not returned) each arbitrator shall be notified of his or her selection. A final

board shall be sent to the attorneys of the parties.

17CV1303 HEARINGS

17CV1303.1 Scheduling of Hearings.

A. Upon receipt of a praecipe, pursuant to 17CV1302, the Court Administrator shall

schedule the case to be arbitrated for a one-half day hearing, no sooner than 45 days from the

date of the praecipe, to commence either at 9:00 a.m. or 1:00 p.m.

B. The hearings shall be held in the separate courthouses in either Union County or

Snyder County in either the Hearing Room or the Jury Room designated for that purpose. The

chair may, if appropriate, schedule the arbitration hearing at such other location as would be

more convenient to the parties, witnesses, counsel or arbitrators, on the same date as would

otherwise apply.

C. After having been identified as a member of an arbitration panel under the methods

set forth previously in Section 17CV1302, and after having been scheduled to serve on an

arbitration panel on a date certain, pursuant to (A) above, should an arbitrator be unable to serve

due to a conflict of interest, conflict in scheduling, or other such reason, that arbitrator shall

inform the Court Administrator, who shall appoint a successor arbitrator.

17CV1303.2 Conduct of Hearings.

The conduct of all hearings, generally and with respect to the admissibility of evidence,

shall be as set forth in Pa.R.C.P. Nos. 1304, 1305, and 1038(a). Arbitrators shall exercise

reasonable restraint in the questioning of witnesses. Witness fees shall be taxed as costs, as in

other actions.

17CV1303.3 Continuances.

Continuances shall be granted only by court order for good cause shown on notice sent

by the Court Administrator to the parties and the court. Requests for continuances shall be

submitted in writing in the form of a motion. A motion for continuance should be filed not later

then 3 days prior to the scheduled date for the arbitration hearing.

If a party fails to appear at a scheduled arbitration hearing, the arbitrators shall proceed as

set forth in Pa.R.C.P. 1303 and 1304.

17CV1306 AWARDS.

A. After the case has been heard, the arbitrators shall make their report/award, which

shall be signed by at least a majority of them. An award must be submitted within 10 days after

the day of the hearing or the last adjournment thereof.

B. The award shall be filed with the Prothonotary.

C. The Prothonotary shall enter the award of the arbitrators in the docket and shall index

the same in the judgment index. If an appeal is taken, the Prothonotary shall notify the Court

Administrator, who shall place it on the next pretrial list.

D. Upon the award being indexed, the Prothonotary shall give immediate written notice

of the award to all the parties, or their attorneys, by regular mail and a copy to the Court

Administrator.

17CV1308 COMPENSATION OF ARBITRATORS.

A. The chair of the board of arbitrators shall receive compensation in the amount of

$250.00 per case; the other members of the board shall receive compensation in the amount of

$200.00 per case.

B. Each arbitrator shall be entitled to receive additional compensation at the rate of

$25.00 per hour in any case in which the actual time spent in the hearing exceeds three and one-half (3 ½) hours. In the event the case in continued after the arbitrators have convened, either

before or after testimony has begun, the time required of the arbitrators during the first scheduled

hearing shall be aggregated with the time required during the second hearing. To the extent that

such aggregated time is less than three and one-half (3 ½) hours, the fee set forth in Subsection A

of this rule shall be applicable. To the extent that such aggregated time exceeds three and one-half (3 ½) hours, the hourly rate set forth herein shall be due for the hours in excess of three and

one-half (3 ½) hours.

C. Upon the filing of the board’s report or award, the Prothonotary shall certify to the

County Treasurer that the report and award, if any, has been filed, together with the names of the

members of the board serving in the case. The county shall then pay the aforesaid fee to each

member of the board serving on the case in accordance with Subsection A of this rule.

D. In the event that a case shall be settled, withdrawn, or otherwise terminated by or

between the parties at any time subsequent to the filing of a praecipe requesting the appointment

of a Board of Arbitrators but prior to the naming of that board by the Court Administrator

pursuant to 17CV1302, the party filing the praecipe for appointment of a Board of Arbitrators

shall cause notice of the settlement, withdrawal, or termination of the action to be served upon

the Court Administrator. In the event that a case shall be settled, withdrawn, or otherwise

terminated by or between the parties at any time subsequent to the notification to each arbitrator,

as provided for in 17CV1302.C, but prior to the date scheduled for hearing, the party filing the

praecipe for appointment of a Board of Arbitrators shall be responsible for causing notice of the

settlement, withdrawal, or termination to be served upon the Court Administrator and each of the

arbitrators. In the event that the notice provided for in the preceding sentence is given in a

timely manner, the board members shall not be entitled to any fees. In the event that the notice is

not given in a timely manner, and an arbitrator or the arbitrators appear for the scheduled

hearing, the party who moved for appointment of the arbitrators shall be responsible for paying

the fees provided for in this rule. The foregoing notwithstanding, if the case is settled,

withdrawn, or otherwise terminated by or between the parties on the date scheduled for the

hearing, but prior to the scheduled starting time, the arbitrators shall be entitled to one-half (1/2)

of the base fee as set forth in Subsection A of this rule.

E. The Prothonotary shall not mark or certify a case settled or discontinued until the

attorney for the plaintiff has presented his or her praecipe in proper form.

17CV1309 APPEALS.

A. Any party to the proceeding may appeal from the decision or award of the arbitrators

to the Court of Common Pleas, upon prepayment to the county of the fees of the members of the

board. Said appeal shall be taken not later then 30 days after the date of the entry of the award of

the arbitrators on the docket. Repayment to the County of the fees of the members of the board

shall not be taxed as costs or be recoverable in any proceeding. A de novo appeal shall be

allowed as a matter of course upon the filing of the affidavit of appeal and recognizance, and

upon the aforesaid repayment of the arbitrators’ fees.

B. The Prothonotary shall notify the Court Administrator of all appeals from arbitration.

All arbitration appeals shall immediately be scheduled by the Court Administrator for pretrial

conference and trial at the earliest practical date.

C. If no appeal is filed within 30 days, judgment shall be taken on the award.

17CV1901. Prompt Disposition of Matters; Termination of Inactive Cases

(a) The Prothonotary of Snyder and Union Counties shall prepare and forward to the Court on

or before the third Monday of November each year, or on such other date as the Court by special

order may direct, all civil matters in which no steps or proceedings have been taken for two (2)

years or more prior thereto and shall give notice thereof to counsel of record, and to the parties

for whom no appearance has been entered, as provided by Pa.R.J.A. No. 1901(c). If no action is

taken or no written objection is docketed in such a matter prior to the commencement of the

general call, the Prothonotary shall strike the matter from the list and enter an order as of course

dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If

no good cause for continuing a matter is shown at the general call, an order shall be entered

forthwith by the court for dismissal.

(b) The Clerk of Courts shall prepare and forward to the Court on or before the third Monday of

November each year, or on such other date as the Court by special order may direct criminal

proceedings in which no steps or proceedings have been taken for two (2) years or more prior

thereto and shall give notice thereof to the district attorney, any private prosecutor and the

defendant, as provided by Pa.R.J.A. No. 1901(c). If no good cause for continuing a proceeding is

shown at the general call, an order for dismissal shall be entered forthwith by the court.

The Court may initiate proceedings to terminate the cases contacted on said list pursuant

to Pa.R.J.A. No. 1901(c)(1), (2).

17CV1915.3. Custody Petitions and Procedure.

A. All counts in a divorce complaint and all petitions relating to custody, partial

custody, or visitation, of minor children shall be processed in accordance with 17CV1915.3,

et seq.

B. Where a party files a Divorce action with a Count for Custody, the two matters will be

separated with individual docketing numbers.

C. As part of the pre-trial procedures, the Court Administrator shall refer custody-

related complaints or petitions, other than a petition for special relief, to mediation at the

Susquehanna Valley Mediation Service and the Kids First program.

D. All counts in a divorce complaint and all petitions relating to custody, partial

custody, or visitation of minor children shall include a form order referring the matter to

mediation. The form shall be provided by the Court Administrator, under the Court section of

each county’s website. Visit: www.snydercounty.org or www.unioncountypa.org.

E. Upon receipt of notice that the parties did not resolve the matter through mediation

and that the parties have attended the Kids First Program, the Court shall refer the matter

to the Custody Conference Officer for the scheduling of the initial conference with the

parties and their respective counsel.

F. Any pleading which requests the scheduling of a proceeding and also requests entry

of a temporary order to maintain de facto custody provisions pending m e d i a t i o n o r

the initial conference shall set forth with specificity those facts supporting the request for the

temporary custody order pending mediation or the initial conference.

17CV1915.4 Custody Conference Officer

A. The Custody Conference Officer shall be appointed by the Court to meet with the

parties and their legal counsel in a custody action to conciliate the matter, attempt to

resolve issues and reach an agreed Custody Order and/or if this cannot be accomplished,

to define and narrow the issues to be heard by a Judge.

B. Custody Conference Officer - NotaWitness

To facilitate the conference process and encourage frank, open and meaningful

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

parties, or their witnesses, mad e i n a c onfer enc e b efo re t he Custod y

Confer enc e O f f i c er shall not be admissible as evidence in a Custody Trial before

the Court.

The Custody Conference Officer shall not be a witness for or against any party in a

Custody Trial before the Court or in any other proceeding whatsoever absent Court Order.

C. The Court adopts the Commonwealth’s procedure under 1915.4-2(a)(1-4).

17CV1915.4-1. Initial Conference.

A. The parties and their respective counsel shall appear at the initial conference before

the Custody C o n f e r e n c e Officer. The initial conference will consist of a non-record

proceeding to establish a recommended Interim order as to l e g a l a n d p h y s i c a l

custody which will govern pending further proceedings. This non-record proceeding may

be a conference with attorneys, conference with parties, and receipt of other evidence and

arguments of counsel as the Conference Officer deems appropriate, based upon the particular

issues raised.

B. If the parties reach an agreement resolving all of the issues raised, the Custody

Conference O fficer shall forward an Order to the C o u r t for approval setting forth the

terms of such agreement.

C. At the conclusion of the proceeding, the C u s t o d y Conference Officer shall: 1)

give the parties oral notice of the essential aspects of the approved recommended

Interim order and reasons for the recommendation; 2) make an initial determination based on

the parties’ approval as to the use of psychological evaluations or home studies, or the

appointment of a Guardian ad Litem in accordance with 17CV1915.5.

17CV1915.4-2. Exceptions.

A. No exceptions may be filed to an Interim Order entered in a custody action. Any

matter not stipulated to at the initial conference may be reviewed at the pre-trial

conference or resolved at trial.

17CV1915.4-3. Approval of Recommended Orders.

Any recommended Interim Order of the Custody Conference Officer shall be submitted to the

Court for approval and upon court approval shall have the effect of an Interim Order.

17CV1915.4-4. Settlement.

A custody case will be removed from the initial conference or pre-trial schedule and/ or the

custody trial list only upon the filing of the settlement agreement and Court Order.

17CV1915. 4-5. Pre-trial Conference.

At the time set for the pre-trial conference, both parties shall submit a pre-trial statement

in the form prescribed by the Court. O R s t r i c t l y c o m p l i e d w i t h t h e p r o v i s i o n s o f

P a. R. C. P. N o. 2 1 2. 2 ( a ) i n d i c a t e d i n C o u r t O r d e r. Both parties and their

respective counsel shall appear before the Court for presentation of the issues and discussion of

possible settlement and disposition of any matters referred to the Court.

17CV1915.5. Physical/Mental/Psychological Examinations and Home Studies.

A. Upon agreement of the parties at the initial conference, the C u s t o d y

Conference Officer may include in the recommended Interim Order that the Court appoint a

Guardian ad Litem pursuant to Pa.R.C.P. 1915.11-2 and/or a directive that the parties obtain

physical, mental or psychological examinations and/ or home studies, prior to the date of the

pre-trial conference or trial and may establish a date by which the parties must make the

initial arrangements.

B. Any request by the parties for evaluations made after the initial conference and

not made at the pre-trial conference or entered into by stipulation must be made by

Petition for Rule to Show Cause alleging specific facts and reasons for the request.

C. Unless otherwise directed by the C ourt or C u s t o d y Conference Officer or

agreed upon by the parties, the expense of any evaluation shall be borne initially by the

party requesting the evaluation and shall be paid in accordance with Pa. R.C.P. No.

1915.8. A final allocation of the expense may be made by the Court upon entry of an

order or decision rendered on any issues raised in the proceeding.

D. Any evaluation filed with the Court shall not be available for public inspection and

shall be sealed by the Prothonotary.

17CV1915.13[-1]. Petition for Special Relief and Emergency Petitions for Custody.

A. Definitions