Rule 1920.46.A - Affidavit of Non- Military Service(a) If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary four hundred dollars ($400.00), unless changed to a different amount, to cover the attorney's fees.(b) The attorney appointed to represent the defendant shall promptly perform the following duties: (1) The attorney shall make diligent inquiry to ascertain the whereabouts of the defendant.(2) If the attorney ascertains that the defendant is in the military service, the attorney shall inform the defendant of the action pending and ascertain whether the defendant wishes to appear and be heard, shall attend all hearings before the Hearing Officer, and shall take any action proper to protect the interests of the defendant.(3) If the defendant is in the military services and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed. In such event all proceedings shall be stayed until further order of the court.(4) If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed. The attorney shall attend all hearings before the Hearing Officer and take any action proper to protect the interest of the defendant.(5) Within ten (10) days after the hearings before the Hearing Officer have closed, the attorney shall file with the Hearing Officer a final report stating whether or not the defendant's whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service. The final report shall be attached to and made a part of the report of the Hearing Officer.(6) Upon the filing of an interim report resulting in the staying of all proceedings until further order of the court, or upon the filing of a final report, the attorney shall be entitled to receive the four hundred dollars ($400.00) previously filed with the Prothonotary.Chest. Cnty. Ct. Comm. Plea. R. 1920.46.A
Amended effective 6/13/2022.