Rule 206.1 - Petition Practice(a) As used in this chapter, "petition" means(1) an application to strike and/or open a default judgment or a judgment of non pros, and(2) any proper matter for which no other specific procedure is authorized or in which only a Petition is prescribed as the authorized procedure for bringing such matter before the Court for disposition.(b) Rules to Show Cause shall be made returnable by the Court at a specified time, on a specified day, which Return Day shall not be less than twenty (20) days from the date of issuance of the Rule to Show Cause, unless the Court for good cause makes the Rule returnable at a different time.(c) Motions and petitions shall be presented to the Court through the Court Administrator.(d) Except for emergency matters and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the Court unless the motion or petition contains a certification by counsel for the moving party that prior notice of its presentation has been given to the other party or parties and all counsel of record.(e) No rule shall be entered by the Court in which a matter is stayed unless said rule contains a certification by counsel for the moving party that prior notice of the presentation of the motion or petition has been given to the other party or parties or their counsel and all counsel of record, and the party or parties are given an opportunity to be heard consistent with exigencies of the case.(f) The party who has obtained the issuance of a Rule to Show Cause shall forthwith serve a true and correct copy of both Court Order entering the Rule and specifying a return date, and the underlying Petition or Motion, upon every other party to the proceeding in the manner prescribed by the Pennsylvania Rules of Civil Procedure (see Pa. R.C.P. 440 ) and upon the Court Administrator.(g) The party who has obtained the issuance of a Rule to Show Cause shall file with the Prothonotary, within seven (7) days of the issuance of the Rule, an Affidavit of Service indicating the time, place and manner of service. Failure to comply with this provision may constitute sufficient basis for the Court to deny the prayer of the Petition or Motion.(h) The respondent to whom the Rule to Show Cause is directed shall file and serve in the same manner as service is authorized by the Pennsylvania Rules of Civil Procedure (See Pa.R.C.P. 440 ) a verified Answer to the Petition or Motion at or before the time on the Return Day fixed in the Rule to Show Cause. Any objection shall be expressed in the Answer, and not by Preliminary Objections or New Matter.(i) The Order for the issuance of a Rule to Show Cause shall be in the following form: Now this ____ day of ___________, 20__, upon consideration of the attached petition, a Rule is hereby issued upon _____________ to Show Cause why the Petition should not be granted with written response to be filed within no more than twenty (20) days from the date of this Order.
1. Pre-trial conference with the Court is hereby scheduled on the ____ day of _____, 20__ at the Clearfield County Courthouse, in Judge's Chambers.2. Hearing shall be held on the merits of the Petition on the ____ day of __________, 20____ at the Clearfield County Courthouse, Courtroom No. ___. NOTICE
A PETITION OR MOTION HAS BEEN FILED AGAINST YOU IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING _____________ BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE MATTER SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL ' TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND AN ORDER MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PETITIONER OR MOVANT. YOU MAY LOSE RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Clearfield County Courthouse
230 East Market Street
Clearfield, PA 16830
(814) 765-2641 ext. 5010
BY THE COURT,
_________________________
JUDGE
Hearing shall be scheduled in the Order issuing the Rule to Show Cause, or at the discretion of the Court at time of the pre-trial conference.
(1) Upon the rule being issued, petitions and motions may be filed at any time.Comment: This rule clarification is to make clear that the rule to show cause in petition/motion practice is a "notice to plead" by which time an answer to the petition or motion must be filed. A hearing date will be set contemporaneously with the issuance of the rule, unless the Court orders a pre-trial conference. The Court will resolve all factual issues relevant to the petition/motion at the hearing.
(j) All facts alleged in the Petition or Motion which has the notice set forth in 206.0(i) attached and which are not sufficiently denied by an Answer shall be deemed admitted. Where a Petition or Motion contains a rule to show cause with a notice set forth in 206.1(i) and the Respondent does not file an Answer to the Petition or Motion, then the Court, upon motion of any party, may make the Rule absolute.(k) No petition or motion shall contain exhibits which are already filed of record. To the extent that exhibits may be necessary at time of hearing the Court will take judicial notice of those exhibits. If necessary to resolve any factual issues, the Court shall admit such exhibits as part of the hearing record.