Mont. Cnty. Pa. 206.4(c)

As amended through January 1, 2020
Rule 206.4(c) - Issuance Of Rule To Show Cause
(1) A rule to show cause for petitions governed by Pa.RCP 206.1 et seq., shall issue as of course pursuant to Pa.RCP 206.6. The petitioner shall attach to the front of the petition a proposed order substantially in the following form:

(CAPTION)

ORDER

AND NOW, this ________ day of ____________ , __________ , upon consideration of the within petition, it is hereby ordered as follows:

(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
(2) the respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;
(3) the petition shall be decided under Pa.RCP 206.7;
(4) a pre-disposition conference shall be held on ___________ , at _____ _____ .m. in theundersigned Judge's Chambers of the ____________________ County Courthouse, __________ Pennsylvania; and,
(5) notice of the entry of this order shall be provided to all parties by the moving party.

BY THE COURT:

_____________________________

J.

(2) If the petitioner requests a stay, the order may be modified accordingly.
(3) The court, in its discretion, at a time prior to the pre-disposition conference, may conduct a telephone conference call with counsel of record and any pro se parties regarding disposition of the pending petition.
(4) A request for a stay of execution pending disposition of a petition to open a default judgment shall be presented to the duty Judge after notice to opposing counsel and any pro se parties of the intended date, time and place of presentation.
(5) At the conclusion of the pre-disposition conference, or after the telephone conference call provided for under subparagraph (3) above, the court shall issue an order providing for one or more of the following:
(i) The filing of affidavits, depositions and the like.
(ii) The scheduling of an evidentiary hearing.
(iii) The listing of the case for argument court for disposition pursuant to L.R. 1028(c)(2)(E).
(iv) Any other matters deemed appropriate for disposition of the petition.

Mont. Cnty. Pa. 206.4(c)