Penn. Allegh. Cnty. 3.5

As amended through November 13, 2023

Rule 3.5 - Mode Of Proceeding On Petition; Return Date; Preliminary Orders

Sec. 1.Petition for Citation.

(a) A petition requesting the issuance of a citation to a party who is not yet subject to the personal jurisdiction of the court shall be prepared in the manner prescribed by Pa. O.C. Rules 3.3 and 3.4 and filed in the manner set forth in 3.1.

Explanatory Comment: The court may sua sponte correct a request for issuance of a citation and order the issuance of a rule if the court already has personal jurisdiction over a respondent.

(b) The preliminary order directing the issuance of a citation shall be in the form set forth in Sec. 4(a) of this Rule.

(c) Upon entry of a preliminary order directing the issuance of a citation, the following procedure shall be followed:

(i) The clerk shall prepare a citation.

(ii) The petitioner is required to pick up the citation from the clerk.

(iii) The petitioner shall serve the petition and citation in a manner consistent with Pa. O.C. Rule 3.5(a)(2) and Pa. O.C. Rule 4.2.

(iv) If a response is not filed on or before the return date set forth in the citation, all averments of fact in the petition shall be deemed admitted and the court may enter an order granting the relief requested by the petition.

(v) If an answer is timely filed and there are no disputed issues of material facts, the court may decide the petition based on the petition and answer.

Sec. 2.Petition for Rule.

(a) A petition requesting the issuance of a rule to a party who is already subject to the personal jurisdiction of the court shall be prepared in the form prescribed by Pa. O.C. Rules 3.3 and 3.4 and filed in the manner set forth in 3.1.

Explanatory Comment: The court may direct the issuance of a rule if the court believes that a notice petition under Pa. O.C. Rule 3.5(b) is not appropriate.

(b) The preliminary order directing the issuance of a rule shall be in the form set forth in Sec. 4(b) of this Rule.

(c) Upon entry of a preliminary order directing the issuance of a rule, the following procedure shall be followed:

(i) The clerk shall prepare a rule.

(ii) The petitioner is required to pick up the rule from the clerk.

(iii) The petitioner shall serve the petition and rule in a manner consistent with Pa. O.C. Rule 4.3

(iv) If a response is not filed on or before the return date set forth in the rule, all averments of fact in the petition shall be deemed admitted and the court may enter an order granting the relief requested by the petition.

(v) If an answer is timely filed and there are no disputed issues of material facts, the court may decide the petition based on the petition and answer.

Sec. 3.Return Date.

(a) The return date for a citation under 3.5, Sec. 1 or a rule under 3.5, Sec. 2 shall be the date set by the court in the preliminary order. Any response due on the return date shall be considered timely filed if it is filed with the clerk on or before the close of business on the return date or on or before any applicable electronic filing deadline for that date.

Sec. 4.Form of Orders Issuing Citation and Rule.

(a) Preliminary Order directing the issuance of a Citation

PRELIMINARY ORDER AND NOW, this _____________ day of ______________________ , 20____, upon consideration of the foregoing Petition, it is hereby ORDERED that a Citation shall be issued to respondent(s), __________________________________ , to show cause why the Petitioner is not entitled to the following relief [specify the relief requested in the Petition]:

________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

The Respondent(s) shall file a response to the Petition on or before ___________________ , 20____. A conference shall be held on _________________________ , 20____ at ______________________ ___.m. prevailing time in courtroom ____________ , 437 Grant Street, 17^th Floor, Pittsburgh, Pennsylvania.

The issue(s) raised by the Petition and any response thereto may be disposed of by the court at the conference or the court may set a schedule for such further proceedings as may be necessary. ________________________________

(b) Preliminary Order directing the issuance of a Rule

PRELIMINARY ORDER

AND NOW, this _______ day of ______________________ , 20____, upon consideration of the foregoing Petition, it is hereby ORDERED that a Rule shall be issued to respondent(s) ___________________________________ to show cause why the Petitioner is not entitled to the following relief [specify the relief requested in the Petition]:

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

The Respondent(s) shall file a response to the Petition on or before ___________________ , 20____. A conference shall be held on _________________________ , 20____ at ______________________ ___.m. prevailing time in courtroom _________ , 437 Grant Street, 17^th Floor, Pittsburgh, Pennsylvania.

The issue(s) raised by the Petition any response thereto may be disposed of by the court at the conference or the court may set a schedule for such further proceedings as may be necessary. ________________________________

Penn. Allegh. Cnty. 3.5