Rule 705 - Process for Scheduling a Hearing(1) To obtain a hearing date on a Conservatorship case, the requesting party must do the following:a. File a Motion to Obtain a Hearing with the Department of Court Records, andb. Submit the Motion to Obtain a Hearing to conservatorshipcalendar@alleghenycourts.us. Note: The Motion to Obtain a Hearing will not need to be presented and argued unless oral argument is requested by any party in interest; it will be at the Court's discretion whether or not the hearing requested will be scheduled. If the Court has not acted on the Motion to Obtain a Hearing within twenty-one (21) days, the Moving party is encouraged to email the conservatorshipcalendar@alleghenycourts.us email inbox requesting that the Motion be ruled upon.
(2) This rule applies to any hearings related to the Act requested by any party in interest.(3) Any Motion to Obtain a Hearing shall state clearly whether it is contested to the best of the filing party's knowledge at the time of the filing. Note: Identifying whether the Motion to Obtain a Hearing is contested may assist in determining whether a status conference or Rule to Show Cause hearing is necessary.
(4) An Order scheduling a Status Conference or Rule to Show Cause hearing following the filing and submission of the Motion to Obtain a Hearing will be filed with the Department of Court Records, and the Department of Court Records shall serve the Order upon the parties pursuant to Pa.R.C.P. 236.(5) Any Motion to Obtain a Hearing filed pursuant to this Rule shall be served pursuant to Local 703.(6) Any Motion for Alternative Service shall be presented to the General Motions Judge pursuant to the procedures set forth in Local 208.3(a). The Motion shall substantially include the following, consistent with Pa.R.C.P. 430: a. An affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service cannot be made. The affidavit shall set forth the movant's good faith effort to locate the respondent(s); good faith efforts include i. Inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265;ii. Inquiries of relatives, neighbors, friends, and employers of the respondent(s);iii. Examinations of local telephone directories, courthouse records, voter registration records, local tax records, local assessment records, and motor vehicle records,iv. A reasonable internet search;v. Lexis Public Records search;vi. Examination of the Allegheny County Orphan's Court/Registry of Wills for any estates filed on behalf of Respondent; andvii. Search for any obituaries of respondent.b. A proposed order with the relief requested which includes posting and publication.