MEETING MINUTES

August 3, 2009

Attendance

Present were: Judge Butts, Judge Anderson, Judge Gray, Richard Callahan, Robert Cronin, Jennifer Heverly, William Knecht, Clifford Rieders, J. Michael Wiley, and Ed Mitchell.

Discussion included:

Judicial Coverage in Courtroom #5:  Family Law matters in Courtroom #5 are presently being handled by Senior Judge Clinton Smith, Senior Judge Kieser and judges from the Judicial Administrative Unit. Scheduling is complete through June.

Family Court:  Judge Brown met with attorneys interested in family law matters. Areas of discussion included concerns previously expressed in this committee and communicated to Judge Brown by Cliff Rieders and Bob Elion of this committee. Areas included assignments between judges and family court hearing officers and advance identification of judges who will be handling custody hearings. It was reported that both concerns have been addressed.

Case Flow Monitoring:  A new rule has been adopted with does away with case management conferences. The new rule is Lycoming County Local Rule L205.2. It requires the filing by the plaintiff or appellant of a case monitoring notice within ten days after the answer in a mortgage foreclosure action or credit card collection or forfeiture action with the filing of a notice of appeal in administrative agency appeal and with the filing of a complaint in a general civil case. The notice results in the issuance of an order establishing trial term and intermediate deadlines by the court. If a party is not satisfied with the deadlines, a motion for revision is necessary.  Concern was expressed that the monitoring notice ought to specify the nature of the case in a general civil case and the court ought to take into consideration the nature of the case in assigning the trial term and intermediate deadlines.

Preliminary objections in mortgage foreclosure actions and credit card collection actions:  There was discussion concerning how preliminary objections are being handled in mortgage foreclosure actions and credit card collection actions. Concern was expressed by several members of the committee that the court should require an adequate record establishing the formation of the contract, any assignments thereof, the debt and the calculation thereof and the default before the case is permitted to proceed past preliminary objections.

Judicial Evaluations:  The Lycoming Law Association will conduct judicial evaluations of the four judicial candidates prior to the primary.

IFP Proceedings in District Justice Courts:  The court has met with the district justices and explained to them their obligation to consider petitions for in forma pauperis by applicants in matters being handled by the district justices.

 Future Meetings:  Meetings for the remainder of the year are scheduled for: June 3 and November 2, 2009.

Respectfully submitted,

C. Edward S. Mitchell, Chairman