Title 231--RULES OF
PART I. GENERAL
[231 PA. CODE CH. 1000]
Proposed Amendments Relating to Entry of Appearance and Civil Cover Sheet; Proposed Recommendation No. 155
[29 Pa.B. 3714]
The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1012 governing entry of appearance be amended and that new Rule 1012.1 governing civil cover sheet be adopted. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.
All communications in reference to the proposed recommendation should be sent not later than September 1, 1999 to Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055 or E-Mail to firstname.lastname@example.org.
The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1000. ACTIONS AT LAW
Subchapter A. CIVIL ACTION VENUE AND PROCESS
Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.
(a)(1) A party [may] shall enter a written appearance which shall state an address within the Commonwealth at which papers may be served. Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.
Official Note: See subdivision (c) for the form of the entry of appearance.
(2) The appearance shall be the first document filed by a party or a part of the first document. When part of the first document, the appearance shall be the first page of the document unless the document is one which begins with a Notice to Defend in which case the appearance shall be the second page.
Official Note: [Entry of a written appearance is not mandatory.] Subdivision (a) is concerned with the entry of an appearance by a party. However, the appearance usually will be by an attorney representing the party.
The initial appearance by or on behalf of a plaintiff may only be filed as a part of the first document filed since an action may be commenced only by a praecipe for a writ of summons or by a complaint. The appearance by or on behalf of a plaintiff may be included as part of the cover sheet required by Rule 1012.1.
(b) An attorney's appearance for a party may not be withdrawn without leave of court unless another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys does not delay any stage of the litigation.
(c) The appearance shall be substantially in the following form:
Entry of Appearance
To the Prothonotary:
Kindly enter my appearance on behalf of _________________.
Papers may be served at the address set forth below.
_________________ Attorney for Party Named Above and Identification Number _________________ Firm _________________ Address _________________ City, State, Zip Code _________________ Telephone Number _________________ Fax Number for Service of Papers (Optional) _________________ E-mail address for Service of Papers (Optional)
Rule 1012.1. Cover Sheet.
(a) The first document filed in an action by the plaintiff shall have attached thereto a cover sheet substantially in the form prescribed by subdivision (b). The cover sheet shall be the first page of the document unless the document is one which begins with a Notice to Defend in which case the cover sheet shall be the second page.
(b) The cover sheet shall contain the case designation list set forth in the form prescribed by subdivision (c). The prothonotary shall note on the docket the applicable case designation as checked on the cover sheet.
Official Note: While the cover sheet is to be ''substantially'' in the form prescribed by subdivision (c), the case designations set forth in the case designation list are mandatory.
(c) The cover sheet shall be substantially in the following form:
______ County Court of Common Pleas
CIVIL COVER SHEET AND ENTRY OF APPEARANCE
1. Case Caption: 2. Plaintiff(s)
(Name and address)
(Name and address)
4. Plaintiff's Counsel
(Name, firm, address, telephone number and
attorney ID number. Fax number and E-mail
address for service of papers are optional.)
5. Related Cases? __ Yes __ No
If yes, show Caption and Case Numbers
Case subject to Coordination Order? __ Yes __ No
If yes, show Caption and Date of Order
6. Compulsory Arbitration? __ Yes __ No
(Jurisdiction for Compulsory Arbitration is $ _____ )
7. Entry of Appearance To the Prothonotary: Kindly enter my appearance on behalf of ______ , (a) plaintiff in this action. Papers may be served at the address set forth above. _________________
Attorney for Party Named Above
8. Case Description (Choose only the one description which best reflects the principal type
of case or relief sought, from the list on the reverse side of this sheet)
Appeal Actions commenced by Writ of Summons or Complaint Minor Court Money Judgment ____ Contract ____ Landlord and Tenant ____ Tort ____ Code Enforcement ____ Assault and Battery ____ Other: ______ ____ Libel and Slander ____ Negligence Local Agency Motor Vehicle ____ Civil Service ____ Real Property ____ Motor Vehicle Product Liability ____ Licenses and Toxic Tort Inspections ____ Asbestos ____ Liquor Control Board ____ DES ____ Tax Assessment Boards ____ Implant ____ Zoning Board ____ Toxic Waste Other: ______ ____ Other: ______ ____ Professional Malpractice Other: ______ ____ Dental ____ Legal ____ Medical ____ Proceedings commenced by Other: ______ ____ Petition Equity Real Property ____ Appointment of Arbitrators ____ Other: ______ ____ Change of Name ____ Declaratory Judgment ____ Compel Medical Examination ____ Mandamus ____ Election Matters ____ Real Property Eminent Domain ____ Ejectment ____ Leave to Issue Subpoena ____ Quiet Title ____ Mental Health Proceedings ____ Mortgage Foreclosure ____ Other: ______ ____ Mechanics Lien ____ Partition ____ Prevent Waste ____ Replevin ____ Other: ______ ____
Judges and prothonotaries have complained of the difficulty of determining the counsel of record for a party. Rule 1012(a) governing entry of appearance has added to this difficulty as it provides for the permissive rather than mandatory filing of an entry of appearance.
It is proposed that Rule 1012 be amended to provide for a mandatory entry of appearance and for a form of the entry of appearance. The entry of appearance may be a separate document or part of the first document filed by a party. It will be the first page of the document unless the document is a complaint with a notice to defend when it will follow the notice to defend as the second page.
It is also proposed that there be a cover sheet attached to the first document filed in an action. This is a requirement which already exists in many counties. The proposed cover sheet will provide specified information for the benefit of the court in which the action is commenced. In addition, the information so obtained will be uniform throughout the Commonwealth enabling the Administrative Office of Pennsylvania Courts to develop information and statistics on a statewide basis. To this end, proposed Rule 1012.1(b) requires the prothonotary to enter on the docket the case designation checked by the plaintiff on the cover sheet.
By the Civil Procedural
EDWIN L. KLETT,
[Pa.B. Doc. No. 99-1120. Filed for public inspection July 16, 1999, 9:00 a.m.]
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