THE COURTS

LYCOMING COUNTY

Amendments to Rules of Civil Procedure; No. 97-00100

[27 Pa.B. 6183]

Order

   And Now, this 3rd day of November, 1997, it is hereby Ordered and Directed as follows:

   1.  Lycoming County Rule of Civil Procedure L218 is hereby rescinded.

   2.  Lycoming County Rule of Civil Procedure L1007 is hereby promulgated as indicated in the following.

   3.  The Prothonotary is directed to:

   a.  File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.

   b.  Distribute two (2) certified copies of this order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   c.  File one (1) certified copy of this order with the Civil Procedural Rules Committee.

   d.  Forward one (1) copy of this order to the Lycoming Reporter for publication therein.

   e.  Keep continuously available for public inspection copies of this order.

By the Court

CLINTON W. SMITH,   
President Judge

L1007.  Commencement of Action. Case Scheduling.

   A.  This rule applies to all civil actions, except domestic relations cases and those types of actions excepted under subsection B of this rule, whether commenced by complaint or writ of summons.

   1.  When filed, every complaint, writ of summons or appeal from the decision of a local administrative agency, shall be accompanied by two copies of a civil action cover sheet which shall be substantially in the following form:

Plaintiff;	:	IN THE COURT OF COMMON PLEAS
	:	LYCOMING COUNTY, PENNSYLVANIA
vs.	:
	:	NO.
Defendant;	:
	:	CIVIL ACTION--LAW

CIVIL ACTION COVER SHEET

   1.  The above captioned civil action should be processed as follows for purposes of civil case management and the issuance of a case scheduling order;

   (Check one of the following)

   ______   ARBITRATION (Damages of $25,000 or less)

   ______   NORMAL TRACK

   ______   COMPLEX TRACK

   ______   ADMINISTRATIVE TRACK--List for trial under rule L1007B.

   2.  This matter was commenced by ______ Complaint ______ Writ of Summons.

   __________________________________
(Date)(Filing party or attorney)

Order

   AND NOW, this ______ day of _________________ , ______ , the case scheduling conference is scheduled for _________________ , at ____ AM/PM, in courtroom number ______ . PLAINTIFF SHALL IMMEDIATELY SERVE A COPY OF THIS ORDER UPON ALL DEFENDANTS OR THEIR ATTORNEYS. PLAINTIFF SHALL INITIATE DISCUSSIONS ON A CASE SCHEDULING ORDER, IN COMPLIANCE WITH LYC. CO. R.C.P. L1007. A PROPOSED CASE SCHEDULING ORDER MUST BE FILED NO LATER THAN FOURTEEN DAYS BEFORE THE SCHEDULED CONFERENCE. [Or, where the case is governed by rule 1007Bl use the following language: AND NOW, this ______ day of ______ , ______ , the court administrator is directed to place this case on the next trial list occurring more than 90 days after the date of this order.]

By the Court,
___________________________
J.

cc: Court Scheduling Technician

   2.  After the cover sheet is filed the prothonotary shall note the docket number thereon and immediately forward one copy to the court administrator who shall, within thirty (30) days,

   a.  assign a judge,

   b.  set a case scheduling conference for no sooner than ninety (90) days after the filing of the complaint or writ of summons and have a judge execute the order on the civil action cover sheet, and

   c.  return the executed scheduling order to the prothonotary for transmission of a copy of the order to plaintiff's lawyer (or plaintiff if unrepresented). The order shall set forth the date of the conference and detail the party's obligations under this rule.

   3.  Upon receiving the executed order plaintiff's attorney (or plaintiff if unrepresented) shall immediately serve a copy of the order upon all counsel or unrepresented parties.

   4.  In a case where all parties are represented by counsel, counsel shall make every effort to agree to a case scheduling order prior to the date of the case scheduling conference. Any such agreed upon order shall be filed, along with a Rule L206 Cover Sheet, no later than fourteen (14) days prior to the date scheduled for the case scheduling conference. The attorney for plaintiff shall be responsible to initiate the effort to secure agreement on an order.

   5.  If a case scheduling order is agreed upon, it shall establish a proposed trial date, as well as deadlines for discovery, dispositive motions and for the exchange of expert reports. The proposed order shall be substantially in the following form:

Plaintiff;	:	IN THE COURT OF COMMON PLEAS
	:	LYCOMING COUNTY, PENNSYLVANIA
vs.	:
	:	NO.
Defendant;	:
	:	CIVIL ACTION--LAW

   AND NOW, this ______ day of _________________ , ______ upon agreement of the parties, it is hereby ordered and directed as follows:

   1.  This jury ______ , non-jury ______ case will be processed as a normal ______ complex ______ track case. [or] This is an arbitration limits case ______ .

   2.  The case will be placed on the ______ trial list [or] listed for arbitration on ______ .

   3.  The cut off date for discovery is _________________ .

   4.  Expert reports to be exchanged by: plaintiff _________________ ; defendant _________________ .

   5.  The last day to file dispositive motions is _________________ .

   6.  The parties agree ______ , do not agree ______ to use alternative dispute resolution.

   7.  The case scheduling conference scheduled for _________________ is canceled.

By the Court,
___________________________
J.

cc: Court Scheduling Technician

   6.  The agreed upon trial date shall ordinarily comply with the following guidelines:

   a.  Arbitration limits case--the arbitration to occur within six (6) to twelve (12) months after the first defendant is served.

   b.  Normal track--the trial to occur between twelve (12) and fifteen (15) months after the first defendant is served. Most cases will be considered normal.

   c.  Complex track--the trial to occur between eighteen (18) and twenty-four (24) months after the first defendant is served.

   7.  Case Scheduling Conference.

   a.  The case scheduling conference will occur as scheduled if:

   a.  the parties can not agree to a case scheduling order;

   b.  the court does not accept the parties' proposed case scheduling order; or

   c.  the proposed order is not filed in a timely manner.

   After the case scheduling conference, the court shall issue a case scheduling order.

   b.  Any party may, at any time, file a written request for a case scheduling conference if it appears that a revision of the case scheduling order is required.

   B.  Exceptions--Administrative Track. The procedures set forth in subsection A above shall not apply to mortgage foreclosure cases, landlord/tenant cases appealed from a decision of a district justice or appeals from administrative agencies. Actions of this type shall be governed by the procedures set forth in this subsection.

   1.  In all actions governed by this subsection, the parties shall comply with the requirements of subsection A.1. The ''Civil Action Cover Sheet'' shall include a request for the court to list the action for trial and shall include an order directing the court administrator to list the case in accordance with this subsection.

   2.  When directed to list an action for trial under this subsection, the court administrator shall place the action on the list for the first trial term occurring more than ninety (90) days after the order is executed.

[Pa.B. Doc. No. 97-1892. Filed for public inspection November 28, 1997, 9:00 a.m.]

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