THE COURTS

LYCOMING COUNTY

Amendments to Rules of Civil Procedure; 98-01895

[28 Pa.B. 6073]

Order

   And Now, this 18th day of November, 1998, it is hereby Ordered and Directed as follows:

   1.  Lycoming County Rules of Civil Procedure L212, L216, L1314 and L1920.16 are hereby rescinded.

   2.  Lycoming County Rules of Civil Procedure L212, L216, L1920.16 and L4005 are hereby promulgated.

   3.  Lycoming County Rules of Civil Procedure L227.1, L902, L1301.1, L1302, L1302.1, L1303, L1304, L1304.1, L1306, L1308, L1311 and L1920.42 are hereby revised as indicated on the following:

   4.  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 Pennsylvania Civil Procedural Rules Committee.

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

   e.  Forward one (1) copy to the chairman of the Lycoming County Customs and Rules Committee.

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

   5.  The rules revisions approved by this order shall become effective 30 days after their publication in the Pennsylvania Bulletin.

By the Court

CLINTON W. SMITH,   
President Judge

L212.  Pre-trial Conferences and Trial Scheduling.

   A.  Trial list. Cases may be placed on the trial list in the manner set forth in Lyc. Co. R.C.P. L1007 or, in a case not subject to the requirements of rule L1007, by praecipe filed with the prothonotary.

   B.  Pre-trial conferences.

   (1)  The court administrator shall schedule a pre-trial conference to be held at least fifteen (15) days before the first day of the session of trials during which the case is listed.

   (2)  On or before the date set for the pre-trial conference, each party shall file a pre-trial statement. A copy of the pre-trial statement shall be handed to the judge conducting the pre-trial conference at the time of the pre-trial conference. The pre-trial statement shall be in substantially the following form:

(Caption)	CASE NO. __________
	NAME OF PARTY __________
	ATTORNEY'S NAME __________
	JUDGE __________
	DATE OF PRE-TRIAL __________

LYCOMING COUNTY CIVIL PRE-TRIAL STATEMENT

   1.  List all parties and counsel to the action.

   2.  Brief narrative statement of the submitting party's version of the case. Attach any helpful diagram.

   3.  Legal theory of liability. List those theories upon which you will rely, as each party may be limited to those theories at trial.

   4.  If there is a counterclaim, set forth the theory of liability and contentions on damages.

   5.  If an agreement is involved in this action is it written or oral? ______ . Quote the provisions of the agreement which are central to this dispute.

   6.  Damages--List types and amounts of damages claimed.

   7.  Names of witnesses:

   (a)  Definite witnesses and scope of testimony (liability, damages or both).

   (b)  Possible witnesses and scope of testimony (liability, damages or both).

   8.  Expert witnesses--List name and speciality and attach all expert reports.

   9.  Exhibits--list all exhibits and indicate whether or not they have been shown to opposing counsel. Each party may be limited to the use of the listed exhibits at trial.

   10.  Scheduling--List any unusual scheduling problems which are anticipated.

   11.  Requested stipulations (Qualifications of experts, admissibility of documents without custodian, special damages, etc.).

   12.  Unusual legal issues--issues on which trial briefs should be required.

   13.  Has there been a timely demand for a jury trial? Yes ____ No. ____ . Number of jurors demanded? ____ 8 ____ 12.

   14.  Estimated time to try.

   15.  Outstanding motions:

   16.  Counsel are required to be prepared to inform the court of the demand and offer and to discuss settlement. (Party must be available in person or by phone at the time of pre-trial conference for purpose of settlement discussions).

   17.  Miscellaneous--List any matter which you feel is important but which has not been covered.

   C.  Listing of cases. One week before the session of trial commences, the court administrator shall serve upon all counsel (and parties not represented by counsel) a final list of cases to be tried during the term. The listing will have prior approval from the trial judge.

   D.  Re-pretrials of continued cases. Where a continuance is allowed (see Lyc. Co. R.C.P. L216) after pre-trial conference, the case will be rescheduled for trial. A re-pretrial conference will be held. At any such re-pretrial conference, the pretrial memorandum previously submitted shall be updated if appropriate, but otherwise need not be resubmitted.

   E.  Striking cases from trial list. Cases listed for trial shall remain so listed until settled of record, or until a verdict, adjudication or nonsuit is entered, or unless removed by order of court.

L216.  Continuances.

   A.  Time limitations. Applications for continuance under Pa.R.C.P. No. 216 shall be submitted no later than the time set for pre-trial conferences.

   B.  Prior commitments of counsel. No continuances will be granted by reason of prior commitment of counsel in any court, state or federal, where such commitment was reasonably foreseeable and counsel has not made a reasonable attempt to secure substitute counsel.

   C.  Form. All requests for continuances of any matter before the court or board of arbitration shall be made in writing on a form supplied by the district court administrator. Any such request shall be filed with the prothonotary and be immediately forwarded to the court administrator.

L1920.16.  Bifurcation.

   A.  A praecipe to transmit record requesting entry of a divorce decree under Domestic Relations Code § 3301(c) or § 3301(d) should not be filed prior to the resolution of all other claims raised unless an order has been entered permitting bifurcation or the other party consents to bifurcation. The filing party must indicate in the praecipe to transmit that either, (1)  there are no outstanding claims, or (2)  bifurcation has been consented to by the other party, as verified by an affidavit attached to the praecipe to transmit, or approved by court order, a copy of which is attached to the praecipe to transmit. Where the other party does not consent to bifurcation, a request for bifurcation shall be made by motion in accordance with the procedure set forth in Lyc. Co. R.C.P. L206, and may be referred by the court, in its discretion, to the family court hearing office for hearing thereon.

   B.  A motion for appointment of master to hear a claim for divorce on ''fault'' grounds may include a request for bifurcation. If such a request is included, the master shall rule on both the claim for divorce and the request for bifurcation. If both are granted, the master shall forward to the court a proposed decree, retaining jurisdiction of all outstanding claims. If the request for bifurcation is denied, assuming the claim for divorce is granted, no decree shall be entered until all remaining claims are resolved.

L4005.  Interrogatory Limits.

   In the case of interrogatories served pursuant to Pa.R.C.P. No. 4005, the first set of interrogatories propounded to a party may not exceed fifty (50) in number, including subparts, whether or not they are separately numbered. In the event that the response given to the first set of interrogatories is considered by the requesting party to indicate a need for additional interrogatories, a second set of interrogatories, limited to fifty (50) including subparts, may be served upon a party. The second set of interrogatories must be case specific. The responding party shall not be compelled to answer any interrogatories beyond the number allowed under this rule. The court may, in its discretion, allow additional interrogatories to be served in an appropriate case.

L227.1.  Post-Trial Relief. Any motion for post-trial relief shall be filed in accordance with Lyc. Co. R.C.P. L206. [duplicate with one copy being forwarded by the prothonotary to the court administrator

   NOTE: This rule was derived from former Lyc. Co. R.C.P. L252. The remaining portions of Rule L252 that have not been carried over into Rule L227.1 have been superseded by Pa.R.C.P. 227.1.]

L902.  Appeal [as Supersedeas] of a District Justice Judgment for Possession of Real Property.

   A.  [In lieu of bond, a party against whom a district justice has entered a judgment for the possession of real property may make rental payments becoming due during the court common pleas proceedings by depositing with the prothonotary an amount equal to the rental payments due in the month the appeal is taken and thereafter the tenant shall make each succeeding rental payment to the prothonotary on the date payment is due under the lease agreement, or on the first following business day. If the appellant files a bond or is permitted to deposit rental payments with the prothonotary in lieu of a bond, the prothonotary shall make upon the notice of copies a notation that it will separate as a supersedeas when received by the district justice.] A landlord's application under Pa.R.C.P.D.J. No. 1008B for the payment of sums deposited with the prothonotary shall be in the form of a motion and shall comply with Lyc. Co. R.C.P. L206.

   [B.  The failure of the tenant to make payments when and as required by subsection A of this rule shall operate as a termination of the supersedeas.

   C.  In the event the supersedeas has been terminated by virtue of the failure of the tenant to make payments when and as required, the prothonotary, upon praecipe of the party or whose behalf the district justice entered the judgment for possession, shall issue a notice of termination of the supersedeas which will evidence the termination of the supersedeas when received by the district justice.

   D.  At the conclusion of the proceedings or upon termination of the supersedeas, payments under this rule shall, by order of court, be applied to the payment of any judgment, including costs, against the tenant, with any excess deposits refunded to the tenant.

   E.]B.  At any stage of the proceedings following the filing of any appeal, either party may make an application for relief to the court, where relief is sought from scheduled payments, for special or unusual expenses, or to resolve other matters related to the appeal. The matter shall be heard within [five (5)] fourteen (14) days of filing.

   [F.  Allowance of in forma pauperis status by the court shall not relieve tenant from payments under this rule.]

L1301.1.  Agreement of Reference. Cases, whether or not in litigation, regardless of the amount in controversy, may be heard by a board of arbitration upon agreement of counsel for all parties in the case. Such agreement shall be evidenced by a writing signed by counsel for all sides and shall be filed with the prothonotary, who will forward a copy to the court administrator. Said agreement shall define the issues involved for determination by the board and [when agreeable,] shall also contain any stipulations with respect to facts. In such cases, the agreement shall take the place of the pleadings in the case and be filed of record.

L1302.  List of Arbitrators.

   A.  The court administrator shall keep a current list of all members of the bar qualified and willing to act as arbitrators.

   B.  Any attorney not wishing to serve as an arbitrator shall notify the court administrator in writing.

   C.  An attorney may remove his or her name from the arbitrators list [provided that] and such resignation shall not affect his or her obligation or qualification to serve as an arbitrator upon any case to which he or she has been appointed by the court.

L1302.1.  Selection of Arbitrators.

   A.  Upon receipt of a praecipe, the court administrator shall nominate from the list of attorneys a board of potential arbitrators. The nominations shall be made at random, except where an attorney is excused by reason of incapacity, illness, or other disqualification. No more than one member of a family, firm, professional corporation, or association shall be nominated to serve on one potential board.

   B.  [In cases where the amount in controversy is more than two thousand ($2,000) dollars, the] The court administrator shall nominate to the potential board [three (3)] four (4) attorneys plus three (3) attorneys for each party involved. The list of attorneys nominated to the potential board shall be sent by the court administrator to each party or his or her attorney [within five (5) days of the receipt of the praecipe]. Each party in the case or counsel for each party may strike off up to three (3) attorneys so named and return the list to the court administrator within five (5) days of receipt. If any or all parties strike the same name or fail to exercise their right to strike off three names from the potential board, the first three (3) remaining names will make up the board of arbitrators. The fourth listed attorney shall become an alternate arbitrator, who will serve only if one of the first three is unable to serve or is disqualified from serving.

   [C.  In cases where the amount in controversy is two thousand ($2,000) dollars or less, the court administrator shall nominate a list of three (3) attorneys plus one (1) attorney for each party involved. The list of attorneys nominated to the potential board shall be sent by the court administrator to each party or his attorney within (5) five days of the receipt of the praecipe. Each party in the case or counsel for each party may strike off one (1) attorney so named and return the list to the court administrator within five (5) days of receipt. If both or all parties strike the same name or no name from the list, the first three (3) remaining names will make up the board.

   [D.]C.  As soon as the court administrator receives that returned list from the parties (or after five (5) days if a list is not returned) each arbitrator and the alternate shall be notified of his or her selection. A final board list shall be sent to the parties or their attorneys.

L1303.  Scheduling of Hearings.

   A.  The court calendar shall reflect that two rooms will be reserved for at least two days out of each month, for the purpose of holding simultaneous arbitration hearings, to the extent that there are cases to be heard.

   B.  Upon the receipt of a praecipe, pursuant to L1301, the office of the district court administrator shall schedule the case to be arbitrated for a one-half day hearing, to commence at either nine o'clock a.m. or one o'clock p.m., in one of the two rooms reserved.

   C.  After having been identified as a member of an arbitration panel under the methods set forth previously in L1302.1, and after having been scheduled to serve on an arbitration panel on a date certain, pursuant to B above, should an arbitrator be unable to serve due to a conflict of interest, conflict in scheduling, or other such reason, it shall be that panel member's responsibility [to make a reasonable effort to find a potential substitute. The panel member will then identify the potential substitute to each party, or their representatives, who will then communicate their concurrence or objection in writing to the panel member seeking to be substituted within five days.] to notify the district court administrator who shall then advise the alternate of his or her substitution. If further substitution is required, the district court administrator shall select an arbitrator.

L1304.  Arbitrator's Questions. [Conduct of Hearings. The conduct of all hearings, generally and with respect to the admissibility of evidence, shall be as set forth in Pa.R.C.P. Nos. 1304, 1305 and 1308(a).] Arbitrators shall exercise reasonable restraint in the questioning of witnesses. [Witness fees shall be taxed as costs, as in other actions.]

L1304.1.  Continuances.

   A.  Continuances shall be granted only by court order for good cause shown on notice sent by the court administrator to the parties and the court. Requests for continuances shall be submitted in writing on forms provided by the court administrator. An application for continuance should be filed not later than three (3) days prior to the scheduled date for the arbitration hearing.

   B.  Upon failure of a party to appear at a scheduled arbitration hearing, the arbitrators shall proceed ex parte and render an award on the merits.

L1306.  Awards. [A.]  After the case has been heard, the arbitrators shall make their [report] award, [which shall be signed by at least a majority of them. An award must be submitted] within ten (10) days after the day of the hearing or the last adjournment thereof.

   [B.  The award shall be transmitted through the court administrator for filing with prothonotary.

   C.  The prothonotary shall enter the award of the arbitrators in the appearance docket and shall index the same in the judgment index. If an appeal is taken, the prothonotary shall notify the court administrator, who shall place it on the next pre-trial list.

   D.  Upon the award being indexed, the prothonotary shall give immediate written notice of the award to all the parties or their attorneys by regular mail.]

L1308.  Compensation for Arbitrators.

   A.  Each of the three members of an arbitration panel shall receive compensation in the amount of $100.00 per case for which the member serves as an arbitrator. A substitute arbitrator who does not serve shall receive $50.00.

   B.  Each arbitrator shall be entitled to receive additional compensation at the rate of twenty-five ($25.00) dollars per hour in any case in which the actual time spent in the hearing exceeds three and one-half (3½) hours.

   C.  Upon the filing of the board's report or award, the prothonotary shall certify to the county controller that the report or award, if any, has been filed, together with the names of the members of the board serving in the case. The county shall then pay the aforesaid fee to each member of the board serving on the case in accordance with subsection A of this rule.

   D.  In the event that a case shall be settled or withdrawn or otherwise terminated by or between the parties at any time prior to the date scheduled for hearing, the board members shall not be entitled to the aforesaid fee. If the case is settled, withdrawn, or otherwise terminated by or between the parties, on the date scheduled for hearing but prior to the scheduled starting time, the panel members shall be entitled to one-half (½) of the base fee as set forth in subsection A of this rule. The attorney for the plaintiff in all cases which are settled, withdrawn, or otherwise terminated at any time prior to the arbitration hearing shall notify the court administrator, who will then in turn file with the prothonotary the appropriate award form indicating disposition of the case and the amount of compensation due members of the arbitration board.

L1311.  Appeals.

   [A.  Any party to the proceeding may appeal from the decision or award of the arbitrators to the court of common pleas, upon repayment to the county of the fees of the members of the board. Said appeal shall be taken not later than thirty (30) days after the date of the entry of the award of the arbitrators on the docket. Repayment to the county of the fees of the members of the board shall not be taxed as costs or be recoverable in any proceeding. A de novo appeal shall be allowed as a matter of course upon the filing of the affidavit of appeal and recognizance, and upon the aforesaid repayment of the arbitrator's fees.

   B.]  The prothonotary shall notify the court administrator of all appeals from arbitration. All arbitration appeals shall immediately be scheduled for pre-trial conference and trial by the court administrator at the earliest practical date.

   [C.  If no appeal is filed within thirty (30) days, judgment shall be taken on the award.]

L1920.42.  Affidavit and Decree Under [Sections 3301] § 3301(c) or [3301]§ 3301(d) of the Domestic Relations Code.

   A.  A copy of the praecipe to transmit record, proposed divorce decree and notice that decree will be entered [shall be served upon opposing counsel or party and a certificate of service shall be filed] (unless notice has been waived under Pa.R.C.P. [Any objection to the entry of the final decree shall be in writing and filed within ten (10) days from the date the praecipe is filed. A hearing on the objection may be scheduled before the court or a master or hearing officer as the court deems appropriate] No. 1920.42(e) shall be served upon opposing counsel or party and a certificate of service shall be filed.

   B.  If related claims are resolved by means of a written agreement between the parties, a copy of the agreement may be attached to the praecipe to transmit record along with an appropriate proposed decree. If related claims are pending, the attached proposed decree shall contain a provision reserving the court's jurisdiction over the unresolved issues.

   C.  A decree will not be entered unless the appropriate administrative fee has been paid to the prothonotary or the court has granted leave to proceed in forma pauperis.

[Pa.B. Doc. No. 98-2023. Filed for public inspection December 11, 1998, 9:00 a.m.]

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