THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 98 Miscellaneous 1998

[28 Pa.B. 6077]

Adopting Order

   Now, this 17th day of November, 1998, it is hereby Ordered:

   1.  The following designated Somerset County Rules of Judicial Administration (Som. R.J.A.) following hereto, are hereby adopted as Rules of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin:

Som. R.J.A. 4010	Dockets For Proceedings In Civil Division
Som. R.J.A. 4020	Clerk Of Court's Dockets
Som. R.J.A. 4030	Juvenile Cases
Som. R.J.A. 4040	Numbering. Combined Numbering
Som. R.J.A. 4041	Filing Of Schedules And Trial Lists
Som. R.J.A. 4050	Captions
Som. R.J.A. 4060	Docket Entries

   2.  The Somerset County Court Administrator shall:

   A.  File ten (10) certified copies of this Order with the Administrative Office of 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; and

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

RULES OF COURT

Records Of The Court--Dockets

Som. R.J.A. 4010.  Dockets For Proceedings In Civil Division.

   A.  Civil Docket.

   1.  Every adverse proceeding at law or in equity, whether in the form of an action, motion, petition or other application which seeks or requires court action for its completion, shall be entered only in the Civil Docket, except (i) proceedings required to be entered in the divorce, judgment, mechanics lien, domestic relations, older adults or miscellaneous dockets; and (ii) proceedings incidental to a proceeding filed in the divorce, judgment, mechanics lien, Domestic Relations, older adults or miscellaneous dockets, which shall be entered only in the docket of the proceeding to which it is incidental.

   Note: For example, a petition to open a confessed judgment, and a writ of execution upon a confessed judgment are incidental to the confession; similarly, a motion for the appointment of a master in divorce is incidental to the divorce action.

   (Formerly R-46-110).

   2.  All execution proceedings shall be docketed in the Civil Docket as part of the civil action in which execution is issued, and all execution papers shall be captioned and filed as part of such civil action. Executions shall continue to be noted in the judgment index as heretofore.

   Note: Verdicts will be entered in the judgment index, if for payment of money.

   (Formerly R46-107).

   3.  All petitions for the appointment of viewers filed pursuant to Article V, § 502 of the Eminent Domain Code, (26 P. S. § 1-502) shall be docketed in the Civil Docket. A docket entry shall be made on the Civil Docket referring by docket number to the declaration of taking.

   (Derived from former R21-102).

   Note: The Civil Docket was formerly known as the Continuance Docket. The name change was effected by former Local Rule R46-101, adopted September 2, 1970, effective January 1, 1971, No. 40 Miscellaneous 1970.

   The Equity Docket was abolished by former Local Rule R46-109, adopted November 21, 1973, effective January 1, 1974, No. 55 Miscellaneous 1973. All equity proceedings are entered only in the Civil Docket and shall continue to be indexed as heretofore.

   B.  Judgment Docket.

   1.  The Judgment Docket shall contain: (i)  all proceedings for the entry of judgment by confession, whether or not for money, pursuant to an instrument authorizing such confession; and (ii)  all proceedings for the entry of judgment by transfer, transcript, exemplification or similar procedure.

   2.  Such proceedings shall not otherwise be docketed but they shall continue to be indexed as heretofore.

   Note: See Pa. R.C.P. 3001, et seq. governing transfer of judgments between counties. See, also, 23 Pa.C.S.A. § 4352(d) (support arrearages); 42 Pa.C.S.A. § 9728 (restitution, fines, costs, etc. in criminal proceedings).

   Verdicts will be entered in the judgment index, if for payment of money.

   (Formerly R46-108).

   C.  Divorce Docket.

   The Divorce Docket shall contain all actions of divorce and actions for annulment of marriage. Such actions shall not be entered in the Civil Docket or any other official docket of the court. Such actions shall continue to be indexed in the ejectment and miscellaneous index as heretofore.

   Note: Ancillary claims for support and alimony pendente lite will be docketed in the Domestic Relations Section's docket when the separate complaint is filed with the Domestic Relations Section, as required by Som. R.C.P. 1920.31.

   (Formerly R46-106).

   D.  Mechanics Lien Docket.

   The Mechanics Lien Docket shall contain the record of mechanics lien proceedings.

   E.  Miscellaneous Docket.

   1.  Non-adverse or ex parte proceedings shall be entered in the Miscellaneous Docket, unless otherwise provided by rule of court or special order.

   2.  Returns of tax sales by the Tax Claim Bureau, filed for confirmation according to law, shall be filed in the Miscellaneous Docket. See 72 P. S. 5860.607.

   3.  A declaration of taking in eminent domain, although adverse, shall be filed in the Miscellaneous Docket.

   Note: A non-adverse or ex parte proceedings is one which involves only the party or parties filing it. See C.J.S. Actions. As indicated in the foregoing Rule, returns of tax sales and declaration of taking in eminent domain are to be filed in the Miscellaneous Docket by specific direction contained in this Rule.

   (Formerly R46-111 and R46-112).

   F.  Domestic Relations Docket.

   All support and non-support proceedings shall be entered in a separate docket which shall be known as ''Domestic Relations Docket'', which shall be maintained by the Domestic Relations Section.

   (Formerly R46-103).

   G.  Older Adults Protective Services Docket.

   All proceedings under the Older Adults Protective Services Act, 1987, November 6, P. L. 381, No. 79 § 1 et seq., 35 P. S. § 10225.101 et seq., as amended, shall be entered in a docket designated ''Older Adults Protective Services Docket''.

   Note: See Som. R.C.P. 1908 governing proceedings under the Older Adults Protective Services Act.

Som. R.J.A. 4020.  Clerk Of Court's Dockets.

   A.  Criminal Docket.

   The Criminal Docket shall contain all criminal adversary proceedings.

   Note: The Criminal Docket was formerly comprised of the Oyer and Terminer and Quarter Sessions Dockets, which were combined into a single Criminal Docket by former Local Rule R46-102, adopted September 2, 1970, effective January 1, 1971, 40 Miscellaneous 1970.

   B.  Special Docket.

   The Special Docket shall contain all proceedings not otherwise docketed in the office of the Clerk of Courts.

   (Formerly R46-104).

   Note: The Special Docket was formerly known as the Miscellaneous Docket. The name change was effective by former Local Rule R46-104, adopted September 2, 1970, effective January 1, 1971, 40 Miscellaneous 1970.

   Road and bridge cases filed in the office of the Clerk of Courts are entered in the Special Docket. The former road and bridge docket was abolished by former Local Rule R46-118, adopted December 20, 1977, effective January 1, 1978, No. 15 Miscellaneous 1977.

   See, also, Som. R.C.P. 207.2 pertaining to pleadings and orders in road and bridge cases.

Som. R.J.A. 4030. Juvenile Cases.

   Custody of the dockets and official file papers of the Juvenile Court shall be with the Probation Department which shall be responsible for the care and safekeeping of the records, making docket and index entries, maintaining the docket and indices in current condition, taking and keeping minutes of Juvenile Court sessions, and otherwise handling and maintaining the records as required by these Rules or by a special order of court.

   (Formerly R46-113).

Som. R.J.A. 4040. Numbering. Combined Numbering.

   A.  All proceedings shall be numbered consecutively, beginning each calendar year with number one, without use or reference to terms or sessions of court.

   (Formerly R46-105).

   B.  Each case or separately captioned proceeding shall be assigned a separate docket number in the appropriate docket, except that all filings during the calendar year shall be filed and docketed to a single number for that year in the following proceedings:

   1.  Consolidated Rules of Court (Miscellaneous Docket);

   2.  Civil Trial Lists and Civil Trial Schedules (Miscellaneous Docket);

   3.  Argument Court Schedules (Miscellaneous Docket);

   4.  Criminal Trial Lists and Criminal Trial Schedules (Special Docket);

   5.  Juvenile Court Schedules (Miscellaneous Docket);

   6.  Appointment Orders, judicial staff (Miscellaneous Docket);

   7.  Appointment Orders, public officers (Miscellaneous Docket), except election officers;

   8.  Election Orders, including appointments of election officers (Special Docket);

   9.  Office and Duty Schedules, District Justices (Special Docket);

   10.  District Justice Assignment Orders (Special Docket);

   11.  Jury Precepts and Venires, civil juries (Miscellaneous Docket); and

   12.  Jury Precepts and Venires, criminal (petit juries) (Special Docket).

   (Formerly R46-120).

Som. R.J.A. 4041.  Filing Of Schedules And Trial Lists.

   A.  The Administrator shall file a copy of each Civil Trial List and a copy of each Civil Trial Schedule, to the Miscellaneous Docket. All such Lists and Schedules issued for trial sessions of the calendar year shall be filed in that year to a single docket number.

   (Formerly R46-701).

   B.  The Administrator shall file a copy of each Argument Court Schedule to the Miscellaneous Docket. All such Schedules issued for Argument Court sessions of the calendar year shall be filed in that year to a single docket number which shall be separate from that used for the Trial Lists and Schedules.

   (Formerly R46-702).

   C.  The Administrator shall file a copy of each Criminal Trial List and a copy of each Criminal Trial Schedule to the Special Docket. All such Lists and Schedules issued for trial sessions of the calendar year shall be filed in that year to a single docket number.

   (Formerly R46-703).

   D.  The Administrator shall file all revised and supplementary Lists and Schedules issued, so that the Docket and the filed papers shall reflect accurately and completely the issued Lists and Schedules for the Civil Trial, Criminal Trial and Argument sessions of the Court.

   (Formerly R46-705).

   E.  Each List and Schedule shall be enclosed in a filing cover which shall be properly endorsed with the caption, docket number, title of the List or Schedule enclosed, and the term and dates of the sessions covered.

   (Formerly R46-706).

Som. R.J.A. 4050.  Captions.

   All actions and proceedings shall be captioned so as to indicate by the docket designation the nature of the proceeding and the place of filing, with the docket to be designated by full docket name or by an appropriate abbreviation as follows:

   A.  Prothonotary's Office:

No.	Civil	19
No.	Divorce	19
No.	Judgment	19
No.	Mechanics	19
No.	Miscellaneous	19
No.	Aging	19

   B.  Clerk of Court's Office:

No.	Criminal	19
No.	Special	19

   C.  Clerk of Orphans' Court:

No.	Adoption	19
No.	Estate	19
No.	Incapacitated Person	19
No.	Marriage	19

   D.  Domestic Relations Office:

No.

Domestic

19

   E.  Probation Office:

No.

Juvenile

19

   (Formerly R46-201).

Som. R.J.A. 4060.  Docket Entries.

   A.  Except in the Orphans' Court Division, the custodian of each docket shall make a record in the appropriate docket of each Court proceeding filed, showing the following:

   1.  A case heading showing the names and designations of the parties, docket number, names of counsel of record, and a marginal notation of costs taxed and paid;

   2.  Each paper or document filed in the case, except that no such entry need be made of orders making special assignment of District Justices (Special Docket);

   3.  A record of distribution of documents, as provided in Som. R.J.A. 400. F.;

   4.  The transmittal to the Court of transcripts by the Prothonotary;

   5.  In eminent domain cases, a cross-reference in the Civil Docket to the Declaration of Taking in the Miscellaneous Docket, as provided in Som. R.J.A. 4010; and

   6.  Any other fact occurring or action taken concerning the case, as may be desired by the custodian, or as may be specially requested by any party or his counsel upon payment of the prescribed fee.

   B.  Docket entries shall concisely state:

   1.  Date of filing the document;

   2.  Date of occurrence of other fact or action noted;

   3.  Nature of description of document, fact or action noted;

   4.  The information required in Part C of this Rule.

   C.  Docket entries need not state the contents of any document, except:

   1.  Entry of appearance by counsel shall state the name of counsel and shall specify the party for whom counsel appears.

   2.  Final decrees and orders in civil proceedings in the Prothonotary's office, other than divorce decrees, shall be transcribed on the docket in full.

   3.  Entry of the filing of Mechanics Liens and Municipal Claims shall state the name of the municipality in which the land is located.

   4.  In road and bridge proceedings, the final Court Order relocating, altering or otherwise affecting any road or bridge, as prescribed in Som. R.C.P. 207.2, shall be transcribed in full (Special Docket).

   5.  Inactive case docket entries shall conform to Som. R.J.A. 1901.5; and

   6.  The date or dates of service, and the name or names of the persons served, shown in any return, affidavit or acceptance of service shall be stated.

   7.  The contents of any other document as may be requested by any party or his counsel, upon payment of the prescribed fee.

   Note:  Decrees and Orders of Court, lien releases and agreements, mechanics liens and municipal claims, etc., will not be recorded in full unless specially requested under C. 7., supra.

   (Formerly R46-119).

[Pa.B. Doc. No. 98-2025. Filed for public inspection December 11, 1998, 9:00 a.m.]

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