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PA Bulletin, Doc. No. 99-890

THE COURTS

Title 255--LOCAL
COURT RULES

PIKE COUNTY

Judicial Administration L. 1901 Inactive Cases; No. 498-1999

[29 Pa.B. 2855]

Order

   And Now, this 17th day of May, 1999 it is hereby Ordered:

   1.  The following Rule is hereby adopted as Rule L. 1901 of the local rules of Judicial Administration of Pike County and it shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

   2.  The Prothonotary shall:

   a.  File ten (10) certified copies of this Order and the following Rule with the Administrative Office of Pennsylvania Courts;

   b.  Distribute two (2) certified copies of this Order and the following Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   c.  File one (1) certified copy of this Order and the following Rule with the Pennsylvania Civil Procedural Rules Committee; and

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

By the Court

HAROLD A. THOMSON, Jr.,   
President Judge

JUDICIAL ADMINISTRATION

L. 1901.  Inactive Cases.

   (a)  Upon the direction of the Court Administrator, the Prothonotary shall create a list of all civil matters in which no steps or proceedings have been taken for two years or more prior thereto. Upon creation of the list the Court Administrator shall serve notice to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa.R.J.A. No. 1901(c).

   (b)  Parties receiving notice that their case has lain dormant as described in paragraph 1(a) may request a hearing on the matter. The request shall be in writing, under the caption of the relevant case, and filed with the Prothonotary. A copy of the request for hearing shall be served on the Court Administrator and opposing party or counsel, if represented. The request for hearing must be filed within twenty (20) days from the date the notice is filed. The failure of a party to timely file a request for hearing shall result in a pro forma dismissal of the case with prejudice by the Prothonotary.

   (c)  If a party requests a hearing, all parties in the case shall be notified by the Court Administrator of the time and date of hearing. At the time of the hearing, the Court shall not dismiss the case unless:

   i)  the moving party fails to appear; or

   ii)  the opposing counsel or party can show sufficient cause (in the discretion of the Court) as to why the matter should not be continued.

   (d)  The lists created by the Prothonotary at the direction of the Court Administrator referred to in paragraph (a) may be amended by any party to include other dormant cases filed prior to 1995, which the Prothonotary's list does not include. In attempting to amend the Prothonotary's list, the party must provide the Prothono- tary in writing with the case name and number, the date of last docket activity and name and address for service of parties. Upon such notification, and after verification by the Prothonotary that the case has lain dormant for a period of two years or more, the Prothonotary shall keep a record of the case and include it in the next list she provides upon request of the Court Administrator.

[Pa.B. Doc. No. 99-890. Filed for public inspection June 4, 1999, 9:00 a.m.]

   


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