[33 Pa.B. 5176]
[Continued from previous Web Page] Rule L320.1 Summary Jury Trials--Preliminary Considerations
(a) Preliminary Considerations--The matters set forth in this Rule shall be considered but shall not be controlling in determining if civil cases are amenable for a summary jury trial.
(b) Time Necessary for Regular Trial. The court shall determine if the regular trial time would be three days or more, including time for jury selection and closings and charge. The court shall also consider the amount of damages involved and whether complex legal issues are involved.
(c) Consent of Attorneys. The court shall attempt to obtain the consent of counsel and the parties to a summary jury trial, but the court shall have the authority to direct a summary jury trial as an extension of the settlement conference.
(d) Existing Offer and Demand. The court shall also attempt to obtain the agreement of counsel and the parties to leave any current settlement offer and demand on the table for 48 hours after the summary jury trial verdict.
(e) Credibility. The court shall determine if the major issues must be resolved on the basis of credibility.
Rule L320.2 Summary Jury Trials--Procedure
(a) Attendance of Parties. Individual parties shall attend the summary jury trial. An officer or other responsible lay representative of a corporate party or a claims adjuster for an insurance carrier shall also attend the summary jury trial.
(b) Non-binding Effect. Generally, summary jury trials are for settlement purposes only and are non-binding. Nothing done by counsel with reference to the summary jury trial shall be binding on counsel or the parties or shall constitute a waiver of a full jury trial. However, counsel are free to negotiate whether the summary jury trial shall be binding or non-binding and, if binding, whether a high-low agreement can be reached.
(c) Special Verdict Questions. All cases subject to a summary jury trial shall be submitted to the jury by way of special verdict questions. Counsel shall submit a joint statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury. Special verdict questions for the summary jury trial need not be the same as those for the full jury trial. The jury shall determine the amount of damages in all cases regardless of whether a defendant is found to be liable or not liable. The court shall determine the format of the verdict slip to be used and rule on disputed questions.
(d) Jury Selection. Summary juries shall consist of six jurors. Counsel may be present at jury selection conducted by the court, and submit proposed voir dire questions for the court's use in accordance with Rule L320.3.
(e) Presentation of the Case by Counsel. Each side shall be entitled to one hour for presentation of its case, unless counsel presents a compelling reason at the pre-trial conference justifying more time for each side. Presentation of the case by counsel will involve a combination or argument, summarization of the evidence to be presented at the regular trial and a statement of the applicable law, but only to the extent it is needed to be known by the jury in answering the special verdict questions. No live testimony will be presented except in cases where credibility will determine the major issues. If any witness is permitted to be called by any party, the time used to examine the witness shall be assessed against the one-hour time limit of the party calling the witness. The court shall determine the number of witnesses to be presented. Counsel may quote from depositions and may use exhibits and video tapes. Counsel should not refer to evidence which would not be admissible at trial. The plaintiff shall proceed first and shall have a rebuttal of no longer than 15 minutes.
(f) Applicable Law. The court shall charge the jury on the applicable law to the extent it is appropriate and required by the jury in answering the special verdict questions. Counsel may submit requested points for charge for consideration by the court prior to the selection of the summary jury. The court shall rule on any disputes of points for charge, as well as any pre-trial motions before the summary jury trial.
(g) Jury Verdict. Agreement by at least five of the six jurors shall constitute a verdict.
(h) Length of Deliberations. If the jury does not reach a verdict within a reasonable time, the court may consider polling the jurors individually.
(i) Oral Questions to Summary Jury. After the verdict, counsel and the court may address questions in open court to the jury. No juror is required to answer. Any juror may address any comment or question to the court and counsel. Participation by the jurors is strictly voluntary.
(j) Scheduling Regular Trial. Should the summary jury trial not result in a settlement, a full jury trial shall be immediately scheduled but not for the same calendar week.
Rule L320.3 Summary Jury Trials--Jury Selection
The court shall select the jury and may use the following voir dire, in addition to any proposed voir dire suggested by counsel or determined by the court:
(a) The jurors' availability for the specific date and time of the summary jury trial. If the case starts in the morning, the court will determine prospective jurors availability all day. If it begins in the afternoon, the court will determine their availability through the dinner hour into the early evening.
(b) Whether any of the prospective jurors, for any health reason, are physically unable to perform their task as jurors, which would require them to sit for a period of as long as one hour without a recess and whether any prospective juror has any hearing difficulties, recent surgeries, nervous conditions, etc.
(c) A brief factual summary of the case shall be provided to determine if any of the jurors have any knowledge of the allegations in the case.
(d) The specific identification of the plaintiff and defendant by name and address to further determine if any of the prospective jurors know any party.
(e) Whether any of the prospective jurors have or had any social or business dealings, past or present, with either counsel or their law firms.
(f) If there are any particular witnesses who are going to be unusually significant to the argument, lay or medical, the court will identify them to the jury and determine the prospective jurors' knowledge or contact with them.
(g) Whether any of the prospective jurors have had a similar injury to that claimed by the plaintiff or if a close friend or family member has had such an injury so it can be determined whether any prospective juror has any bias regarding the injury itself.
(h) When any of the parties is other than an individual, the court will emphasize and explore the prospective juror's ability to give a corporation, for example, the same consideration that any other party is entitled to receive.
(i) Whether any prospective juror has any fixed opinions which would prevent the juror from awarding money damages in cases where fault is determined to exist and an actual injury has resulted from the defendant's conduct.
(j) Whether any prospective juror has any fixed opinions that would prevent the juror from deciding that a defendant is not liable if the evidence shows either that the defendant was not at fault or that the defendant's fault caused no actual injury to the plaintiff.
(k) Whether any prospective juror has been involved either as a plaintiff or a defendant in the particular type of case before the court or whether a family member or close personal friend has been involved in a case such that it would have any bearing on their ability to sit fairly and impartially.
(l) Whether any prospective juror has any other reason, not stated by the court, why they would be unable to sit fairly and impartially in the particular case.
(m) If counsel desire any additional voir dire, it should be submitted to the court at least 10 days prior to jury selection.
Rule L320.4 Post Summary Jury Trial Conference
If the summary jury trial is not binding, then a post-trial settlement conference shall be conducted. Generally, the settlement conference shall be conducted immediately following the summary jury trial or, if not possible, as close to the summary jury trial date as can be reasonably scheduled. In no event should it be conducted longer than 30 days from the trial. At the settlement conference, the court shall be an active player in resolving the case. The court may function as a ''seventh'' juror, supporting the jury's verdict generally where indicated and interposing the court's own view as to likely results before a full jury where the same is appropriate. This may move the case toward resolution. If the settlement conference does not settle the case, then the court shall schedule the case for a full jury trial.
Rule L1018.1 Notice To Defend Form
The notice to defend of every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall include the following name and address of the office from which a party can receive information about obtaining the services of a lawyer:
Office of Lawyer Referral
Third Floor
Lawrence County Government Center
430 Court Street
New Castle, PA 16101
(724) 656-1921Rule L1028 Preliminary Objections
(a) Preliminary objections shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the preliminary objections on the District Court Administrator.
(b) Unless an amended pleading is filed as of course under Pa.R.C.P. 1028(c)(1), oral argument and a briefing schedule shall be scheduled in accordance with Rule L211(b).
(c) In response to preliminary objections to an amended pleading, a second or subsequent amended pleading shall be subject to Pa.R.C.P. 1033.
(d) All preliminary objections shall be accompanied by a certificate certifying that a true and correct copy of the preliminary objections has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.
Rule L1034 Motion for Judgment on the Pleadings
(a) Motions for judgment on the pleadings shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the motion on the District Court Administrator.
(b) Oral argument of the motion and a briefing schedule shall be scheduled in accordance with Rule L211(b).
(c) All motions for judgment on the pleadings shall be accompanied by a certificate certifying that a true and correct copy of the motion has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.
Rule L1035.1 Motion for Summary Judgment
(a) Motions for summary judgment shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the motion on the District Court Administrator.
(b) Oral argument of the motion and a briefing schedule shall be scheduled in accordance with the provisions of Rule L211(b).
(c) Except as provided in Pa.R.C.P. 1035.3(e)(1), a brief or answer to the motion for summary judgment filed by any party in opposition to a motion for summary judgment shall not be considered a response as required by Pa.R.C.P. 1035.3.
(d) All motions for summary judgment shall be accompanied by a certificate, certifying that a true and correct copy of the motion for summary judgment has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.
Rule L1301 Arbitration--Scope
All cases where the amount in controversy does not exceed Twenty-five Thousand ($25,000.00) Dollars, excluding interest and costs, except those involving title to real estate, shall be submitted to compulsory arbitration under this Rule.
Rule L1302 List of Arbitrators Appointed; Arbitrators' Compensation
(a) The Prothonotary shall act as Arbitration Administrator, maintain a current roster of the members of the Bar qualified to act as arbitrators, and maintain proper legal forms necessary for the operation of these rules, which forms shall be printed at the expense of Lawrence County.
(b) To be an eligible arbitrator, each attorney shall be a member of the Bar, actively engaged in the practice of law, primarily in Lawrence County and shall file with the Prothonotary information showing whether the attorney is practicing alone, is a member of a firm, or is associated with one or more other attorneys. Upon any change in practice status or association with any other attorney or attorneys, the attorney shall immediately report such change to the Prothonotary, who will not the change on the roster of eligible arbitrators in accordance with the information submitted. Any attorney who declines to serve as an arbitrator shall so notify the Prothonotary in writing. Failure by an attorney appointed as an arbitrator to appear for three (3) consecutive arbitration hearings shall result in the attorney's name being stricken from the roster of eligible arbitrators.
(c) When a Praecipe to Appoint Arbitrators is filed under Local Rule L1303, a Board of Arbitrators, consisting of three (3) members of the Bar of Lawrence County, shall be appointed by the Prothonotary from the attorneys qualified to act. The names of the arbitrators shall be taken from the roster of the eligible members of the Bar, in alphabetical order, except where attorneys are excused due to incapacity or illness or upon express written direction by an attorney. Not more than one (1) member of a firm or association of attorneys shall be appointed to the same Board, and no members of a firm or association of attorneys shall be appointed to a Board to hear a case where another member of the firm or association of attorneys is counsel for any party.
(d) The chair of the Board of Arbitrators shall be paid the sum of One Hundred Thirty Dollars ($130.00). The other members of the Board of Arbitrators shall each be paid the sum of One Hundred Five Dollars ($105.00) by Lawrence County in accordance with Rule L1306 for each case heard. Where a hearing is scheduled but not conducted and no award entered but the case is otherwise resolved and the Board of Arbitrators is not otherwise entitled to compensation under this sub section, the chair shall be compensated Twenty-Five Dollars ($25.00) for the scheduling of the hearing.
Rule L1303 Arbitration--Notice
(a) After the pleadings are closed, any party may place the case on the Arbitration List by filing a Praecipe to Appoint Arbitrators with the Prothonotary. The Praecipe shall be in the form as prescribed by this Rule and include a certification that counsel for the moving party has provided reasonable advanced notice to all opposing counsel and unrepresented parties that the case is being scheduled for an arbitration. Discovery may continue as long as it does not delay the hearing.
(b) Within 30 days after appointment, the Chairperson of the Board of Arbitrators shall schedule an arbitration hearing. Failure to so schedule an arbitration hearing shall result in the Prothonotary removing the Chairperson and appointing a new Chairperson.
(c) The Chairperson shall fix the date, time and place of the arbitration hearing. The parties shall be provided not less than 30 days written notice of the hearing.
(d) The notice of the hearing shall include the following statement:
''This matter will be heard by a Board of Arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''(e) When the Board is convened for hearing, if one or more of the parties is not ready to proceed, the hearing shall be conducted, and the arbitrators shall make an award, unless the court:
(1) orders a continuance; or
(2) hears the matter if the notice of hearing contains the statement set forth in subdivision (d) of this Rule and all parties present consent.
Rule L1304 Arbitration--Witnesses
(a) In all hearings before a Board of Arbitrators, all witnesses shall be sworn or make an affirmation before offering any testimony. Witness fees shall be taxed as costs as in other actions.
(b) At the hearing before the Board of Arbitrators, each party shall be subject to a time limit of one (1) hour in presenting their case. This time limit may be extended by a majority of the arbitrators for cause shown, such as in cases involving extensive cross-examination of witnesses.
(c) Continuances
(1) The Chair for cause shown without leave of court may grant one (1) continuance. Such a request to the Chair of the Board of Arbitrators must be unopposed and must be made at least two (2) business days before the scheduled arbitration date.
(2) Any motion for continuance which is contested or made within two (2) business days of the scheduled arbitration hearing must be presented to the court for approval.
(3) All motions for continuance not subject to being granted by the Chair or being made within two (2) business days of the scheduled arbitration shall be granted only upon cause shown and only upon payment of the arbitrators' compensation by the moving party.
(d) Any moving party receiving a continuance of an arbitration hearing is responsible for notifying all other parties and arbitrators of the continuance and, further, responsible for rescheduling the arbitration hearing within 30 days of receiving the continuance. The moving party shall notify all parties and the arbitrators of the continuance and the rescheduled arbitration date. Failure of the moving party to comply with this Rule may result in the imposition of sanctions.
Rule L1306 Arbitration--Award
(a) The Board of Arbitrators shall make an award, including costs, interest, and attorney fees if authorized by law and are warranted, promptly upon termination of the hearing. The award shall dispose of all claims for relief and be substantially in the form provided by the Prothonotary. If the Plaintiff is seeking damages for delay under Pa.R.C.P. 238, Plaintiff shall comply with Pa.R.C.P. 238(d)(1). The award shall be signed by at least two (2) of the three (3) arbitrators. A dissenting vote without further comment may be noted on the award. The award shall be filed with the Prothonotary by the Chair of the Board of Arbitrators immediately after it is signed.
(b) If damages for delay are awarded under Pa.R.C.P. 238, the amount shall be separately stated. Prior to the award of delay damages, the parties shall submit to the Board of Arbitrators a sealed envelope setting forth the last settlement offer and its date. This envelope shall not be opened by the arbitrators until they have agreed upon an award, separate from any delay damages.
(c) Upon filing the Board of Arbitrators' award, the Prothonotary shall certify to the County Commissioners and to the County Controller that the award has been filed, together with the names of the members of the Board of Arbitrators serving in the case. Thereupon, the County shall pay the required compensation to each member of the Board of Arbitrators serving in the case.
(1) If a case is settled, withdrawn, or otherwise terminated by or between the parties, the parties must, more than two (2) business days before the scheduled arbitration hearing date, so notify all arbitrators appointed for the case and file a Praecipe to Discontinue the action of record. In such an event, the arbitrators shall not be entitled to receive compensation. If the arbitrators have not been notified and/or if the case has not been discontinued of record more than two (2) business days before the date and time of the scheduled arbitration hearing, then the arbitration hearing shall be conducted as scheduled, and the arbitrators shall, in accordance with law, make an award. In such a case the arbitrators shall be entitled to compensation.
(2) The compensation payable or paid to the members of the Board of Arbitrators under these rules shall not be taxed as costs, except as otherwise provided in this Rule.
Rule L1315 Optional Binding Arbitration
(a) In all cases, including those subject to compulsory arbitration pursuant to 42 Pa.C.S.A. § 7361 and Rule L1301, the parties, by consent and agreement, may submit the case to binding arbitration.
(b) Those parties agreeing to binding arbitration and consenting to be bound by this Rule shall file a consent with the court in the form prescribed by subdivision (c).
(c) Form of Consent
1) The consent shall be substantially in the following form:
I, (Name of Party) , acknowledge that I have been fully informed of the procedures and consequences of binding arbitration and consent to binding arbitration under Rule L1315. I agree that there shall be no appeal from the decision of the arbitrators under binding arbitration absent a clear showing of fraud, misconduct, corruption, or other irregularity, which caused an unjust, inequitable, or unconscionable award by the arbitrators, or that I was denied a hearing before the arbitrators.
I further acknowledge that I have voluntarily and without undue influence or coercion executed and filed this consent.
______ ______ ______ Date Plaintiff Defendant ______ ______ ______ Date Plaintiff Defendant ______ ______ ______ Date Plaintiff Defendant 2) The consent shall be signed by the party submitting and filing it and the attorney for the party, who shall witness the party's signature.
Rule L2039 Compromise, Settlement, Discontinuance and Distribution
(a) Contents of Petition.
A petition presented pursuant to Pa.R.C.P. 2039 seeking to compromise a minor's claim shall be verified by the guardian of the minor, and shall contain a statement describing the nature of the evidence relied upon to establish liability, the elements of damages, the injuries sustained, and a list of expenses incurred or reasonably anticipated. The petition shall also include the following:
(1) A statement by counsel concerning his or her professional opinion regarding the desirability of the settlement and the reasons therefore;
(2) A description of the services rendered;
(3) A description of the amount of reimbursable expenses requested;
(4) The amount of fees requested;
Note: The court will approve a contingent fee of 33 1/3%. All fees in excess of 33 1/3% shall be considered on a case by case basis.
(5) A statement by the attending physician concerning the injuries sustained by the minor, the treatment administered and the prognosis; and
(6) In cases involving property damage claims, a statement by the party who made the repairs or who appraised the loss.
(b) Order of Court Directing Deposit of Funds.
All petitions presented pursuant to Pa.R.C.P. 2039 where the proceeds of the settlement are to be deposited in a savings account or in a certificate of deposit shall have attached to the petition an order including the following language:
''It is hereby ordered and decreed that the amount of $ _____ shall be deposited in the name of _____ (name of minor), a minor, by counsel of record in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall contain the following notation: NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF THIS COURT.''
(c) Proof of Deposit. Plaintiff's counsel shall be responsible for filing a Proof of Deposit with the Prothonotary or Clerk of the Orphans' Court within 30 days of the entry of an order directing the deposit of funds.
(d) Annuity Contracts.
(1) Where the terms of settlement of a minor's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company within the prior written approval of this court.
(2) Plaintiff's counsel shall serve a copy of this Rule upon the company issuing the annuity contract, and file proof of such service with the Prothonotary within 30 days following the court's approval of any such annuity contract.
(e) Unless excused for cause shown, any petition to compromise a minor's claim shall be presented in motion court. The guardian and the minor shall appear unless excused by the court for cause shown.
Rule L3103 Commencement. Issuance
(a) Attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. § 8127 shall be initiated with the Prothonotary by filing a praecipe for writ of execution naming the judgment debtor's employer as garnishee in substantially the form provided in Rule L3251 and Pa.R.C.P. 3251.
(b) To execute on a judgment by means of attachment of personal earnings of a judgment debtor-tenant to recover damages awarded to a landlord for a residential lease, the judgment creditor-landlord shall file with the Prothonotary a writ of execution in substantially the form provided in Rule L3252 and Pa.R.C.P. 3252.
(c) A writ of execution naming a judgment debtor's employer as garnishee filed with the Prothonotary shall be accompanied by a certified copy of the transcript of the judgment entered by the District Justice or a certified copy of the judgment entered by the Court of Common Pleas or equivalent court of another jurisdiction. No praecipe for writ of execution shall be presented to or be accepted by the Prothonotary until the judgment is final by operation of law or otherwise.
(d) Service of a writ of execution naming a judgment debtor's employer as garnishee shall be made by the Sheriff in accordance with Pa.R.C.P. 3108 or any Rules or Rules of Civil Procedure promulgated to replace Pa.R.C.P. 3108.
Rule L3251 Praecipe for Writ of Execution--Money Judgment
The praecipe for a writ of execution for the attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. § 8127 shall be in substantially the following form:
(Caption)
PRAECIPE FOR WRIT OF EXECUTION
To The Prothonotary of Lawrence County:
Issue writ of execution in the above matter directed to the Sheriff of Lawrence County naming the judgment debtor's employer as garnishee to attach the personal earnings of the defendant, ______ , who resides at ______ , in the total amount of $ _____ . This claimed amount arises out of physical damages and/or rent due for a residential lease between the plaintiff and the defendant for the leasehold premises at ______ .
I certify that the judgment in this case upon which this praecipe is based is final and has not been appealed. Documentary proof of the final judgment is attached to this praecipe. I further certify that the requested personal earnings attachment is only to recover damages for physical injuries to a residential leasehold and/or rent due in the residential lease.
Respectfully submitted, __________
______ __________
(Date) (Attorney for Plaintiff/Plaintiff)
__________
__________
address__________
telephone number
Rule L3252 Writ of Execution--Money Judgment
The writ of execution for the attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. § 8127 shall be in substantially the following form:
(Caption)
WRIT OF EXECUTION
NOTICEThis paper is a writ of execution--naming the judgment debtor's employer as garnishee to attach the personal earnings of the defendant. It has been issued because there is a judgment against you. It may cause your personal earnings, including wages, to be taken to pay the judgment. You may have legal rights to prevent your earnings from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly.
The law provides that earnings, including wages, cannot be taken under certain circumstances. There are exemptions which may be applicable to you.
If you believe your earnings should be exempt, you should do the following promptly: (1) Fill out the attached claim form for exemption and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff of Lawrence County, Lawrence County Government Center, 430 Court Street, New Castle, Pennsylvania, 16101.
You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, a portion of your earnings will be attached, deducted and paid toward satisfaction of the judgment.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OBTAIN THE SERVICES OF A LAWYER AND GET LEGAL HELP.
Office of Lawyer Referral
Third Floor
Lawrence County Government Center
430 Court Street
New Castle, PA 16101
(724) 656-1921
WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF LAWRENCE : TO THE SHERIFF OF LAWRENCE COUNTY : To satisfy the judgment, interest, and costs against ______ , defendant, you are directed to attach the personal earnings, including wages, of the defendant due or to become due from the defendant's employer, ______ (Name of Employer-garnishee) as garnishee, and to notify the employer-garnishee that the employer- garnishee is required to deduct from the defendant's personal earnings, including wages, and pay over to the Prothonotary, a sum which shall be no more than ten (10%) percent of the net personal earnings or wages per pay period of the defendant or a sum not to place the defendant's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less, as provided for, and subject to the restrictions contained in 42 Pa.C.S.A. § 8127, a copy of which is attached. Deduction shall continue until the amount of the judgment is satisfied.
AMOUNT DUE $ ______
_________________
(Name of Prothonotary or Clerk)Seal of the Court:
By _________________
(Prothonotary or Deputy)(Caption)
CLAIM FOR EXEMPTION
TO THE SHERIFF OF LAWRENCE COUNTY:
I, the above named defendant, claim exemption of personal earnings, including wages, from attachment for the following reasons (specify amount and basis of claim of exemption):
__________
__________
__________
__________I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at:
_________________
_________________
Address_________________
Telephone NumberI verify that the statements made in this claim for exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
______ __________
(Date) (Defendant)
THIS CLAIM IS TO BE FILED WITH THE OFFICE OF THE SHERIFF OF LAWRENCE COUNTY:
Lawrence County Government Center
430 Court Street
New Castle, PA 16101
(724) 656-2190Rule L4002.1 Filing Discovery Material
Any counsel who files of record any discovery material in violation of Pa.R.C.P. 4002.1 (filing of discovery material), is subject to sanctions upon the court's own motion.
Note: The filing of unnecessary discovery material by counsel has become a burden of the Prothonotary and the court as the volume of unnecessary documents clutters the record and creates storage problems.
Rule L4008 Oral Depositions, Limitation
Any deposition of a non-medical deponent by any party shall be taken in the law offices of the Lawrence County counsel unless all parties agree to another location. If all counsel are from outside Lawrence County and counsel wish to take any deposition in the Lawrence County Government Center, the date, place and time of the deposition shall be coordinated with the District Court Administrator. Any notice issued contrary to this Rule shall be void.
Note: This Rule will permit the scheduling and taking of depositions of medical witnesses at the physicians' office. For non-medical witnesses, however, the rule is designed to prevent the abuse of scheduling depositions without regard to the convenience of other parties to the action.
[Pa.B. Doc. No. 03-2022. Filed for public inspection October 17, 2003, 9:00 a.m.]
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