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PA Bulletin, Doc. No. 03-2191

THE COURTS

Title 255--LOCAL
COURT RULES

ARMSTRONG COUNTY

Adoption of New Local Rules of Court--2002; No. 2002-0189-MISC

[33 Pa.B. 5616]

Order

   And Now, this 28th day of October, 2003, it is hereby Ordered as follows:

   1. L.R.C.P. No. 227.1 and L.R.C.P. No. 1910.25, following this Order, are hereby adopted as new Local Rules of Civil Procedure.

   2. L.R.C.P. No. 1915.7 and L.R.C.P. No. 1940.3 are hereby amended to read as shown following this Order.

   3. These new and amended Local Rules of Court shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

   4. L.R.J.A. No. 1901(a) is rescinded, effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin.

   5. Certified copies of this Order with the new and amended Local Rules of Court shall be distributed by the Court Administrator as required by pertinent state rules of court, together with a diskette containing the hard copy version where required.

By the Court

JOSEPH A. NICKLEACH,   
President Judge

Local Rules of Civil Procedure

Rule 227.1.  Motion for Post-Trial Relief. Scheduling Order

   A motion for post-trial relief shall be accompanied by a proposed order for the purpose of scheduling an argument thereon, substantially in the form prescribed by Appendix C-1 of these Local Rules.

Rule 1910.25.  Support. Contempt Petition. Form of Order.

   (a)  Every order accompanying a petition for contempt and scheduling a hearing upon the Petition shall designate the ''Prothonotary of Armstrong County, Armstrong County Courthouse, Room 103, Kittanning, PA 16201 (telephone: 724-543-2500)'' as the person from whom legal help can be obtained.

   (b)  The Prothonotary, upon receiving an oral or written inquiry as the result of a person being served with a pleading containing a notice to defend, shall, in lieu of advising such person, immediately forward to the person the names, addresses and telephone numbers of all resident members of the Armstrong County Bar Association and of Laurel Legal Services, Inc.

Rule 1915.7.  Consent Order. Final and Temporary

   (a)  unchanged

   (b)  If after a conciliation conference the parties cannot agree upon a resolution of all the issues, counsel and the parties shall, within seven (7) days after such conference, submit to the Court a proposed temporary order providing for the occurrence of those things agreed upon at the conciliation conference. If the Court has not entered an order immediately after the conciliation conference directing such attendance at a mediation orientation session, the proposed temporary order shall contain a provision requiring the parties together to attend an orientation session before a mediator as required by L.R.C.P. No. 1940.3(a). The proposed temporary order may provide for the deferral of evaluations and home studies until after such time as mediation is rejected or terminated. The proposed temporary order shall not contain a provision for the scheduling of a hearing before the Court. The completed Conciliation Conference Checklist shall be attached to the proposed temporary order.

Comment

   If, after an orientation session conducted under the rules pertaining to mediation, mediation is terminated or rejected, a hearing before the Court may be obtained pursuant to L.R.C.P No. 1940.6.

Rule 1940.3.  Order for Orientation Session

   (a)  unchanged

   (b)  The Court will not order the parties to attend an orientation session if such an order is prohibited by Pa.R.C.P. No. 1940.3(b). If the parties cannot agree upon whether or not an orientation session is so prohibited, upon motion, the Court will conduct a hearing to resolve the issue.

   (c)  unchanged

APPENDIX C-1

[CAPTION]

ORDER

   AND NOW, this ____ day of ____ , 2 __ , upon consideration of the Motion for Post-Trial Relief, it is hereby ORDERED as follows:

   1)  Oral argument upon the Motion will be held on       (day of week)      , ____ , 2 __ , at __ .M. in Courtroom No. __ of the Armstrong County Courthouse, Kittanning, Pennsylvania.

   2)  The movant shall file a brief in support of the Motion on or before ____ , 2 __ .

   3)        (Name of party defending against Motion)       shall file a brief concerning the issues raised in the Motion on or before ____ , 2 __ .

   4)  Notice of the entry of this order shall be served upon all parties by the Prothonotary.

                                               BY THE COURT,

                     ______ J.

[Pa.B. Doc. No. 03-2191. Filed for public inspection November 14, 2003, 9:00 a.m.]


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