THE COURTS
Title 255--LOCAL
COURT RULES
MCKEAN COUNTY
Adoption of Civil Procedure; No. 158 December of 1904
[37 Pa.B. 4975]
[Saturday, September 15, 2007]
Order of Court And Now, this 22nd day of August, 2007, it is ordered and decreed as follows:
1. The McKean County Local Rules of Civil Procedure are hereby adopted, effective 30 days after publication in the Pennsylvania Bulletin;
2. The District Court Administrator of the 48th Judicial District of Pennsylvania is hereby Ordered to:
a. File seven certified copies of this Order and the Local Rules of Civil Procedure with the Administrative Office of Pennsylvania Courts;
b. File two certified copies and a computer diskette containing this Order and the Local Rules of Civil Procedure with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. File one certified copy of this Order and the Local Rules of Civil Procedure with the Pennsylvania Civil Procedural Rules Committee;
d. Provide one copy of this Order and the Local Rules of Civil Procedure to each member of the McKean County Bar Association; and
e. Keep continuously available for public inspection copies of this Order and the Local Rules of Civil Procedure.
It is further Ordered and Decreed that contemporaneously with the effective date of the within Local Rules of Civil Procedure, any previously adopted local civil rules of court are rescinded and vacated.
JOHN M. CLELAND,
President Judge
THE BUSINESS OF THE COURTS
Pa.R.C.P. 201 to 250RULE L205.2(a) Binding and Attachment
(1) All papers filed with the Prothonotary shall be top bound and prepared for flat filing.
(2) Attachments to any paper filed with the Prothonotary shall be clearly legible. Copies shall faithfully represent the original in every respect.
RULE L205.2(b) Cover Sheet
All papers shall have a cover sheet in substantially the following form:
COURT OF COMMON PLEAS OF McKEAN COUNTY
PENNSYLVANIA
CIVIL ACTION-(LAW) (EQUITY) No. __________ Type of Case: __________ ______
PlaintiffType of Pleading: __________ Filed on Behalf of: VS. __________
(Plaintiff/ Defendant)______
DefendantCounsel of Record for this Party: __________
(Name of Attorney)Supreme Court No.: __________ __________
(Firm name, if any)__________
(Address)__________
(Phone)Dated: ______ Counsel of Record for Adverse Party: __________ RULE L206.1(a) Petition Practice
(a) As used in these rules, ''petition shall mean only an application to open a default judgment or a judgment of non pros.''
RULE L206.4(c) Procedure for Issuance of A Rule to Show Cause
(a) The issuance of a rule to show cause shall be discretionary with the court and shall be in accordance with Pa.R.C.P. 206.5.
(b) The petition seeking the issuance of a rule shall be supported with an appropriate statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the petition; or, in a routine petition that does not raise complex legal or factual issues, in the body of the petition itself.
(c) Attached to the petition shall be a proposed order in the form prescribed in Pa.R.C.P. 206.5(d). The court in its discretion may delete paragraphs (4) and (5) of the form order (regarding discovery and argument) and provide instead that the matter will proceed before the court on an evidentiary hearing to resolve disputed issues of fact. The court may also enter an order to require the filing of briefs or to authorize discovery to proceed other than by deposition.
(d) Any request for stay of execution pending disposition of a petition to open judgment shall be filed by separate motion.
(e) The petition and any motion seeking a stay of execution shall be scheduled for argument and/or hearing by the Court Administrator and it is not necessary for the moving party to request hearing and/or argument.
RULE L208.2(c) Statement of Authority
All motions shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion; or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
RULE L208.2(d) Uncontested Motions
A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties and that the requested relief is uncontested.
RULE L208.2(e) Discovery Motions
A motion relating to discovery shall contain a certification by counsel for the moving party that counsel has conferred, or attempted to confer, with all interested parties in an attempt to resolve the matter without court action and has been unable to reach a satisfactory resolution of the issues presented.
RULE L208.3(a) Motion Procedure: Scheduling and Argument
(a)(1) Filing and Scheduling:
(i) All motions shall be filed with the Prothonotary in the form prescribed in Rule L205.2.
(ii) Motions should not be filed with the Court Administrator. Courtesy copies for the court are not required. Motions should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
(iii) The court will take no action until a motion has been filed of record, except in unusual circumstances.
(iv) All motions, including emergency motions, shall be scheduled for argument after filing and without the necessity of filing a praecipe for argument or like document. Argument will be scheduled for a time and date certain, and not at a regularly scheduled argument court. The court, in its discretion, may decide the matter at argument or take the matter under advisement.
(a)(2) Telephone or video conferences: The court, in its discretion, may hear any argument by telephone or video conference hookup provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
(a)(3) The Official Court Reporter does not attend arguments unless directed by the court, or unless counsel has made a timely request.
(a)(4) Transcripts: The moving party in all post-trial or post-hearing motions or petitions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.
(b) Reply brief: The opposing party shall file an answer or reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.
RULE L210 Form of Briefs
Briefs shall be typewritten and double spaced (except for quotation) on paper approximately 8-1/2 inches by 11 inches in size, shall be bound at the top, not at the side, and shall contain:
(a) A history of the case.
(b) A statement of the question or questions involved.
(c) A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation, or order.
(d) An argument with citation of the authority relied upon.
(e) A conclusion.
RULE L212.2 Pre-Trial Statement
At or before the date set for the pre-trial conference each party shall submit to the court and other counsel a pre-trial statement containing:
(1) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence anticipated with respect to proof of such facts.
(2) A statement of any unusual questions of law anticipated with respect to the issues in the case. All such questions shall be presented with a statement of authority supporting the position taken with respect to such unusual questions of law.
(3) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. The listing of a witness by a party shall impose no liability on the party to call the witness or to procure his attendance at trial.
(4) Medical reports of any doctor who treated, examined or was consulted in connection with the injuries complained of, and who may be called as a witness.
(5) The reports of any expert whose opinion will be offered in evidence at the time of trial. Such report shall include the findings and conclusions of the expert.
(6) A list of all items of special damages which the party intends to prove, including medical bills, property damage bills (or estimates if there are no bills) and loss of earnings. Claims for loss of earnings shall set forth the names of employers, dates of absences and rates of pay. If the party is self-employed, information which forms the basis for the loss of income attributable to the injuries shall be supplied.
(7) A list of all exhibits which the party may use at trial.
(8) A copy of any hypothetical questions to be used with regard to any subject except the physical or mental condition of the party, or the cause thereof, together with the name and address of the witness to whom it is to be propounded.
(9) A copy of any plan or plot proposes to be introduced into evidence.
(10) An estimate of the length of time which will be required to present the party's case in chief.
RULE L212.3 Pre-Trial Conference
(a) For purposes of this rule, ''pre-trial'' shall mean a type of conference described in Pa.R.C.P. No. 212.3.
(b) Except as otherwise ordered by the court, pre-trial conferences shall be held at times directed by the court. Pre-trial conferences are extended to all actions not subject to arbitration under Rule L1301.
(c) Any application for continuance of the conference shall be by motion addressed to the court.
(d) Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and admissions and must have full settlement authority. If counsel does not have such authority then the person or corporation having the actual interest in the case, whether as a party, as an insurance carrier or otherwise, shall be personally present at the pre-trial conference.
(e) If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in (e) above.
Failure to provide such information shall not be compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.
RULE L223 Proposed Findings of Fact, Conclusions of Law
At any bench trial or arbitration hearing, except by leave of Court or of the board of arbitration, no party shall be permitted to present evidence either in support of or in opposition to any claim or cause of action unless the party has first presented proposed findings of fact, conclusions of law and a memorandum in support thereof.
The Court or board of arbitration, in its discretion, may grant a continuance to allow the non-filing party to prepare the required findings, conclusions and memorandum, except that the costs of litigation thereby caused to the other party or parties to the action may be imposed as a sanction of the non-filing party.
RULE L223.1 Pre-Trial Matters, Points for Charge
(a) Before the beginning of any non-jury trial or trial before a Board of Arbitrators counsel shall submit a concise memorandum of the applicable law and proposed findings of facts.
(b) Before the beginning of any jury trial counsel shall present to the Court a concise memorandum of the applicable law and requested points for charge. Requested points for charge shall be exchanged by counsel at the close of evidence.
(c) All requested points for charge shall contain a citation of authority.
(d) In so far as possible, all exhibits shall be marked for identification before the beginning of trial.
RULE L225 Addresses and Summing Up
(a) Opening addresses may be made by all parties or groups of parties at the commencement of the trial in the order of their appearing in the pleadings. Any party may reserve his opening address until immediately before presenting his evidence.
(b) After the close of the testimony, each party or group of parties shall have the right of final address or argument in inverse order to the order of opening addresses, unless otherwise ordered by the Court.
(c) Counsel shall not consume more than thirty minutes in either the opening address or the summing up address, except by special allowance.
RULE L227.1 Post-Trial Conferences
In every case in which a Motion for Post-Trial Relief has been filed, the court may schedule a post-trial conference to be held as soon as the business of the court permits. The purpose of such conference shall be to determine the precise issue or issues that will be before the court on said motion and the extent of the trial record which will need to be transcribed.
Miscellaneous Court Matters The Pennsylvania Rules of Civil Procedure do not specifically deal with the matters covered by Rules L300 through L507 and, therefore, there are no Pennsylvania Rules of Civil Procedure corresponding to Local Rules L300 through L507.
RULE L300 Service Requirements of All Papers
Unless otherwise provided by an Act of Assembly or rule of court, a copy of each paper filed in any case, other than the writ, complaint, or other process by which an action is commenced, shall be served by the party filing it promptly upon all other parties to the litigation or their attorneys of record. The manner of service shall be in conformity with Pa.R.C.P. 440. No matter shall be considered by the court unless there has been filed either a proof of service, acceptance of service or certificate of service.
RULE L301 Copies of Writings
Whenever a copy of a writing is attached to a pleading, brief or other paper submitted to the court, such copy shall be clearly legible and faithfully represent the original in every respect, and unless the original itself is not legible the court may require a substitute copy to be made and filed before the pleading, brief or other paper will be considered by the court.
RULE L302 Face Sheet, Flat Filing and Top Binding
(a) All papers filed with the prothonotary in an action at law or in equity and in other matters designated shall be prepared for flat filing. Every pleading shall have a face sheet in substantially the following form:
COURT OF COMMON PLEAS OF McKEAN COUNTY
PENNSYLVANIA
CIVIL ACTION-(LAW) (EQUITY) No. __________ Type of Case: __________ ______
PlaintiffType of Pleading: __________ Filed on Behalf of: VS. __________
(Plaintiff/ Defendant)______
DefendantCounsel of Record for this Party: __________
(Name of Attorney)Supreme Court No.: __________ __________
(Firm name, if any)__________
(Address)__________
(Phone)Dated: ______ Counsel of Record for Adverse Party: __________ (b) All papers described in (a) above shall be bound at the top, not the side, so that they may be assembled with other papers in the case in a top bound file cover.
RULE L303 Matters for Argument
(1) Upon the filing of any motion, petition, exceptions, or the like, requiring legal argument, the matter will be scheduled by the court in an order which will also establish the briefing schedule, if any. If the brief is not presented to the Court when ordered, the Court, in its discretion, may refuse to consider a late brief or to hear oral argument.
(2) The court may, in its discretion, hear oral argument on any motion by speaker telephone conference provided that the conversations of all parties are audible to all persons present, or upon stipulation of all parties, by regular telephone conference call. Upon request of any party, such oral argument may be recorded by a court reporter under such conditions as the court shall deem practicable. Counsel shall schedule such telephone calls at a time mutually agreeable to all parties and the court. The expense of the call will be shared equally by the parties, unless the court directs otherwise.
RULE L303(1) Supporting Memorandum of Law
All motions, exceptions, preliminary objections, and petitions, upon filing, must be supported by a brief or memorandum of law in support thereof. If not so supported, then the motion or exceptions shall be summarily disposed of, unless counsel promptly requests permission for good cause to file the required memorandum or brief at a later date.
The Court will then fix a date for the filing of a reply brief and for oral argument. If no reply brief is filed as ordered, then the non-filing party will not be heard at oral argument except by leave of Court.
This rule shall not apply to exceptions taken to the recommendation of the Family Law Master or Permanent Hearing Officer.
NOTE It is not the intention of this rule to require ''full blown'' briefs on simple or routine issues. The extent of memorandums of law or briefs submitted in support of the motion should be in proportion to the complexity of the issue which the motion raises.
Consequently, a complicated motion, such as a motion for summary judgment, should be supported by a brief or memorandum which fully discusses the facts and the applicable law.
A routine motion or a motion presenting uncomplicated issues may be supported by a recitation of fact or authority in the motion itself or in a cover letter. In those situations, all that is required is a citation to the appropriate rule, statute or case law which establishes that the movant is entitled to the relief requested and that the Court has the power to grant it.
RULE L304 Motions and Petitions
(a) Motions and petitions shall be filed with the prothonotary or clerk of the Orphans Court for presentation to the court.
(b) Except for emergency matters and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the court unless prior notice of its presentation has been given to opposing counsel of record.
RULE L305 Motions: Post-Trial and Post-Hearing
The moving party in all post-trial and post-hearing motions or petitions shall, if argument thereon is to be with reference to the testimony, include a request for a transcript of the testimony, or such part thereof as the moving party desires to have transcribed for the purposes of such motion.
RULE L306 Notice
(a) All notices shall be in writing.
(b) Except as otherwise provided by Act of Assembly, rule or special order of court, whenever any process, paper or notice is required to be served upon a party, such service shall be made in accordance with the procedure set forth in Pa.R.C.P. 400--441; if service is to be made by publication, then service shall be made as provided by Rule L430.
RULE L307 Prothonotary
(a) The prothonotary shall immediately endorse all papers filed with the date of such filing, and shall enter into an appropriate docket all pleadings, rules, orders of court and other papers filed in every case.
(b) The prothonotary shall be responsible for the safe keeping of all records and papers belonging in her office. No paper may be taken from the files of the prothonotary without the consent of the prothonotary or one authorized by the prothonotary to give such consent. A record shall be made of any paper removed from the prothonotary's office and the person who receipts for such paper shall be responsible for return of the same and for any financial loss occasioned by failure to return the paper.
(c) Only the prothonotary, his clerks, attorneys registered in McKean County and such other persons as the prothonotary shall specially authorize shall be permitted direct access to the prothonotary's files.
(d) No entries shall be made in any prothonotary's docket except at the direction of the prothonotary or by order of court.
RULE L308 Trial Sessions, Trial Lists and Continuances
(a) Jury Trial Sessions: Jury trial sessions will be held at such times as shall be established in the annual court calendar.
(b) Praecipe for Trial: To place a case on the trial list, counsel for one or more of the parties in the case shall file a Praecipe to List for Trial. The party placing a case on the trial list shall forthwith serve a copy of the Praecipe upon all other counsel of record, who, if for any reason oppose such certification, shall within ten (10) days thereafter file their reasons opposing listing.
(c) Prothonotary's Active Trial List: Ten days after a Praecipe to List for Trial has been filed, if no objection thereto has been filed, the prothonotary shall place the case upon the Prothonotary's Active Trial List and twenty days before jury selection the prothonotary shall deliver to the court a copy of the current Trial List.
(d) Pre-Trial Conference: Upon receipt of the Trial List the court shall schedule a pre-trial conference to be held on each case on the Trial List. Said conference shall be held in the manner provided by Local Rule L212.3.
(e) Trial Session List: Upon completion of the pre-trial conferences the court administrator shall prepare and deliver to all counsel of record and unrepresented parties a Trial Session List which shall show the cases that will be called for jury selection and the date and time counsel are to be on hand to select juries. Such notice shall also set forth the dates when non-jury cases will be tried.
(f) Continuances: Any case continued from the Active Trial List or Trial Session List will be stricken from the list and must be praeciped onto the Active Trial List in accordance with this rule.
RULE L308(b) Listing Cases for Trial
(1) To place a case on the trial list, counsel for one or more of the parties in the case shall proceed as herein provided.
(i) File a Praecipe to List for Trial and serve the praecipe on all other counsel of record and unrepresented parties. The praecipe shall contain a certification by listing counsel that: the pleadings are closed; there are no outstanding motions; all pretrial discovery is completed; all counsel of record and unrepresented parties agree that the matter is presently ready for trial and that they do not object to its listing.
(ii) By motion reciting that all counsel and unrepresented parties do not agree that the case is presently ready for trial, and requesting that the Court order the case to trial. The Court shall then promptly schedule a hearing to consider the matter.
(2) In no event shall any matter proceed to jury selection or shall trial dates be reserved unless the pleadings are closed, discovery is completed, and there is no other impediment to the immediate trial of the case, unless the Court orders otherwise for good cause.
______
PlaintiffIN THE COURT OF COMMON PLEAS OF McKEAN COUNTY, PENNSYLVANIA VS CIVIL DIVISION ______
DefendantNO. ______ C.D. 20 ____
MOTION TO PLACE CASE ON TRIAL LIST COMES NOW, ______ counsel for ______ , and requests that the Court place the above captioned matter on the ______ trial list, pursuant to Local Rule L308(b)(i)(ii).
The undersigned has contacted all counsel of record and unrepresented parties and all parties do not agree that the matter is presently ready for trial.
Proof of Service is attached.
Respectfully Submitted, __________ Date: ______ Counsel for __________ ______
PlaintiffIN THE COURT OF COMMON PLEAS OF McKEAN COUNTY, PENNSYLVANIA VS CIVIL DIVISION ______
DefendantNO. ______ C.D. 19 ____
PRAECIPE To the Prothonotary:
As listing counsel, pursuant to Local Rule 308, I hereby certify:
1. The pleadings are closed.
2. There are no outstanding motions.
3. All discovery is completed.
4. All counsel of record and unrepresented parties have been contacted and agree that this matter is presently ready for trial and that they do not object to its listing.
A copy of this praecipe has been served on all counsel of record and unrepresented parties in the following manner:
Respectfully Submitted,
_________________
Counsel for ______RULE L309 Manner of Scheduling Equity Cases
Any party to an equity proceeding who desires that the case be advanced for early trial listing shall request by motion that the case be given priority trial status. Upon receipt of such request the prothonotary shall forthwith transmit the record papers to the court administrator who shall then schedule the case for pretrial conference and trial as soon as the business of the court permits.
RULE L310 Court Calendar
At the beginning of each calendar year, the court shall prepare a court calendar for the current year which shall have the effect of a rule of court establishing the times that the matters set forth in the court calendar shall be heard.
RULE L311 Security For Costs
(a) The defendant or any interested party may petition the court to require the plaintiff who resides out of state, or who is in bankruptcy, or has insolvency proceedings pending against him, to file security for costs.
(b) The court, by special order upon cause shown, may require a plaintiff or a defendant who seeks affirmative relief to enter security for costs.
(c) The claimant in a sheriff's interpleader issue shall be construed to be a plaintiff within the meaning of this rule.
(d) In default of security entered at the time fixed by the court, judgment of default or other appropriate court order may be made in favor of the party obtaining the order.
RULE L312 Bills of Costs
(a) Bills of costs must contain the names of the witnesses, the dates of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in his opinion, they were material witnesses. A copy of the bill shall be served on opposing counsel.
(b) The party upon whom a bill of costs has been served may, within ten (l0) days after such service, file exception thereto, and the issue shall be determined by the court. Failure to file exception within ten (l0) days shall be deemed a waiver of all objections.
RULE L313 Default Judgments
(a) Whenever a judgment for money is taken by default and the party in whose favor the judgment is entered has filed an instrument or copy thereof, upon which the amount of the judgment is based and a calculation of the judgment is submitted, the prothonotary shall enter the judgment for the amount shown to be due upon the face of the instrument.
(b) If a default judgment cannot be made certain by computation, Pa.R.C.P. 1037 shall apply.
RULE L314 Judgment on Verdict
Judgment shall not be entered on a verdict within the time allowed for motions for judgment n.o.v., for new trial, or for arrest of judgment, nor until the party obtaining the verdict shall have paid the prothonotary the required jury fee as provided by law.
RULE L315 Striking or Opening Judgments Other Than Confessed Judgments Covered by Pa.R.C.P. 2959
The pleadings and procedure for relief from judgments, other than confessed judgments, shall be the same as the pleadings and procedure for relief set forth in Pa.R.C.P. 2959 and Pa.R.C.P. 2960 for confessed judgments.
RULE L316 Judgment by Agreement
Except in actions to which a minor or an incompetent is a party and in actions for wrongful death in which a minor or incompetent has an interest, verdicts and nonsuits, and judgments by agreement may be entered at any time but only upon written stipulation signed by the parties or by their counsel of record and filed in the case.
RULE L317 Judgments: Re-Indexing
Judgments entered on confession may be subsequently re-indexed against any defendant under any alias name upon the plaintiff's attorney filing a praecipe therefor supported by an affidavit that such alias defendant is the same person against whom the judgment was originally entered and indexed. The subsequent re-indexing shall be noted on the docket of the original number and term and shall be re-indexed on a separate line in the judgment index, clearly showing the date of such re-indexing.
RULE L318 General Pleading Form
Except as otherwise provided by statute, or rule of court, pleadings in all actions shall, as nearly as possible, conform to the rules relating to civil actions law.
RULE L319 Termination of Inactive Civil Cases
(a) On or before November 1st of each year the prothonotary shall list for General Call a list of all civil matters in which no steps or proceedings have been taken for two years or more prior thereto.
(b) The prothonotary shall give at least 30 days notice to counsel of record, and to the parties for whom no appearance has been entered, advising them that the time, place and date of the General Call will be the first Monday in November, and that an order will be entered at that time terminating the case on the grounds of unreasonable inactivity unless some action is taken before the General Call, or good cause is shown as to why the case should not be terminated.
(c) The notice herein required shall be in person or by mail to the last address of record of counsel or the parties setting forth a brief identity of the matter to be terminated.
(d) When the prothonotary is unable to give notice in person or by mail, notice or service shall be made in such form and manner in accordance with Pa.R.J.A. 1901(c) as the court, by order, may direct.
(e) The prothonotary shall file an affidavit of service of the herein prescribed notice of intention to terminate inactive cases.
(f) If no good cause for continuing any case is shown at the General Call, an order shall be issued forthwith by the Court for dismissal of said case.
RULE L400.1 Person to Make Service
With respect to all actions filed in McKean County, Pennsylvania, original process shall be served within the Commonwealth
(i) by the sheriff or a competent adult in the actions in equity, partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought, and
(ii) by the sheriff in all other actions.
Note: This Rule is promulgated pursuant to the provisions of Pa.R.C.P. 400.1, as adopted by Order of the Supreme Court of Pennsylvania of June 14, 1999, at No. 316 Civil Procedural Rule Docket No. 5.
RULE L430 Service, Petitions, Rules, Orders And Notices--Publications
Whenever service by publication is authorized by law or rule of court and the manner of publication is not otherwise specified, such service shall be made by publishing the required notice one time in a newspaper of general circulation in McKean County. Affidavits of publication shall be filed in the prothonotary's office.
RULE L500 Auditors and Auditor's Reports
(a) Auditors shall be members of the bar.
(b) Auditors' hearings shall be held at the courthouse and testimony taken either by a court stenographer or by a stenographer to be agreed upon by the parties in interest.
(c) Auditors shall give public notice of the time and place of hearings before them, by advertisement once a week for two successive weeks in a newspaper of general circulation of McKean County, stating therein that all persons must prove their claims before them or be debarred from coming upon the fund. In addition thereto, auditors shall obtain from the assignors or debtors, a list of their creditors, and, if the proceeds of the sale of real estate are to distributed, searches for liens and encumbrances, and award distribution accordingly, unless objections be made, in which event those whose claims are objected to shall be notified to prove their claims or be debarred from coming in upon the fund.
(d) Any person desiring an issue to be granted shall present his petition to the auditor within forty-eight hours after the testimony in relation to the matter in dispute is closed, setting forth under oath or affirmation that material facts are in dispute and the nature and character thereof; and it shall be the duty of the auditor forthwith to make report thereof to the court for its action.
(e) The auditor shall not file his report until ten days after he has notified all the parties who appeared before him that it is subject to their inspection, and that it will be filed on a given date, unless written exceptions are filed with him before that time. If exceptions are filed, he shall re-examine the subject and amend his report, if, in his opinion, the exceptions are in whole or in part, well founded.
(f) The argument before the court shall be confined to the exceptions filed with the auditor; the court will, however, recommit the report if of the opinion that justice requires it.
(g) If no exceptions are filed with the auditor, the report, on motion, will be confirmed by the court.
(h) When facts are controverted before the auditor, he shall report the same as proved, in a concise or digested form and shall also state concisely the questions of law raised before him and his decisions thereon, with his reasons therefor, and when distribution is made, a distinct account or schedule of the liens on the funds, paid and unpaid, in a form convenient for review shall be made out and presented with the report showing precisely the disposition made of the funds. The testimony, documentary or otherwise shall be returned separately and filed with the report.
(i) The auditor shall file his completed report with the prothonotary, who shall mark in confirmed nisi, which confirmation shall become absolute, without further order, if no objection thereto is made within ten (10) days. If objection to the report is made, it shall be treated as renewal of the exceptions filed by the party with the auditor; and in this case or if exceptions are filed with the prothonotary within this ten day period, the prothonotary shall enter the case on the argument list to be taken up in due course.
(j) Upon motion made by a party interested, of misconduct or unreasonable delay on the part of any auditor, the court may either vacate his appointment or grant a rule on him to show cause why he should not proceed forthwith in the duties of his appointment; and in case of contempt, may punish him by fine or attachment.
RULE L501 Distribution
(a) Whenever the aid of the court is desired in the distribution of money in court or in the hands of any collecting officer of the court, the party asking its interposition shall present to the court a written statement of the facts, showing its necessity or propriety, and thereupon the court may appoint an auditor to report the facts and make distribution or make such other order as may seem best calculated to bring the matter to a speedy close.
(b) The court may, on motion and upon satisfactory evidence, decree distribution of any portion of the fund in court, not included in any controversy, before or during the pendency of the audit, and order such portions of the fund that is being audited to be deposited or invested during the controversy.
(c) Duplicate receipts shall be given for all moneys paid in pursuance of such distribution, one of which shall be filed in the case and the other upon the original lien docket.
RULE L502 Receivers and Assignees for Creditors
(a) Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment, to every creditor and party in interest of whom they have knowledge, and shall also publish notice thereon once a week for two successive weeks in a newspaper of general circulation published in McKean County.
(b) The assignee shall file with the account a petition for distribution in form similar to that of petitions for distribution required by the Orphans' Court Division of this county and all such accounts and petitions for distribution shall be filed in the office of the Prothonotary.
(c) The assignee shall give written notice of the filing of the account, the petition for distribution and of the call for the audit or confirmation thereof to all parties interested. Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, at least three weeks before the presentation of the account to the court, and shall also be published by the prothonotary for two successive weeks in one newspaper of general circulation published in McKean County.
(d) Any such account filed for audit and confirmation shall be audited preliminarily by the prothonotary and then presented to the court, together with the proofs of publication and proof of the giving of the required notice to interested parties at the time fixed for the audit or confirmation thereof; and if no exceptions have been filed, the account may be confirmed absolutely.
RULE L503 Sheriff
It shall be the duty of the sheriff, or his deputy, to always be present in the courthouse when the court is in session and to promptly execute all orders of the court and process issued by it.
RULE L504 Limitations on Bail and Security
Neither the prothonotary, nor his deputy, nor the sheriff or sheriff's deputy or clerk, shall be admitted as bail or surety in any action, civil or criminal unless by leave of the court for special reasons shown.
RULE L506 Money Paid Into Court
(a) A party to an action may, upon motion and such notice to the adverse party as the court may direct, pay into court the amount admitted to be due, together with costs, if any. The party entitled to the money may accept the money and settle and discontinue the action or may refuse the money and proceed with the action. If the adverse party shall not recover more than the amount paid into court, all additional costs shall be deducted from the money. This tender into court shall in no way alter the rights of the parties as to legal tender made before suit.
(b) Parties wishing to extinguish liens upon real estate in which they have an interest may, on motion and such notice to the creditor as the court may direct, pay into court the amount due and have satisfaction entered upon the lien.
(c) Upon payment of money into court, to abide its order, the same shall be deposited by the prothonotary in an account in the name of the prothonotary kept for such purposes, and shall be payable only by a check signed by the prothonotary pursuant to order of court.
(d) Under the provisions of the bulk transfers section of the Uniform Commercial Code, 13 Pa.C.S.A. 6101 et seq, the petition of the transferee, in addition to other necessary allegations, shall give the name, address and amount of claims of creditors of the transferor insofar as the same are known to him and may request the appointment of an auditor. If the petition be approved by the court, an auditor may be appointed forthwith to determine what creditors of the transferor are entitled to recommend distribution to the court. The auditor shall give notice of his appointment and perform all his duties in accordance with the provisions of Rule L500. He shall also give notice of the time of filing claims to the transferors and transferees, or their attorneys, by registered or certified mail to each known creditor whose name and address is set forth in the Petition.
RULE L507 Deputy Constables
Petitions for approval of the appointment or revocation of the appointment of deputy constables shall set forth the following facts:
(1) The act of assembly authorizing the appointment.
(2) Name and address of the petitioner.
(3) The name of the municipality or district in which petitioner was elected.
(4) The date of commencement and expiration of the term of office of the petitioner.
(5) The name and full address of the surety on petitioner's bond and an averment that the surety has had notice of the petition, to be evidenced by the written joinder of the surety in the prayer of the petitioner.
(6) The name and full address of the person to be appointed deputy constable, or whose appointment is to be revoked, and an averment that the person to be appointed is of good repute and has not been convicted of a felony or misdemeanor.
(7) A full statement of the necessity, facts and reasons for making or revoking the appointment.
(8) If any security of any kind is given or to be given by the petitioner or his surety, then the nature, character, and extent shall be fully set forth or, in lieu thereof, an averment that no security is being given.
CIVIL ACTION--LAW
R.C.P. 1001 to 1038RULE L1018.1 Notice to Defend
The person, to be named in the notice to defend, from whom legal help can be obtained is:
Northwestern Legal Services
100 Main Street
Bradford, PA 16701
Telephone: 814-362-6596RULE L1028(c) Preliminary Objections
(a) Filing. All preliminary objections shall be filed with the Prothonotary in the form prescribed in Rule L205.2. Preliminary objections should not be filed with the Court Administrator. Courtesy copies for the court are not required. Preliminary objections should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
(b) The court will take no action until the preliminary objections have been filed of record, except in unusual circumstances.
(c) Statement of applicable authority: All preliminary objections shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion; or, if the preliminary objections do not raise complex legal or factual issues, in the body of the preliminary objections.
(d) Scheduling: Preliminary objections shall be scheduled for argument after filing and without the necessity of filing a praecipe for argument or like document. Argument will be scheduled for a time and date certain, and not at a regularly scheduled argument court. The court, in its discretion, may decide the matter at argument or take the matter under advisement.
(e) Reply brief: The opposing party shall file an answer or reply brief to the preliminary objections within 20 days after service of the motion unless the time for filing the response is modified by court order.
(f) Telephone or video conferences: The court, in its discretion, may hear any argument by telephone or video conference hookup provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
(g) The Official Court Reporter does not attend arguments unless directed by the court, or upon timely request of counsel.
RULE L1033 Amended Pleading
Whenever an amended pleading is filed, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading, the paragraphs shall be renumbered, and the new portion shall be underlined.
RULE L1034(a) Motion for Judgment on the Pleadings
(a) Filing. A motion for judgment on the pleadings shall be filed with the Prothonotary in the form prescribed in Rule L205.2. It should not be filed with the Court Administrator. Courtesy copes for the court are not required. It should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
(b) The court will take no action until the motion has been filed of record, except in unusual circumstances.
(c) Statement of applicable authority. It shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion; or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
(d) Scheduling: It shall be scheduled for argument after filing and without the necessity of filing a praecipe for argument or like document. Argument will be scheduled for a time and date certain, and not at a regularly scheduled argument court. The court, in its discretion, may decide the matter at argument or take the matter under advisement.
(e) Reply brief: The opposing party shall file an answer or reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.
(f) Telephone or video conferences: The court, in its discretion, may hear any argument by telephone or video conference hookup provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
(g) The Official Court Reporter does not attend arguments unless directed by the court, or upon timely request of counsel.
RULE L1035.2(a) Motion for Summary Judgment
(a) Filing. A motion for judgment on the pleadings shall be filed with the Prothonotary in the form prescribed in Rule L205.2. It should not be filed with the Court Administrator. Courtesy copies for the court are not required. It should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
(b) The court will take no action until the motion has been filed of record, except in unusual circumstances.
(c) Statement of applicable authority. It shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form or a brief filed contemporaneously with the motion; or in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
(d) Scheduling: It shall be scheduled for argument after filing and without the necessity of filing a praecipe for argument or like document. Argument will be scheduled for a time and date certain, and not at a regularly scheduled argument court. The court, in its discretion, may decide the matter at argument or take the matter under advisement.
(e) Reply brief: The opposing party shall file an answer or reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.
(f) Telephone or video conferences: The court, in its discretion, may hear any argument by telephone or video conference hookup provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
(g) The Official Court Reporter does not attend arguments unless directed by the court, or upon timely request of counsel.
(h) Transcripts: If the argument relates to the testimony presented, the moving party shall arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.
RULE L1039 Reserved
ACTION OF EJECTMENT
Pa.R.C.P. 1051 to 1057RULE L1053 Service
Unless otherwise ordered by the court, service by publication shall be made by publication for two consecutive weeks in a newspaper of general circulation within the county. No further action can be taken until twenty (20) days after the last publication. Proof of publication shall be filed in the prothonotary's office.
ACTION TO QUIET TITLE
Pa.R.C.P. 1061 to 1066RULE L1064 Service
(a) If a defendant is dead or his identity or whereabouts is unknown and the plaintiff moves the court for an order authorizing service by publication upon such a defendant, the plaintiff shall attach an affidavit to such motion setting forth the following averments:
1. The plaintiff has caused the records in the offices of the Register and Recorder to be examined to ascertain the date of death of the defendant, whether he died testate or intestate, the names and addresses of all the defendant's heirs, legatees or devises, and whether or not there has been any adverse conveyance of the real estate that is subject of the suit.
2. That he had made a good faith effort to locate the whereabouts of the defendant or defendants.
3. That in the case of a corporation that has been dissolved, he has caused the records in the offices of the Register and Recorder to be examined to ascertain whether or not there has been adverse conveyance or distribution of the real estate that is the subject of the suit.
(b) Unless otherwise directed by the court, service by publication shall be made two consecutive weeks in a newspaper of general circulation in the county.
RULE L1066 Form of Judgments or Order
Any order entered under subsection (b) (1) of the Pennsylvania Rules of Civil Procedure shall include a description of the property. If notice of the entry of such an order is given by publication, it shall be given as provided by Rule L1064.
RULE L1302 Arbitration
(a) All cases which are at issue, where the amount in controversy (exclusive of interest and costs) shall be $25,000 or less, except those involving title to real estate, equity actions, actions upon bail bonds and recognizances, actions upon penal statutes, and other actions which do not involve the recovery of money damages, including divorce, mandamus and quo warranto, shall be submitted to and heard and decided by a Board of Arbitration which shall be composed of three (3) attorneys. The Prothonotary shall maintain a list of available arbitrators who shall all be members of the Bar actively engaged in the practice of law primarily in McKean County.
(b) Cases which are not at issue, and whether or not suit has been filed, may be submitted to a Board of Arbitration by agreement of reference signed by all parties or their counsel. The agreement of reference shall define the issues to be submitted to the Board, and, when agreeable to the parties, shall also contain stipulations with respect to facts agreed or defenses waived. When a case is submitted to the Board by agreement of reference, the agreement shall take the place of pleadings and shall be filed of record in the office of the Prothonotary and shall be assigned a number and term.
(c) Cases shall be placed on the arbitration list by one or more of the parties in the case or their counsel filing a Praecipe for Arbitration, together with a listing fee in the amount of $100. Ten days after the case has been preaciped onto the list, if no objection thereto have been filed, the Prothonotary shall promptly appoint a panel of three (3) arbitrators to hear and decide the case, and shall forward copies of all pleadings and other documents filed in the case to all arbitrators. The chairman so appointed shall forthwith establish the time, date and place of trial and notify all counsel of record, unrepresented parties, and members of the arbitration panel thereof at least 30 days in advance unless a shorter time is stipulated to. All trials shall be held within 60 days of the date the chairman is appointed by the Court. In the event the matter is settled prior to hearing but after the chairman has scheduled a hearing, $50 of the filing fee shall be paid to the chairman as reimbursement for office expenses. In the event the matter has been settled prior to hearing and before the chairman has scheduled a hearing, $50 of the filing fee shall be refunded to the party who paid it. In either event the remaining $50 shall be retained by the Prothonotary to reimburse expenses. The filing fee shall be charged to the party first listing the case for hearing, and only be assessed one time per case.
(d) Each member of a Board of Arbitrators who has signed the award shall receive as compensation for his services in each case a fee of Two Hundred Fifty ($250.00) Dollars. In cases requiring hearings of unusual duration or involving questions of unusual complexity, the Court, on petition of the members of the Board and for cause shown, may allow additional compensation. The members of a Board shall not be entitled to receive their fees until after filing an award with the Prothonotary. When the same is filed, the Prothonotary shall issue an order for payment of such fees which shall be immediately paid from County funds as in the case of all other County debts. Fees paid to Arbitrators shall not be taxed as costs nor follow the award as other costs.
(e) Before entering upon their duties the members of the Board of Arbitrators shall subscribe to an oath to perform their duties and decide the case submitted to them justly and equitably, and with due diligence, which oath shall be filed with their award. In all cases, a decision by majority of the members of the Board of Arbitrators shall be conclusive.
(f) The Board of Arbitrators, or a majority of the members thereof, shall conduct the hearing before them with due regard to the law and according to the established rules of evidence, and shall have the general powers of a court including, but not limited to, the following powers:
(1) To issue subpoenas to witnesses to appear before the Board as in other civil actions, and to issue an attachment upon allowance by the Court for failure to comply therewith.
(2) To compel the production of all books, papers and documents which they shall deem material to the case.
(3) To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by deposition, and to decide the law and facts of the case submitted to them.
(4) To adjourn their meetings from time to time. Requests for continuances shall be made to the Court of Common Pleas.
(a) If, after the appointment of a Board of Arbitrators, but before hearings, one of the members thereof shall die or become incapable of acting, or shall refuse to attend the hearing, or shall remove or depart from the county, the remaining members of the Board shall, upon agreement of the parties, proceed to hear the matter at issue.
(b) If a member of the Board dies or becomes incapable of acting, or shall fail or refuse to perform his duties, after hearing but before an award shall be made, the case shall be decided and the award signed by the remaining members of the Board. If they cannot agree, the matters shall be heard de novo by a new Board, to consist of the remaining members plus a third to be appointed by the Prothonotary.
(c) The Board shall have the right to proceed ex parte in a proper case if, after due notice, one of the parties fails to appear at the hearing and does not request a continuance for good cause.
(d) The Board of Arbitrators shall file an award with the Prothonotary within 20 days after the hearing. The award shall be signed by all or a majority of the members of the Board. The Prothonotary shall file the award and enter the same in the proper dockets and transmit a copy thereof by mail to the parties or their counsel. The Prothonotary shall record any award in the judgment index as verdicts are now recorded.
(e) The award, if any, unless appealed from as herein provided, shall be final and shall have all the attributes and legal effect of a judgment entered by a court of competent jurisdiction. If no appeal is taken within the time allotted therefor, execution process may be issued on the award as in the case of other judgments.
(f) An appeal from an award by the Board of Arbitrators may be taken pursuant to procedure established in the Pennsylvania Rules of Civil Procedure.
(g) All appeals shall be de novo. Despite any costs which a successful appellant may recover from the adverse party, he shall nevertheless not be entitled to recover the arbitrators' fees paid by him as a condition of taking his appeal.
(h) Any party may file exceptions with the Court from the decision of the Board of Arbitration within twenty (20) days from the filing of the award for either or both of the following reasons and for no other:
(1) That the arbitrators misbehaved themselves in the conduct of the case;
(2) That the actions of the Board was procured by corruption or other undue means. If such exceptions shall be sustained, the award of the Board shall be vacated by the Court.
(g) Any case not arbitrable under the foregoing provisions of this Rule may be submitted to arbitration according to the procedure herein provided, by stipulations of all Parties thereto or their counsel.
(h) This Rule shall apply to cases involving more than one claim, including counter claims, if none of such claims exceed $25,000.
(i) This Rule shall govern cases pending in the Court of Common Pleas of McKean County on the effective date hereof, and all such cases to which the rule shall be applicable which are listed for trial shall be stricken from the trial list and referred to arbitration under the provisions hereof.
(j) The Prothonotary shall provide such printed forms as shall be appropriate to effectuate the provisions of this rule.
(k) All rules of this court or portions thereof which are inconsistent herewith are hereby repealed.
MINORS AS PARTIES
Pa.R.C.P. 2026 to 2050RULE L2039 Compromise, Settlement Discontinuance and Distribution
Except as otherwise authorized by the court, no settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence or report as to the extent of the minor's injuries, an itemized statement of all expenses incurred, whether or not they have been paid any by whom, and such further information as the court shall deem necessary.
INCAPACITATED PERSONS AS PARTIES
Pa.R.C.P. 2051 to 2075RULE L2064 Compromise, Settlement, Discontinuance and Distribution
Except as otherwise authorized by the court, no settlement of an action for personal injuries to an incompetent party to the action will be authorized or approved without the appearance of the incompetent party in court where practicable, medical evidence or report as to the extent of the incompetent party's injuries, an itemized statement of all expenses incurred, whether or not they have been paid and by whom, and such further information as the court shall deem necessary.
UNINCORPORATED ASSOCIATIONS AS PARTIES
Pa.R.C.P. 2151 to 2175RULE L2152 Actions by Associations
The Plaintiff's initial pleading in an action prosecuted by an association shall set forth the names and addresses of the officers thereof or of all persons known to be holding themselves out as such. In case the said officers do not constitute the trustees ad litem, or have not consented to the prosecution of the action by consent in writing attached to the initial pleading, the plaintiffs shall serve notice, in the manner provided in Rule 440 of the Pa.R.C.P. of the bringing of the action upon said officers within ten days thereafter and file proof thereof in the action; otherwise, the action shall be automatically stayed until such proof is filed.
ACTIONS FOR WRONGFUL DEATH
Pa.R.C.P. 2201 to 2225RULE L2205 Notice to Persons Entitled to Damages
Notice shall in all cases be given personally or by registered or certified mail to each person entitled by law to recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to him after diligent search therefore, in which case the plaintiff shall cause the notice to be advertised one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office.
SUBSTITUTION OF PARTIES
Pa.R.C.P. 2351 to 2375RULE L2353 Service of Rule
When a party seeks to serve a successor by publication, he shall advertise a notice of the rule one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office.
RULE L2952 Confessed Judgments
When a judgment is entered upon any instrument containing a warrant of attorney, which instrument accompanies a mortgage, a statement shall be placed in the complaint showing the book and the page where said mortgage is recorded. If the instrument is entered without a complaint, a statement shall be placed upon the instrument itself.
ENFORCEMENT OF JUDGMENTS
Pa.R.C.P. 3103 to 3149RULE L3110 Execution Against Contents of Safe Deposit Box
When the Plaintiff seeks to serve a party by publication as provided in paragraph (c) of Pa.R.C.P. 3110, it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proof of such publication shall be filed in the prothonotary's office.
RULE L3112 Service upon Garnishee Real Property of Defendant in Name of Third Party
Whenever a party seeks to serve a garnishee by publication as provided in paragraph (c) of Pa.R.C.P. 3112, it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proofs of publication shall be filed in the prothonotary's office.
RULE L3123 Debtor's Exemption
The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within forty-eight (48) hours thereof.
RULE L3128 Notice of Sale of Personal Property
One copy of the handbill shall be mailed, by certified United States mail, to the defendant by the sheriff.
DEPOSITIONS AND DISCOVERY
Pa.R.C.P. 4001 to 4020RULE L4010 Exchange of Medical Reports
When a mental or physical examination has been made pursuant to Pa.R.C.P. 4010, counsel shall be prepared to exchange medical reports, as provided therein, not more than thirty (30) days after the examination has been made.
[Pa.B. Doc. No. 07-1689. Filed for public inspection September 14, 2007, 9:00 a.m.]
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