Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 14-2245

THE COURTS

Title 255—LOCAL
COURT RULES

CENTRE COUNTY

Adoption of Local Rule of Judicial Administration 1901; 2014-29

[44 Pa.B. 6915]
[Saturday, November 1, 2014]

Order

 And Now, this 13th day of October, 2014, it is Ordered that effective thirty (30) days after publication in the Pennsylvania Bulletin, Centre County Local Rule of Judicial Administration 1901, regarding Termination of Inactive Cases, as follows, is hereby adopted.

 Maxine O. Ishler, Centre County Court Administrator, shall publish this order and local rule once in the Centre County Legal Journal. Pursuant to Pa.R.J.A. 103, Ms. Ishler shall distribute: one (1) certified copy of this order and local rule via U.S. Mail to be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies of this order and local rule via U.S. Mail and an electronic document via -mail saved in Microsoft Word format via to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Additionally, one (1) copy of this order and local rule shall be provided to each Judge and the Senior Judges in Centre County, the Centre County Law Library, and the Executive Director of the Centre County Bar Association.

 The Centre County Prothonotary shall maintain a copy of this local rule for public inspection and copying. Copies will be provided upon request and payment of reasonable cost of reproduction and mailing.

By the Court

THOMAS KING KISTLER, 
President Judge

Local Rule 1901. Termination of Inactive Cases.

 (1) By November 1st of each year, the Prothonotary shall prepare a list of all civil cases which have been inactive for a period of two (2) years or more.

 (2) The Prothonotary may initiate proceedings to terminate a case in which there has been no activity of record for two (2) years or more by serving a Notice of Proposed Termination of Court Case.

 (3) The Prothonotary shall serve the notice on counsel of record and on any party not represented, sixty (60) days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination.

 (4) The notice shall be served by mail pursuant to Pennsylvania Rule of Civil Procedure 440. If the mailed notice is returned, the notice shall be served by advertisement in the Centre County Legal Journal. If a notice mailed to counsel is returned, the Prothonotary shall check the Pennsylvania Bar Association Lawyers Directory or contact the Administrative Office of Pennsylvania Courts to obtain an address for the attorney.

 (5) A party or counsel may file an objection to termination of the case in writing with the Prothonotary within sixty (60) days of the date of the Notice of Proposed Termination of Court Case. The written objection must include the caption and docket number of the case.

 (6) After sixty (60) days has passed for filing an objection in writing, the Prothonotary shall review each case and if no objection has been received, the Prothonotary shall prepare an order for the signature of the President Judge as of course terminating the matter with prejudice for failure to prosecute.

 (7) If an action has been terminated pursuant to this rule, an aggrieved party may petition the Court of Common Pleas to reinstate the action. All cases terminated pursuant to this rule, shall not be reinstated except with leave of Court, for good cause shown.

 (8) If a written objection to the termination of the case is filed, the Prothonotary shall forward a copy of the objection to the Court Administrator and the matter shall be scheduled for pretrial conference or, if a custody or divorce case, the Court Administrator will notify the assigned Judge's assistant and the matter will be scheduled for conference.

 (9) The notice required by subdivision (3) shall be substantially as follows:

(CAPTION)

Notice of Proposed Termination of Court Case

 The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two (2) years. You may stop this from occurring by filing an Objection to Termination of the Case—Intention to Proceed in writing with the Prothonotary of the Centre County Courthouse, 102 South Allegheny Street, Room 102, Bellefonte, PA 16823.

 If you fail to file an objection in writing, the case will be terminated. You have sixty (60) days from the date of this notice below to file an objection to the termination of the case.

Date of Notice: ____ _________________
Prothonotary & Clerk of Courts
Centre County, Pennsylvania

 (10) A written objection to termination of the case may be in a form such as follows:

(CAPTION)

Objection to Termination of Case—notice of intention to proceed

 To The Court:

 I object to the termination of the above-captioned case and I intend to proceed with the above-captioned case.

Date: ______  _________________
Signature of Party or Attorney

[Pa.B. Doc. No. 14-2245. Filed for public inspection October 31, 2014, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.