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PA Bulletin, Doc. No. 14-14

THE COURTS

LYCOMING COUNTY

Amendments to the Orphans' Court Rules; Doc. No. 13-03016

[44 Pa.B. 20]
[Saturday, January 4, 2014]

Order

And Now, this 5th day of December, 2013, it is hereby Ordered and Directed as follows:

 1. Lycoming County Orphans' Court Rule L3.4 shall be amended as follows. (Bold is new language; bold bracketed is removed language.)

 2. The Prothonotary is directed to:

 a. File one (1) certified copy of this order with the Administrative Office of the Pennsylvania Courts.

 b. Forward two (2) certified copies of this order and a computer disk containing the text of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 c. Forward one (1) copy of this order to the chairman of the Lycoming County Customs and Rules Committee.

 3. The revisions shall become effective 30 days after the publication of this order in the Pennsylvania Bulletin.

By the Court

NANCY L. BUTTS, 
President Judge

 L3.4. Motion [Procedures] Procedure. Cover Sheet.

[The provisions of Lyc. Co. R. C. P. L205.2(b)B shall apply to all filings in the Orphans' Court which are intended to be brought before the court for hearing, argument, conference or similar dispositive action.] The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, exception, or stipulation, that the filing party desires to bring before the court.

A. A cover sheet substantially in the form set forth in subsection G of this section shall be attached to the front of every request for a court order to which this rule applies. Any request for relief on the front of which an applicable rule of procedure requires a specific order or notice to be attached, shall include that order or notice directly following the cover sheet.

B. The cover sheet shall consist of only one page. Captions may be abbreviated. If additional space is necessary to list counsel and unrepresented parties, a separate sheet may be attached. The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.

C. If a cover sheet is not attached as required by this rule, the court may choose not to act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party, or the court.

D. If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet.

E. A proposed order granting the relief requested shall be attached to the cover sheet.

F. The court shall schedule argument, hearing or briefing as the court may require, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet. The clerk shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.

G. The form of the cover sheet shall be substantially as follows:

COURT OF COMMON PLEAS, LYCOMING COUNTY, PENNSYLVANIA
ORPHANS' COURT MOTION COVER SHEET

Caption (may be abbreviated)
Docket No. _________________            

1. Name of filing party: _________________ Case assigned to Judge  ______

2. Filing party's attorney: _________________ Family Court Officer/Auditor ______

3. Type of filing: _____________________________________

4. The following is/are requested:
  [  ] Argument
  [  ] Evidentiary Hearing
  [  ] Court conference
  [  ] Pretrial Conference
  [  ] Entry of uncontested order
   (attach supporting documentation)
  [  ] Expedited consideration. State the basis:
   _________________
   _________________
  [  ] Issuance of a Citation
  [  ] Video conferencing requested. Request form has been submitted. See Lyc. Co. R.G.C.B. L8.
  [  ] Attach this cover sheet to original motion previously filed on: ______
5. Time required:
6. [Name] Names and addresses of all counsel, unrepresented parties and interested parties (including CASA representative, if appointed) and indicate if anyone is incarcerated:










Court Scheduling Technician

    [  ] Continued on separate sheet.

ORDER

 1. ______ An ______ argument ______ factual hearing ______ court conference is scheduled for ______ at  __ m. in courtroom no. ____ , Lycoming County Courthouse, Williamsport, PA.

 2. ______ Pretrial memos including witness list and exhibits are to be filed by the following dates:
       Filing party: _________________ . Responding parties & guardian ad litem ______ .

 3. ______ A response to the motion/petition shall be filed as follows: _________________ .

 4. ______ Petitioner shall ensure service of this scheduling order on all parties and interested persons within ______ days of the date of this order and shall provide the court with proof of service at least ______ working days prior to the scheduled proceeding.

 5. ___________________________ is appointed as guardian ad litem for the child/alleged incapacitated person and petitioner shall serve a copy of this scheduling order on the appointed attorney. The appointed attorney is to be reimbursed at the rate of ______ .

 6. ______ See order attached. ______ See separate order issued this date.

 7. Other _____________________________________ .

                   _________________ ______
                           Judge           Date

 cc: ALL PARTIES OR OTHERS TO BE SERVED WITH NOTICE MUST BE DESIGNATED IN ''6.'' ABOVE.

 NOTICE: The parties are directed to confer for the purpose of resolving any issue raised in the motion/petition. If a resolution is reached prior to the scheduled date, the moving party shall immediately notify the court scheduling technician, the judge or hearing officer assigned to hear the matter, and all counsel of record or parties if unrepresented. Such notice may be in writing or by email.

[Pa.B. Doc. No. 14-14. Filed for public inspection January 3, 2014, 9:00 a.m.]



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