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PA Bulletin, Doc. No. 96-669

THE COURTS

Title 252--ALLEGHENY RULES

ALLEGHENY COUNTY

Rules of Court of Common Pleas; No. 2 of 1996 Rules Docket; No. 2 of 1996 District Justice Docket

[26 Pa.B. 1999]

Order of Court

   And Now, this 11th day of April, 1996, pursuant to action of the Board of Judges, the following local rule of the Court of Common Pleas (Rule 1005C--District Justice Proceedings) is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

ROBERT E. DAUER,   
President Judge

Proposed Local Rule 1005C.  District Justice Proceedings.

   C. *(1)  At the same time an appeal is filed and using envelopes provided by the Prothonotary with the Prothonotary's return address, every appellant appealing from a judgment entered by a district justice:

   (a)  shall address an envelope to every other party at his or her address as listed on the complaint form filed in the office of the district justice or as otherwise appears in the records of that office, or the attorney of record, if any;

   (b)  shall address an envelope to the district justice in whose office the judgment was rendered; and

   (c)  shall, if the appellant was a defendant in the action before the district justice, (i) address an envelope to himself or herself at the address used for the appeal and (ii) in addition to the envelopes required by subsection *(1)(a) of this Local Rule, address another envelope to every other defendant, if any, at his or her address as it appears in the records of the district justice, or his or her attorney of record, if any.

   C. *(2)  Using the envelopes addressed by the appellant under Allegheny County Local Rule 1005C.*(1), the Prothonotary shall mail by first class mail:

   (a)  to every party other than appellant, (i) a copy of the notice of appeal, and (ii) if any other party was a plaintiff in the action before the district justice, a copy of the rule pursuant to Pa.R.C.P.D.J. No. 1004B, or, if any other party was a defendant in the action before the district justice, a copy of the complaint, with such service and any return being noted on the court's docket;

   (b)  to the district justice, a copy of the notice of appeal, with such service and any return being noted on the court's docket; and

   (c)  if appellant was a defendant in the action before the district justice, to appellant and any other defendant, a copy of any complaint filed pursuant to a rule to file a complaint, with such service and any return being noted on the court's docket.

   C. *(3)  Pursuant to Pa.R.C.P.D.J. No. 1005C, such first class mailings by the Prothonotary pursuant to Allegheny County Local Rule 1005C.*(2) shall operate as service and proof of service as required by Pa.R.C.P.D.J. Nos. 1005A and 1005B.

[Pa.B. Doc. No. 96-669. Filed for public inspection April 26, 1996, 9:00 a.m.]


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