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PA Bulletin, Doc. No. 98-1262

THE COURTS

Title 255--LOCAL
COURT RULES

CUMBERLAND COUNTY

Rules of the Court of Common Pleas; No. 95-1387 Civil Term

[28 Pa.B. 3752]

Order of Court

   And Now, this 16th day of July, 1998, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective August 20, 1998, or thirty (30) days after publication in the Pennsylvania Bulletin.

   Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Word Perfect 6.1 for Windows reflecting the text in the hard copy version, one (1) copy of the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal.

By the Court

GEORGE E. HOFFER,   
President Judge

INACTIVE CASES NOT AT ISSUE

   Rule 228.  The Prothonotary shall list, for general call on the last Tuesday of October of each year, all civil matters which are not at issue, and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pa.R.J.A. 1901(c), notify counsel of record and any parties for whom no appearance has been entered, that the matter has been so listed. If no action is taken, and no objection in the form of a petition (with proposed rule to show cause as indicated hereafter) is filed in a listed matter with the Prothonotary prior to the time set for the general call, the Prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to prosecute.

   If a petition setting forth facts in opposition to a dismissal is filed, a rule to show cause in the form provided by Pennsylvania Rule of Civil Procedure 206.5(c) shall issue upon the remaining parties as respondents, and the matter shall proceed in accordance with Pennsylvania Rule of Civil Procedure 206.7 thereafter.

   Adopted and effective January 26, 1976; amended, April 1, 1995, effective April 30, 1995; amended, July 20, 1998, effective, August 20, 1998.

[Pa.B. Doc. No. 98-1262. Filed for public inspection August 7, 1998, 9:00 a.m.]


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