THE COURTS

Title 252--ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Rules of Court of Common Pleas; No. 3 of 1998 Rules Docket

[29 Pa.B. 17]

Order Amending Local Rules of Court

   And Now, to wit, this 15th day of December, 1998, pursuant to action of the Board of Judges and effective thirty days after publication in the Pennsylvania Bulletin, the following Allegheny County Rules of Civil Procedure are hereby amended:

   General Docket:   1018.1 *(a). Notice to Defend Form.

   Arbitration:   1303. Hearing. Notice.

By the Court

ROBERT E. DAUER,   
President Judge

Rule 1018.1.  Notice to Defend Form.

   (a)*(1).  Every complaint filed in the Arbitration Section of this Court, whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain a Hearing Notice in substantially the form set forth in Local Rule 1303(a)*(2). The Hearing Notice shall immediately precede the Notice (to Defend) which is required by subdivision (b) of the state portion of this rule.

   (2).  This local rule does not apply to Small Claims, which include appeals from District Justices where the damages claimed, exclusive of interest, do not exceed the sum of $3,000.00 and Civil Actions where the damages claimed, exclusive of interest, do not exceed the sum of $3,000.00. The procedures governing Small Claims are set forth in Local Rule 1019*(b).

   (b).  See Form for Local Rule 1303(a)*(2).

   (c)*(1).  The agency to be named in the notice accompanying complaints filed in the Court of Common Pleas of Allegheny County, Pennsylvania, the agency to be named in the Notice of Praecipe to Enter Judgment of Non Pros required by Rule 237.4, and the agency to be named in the Notice of Praecipe to Enter Judgment by Default required by Rule 237.5 shall be:

Lawyer Referral Service
The Allegheny County Bar Association
920 City-County Building
414 Grant Street
Pittsburgh, PA 15219
Telephone:  (412) 261-5555

Rule 1303.  Hearing. Notice. Continuances.

   (a)*(1)  Hearings shall be held in the Court House or other County facility. The Prothonotary shall affix the date, time and place of hearing before a Board of Arbitrators by placing said information on the Complaint which is filed and on the copies of the Complaint which are to be served upon all other parties.

   (2)  The written Hearing Notice required by paragraph *(1) of this rule, for cases that are not Small Claims shall be in substantially the form [on page __.]

   (3)  The written Hearing Notice for Small Claims required by paragraph *(1) of this rule shall be in substantially the form [on page __.]

   ACBA Court Rules Committee Note:  For the definition of Small Claims, see Local Rule 1018.1.

   (b)  Immediately before the time set for hearing, the Arbitration Clerk shall assign cases to each Board of Arbitrators and shall designate the room in which the cases are to be heard.

   ACBA Court Rules Committee Note:  As to Continuances, see Rule A249.

Form for Local Rule 1303*(a)(3) [Small Claims]:

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION

_________________	ARBITRATION DOCKET
_________________	NO. _____ - _____ - _________________
Plaintiff(s)
	HEARING DATE _________________
vs.
___________________________
_________________
Defendant(s)

HEARING NOTICE

   YOU HAVE BEEN SUED IN COURT. The Notice to Defend set forth below explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing on the Complaint and your defenses will take place in Room 523 of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh, Pennsylvania, on the  ____  day of  ______ , ____ , at 9:00 a.m. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGEMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.

   If you file the response BUT FAIL TO APPEAR AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT YOU BEING PRESENT. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.

NOTICE TO DEFEND

   YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the attached copy of the suit papers, YOU MUST complete and detach two of the copies of the attached ''Notice of Intention to Appear''. One completed copy of the ''Notice of Intention to Appear'' must be filed or mailed to the Prothonotary's Office, First Floor, City-County Building, 414 Grant Street, Pittsburgh, PA 15219 and the other completed copy must be mailed to:
 
__________
_________________   within TWENTY (20) days after these papers were served on you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:

LAWYER REFERRAL SERVICE
The Allegheny County Bar Association
920 City-County Building, 414 Grant Street
Pittsburgh, PA 15219
Telephone:  (412) 261-5555.

YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF YOU DO NOT APPEAR FOR THE HEARING, THE CASE MAY BE HEARD IMMEDIATELY BEFORE A JUDGE. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.

Form for Local Rule 1303*(a)(2):

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION

_________________	ARBITRATION DOCKET
_________________	NO. _____ - _____ - _________________
Plaintiff
	HEARING DATE _________________
vs.
___________________________
_________________
Defendant

HEARING NOTICE

   YOU HAVE BEEN SUED IN COURT. The Notice to Defend set forth below explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing on the Complaint and your defenses will take place in Room 523 of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh, Pennsylvania, on the _____  day of ______ , _____ , at 9:00 a.m. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.

   If you file the response, BUT FAIL TO APPEAR AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT YOU BEING PRESENT. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.

NOTICE TO DEFEND

   YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:

LAWYER REFERRAL SERVICE
The Allegheny County Bar Association
920 City-County Building, 414 Grant Street
Pittsburgh, PA 15219
Telephone:  (412) 261-5555.

   YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF YOU DO NOT APPEAR FOR THE HEARING, THE CASE MAY BE HEARD IMMEDIATELY BEFORE A JUDGE. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.

[Pa.B. Doc. No. 99-5. Filed for public inspection December 31, 1999, 9:00 a.m.]

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