THE COURTS
ADAMS COUNTY
Local Rules of Civil Procedure; Administrative Order No. 9 of 2005
[35 Pa.B. 3004]
Order of Court And Now, this 6th day of May, 2005, all existing local rules of Civil Procedure are repealed and replaced by the following rules.
Local Rules of Civil Procedure 205.2(a) and (b); 206.1(a); 206.4(c); 208.2(c), (d) and (e); 208.3(a), (b) and (c); 210; 1028(c); 1034(a) and 1035.2(a) shall become effective upon publication of the web site of the Administrative Office of Pennsylvania Courts. All other local Rules of Civil Procedure shall become effective 30 days after publication in the Pennsylvania Bulletin.
Seven certified copies of these rules shall be filed with the Administrative Office of the Pennsylvania Courts. Two certified copies and a computer diskette containing the text of these rules in MSDOS, ASCII, Microsoft Word or Word Perfect format and labeled with this court's name, address and computer file number, shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One certified copy of these rules shall be filed with the Pennsylvania Supreme Court Civil Procedural Rules Committee and the Domestic Relations Procedural Rules Committee. One certified copy of these rules shall be forwarded to the Adams County Bar Association for posting on its web site.
Upon these rules becoming effective, they shall be posted on this Court's web site.
A copy of these rules shall be kept continuously available for public inspection in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of these rules.
By the Court
JOHN D. KUHN,
President Judge
ADAMS COUNTY COURT OF COMMON PLEAS
RULES OF CIVIL PROCEDURERule 51. Title and Citation of Rules. Scope.
All civil procedural rules adopted by the Adams County Court of Common Pleas shall be known as the Adams County Rules of Civil Procedure and may be cited as ''Adams C.Civ.R. No. ____ .'' These rules shall be read in conformity with the Pennsylvania Rules of Civil Procedure and shall apply to all civil actions, including appeals, brought before the Adams County Court of Common Pleas.
BUSINESS OF COURTS Rule 205.2(a). Filing Legal Papers with the Prothonotary.
A. Physical Characteristics of Filed Papers
Legal papers submitted to the Prothonotary shall comply with the following requirements of Adams County Rule of Judicial Administration No. 3.0(A).
B. Caption
The caption shall conform to Pa.R.C.P. No. 1018.
Note: Upon the filing of any paper, it is the duty of the Prothonotary to immediately docket the paper. Counsel may choose to hand carry the paper to the Court Administrator's Office if Court action is required, or may leave the paper with the Prothonotary for daily transmission to the Court.
Rule 205.2(b). Cover Sheet. (Reserved)
Rule 206.1(a). Petitions. Definition.
A. Additional Petitions
In addition to the definition set forth in Pa.R.C.P. No. 206.1(a)(1), the following documents are defined as petitions:
1. An application to withdraw an appearance as attorney of record pursuant to Pa.R.C.P. No. 1012(c) and Adams C.Civ.R. No. 1012.
2. An application for a change of venue pursuant to Pa.R.C.P. No. 1006.
3. An application to intervene pursuant to Pa.R.C.P. No. 2328.
4. An application for name change pursuant to 54 Pa.C.S.A. § 701, et seq.
5. Preliminary objections filed pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6).
6. An application pursuant to Pa.R.C.P. No. 2952(9).
7. A petition filed under Adams C.Civ.R. No. 251.
Note: Applications pursuant to Pa.R.C.P. No. 2039 (approval relating to compromise of minor's settlement), Pa.R.C.P. 2064 (relating to compromise of incapacitated person) and Pa.R.C.P. 2206 (relating to wrongful death settlement) are governed by Adams C. Civ. R. 2039, 2064 and 2206.
Rule 206.4(c). Petition. Rule to Show Cause.
A. The procedure set forth in Pa.R.C.P. No. 206.6 is adopted and a rule to show cause shall issue following petition as a matter of course pursuant to that Rule with the exception that no rule will issue for a petition under Adams C.Civ.R. No. 206.1(a)(4). Petitions under Adams C.Civ.R. No. 206.1(a)(4) will be scheduled for hearing by the Civil Business Judge designated by the President Judge.
B. Form Order. The petitioner shall attach to all petitions, except those filed under Adams C.Civ.R. No. 206.1(a)(4), a proposed Order in the following form:
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY
(Caption)
ORDER AND NOW, this ____ day of ______ , 200 __ , upon consideration of the within petition, it is hereby ordered that:
(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
(2) the respondent shall file an answer to the petition within twenty days of service upon the respondent;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) An evidentiary hearing on disputed facts, if necessary, and argument shall be held on ______ , 200 __ , at _____ , in Courtroom ____ of the Adams County Courthouse;
(5) [ ] The petitioner shall file a brief in support of the petition within thirty (30) days of the date of this Order. Any party opposing the petition shall file a responsive brief within seven (7) days of service of the petitioner's brief.
[ ] The filing of briefs is not necessary.
(6) Notice of the entry of this order shall be provided to all parties by the petitioner.
[In cases where a stay of execution has been requested]
(7) The request for a stay of execution shall be heard by the Court on ______ , 200 ____ , at _____ , in Courtroom ____ of the Adams County Courthouse.
BY THE COURT,
_________________
J.C. The Court, in its discretion, may determine that there are extraordinary circumstances justifying immediate relief or modification of the form of the Order or time period set forth therein. Any party to a petition may move the Court to modify the procedures set forth in the rule to show cause.
D. The Court may decide a request for a stay of execution by telephone or other conference with the parties or their counsel rather than the alternative set forth in the form of the Order.
E. All petitions filed with the Prothonotary's Office shall be docketed and immediately forwarded by the Prothonotary to the Court Administrator's Office who, thereafter, shall forward the petition to the Civil Business Judge designated by the President Judge. Alternatively, petitions, once filed and docketed, may be hand delivered as set forth in the note to Adams C.Civ.R. No. 205.2(a).
F. Service. A petition shall be served upon all of the parties to the action contemporaneously with the filing of the petition with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the petition. The Court may excuse prior service in the case of an emergency petition.
Rule 208.1. Motion. Definition. Scope.
A. All applications to the Court for an Order in any civil action or proceeding shall be considered a motion and shall comply with all rules set forth in the Pennsylvania Rules of Civil Procedure and Adams County Local Civil Rules regarding motion practice unless specifically excluded by subparagraph B.
B. Local rules relating to motion practice shall not apply to the following matters:
(i) Petitions as defined by Pa.R.C.P. No. 206.1 and Adams C.Civ.R. No. 206.1(a);
(ii) Preliminary objections which shall be governed by Adams C.Civ.R. No. 1028(c);
(iii) Motions for judgment on the pleadings which shall be governed by Adams C.Civ.R. No. 1034(a);
(iv) Motions for summary judgment which shall be governed by Adams C.Civ.R. No. 1035.2(a);
(v) Motions relating to the conduct of a trial including, but not limited to, motions for non-suit, motions relating to jury selection, and motions to exclude expert testimony pursuant to Pa.R.C.P. No. 207.1;
(vi) Affidavits pursuant to Pa.R.C.P. No. 1066 (relating to actions to quiet title) which shall be governed by Pa.R.C.P. No. 1066 and Adams C.Civ.R. No. 1066;
(vii) Motions in limine which shall be governed by the Court's Order following pre-trial conference;
(viii) Applications pursuant to Pa.R.C.P. No. 2039 (approval relating to compromise of minor's settlement), Pa.R.C.P. 2064 (relating to compromise of incapacitated person) and Pa.R.C.P. 2206 (relating to wrongful death settlement) which shall be governed by Adams C.Civ.R. Nos. 2039, 2064 and 2206;
(ix) Any application excluded from the definition of motion by Pa.R.C.P. No. 208.1;
(x) Discovery motions shall be governed by Adams C.Civ.R. No. 208.3(c);
(xi) Motions for the appointment of arbitrators which shall be governed by Adams C.Civ.R. Nos. 1301(a) through 1303(b).
(xii) Motions filed in professional liability actions pursuant to Pa.R.C.P. No. 1042.1 et. seq. shall be governed by Adams C.Civ.R. No. 1042.1.
Rule 208.2(c). Motion. Form. Content.
All motions shall identify the applicable procedural rule, statute or other legal authority.
Rule 208.2(d). Motion. Certification. Stipulation.
(A) All motions must include a certification by counsel for the petitioner, or the petitioner, that the motion is uncontested by all affected counsel and unrepresented parties or, in the alternative, that concurrence of all affected counsel and unrepresented parties has been sought or has been unable to be obtained. All uncontested motions shall include a proposed Order on the first page of the motion.
(B) Stipulated applications for relief. If the parties agree to the relief sought, the application for a Court Order shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties and a proposed Order.
Rule 208.2(e). Motion. Discovery Certification.
Every motion relating to discovery shall contain a certification by counsel, or the party, that the moving party has conferred or attempted to confer with all interested parties in order to resolve the matter without Court action and, after reasonable effort, has been unable to resolve the issue.
Rule 208.3(a). Motion. Simplified Procedure.
The following ''motions'' shall be considered by the court without written responses or briefs:
(1) Requests for Alternative Service pursuant to Pa.R.C.P. Rule 430;
(2) Requests to Proceed Informa Pauperis (Pa.R.C.P. Rule 240);
(3) Any motion certified as uncontested pursuant to Adams C.Civ.R. 208.2(d).
The foregoing motions, after filing with the Prothonotary, shall be presented to the Court Administrator. The Court Administrator shall promptly deliver the motion to the Civil Business Judge for review and determination.
Rule 208.3(b). Motion. Procedures.
(A) In addition to the requirements contained in Pa.R.C.P. No. 208.2, the moving party shall file a supporting brief concurrently with the filing of a motion. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
(B) Response. Within twenty (20) days after service of the moving party's motion and brief, any party opposing the motion may file a written response; however, a response is not required.
(C) Responsive brief. Within twenty (20) days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
(D) Reply brief. The moving party may file a brief in reply to a responsive brief within five (5) business days after service of a responsive brief.
(E) Argument. Motions shall be considered on briefs by the Court without argument unless a party files a request for oral argument by praecipe. Such request shall be filed by the moving party concurrent with the filing of the motion. Requests by any opposing party shall be filed within the time period in which a response may be filed pursuant to subparagraph (B) of this Rule. Oral argument shall be held at such time and place as the Judge shall direct. A praecipe for argument not filed within the time period set forth hereinabove shall be considered by the Court as an agreement between the attorneys that the matter be submitted to the Court on briefs.
(F) Upon the filing of a motion and a supporting brief, the Prothonotary shall expeditiously transmit the file to the Court Administrator's Office who thereafter will forward the file to the Civil Business Judge designated by the President Judge. Thereafter, upon the filing of a response, a responsive brief or any other documents affecting the matter, the Prothonotary shall immediately docket the same and expeditiously transmit the documents to the Judge in possession of the file.
(G) Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.
Rule 208.3(c). Discovery Motion.
(A) Failure to answer written interrogatories. A motion seeking to compel an opposing party to answer written interrogatories shall include:
(1) All content set forth in Pa.R.C.P. No. 208.2(a);
(2) A concise statement concerning the date of service of the interrogatories on the opposing party;
(3) A description of all reasonable efforts used to resolve or to obtain answers to the interrogatories;
(4) A certification that the interrogatories have not been answered in the time period required by the Pennsylvania Rules of Civil Procedure; and
(5) A proposed Order substantially in the following form:
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY
(Caption)
ORDER AND NOW, this ____ day of ______ , 200 __ , upon consideration of the Motion to Compel Answers to Interrogatories, it is hereby Ordered that the (Plaintiff/Defendant) shall file answers to the (Defendant/Plaintiff)'s interrogatories within twenty (20) days of the date of this Order. Failure to comply with the time period set forth in this Order may result in the imposition of sanctions including the preclusion of evidence and the imposition of attorney fees.
BY THE COURT:
_________________
J.(B) Other discovery motions. All discovery motions, other than those set forth in subparagraph (A) above, shall include the following:
(1) All information contained in subparagraph (A) above;
(2) Where applicable, a copy of the discovery request and response, if any, in dispute;
(3) A proposed Order substantially in the form set forth in Adams C.Civ.R. No. 206.4(c).
All discovery motions other than those set forth in subparagraph (A) above shall result in the issuance of a rule pursuant to Adams C.Civ.R. No. 206.4(c) and shall proceed as a matter of course pursuant to Adams C.Civ.R. No. 206.4(c).
Rule 210. Form of Briefs.
(A) Briefs shall contain complete and accurate citations of all authorities.
(B) The brief of the moving party shall contain all relevant facts, a procedural history, the questions involved, the argument and a conclusion.
(C) The brief in opposition shall contain an argument and a conclusion. It is not necessary that a counterstatement of the case or the question involved be included; however, if the brief in opposition does not include a counterstatement of the case or the question involved, the statement of the moving party shall be deemed adopted.
(D) Briefs shall be submitted on 81/2" by 11" paper and shall be double spaced except as stylistically necessary when quoting resources or authority.
(E) Any brief more than fifteen (15) pages shall contain a table of contents and a table of citations.
(F) A party shall file a brief with the Prothonotary who shall immediately docket the same and expeditiously forward the brief to the appropriate Judge.
Rule 212. Pre-Trial Procedure.
(A) Procedure. When an action is at issue and discovery has been substantially completed, any party may, by praecipe filed with the Prothonotary, request a pre-trial conference. The praecipe shall state whether the case is to be tried before a jury or by bench trial.
(B) Bench Trial. The Prothonotary shall refer bench trial listings to the Civil Business Judge designated by the President Judge. The judge to whom the case is referred shall then schedule a pre-trial conference at a time convenient to the Court, counsel and/or the parties. A pretrial memorandum shall be filed within the time period and in substantially the form set forth in Adams C.Civ.R. No. 212.2.
(C) Jury Trial. The Prothonotary shall maintain a schedule for pre-trial conferences for cases to be tried by a jury. Conferences will be scheduled to begin on the hour during Pre-Trial Conference Days listed on the annual Court Calendar. The party requesting the conference shall state the time and date preferred for the conference; however, the Prothonotary shall retain scheduling authority. Conferences shall not be scheduled prior to 9:00 a.m., at noon, or after 3:00 p.m. except by special order of court. The Prothonotary shall notify all counsel and pro se parties of the time and date of the conference. The notice shall advise the parties of the requirement to comply with Adams C.Civ.R. No. 202.2. All pre-trial conferences shall be held by the Judge designated by the President Judge.
(D) Unless excused by the Court in advance, the attorney or party who intends to try the case shall attend the pre-trial conference. In the absence of excuse, the Court may require the attending attorney or party to try the case. If an attorney or party fails to appear for the pre-trial conference, the Court may proceed in his/her absence and enter binding rulings regarding any matter, including the admissibility of evidence.
(E) The conference Judge may sua sponte, or on the motion of any party, dispense with the need for a pre-trial conference, or in the alternative, authorize that a pre-trial conference be conducted telephonically. In the event that a party or counsel is granted permission to participate telephonically, the parties shall be responsible for making all the arrangements for telephonic participation and shall pay all costs related thereto. A party participating in a telephonic conference is not relieved from compliance with Adams C.Civ.R. No. 212.2.
(F) Although it is not necessary for the parties represented by counsel to appear, counsel must appear with authority to bind the client. Parties, or their authorized representatives, must be available by telephone during the pre-trial conference.
(G) At the conclusion of the pre-trial conference, the assigned Judge shall issue an Order setting forth the date of bench trials, or in the event of a jury trial, setting the case for a specific term. The Court Order shall designate a date certain upon which the case will be called to determine trial readiness. The parties may answer the call formally by appearance, or informally by telephone or correspondence to the Court Administrator's Office prior to the call date. Failure to answer the call may result in the case being stricken from the trial list. The Order shall also set forth when appropriate any other action taken at the pre-trial conference including the scheduling of all matters to be completed before trial.
Rule 212.1. Notice of Earliest Trial Date.
Trials by jury may be scheduled during any civil trial term so designated on the Court calendar provided that the earliest date on which the case may be tried is during the first civil trial term which follows the pre-trial conference held pursuant to Adams C.Civ.R. No. 212.2 by at least thirty (30) days. This rule may be waived by agreement of the parties with the permission of the Court.
Rule 212.2. Pre-Trial Statement.
At least five (5) days prior to the pre-trial conference held pursuant to Adams C.Civ.R. No. 212.3, each party shall submit a pre-trial statement which shall contain the following:
(1) A brief narrative statement of the case;
(2) The names and addresses of all persons who may be called as witnesses by the party filing the statement identifying each as a ''fact witness, expert witness or damages witness.'' A reference which does not state the name of the witness shall be permitted when the witness is described by title or representative capacity;
(3) A list of all exhibits which the party intends to use at trial;
(4) A statement of the issues involved;
(5) A statement of damages claimed;
(6) A statement of proposed amendments to pleadings, if any;
(7) A statement of suggested stipulations of law or facts;
(8) Any special requests. For example, a request for a view or a request relating to matters of discovery;
(9) Estimated duration of trial;
(10) A copy of any written reports, or answers to written interrogatories consistent with Pa.R.C.P. No. 4003.5, containing the opinion and basis for the opinion of any person who may be called as an expert witness; and
(11) The amount of settlement demands or offers.
A party which fails to provide a pre-trial statement as required by this Rule may be sanctioned as permitted by Pa.R.C.P No. 212.2(c).
Rule 227.1. Post-Trial Motion.
A. Procedure. Upon the filing of a post-trial motion by any party, the Prothonotary shall immediately docket the motion and expeditiously forward it to the trial Judge. All post-trial motions shall be accompanied, where appropriate, by a proposed Order for a transcription of the record. Thereafter, the trial Judge shall enter an Order addressing the transcription of the record and a briefing schedule.
B. Service. A party filing a post-trial motion shall serve a copy of the motion on the trial Judge and every other party to the action on the same business day which the motion is filed.
Rule 236. Notice of Order or Judgment.
When the Prothonotary is required by general or local rule to give notice to any party of any hearing, order, judgment or other matter, it shall be the duty of the moving party to furnish the Prothonotary with sufficient copies of such documents. If the document is to be mailed, the moving party shall also furnish the postage, pre-paid envelope with the name and address of the recipient set forth thereon. The Prothonotary shall note the date that the notice was sent on the file copy. If sufficient copies are not provided, the Prothonotary shall make sufficient copies and charge the moving party a fee of $1.00 per copy for the cost thereof. Additionally, the Prothonotary may assess postage fees against any moving party who fails to furnish a pre-paid envelope as required by this rule.
Rule 251. Money Paid into Court.
Except for appeals from District Justices pursuant to Pa.R.C.P.D.J. No. 1008 (see Adams County Rule of Judicial Administration 10.0), any party wishing to pay money into the Court shall, by petition, in conformance with Adams C.Civ.R. No. 206.4(c), request leave to do so. The Prothonotary shall open and maintain accounts for deposit of funds paid into Court. Disbursements from the accounts shall be made only pursuant to Court Order. The Prothonotary shall be entitled to an administrative fee of $25.00 from the account for handling the account.
Rule 252. Accounts.
When an account is required in a civil action, the account shall proceed in accordance with the Adams County Local Orphans Court Rules except that the filing shall be with the Prothonotary.
SERVICE OF ORIGINAL PROCESS AND OTHER LEGAL PAPERS Rule 430. Legal Publication.
Note: See Adams County Rule of Judicial Administration No. 11.
ACTIONS Rule 1018.1. Notice to Defend.
A. The following is designated to be named in the Notice to Defend as the organization from which information can be obtained:
Court Administrator
Adams County Courthouse
111-117 Baltimore Street
Gettysburg, PA 17325
Telephone: (717) 337-9846B. The Court Administrator, upon receiving oral or written inquiry as a result of the endorsement on any pleading, shall furnish the name and telephone number of an appropriate member of the Legal Aid Committee of the Adams County Bar Association or immediately forward to the inquiring party a prepared list of the names, addresses, and telephone numbers of all the resident members of the Bar of Adams County, or both. The Court Administrator shall include on such list Mid-Penn Legal Services, Inc., 432 South Washington Street, Gettysburg, PA 17325; Telephone number (717) 334-7623.
C. Copies of a Spanish translation of the Notice to Defend shall be made available by the Court Administrator upon request.
Rule 1028(c). Preliminary Objections.
A. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(2), (3), or (4).
1. Brief. A party filing preliminary objections pursuant to this subparagraph shall file a supporting brief within ten (10) days of the date of the filing of the preliminary objections. If a supporting brief is not filed within ten (10) days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn and, upon praecipe, the Court shall enter an Order directing the objector to file an appropriate pleading.
2. Responsive brief. If a supporting brief is filed by the petitioner, the respondent shall file a responsive brief within twenty (20) days after service of the supporting brief. Any party who fails to file a responsive brief shall be deemed not to oppose the objections. Upon praecipe, the Court will enter an Order granting the preliminary objections except that no civil action or proceeding shall be dismissed with prejudice for failure to comply.
3. Oral argument. Preliminary objections shall be decided on briefs alone unless the Court orders oral argument. If a party desires oral argument, then, in the case of the party filing the preliminary objections, a written request for oral argument must be filed with the preliminary objections. If a responding party desires oral argument, a written request for oral argument shall be filed with the Court within ten (10) days after service of the preliminary objections. Oral argument shall be held at such time and place as the Judge shall direct.
4. Procedure. Upon the filing of preliminary objections pursuant to this subparagraph, the Prothonotary shall immediately docket the preliminary objections and expeditiously transmit the file to an appropriate Judge. Referrals to Judges for disposition of preliminary objections shall be made on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to an appropriate referral, the case shall be transmitted to the Court Administrator for assignment. Once the preliminary objections are assigned to a Judge, any further filings, including praecipes shall expeditiously be transmitted by the Prothonotary to the Judge in possession of the file.
B. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6).
1. Any party filing preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6) shall attach a Notice to Plead to the preliminary objections. Such objections thereafter shall be governed by Adams C.Civ.R. Nos. 206.1(a) and 206.4(c).
C. Service. All preliminary objections shall be served upon all of the parties to the action contemporaneously with the filing of the preliminary objections with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the preliminary objections. The Court may excuse prior service in the case of emergency preliminary objections.
Rule 1034(a). Motion for Judgment on the Pleadings. Brief.
A. A party filing a motion for judgment on the pleadings shall file the motion, a proposed Order in the form set forth in subparagraph D. below and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn upon praecipe of an opposing party.
B. Procedure. Upon the filing of a motion for judgment on the pleadings and a supporting brief, the Prothonotary shall expeditiously transmit the file to an appropriate Judge. Generally, motions for judgment on the pleadings shall go to the Judge having previous involvement in the matter. Other referrals shall be transmitted on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to the appropriate referral, the case shall be transmitted to the Court Administrator for assignment.
C. Response. Responsive brief. Reply brief. Argument. Except as set forth hereinabove, procedures concerning the filing of a response, a responsive brief, reply brief and argument shall proceed as provided in Adams C.Civ.R. No. 208.3(b).
D. Proposed Order. All motions for judgment on the pleadings shall be accompanied by a proposed Order in substantially the following form:
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
(caption)
ORDER AND NOW, this ____ day of ______ , 200 __ , upon consideration of the attached Motion for Judgment on the Pleadings, it is hereby Ordered that argument on the Motion:
[ ] shall not be held, and the matter shall be decided upon briefs.
[ ] shall be held on ______ , 200 __ , at _____ , in Courtroom No. ____ of the Adams County Courthouse, 111 Baltimore Street, Gettysburg, PA, 17325.
Notice of the entry of this Order shall be provided to all parties by the moving party.
BY THE COURT:
_________________
J.E. Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.
Rule 1035.2(a). Motion for Summary Judgment.
A. Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.
B. Procedure. Upon the filing of a motion for summary judgment, the Prothonotary shall expeditiously transmit the file to an appropriate Judge. Generally, motions for summary judgment shall go to the Judge having previous involvement in the matter. Other referrals shall be transmitted on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to the appropriate referral, the case shall be transmitted to the Court Administrator for assignment.
C. Response. The adverse party must file a response within thirty (30) days after service of the motion pursuant to Pa.R.C.P. No. 1035.3.
D. Brief. The moving party shall file a supporting brief within twenty (20) days after the service of the response by the adverse party. If a brief is not filed within the time period set forth herein, the motion shall be deemed withdrawn, without prejudice, upon praceipe of an opposing party.
E. Responsive brief. Within fifteen (15) days of service of the moving party's brief, any party opposing the motion shall file a responsive brief, together with any portions of the record which support opposition to the motion. Previous filings in the matter need not be attached. In the event that a party fails to timely file a responsive brief, the Judge may:
1. Refuse to allow oral argument by the offending party; or
2. Order oral argument to be continued; or
3. Grant the requested relief except that no civil action or proceeding shall be dismissed with prejudice for failure to comply; or
4. Impose such other sanctions upon the non-complying party as the Judge shall deem proper.
F. Argument. Motions for summary judgment shall be considered on briefs by the Court without argument unless a party files a request for oral argument by praecipe. Such request shall be filed by the moving party concurrent with the filing of the motion. Requests for oral argument by any opposing party shall be filed within the time period in which a response must be filed pursuant to subparagraph C. of this rule. Oral argument shall be held at such time and place as the Judge shall direct.
G. Proposed order. All motions for summary judgment shall be accompanied by a proposed Order substantially in the following form:
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
(caption)
ORDER AND NOW, this ____ day of ______ , 200 __ , upon consideration of the attached Motion for Summary Judgment, it is hereby Ordered that argument on the Motion:
[ ] shall not be held, and the matter shall be decided upon briefs.
[ ] shall be held on ______ , 200 __ , at _____ , in Courtroom No. ____ of the Adams County Courthouse, 111 Baltimore Street, Gettysburg, PA, 17325.
Notice of the entry of this Order shall be provided to all parties by the moving party.
BY THE COURT:
_________________
J.H. Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.
PROFESSIONAL LIABILITY ACTIONS Rule 1042.1. Professional Liability. Motions.
All applications or motions filed in professional liability actions pursuant to Pa.R.C.P. 1042.1, et. seq. shall, upon filing, be expeditiously forwarded to the Civil Business Judge designated by the President Judge. That Judge shall then direct such procedure or order such relief as is deemed appropriate.
Comment: For purposes of this rule, applications or motions shall include, but not be limited to, preliminary objections pursuant to Pa.R.C.P. 1042.2(b), a motion to extend the time for filing a certificate of merit, a motion for sanctions, a motion for conference, mediation, or scheduling order, and a motion compelling production of an expert report. Motions for post-trial relief shall be forwarded to the judge assigned to the trial of the case.
ACTION TO QUIET TITLE Rule 1066. Quiet Title. Order.
All affidavits filed pursuant to Pa.R.C.P. No. 1066 shall be accompanied by a proposed Order containing the requested relief as authorized by Pa.R.C.P. No. 1066.
COMPULSORY ARBITRATION Rule 1301(a). Compulsory Arbitration.
All civil cases within the jurisdictional limits prescribed in Section 7361 of the Judicial Code (42 Pa.C.S. § 7361) shall be subject to arbitration pursuant to Adams C.Civ.R. 1302 et. seq.
Rule 1301(b). Arbitration by Agreement.
Cases may be referred to arbitration if the parties or their counsel agree. If the case is not at issue, or where no pleadings have been filed of record, the agreement to refer shall state the issues to be considered by the board of arbitrators and shall contain all stipulations of facts reached by the parties. The agreement shall be filed of record. The case shall be subject to Adams C.Civ.R. No. 1302, et. seq.
Rule 1302(a). List of Arbitrators. Appointment to Board.
The President Judge shall appoint attorneys to serve as arbitrators and as chairpersons of the boards of arbitrators. The Court Administrator shall maintain a list of attorneys so appointed and shall assign the attorneys to serve from those lists.
Rule 1302(b). Motion for Appointment. Service. Conflicts.
A. Any party to a case, after the pleadings are closed or an agreement to arbitrate has been filed, may request the appointment of a board of arbitrators by written motion. Included in the motion shall be the names of all attorneys who, to the movant's knowledge, may have a conflicting interest in the case. The motion shall have a proposed Order attached to the front of the motion that shall provide spaces for the names of the board members to be inserted when appointed by the Court. The motion shall be accompanied by two copies of the pleadings filed by the moving party, or by two copies of the agreement to refer the case to arbitration.
B. The party moving for the appointment of a board of arbitrators shall serve a copy of the motion on all other parties, or their counsel, before the motion is filed with the Prothonotary. Proof of service shall be filed with the motion.
C. Notification of conflicts. Upon receipt of a motion for the appointment of a board of arbitrators, the parties or their counsel shall notify the Court Administrator of the names of all the attorneys who may have a conflicting interest in the case.
Rule 1302(c). Selection and Appointment of the Board.
After a motion for the appointment of a board of arbitrators has been received by the Court, the Court Administrator shall select three eligible attorneys to serve on the board and present an Order for appointment to the President Judge or the Judge to whom the case is assigned. Unless otherwise indicated, the person named first in the Order appointing the board shall be the chair.
Rule 1302(d). Copies of Pleadings and Distribution of Pleadings.
Upon receipt of the Order appointing a board of arbitrators, the other parties shall promptly provide to the Prothonotary's office two copies of all pleadings that they have filed in the case. The chair of the board of arbitrators shall receive the original file. The copies of the pleadings shall be distributed to the other members of the board by the Prothonotary.
Note: See Adams County Rule of Judicial Administration No. 5.0 about removing papers from the Prothonotary's office.
Rule 1302(e). Arbitrators' Fees.
A. Fees paid to the arbitrators for their services shall be set by Administrative Order of the Court.
B. In the event that a case is settled, withdrawn or terminated after the board of arbitrators has been sworn but before the case is scheduled for hearing, the board shall not be required to file a report and award. The board members shall be entitled, however, to one-half of the arbitration fees and the Prothonotary shall certify the settlement, withdrawal or termination of the case to the County Treasurer so that the said fees may be paid.
Rule 1303. Hearing.
A. Schedule. The chair of the board shall set the time, date and place of the arbitration hearing. A copy of the notice of the hearing shall be provided to the Court Administrator.
B. Continuance. A continuance of the scheduled hearing may be granted by the chair. The party requesting the continuance shall have the duty to coordinate a new time, date and place for a hearing with the arbitrators and with the other parties or their counsel. The party requesting the continuance shall also prepare notices of the rescheduled hearing with postage pre-paid envelopes and deliver them to the chair for signature and delivery. Nothing in this rule shall prohibit a party from seeking a continuance from the Court if it is refused by the chair.
C. When the board is convened for hearing, and if one or more parties is not present, any party who is present may request the Court Administrator to arrange a hearing before a Judge. The Court Administrator will attempt to schedule a hearing before a Judge on the same date as scheduled for hearing before the board. Upon consent of all parties present and the Judge before whom the hearing is scheduled, a Judge shall hear the case and enter a decision.
EQUITABLE RELIEF Rule 1531. Special Relief. Injunctions.
All motions for special relief, including motions pursuant to Pa.R.C.P. Nos. 1530 and 1531, shall be filed with the Prothonotary's office and immediately forwarded by the Prothonotary to the Court Administrator's office who, thereafter, shall forward the motion to the Civil Business Judge designated by the President Judge. Alternatively, applications for special relief, when filed, may be hand delivered as set forth in the note to Adams C.Civ.R. No. 205.2(a). Upon presentation of a motion for special relief, the Civil Business Judge will advise the parties on how to proceed. All motions for special relief shall be served on the opposing party prior to the filing of the motion with the Prothonotary and a Certificate of Service shall be attached to the motion. Prior service of the motion is not required where a party is able to establish to the satisfaction of the Court that immediate and irreparable injury will be sustained before notice can be given to the opposing party.
ACTION PURSUANT TO PROTECTION FROM
ABUSE ACTRule 1901. Commencement and Referral
The Prothonotary and any Magisterial District Judge shall provide written and oral referrals to any person desiring to file a pro se petition under the Protection From Abuse Act, 23 Pa.C.S. § 6101 et. seq. to Legal Services, Inc. and Survivors, Inc. at their Adams County offices, and the Adams County Bar Association referral service. They shall also maintain sample forms and written instructions, in both Spanish and English, and give clerical assistance in completing forms.
The Prothonotary shall accept petitions without requiring the prepayment of filing fees and transmit copies to the Court Administrator for presentment to a judge for the entry of an order. Upon request by plaintiff, the Court may direct that the petition be served upon defendant by the Sheriff.
In the event an emergency petition is to be filed during a business day when the courthouse is open but a Judge is unavailable as contemplated under 23 Pa.C.S.A. Section 6110(a)(1)(iii), such emergency petition shall be filed with the Magisterial District Judge in the district where the petitioner is residing either temporarily or permanently.
Rule 1902. Hearing after Relief by Magisterial District Judge
Whenever relief is granted by a Magisterial District Judge, the Magisterial District Judge issuing the order shall contact the Court Administrator as soon as possible. The Court will, thereafter, schedule a preliminary hearing and continue the temporary order in effect pending a plenary hearing. Preliminary hearings before the Court will be conducted at 1:00 p.m. on the next Business Court Day following the granting of temporary relief by the Magisterial District Judge. The Magisterial District Judge issuing the order shall provide both parties a notice in the form set forth in Adams C.Civ.R. 1906.
The District Justice issuing the temporary order will forward all papers for filing in the Prothonotary's office so that the papers will be available to the Court at the hearing before the Court.
Rule 1903. Petition for Temporary Relief
Petitions for temporary relief may be presented to the Court without the necessity of scheduling an ex parte hearing if the petition is accompanied by an affidavit verifying the averments in the petition and the relief temporarily sought does not include eviction, or transfer of custody of minor children from defendant to plaintiff. Where eviction or custody transfer is requested, an ex parte hearing shall be scheduled.
Rule 1904. Plenary Hearing
Unless the parties agree otherwise, plenary hearings shall be scheduled within ten (10) days after the filing of the petition.
Rule 1905. Contempt Hearing
A. Arrest. When the Court is available, a defendant arrested for contempt shall be produced without unnecessary delay before a judge for arraignment. If arrest occurs when the Court is unavailable, the defendant shall be arraigned before the on-call Magisterial District Judge. Upon request, defendant shall be provided with an application form for the appointment of a lawyer. Unless scheduled by a court order for a different time, contempt hearings shall be scheduled for 1:00 p.m. on the first business day of the week, at least seven (7) and no more than ten (10) days after the defendant's arrest. Bail shall be set by the Magisterial District Judge, and defendant given an opportunity to post bail. The bail may be subject to special conditions such as cessation of abuse. If the defendant is not released on bail, he or she shall be produced before a judge at the first available opportunity following arrest. The Magisterial District Judge shall also, when applicable, follow the procedure outlined in Pa.R.C.P. Rule 1901. At arraignment, the Magisterial District Judge shall advise the defendant of the following:
1. A description of the alleged contemptuous acts;
2. That those acts violate a specific Order of Court;
3. Defendant is subject because of the alleged contempt to a prison sentence of six (6) months and a fine of One Thousand Dollars ($1,000.00);
4. A hearing will be held by a judge on a specified court business day at 1:00 p.m.
5. Defendant is entitled to be represented by a lawyer in the contempt proceeding and that, if defendant qualifies, a lawyer will be appointed to represent him or her free of charge. The defendant shall be notified that he or she must apply for the appointment of a free counsel, and the Magisterial District Judge shall provide an application form upon request;
B. Petition and Rule: Plaintiff will first enter the petition in the Prothonotary's office and then present it to the Court Administrator for the scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled in the same manner as in arrest cases. If a specific time is requested, the Court Administrator will select a time, which will afford speedy relief and afford defendant time to prepare a defense. No answer shall be required by defendant.
C. Criminal Complaint: Contempt proceedings may be commenced by the filing of a criminal complaint before a Magisterial District Judge. Service shall be accomplished as in other criminal proceedings, by a constable, or police officer. If neither is available, the complaint shall be served by the Sheriff. Procedures will be the same as are followed in other protection from abuse proceedings begun before a Magisterial District Judge.
Rule 1906. Form of Notice
NOTICE A Petition Under the Protection from Abuse Act has been filed against you as set forth in the attached Complaint. A temporary order has been entered against you. This order will remain in effect until 1:00 p.m. on ______ , 20 ____ , when it will be considered in a Courtroom that will be designated on that date, in the Adams County Courthouse, Gettysburg, Pennsylvania. At that time, the temporary order may be continued, modified, or terminated. If the order against you is continued or modified, a full hearing on the merits will be scheduled. You may appear and either object or consent to an order against you being continued in effect until a full hearing on the merits. You may, but are not required to, appear and consent to the entry of an order for a longer period of time. Any order entered after a full hearing may remain in force for one (1) year. The Court may proceed in your absence to take testimony and enter an order granting relief to the Petitioner. You are entitled to be represented by an attorney at these hearings. 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.
Adams County Court Administrator
Adams County Courthouse
111-117 Baltimore Street
Gettysburg, PA 17325
Telephone Number: (717) 337-9846 or 1-888-337-9846
_________________
Magisterial District Judge
ACTIONS FOR SUPPORT Rule 1910.10. Procedure
All support proceedings shall be conducted in accordance with Pa.R.C.P. 1910.11.
Rule 1910.11. Notice
The notice required by 23 Pa.C.S.A. § 4303 shall be as follows:
To: Obligor
The law requires the Domestic Relations Office to periodically provide approved consumer reporting agencies with your name and the amount of overdue arrearages that you owe. According to our records, you owe $ ______ , and this amount will be reported unless you contest the accuracy of the information within the next twenty days by filing a written objection with this office. Your objection should specifically state the amount of money that you dispute is owed.
Upon timely receipt of an objection, this office will schedule a conference to resolve the dispute.
Dated ______ ______ Domestic Relations OfficerRules 1912 to 1914. Reserved
Comment: In light of comprehensive state rules, it is felt that local rules are unnecessary and might potentially become confusing. Following conference, procedures in Rule 1910.21-4 shall be followed, but no local rule is needed to indicate this.
ACTIONS FOR CUSTODY, PARTIAL CUSTODY,
AND VISITATION OF MINOR CHILDRENRule 1915.1. Custody
In all custody cases, a preliminary conference will be held, at a time set by the Court, prior to the actual hearing on the custody matter. All parties and their counsel will be required to attend the preliminary conference. Children will not be required to attend unless either party requests their presence, and the court approves such request.
Counsel should appear at the conference prepared to schedule a hearing. Calendars, or familiarity therewith, will be required. If a party has filed preliminary objections to the complaint or petition that has caused the scheduling of the conference, the Court will establish at the conference a schedule and procedure on a case-by-case basis for disposing of such objections as the circumstances of the case warrant. The procedure so established shall be in lieu of the procedure in Adams C.Civ.R. 1028(c).
At the preliminary conference, the parties or their counsel shall provide the Court with a written memorandum, containing at least the following:
(a) names of witnesses;
(b) a statement of the potential issues;
(c) information of the possibility of an amicable settlement without a hearing;
(d) an estimate of the time a hearing would require;
(e) any requests that either party might have;
(f) the de facto custody schedule that the parties have been following for the most recent 6 months (or for such shorter period, if applicable); and
(g) any other information which would help the Court and parties resolve the case.
Rule 1916. Home Studies and Investigations
Adams County Children and Youth Services is designated as the agency authorized to conduct home studies within Adams County. Home studies may be ordered subject to the following:
1. Fees shall be periodically established by administrative order. Until changed, the fee will be seventy-five ($75.00) dollars.
2. Requests for home studies, or the right to request a home study in the future, shall be submitted at the preliminary conference. The request may be included in the conference memorandum.
3. Payment of the home study fee shall be made, and a detailed written description of and directions to the house shall be provided to the agency:
(a) within two weeks of the court order authorizing the study, and
(b) at least 60 days prior to a scheduled hearing.
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE Rule 1920(a). Uncontested Divorce
A party may file a praecipe directing the Prothonotary to forward all papers to the Court for review and for entry of a final decree when all costs have been paid or excused and when all requirements of law and the Rules of Civil Procedure have been fulfilled. If any agreement is to be incorporated within the decree, the party shall state whether or not it is to be merged within the decree. If the defendant files the praecipe, he or she shall state by what authority he or she acts.
Rule 1920(b). Alimony
Claims for alimony pendente lite raised in a divorce complaint or by a subsequent pleading in a divorce action shall be referred to the Domestic Relations Section for a conference upon the written motion of a party, or upon the request of a party at a conference for support. Unless otherwise directed by the Court, an award of alimony pendente lite shall be effective from the date of the motion, or of the request. The procedure for alimony pendente lite shall be in accordance with Pa.R.C.P. 1910.11.
Rule 1920(c). Motion to Appoint Master
When a case is at issue and all discovery relating to issues to be submitted has been completed, a party may move for the appointment of a master. The motion shall under Pa.R.C.P. 1920.74, in item (7) list the names of local attorneys who may be interested in the case, or contain a statement that no local attorneys are known to be interested.
Rule 1920(d). Master's List and Compensation
The Court Administrator shall maintain a list of all attorneys primarily practicing in Adams County and who have not been excused from serving as masters in divorce or annulment. Any attorney may request the President Judge to excuse him or her from such service. Upon motion, the Court will appoint a master from the list to hear the issues set forth in the motion. The master shall be compensated at an hourly rate that will be periodically set by set by administrative order. Until changed, the hourly rate shall be $50.00 per hour. No motion shall be considered unless there has been deposited with the Prothonotary the sum of $500.00 for the purpose of guaranteeing payment of the master's fee as well as stenographer's. The master may request that additional deposits be made, if the case becomes protracted.
Rule 1920(e). Withdrawal of Issues
Upon motion of any party, the Court may withdraw issues from the master, whether or not the master has acted upon those issues.
Rule 1920(f). Payment
A. Upon notice to the parties, the master may request an order directing the Prothonotary to disburse fees, and when a master's report has not been filed within sixty (60) days of the hearing date, the stenographer may request payment by filing the bill with the Prothonotary. If no exceptions to the sums are filed within ten (10) days, the Prothonotary shall disburse funds as requested.
B. The master's report shall state the total amount of master's and stenographic fees being charged, and any amount that remains unpaid. If no exceptions or objections to the amounts are filed within the period for filing exceptions, the Prothonotary shall expeditiously pay the balance of fees requested in the report.
C. If any party excepts or objects to fees, the Prothonotary shall not disburse any money or refund until the Court rules on the exceptions.
Rule 1920(g). Fees
Under appropriate circumstances, the Court may:
(1) excuse a moving party from depositing all or part of fees, and/or
(2) direct the non moving party to pay all or part of the fees, and/or
(3) direct that the County pay all or part of the fees.
Rule 1920(h). Fees as Costs
Master's fees and stenographer's fees shall be considered costs of the case. In the event that master or the Court assesses costs against a party to the action, the costs shall be paid in full or a sufficient amount to cover the costs and shall be deposited with the Prothonotary within thirty (30) days of the date of the court order. If the payment or the deposit is not made within the thirty (30) day period, in addition to other remedies, the Court may direct the master to liquidate sufficient marital property to pay all sums due and owing.
Rule 1920(i). Notice
The master shall give at least ten (10) days written notice of the time and place for taking testimony to the attorneys of record, or to the parties, in the manner prescribed by Pa.R.C.P. 1920.51.
Rule 1920(j). Hearings and Amendments
Subject to the directions of the Court, the master shall have the usual powers of the Court, with regard to the detention of witnesses for examination and the general course of the proceedings before him/her. The master shall also have the authority and power to rule on objections to the admissibility of evidence and to permit amendments to the complaint in order to have the pleadings consistent with the testimony given. However, no amendment shall be permitted which changes the grounds of the divorce alleged. In cases where amendments to the complaint have been granted, the notice of the filing of the master's report shall contain a brief summary of the amendments allowed.
Rule 1920(k). Revocation
The appointment of a master may be revoked by the Court sua sponte, or upon motion of either party for cause shown, or upon the motion of the master on the grounds that no hearing has been held within ninety (90) days after the date of his/her appointment.
Rule 1920(l). Exceptions
Exceptions to the master's report, or any motions or reasons for a new trial in relation to the verdict of any jury, where applicable, which either party shall desire to make, shall be filed with the Prothonotary, and a copy thereof served at the same time upon the opposite party of his/her attorney of record. If no exceptions have been filed to the master's report within ten (10) days, and all costs have been paid, the Prothonotary shall submit such report and all the papers in the case, including his/her certificate stating that all costs have been paid to the Court for final decree.
Rule 1920(m). Delinquent Report
A. If a master fails to file a report and recommendation within the period established by Pennsylvania Rules of Civil Procedure, the master shall report such failure to the Court, explain reasons for the failure and state when the report shall be filed.
B. The Court may terminate a master's appointment, reduce or deny the master's compensation, or order such other relief as may be appropriate, where: a master has violated this rule, or has failed to comply with the time limits of the Pennsylvania Rules of Civil Procedure, without adequate explanation. Such relief may be ordered by the Court sua sponte, or upon application of any party.
Rule 1920(n). Counseling
If either party requests counseling under § 3302 of the Divorce Code, the party making such request shall deposit fifteen dollars ($15.00), with the Prothonotary at the time of filing the request to cover the cost of the counselor's report, unless the court shall order otherwise.
The party requesting counseling shall provide the appointed counselor with a copy of the Court Order directing such counseling.
Rule 1921. Procedure Relating to Masters' Hearing
Subject to the Court's power to withdraw issues from the master, procedures shall be as prescribed by Pa.R.C.P. 1920.55-2.
ACTIONS BY REAL PARTIES IN INTEREST
MINORS AS PARTIESRule 2039. Compromise, Settlement, Discontinuance and Distribution.
A. Contents of the petition. A petition for leave to compromise, settle or discontinue an action in which a minor is a party or an action for wrongful death in which a minor is interested shall set forth:
1. The facts of the case.
2. The damages sustained.
3. All expenses incurred or to be incurred, including counsel fees.
4. Any other relevant information.
B. The Court may require a hearing to determine whether the proposed compromise, settlement or discontinuance should be approved.
C. Appearance at hearing. Necessary parties and witnesses shall appear at the hearing unless excused for cause shown.
D. Proposed Order. All petitions pursuant to this rule shall be accompanied by alternative proposed Orders consisting of a proposed Order containing the suggested relief and a proposed Order substantially in the following form:
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
(caption)
ORDER AND NOW, this ____ day of ______ , 200 __ , the Court shall consider the attached motion at a hearing to be held on ______ , 200 ____ , at _____ , in a Courtroom to be designated.
BY THE COURT:
_________________
J.Rule 2064. Compromise, Settlement, Discontinuance and Distribution.
A petition for leave to compromise, settle or discontinue an action in which an incapacitated person is a party shall be governed by Adams C.Civ.R. No. 2039.
ACTIONS IN WRONGFUL DEATH Rule 2205. Wrongful Death. Notice.
In addition to the formal notice authorized by Pa.R.C.P. No. 2205, a plaintiff in a wrongful death action may give notice to a person entitled to recover damages in the action by any means of service, other than ordinary mail, authorized by general rule.
Rule 2206. Settlement, Compromise, Discontinuance and Judgment.
A petition filed pursuant to Pa.R.C.P. No. 2206 shall be governed by Adams C.Civ.R. No. 2039.
SHERIFF'S INTERPLEADER Rule 3252. Writ of Execution.
The office identified in Adams C.Civil R. No. 1018.1 is designated as the office to be named in a writ of execution notice.
[Pa.B. Doc. No. 05-985. Filed for public inspection May 20, 2005, 9:00 a.m.]
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