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PA Bulletin, Doc. No. 07-1897

THE COURTS

SCHUYLKILL COUNTY

Amended/Adopted Civil Rules of Procedure; No. S-2393 2007

[37 Pa.B. 5596]
[Saturday, October 20, 2007]

Order of Court

   And Now, this 3rd day of October, 2007 at 3:00 p.m., the Court hereby amends Schuylkill County Civil Rule of Procedure No. 1303(d) and adopts Schuylkill County Civil Rule of Procedure No. 252. The rules are amended/adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District) and shall be effective 30 days after publication in the Pennsylvania Bulletin.

   The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

   1)  File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a CD-ROM reflecting the text in the hard copy version.

   3)  File one (1) certified copy of this Order and Rules with the Pennsylvania Civil Procedural Rules Committee.

   4)  Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

   It if further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM E. BALDWIN,   
President Judge

SCHUYLKILL COUNTY CIVIL RULE OF PROCEDURE

RULE 1303--Hearing, Notice and Continuances

   (d)  At the time the moving party files an arbitration certificate of readiness specified in subsection (b), above, the moving party shall also file a Pre-Arbitration Memorandum which sets forth: (1) a narrative statement of the facts which will be offered into evidence by that party; (2) a statement of legal theory upon which the cause of action or defense is predicated; (3) a complete list of witnesses to be called and the anticipated areas of each witness's testimony; (4) a complete list of exhibits to be presented; (5) a statement setting forth an itemized list of the damages that a party intends to claim and prove; (6) a rough sketch illustrating the incident giving rise to the cause of action (where appropriate); and (7) a statement of any unusual or intricate legal issues or claims together with a citation of legal authorities relied upon.

   The non-moving party shall file its Pre-Arbitration Memorandum within twenty (20) days of receipt of the moving party's Memorandum. The non-moving party's Pre-Arbitration Memorandum shall contain the same seven topics as the moving party's Memorandum.

   THE FAILURE OF THE MOVING PARTY TO FILE ITS PRE-ARBITRATION MEMORANDUM AT THE TIME AN ARBITRATION CERTFICATE OF READINESS IS FILED SHALL RENDER THE CERIFICATE OF READINESS A NULLITY. THE FAILURE OF THE NON-MOVING PARTY TO FILE ITS PRE-ARBITRATION MEMORANDUM MAY RESULT, AT THE DISCRETION OF THE ARBITRATION PANEL, IN THE EXCLUSION OF SOME OR ALL OF THE NON-MOVING PARTY'S EVIDENCE AT THE TIME OF THE ARBITRATION HEARING, TO THE EXTENT THAT THE MOVING PARTY CAN DEMONSTRATE PREJUDICE.

RULE 252--Requirements for Indexing an Action as a Lis Pendens

   When a praecipe for a writ of summons, a complaint or a counterclaim is filed, the prothonotary shall index the action as a lis pendens against real property if, but only if, the party filing the praecipe, the complaint or the counterclaim, or his attorney:

   (1)  files a separate praecipe describing real property by metes and bounds or a sufficient description to identify it, and the volume and page in the Recorder of Deeds Office of this county where recorded description of said property appears;

   (2)  directs in said separate praecipe that the action shall be listed on a lis pendens against said real property; and

   (3)  files with said separate praecipe a certification that said action;

   (A)  is a proceding to revive and continue the lien of debts against a decendent's property, or

   (B)  is a proceeding conveying or vesting title to real property in this Commonwealth; or

   (C)  is a proceeding of which purchasers of the described real property should have constructive notice; and

   (4)  Files with said separate praecipe a written verified statement, as verified is defined in Pa.R.C.P. 76, setting forth the basis and subject matter of the cause of action and that said action affects the title to the real property so described or of any interest in said real property.

[Pa.B. Doc. No. 07-1897. Filed for public inspection October 19, 2007, 9:00 a.m.]


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