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PA Bulletin, Doc. No. 11-649

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1989 CV 1793

[41 Pa.B. 2001]
[Saturday, April 16, 2011]

Order

 And Now, this March 30, 2011, Dauphin County Local Rules 206.1(a) and 206.4(c) are amended as follows:

Rule 206.1(a). Petitions.

 (1) The only applications designated to proceed as petitions are:

 (a) Petitions to Open Judgment;

 (b) Non Pros Petitions;

 (c) Applications filed to commence an action where it is not appropriate to file a writ of summons or a complaint; and

 (d) Any other applications so designated by statute or rule of court.

 All other applications shall proceed as motions. If an application is designated by statute or rule of court to proceed as a petition, the statutory basis or specific rule must be specifically set forth in the petition.

 (2) All issues relating to the administration, filing and processing of judicial assignments relating to petitions shall be under the direction and supervision of the Civil Calendar Judge.

Rule 206.4(c). Applications Designated to Proceed as Petitions—Rules to Show Cause

 (1) Except for Petitions in Forfeiture under 42 Pa.C.S.A. § 6801 and § 6802, an original and one copy of a Petition [to Open Judgment or a Non Pros Petition or other application designated by statute or rule of court to proceed as a petition] shall be filed with the Prothonotary and a copy shall be served on all other parties.

 (a) The Prothonotary shall forward the original petition to the Court Administrator's Office and shall retain the copy in the file. The petition shall be assigned to a judge for disposition by the Court Administrator's Office.

 (b) The assigned judge may issue a rule to show cause pursuant to Pa.R.C.P. 206.5 (Discretionary Issuance). The judge may also issue a scheduling order, which may include any discovery deadlines, briefing schedule, argument or hearing dates and a stay of proceedings as the judge deems necessary upon review of the petition.

 (c) Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the petition to the Court Administrator's Office for distribution to the assigned judge. No cover letter is necessary.

 (2) Petitions in Forfeiture filed pursuant to 42 Pa.C.S.A.§ 6801 and § 6802 shall be filed with the Prothonotary.

 (a) Petitions in Forfeiture shall contain a notice as set forth in 42 Pa.C.S.A. § 6802(b). No rule to show cause should be attached. The Caption shall include a cross-reference by defendant name and docket number to any criminal action. The case shall thereafter proceed in accordance with the procedures set forth in 42 Pa.C.S.A. § 6802.

 (b) If a response is not filed within thirty (30) days, the moving party shall file a Motion for Default Judgment with the Prothonotary. The Motion for Default Judgment will be assigned by the Court Administrator's Office to the Motions Judge for review.

 (c) If a response is filed within thirty (30) days, either party may thereafter file a Certificate of Readiness listing the case for arbitration pursuant to Dauphin County Local Rule 1301 et seq. Arbitration shall be applicable to all actions in forfeiture.

 These amendments shall be effective upon posting on the UJS portal.

By the Court

TODD A. HOOVER, 
President Judge

[Pa.B. Doc. No. 11-649. Filed for public inspection April 15, 2011, 9:00 a.m.]


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