THE COURTS
Title 255—LOCAL
COURT RULES
BRADFORD COUNTY
Local Civil Rules
[41 Pa.B. 2525]
[Saturday, May 21, 2011]
Order And Now, April 11, 2011, the court hereby adopts or amends the following local rules: 51; 216; 1301, 1308, 1915, 1919; and 1920, as amended, to be effective thirty (30) days after the publication in the Pennsylvania Bulletin.
It is further ordered that the District Court Administrator shall send one (1) certified copy of these rules to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee, and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.
With regard to Local Civil Rule 205.2(b), 206.4(c), 208.2(d), 208.3(a); 210; 1028(c); 1034(a); 1035.2(a) in compliance with Pa.R.C.P. 239.8(b), the court directs that the District Court Administrator shall transmit a copy of said rules to the Civil Procedural Rules Committee which shall then forward a copy to the Administrative Office of Pennsylvania Courts for publication on the Pennsylvania Judiciary's Web Application Portal. Said rules shall be effective upon publication on the Pennsylvania Judiciary's Web Application Portal.
It is further ordered that these local rules shall be kept continuously available in the Prothonotary's Office for public inspection and copying.
By the Court
JEFFREY A. SMITH,
President JudgeLocal Rule 51.
These rules shall be known as the Bradford County Rules of Civil Procedure and may be cited as ''Brad.Co.R.C.P.''
Local Rule 216.
A. Motions for continuance must be made in writing or of record in open court, unless excused by the court for cause.
(1) Before filing a motion for continuance, the moving party shall make reasonable efforts to obtain the consent of any interested party. If a response from opposing parties cannot be obtained, all efforts to obtain consent, including dates and times thereof, shall be set forth in said motion.
(2) Continuances upon the consent of the parties shall not be effective unless and until ordered by the court.
B. Motions for continuances shall be presented no later than ten (10) calendar days before the date of the proceeding for which the continuance is requested. Thereafter, no motions for continuance will be granted unless:
(1) the opportunity therefore did not previously exist;
(2) the party making the motion was not aware and reasonably could not be aware of the grounds for the motion; or
(3) required in the interests of justice.
(4) The court may consider sanctions for any motion presented less than ten (10) calendar days before the scheduled proceeding and without sufficient cause for such untimely presentation.
C. Generally a request for a continuance based on proceedings scheduled in another trial court will be granted only if the other court's scheduling order was issued before the order scheduling the proceedings for which the continuance is requested. If the motion is based on conflict with a matter scheduled in another trial court, the scheduling order or other written documentation from the other court shall be attached to the motion.
D. The motion for continuance shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS VS. : OF BRADFORD COUNTY, PENNSYLVANIA : NO.
MOTION FOR CONTINUANCE NOW COMES ______ , (by and through (his) (her)
(name of party)(its) attorney, ______ ,) and moves for a
(name of attorney)continuance as follows:
1. The above-captioned matter is scheduled for
__________(nature of proceeding, i.e., argument, hearing, trial etc.)
on the __ day of ____ , 20__ , at __ m., before
_________________ .
(name of judge, master, etc.)2. The moving party for said proceeding is
_________________ . (name of party whose claim is to be heard)
3. The other parties in the case are:
______ represented by: ______
______ represented by: __________
______ represented by: __________
4. The proceeding was scheduled by __________(order or notice)
dated ______ .
(date)5. The proceeding (has) (has not) been previously continued (_____ time(s)). (The moving party has obtained a continuance _____ time(s)).
6. A continuance is requested because __________
__________
_________________ .
(If a continuance is requested because of a conflicting court matter, the scheduling notice or order must be attached.)7. [ ] No interested party objects to the continuance.
[ ] Only the following objected to the continuance request:
______ because __________
______ because __________
______ because __________
[ ] Consent to the continuance could not be obtained from
______ because __________
______ because __________
(If a response has not been obtained from any interested party, specify the date, time and manner of all efforts to obtain consent of the continuance.)
8. I hereby certify that if a continuance is granted, I will notify all witnesses who would be appearing at my request and will provide a copy of this motion to opposing counsel and unrepresented parties.
9. I specifically request a continuance
[ ] of not less than ______
[ ] of not more than ______ (or)
[ ] to the next available date.
Respectfully submitted,
______
______
ADDRESS______
______
PHONE NO.__________
ATTORNEY SUPREME COURT NO.E. All written motions for continuance shall be [accompanied] preceded by a proposed order which shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS VS. : OF BRADFORD COUNTY, PENNSYLVANIA : NO.
ORDER AND NOW, this __ day of ______ , 200__ , upon consideration of the attached motion of __________ (moving party)
requesting a continuance:
[ ] the motion is denied.
[ ] the motion is granted and the __________ (matter being continued)
scheduled for ______ at ____ m.
(date) (time)before ______ is hereby continued until
(name of judge, master, etc.)______ at ____ m.
(date) (time)The moving party shall promptly notify all interested parties of this order.
BY THE COURT:
__________
Local Rule 1301. Cases For Submission.
A. Compulsory arbitration as authorized by Section 7361 of the Judicial Code, 42 Pa.C.S.A. Section 101, et seq, shall apply to all civil cases, except actions in equity, where the amount in controversy, exclusive of interest and costs, shall be [thirty] thirty-five thousand dollars [($30,000.00)] ($35,000.00) or less, including appeals from a civil judgment of a district justice. Such actions shall be submitted to and heard by a board of arbitration consisting of three attorneys.
B. The amount in controversy generally will be determined by the pleadings or by an agreement of the attorneys, however, the court, on its own motion or on the motion of any party, may determine, based upon affidavits, depositions, stipulations of counsel or after hearing or review of the record, that the amount actually in controversy does not exceed [thirty] thirty-five thousand dollars [($30,000.00)] ($35,000.00) and may enter an order certifying the case to a board of arbitration. In the event that a case within the arbitration limits is consolidated with a case involving more than the arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation shall remove the same from the jurisdiction of the board of arbitrators.
C. A civil action shall be referred to arbitration by order of court or when any party or its counsel (1) files a praecipe with the Prothonotary, certifying that the pleadings are closed and the matter is ready for arbitration and (2) pays the appropriate listing fee. A copy of the arbitration praecipe shall immediately be delivered to the Court Administrator and all other counsel.
D. Cases subject to compulsory arbitration will not be scheduled for a pre-trial conference, however, all cases will come under the caseflow control of the court administrator.
Local Rule 1308. Arbitration Appeal.
An appeal from an award of arbitrators shall be filed in duplicate in the Office of the Prothonotary. A copy of the appeal shall be transmitted immediately by the Prothonotary to the Court Administrator. Immediately following the receipt of said copy, the Court Administrator shall schedule a pre-trial conference [and shall send notice thereof to counsel of record and any unrepresented parties] and prepare will the appropriate order scheduling same, which will directing pre-trial memoranda to be filed five (5) days prior to the pre-trial conference.
Local Rule 1915. Custody.
Local Rule 1915.15. Form of Complaint. Order.
(1) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for custody, partial custody, or visitation shall contain one of the following averments:
A. ''Plaintiff has been advised of the requirement to attend the seminar titled Education Program for Separated Parents.''
or
B. ''The parties have previously attended the Education Program for Separated Parents as evidenced by certificates of attendance (attached hereto) (contained in the official court file case number ______ ).''
(2) The order and notice shall also include the following:
''The parties are directed to pre-register with the Court Administrator and attend the Education Program for Separated Parents on one of the two dates listed below:
[Tuesday] Saturday, ______ , [6:00 p.m.] 8:30 a.m. to [10:00] 12:30 p.m.
Saturday, _____ , 8:30 a.m. to 12:30 p.m.''
or
''The parties have previously attended the Education Program for Separated Parents as evidenced by certificates of attendance (attached hereto) (contained in the official court file case number ______ ).''
Local Rule 1919. Mandatory Seminar for Separated Families.
1. In all divorce and custody proceedings filed on or after December 1, 1994, and in such other cases as the court shall direct, where the interests of children under the age of 18 years are involved, within thirty (30) days of the date a custody, visitation or divorce claim is filed, the parties shall attend a four-hour seminar titled ''Education Program for Separated Parents.'' If service of the complaint is not made within ten (10) days of filing, the plaintiff shall immediately notify the Court Administrator and shall thereafter provide the Court Administrator with proof of service within five (5) days of service.
[NOTE: See the ''Education Program for Separated Parents'' description following this rule.]
2. In all custody/visitation proceedings filed on or after December 1, 1994, each notice order and complaint shall include the additional information in accordance with Bradford County Civil Rule 1915.15
3. In all divorce proceedings filed on or after December 1, 1994, where the parties have a child or children under the age of eighteen years, every complaint shall contain the additional information required by Bradford County Civil Rule 1920.12. It shall also have attached thereto an order directing attendance at the seminar in the form set forth in Rule 1920.12(3).
4. The moving party shall serve the responding party with a copy of the court order directing attendance at the seminar at the time a divorce complaint is served. A program brochure/registration form shall also be provided by the moving party to the responding party at the time of service of the complaint.
5. The affidavit of service shall include a statement that the opposing party was advised of the requirement to attend the Education Program for Separated Parents and was served with the registration form.
6. Within seven (7) days after service, both parties are required to register for the program by mailing or personally presenting the pre-printed Education Program for Separated Parents registration form, along with a registration fee of $35.00 (check or money order) to the Court Administrator, Bradford County Courthouse, 301 Main Street, Towanda, PA 18848. A waiver or reduction of the attendance fee can be granted only by the Court Administrator in consultation with the court.
7. Court approval is required for an extension of time to complete the seminar.
8. Parents living outside of Bradford County may contact the Court Administrator for possible alternative program attendance.
9. Upon completion of the seminar, each participant will receive a copy of a certificate verifying that they have attended the program. The original certificate will be placed in the official court file.
10. Failure to register for and complete the program may result in a finding of contempt and the imposition of sanctions.
[EDUCATION PROGRAM FOR SEPARATED PARENTS
PROGRAM GOALS ''Education Program for Separated Parents'' will provide parents with information, support and direction that will facilitate a healthy adjustment for their children. Bitterness often ensnares children caught between divorcing parents. In an effort to reduce the emotional toll on children and to limit acrimony, attendance at this four-hour educational seminar is required by the court of all parties in all divorce, custody and visitation actions, and such other family court actions as the court may deem appropriate. This program will also be open to educators and others involved in caring for children. Administration of the program will be through the Court of Common Pleas of Bradford County.
PROGRAM CONTENT The three-and-one-half to four-hour program provides parents with information about the developmental stages and needs of children, with emphasis on fostering the child's emotional health during periods of stress. The program is informative, and supportive, and will provide parents a list of community resources. Also included as topics are: typical reactions of families to separation, stress indicators in children, pitfalls to avoid, and skills to help children work through stress.
WHEN The program is presented [eighteen] twelve times per year, [alternating between Tuesday evenings, from 6:00 p.m. until 10:00 p.m., and] Saturday mornings from 8:30 a.m. to 12:30 p.m. in accordance with a schedule distributed along with the annual court calendar.
WHERE The program is presented at the Bradford County Courthouse, Towanda, Pennsylvania, in court room no. 2.
ATTENDANCE Attendance at the program is required of all parties involved in divorce and custody/visitation cases where the interests of children under the age of 18 years are at issue. The court may also order attendance in certain instances in other family court cases.
A waiver of attendance will be provided for individuals who have attended an equivalent program, however, documentation of participation in a similar program or counseling experience must be provided to the court. Allowance of any waiver is at the discretion of the court.
FEES A fee of $35.00 per party is required and is used to cover all costs of the program, including the presenter's fees, handouts, applications, and program administration. The Court Administrator, in consultation with the court, will determine whether any fee will be reduced or waived. PRE-PAYMENT IS REQUIRED. All fees must be in the form of check or money order.
PRESENTERS The presenters have been approved by the court and will present the programs pursuant to an agreement with the court.
APPLICATION PROCESS Upon initiation of a divorce/custody/visitation filing, both parties will receive a brochure about the program. The brochure will include a registration form describing registration and payment methods. This document will be served along with the pleading. Registration may be made by mail or in person at the Office of the Court Administrator and must be completed at least three days prior to the scheduled seminar. There are NO WALK-IN ADMISSIONS.
VERIFICATION An alphabetical list of all parties participating in the program will be provided to the presenters prior to each session. This list will be used by the presenters, the facilitator, the security officer, and the court. Upon completion of the seminar, each parent will receive a copy of a certificate verifying that they have attended the course. The original certificate will be placed in the official court file.
SECURITY A deputy sheriff or other security officer will be present throughout the seminar to ensure safety for all participants. The material that is presented is emotionally charged. Although every effort is made to maintain a light, open atmosphere in the presentation of the material, the orientation the participants bring to the seminar can produce very powerful reactions.
MONITORING AND EVALUATION Each participant will complete a written evaluation of the seminar at its conclusion, indicating their individual assessment of the value of the program and any suggestions for future programs.]
Local Rule 1920. Actions of Divorce or Annulment.
Local Rule 1920.12. Complaint.
(1) In addition to the information required by Pa.R.C.P. 1920.12, every complaint in divorce shall contain one of the following averments:
A. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage; or
B. Plaintiff avers that there are children under the age of eighteen (18) years born of the marriage, namely: (list names and dates of birth).
(2) If there are children under the age of eighteen (18) years born of the marriage, the complaint shall include one of the following averments:
A. ''Plaintiff has been advised of the requirement to attend the Education Program for Separated Parents,''
or
B. ''The parties have previously attended the Education Program for Separated Parents as evidenced by certificates of attendance (attached hereto) (contained in the official court file case number ______ .)''
(3) In the event there are children under the age of eighteen (18) years of age born of the marriage, and there is no averment that the parties previously attended the Education Program for Separated Parents, the divorce complaint shall have attached thereto, an order in substantially the following form:
: IN THE COURT OF COMMON PLEAS VS. : OF BRADFORD COUNTY, PENNSYLVANIA : NO.
ORDER OF COURT AND NOW, ______ , 20__ , a complaint in divorce being filed herewith which avers that there are children of the marriage under the age of eighteen (18) years of age, and that the parties have not yet attended the ''Education Program for Separated Parents'', the court directs that the parties shall pre-register with the Court Administrator and shall attend the ''Education Program for Separated Parents'' on one of the two dates listed below:
[Tuesday, ______ , 6:00 p.m. to 10:00 p.m.]
Saturday ______ , 8:30 a.m. to 12:30 p.m.
Saturday, ______ , 8:30 a.m. to 12:30 p.m.
BY THE COURT:
_________________ J.
Local Rule 205.2(b).
1. Upon the filing of [an action] a divorce or custody action pursuant to the Pennsylvania Rules of Civil Procedure, [including divorce and custody,] a cover sheet in substantially the form specified in Subsection (b)(3) of this rule shall be filed immediately in the office of court administration.
2. In the event any such action is filed pro se, the prothonotary shall provide a copy of the cover sheet form to the filing party [and], shall [notify court administration to assure compliance with this rule] assist in completion of said form, and shall forward it to court administration, along with a copy of the pleading filed.
3. The cover sheet shall be as follows:
[IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA _________________ :
_________________ :
_________________ :
Plaintiffs :
_________________ :
vs._________________ :
_________________ :
_________________ :
Defendants
Date Filed: __________
Docket No. __________
Related Cases __________
Jury Trial Demanded [ ] Yes [ ] No
Arbitration Case [ ] Yes [ ] No
Note: A civil action is to be listed for Arbitration unless (1) the amount in controversy exceeds $30,000 exclusive of interest and costs or (2) the case involves title to real property not be printed
CIVIL/FAMILY COVER SHEET CIVIL ACTION CASE TYPES
[ ] Civil Action (assumpsit, trespass, equity)
[ ] Professional Liability
[ ] Medical Professional Liability
[ ] Ejectment
[ ] Quiet Title
[ ] Replevin
[ ] Mandamus
[ ] Mortgage Foreclosure
[ ] Other __________
APPEALS
[ ] District Justice
[ ] Zoning Board
[ ] Drivers License Suspension
[ ] Registration License
[ ] Board of Assessment
[ ] Other ______
FAMILY COURT CASE TYPES
[ ] Child Custody/Visitation
[ ] Annulment
[ ] Divorce
Divorce Counts
[ ] Child Custody/Visitation
[ ] Equitable Distribution
[ ] Other ______
Plaintiff's DOB ______
Defendant's DOB ______
Filed by: __________
Supreme Court ID
No. ______
IMPORTANT: This form is not to filed in the Prothonotary's Office, but should be taken directly to Court Administration for statistical and case management purposes immediately upon the filing of a new case or new petition/complaint (custody or divorce) in a family court case (It is not needed when filing petitions for special relief.]
BRADFORD COUNTY
COURT OF COMMON PLEAS
DIVORCE/CUSTODY COVER SHEET This form must be filled out if you are filing a divorce or custody action in the Prothonotary's Office and must be given to Court Administration. PLEASE PRINT LEGIBLY.
DO NOT FILE IN THE PROTHONOTARY'S OFFICE
______DOB____ : Date Filed: ______ ______DOB____ : ______DOB____ : Docket No. ______ Plaintiffs
: vs.
: ______DOB____ : ______DOB____ : ______DOB____ : Defendants PLEASE CHECK ONE:
DIVORCE FILING—NO CHILDREN DIVORCE FILING—CHILDREN UNDER 18/BUT NO CUSTODY COUNT DIVORCE FILING—CUSTODY COUNT CUSTODY COMPLAINT/MODIFICATION FILED BY:
__________
IMPORTANT: This form is not to filed in the Prothonotary's Office, but should be taken directly to Court Administration for statistical and case management purposes immediately upon the filing of a new case or new petition/complaint (custody or divorce) in a family court case (It is not needed when filing petitions for special relief or contempt).
Local Rule 206.4(c).
A. The procedure specified in Pa.R.C.P. 206.5 is adopted to govern petition practice in the Forty-second Judicial District. A petition shall be filed in the Prothonotary's Office. Upon filing, the Prothonotary's Office shall transmit a copy of the petition, along with the proposed rule to show cause order, to the Court Administrator for the scheduling of a rule returnable date.
B. Following the scheduling of the return date, the copy of the petition and original and copy of the order to show cause shall be submitted to the Prothonotary's Office for filing and docketing and for conforming a copy of the rule return order. A conformed copy of the order shall be transmitted by the Prothonotary to the petitioning party for service.
C. The petitioning party shall file an affidavit of service, noting the date, method of service and parties served.
D. If an answer is filed, the court, upon review, will determine whether a hearing or argument should be scheduled and will enter an order accordingly. Concurrently with filing, counsel or any unrepresented party shall serve a time-stamped copy of the answer or objection upon the assigned judge.
E. Any request for a stay of execution pending disposition of a petition to open a default judgment shall be included in the petition to open default judgment to be considered and processed in accordance with this rule. A separate proposed order granting said stay shall be submitted.
F. If the petition contains a request for immediate relief, a separate proposed order shall be submitted.
Local Rule 208.2(d).
Any motions presented under this rule shall contain a certification stating that said motion is uncontested, with a proposed order granting relief, or the motion shall certify that the matter is at issue and submit a proposed show cause order in substantially the form set forth in Rule 206.5.
Local Rule 208.3(a).
A. Except for motions made orally during a trial or hearing, all motions shall be written, shall contain a caption setting forth the name of the court, the number of the action, and the names of the parties, and shall have affixed upon the front page of the motion, the name, address and Supreme Court ID number of the filing attorney. All motions which are or may be contested shall include a proposed order scheduling argument. The proposed order shall include the name, address and Supreme Court ID number of the filing attorney. The proposed order shall not be physically attached to the motion.
B. All motions shall be filed in the Prothonotary's Office. Upon filing, the Prothonotary's Office shall transmit a copy of the motion, along with the proposed scheduling order, to the Court Administrator.
C. Following the scheduling of the motion, the copy of the motion and original and copy of the order to show cause shall be submitted to the Prothonotary's Office for filing and docketing and conforming of a copy of the scheduling order. A copy of said conformed order shall be transmitted by the Prothonotary to the moving party for service.
D. The moving party shall file an affidavit of service, noting the date, method of service, and parties served.
Local Rule 210.
Briefs shall contain the particular theories, statutes, rules of court, or cases upon which the litigant relies. The failure to specifically cite a statute, rule of court, or case shall be deemed to be a waiver of any claim that said authority is applicable.
Local Rule 1028(c).
(3) All preliminary objections shall be written, shall contain a caption setting forth the name of the court, the number of the action, the names of the parties and shall have affixed upon each page of the motion, the name, address and Supreme Court ID number of the filing attorney. A motion for argument and a proposed scheduling order in substantially the following form shall be included:
IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA VS. : NO.
MOTION FOR ARGUMENT AND NOW, ______ , I move the court to set the __ day of _____ , 20__ , at __ m. in Courtroom No. __ Towanda, Pennsylvania, as the time and place for argument on preliminary objections.
I hereby state to the court that service will be made of a copy of the completed motion for argument upon all other parties or their attorneys of record in this proceeding; that if not already served, service will be made on the aforesaid of a copy of the pleading which raise the issues in dispute; that all will be done in accordance with the applicable rules regarding service. I further state that my affidavit of service will be filed thereafter.
BY: __________
ORDER AND NOW, ______ , the above motion for time and place for argument is granted. The party filing who filed the preliminary objections, shall file a brief at least fifteen days prior to said argument. Immediately thereafter a copy of said brief shall be served upon all counsel of record and all unrepresented parties.
At least five days prior to the argument, the responding party shall file a brief and shall serve said brief upon all counsel of record and all unrepresented parties. The failure to cite a particular statute, rule of court, or case shall be deemed to be a waiver of any claim that said statute, rule, or case stands as applicable authority.
BY THE COURT:
_________________ J.
(4) All preliminary objections shall be filed in the Prothonotary's Office. Upon receipt of the preliminary objections, the Prothonotary's Office shall transmit a copy of the same, along with the motion for argument thereon and the proposed scheduling order, to the Court Administrator.
(5) Following the scheduling of the preliminary objections, court administration shall return the copy of the preliminary objections to the Prothonotary's Office, along with the motion for argument thereon and the proposed scheduling order, for filing and docketing and for conforming a copy of the scheduling order. A conformed copy of the order shall be transmitted by the Prothonotary to the moving party for service. The moving party shall file an affidavit of service, noting the date of service, method of service, and parties served.
Local Rule 1034(a).
(1) All motions for judgment on the pleadings shall be written, shall contain a caption setting forth the name of the court, the number of the action, and the names of the parties and shall have affixed upon each page of the motion, the name, address and Supreme Court ID number of the filing attorney. A motion for argument and a proposed scheduling order in substantially the following form shall be included:
IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA VS. : NO.
MOTION FOR ARGUMENT AND NOW, ______ , I move the court to set the __ day of _____ , 20 __ , at __ m. in Courtroom No. __ Towanda, Pennsylvania, as the time and place for argument on my motion for judgment on the pleadings.
I hereby state to the court that service will be made of a copy of the completed motion for argument upon all other parties or their attorneys of record in this proceeding; that if not already served, service will be made on the aforesaid of a copy of the motion for judgment on the pleadings which raises the issues in dispute; that all will be done in accordance with the applicable rules regarding service. I further state that my affidavit of service will be filed thereafter.
BY: __________
ORDER AND NOW, ______ , the above motion for time and place for argument is granted. The party filing who filed the motion for judgment on the pleadings, shall file a brief at least fifteen days prior to said argument. Immediately thereafter, a copy of said brief shall be served upon all counsel of record and all unrepresented parties.
The responding party shall file a brief at least five days prior to the argument and shall serve said brief upon all counsel of record and all unrepresented parties. The failure to cite a particular statute, rule of court, or case shall be deemed to be a waiver of any claim that said statute, rule, or case stands as applicable authority.
BY THE COURT:
__________
(2) All motions for judgment on the pleadings shall be filed in the Prothonotary's Office. Upon receipt of the motion, the Prothonotary's Office shall transmit a copy of the motion, along with the motion for argument and proposed scheduling order, to the Court Administrator.
(3) Following the scheduling of the motion for judgment on the pleadings, court administration shall return the copy of the motion, along with the motion for argument and the scheduling order, to the Prothonotary's Office for filing and docketing and for conforming a copy of the scheduling order. A conformed copy of the order shall be transmitted by the Prothonotary to the moving party for service. The moving party shall file an affidavit of service, noting the date, method of service and parties served.
Local Rule 1035.2(a).
(1) All motions for summary judgment shall be written, shall contain a caption setting forth the name of the court, the number of the action, the names of the parties and have affixed upon each page of the motion, the name, address and Supreme Court ID number of the filing attorney. A motion for argument and a proposed scheduling order in substantially the following form shall be included:
IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA VS. : NO.
MOTION FOR ARGUMENT AND NOW, ______ , I move the court to set the __ day of _____ , 20 __ , at __ m. in Courtroom No. __ Towanda, Pennsylvania, as the time and place for argument on my motion for summary judgment.
I hereby state to the court that service will be made of a copy of the completed motion for argument upon all other parties or their attorneys of record in this proceeding; that if not already served, service will be made on the aforesaid of a copy of the motion which raises the issues in dispute; that all will be done in accordance with the applicable rules regarding service. I further state that my affidavit of service will be filed thereafter.
BY: __________
ORDER AND NOW, ______ , the above motion for time and place for argument is granted. The party filing who filed the motion for summary judgment, shall file a brief at least fifteen days prior to said argument. Immediately thereafter, a copy of said brief shall be served upon all counsel of record and all unrepresented parties.
The responding party shall file a brief at least five days prior to the argument and serve said brief upon all counsel of record and all unrepresented parties. The failure to cite a particular statute, rule of court, or case shall be deemed to be a waiver of any claim that said statute, rule, or case stands as applicable authority.
BY THE COURT:
__________
(2) All motions for summary judgment shall be filed in the Prothonotary's Office. Upon receipt of the motion, the Prothonotary's Office shall transmit a copy of the motion, along with the motion for argument and the proposed scheduling order, to the Court Administrator.
(3) Following the scheduling of the motion, court administration shall return the copy of the motion for summary judgment, motion for argument and the scheduling order to the Prothonotary's Office for filing and docketing and for conforming a copy of the scheduling order. A conformed copy of the order shall be transmitted by the Prothonotary to the moving party for service. The moving party shall file an affidavit of service, noting the date, method of service, and parties served.
[Pa.B. Doc. No. 11-840. Filed for public inspection May 20, 2011, 9:00 a.m.]
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