THE COURTS
Title 255—LOCAL COURT RULES
LUZERNE COUNTY
Order Adopting Local Rule of Civil Procedure 205.3.1 and Amending Local Rules of Civil Procedure 1144 and 1144.1; No. 00003 of 2022
[52 Pa.B. 3218]
[Saturday, June 4, 2022]
Order And Now, this 20th day of May, 2022, it is hereby Ordered and Decreed as follows:
1. The Luzerne County Court of Common Pleas of the 11th Judicial District of Pennsylvania, hereby amends, rescinds or adopts the following Luzerne County Rules of Civil Procedure, a true and correct copy of which follows, to be effective thirty (30) days after publication in the Pennsylvania Bulletin:
a. Luzerne County Rule of Civil Procedure 205.3.1 is adopted; and
b. Luzerne County Rules of Civil Procedure 1144 and 1144.1 are amended and shall now read as follows;
2. Pursuant to Pa.R.J.A. 103(d) and Pa.R.C.P. 239(c), the following Luzerne County Rules of Civil Procedure shall be disseminated and published in the following matter:
a. One (1) certified copy via email to the Administrative Office of Pennsylvania Courts;
b. Two (2) certified paper copies and one (1) electronic copy in Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. One (1) copy for publication on the Courts Page of the Luzerne County website, located at www.luzernecounty.org;
d. One (1) certified copy each to the Luzerne County Office of Court Administration and the Luzerne County Clerk of Judicial Records for public inspection and copying; and
e. One (1) electronic copy to the Luzerne County Law Library for publication in the Luzerne Legal Register.
By the Court
MICHAEL T. VOUGH,
President JudgeRule 205.3.1. Use of Electronic Mail (Email) Addresses in Filings and Correspondence.
(a) Electronic mail addresses (email) shall be included on all filings and correspondence to the Office of Judicial Services & Records (Prothonotary), Court Administration, and the Court.
(b) Responses from Court Administration and the Court may be by email at the Court's (and Court Administration's) discretion, which shall be deemed the same as if the responses were sent by regular U.S. mail.
(c) In the event of an email address change, the sender or filer shall provide an updated email address to the Clerk of Judicial Records, Court Administration and, if the case is individually assigned, to the Judge to whom the matter is individually assigned, within one (1) business day.
(d) In the event a self-represented individual does not have an email address, correspondence shall be by regular mail. If the individual should get an email address, all filings and correspondence shall be updated accordingly.
CONSUMER DEBT ACTIONS Rule 1144.1. Commencement of Consumer Debt Actions.
(a) Caption. In all consumer debt actions, the caption of the complaint shall include the words ''Consumer Debt Action.''
(b) Eligibility. To be eligible to participate in the Consumer Debt Action Diversionary Program, the total debt or damages as set forth in the complaint shall not exceed fifty thousand dollars ($50,000.00), not inclusive of costs and interests, unless otherwise agreed to by the parties and the court. If a dispute concerning a case's eligibility for the Program occurs, then, upon Motion, the Judge in charge of the Program shall make a final determination as to eligibility for the Program on an individual basis. If a case is ineligible, it shall proceed under the normal rules of Civil Procedure and Local Rules.
(c) Filing. In eligible consumer debt actions, plaintiff shall, simultaneously with the filing of the complaint (whether filing was completed in person to the Clerk of Judicial Records, or electronically in accordance with Luz.Co.R.C.P. No. 205.4.), email a copy of the filed complaint to the court at consumerdebtactions@luzernecounty.org.
(d) Service. In eligible consumer debt actions, if at least one attempt at service of the complaint is made, and service is not perfected, the plaintiff shall petition the court for alternative service within thirty (30) days after the first failed attempt at service, or the action shall be dismissed. This rule shall not apply where the plaintiff is able to perfect service within fifteen days after the first failed attempt at service. Upon completion of service, plaintiff shall, simultaneously with the filing of the certificate of service (whether filing was completed in person to the Clerk of Judicial Records, or electronically in accordance with Luz.Co.R.C.P. No. 205.4), email a copy of the filed certificate of service to the court at consumerdebtactions@luzernecounty.org.
(e) In eligible consumer debt actions, following the filing and service of the complaint, the court shall issue a practice order in substantially the format set forth in Form 12 of the Appendix to these Rules, scheduling the matter for the next available conciliation conference list and staying any pleading deadlines in the matter pending the outcome of the conciliation conference.
Rule 1144.2. Conciliation Conference in Consumer Debt Actions.
(a) The practice order shall specify the date and place of the conciliation conference and shall be forwarded by the program administrator and/or the Judge assigned to the consumer debt actions via ordinary mail to the parties.
(b) The schedule for the year shall be set by the program administrator and/or the Judge assigned to the consumer debt actions no later than September of the year prior and will be published in the Luzerne Legal Register and on the Luzerne County Court website at www.luzernecounty.org.
(c) Conciliation conferences will be conducted by the program administrator and/or Judge assigned to the consumer debt actions. Counsel for the plaintiff and the defendant, including private counsel, if any, must attend the conciliation conference in person and an authorized representative of the plaintiff must be available by phone at the conciliation conference. The representative of the plaintiff who participates in the conciliation conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff must discuss resolution proposals with that authorized representative in advance of the conciliation conference. Counsel for the plaintiff shall bring to the conciliation conference the contract, proof of damages, the last billing statement sent to the defendant, and written proof of any assignments of the contract.
(d) If the defendant has been served and does not appear at the conciliation conference, absent good cause shown, judgment shall be entered in favor of the plaintiff. If the plaintiff fails to appear and/or have an authorized representative available with the required documentation at the conciliation conference, absent good cause shown, the court shall dismiss the case with prejudice. Any request for continuance on the day of the conciliation conference by either party is strongly discouraged.
(e) At the conciliation conference, the parties shall be prepared to discuss and explore all available resolution options, including, but not limited to, a mutually agreed upon payment plan. In the event that the parties reach an agreement, the court will issue a consent judgment/order substantially in the format set forth in Form 13 of the Appendix to these Rules, setting forth the agreement.
(f) If an agreement is not reached by the parties at the conciliation conference, the stay of pleading deadlines will be immediately lifted and the court shall issue a scheduling order substantially in the format set forth in Form 14 of the Appendix to these Rules.
FORM 12
PRACTICE ORDER AND NOW this _____ day of ______ 20 ____ , a Consumer Debt Action having been filed and served in this matter, it is hereby ORDERED, DIRECTED, and DECREED as follows:
1. A conciliation conference is set for the ______ day of ______ , 20 ____ at ______ ____ .m. on the third floor of the Luzerne County Courthouse, 200 North River Street, Wilkes-Barre.
2. Effective immediately, pleading deadlines are stayed pending the outcome of the conciliation conference.
3. Defendant(s) shall call Advantage Credit Counseling Service (ACCS) (888) 511-2227. ACCS will, at no charge, prepare a written budget and action plan regarding the debt involved in the above-captioned matter.
4. Plaintiff's counsel shall attend the conciliation conference in person and an authorized representative of Plaintiff must be available by phone at the conciliation conference. Counsel for Plaintiff shall bring to the conciliation conference the contract, proof of damages, the last billing statement sent to Defendant, and written proof of any assignments of the contract.
5. If DEFENDANT FAILS TO APPEAR at the conciliation conference, absent good cause shown, Plaintiff will be granted judgment in its favor.
6. If PLAINTIFF FAILS TO APPEAR and/or have an authorized representative and/or counsel available with the required documentation at the conciliation conference, absent good cause shown, the case will be dismissed with prejudice.
7. If the parties reach an agreement at the conciliation conference, the court will issue a Consent Judgment/Order setting forth the agreement. Plaintiff shall be responsible for filing the consent judgment/order with the Clerk of Judicial Records (Prothonotary). The filing fee for a consent judgment/order is set forth in the current Clerk of Judicial Records Fee Schedule.
8. If an agreement is not reached at the conciliation conference, the court shall enter a scheduling order setting forth deadlines for the timely disposition of the case.
9. Defendant may contact North Penn Legal Services for possible representation at the conciliation conference by calling 877-953-4250 to determine eligibility. If interested, Defendant is encouraged to do so as soon as possible.
10. Any failure to comply with this Order may result in a finding of contempt.
11. The Luzerne County Clerk of Judicial Services and Records (Prothonotary) is directed to serve notice of the entry hereof upon all counsel of record and/or any unrepresented party, pursuant to Pa.R.C.P. 236.
BY THE COURT:
______ J.
FORM 14
SCHEDULING ORDER FOR CONSUMER DEBT CASES AND NOW, this _____ day of ______ 20 ____ , following the parties' participation in a conciliation conference, it is hereby ORDERED, DIRECTED, and DECREED:
1. This case is no longer in conciliation and the stay for pleading deadlines is lifted.
2. Defendant shall file a responsive pleading to the complaint within twenty (20) days of the date of this Order.
3. Any and all discovery shall be completed within sixty (60) days of the date of this Order.
4. Any dispositive motions shall be filed within ninety (90) days of the date of this Order.
5. Responses to dispositive motions are due within thirty (30) days of the filing of the dispositive motion.
6. A copy of any preliminary objections, motions, and/or responses shall be served on the undersigned simultaneously with filing.
7. If no dispositive motions are filed, Plaintiff shall file a praecipe for arbitration within one hundred and twenty (120) days of the date of this Order.
8. If dispositive motions are denied, Plaintiff shall file a praecipe for arbitration within thirty (30) days of the order/s denying the dispositive motion/s.
9. Failure by Plaintiff to praecipe for arbitration within the time set forth above shall result in dismissal of this action with prejudice, upon motion by either party and determination of the Court.
10. The Luzerne County Clerk of Judicial Services and Records (Prothonotary) is directed to serve notice of the entry hereof upon all counsel of record and/or any unrepresented party, pursuant to Pa.R.C.P. 236.
BY THE COURT:
______ J.
[Pa.B. Doc. No. 22-811. Filed for public inspection June 3, 2022, 9:00 a.m.]
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