2519 Civil and family rule of the court of common pleas; no. 2 of 2012 rules doc.?

Title 252—ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Civil and Family Rule of the Court of Common Pleas; No. 2 of 2012 Rules Doc.

[42 Pa.B. 7815]
[Saturday, December 29, 2012]

Amended Order of Court

 And Now, to-wit, this 20th day of April, 2012, It Is Hereby Ordered Adjudged and Decreed that the following Amended Rule of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil and Family Division, adopted by the unanimous proxy vote of the Board of Judges on April 5, 2012, shall be effective upon publication on the UJS webportal:

Rule 205.4 Electronic Filing of Legal Papers in Allegheny County

By the Court

DONNA JO McDANIEL, 
President Judge

Local Rule 205.4. Electronic Filing of Legal Papers in Allegheny County.

 Note: This Local Rule has been promulgated in compliance with Pa.R.Civ.P. 239.9(a) which provides, ''If a court permits or requires the electronic filing of legal papers with the prothonotary, the court must promulgate a local rule designated Local Rule 205.4 which sets forth in detail the practice and procedure to file a legal paper electronically and includes the matters set forth in this rule.''

 (a)(1) Except as noted in the subsections below, use of the Allegheny County Department of Court Records Civil/Family Division (hereinafter ''DCR'') electronic filing system is permissive for the filing of all legal papers, including original process, in all actions and proceedings brought in or appealed to the court.

 Note: A ''legal paper'' is defined in Pa.R.C.P. 205.4(2) as ''a pleading or other paper filed in an action, including exhibits and attachments.''

 A. Use of the DCR's electronic filing system is mandatory for all actions and proceedings involving personal injury or death allegedly caused by asbestos.

 B. Use of the DCR's electronic filing system is not permitted for the following Civil Division Filings:

 1. Initial filings in Petitions for Name Change;

 Note: Secondary filings in Petitions for Name Change may be filed electronically.

 2. Initial filings for Exemplification of Records;

 Note: Secondary filings involving Exemplification of Records may be filed electronically.

 3. The following secondary filings in General Docket Cases: (i) preliminary objections, (ii) motions for judgment on the pleadings, or (iii) motions for summary judgment.

 Note: The matters described in subsection (a)(1)(B)(3) are excluded from electronic filing because of the existing procedure under which these matters are presented to the Chief Motions Clerk or Calendar Control for scheduling prior to filing in the Office of the DCR.

 4. The following secondary filings in compulsory arbitration cases: (i) preliminary objections, (ii) petitions, or (iii) motions.

 Note: The matters described in subsection (a)(1)(B)(4) are excluded from electronic filing because of the practice of furnishing an argument date to the party filing the matter at the time of filing.

 5. Filings under seal.

 6. Praecipes for writ of execution in a mortgage foreclosure proceeding.

 C. Use of the DCR's electronic filing system is not permitted for the following Family Division Filings:

 1. Legal papers relating to Protection From Abuse matters which must be processed with the PFA Office in Family Division before they can be filed.

 2. Legal papers relating to custody, partial custody or visitation matters which must be processed through the Generations office before they can be filed.

 3. Legal papers relating to spousal or child support must be processed through Family Division before they can be filed.

 4. Legal papers relating to divorce which contain or address counts or counterclaims for support, alimony pendente lite, alimony or custody, partial custody and visitation, must be processed through the offices to which reference is made in (C)(1), (2) or (3) of this subsection.

 Note: Divorce pleadings which do not include or address any of the counts enumerated above may be filed electronically, including but not limited to, § 3301(c) or § 3301(d) affidavits of consent, counter-affidavits, waiver of notice of intention to request entry of a decree, notice of intention to request a divorce decree, and praecipe to transmit the record.

 5. Any and all legal papers which must be presented to a Family Division Judge in motions before filing with the Office of the DCR.

 (b)(1) Legal papers may be filed using the DCR's electronic filing system in the following file formats only: Portable Document Format (.pdf), Microsoft Word (.doc or .docx), WordPerfect for Windows, version 6.0 or higher (.wpd), TIF (.tif), GIF (.gif), JPEG (.jpg), or PCX (.pcx).

 [(c)(1) There is no Section (c)(1).]

 (c)(2) The DCR's electronic filing website is dcr.alleghenycounty.us (''www'' does not appear before and ''.com'' does not appear after this web address). Persons may access the DCR's electronic filing system by first registering and establishing a User ID and password using the ''Register'' link at the DCR's electronic filing website. The User ID for Pennsylvania licensed attorneys is their Supreme Court of Pennsylvania identification number issued by the Court. Non-attorney users may, at the time of registration, designate any combination of letters or numbers they may wish to use as a User ID.

 (d)(1) The following credit and debit cards may be used on the DCR's electronic filing website to pay filing-related fees: Visa, MasterCard, Discover, and American Express. Such fees may also be paid by depositing in advance sufficient funds with the DCR. The DCR may also accept payments by electronic checking/ACH (Automatic Clearing House). See the DCR website for additional information.

 [(d)(2) There is no Section (d)(2).]

 [(d)(3) Intentionally omitted as Allegheny County has not designated a third party to operate the electronic filing system.]

 (f)(1) When a legal paper has been successfully transmitted electronically, the DCR's electronic filing website shall generate a printable acknowledgement page and shall transmit to the filer an initial e-mail confirming the electronic receipt of the legal paper and the date and time thereof. Subsequently, after the DCR has processed the electronic filing, the DCR shall transmit, to the filer, an e-mail stating the date and time of acceptance of the filing or stating that the filing has not been accepted and the reasons for non-acceptance. A legal paper will not be considered filed if the DCR responds to the filing by notifying the filer that the filer has not (i) maintained with the DCR sufficient funds to pay the fees and costs of the filing or (ii) authorized payment by credit or debit card of such fees and costs.

 (f)(2) The DCR shall maintain an electronic and a hard copy file for the legal papers, including original process, in any civil action or proceeding at law or in equity brought in or appealed to the court, including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923. The DCR is not required to maintain a hard copy file for the following legal papers when filed electronically:

Allegheny County Bar Association Fee Dispute Judgment

Annual Audit

Assurance of Voluntary Compliance

Bond of Tax Collector

Cemetery Report

Commercial Broker Lien

Commonwealth Tax Lien

Condominium Lien

Declaration of Covenant Lien

Environmental Resources Lien

Federal Judgment Lien

Foreign Execution

Foreign Judgment

Foreign Judgment/Execution

Foreign State Tax Lien

Health Department Judgment

Housing Court Judgment

Judgment Roll

Liens/Scire Facias

Mechanics' Lien

Municipal Lien

No Lien Agreement

Oath of Office

Orphans' Court Judgment

Pennsylvania Agency Judgment

Pension Benefit Lien

PHEAA Judgment

Planned Community Lien

Scire Facias sur Municipal Lien

Scire Facias sur Tax Lien

Tax Collector Report

Unemployment Compensation Lien

Workers' Compensation Judgment

 [(f)(3) There is no Section (f)(3).]

 (f)(4) The procedures for payment of the fees and costs of the DCR shall be set forth on the DCR website: website: dcr.alleghenycounty.us (www. does not appear before and ''.com'' does not appear after this web address).

 [(f)(5) There is no Section (f)(5).]

Local Rule 1930.1 Electronic Filing in Family Division Matters.

 [Rescinded in its entirety.]

 Note: See Local Rule 205.4 for information regarding e-filing of Family Division matters.

[Pa.B. Doc. No. 12-2519. Filed for public inspection December 28, 2012, 9:00 a.m.]