1120 Proposed amendments relating to entry of appearance and civil cover sheet; proposed recommendation no. 155

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Proposed Amendments Relating to Entry of Appearance and Civil Cover Sheet; Proposed Recommendation No. 155

[29 Pa.B. 3714]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1012 governing entry of appearance be amended and that new Rule 1012.1 governing civil cover sheet be adopted. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than September 1, 1999 to Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055 or E-Mail to [e-mail].

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

Subchapter A.  CIVIL ACTION VENUE AND PROCESS

Rule 1012.  Entry of Appearance. Withdrawal of Appearance. Notice.

   (a)(1)  A party [may] shall enter a written appearance which shall state an address within the Commonwealth at which papers may be served. Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.

   Official Note:  See subdivision (c) for the form of the entry of appearance.

   (2)  The appearance shall be the first document filed by a party or a part of the first document. When part of the first document, the appearance shall be the first page of the document unless the document is one which begins with a Notice to Defend in which case the appearance shall be the second page.

   Official Note:  [Entry of a written appearance is not mandatory.] Subdivision (a) is concerned with the entry of an appearance by a party. However, the appearance usually will be by an attorney representing the party.

   The initial appearance by or on behalf of a plaintiff may only be filed as a part of the first document filed since an action may be commenced only by a praecipe for a writ of summons or by a complaint. The appearance by or on behalf of a plaintiff may be included as part of the cover sheet required by Rule 1012.1.

   (b)  An attorney's appearance for a party may not be withdrawn without leave of court unless another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys does not delay any stage of the litigation.

   (c)  The appearance shall be substantially in the following form:

Caption
Entry of Appearance

To the Prothonotary:

   Kindly enter my appearance on behalf of _________________.
                                                                     (Plaintiff/Defendant/Additional Defendant)

   Papers may be served at the address set forth below.

	_________________
	Attorney for Party Named Above and
	Identification Number
	_________________
	Firm
	_________________
	Address
	_________________
	City, State, Zip Code
	_________________
	Telephone Number
	_________________
	Fax Number for Service of Papers (Optional)
	_________________
	E-mail address for Service of Papers (Optional)

Rule 1012.1.  Cover Sheet.

   (a)  The first document filed in an action by the plaintiff shall have attached thereto a cover sheet substantially in the form prescribed by subdivision (b). The cover sheet shall be the first page of the document unless the document is one which begins with a Notice to Defend in which case the cover sheet shall be the second page.

   (b)  The cover sheet shall contain the case designation list set forth in the form prescribed by subdivision (c). The prothonotary shall note on the docket the applicable case designation as checked on the cover sheet.

   Official Note:  While the cover sheet is to be ''substantially'' in the form prescribed by subdivision (c), the case designations set forth in the case designation list are mandatory.

   (c)  The cover sheet shall be substantially in the following form:

______ County Court of Common Pleas

CIVIL COVER SHEET AND ENTRY OF APPEARANCE

1.	Case Caption:
2.	Plaintiff(s) (Name and address)
3.	Defendant(s) (Name and address)
4.	Plaintiff's Counsel (Name, firm, address, telephone number and attorney ID number. Fax number and E-mail address for service of papers are optional.)
5.	Related Cases? __ Yes __ No If yes, show Caption and Case Numbers
	Case subject to Coordination Order? __ Yes __ No If yes, show Caption and Date of Order
6.	Compulsory Arbitration? __ Yes __ No (Jurisdiction for Compulsory Arbitration is $ _____ )
7.	Entry of Appearance
	To the Prothonotary:
Kindly enter my appearance on behalf of ______ ,
	(a) plaintiff in this action. Papers may be served at the address set forth above.
		_________________ Attorney for Party Named Above

   8. Case Description (Choose only the one description which best reflects the principal type
of case or relief sought, from the list on the reverse side of this sheet)

Case Description

Appeal		Actions commenced by Writ of
		Summons or Complaint
Minor Court
Money Judgment	____	Contract	____
Landlord and Tenant	____	Tort	____
Code Enforcement	____	Assault and Battery	____
Other: ______	____	Libel and Slander	____
		Negligence
Local Agency		Motor Vehicle	____
Civil Service	____	Real Property	____
Motor Vehicle		Product Liability	____
Licenses and		Toxic Tort
Inspections	____	Asbestos	____
Liquor Control Board	____	DES	____
Tax Assessment Boards	____	Implant	____
Zoning Board	____	Toxic Waste
Other: ______	____	Other: ______	____
		Professional Malpractice
Other: ______	____	Dental	____
		Legal	____
		Medical	____
Proceedings commenced by		Other: ______	____
Petition		Equity
		Real Property	____
Appointment of Arbitrators	____	Other: ______	____
Change of Name	____	Declaratory Judgment	____
Compel Medical Examination	____	Mandamus	____
Election Matters	____	Real Property
Eminent Domain	____	Ejectment	____
Leave to Issue Subpoena	____	Quiet Title	____
Mental Health Proceedings	____	Mortgage Foreclosure	____
Other: ______	____	Mechanics Lien	____
		Partition	____
		Prevent Waste	____
		Replevin	____
		Other: ______	____

Explanatory Comment

   Judges and prothonotaries have complained of the difficulty of determining the counsel of record for a party. Rule 1012(a) governing entry of appearance has added to this difficulty as it provides for the permissive rather than mandatory filing of an entry of appearance.

   It is proposed that Rule 1012 be amended to provide for a mandatory entry of appearance and for a form of the entry of appearance. The entry of appearance may be a separate document or part of the first document filed by a party. It will be the first page of the document unless the document is a complaint with a notice to defend when it will follow the notice to defend as the second page.

   It is also proposed that there be a cover sheet attached to the first document filed in an action. This is a requirement which already exists in many counties. The proposed cover sheet will provide specified information for the benefit of the court in which the action is commenced. In addition, the information so obtained will be uniform throughout the Commonwealth enabling the Administrative Office of Pennsylvania Courts to develop information and statistics on a statewide basis. To this end, proposed Rule 1012.1(b) requires the prothonotary to enter on the docket the case designation checked by the plaintiff on the cover sheet.

By the Civil Procedural
Rules Committee

EDWIN L. KLETT,   
Chair

[Pa.B. Doc. No. 99-1120. Filed for public inspection July 16, 1999, 9:00 a.m.]