CAMBRIA COUNTY Rules of Civil Procedure; 2004-2377 [34 Pa.B. 4426] And Now, this 26th day of July, 2004, it is hereby Ordered as follows:
1. Former Rule 100(c) CC is hereby renumbered as Rule 205.2(a) CC, shown following this Order.
2. Former Rule 1018.2(1) CC is hereby renumbered as Rule 205.2(b) CC and is amended to read as shown following this Order.
3. Former Rule 400 CC is hereby renumbered as Rule 206.4(c) CC and is amended to read as shown following this Order.
4. Rule 200 CC and 200.1 CC are hereby combined, amended and renumbered as Rule 208.3(a) CC to read as shown following this Order
5. Rule 1028(c) CC, Rule 1034(a) CC and Rule 1035.2(a) CC, following this Order, are hereby adopted as new Local Rules of Civil Procedure.
The Rule changes implemented by Paragraphs 1 through 5 of this Order shall become effective on July 26, 2004.
The Prothonotary of Cambria County is Ordered and Directed to do the following:
1. Keep continually available for public inspection and copying, copies of this Order and of the Cambria County Rules of Civil Procedure including the amendments as herein approved, adopted and promulgated.
2. File with the Administrative Office of the Pennsylvania Courts seven (7) certified copies of this Order and the following amendments to the Cambria County Rules of Civil Procedure.
3. Distribute two (2) certified copies of this Order and the following amendments to the Cambria County Rules of Civil Procedure to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
4. File one (1) certified copy of this Order and the following amendments to the Cambria County Rules of Civil Procedure with the Civil Procedural Rules Committee.
5. Upon request and the payment of reasonable costs of reproduction and mailing, furnish a copy of this Order and the following amendments to the Cambria County Rules of Civil Procedure to any person.
6. The Prothonotary of Cambria County shall cause a copy of this Order and the following amendments to the Cambria County Rules of Civil Procedure as herein approved, adopted and promulgated, to be published one (1) time in the Cambria County Legal Journal.
By the Court
GERARD LONG,
President JudgeRule 205.2 CC. Pleadings and Legal Papers.
(a) All papers filed shall conform to the Rules of Appellate Procedure, except that they shall be bound at the top.
(b) All complaints in civil actions and proceedings filed and docketed in the Prothonotary's Office shall have a cover sheet substantially in the following form:
JOHN DOE and MARY DOE, Husband and Wife, :
:
:
:IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA : Plaintiffs : CIVIL ACTION--LAW (or) vs.
: CIVIL ACTION--EQUITY : FRANK SMITH, : ACTION IN ______ : Defendant :
:FOR TRIAL (or) FOR ARBITRATION :
:(or) FOR OTHER DISTRIBUTION : ______ : :
:TYPE OF DOCUMENT:
______: :
:COUNSEL OF RECORD FOR PARTY: : : Name : Address : Telephone : Supreme Court I.D. No. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by your attorney, an filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court, without further notice, for any money claimed in the Complaint, or of any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAUREL LEGAL SERVICES, INC.
225-227 Franklin Street
Suite 400 Franklin Center
Johnstown, Pennsylvania 15901-2524
Telephone Number: (814) 536-8917_________________
(Name)_________________
(Address)_________________
(Telephone Number)Rule 206.4(c) CC. Rule to Show Cause.
(1) A Petition containing a Rule to Show Cause shall be made returnable, not less that 10 days after issuance, unless a statue or the Rules of Civil Procedure require another return day.
(2) A Rule to Show Cause shall not operate as a stay of proceedings unless the Court shall so order.
(3) The party obtaining said Rule shall, within 5 days, serve the Rule and Petition in compliance with Rule of Civil Procedure 440 and 441.
(4) All subsequent proceedings shall be in accordance with Rule of Civil Procedure 206.7.
(5) If no Answer is filed by the return date, the Court, upon request, shall make the Rule absolute.
(6) All Petitions for Rule to Show Cause prior to the case being assigned to a Judge pursuant to Rule 1018.2 CC shall be filed with the Prothonotary and scheduled in accordance with Motions Court procedure under Rule 208.3(a) CC.
(7) All Petitions for Rule to Show Cause after the case has been assigned to a Judge pursuant to Rule 1018.2 CC shall be filed with the Prothonotary and scheduled at the direction of the assigned Judge.
Rule 208.3(a) CC. Motions.
1. Motions shall be in writing and shall comply with the requirements of Rule of Civil Procedure 208.2.
2. In all cases where there are opposing counsel of record and unrepresented parties, no Motion will be entertained and no Order of Court made unless notice has been given to opposing counsel or the unrepresented party, personally, in advance thereof and a written certification of notice accompanies the Motion and the Court has been satisfied with the sufficiency of the notice.
3. All Motions shall include a proposed Order of Court.
4. All Motions that do not require an evidentiary hearing and all Motions prior to the case being assigned to a judge, pursuant to Rule 1018.2 CC, shall be heard in Motions Court.
5. Motions Court shall be held on every Monday (unless a holiday) at 9:15 a.m., at the Court House, in Ebensburg, before the judge assigned to Motions Court for that month.
6. All Motions filed before Noon on Thursday will be scheduled for the following Monday's session of Motions Court.
7. Counsel shall file these Motions with the Prothonotary and serve a copy thereof on the Court Administrator and on opposing parties, or their counsel, with an affidavit of service attached to the original Motion, certifying how service was effected.
Rule 1028(c) CC. Preliminary Objections.
Preliminary Objections filed with the Prothonotary shall be scheduled by the Prothonotary for Argument Court in accordance with the procedure set forth in Rule 227.2 CC. The Prothonotary shall mail to all counsel of record, at least two weeks before Argument Court, a printed list of all cases listed for argument, with the names of counsel for the respective parties, and a Briefing Schedule. If a party is not represented by counsel, the Prothonotary shall mail the list to him at his address appearing in the proceedings.
Rule 1034(a) CC. Motions for Judgment on the Pleadings.
Motions for Judgment on the Pleadings filed with the Prothonotary shall be scheduled by the Prothonotary for Argument Court in accordance with the procedure set forth in Rule 227.2 CC. The Prothonotary shall mail to all counsel of record, at least two weeks before Argument Court, a printed list of all cases listed for argument, with the names of counsel for the respective parties, and a Briefing Schedule. If a party is not represented by counsel, the Prothonotary shall mail the list to him at his address appearing in the proceedings.
Rule 1035.2(a) CC. Motions for Summary Judgment.
Motions for Summary Judgment filed with the Prothonotary shall be scheduled by the Prothonotary for Argument Court in accordance with the procedure set forth in Rule 227.2 CC. The Prothonotary shall mail to all counsel of record, at least two weeks before Argument Court, a printed list of all cases listed for argument, with the names of counsel for the respective parties, and a Briefing Schedule. If a party is not represented by counsel, the Prothonotary shall mail the list to him at his address appearing in the proceedings.
[Pa.B. Doc. No. 04-1480. Filed for public inspection August 13, 2004, 9:00 a.m.]
