Section 3777. Docketing  


Latest version.
  • (a) Administrative case docket. Upon the filing of a petition to rehabilitate or liquidate an insurance company under Article V, the chief clerk shall create an administrative case docket and assign the petition a number thereon. All filings directly related to the Court’s consideration of the petition for rehabilitation or liquidation shall be filed at that number, and this docket will contain all filings concerning the administration of the insurer’s business or estate should the petition be granted.

    (b) Case caption—administrative case docket. The caption of the proceeding assigned to an administrative case docket shall be substantially in the following form:





    IN THE COMMONWEALTH COURT OF PENNSYLVANIA



    IN RE: XYZ Insurance Company :
    In Liquidation [Rehabilitation] : No. 1 XYZ 20xx
    :
    [Title of Document]



    (c) Ancillary case docket. When a complaint is filed by or against the receiver to commence an adversarial proceeding under Rule 3783 (adversarial proceeding), when the Court sua sponte directs that a dispute initiated by an application for relief under Rule 3776 (applications) be treated as an adversarial proceeding under Rule 3783 or when an objection is filed to a notice of determination under Rule 3781 (claim procedure), the chief clerk will note such filing on the administrative case docket, establish an ancillary case docket and assign a number for each such matter. The party initiating an ancillary case shall file a completed cover sheet that may be obtained from the chief clerk or at www.pacourts.us/T/Commonwealth/.

    (d) Case caption—ancillary dockets. Matters that receive ancillary case docket numbers shall be captioned substantially in accordance with the following examples:

    (1) An adversarial proceeding under Rule 3783 (adversarial proceedings) shall be captioned:

    IN THE COMMONWEALTH COURT OF PENNSYLVANIA




    ,
    :
    Plaintiff/Applicant

    :
    :
    v.
    :
    : No.

    ,
    :
    Defendant/Respondent

    :
    :
    (Ancillary to IN RE: :
    XYZ Insurance Company :
    In Liquidation :
    No. 1 XYZ 20xx) :
    [Title of Document]



    (2) An objection to the liquidator’s determination on a proof of claim under Rule 3781 (claim procedure) shall be captioned:

    IN THE COMMONWEALTH COURT OF PENNSYLVANIA



    John Doe Company, :
    Objector : Objection to Notice of
    : Determination
    :
    : Re: Proof of Claim
    :No.
    :
    v. :
    :
    :
    XYZ Insurance Co., in :
    Liquidation:
    : No.
    (Ancillary to IN RE: :
    XYZ Insurance Company :
    In Liquidation :
    No. 1 XYZ 20xx) :
    Objection to Liquidator’s Notice(s) of Determination




    Official Note

    Listing proof of claim number(s)—All claim numbers should be listed in the caption to the right of the dotted line and on the cover sheet. If the objection relates to proof of claim numbers too numerous to conveniently be listed in the caption, the first claim number followed by ‘‘et al’’ must be shown in the caption and additional proof of claim numbers shall be listed in a footnote on page one.

The provisions of this Rule 3777 adopted June 8, 2012, effective July 30, 2012, 42 Pa.B. 3569.