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HomeMy WebLinkAbout96-01335??l J ?n M Q' r*v V IN REt RULES OF THE COURT OF s IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, s CIVIL ACTION PENNSYLVANIA s s NO. 96-1335 CIVIL TERM ORDER OF COURT AND NOW, this 12tH day of MARCH, 1996, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective May 1, 1996, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 2390 the Prothonotary is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in MS DOS reflecting the text in the hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the Court, Harold E. Sheely, P.J. sold 404. DISCOVERY MOTIONS RULE 4001-1. All motions and petitions regarding discovery in civil cases, including, but not limited to, motions to compel, for protective orders and for sanctions, shall be filed, with the Prothonotary who will transmit the motion/petition to the Court Administrator for assignment to a judge. Any answer or response to an order or rule shall be filed, initially, with the Court Administrator who shall refer same to the judge assigned prior to filing with the Prothonotary. Adopted November 10, 1990, effective November 30, 1990. amended April 1, 1996, effective May 1, 1996. 37 J ? t IN REs RULES OF THE COURT OF s IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, s CIVIL ACTION PENNSYLVANIA s s NO. 96-1335 CIVIL TERM ORDER of COURT AND NOW, this 24th day of JUNZ, 1996, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective August 1, 1996, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 2390 the Prothonotary is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in MS DOS reflecting the text in the hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the Court, Harold E. Sheely, P.J. i sold _ ? s? __ I?..?u?.?_,. ...1 ?J . 2 PETITIONS AND ANSWERS RULE 205-1. HYBRID REPRESENTATION - Where a litigant is represented by any attorney before the court and the litigant submits for filing a motion, petition, brief or any other type of pleading in the matter, it shall not be acted upon by the Judge, but forwarded to the counsel of record for such purposes as counsel may deem appropriate on behalf of his or her client. Adopted May 28, 1996; effective August 1, 1996 NON-JURY TRIALS RULE 215-1. At any time a civil non jury case Is at issue and is above the arbitration limit, any party may file a praecipe with the Prothonotary to assign the case to a trial judge. The Prothonotary shall immediately forward the pmecipe to the Court Administrator who shall assign the case. A trial and or pretrial conference shall then be scheduled by the Judge. Adopted May 28, 1996; effective August 1, 1996 IN RE: RULES OF THE COURT OF : IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-1335 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of JULY, 199, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective September 15, 1999, or thirty (30) days after publication, in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text In the hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the Court, 1?eeyt IV offer, .J. :mw 'T L CJ FIM INACTIVE CASES NOT AT ISSUE RULE 228. The Prothonotary, shall list, for general call on the last Tuesday of October of each year, all civil matters which are not at issue, and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pa. R.J.A. 1901(c), notify counsel of record and any parties for whom no appearance has been entered, that the matter has been so listed. If no action is taken, and no written objection is filed in a listed matter prior to the time set for the general call, the Prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to prosecute. If, at the call of the list, no good cause is shown why a matter should be continued, the court shall enter an order dismissing the matter with prejudice. Adopted and effective January 26, 1976; amended April 1, 1995, effective April 30, 1995; amended, July 20, 1998, effective, August 20, 1998; amended July 15, 1999, effective September 15, 1999. 42 7 -19 4 y lk IN RE: AMENDMENT OF RULE OF CIVIL PROCEDURE 400.1 GOVERNING SERVICE OF ORIGINAL PROCESS AND OTHER LEGAL PAPERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 1335 CIVIL 1996 OQRDE AND NOW, to wit, this day of 1999, in conformity with Pa. R.C.P. 400.1(b)(1), as recently amended and adopted by Tte Supreme Court of Pennsylvania, and which amendment is scheduled to take effect on September 1, 1999, it is hereby ORDERED and DECREED that original process shall be served within Cumberland County (a) by the sheriff or a competent adult in the actions in equity, partition, prevent waste and declaratory judgment when declaratory judgment is the only relief sought; and (b) by the sheriff in all other actions. This Order shall remain in effect until the matter may be more closely examined by the Board of Judges of Cumberland County and a local rule passed thereafter. ti By the Court, _ ? / 1? l.'.. J % IN RE. RULES OF THE COURT OF IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA :NO. W1335 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of October, 2001, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective October 8, 2001, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 239, the Court Admnistrator is directed to forward seven I( (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (? certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text In the hard copy version, one (1)' opy to the Supreme Court Civil Procedural Rules Comrittee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the Court, 0 6e ? s 10- Rule 1910.10 Hearing Procedure The Court of Common Pleas of Cumberland County adopts the alternative hearing procedure set forth in Pa.R.C.P. 1910.12. Rule 1910.12 Conduct of Hearing: Exceptions (a) Hearings shall be conducted by the Support Master. (b) The Support Master shall engage the services of a stenographer; however, the notes of testimony shall not be transcribed unless: (1) required by the Support Master to prepare the report and recommendation to the Court, or (2) ordered by the Court following the filing of exceptions. (c) It shall be the responsibility of the party who first files exceptions to obtain an order directing that the notes of testimony be transcribed. The party filing the exceptions shall bear the cost of the original transcript. If both parties file exceptions, the cost of the original transcript shall be shared equally. Nothing herein shall prevent the Court from thereafter reallocating the costs of the transcript as part of a final order. (d) When exceptions are filed, the Domestic Relations Office shall forthwith forward the cases to the Court Administrator who shall assign them to the Judges of the Court of Common Pleas on a rotating basis. NOTE: In Cumberland County the "Hearing Officer" referred to in Rule 1910.12 Pa.R.C.P. is designated as the Support Master. r' 1? ?r, ?(^" ? I i ???? IN RE. RULES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COiNIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1335 CIVILTERM Dikl'RA'rIVE ORDER OF COURT AND NOW, this day of November, it is hereby ORDERED that henceforth the Support Master shall hear contests to registrations of support orders tiled under the Unit'orm Interstate Family Support Act, 23 Pa.C.S. §§7603-7608 and the Intrastate Family Support Act, 23 Pa.C.S. §§8111-8415. The Support Master and the parties shall proceed under Pa.R.C.P. 1910.12 and C.C.R.P. 1910.12. By the Court, 1 - f 1 ? ?.? ? ? ? ?^ 1 COMMON%'EALTII LN rm; cord r OF CONI:MON PLEAS OF CUNIBERLAND COUNTY, PENNSYLVANIA 90-1135 CIVIL. TERobI RULES OF COURT OF CON1N1ON PLEAS: OF CUMBERLAND COUNTY' PA ORDFR OF COURT And Now this _ I5i°_day of ,March, 2004, pursuant to 18 P.S. § 1 1.1 102, the Court hereby increases the Offender Supervision Fee From twenty-five ($25) dollars per month to thirty-five (335) dollars per month, assessed against ail offenders placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment supervision. Said increase is to be effective April I, 2004, for those offenders sentenced on or after April I, 2004. Offenders sentenced prior to the effective date of this increase will continue to be assessed a twenty-five ('525) dollar per month Offender Supervision Fee, /NJMudMcG )rge E. Hoffer George E. Hoffer, President Judge Edgar B. Bayley, Judge Kevin A. Hess, Judge 1. Wesley Oler, Jr., Judge Edward E. Guido, Judge Adult Probation Officers Prothonotary Clerk of Court Court Administrator Cuntb. Co. Bar Association Sheriff' Public Defender File ?n ?? "? _ . ? ?, ?; 1... . t L . •I 1.. - Cy IN RE: RULES OF THE COURT OF : IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-1335 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of July, 2004, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective July 213th, 2004, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to thetegislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in the hard copy version, one (1) copy to the/Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the"Cumberland Law Journal. the ?C a X3.0 E. Hoffer, P PROPOSED LOCAL RULES TO BE PUBLISHED IN ACCORDANCE: WITH PA.R.C_P. 239(c)(7) Rule 206.1. Petitions In addition to petitions to open and for non pros, petition practice shall also be applicable to petitions to transfer venue on grounds of forum non conveniens and petitions which seek the issuance of a rule to serve the interest of justice. See Pa.R.C.P. 206.1(a)(2) Rule 206.4(e). Rules to Show Cause. Cumberland County hereby adopts Pa.R.C.P. 206.5 as the procedure governing rules to show cause. The issuance of rules to show cause will be discretionary with the court upon presentation of a petition seeking the same. (1) A petition for a rule to show cause shall be tiled with the Prothonotary who shall docket the petition and forward same to the Court Administrator for assignment to a Judge. (2) Upon a grant of a rule to show cause an order shall be issued in accordance with Pa.R.C.P. 206.5 governing the requirements for an answer, the scheduling of depositions, and the manner in which argument will be schedule. (3) The procedures with regard to rules to show cause shall also comply with the requirements with respect to motions, generally, set forth in Rule 208.3(a). Rule 208.2(d). Concurrence of Counsel. All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summaryjudgment, petitions to open or strike judgments, and motions for post-trial relief. Rule 208.3(a). Motions. All motions and petitions shall be initially presented to the Prothonotary who shall forward same to the Court Administrator for assignment to a Judge for disposition. (1) All motions submitted to the Court shall he in writing and shall prominently indicate the individual attorney responsible for the matter. Where that attorney is not the one who personally submits the papers, the names of both attorneys shall be clearly indicated. (2) The motion shall name each Judge who has ruled upon any other issue on the same or related matter, and shall specify the issue. (3) A proposed order or decree shall be prepared by counsel and affixed to the front of each petition or motion submitted to the Court. Where the Court cannot make an ex parte detemtination of the matter, the proposed, order shall be in the nature of a rule to show cause why relief sought ought not to be granted. (4) The Judge to whom a motion has been assigned shall, thereafter, by order, schedule such briefing and argument as shall be deemed necessary. (5) Except as provided in Rules 1028(c), 1034(a), and 1035.2(a), no petition or motion, including those relating to depositions and discovery, shall be placed on an argument court list unless directed by the Judge assigned thereto. (6) Where notice of the entry of any order is required under Pa.R.C.P. 236, the petitioner or moving party shall include in the proposed order the names of the persons and/or attorneys who are required to be notified and to provide duplicate copies of the proposed order with stamped envelopes addressed to the said persons and/or attorneys. (7) All motions regarding discovery in civil cases including, but not limited to, motions to compel, for protective orders, and for sanctions, shall be filed with the Prothonotary who will transmit the motion/petition to the Court Administrator for assignment to a judge. Any answer or response to a discovery order or rule shall be tiled, initially, with the Court Administrator who shall refer same to the judge assigned prior to filing with the Prothonotary. (8) Hybrid Representation. In the event that a party who is represented by counsel of record attempts to file a motion, petition, answer or similar item on his or her own, the court will not docket the item but instead forward it to the counsel of record for such action as he or she deems appropriate on behalf of his or her client. Rule 1028(c). Preliminary Objections. All preliminary objections shall be tiled with the Cumberland County Prothonotary's Office. Thereafter, the issues raised will be disposed of at regular sessions of argument court, which shall be scheduled as part of the annual court calendar. The procedure for disposition of matters at argument court shall be as follows: (I) The Prothonotary shall maintain the argument court list. (2) A case shall be listed by filing a praecipe, in duplicate, with the Prothonotary. The party listing the case for argument shall serve a copy of the praccipe on all counsel or any unrepresented party. (3) The argument list shall be closed twenty (20) days prior to the date for argument. -41 The list shall then be prepared by the Prothonotary and the cases shall be set out in order of their i listing. Upon the closing of the argument list, the Prothonotary shall furnish notification to all attorneys and unrepresented parties, who have cases listed for argument, of the listing by regular mail. (4) One week prior to argument, the Court Administrator, at the direction of the President Judge, shall prepare the final list of cases to be argued before either a single judge or an en bane panel of two judges, or three judges. The list of assigned cases shall be listed in the Prothonotary's Office and the Law Library six (6) days prior to the date for argument. (5) A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be tiled with the Court Administrator before argument. 'The party seeking the order shall furnish these briefs and serve a copy of the brief upon opposing counsel or any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days before the date set for argument. Argument may be denied to any party who fails to comply with the tiling requirements of this paragraph. If the party seeking the order has not filed a timely brief in accordance with this rule, the Court may deny the relief sought on that basis alone. (6) Issues raised, but not briefed, shall be deemed abandoned. (7) References in any brief to parts of the record appearing in a reproduced record shall be to the pages and the lines in the reproduced record where said parts appear, e.g., "(r. pg. 301. 15):" If references are made in the briefs to parts of the original record not reproduced, the references shall be to the parts of the record involved. e.g., "(Answer p. 7), " "(Motion for Summary Judgment p. 2)." (8) Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes { } unless prior permission is granted to extend argument in a complex case. _ ,r (9) Prior approval of the Court must be obtained to present cases only on briets. Any request is to be made to the Court Administrator no later than five (5) days prior to argument. Cases submitted for argument on briefs are subject to the briefing schedule set birth in paragraph (5). (10) Briefs will not be retained by the Court past the current argument court session. If the case is pracciped for argument but not argued during that session, a new brief will be required when the case is relisted. (11) All agreements for continuances and/or withdrawals shall be communicated to the Court Administrator no later than seven (7) days prior to argument court. Rule 1034(a). Motions for Judgment on the Pleadings. Motions for judgment on the pleadings shall be tiled with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c). Rule 1035.2(a). Motions for Summary Judgment. All motions for summary judgment shall be tiled with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c). Note: The foregoing rules 206.1, 206.4(c), 208.2(d), 208.3(a), 1028(c), 1034(a) and 1035.2(a) are promulgated pursuant to Pa.R.C.P. 239.1 et seq. These Supreme Court Rules require that x courts of common pleas adopt rules with respect to motions pra.tice. "fhe rules, thus adopted. are required to be published on the web site of the Administrative Office of Pennsylvania Courts. The foregoing local rules retain current practices and are, to a large extent, existing rules renumbered and reconfigured in accordance with the requirements of the Pennsylvania Supreme Court. These rules are derived from and also rescind existing Cumberland County rules 203-I. 206-1 through 209-2,210-l through 210-14,227.1-1,227.1-2, and 4001.1. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO DEFEND CIVIL TERM CIVIL 96-1335 ORDER OF COURT AND NOW, this 5th day of October, 2004, in light of the relocation of the Cumberland County Bar Association and effective October 5, 2004, or thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Local Rule of Court 1018.1-1 regarding Notice to Defend is amended as follows: As provided by Pennsylvania Rule of Civil Procedure No. 1018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained: Cumberland County Bar Association, 32 South Bedford Street, Carlisle, Pennsylvania - telephone number 249-3166. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. C eC g E. offer, P. J. W ? c V H? IN RE: RULES OF THE COURT OF : IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-1335 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of August, 2004, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective upon publication on the Administrative Office of Pennsylvania Courts websits. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward one (1) copy to the Supreme Court Civil Procedural Rules Committee. By the 41 o?. ?L-o?l F1 fic ,,? d? finny PROPOSED LOCAL RULES TO BE PUBLISHED IN ACCORDANCE WITH PA.R.C.P. 239(c)(7) Rule 206.1(s). Petitions. In addition to petitions to open and for non pros, petition practice shall also be applicable to petitions to transfer venue on grounds of forum non conveniens and petitions which seek the issuance of a rule to serve the interest of justice. See Pa.R.C.P. 206.1(a)(2) Rule 206.4(c). Rules to Show Cause. Cumberland County hereby adopts Pa. R.C.P. 206.5 as the procedure governing rules to show cause. The issuance of rules to show cause will be discretionary with the court upon presentation of a petition seeking the same. (1) A petition for a rule to show cause shall be tiled with the Prothonotary who shall docket the petition and forward same to the Court Administrator for assignment to a Judge. (2) Upon a grant of a rule to show cause an order shall be issued in accordance with Pa.R.C.P. 206.5 governing the requirements for an answer, the scheduling of depositions, and the manner in which argument will be schedule. (3) The procedures with regard to rules to show cause shall also comply with the requirements with respect to motions, generally, set forth in Rule 208.3(a). Rule 208.3(a). Motions. All motions and petitions shall be initially presented to the Prothonotary who shall forward same to the Court Administrator for assignment to a Judge for disposition. (1) All motions submitted to the Court shall be in writing and shall prominently indicate the individual attorney responsible for the matter. Where that attorney is not the one who personally submits the papers, the names of both attorneys shall be clearly indicated. (2) The motion shall name each Judge who has ruled upon any other issue on the same or related matter, and shall specify the issue. (3) A proposed order or decree shall be prepared by counsel and affixed to the front of each petition or motion submitted to the Court. Where the Court cannot make an ex parte determination of the matter, the proposed order shall be in the nature of a rule to show cause why relief sought ought not to be granted. (4) The Judge to whom a motion has been assigned shall, thereafter, by order, schedule such briefing and argument as shall be deemed necessary. (5) Except as provided in Rules 1028(c), 1034(x), and 1035.2(x), no petition or motion, including those relating to depositions and discovery, shall be placed on an argument court list unless directed by the Judge assigned thereto. (6) Where notice of the entry of any order is required under Pa.R.C.P. 236, the petitioner or moving party shall include in the proposed order the names of the persons and/or attorneys who are required to be notified and to provide duplicate copies of the proposed order with stamped envelopes addressed to the said persons and/or attorneys. (7) All motions regarding discovery in civil cases including, but not limited to, motions to compel, for protective orders, and for sanctions, shall be filed with the Prothonotary who will transmit the motion/petition to the Court Administrator for assignment to a judge. Any answer or response to a discovery order or rule shall be filed, initially, with the Court Administrator who shall refer same to the judge assigned prior to filing with the Prothonotary. (8) Flybrid Representation. In the event that a party who is represented by counsel of record attempts to file a motion, petition, answer or similar item on his or her own, the court will not docket the item but instead forward it to the counsel of record for such action as he or she deems appropriate on behalf of his or her client. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Rule 1028(c). Preliminary Objections. All preliminary objections shall be filed with the Cumberland County Prothonotary's Office. Thereafter, the issues raised will be disposed of at regular sessions of argument court, which shall be scheduled as part of the annual court calendar. The procedure for disposition of matters at argument court shall be as follows: (1) The Prothonotary shall maintain the argument court list. (2) A case shall be listed by filing a praecipe, in duplicate, with the Prothonotary. The party listing the case for argument shall serve a copy of the praecipe on all counsel or any unrepresented party. (3) The argument list shall be closed twenty (20) days prior to the date for argument. The list shall then be prepared by the Prothonotary and the cases shall be set out in order of their listing. Upon the closing of the argument list, the Prothonotary shall furnish notification to all attorneys and unrepresented parties, who have cases listed for argument, of the listing by regular mail. (4) One week prior to argument, the Court Administrator, at the direction of the President Judge, shall prepare the final list of cases to be argued before either a single judge or an en bane panel of two judges, or three judges. The list of assigned cases shall be listed in the Prothonotary's Office and the Law Library six (6) days prior to the date for argument. (5) A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Court Administrator before argument. The party seeking the order shall furnish these briefs and serve a copy of the brief upon opposing counsel or any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days before the date set for argument. Argument may be denied to any party who fails to comply with the filing requirements of this paragraph. If the party seeking the order has not filed a timely brief in accordance with this rule, the Court may deny the relief sought on that basis alone. (6) Issues raised, but not briefed, shall be deemed abandoned. (7) References in any brief to pans of the record appearing in a reproduced record shall be to the pages and the lines in the reproduced record where said parts appear, e.g., "(r. pg. 30 I. 15)." If references are made in the briefs to parts of the original record not reproduced, the references shall be to the parts of the record involved, e.g., "(Answer p. 7), " "(Motion for Summary Judgment p. 2)." (8) Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes unless prior permission is granted to extend argument in a complex case. (9) Prior approval of the Court must be obtained to present cases only on briefs. Any request is to be made to the Court Administrator no later than five (5) days prior to argument. Cases submitted for argument on briefs are subject to the briefing schedule set forth in paragraph (5). (10) Briefs will not be retained by the Court past the current argument court session. If the case is praeciped for argument but not argued during that session, a new brief will be required when the case is relisted. (11) All agreements for continuances and/or withdrawals shall be communicated to the Court Administrator no later than seven (7) days prior to argument court. Rule 1034(x), Motions for Judgment on the Pleadings. Motions for judgment on the pleadings shall be filed with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c). Rule 1035.2(x). Motions for Summary Judgment. All motions for summary judgment shall be filed with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c). Note: The foregoing rules 206.1. 206.4(c), 208.2(d), 208.3(x), 1028(c), 1034(x) and 1035.2(a) are promulgated pursuant to Pa.R.C.P. 239.1 et seq. These Supreme Court Rules require that courts of common pleas adopt rules with respect to motions practice. 'The rules, thus adopted, are required to be published on the web site of the Administrative Office of Pennsylvania Courts. The foregoing local rules retain current practices and are, to a large extent, existing rules renumbered and reconfigured in accordance with the requirements of the Pennsylvania Supreme Court. These rules are derived from and also rescind existing Cumberland County rules 205-I, 206-1 through 209-2, 210-1 through 210-14, 227.1-1, 227.1-2, and 4001-1. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARBITRATION RULES : CIVIL TERM C TL 96-1335 ORDER OF COURT AND NOW, this 30th day of March, 2005, and effective March 30, 2005, or thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Local Rule of Court 1301.1 regarding Arbitration Rules is amended as follows: All civil cases which are at issue in which the total amount in controversy is Thirty Five Thousand Dollars (;35,000) or less, exclusive of interest and costs, except those cases involving the title to real estate, shall be submitted for hearing and award to three members of the Bar of Cumberland County to be designated as a Board of Arbitrators. Note: These rules are adopted pursuant to the authority of sec. 7361 of the Judicial Code of July 9, 1976, 42 Pa.C.S. sec. 7361. (Rules 450 et seq. for requirements of admission and membership in the Bar of Cumberland County). Formerly Local Rule 401-1. Adopted May 15, 1981; effective May 15, 1981; Amended December 21, 1992; effective February 1, 1993; Amended March 30, 2005; effective March 30, 2005. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the t text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. By the 4 / r'&,George E. Hoffer, . J. r C\ c J l t (LI 1x. 2005, Fled rdAo,olaty a4fr rrland ??fy RN AS OF I?-as-a6o? CASE# 1996- )33S- HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. IN RE: IN THE COURT OF COMMON PLEAS OF ARBITRATION RULES CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM : CIVIL 96-1335 ORDER AND NOW, this 28th day of November, 2006, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Cumberland County Rules of Procedure are amended as follows: Rule 1301-1. All civil cases which are at issue in which the total amount in controversy is Th•,.f, Five Thetisand Dell "°1Q35 noa? Fifty Thousand Dollars ($50,000) or less, exclusive of interest and costs, except those cases involving the title to real estate, shall be submitted for hearing and award to three members of the Bar of Cumber-land reui+t to be designated as a Board of Arbitrators. Note: These rules are adopted pursuant to the authority of sec. 7361 of the Judicial Code of July 9, 1976, 42 Pa.C.S. sec. 7361. ( les 450 et se for- requirements ef admission and member-ship in the Bar- ef Gumber-land Geunty). 1~ ,,.. nerl„ T 1, al Rule 4 0 1t Adopted May 15, 1981, effective May 15, 1981; Amended December 21, 1992; effective February 1, 1993 The Court Administrator is directed to forward and file certified copies of this order in accordance with Pa.R.C.P. 239(c) and to forward a copy to the Cumberland Law Journal. BY THE Edgar B. Bayley, P.J. 4-- u^ , U (^?1 T Q , CS, ??,.?c+y ray {?, I .?1 ?..?+ tLr- CO .? rd , CC) cL Q- t qj q) cp °-- a--- 9 -` d cJ IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 208.3(a)(2) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CIVIL 96-1335 ORDER reads: AND NOW, this r2Wday of February, 2007, Local Rule 208.3(x)(2) which currently 2. The motion shall name each Judge who has ruled upon any other issue on the same or related matter, and shall specify the issue. is hereby amended to clarify the information being sought. The rule, as amended, shall read: 2. The motion shall state whether or not a judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the judge and the issue. The Court Administrator is directed to forward and file certified copies of this order in accordance with Pa.R.C.P. 239(c) and to forward a copy to the Cumberland Law Journal. yger?? ?o 'Z1 eFereace U,??me COtA,t ? Procelwra?- fkopc ?Reau 0-.%'V-, hoc. BY THE C o`? 0 IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 208.3(a)(2) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CIVIL 96-1335 AMENDED ORDER AND NOW, this -.70 day of March, 2007, Local Rule 208.3(a)(2) which currently reads: 2. The motion shall name each Judge who has ruled upon any other issue on the same or related matter, and shall specify the issue. is hereby amended to clarify the information being sought. The rule, as amended, shall read: 2. The motion shall state whether or not a judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the judge and the issue. The Court Administrator is directed to forward and file certified copies of this order in accordance with Pa.R.C.P. 239(c) and to forward a copy to the Cumberland Law Journal. This rule is effective upon publication on the U.J.S. portal. q dt, BY Edgar B. f-J n IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARBITRATION RULES CIVIL TERM : CIVIL 96-1335 ORDER OF COURT AND NOW, this S day of July, 2007, and effective thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Local Rule of Court 1301.1 regarding Arbitration Rules is amended as follows: All civil cases which are at issue in which the total amount in controversy is Fifty Thousand Dollars ($50,000) or less, exclusive of interest and costs, except those cases involving the title to real estate, shall be submitted for hearing and award to three members of the Bar of Cumberland County to be designated as a Board of Arbitrators. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, on (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal BY TI-Ig-C R Edgar B. Bayley, P.J. C` T IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULES 1915.3-4, CUMBERLAND COUNTY, PENNSYLVANIA 1915.3-8(b) 1915.15 CIVIL TERM 96-1335 CIVIL ORDER AND NOW, this 30th day of November, 2007, and effective November 30, 2007, or thirty (30) days after publication in the Pennsylvania Bulletin, the Cumberland County Local Rules of Court are amended as follows: 1. Cumberland County Local Rule of Court 1915.3-4, requiring that the parties provide certain information to the Custody Conciliator, as of course, prior to the Conciliation Conference is RESCINDED. 2. Cumberland County Local Rule of Court 1915.3-8(b), providing for the submission of the Conciliator's Conference Summary Report and a proposed order of court is AMENDED to add a final sentence reading: "The proposed recommended order may contain a requirement that the parties file a pretrial memorandum with the Judge to whom the matter has been assigned." 3. Rule 1915.15, setting out the form of the notice for the Conciliation Conference, is amended to DELETE the sentence which reads: "All children age five or older may also be present at the conference." Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. Edgar B. Bayley, P.J. IN RE: : IN THE COURT OF COMMON PLEAS OF LOCAL RULE 303-3 CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM 96-1335 CIVIL ORDER AND NOW, this 13th day of December, 2007, effective December 13, 2007, or thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Local Rule 303-3 is amended to read as follows: Rule 303-3 (a). A criminal trial list of all cases arraigned and undisposed of for the upcoming trial term shall be published and distributed by the District Attorney not later than the day before the pretrial conference scheduled for that term. (b). The District Attorney's Office shall provide the Court Administrator's Office with a list of all undisposed cases arraigned for that trial term not later than 10:00 a.m. on the last working day before the trial term. The Court Administrator's Office shall publish and distribute not later than noon on the last working day before the trial term a schedule of all undisposed cases arraigned for that trial term. The District Attorney shall call cases for trial before the next available judge in the order scheduled. Any request for a continuance will be considered only after notice to the other party. Any continuance granted shall include an order to appear at the next term's pretrial conference date. A similar trial schedule shall be published for the second trial week of any term not later than the previous Thursday. The District Attorney shall coordinate the calling of cases for trial as scheduled with the Court Administrator. Adopted September 25, 1989; effective October 30 1989; amended December 13, 2007. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY `mil/ " Edgar B. Bayley, P.J. W Q °Q %f f P? A H C ?j a L I C> C`W t . V? V ? s ??fTt 94. - «Jr e C '-?AVA PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz January 11, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 11 day of January, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 IN RE: IN THE COURT OF LOCAL RULE 303-3 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM : 96-1335 CIVIL ORDER AND NOW, this 13th day of December, 2007, effective December 13, 2007, or thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Local Rule 303-3 is amended to read as follows: Rule 303-3 (a). A criminal trial list of all cases arraigned and undis- posed of for the upcoming trial term shall be published and distributed by the District Attorney not later than the day before the pretrial conference scheduled for that term. (b). The District Attorney's Office shall provide the Court Administrator's Office with a list of all undisposed cases arraigned for that trial term not later than 10:00 a.m. on the last working day before the trial term. The Court Administrator's Office shall publish and distribute not later than noon on the last working day before the trial term a schedule of all undisposed cases arraigned for that trial term. The District Attorney shall call cases for trial before the next available judge in the order scheduled. Any request for a continuance will be considered only after notice to the other party. Any continuance granted shall include an order to appear at the next term's pretrial conference date. A similar trial schedule shall be published for the second trial week of any term not later than the previous Thursday. 4 The District Attorney shall coordinate the calling of cases for trial as scheduled with the Court Administrator. Adopted September 25, 1989; effective October 301989; amended December 13, 2007. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, Edgar B. Bayley, P.J. r-? ;? ? ??, r_'a "T"f `'t.,: ?w ti IC ? ???? .._s. .-_? ? r?, IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 357 CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM : 96-1335 CIVIL ORDER AND NOW, this 17th day of July, 2008, it appearing that Cumberland County Rule of Procedure 357 is in conflict with, and otherwise redundant of, Pa.R.C.P.M.D.J. 1008, it is hereby ordered that Cumberland County Rule of Procedure 357 is RESCINDED in its entirety. This order is effective July 17, 2008, or thirty (30) days after publication in the Pennsylvania Bulletin. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. W Mr n ` v C"? ? C7 1 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOCAL RULE 212-4 CIVIL TERM CIVIL 96-1335 ORDER OF COURT AND NOW, this 6" day of February, 2010, and effective July 1, 2010, or thirty (30) days after publication in the Pennsylvania Bulletin, whichever is later, Cumberland County Local Rule of Court 212-4 is amended to read as follows: Rule 212-4. Each party to a civil action shall submit a pretrial memorandum to the Court Administrator and serve a copy on all other parties, no later than Friday prior to the pretrial conference. The memorandum shall set forth in the following order: 1) A statement of the basic facts as to liability. 2) A statement of the basic facts as to damages. 3) A statement as to the principal issues of liability and damages. 4) A summary of legal issues regarding admissibility of testimony, exhibits or any other matter, and legal authorities relied on. 5) The identity of witnesses to be called. 6) A list of exhibits with brief identification of each. 7) The current status of settlement negotiations including a statement as to whether an Alternative Dispute Resolution option has been utilized. Adopted and effective August 28, 1981. Amended December 1, 1991, effective December 1, 1991. Amended February 5, 2010, effective July 1, 2010. w?? .ti Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, on (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal BY THE COURT, N o t13{ Mr `x_• iM r m N ,k IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOCAL RULE 213-2 : CIVIL TERM : CIVIL 96-1335 ORDER OF COURT AND NOW, this S ` day of February, 2010, and effective July 1, 2010, or thirty (30) days after publication in the Pennsylvania Bulletin, whichever is later, Cumberland County Local Rule of Court 213-2 is amended to read as follows: Rule 213-2. At the call of the trial list, counsel for all parties shall indicate that discovery has been completed, that Alternative Dispute Resolution options have been considered and, if agreed to, have been completed or will be completed so as not to delay trial, and that the case is otherwise ready for trial in all respects. Any case not ready for trial in all respects shall, at the option of the court, be placed at the foot of the list or stricken from it. Adopted August 21, 1980, effective August 21, 1980. Amended April 1, 1995, effective April 30, 1995. Amended February 5, 2010, effective July 1, 2010. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, on (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the • R , Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal BY THE COURT, Kevin. . Hess, P.J. N _a C C? 6TI ?T; Z_? M ? rnS! cJ1 z -? c? N IN RE: LOCAL RULE 1302-5 AND NOW, this 3'4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM cn 1 96-1335 CIVIL , ORDER --- ? - -a day of January, 2011, effective this date or thirty (30) days after 4 publication in the Pennsylvania Bulletin, Rule 1302-5 of the Cumberland County Rules is amended to read as follows: Rule 1302-5. Unless otherwise ordered by the court, following the filing of the award, the Chairman of the Board of Arbitrators shall be paid the sum of $130.00. Other members of the Board shall be paid the sum of $110.00. In the event that the appointment of the Board is vacated, the Chairman shall be entitled to an administrative fee as ordered by the Court. Note: Formerly Local Rule 407. Adopted May 15, 1981, effective May 15, 1981, amended April 17, 1984, effective June 4, 1984. Amended May 13, 1988, effective June 1, 1988, Amended January 2, 1991, effective February 1, 1991. Amended January 3, 2011, effective January 3, 2011. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, --,x,/. `/ Kevin ess, P.J. IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 1028(c)(5) CUMBERLAND COUNTY PENNSYLVANIA r , . -j CIVIL TERM C- -,; 'W M - = --i M CtiF "' i Olt 70C7 ) 96-1335 CIVIL 1 . ORDER= =a AND NOW, this 6 h day of January, 2011, effective this date or thirty (30) days after publication in the Pennsylvania Bulletin, Rule 1028(c)(5) of the Cumberland County Rules of Procedure is amended to read as follows: (5) A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Court Administrator before argument. A brief may not be filed with the Court Administrator until the matter has been listed for argument. The party seeking the order shall furnish these briefs and serve a copy of the brief upon opposing counsel or any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days before the date set for argument. Argument may be denied to any party who fails to comply with the filing requirements of this paragraph. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, A 4L Kevin. Hess, P.J. IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 1028(c)(5) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM 96-1335 CIVIL ORDER OF COURT AND NOW, this 26th day of January, 2011, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective upon publication on the Administrative Office of Pennsylvania Courts website, Rule 1028(c)(5) of the Cumberland County Rules of Procedure is amended to read as follows: (5) A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Court Administrator before argument. A brief may not be filed with the Court Administrator until the matter has been listed for argument. The party seeking the order shall furnish these briefs and serve a copy of the brief upon opposing counsel or any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days before the date set for argument. Argument may be denied to any party who fails to comply with the filing requirements of this paragraph. C.') ® _ r° Z0 4- job rn x Z -0 = er 3 p r -! 'j Pursuant to Pa. R.C.P. 239.8, the Court Administrator is directed to forward one (1) copy to the Supreme Court Civil Procedural Rules Committee. &H A'miw sh rs 4-f ivered hari do 11 Dtb By the Court, A. Hess, P.J. 7evin IN RE: IN THE COURT OF COMMON PLEAS 01?3 LOCAL RULE 1028(c)(5) CUMBERLAND COUNTY, PENNSYLVA -? _ rn __. ter- ?rsr? CIVIL TERM ?" 96-1335 CIVIL'' ORDER - + -- AND NOW, this _77' day of July, 2011, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective upon publication on the Administrative Office of Pennsylvania Courts website. Rule 1028(c)(5) of the Cumberland County Rules of Procedure is amended to read as follows: Rule 1028(c)(5): A brief with two copies, containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Court Administrator before argument. A brief may not be filed with the Court Administrator until the matter has been listed for argument. The party seeking the order shall furnish the briefs and serve a copy of the brief upon opposing counsel or any unrepresented party fourteen (14) days before the date set for argument. The responding party shall furnish briefs in a similar manner seven (7) days before the date set for argument. Argument may be denied to any party who fails to comply with the filing requirements of this paragraph. If the party seeking the order has not filed a timely brief in accordance with this rule, the Court may deny the relief sought on that basis alone. Pursuant to Pa.R.C.P. 239.8, the Court Administrator is directed to forward one (1) copy to the Supreme Court Civil Procedural Rules Committee. BY THE COURT, .? 1-?7 Ilak Kevin . ess, P.J. . 1 . . IN RE: IN THE COURT OF COMMON PLEAS OF LOCAL RULE 1302-5 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM : 96-1335 CIVIL ORDER AND NOW, this 2°d day of February, 2012, effective this date or thirty (30) days after publication in the Pennsylvania Bulletin, Rule 1302-5 of the Cumberland County Rules is amended to read as follows: Rule 1302-5. Unless otherwise ordered by the court, following the filing of the award, the Chairman of the Board of Arbitrators shall be paid the sum of $160.50. Other members of the Board shall be paid the sum of $128.00. In the event that the appointment of the Board is vacated, the Chairman shall be entitled to an administrative fee as ordered by the Court. Note: Formerly Local Rule 407. Adopted May 15, 1981, effective May 15, 1981, amended April Amended May 13, 1988, effective June 1, 1988, Amended January 2, 1991, effective February 1, 1991. Amended January 3, 2011, effective January 3, 2011. Amended February 2, 2012, effective February 17, 1984, effective June 4, 1984. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, Kevin V. Hess, P.J. d le WOL-L A ?--? ; 0.Pie5 C? T"' U') .... °r . ?3 DA a w ?_ X7, G rn ca IN RE: IN THE COURT OF COMMON PLEAS OF cr, firl lot LOCAL RULE 500 CUMBERLAND COUNTY, PENNSYLVAI ?' = 4 CIVIL TERM 96-1335 CIVIL -- ORDER AND NOW, this /Z ,day of March, 2012, and effective April 1, 2012, or thirty (30) days after publication in the Pennsylvania Bulletin, Cumberland County Rule of Procedure 500 is amended to read as follows: Rule 500. The Prothonotary shall provide and maintain in the public room of his office a bulletin board upon which notices, the posting of which is required by the Rules of Court, may be posted. The Prothonotary shall make all matters or documents required or authorized, except juvenile cases and other non-public files, from August 2001 forward available on the Prothonotary's website for public access. The Prothonotary shall provide access to the public to search these records by docket number or by name of the plaintiff or defendant. The Prothonotary shall provide access to certain non-public files, specifically Cumberland County family law actions exclusive of Protection from Abuse Actions from August 2001 forward, by use of a password login, to certain subscribing Pennsylvania licensed attorneys. Note: For the purpose of internet access, non-public files shall include divorce, custody, and protection from abuse cases filed after the effective date of this rule. Adopted September 21, 1953, effective January 1, 1954. Amended June 21, 2010, effective June 21, 2010. Amended March 12, 2012, effective April 1, 2012. Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, .140,04 Kevin ,?Y'Hess, P.J. IN RE: LOCAL RULE 205.4 f'7 -0 rn co cn^GZ- IN THE COURT OF COMMON PLEAS OF <a CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL TERM : NO. 96-1335 CIVIL g, CD (.3" ORDER AND NOW, this 30th day of October, 2014, and effective December 1, 2014, or thirty (30) days after publication in the Pennsylvania Bulletin, the Cumberland County Local Rules of Court are amended as follows: RULE 205.4 Electronic Filing and Service of Legal Papers Filed in the Civil Trial Division (a)(1) The Cumberland County Court of Common Pleas does hereby permit electronic filing of all legal papers with the Prothonotary through its Electronic Filing System, as well as the electronic service of such papers, under terms more specifically provided in Pennsylvania Rule of Civil Procedure 205.4 and Cumberland County Rule of Procedure 205.4. The Prothonotary's Office will provide the necessary technical assistance to those parties who lack the capability to file legal papers electronically. (2) As used in this rule, the following words shall have the following meanings: "electronic filing" shall be the electronic transmission of legal papers by means other than facsimile transmission; "filing party" shall be an attorney, party or other person who files a legal paper by means of electronic filing; and "legal paper" shall be a pleading or other paper filed with the Prothonotary in any civil action, including attachments and exhibits, even if the legal papers are not adversarial in nature or do not require a response from the non -filing party or parties. (b) Legal papers shall be presented for filing in a portable document format ("PDF"). As authorized by Pa.R.C.P. 205.4 (b)(1), in the event a legal paper is presented for filing in a hard -copy format or an electronic format other than a PDF, the Prothonotary shall convert said legal paper into a PDF and shall maintain it in that format. The Prothonotary shall return the hard -copy legal paper to the filing party for retention as required by Pa.R.C.P. 205.4(b)(4). (c)(1) The Prothonotary shall provide access to its Electronic Filing System at all times, except during periods of required maintenance. (2) All legal papers shall be filed electronically through the Electronic Filing System, which will be accessible through the Cumberland County website, www.ccpa.net/prothonotary. To obtain access to the Electronic Filing System, counsel or any unrepresented party must first register with the Prothonotary's Office for a User Name and Password. (3) The time and date of filing a legal paper and any receipt of the legal paper filed electronically shall be that registered by the Electronic Filing System. The Prothonotary shall provide, through the Electronic Filing System's website, an acknowledgement that the legal paper has been received, including the date and time of receipt, in a form which can be printed for retention by the filing party. (d) A filing party shall pay the cost of the electronic filing of a legal paper by approved credit or debit card, or by advance deposit of sufficient funds with the Prothonotary. The following cards have been approved for payment of the electronic filing: American Express, Discover, MasterCard and Visa. (e)(1) A filing party shall be responsible for any delay, disruption, interruption of the electronic signals and legibility of the document electronically filed, except when caused by the failure of the Electronic Filing System's website. (2) No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the Prothonotary or the Electronic Filing System based upon a requirement of a local rule or local administrative procedure or practice pertaining to the electronic filing of legal papers. (3) If a pleading or other legal paper is not accepted upon presentation for filing or is refused for filing by the Electronic Filing System, the Prothonotary by email, or the Electronic Filing System, as may be appropriate, shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor. (4)(i) The Court upon motion shall resolve any dispute arising under paragraphs (1) and (2) of this subdivision. (ii) If a party makes a good faith effort to electronically file a legal paper but it is not received, accepted or filed by the Electronic Filing System, the Court may order that the paper be accepted and filed nunc pro tunc upon a showing that reasonable efforts were made to timely present and file the paper. (f) As authorized by Pa.R.C.P. 205.4(0, the following administrative procedures are adopted: (1) The electronic filing of legal papers using an authorized User Name and Password shall constitute the filing party's signature on electronic documents as provided by Pa.R.C.P. 1023.1 and, if the filing party is an attorney, shall constitute a certification of authorization to file it as provided in Pa.R.C.P. 205.1. (2) Verification of pleadings, as required by Pa.R.C.P. 206.3 and 1024, as well as any other documents executed by the client or third parties, such as Affidavits or Certificates of Service, shall be scanned and attached to the electronic filing in a PDF at the time the legal paper is submitted for electronic filing. (3) Personal Identifiers in civil matters, such as Social Security numbers, dates of birth, financial account numbers and names of minor children, shall be modified or partially redacted in all documents electronically filed in the office. When necessary, the Prothonotary shall obtain a hard copy of the unredacted information and maintain such information in a closed folder for inspection by the Court; such unredacted information shall not be made available on the Electronic Case Filing System. (4) The Prothonotary is authorized to refuse for filing a legal paper submitted without the requisite filing fee; such legal paper shall only be deemed to have been filed on the date that said filing fee payment was received by the Prothonotary. (5) Neither the Court nor the Prothonotary shall be required to maintain a hard copy of any legal paper, notice or Order filed or maintained electronically under this Rule. (g)(1) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served: (i) as provided by Rule 440; or (ii) by electronic transmission, other than facsimile transmission, to all parties who have previously submitted electronic filing in the same case, pursuant to Cumberland County Civil Rule 205.4 and Pa.R.C.P. 205.4(g). (2) Service by electronic transmission is complete when a legal paper is sent: (i) to the recipient's electronic mail address, or (ii) to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system's website. NOTE: Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose e-mail address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system. An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers. (3) Copies of all Notice, Orders or Judgments from the Court in any action shall be served by electronic transmission through the Electronic Filing System to all parties who have previously submitted electronic filings in the same case. In the event that a party or parties have not yet submitted electronic filing in a particular case, then the Prothonotary shall provide notice by facsimile, other electronic means or by forwarding a hard copy to said party or parties. Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT, IN RE: LOCAL RULE 205.4 .• IN THE COURT OF COMMON PLEAS OF • . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM cn r- . NO. 96-1335 CIVIL r-7: AMENDED ORDER r, r AND NOW, this 15th day of December, 2014, effective upon publication on the UJS rta1'the Cumberland County Local Rules of Court are amended as follows: RULE 205.4 Electronic Filing and Service of Legal Papers Filed in the Civil Trial Division (a)(1) The Cumberland County Court of Common Pleas does hereby permit electronic filing of all legal papers with the Prothonotary through its Electronic Filing System, as well as the electronic service of such papers, under terms more specifically provided in Pennsylvania Rule of Civil Procedure 205.4 and Cumberland County Rule of Procedure 205.4. The Prothonotary's Office will provide the necessary technical assistance to those parties who lack the capability to file legal papers electronically. (2) As used in this rule, the following words shall have the following meanings: "electronic filing" shall be the electronic transmission of legal papers by means other than facsimile transmission; "filing party" shall be an attorney, party or other person who files a legal paper by means of electronic filing; and "legal paper" shall be a pleading or other paper filed with the Prothonotary in any civil action, including attachments and exhibits, even if the legal papers are not adversarial in nature or do not require a response from the non -filing party or parties. (b) Legal papers shall be presented for filing in a portable document format ("PDF"). As authorized by Pa.R.C.P. 205.4 (b)(1), in the event a legal paper is presented for filing in a hard -copy format or an electronic format other than a PDF, the Prothonotary shall convert said legal paper into a PDF and shall maintain it in that format. The Prothonotary shall return the hard -copy legal paper to the filing party for retention as required by Pa.R.C.P. 205.4(b)(4). (c)(1) The Prothonotary shall provide access to its Electronic Filing System at all times, except during periods of required maintenance. (2) All legal papers shall be filed electronically through the Electronic Filing System, which will be accessible through the Cumberland County website, www.ccpa.net/prothonotary. To obtain access to the Electronic Filing System, counsel or any unrepresented party must first register with the Prothonotary's Office for a User Name and Password. (3) The time and date of filing a legal paper and any receipt of the legal paper filed electronically shall be that registered by the Electronic Filing System. The Prothonotary shall provide, through the Electronic Filing System's website, an acknowledgement that the legal paper has been received, including the date and time of receipt, in a form which can be printed for retention by the filing party. (d) A filing party shall pay the cost of the electronic filing of a legal paper by approved credit or debit card, or by advance deposit of sufficient funds with the Prothonotary. The following cards have been approved for payment of the electronic filing: American Express, Discover, MasterCard and Visa. (e)(1) A filing party shall be responsible for any delay, disruption, interruption of the electronic signals and legibility of the document electronically filed, except when caused by the failure of the Electronic Filing System's website. (2) No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the Prothonotary or the Electronic Filing System based upon a requirement of a local rule or local administrative procedure or practice pertaining to the electronic filing of legal papers. (3) If a pleading or other legal paper is not accepted upon presentation for filing or is refused for filing by the Electronic Filing System, the Prothonotary by email, or the Electronic Filing System, as may be appropriate, shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor. (4)(i) The Court upon motion shall resolve any dispute arising under paragraphs (1) and (2) of this subdivision. (ii) If a party makes a good faith effort to electronically file a legal paper but it is not received, accepted or filed by the Electronic Filing System, the Court may order that the paper be accepted and filed nunc pro tunc upon a showing that reasonable efforts were made to timely present and file the paper. (0 As authorized by Pa.R.C.P. 205.4(0, the following administrative procedures are adopted: (1) The electronic filing of legal papers using an authorized User Name and Password'shall constitute the filing party's signature on electronic documents as provided by Pa.R.C.P. 1023.1 and, if the filing party is an attorney, shall constitute a certification of authorization to file it as provided in Pa.R.C.P. 205.1. (2) Verification of pleadings, as required by Pa.R.C.P. 206.3 and 1024, as well as any other documents executed by the client or third parties, such as Affidavits or Certificates of Service, shall be scanned and attached to the electronic filing in a PDF at the time the legal paper is submitted for electronic filing. (3) Personal Identifiers in civil matters, such as Social Security numbers, dates of birth, financial account numbers and names of minor children, shall be modified or partially redacted in all documents electronically filed in the office. When necessary, the Prothonotary shall obtain a hard copy of the unredacted information and maintain such information in a closed folder for inspection by the Court; such unredacted information shall not be made available on the Electronic Case Filing System. (4) The Prothonotary is authorized to refuse for filing a legal paper submitted without the requisite filing fee; such legal paper shall only be deemed to have been filed on the date that said filing fee payment was received by the Prothonotary. (5) Neither the Court nor the Prothonotary shall be required to maintain a hard copy of any legal paper, notice or Order filed or maintained electronically under this Rule. (g)(1) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served: (i) as provided by Rule 440; or (ii) by electronic transmission, other than facsimile transmission, to all parties who have previously submitted electronic filing in the same case, pursuant to Cumberland County Civil Rule 205.4 and Pa.R.C.P. 205.4(g). (2) Service by electronic transmission is complete when a legal paper is sent: (i) to the recipient's electronic mail address, or (ii) to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system's website. NOTE: Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose e-mail address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system. An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers. (3) Copies of all Notice, Orders or Judgments from the Court in any action shall be served by electronic transmission through the Electronic Filing System to all parties who have previously submitted electronic filings in the same case. In the event that a party or parties have not yet submitted electronic fling in a particular case, then the Prothonotary shall provide notice by facsimile, other electronic means or by forwarding a hard copy to said party or parties. The Court Administrator is directed to forward one (1) certified copy of this order to the Administrative Office of Pennsylvania Courts, one (1) copy to the Supreme Court Civil Procedural Rules Committee, and one (1) copy to the Cumberland Law Journal. BY THE COURT,