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HomeMy WebLinkAbout39-1901 Termination of Inactive Cases Common Pleas 20241 39th Jud. Dist. R. Jud. Adm. 1901. Termination of Inactive Cases. (a) List of C ases for Termination. Not less than once per year, the Prothonotary shall prepare a list of cases where there has been no activity of record for two years or more prior thereto, except those actions governed by Pa. R.C.P. 1915.4(b). The list shall be generated sufficiently in advance of the proposed termination date to provide the parties with at least thirty (30) days' written notice of the proposed termination. (b) Issuance and Service of Notice of Proposed Termination of Court Case. For each case on the list, the Court shall issue a written Notice of Proposed Termination of Court Case to counsel of record and to self- represented parties for whom no appearance of counsel has been entered. The Notice of Proposed Termination of Court Case shall be served pursuant to Pa. R.C.P. 230.2(b)(2). (c) Content of Notice of Proposed Termination of Court Case. The Notice of Proposed Termination of Court Case shall be on a form developed by the Court consistent with Pa. R.J.A. 1901(c)(3). The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination consistent with Pa. R.J.A. 1901(c)(1). The Notice shall be in the form following the conclusion of this Rule. (d) Form of Written Statement of Inte ntion to Proceed. The written Statement of Intention to Proceed shall be filed with the Prothonotary on or before the termination deadline stated on the Notice of Proposed Termination of Court Case. The Written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule. (e) Orders for Termination and Removal from the Civil Docket. If a written Statement of Intention to Proceed is not docketed before the termination deadline set forth within the written Notice of Proposed Termination of Court Case, the Prothonotary shall enter an order dismissing the matter for failure to prosecute consistent with the provisions of this Rule and Pa. R.C.P. 230.2(c). However, any matter terminated may be reinstated by the Court after dismissal upon written petition pursuant to Pa. R.C.P. 230.2(d). The Prothonotary’s 2 termination order shall be in form following the conclusion of this Rule. (f) Mandatory Status Conference. Upon receipt of a party’s written Statement of Intention to Proceed pursuant to subdivision (d), the Court shall enter an Order scheduling a status conference to establish timelines to ensure efficient disposition of the case, consistent with Pa. R.C.P. 230.2(h). 3 THE COURT OF COMMON PLEAS OF THE 39 th JUDICIAL DISTRICT OF PENNSYLVANIA – FRANKLIN COUNTY (Caption) NOTICE OF PROPOSED TERMINATION OF COURT CASE The above captioned case is described as __________________________. The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Franklin County Prothonotary at 14 N. Main St., Chambersburg, PA 17201, on or before __________________________ (Date of Proposed Termination). IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE. BY THE COURT: ___________________ ____________________________________ Date of this Notice President Judge Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 4 THE COURT OF COMMON PLEAS OF THE 39 th JUDICIAL DISTRICT OF PENNSYLVANIA – FULTON COUNTY (Caption) NOTICE OF PROPOSED TERMINATION OF COURT CASE The above captioned case is described as ___________________________. The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Fulton County Prothonotary at 201 North Second Street, McConnellsburg, PA 17233, on or before __________________________ (Date of Proposed Termination). IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE. BY THE COURT: _______________________ ___________________________________ Date of this Notice President Judge Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 5 THE COURT OF COMMON PLEAS OF THE 39 th JUDICIAL DISTRICT OF PENNSYLVANIA – FRANKLIN COUNTY (Caption) Statement of Intention to Proceed To the Court: Franklin County Prothonotary 14 N. Main St. Chambersburg, PA 17201 ___________________________intends to proceed with the above captioned matter. Date:_____________________ ____________________________________ Party Signature or Attorney for ____________________________________ Distribution: Opposing Counsel/Party 6 THE COURT OF COMMON PLEAS OF THE 39 th JUDICIAL DISTRICT OF PENNSYLVANIA – FULTON COUNTY (Caption) Statement of Intention to Proceed To the Court: Fulton County Prothonotary 201 North Second Street McConnellsburg, PA 17233 ___________________________intends to proceed with the above captioned matter. Date:____________________ _________________________________ Party Signature or Attorney for ____________________________________ Distribution: Opposing Counsel/Party 7 THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA – FRANKLIN COUNTY (Caption) ORDER AND NOW THIS _____ day of _____________, 20_____, upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Court received no Statement of Intention to Proceed. Accordingly, IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa. R.C.P. 230.2(c). Pursuant to Pa. R.C.P. 236, the Prothonotary shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof. PER THE PROTHONOTARY: ___________________________________ Franklin County Prothonotary 14 N. Main St. Chambersburg, PA 17201 Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 8 THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA – FULTON COUNTY (Caption) ORDER AND NOW THIS _____ day of _____________, 20_____, upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Court received no Statement of Intention to Proceed. Accordingly, IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa. R.C.P. 230.2(c). Pursuant to Pa. R.C.P. 236, the Prothonotary shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof. PER THE PROTHONOTARY: ___________________________________ Fulton County Prothonotary 201 North Second Street McConnellsburg, PA 17233 Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 9 This space left blank intentionally. ______________________________________________________________________________ Adopted by Order of Court, February 26, 2024 Published in the Pennsylvania Bulletin, 54 Pa.B. 1307, Pa.B. Doc. No. 24-331, March 16, 2024