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
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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).
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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
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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
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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
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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
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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
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______________________________________________________________________________
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