Frank. Cnty. Pa. 39-206.4(c)

As amended through October 30, 2020

Rule 39-206.4(c) - Petition with Issuance of to Show Cause

(1) Rules to show cause shall be issued at the discretion of the Court pursuant to the procedure set forth in Pa. R.C.P. 206.5. The petition for the rule to show cause may be filed, delivered or mailed to the Prothonotary as set forth in Pa. R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator. In the alternative, a petition for a rule to show cause may be presented to the court at any open session, or to the assigned judge's law clerk or to the assigned judge in chambers at such time as the court may set.

(2) The procedure after issuance of the rule to show cause shall be as set forth in Pa. R.C.P. 206.7. If hearing or argument is ordered by the court the case shall be listed, briefed and decided as set forth in Local Rule 211et seq.

(3) The Rule to Show Cause shall be substantially in the following form:

RULE TO SHOW CAUSE

AND NOW, this __ day of ________________, 20 ___, upon consideration of the foregoing petition, it is hereby ordered that

1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

2. The respondent shall file a verified Answer to the Petition within days of service upon the respondent;

3. The Petition shall be decided under Pa.R.C.P. No. 206.7;

4. Depositions shall be completed within days of service upon petitioner of the Answer;

5. Hearing and/or argument, if any, shall be held on_______, _________, 20 _______, at o'clock ___.m. in the assigned Courtroom of the Franklin/ Fulton County Courthouse, Chambersburg/ McConnellsburg, PA;

6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any party; and

7. Notice of entry of this order shall be provided to all parties by the petitioner.

8. In the case of Preliminary Objections [Local Rule 1028(a)] , Motions for Judgment on the Pleadings [Local Rule 1034(a)] and Motions for Summary Judgment [Local Rule 1035(a)] , parties shall follow the procedures for disposition set forth in those rules.

By the Court,

Committee Comment:

No applications are designated as "petitions" other than applications to open a default judgment or a judgment of non pros as required by Pa. R.C.P. 206.1(a)(1). The issuance of a rule to show cause shall be discretionary with the court as provided in Pa. R.C.P. 206.5. A petitioner seeking the issuance of a rule to show cause shall attach to the petition a Rule in the form designated by this rule and a proposed order granting the relief sought. Under Pa. R.C.P. 206.7, the issue raised in the petition may be decided without the necessity of argument. However, if the court orders argument on the petition, the matter shall be listed for argument, briefed and decided pursuant to Local Rule 211, et seq.

Frank. Cnty. Pa. 39-206.4(c)

Adopted by Order of Court dated February 7, 2001; Published in the Pennsylvania Bulletin, Vol. 31, No. 8, 2/24/2001; Amended by Order of Court dated January 27, 2005; Published at 35 Pa. Bull. 1334 2/19/2005; Adopted by Order of Court dated October 29, 2010; Published in the Pennsylvania Bulletin, Vol. 40, Page 6643, 11/20/2010.