Rule 206.4(c) - Rule to Show Cause(1) A petition seeking only the issuance of a rule to show cause shall be filed with the Prothonotary. Thereafter, the Prothonotary shall immediately transmit the petition to the Court Administrator. No advance notice of the filing need be given to any party.(2) A rule to show cause shall be issued by the Court as of course upon petition, pursuant to Pa.R.C.P. No. 206.6. The rule shall direct that an answer be filed to the petition within twenty (20) days after service of the petition on the respondent. The Court may, in appropriate circumstances, direct that an answer be filed within a shorter period of time, or dispense with the necessity of filing an answer altogether.(3) Every petition shall have attached to it a proposed order substantially in the form prescribed below, providing for an evidentiary hearing. The Court on its own motion or upon request of a party may require a case to be submitted on the basis of depositions and oral argument instead of an evidentiary hearing. [CAPTION]
ORDER
AND NOW, this ________ day of ____________ , 2 _____ , 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 an answer to the petition within twenty (20) days of service upon respondent;3) the petition shall be decided under Pa.R.C.P. No. 206.7;4) an evidentiary hearing on disputed issues of material fact shall be held on (day of week) , _____________ , 2 _____ , at _______ .M. in Courtroom No. ____ of the Armstrong County Courthouse in Kittanning, Pennsylvania; 5) notice of the entry of this Order shall be provided to all parties by the Prothonotary. BY THE COURT,
_______________________________ J.
Armst. Cnty. Pa. 206.4(c)
Adopted April 25, 2005, effective 8/10/2005.Comment
A request for a stay of execution pending disposition of a petition to open a default judgment falls within the definition of a "motion." See L.R.C.P. No. 208.1.
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