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PA Bulletin, Doc. No. 10-548



In Re: Consolidated Rules of Court; No. 11 Miscellaneous 2010

[40 Pa.B. 1632]
[Saturday, March 27, 2010]

Adopting Order

Now, this 12th day of March, 2010, it is hereby Ordered:

 1. The following designated Somerset County Rule of Civil Procedure 2056 (Som.R.C.P. 2056) Procedure When Incapacity of a Party is Ascertained by Magisterial District Judge, a copy of which is attached hereto, is hereby adopted as a Rule of this Court effective thirty (30) days after publication in the Pennsylvania Bulletin:

 The Somerset County Court Administrator is directed to:

 A. File seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.

 B. Distribute two (2) certified copies of this Order and the attached Rule, along with a diskette or CD-ROM, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 C. File one (1) certified copy of this Order and the attached Rule with the Pennsylvania Civil Procedural Rules Committee.

 D. File proof of compliance with this Order in the docket for this Rule, which shall include a copy of each transmittal letter.

By the Court

President Judge

Som.R.C.P. 2056.

Rule 2056. Procedure When Incapacity of a Party is Ascertained by Magisterial District Judge.

 If, at any time during the pendency of the action, a Magisterial District Judge finds that a party is an incapacitated person, who is not represented by a guardian or a guardian ad litem the Judge shall stay the proceedings and refer the matter to the Administrative Judge of the Civil Division Court of Common Pleas for action pursuant to Pa.R.C.P. 2056.

[Pa.B. Doc. No. 10-548. Filed for public inspection March 26, 2010, 9:00 a.m.]

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