Armstrong Cnty. C.P. Rules of Civil Procedure Rule 206.4(c)

(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.

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.

Adopted April 25, 2005, effective August 10, 2005.