Delaware County Court of Common Pleas Local Rules of CIVIL

Delaware County

Court of Common Pleas

Local Rules of

CIVIL PROCEDURE

Rule *27

-

Zoning and Other Local Administrative Appeals

1.

Zoning Appeals

(a)

Whenever a zoning hearing board or the governing body of a municipality is required under the Pennsylvania

Municipalities Planning Code to certify its record to the court in response to a writ of certiorari in a zoning

appeal case, said record shall contain a copy of the entire zoning ordinance, building code or other ordinance,

with the relevant portions indicated therein, and a copy of the zoning map of the municipality. After the zoning

hearing board or the governing body of the municipality has made its return, the appeal shall be at issue and

any party may certify the appeal ready for hearing by filing a certificate of readiness pursuant to Rule *241(b).

(b)

When the court deems it necessary it may remand the case to the zoning hearing board for the taking of

additional testimony and the filing of a supplemental or additional opinion. Unless specifically relinquished,

jurisdiction shall be retained by the court. In cases where jurisdiction is relinquished, the procedure on appeal

shall be as prescribed for the original appeal.

(c)

Briefs shall be filed as the court shall direct. After argument or upon briefs submitted, or upon failure to submit

b

riefs, the court shall enter such final decision as may be appropriate.

(d)

Appeals from decisions of a zoning hearing board or a governing body of a municipality shall be heard by the

court upon the record. No questions shall be heard or considered by the court which were not raised at the

hearing before the zoning hearing board or the governing body of the municipality , except:

(1) Questions involving the validity of a statute or the procedure before the zoning hearing board or

the governing body of the municipality;

(2) Questions involving the jurisdiction of the zoning hearing board or the governing body of the

municipality over the subject matter;

(3) Questions involving the timeliness of the decision rendered by the zoning hearing board or the

governing body of the municipality;

(4) Questions which the court is satisfied that the appellant could not, by the exercise of due diligence,

have raised before the zoning hearing board or the governing body of the municipality at the time

of the hearing. If, upon argument, the court is satisfied that any such additional questions shoul

d

be

raised, further testimony shall be obtained as provided in section (b) hereof.

2.

Other Administrative Appeals

All administrative agency appeals other than zoning appeals shall be heard by the court de novo. After the

administrative officer of the municipality or hearing agency has made its return, whether or not additional evidence is

required, the case shall be placed upon the appropriate list. Briefs shall be filed as the court shall direct.

Comment:

In any appeal from the decision of the governing body of a municipality brought pursuant to section 1004 or 1005

of the Pennsylvania Municipalities Planning Code (53 P.S. §11044 and 11005) challenging the validity of a municipal ordinance

or map or any provision thereof, the court will follow the procedure detailed in section 1010 of the Pennsylvania Municipalitie

s

P

lanning Code (53 P.S. §11044) and receive such additional evidence as may be required, or may refer the case to a referee.

R

ule *29

-

Appeals from Denial of Driver's License or Suspension, of Operating Privilege (75 Pa. C.S.A.§ 1550)

(a)

Petitions appealing from the denial of a driver's license or the cancellation, suspension, recall or revocation

of one

's operating privilege shall have a face sheet in the form of a notice for the Court Administrator's use

in setting the hearing date.

Petitions appealing a suspension imposed pursuant to 75 Pa. C.S.A. §1547(b)(refusal to submit to

chemical testing after arrest) must identify the municipality in Delaware County where petitioner's arrest

for driving under the influence of alcohol and/or controlled substance took place.

(b)

All such petitions and orders shall first be filed with the Office of Judicial Support to be time-stamped and

a

ssigned a number.

(c)

The petitioner shall promptly deliver a conformed copy of the petition to the Court Administrator to obtain

a hearing date.

(d)

Requests for continuance shall be governed by the provisions of Rule *208.3(a).

Comment: Adopted March 29, 1990, Effective April 30, 1990; further amended October 25, 1990. Sections (a) and

(c

) a

mended November 17 1998. Section (d) amended January 28

th

, 2016 effective upon publication in the

UJS portal.

Rule *30 - Appeals from Real Estate Assessment

(a)

Except as may otherwise be herein provided, the procedure on appeals from real estate assessment shall be

governed by the provisions of Rule* 206.l(a).

Comment:

Subsection (a) amended January 28, 2016, effective upon publication in the UJS Portal.

(b)

All such appeals shall be by petition which shall be filed with the Office of Judicial Support to be time-

stamped and assigned a number. A separate petition shall be filed for each separately assessed property.

(c)

The petitioner shall file with the petition a certification that service in conformity with Pa.R.C.P. 440 has

been made upon the Board of Assessment Appeal of Delaware County and all taxing districts or property

owners affected by the appeal. A copy of this certification shall also be filed with the Court Administrator.

(d)

Respondent shall have twenty (20) days within which to answer the petition or enter an appearance. The

entry of an appearance shall be deemed to constitute an answer denying the substantive averments in the

petition challenging the propriety of the assessment. Failure to answer or appear within the prescribed time

may result in a forfeiture of the right to oppose the appeal.

(e)

The 206.l(a)(c)(i) notice shall in a separate paragraph state the amount petitioner contends to be the

fair market value of the property.

Comment:

Subsection (e) amended January 28, 2016 effective upon publication in the UJS Portal.

(f)

Where the amount in controversy is not in excess of Fifty Thousand Dollars ($50,000.00), the appeal shall

be arbitrated in accordance with the provisions of Rule *130l(f) and an arbiti·ation date will be assigned at

the call of the tax assessment appeal list. Amount in controversy shall be deemed to be the difference

between the assessment amount claimed by the opposing parties multiplied by the applicable common

level ratio. All other appeals will receive judicial assignment at the call of the tax assessment appeal list

and shall thereafter be processed pursuant to Rule *206. l(a)(2).

Comment:

Subsection (f) amended January 23, 1998. Amended January 28, 2016 effective upon

publication on the UJS Portal

(g)

In appeals involving income-producing property the appellant must provide to all parties, within sixty (60)

days from the date the appeal was filed, the following information:

(1)

Income and expense statements for three (3) years immediately prior to the year in which the

appeal was filed.

(2)

A complete and current rent roll, to include a list of all tenants and their annual rent, the term of each

lease (including any extension or renewal options), any special provisions and a sample lease.

(h)

All parties shall exchange appraisal reports within one hundred twenty (120) days from the date the appeal

was filed.

(i)

Petitioner's failure to comply with sections (e), (g) or

(h),

in the absence of good cause, will result in the

dismissal of the appeal. Respondent's failure to comply with paragraph (h), in the absence of good cause,

will result in the grant of appropriate summary relief to appellant.

J) The caption of any such appeal shall include, in addition to that which is otherwise required, the names and

addresses of all record owners, the address of the property in question, the municipal subdivision wherein the

property is located, and the tax folio number or numbers.

Comment: Adopted March 29, 1990, effective April 30, 1990. Amended July 22, 1992, April 26, 1994 and

February 7, 1995 Subsection (f) amended January 23, 1998.

Rule *34.

Termination of Inactive Cases

Annually, all cases in which the dockets of the Office of Judicial Support indicate that

there has been no activity for two years or more, and where no active status certificate has

been filed, shall be marked “Terminated under Pa.R.J.A. 1901”. Any case so terminated

shall not be reinstated except upon application to the court and for cause shown. Prior to

the termination of any case under this Rule, notice shall be given pursuant to Pa.R.J.A.

1901(c).

Rule *76

-

Definitions

Attorney of record. See the definition in Pa.R.C.P. 76.

Party shall mean a litigant's attorney of record or an unrepresented litigant.

Plaintiff or Defendant shall mean a party's attorney of record or the party where the litigant is unrepresented.

Comment: Amended April 6, 1993, effective June 1, 1993; further amended December 4, 1997

Rule *107

–

Automation Program for Case Management.

The District Attorney’s Office and the Office of the Public Defender have adopted an automation

program for case management which will create and track subpoenas. Subpoenas which contain an

electronic signature of the Director of the Office of Judicial Support and blue ink seal shall have the

same force and effect as subpoenas containing an original ink signature and pressed seal.

Comment:

Adopted June 18, 2002, effective 30 days after publication in the Pennsylvania Bulletin.

Local Rule 117. – Monetary Bail Acceptance at Correction Facility.

1.

Magisterial District Judges shall provide continuous coverage for issuance of search

warrants pursuant to Pa. R. Crim. P 203, arrest warrants pursuant to Pa. R. Crim. P. 513

and for the acceptance of deposits of bail.

2.

Magisterial District Judges shall also provide coverage to conduct preliminary arraignments,

conduct summary trials or set collateral in summary case following arrest with a warrant issued

pursuant to Pa. R. Crim. P 430(A), set bail whenever an out-of-county warrant of arrest is executed

within the Judicial District accept complaints and provide such other services as may be required

by Pa. R. Crim. P. 117 (A) (2) (a), (b), (c) and (d).

3.

In order to provide after hours coverage for the services set forth in paragraphs 1 and 2,

Magisterial District Judges shall rotate evenings, weekends and holidays according to the

provisions of the previous Orders of this Court establishing the Duty Groups within the Judicial District.

4.

The Duty Magisterial District Judge shall provide after hours coverage in accordance with

the long-standing hearing schedules set forth in the previous Orders of this Court establishing

the Duty Groups within this Judicial District.

5.

The Duty Magisterial District Judge shall be continuously available during his or her regular after

hours coverage for the issuance of search warrants pursuant to Pa. R. Crim. P. 203, arrest warrants

pursuant to Pa. R. Crim P. 513 and to accept deposits of bail as further provided for in paragraph 8

of this Order

6.

In the event a Magisterial District Judge is needed for the issuance of a search or arrest warrant or

other emergency matter when the court is not scheduled for after hours coverage, the Duty

Magisterial District Judge will be contacted as provided for in paragraph 7 of this Order.

7.

The Duty Magisterial District Judge Shall be contacted by either the Delaware County Emergency

Services Center (911), the local law enforcement agency or the Pennsylvania State Constable when

it becomes necessary to hold a preliminary arraignment or summary trial, issue a search warrant or

warrant of arrest, set or accept bail or provide the other services set forth in paragraphs 1 and 2 of

this Order.

8.

All Magisterial District Court offices shall be open for normal business on Monday through Friday

between the hours of 8:30 A.M. to 4:30 P.M. except that Magisterial District Court 32-2-40 shall be

open between the hours of 2:00 P.M. and 10:00 P.M. on Monday through Thursday and between the

hours of 11:00 A.M. and 7:00 P.M. on Friday for the purpose of conducting normal business and to

act as the Duty Court for the Folcroft Duty Group on Monday through Thursday.

9.

Monetary bail may be accepted by the issuing authority between the hours of 8:30 A.M. and 4:30 P.M.

on Monday through Friday, by the Duty Magisterial District Judge during his or her regular after hours

coverage and by the Warden of the George Hill Correctional Facility (or his designee) between the hours

of 8:00 P.M. and 8:30 A.M. daily. If the issuing authority is unavailable to accept deposits of bail due

to illness, vacation, or continuing education, the Magisterial District Judge covering for the issuing

authority may accept the bail.

Comment:

Adopted July 26, 2006, effective 30 days after publication in the Pennsylvania Bulletin

Rule 205.2 – Filing Legal Papers with the Office of Judicial Support (Rescinded)

Comment:

Rule 205.2 was rescinded and renumbered rule 205(a).

Rule *205.2(a)

-

Filing Legal Papers With the Office of Judicial Support

All papers filed with the Office of Judicial Support shall include the following:

1.

The facing page of all pleadings, petitions, and motions, and all other matters filed

in the Office of Judicial Support shall provide a space three (3") inches in height, on

the top right under the docket number for use of The Office of Judicial Support in

affixing the date and time of filing.

2.

Attorneys of record shall indicate their identification number and their

business telephone number on all papers filed with the Office of Judicial

Support.

Comment: Renumbered January 28, 2016. Effective upon publication on the UJS Portal.

Rule *205.2(b)

-

Cover Sheets

A cover sheet is to be completed and attached to the following,

The moving party is to check the appropriate box on the form.

I. Petitions filed pursuant to Rule 206. l(a)

2.

Motions filed pursuant to Rule 208.l

3.

Responses to Motions or Petitions

4.

Motions for Judgment on the Pleadings pursuant to Rule 1034(a)

5.

Summary Judgment Motions pursuant to Rule 1035.2 (a)

6.

Family Law Petitions and Motions pursuant to Rule 206.8

See Cover Sheet for Motions/Petitions Notice below:

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

COVER SHEET- NOTICE OF FILING OF MOTION OR PETITION UNDER

LOCAL RULES OF CIVIL PROCEDURE

Case Caption:

_

NATURE OF MATTER FILED: (please check one)

[ J Petition Pursuant to Rule 206.1 [ ] Response to Petition

Civil Case No.

_

[

J

Motion for Judgment or Pleadings Pursuant to

Rule 1034(a)

[

J

Motion Pursuant to Rule 208. l

[

J

Family Law Petition/Motion

Pursuant to Rule 206.8

[

J

Response to Motion [

J

Summary Judgment Pursuant to 1035.2

A motion or petition was filed in the above captioned matter on the

,which:

day of

_

[

J

Requires you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or

risk the entry of an Order in favor of the Petitioner. Answers must be filed and time stamped by the Office of

Judicial Supp01t by 4:30 PM on the following date

_

[

J

Requires you, Respondent, to appear at a hearing/conference on the

day of

,

at

in Courtroom

, Delaware County Comthouse, Media, Pennsylvania.

At this hearing/conference you must be prepared to present all testimony and/or argument, and must ensure that your

witnesses will be present.

[

J

Was timely answered, thus requiring the scheduling of the following hearing in the above captioned

matter on: ------------------------------------------------------ at 10:00 AM in Courtroom _

You, Petitioner/Movant, are responsible for notifying all interested responding parties of this hearing date at

least ten (10) days prior thereto.

At this hearing, all patties must be prepared to present all testimony and/or argument and must ensure that

their witnesses will be present.

[

J

Qualifies as an Uncontested Motion or Petition, and as such requires neither an answer from the

Respondent nor the scheduling of a hearing in this matter.

[

J

Has been assigned to

Judge-----------------------

FOR OFFICE USE ONLY

Mailing Date:

_

Processed by:

_

7.

Preliminary Objections pursuant to Rule 1028 (c)

See Notice Form for Rule 1028 (c) below

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

CIVIL ACTION- LAW

vs.

Plaintiff

Defendant

No.

_

Civil Action- Law

NOTICE PURSUANT TO RULE 1028(c)

To: PLAINTIFF AND DEFENDANT

The Filing date of the Preliminary Objections of

to

_

Complaint is

_

You are advised that a Reply Memorandum of law must be filed within twenty (20) days of that date, on or by

Attorney of Record or Party

EXPLANATORY COMMENT -2010

On February 5

th

, 2010, the Pennsylvania Supreme Court adopted Pa.R.C.P. 205.5 which requires submission

Statewide of a uniform cover sheet on each new civil filing. In the interest of efficiency, it was decided that the state-mandated

from replace, rather than be filed in addition to, the “Civil Cover sheet and Entry of Appearance Form” formerly required by

Delaware County Local Rule 241(a)

Comment: Amended May 14, 2010, effective immediately. Renumbered and amended January 28

th

, 2016

effective upon publication on the UJS Portal.

Rule *205.4

-

Electronic Filing and Service of Legal Papers (Rescinded)

Comment: Rescinded February 13, 2007

Rule 206 A. - Petitions, Rules, Answers and Motions. (Rescinded)

Comment: Rule 206A was rescinded on June 28, 2004 and adopted as Rule 206.8.

Rule 206B.- Related to Non-Family Matters -----Motion Hearing, and Trial Divisions. (Rescinded)

Comment: Rule 206B was rescinded June 28, 2004

Rule 206.1(a)(c). Petition. Definition. Form. Content.

The following applications are defined as "petitions" and are to be governed by Rule 206.1, et seq.

The following petitions are scheduled for a hearing upon filing

(1) Petition for adjudication of local agency

(2) Petition for appointment of CPA as auditor

(3) Petition for appointment of private police officer

(4) Petition for appointment of a receiver

(5) Petition for approval of bond

(6) Petition to approve increase in municipal tax levy

(7) Petition for attachment of bank accounts

(8) Petition for change of name pursuant to 54 Pa.C.S.A. § 701 et seq.

(9) Petition to change school district election districts

(10) Petition to compromise, settle, or discontinue minor's action pursuant to Pa.R.Civ.P. 2039

(11) Petition to disapprove a private sale by the Tax Claim Bureau

(12) Petition to evict

(13) Petition for expunction

(14) Petition to fix fair market value of real property sold pursuant to Pa.R.Civ.P. 3282

(15)

Petition to issue certificate of title

(16) Petition for judicial review of revocation of firearms license

(17) Petition to levy taxes exceeding 30 mills for general municipal purposes

(18) Petition nunc pro tunc - license suspension appeal

(19) Petition for objection and exception to upset tax sale

(20) Petition for private detective license

(21) Petition for release of property from levy pursuant to Pa.R.Civ.P. 3119

(22) Petition for return of firearms

(23) Petition for sale of school district real estate

(24) Petition to sell real estate at private sale

(25) Petition to set aside tax sale of real estate

(26) Petition to set tax millage for police benefits

(27) Petition to stay tax sale

(28) Petition to strike off nomination petition

(29) Petition for supplemental relief in aid of execution pursuant to Pa.R.Civ.P. 3118

(30) Petition to transfer liquor license

(31) Petition for vehicle registration suspension

The following petitions are referred directly to a Judge.

(32) Petition to direct the Sheriff to relist Sheriffs sale

(33) Petition for emergency relief - stay all proceedings

(34) Petition for emergency relief- stay public sale of real property

(35) Petition for emergency relief - set aside Sheriffs sale

(36) Petition for ex parte writ of seizure

(37) Petition for liquor license appeal

(38) Petition nunc pro tunc - liquor license appeal

(39) Petition to postpone Sheriffs sale

(40) Petition to proceed in forma pauperis

(41) Petition to set aside Sheriffs sale

(42) Petition to stay Sheriffs sale

(43) Petition to stay suspension

(44) Petition for zoning hearing - remand to Hearing Board

The following petitions require an answer within twenty (20) days.

(45) Petition to amend answer

(46) Petition to amend caption

(47) Petition to amend complaint

(48) Petition to amend new matter

(49) Petition to appoint arbitrator

(50) Petition to appoint Board of View pursuant to 56 P.S. §1-504

(51) Petition to approve settlement of wrongful death and survival action

(52) Petition to approve disbursement of funds

(53) Petition to approve settlement

(54) Petition for change of venue

(55) Petition to confirm arbitration award

(56) Petition for confirmation of the sale of real property

(57) Petition for contempt

(58) Petition for counsel fees

(59) Petition for counsel fees and costs

(60) Petition to disburse proceeds of escrow fund

(61) Petition to disqualify attorney from representing client

(62) Petition to disqualify the Board of Judges of Delaware County

(63) Petition to dissolve or terminate supersedeas

(64)

Petition to enforce settlement

(65) Petition for interpleader pursuant to Pa.R.Civ.P. 2302

(66) Petition to intervene pursuant to Pa.R.Civ.P. 2328

(67) Petition to issue order of possession

(68) Petition to issue subpoena

(69) Petition to join additional defendant

(70) Petition for leave to join third party

(71) Petition to mark judgment satisfied

(72) Petition to merge judgments

(73) Petition nunc pro tunc - appeal from district justice judgment

(74) Petition nunc pro tunc - join additional defendant

(75) Petition to open confessed judgment

(76) Petition to open judgment of non pros

(77) Petition to open order to settle, discontinue and end

(78) Petition to open safe deposit box

(79) Petition to open sealed record

(80) Petition to open and/or strike judgment

(81) Petition to pay judgment in installments

(82) Petition to quash appeal and vacate supersedeas

(83) Petition to quash writ to join additional defendant

(84) Petition for reassessment of damages

(85) Petition to reduce order to judgment

(86) Petition to reinstate appeal

(87) Petition to remand to arbitration modify judgment

(88) Petition to remand for clarification of arbitrator's award

(89) Petition to remove satisfaction and reinstate judgment

(90) Petition to return writ of execution

(91) Petition for settlement of survival action

(92) Petition for stay of execution

(93) Petition to stay mortgage foreclosure

(94) Petition to strike appeal

(95) Petition to strike lis pendens

(96) Petition to strike mechanic's lien

(97) Petition to strike non pros

(98) Petition to strike and/or set aside garnishment

(99) Petition to strike writ of certiorari

(100) Petition to substitute party

(101) Petition to take depositions

(102) Petition to take depositions for preparation of pleadings

(103) Petition to transfer to major case status

(104) Petition to vacate arbitration award

(105) Petition to vacate judgment

(106) Petition to vacate, set aside and/or modify arbitrator's award

(107) Petition to vacate and strike off order to settle, discontinue and end

(108) Petition to withdraw appearance

(109) Petition for writ of habeas corpus

(a)

Petitions filed pursuant to Rule 206.1 shall be processed as follows:

(1)

Cases not yet assigned to a judge

(a)

The originals of all petitions shall be filed with the Office of Judicial Support.

(b)

Service shall be contemporaneously made by the moving party in conformity

with Pa.R.C.P. 440, or in the case of petitions that constitute initial process, in

conformity with the Pennsylvania rules of Civil Procedure governing the

manner of service of original process (see Pa.R.C.P. 400ff)

(c)

Each petition shall be accompanied by the following:

i.

A cover sheet pursuant to Rule 205.2(b) clearly indicating the filing date and

advising that an answer to the petition must be filed within twenty (20) days from

that date.

ii.

A certification that service in conformity with Pa.R.C.P. 440 or, in the case of

original process, in conformity with the Pennsylvania Rules of Civil

Procedure governing the service of original process is being

contemporaneously made.

iii.

A form of proposed order fairly encompassing the relief requested.

(d)

Each answer to petitions filed pursuant to this Rule shall be accompanied by the

following:

i. A cover sheet pursuant to Rule 205.2(b) clearly indicating that they are being filed

pursuant to Rule 206.1; and

ii. A form or proposed Order fairly encompassing the relief requested.

(i) On the 21

st

day after filing the Office of Judicial Support shall send the record papers to

the Court Administrator for reference by the Court Administrator to the appropriate

judge.

(ii) The moving party shall promptly advise the Court Administrator in writing if a matter has

been resolved or withdrawn.

(iii) Requests for an extension of the 20-day period in which to respond to a motion must be

made in writing to the Court Administrator. The request shall indicate whether or not it is

opposed by all other parties. No agreement entered into by the parties to extend the 20

day period shall be honored by the court without written notice to and the consent of the

Court Administrator.

(2)

Cases assigned to a judge

(i) All applications that would otherwise be the subject of a petition will be processed by

the assigned judge and should be directed to his or her chambers. The moving party

shall contemporaneously notify all parties affected by the application.

(ii) The form of all such applications and the time in which to respond thereto shall be

determined by the judge on an ad hoc basis as circumstances and the exercise of his

or her sound discretion shall warrant.

(iii) Where the application takes the form of a formal petition, the original shall be filed with

the Office of Judicial Support. The face sheet shall clearly indicate that a copy of the

motion or petition has contemporaneously been submitted to the assigned judge, who

shall be identified on the notice.

(iv) The original of a formal response to a petition shall also be filed with the Office of Judicial

Support, and a copy shall be contemporaneously submitted to the assigned judge.

(3)

Emergency Matters or Stays of Proceedings in Non-Family Matters

(i) Petitions seeking relief in emergency situations or stay of proceedings shall first be taken to

the Office of Judicial Support to be time-stamped and docketed and then immediately brought

by the party seeking the emergency relief or the stay of proceedings to the Court Administrator

for reference to the appropriate judge.

(ii) After the request for emergency relief or stay of proceedings has been either granted or denied

by the court, the motion shall be returned to the Office of Judicial Support for filing of the Order.

(iii) Hearing dates, where required, shall be set by the judge to whom the matter has been referred,

or, where that judge will not also be the hearing judge, by the Court Administrator.

(iv) The moving party shall make a good faith effort to give all parties affected by the application

as much advance notice as reasonably possible of the date and time he/she intends to present

his/her application and shall attach to the application a certification of the good faith effort that

has been made. This certification shall provide the specific details of the moving party's efforts

to comply with the advance notice requirement of this section, including, but not limited to, the

method(s) by which notice was sought to be given, the date(s) and time(s) when notice was sought

to be given, the address(es) and/or phone number(s) and/or fax number(s) at which notice was

sought to be given and the identity(ies) of the party(ies) to whom notice was sought to be given.

When the court fixes a hearing date following the submission of an application under this Rule, a

second certification shall be filed by the moving party providing similar specific information setting

forth the efforts that have been made to give to all affected parties as much notice as possible of

the date, time and place set by the court for the hearing.

(V) Except in emergency situations, no stay of proceedings shall be granted without actual prior

notice to all parties affected thereby.

Comment:

Adopted June 28, 2004

Rule 206.4(c)- Rule to Show Cause Alternative Procedures

Rules to show cause shall issue as of course with the filing of any Petition or Motion requiring a

response in family and non-family matters.

Explanatory Comment:

In non-family matters governed by Rule 206.l(a), the notice requirement

serves the identical purpose of a rule to show cause, and no paper formally designated "Rule to Show

Cause" shall be necessary.

In family matters, governed by Rule 206.8, present practice shall continue with rules issuing as of

course pursuant to Rule 206.4(c)

Comment:

Former Rule 206.6 was rescinded and renumbered 206.4(c) on June 28, 2004.

Rule 206.6 Rules to show Cause. (Rescinded)

Comment:

Rescinded June 28, 2004 and renumbered Rule 206.4(c)

Rule 206.8

-

Petitions, Rules, Answers, Motions in Family Matters

I. Cases not yet Assigned to a Judge

(a) The original of all family law motions or petitions, including divorce, custody, or equitable

distribution shall be filed in the Office of Judicial Support, which shall docket the pleading

and forward to the Court Administrator by either the moving party or the Office of

Judicial Support to obtain a hearing or conference date. All matters involving support are to

be filed directly with the Domestic Relations Office pursuant to Pa.R.C.P. 1910.4.

All family law motions or petitions are initially listed for a hearing and/or conference.

(b) Service shall be contemporaneously be made by the moving party in conformity with Pa.R.C.P. 440,

or in the case of motions or petitions that constitute initial process, in conformity with the Pennsylvania

Rules of Civil Procedure governing the matter of service of original process. (See Pa.R.C.P. 400 ff.)

(c) All motions or petitions shall be accompanied by the following:

i.

A cover sheet, pursuant to Local Rule 205.2(b), plainly appearing on the face thereof

indicating the filing date and the nature of the matter listed.

ii. A proposed order page encompassing the relief requested.

iii. A certification that service of the hearing/conference date in conformity with Pa.R.C.P. 440 or,

in the case of original process, in conformity with the Pennsylvania Rules of Civil Procedure

governing the service of original process is being contemporaneously made.

If

one of the above items is not included in the motion or petition, the Court Administrator

shall send notice to the moving party to refile the original motion or petition.

(d) Answers to a motion or petition filed prior to the hearing pursuant to this Rule shall be accompanied

by the following:

i. A cover sheet, pursuant to Rule 205.2(b), clearly indicating that they are being filed pursuant

to Rule 206.8 and

ii. A proposed order fairly encompassing the relief requested.

(e) Upon receipt of the motion or petition, the Court Administrator shall promptly schedule a hearing.

The moving party shall promptly notify all parties affected of the hearing date. In the event that

the moving party does not appear to file the motion or petition and obtain a hearing date, the

moving party shall file an original and include a copy of the motion or petition with a self

addressed stamped envelope with sufficient postage for return of the hearing date, which upon

receipt by the moving party shall notify all affected parties of the hearing date.

(f) The moving party shall file a certificate setting forth that notice was given to all affected parties

of the date, time and place set by the court for the hearing/conference.

(g) Matters that are uncontested at the time of filing shall be so certified by the moving party and

shall follow the procedure set forth in Rule 208.2(d). The Office of Judicial Support shall

promptly refer them to the Court Administrator.

(h) Where a matter is to be withdrawn, a Praecipe to Withdraw Motion or Petition must be filed

with the Office of Judicial Support, which shall promptly forward it to the Court Administrator.

If

the case has been referred to a Judge, the Court Administrator shall promptly forward the Praecipe

to the judge.

(i) After a hearing date has been assigned, requests for a continuance must be made on a continuance

application form (available in the Court Administrator's Office) and submitted along with

a stamped envelope preaddressed to the party requesting the continuance. Requests for

a continuance may be referred to the appropriate Judge for review. After review of

the continuance, the Court Administrator shall forward the result of the request of the continuance

to the party who applied for the continuance. The requesting party must notify all parties affected

of the result of the continuance request and the new hearing date, if applicable.

II. Emergency Matters or Stays of Proceedings in Cases not yet Assigned to a Judge

(a) Motions or petitions seeking relief in emergency situations or stay of proceedings shall be brought

first to the Office of Judicial Support to be docketed and time-stamped and then immediately brought

by the party seeking the emergency relief or the stay of proceedings to the Court Administrator for

reference to the appropriate Judge. The motion or petition shall be accompanied by the items required

in 206.8(1)(c).

(b) The motion or petition shall be accompanied by a certification that the moving party has made a good

faith effort to give all parties affected by the application as much advance notice as reasonably possible

of the date and time that the application will be presented to the Court. This certification shall provide

the specific details of the moving party's efforts to comply with the advance notice requirement of this

section including, but not limited to, the method(s) by which notice was sought to be given, the address(s)

and/or phone number(s) and/or fax number(s) at which notice was sought to be given, and the identity(s)

of the party(s) to whom notice was sought to be given.

(c) Hearing dates, where required, shall be set by the Judge to whom the matter has been referred by the

Court Administrator or, where that Judge will not also be the hearing Judge, by the Court administrator.

The moving party shall promptly notify all parties affected of the hearing date and shall file a certification

providing specific information setting forth the efforts that have been made to give to all affected parties

as much notice as possible of the date, time and place set by the Court for the hearing. Such specific

information includes, but not limited to, the method(s) by which notice was sought to be given, the

address(s) and/or phone number(s) and/or fax numbers(s) which notice was sought to be given and the

identity(s) of the party(s) to whom notice was sought to be given.

(d)

After the Court has decided the request for emergency relief or stay of proceedings, the motion or petition

shall be returned to the Court Administrator who shall then forward it to the Office of Judicial Support for

filing of the Order.

(e)

Except in emergency situations, no stay of proceedings shall be granted without actual prior notice to

all parties affected thereby.

III.

Cases Assigned to a Judge

(a) All applications, to include emergency matters, that would otherwise be subject of a motion or petition

will be processed by the assigned Judge and should be directed to his/her chambers. The moving party

shall contemporaneously notify all parties affected by his or her application.

(b) The form of all such applications and the time in which to respond thereto shall be determined by the

Judge on an ad hoc basis as circumstances and the exercise of the Judge's sound discretion shall warrant.

(c) Where the application takes the form of a formal motion or petition, the original shall be filed with the

Office of Judicial Support. The cover sheet, pursuant to Rule 205.2(b) shall clearly indicate that a copy

of the motion or petition has contemporaneously been submitted to the assigned Judge, who shall

be identified on the notice.

(d) The original of a formal response to a motion or petition shall also be filed with the Office of

Judicial Support, and a copy shall be contemporaneously submitted to the assigned Judge.

Comment

: The following applications are not governed by Rule 206.8, et seq. but rather are governed by the provisions

of the general rule(s) governing the particular matter: Protection From Abuse Petitions pursuant to 23 Pa.C.S.A. 6101 et seq.

*Adopted June 28, 2004

Rule 207. - Petition to Change Name. (Rescinded)

Rule 208. - Medical Malpractice. Health Care Provider. Affidavit of Noninvolvement. (Rescinded)

Comment:

Rule 208 was rescinded June 29, 2004

Rule *208.1

-

Motions. Non-Family Matters

(a) The originals of all Motions shall be filed with the Office of Judicial Support.

(b) Service shall be contemporaneously made by the moving party in conformity with Pa. R.C.P. 440.

Comment:

Adopted June 28, 2004

Rule *208.2

-

Motions. Form. Content

(a) All Motions shall be:

(1)

In conformity with Pa.R.C.P. 208.2 and

(2)

Include a cover sheet pursuant to Local Rule 205.2(b) clearly indicating the

filing

date advising that any response to the Motion must be filed within

twenty (20) days from that date.

All responses to Motions filed under Rule 208.1 shall be accompanied by a cover sheet

pursuant to Local Rule 205.2(b) and shall include a form of proposed Order.

Comment: Adopted June 29, 2004

Rule 208.2(d). Uncontested Motions. Certifications

If counsel for the moving party determines that a motion is uncontested by all parties

involved in the case, counsel shall file a certification that the motion is uncontested.

The moving party must complete the cover sheet pursuant to

205.2 and check the

appropriate box, and include the certification with the motion.

Comment:

Adopted June 28, 2004

Rule 208.2(e)

-

Motion. Certification.

(a) All motions relating to discovery shall include a certificate signed by counsel for the

moving party that counsel for that party has conferred or attempted to confer with all

interested parties in order to resolve the matter without Court action, and shall set

forth the nature of the efforts made to resolve the matter. Failure to comply with the

foregoing shall result in the refusal of the Court to hear the motion.

(1) All motions relating to discovery shall include a certificate signed by counsel for

the moving party that counsel for that party has conferred or attempted to confer

with all interested parties in order to resolve the matter without Court action, and

shall set forth the nature of the efforts made to resolve the matter. Failure to

comply with the foregoing shall result in the refusal of the Court to hear the

motion.

(2) The moving party shall attach a Certification of Good Faith, substantially in

the following form, to his or her motion.

Comment: Adopted June 28, 2004; amended August 10, 2004.

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY,

PENNSYLVANIA

CIVIL ACTION – LAW

ATTORNEY CERTIFICATION OF GOOD FAITH

Pursuant to Delaware County Local R.C.P. 208.2(e)

The undersigned counsel for movant hereby certifies and attests that:

a. He or she has had the contacts described below with opposing counsel or

unrepresented party regarding discovery matter contained in the foregoing

discovery motion in an effort to resolve the specific discovery dispute(s) at

issue and, further, that despite counsel's good faith attempts to resolve the

dispute(s), counsel have been unable to do so without Court intervention.

Description of effort to resolve discovery motion:

b.

He or she was unsuccessful in actually contacting opposing counsel or

unrepresented party in an attempt to resolve the discovery dispute(s)

despite his or her good faith efforts to do so.

Description of effort to resolve discovery motion:

CERTIFIED TO THE COURT BY:

DATE Attorney for Movant (name of party)

Note: The signature of respondent's counsel or party is not required.

Rule *208.3(a)- Simplified Procedure

The following "Motions" may be submitted for consideration by the Court without

written responses or briefs.

1. Motion to compel discovery in aid of execution

2. Motion to break and enter

3. Motion requiring a supersedeas appeal board

4. Motion for writ of seizure

5.

Motion for return of personal property

6. Motion for reconsideration

7.

Motion for peremptory judgment

The foregoing motions, after filing with the Office of Judicial Support shall be presented to the Court

Administrator's Office, which shall promptly deliver the motion to the appropriate Judge or schedule the case for

a hearing before the Court. The moving party shall include a cover sheet pursuant to Rule 205.2(b) and shall

promptly notify all parties affected of the hearing date, if so advised by the Court.

If a hearing date has been assigned, requests for a continuance shall be made on a fully completed continuance

application form, available in the Court Administrator's Office and then submitted to the Court Administrator.

Stamped envelopes, pre-addressed to all parties in interest, shall accompany the continuance application form.

Requests for continuance received by the Court Administrator within one (1) week of the hearing date may be

referred to the appropriate Judge for review.

Comment: Adopted June 28, 2004

Rule 208.3(b) Alternative Procedures.

(a)

Motions filed pursuant to Rule 208.1 and 208.2 shall be processed as follows:

(1)

In cases that are not assigned to a judge,

(i)

On the 21

st

day after filing the Office of Judicial Support shall send the record papers to

the Court Administrator for reference by the Court Administrator to the appropriate

judge.

(ii)

The moving party shall promptly advise the Court Administrator in writing if a matter has

been resolved or withdrawn.

(iii)

Requests for an extension of the 20-day period in which to respond to a motion must be

made in writing to the Court Administrator. The request shall indicate whether or not it is

opposed by all other parties. No agreement entered into by the parties to extend the 20-

day period shall be honored by the court without written notice to and the consent of the

Court Administrator

(2)

In cases that are assigned to a judge,

(i)

All applications that would otherwise be the subject of a motion or petition will be

processed by the assigned judge and should be directed to his or her chambers. The

moving party shall contemporaneously notify all parties affected by the application.

(ii)

The form of all such applications and the time in which to respond thereto shall be

determined by the judge on an ad hoc basis as circumstances and the exercise of his or

her sound discretion shall warrant.

(iii)

Where the application takes the form of a formal motion or petition, the original shall be

filed with the Office of Judicial Support. The face sheet shall clearly indicate that a

copy of the motion or petition has contemporaneously been submitted to the

assigned judge, who shall be identified on the notice.

(iv)

The original of a formal response to a motion or petition shall also be filed with the

Office of Judicial Support, and a copy shall be contemporaneously submitted to the

assigned judge.

(3)

Emergency Matters or Stays of Proceedings in Non-Family Matters.

(i)

Motions seeking relief in emergency situations or stay of proceedings shall first be taken

to the Office of Judicial Support to be time-stamped and docketed and then immediately

brought by the party seeking the emergency relief or the stay of proceedings to the Court

Administrator for reference to the appropriate judge.

(ii)

After the request for emergency relief or stay of proceedings has been either granted

or denied by the court, the motion shall be returned to the Office of Judicial Support

for filing.

(iii)

Hearing dates, where required, shall be set by the judge to whom the matter has been

referred, or, where that judge will not also be the hearing judge, by the Court

Administrator.

(iv)

The moving party shall make a good faith effort to give all parties affected by the

application as much advance notice as reasonably possible of the date and time he/she

intends to present his/her application and shall attach to the application a certification of

the good faith effort that has been made. This certification shall provide the specific

details of the moving party's efforts to comply with the advance notice requirement of

this section to include, but not limited to, the method(s) by which notice was sought to

be given, the date(s) and time(s) when notice was sought to be given, the address(es)

and/or phone number(s) and/or fax number(s) at which notice was sought to be given

and the identity(ies) of the party(ies) to whom notice was sought to be given. When the

court fixes a hearing date following the submission of an application under this Rule, a

second certification shall be filed by the moving party providing similar specific

information setting forth the efforts that have been made to give to all affected parties as

much notice as possible of the date, time and place set by the court for the hearing.

(v)

Except in emergency situations, no stay of proceedings shall be granted without

actual prior notice to all parties affected thereby.

Comment: Adopted June 28, 2004

Rule *208.3(c)- Return of Weapons and Ammunition

The Sheriff of Delaware County, police department or other law enforcement agency, which

maintains possession, control or custody of the firearms, other weapons or ammunition seized

from a Defendant or owner pursuant to the provisions the Protection From Abuse Act

(23 Pa. C.S.A. §6101 et seq.), shall, upon receipt of an Order of Court having jurisdiction, which

dismisses a temporary or final Protection From Abuse Order and which has been certified by the

Director of the Delaware County Office of Judicial Support, return to the Defendant or owner,

such firearms, other weapons or ammunition seized, provided that all of the following conditions

are satisfied:

1. The Defendant or the owner provides reasonable proof of ownership or of rightful

possession of the firearms, other weapons or ammunitions seized;

2. The firearms, other weapons or ammunition seized are not evidence of a crime;

3. The Defendant or owner is not otherwise prohibited by applicable federal or state law

from taking possession of the firearms, other weapons or ammunition seized,

4. The Defendant or owner has been given a clearance by the Pennsylvania State

Police Instant Check System (PICS) Unit, as requested by the Sheriff of

Delaware County.

In the event that a Defendant or owner fails to satisfy one or more of the above-stated conditions,

the firearms, other weapons or ammunition seized shall remain in the possession, control, and

custody of the Sheriff of Delaware County, the police department or the other law enforcement

agency.

Defendant or owner who, for any reason, objects to the retention of the firearms, other weapons or

ammunition seized may file a Petition seeking their return. The petitioning Defendant or owner shall

serve a copy of the Petition on the Sheriff of Delaware County, police Department or other law

enforcement agency returning possession of the same. The Court, after receipt of said Petition, shall

promptly schedule a hearing on said Petition.

Comment: Adopted March 16, 2009, effective immediately.

Rule *223. - Conduct of the Jury Trial

(a)

(5) The trial judge or any master appointed to take testimony may, sua sponte or upon application

of any party, require that prospective witnesses remain outside the room where testimony is being

taken until they are called to testify, subject to the provisions of Pa. Rule of Evidence 615.

(6) Before trial no attorney, party or witness shall communicate or cause another to communicate with

anyone he knows to be a member of the venire from which the jury will be selected for the trial.

(7) During trial no involved attorney, party or witness shall communicate with or cause another to

communicate with any member of the jury.

(8) After trial no attorney, party or witness shall initiate communications with or cause another to initiate

communications with any member of the jury without first receiving permission from the trial judge.

Comment: Former Rule *223(a)(4) renumbered as (a)(5) to conform to the numbering of Pa.R.C.P 223(a) on

May 4, 1998. Former Rule *228(a), (b) & (c) renumbered as Rule *223(a)(6), (7) & (8) to conform

to the subject matter of Pa.R.C.P. 223(a) on May 4, 1998. Section (a)(5) amended November 17, 1998.

Rule *223.1 - Custody and Storage of Trial Exhibits

(a) The moving party shall keep custody of and be responsible for all non-documentary

material submitted into evidence at trial. That material shall not be left in the courtroom

after the conclusion of the trial of the case.

(b) All trial exhibits which are larger than 8.5 x 11 shall remain in the custody of and be

the responsible of the moving party. The moving party shall submit an original or

copy of the trial exhibit no larger than 8.5 x 11 to the Court Clerk, which copy

shall be marked and filed of record.

(c) Notwithstanding the above-provisions, any party may petition the Court to retain custody of

the Exhibit.

Comment

: Adopted May 3, 2000.

Rule 227.l(g). - Appeal from objections to Tax Sale.

A Motion for post-trial relief may not be filed in an Adjudication or determination

by the Court upon any Petition seeking to set aside a Tax Sale pursuant to the

Pennsylvania Real State Tax Sale Law, 72 P.S. §5860.101 et seq.

Comment

: Adopted December 18, 2001

Rule *227.3. Payment for Transcript.

The party requesting transcription of the record or any portion thereof in a motion for

post-trial relief, or where the transcript is needed to advance the litigation, shall pay the

cost thereof. Where any other party files an objection requesting that an additional portion

of the record be transcribed, the trial judge, in the absence of agreement by the parties,

shall in his discretion and to the extent this matter is not covered in the Pennsylvania Rules

of Judicial Administration 4000, et seq., assign the cost of such additional transcription

to any or all parties or to the county.

The designation of the portion of the record to be transcribed required by Pa.R.J.A.

4000, et seq. shall include the date the trial started and the courtroom where the trial was held

utilizing the state standardized form. A copy of this designation shall be submitted

contemporaneously with the filing of the motion for post-trial relief to the Office of the Director

of the Recording Center.

Comment: Amended and entirely replaced December 29, 2016, effective January 1, 2017

Rule *237

-

Notice of Praecipe for Final Judgment or Decree.

The certification of notice required by Pa.R.C.P. 237 shall include the name and mailing

address of all other parties for the use of the Office of Judicial Support in giving the notice

required by Pa.R.C.P. 236 (a)(2).

Comment:

Amended February 7, 1995

Rule *237.1

-

Notice of Praecipe for Entry of Default Judgment

(a) The certification of notice required by Pa.R.C.P. 237.1 (a) shall include the name

and mailing address of all other parties for the use of the Office of Judicial Support

in giving the notice required by Pa.R.C.P. 236 (a)(2).

Comment:

Amended February 7, 1995

Rule *241- Commencement of Action, Assignment of Cases, and Assessment of Damages Cases.

(a) When suit is commenced, the Plaintiff shall complete and file with the Office of

Judicial Support, in duplicate, the Court of Common Pleas Civil Cover Sheet in

accordance with Pa.R.C.P. 205.5. In asbestos cases, a Special Case Information

Form shall be filed in addition to the Civil Cover Sheet.

(b) The Court Administrator shall assign the case to a trial judge, who shall thereafter

dispose of all further matters in connection therewith, to include scheduling of the

case for trial.

(c) Assessment of damage cases may be certified as ready for trial at any time by sending

a Certificate of Readiness to all other parties and filing two (2) copies of the Certificate

and one (1) copy of a Certification of Service with the Court Administrator.

Comment:

Rule 241 originally adopted March 11, 1991 rescinded May 3, 2000. Current

Rule 241 adopted May 3, 2000, effective June 1, 2000; amended May 14, 2010,

effective Immediately.

Rule *400

-

Person to Make Service

(a) A party filing a complaint or any other pleading that constitutes original process

which is to be served by the Sheriff's Office shall deliver to that office a copy of the

complaint or pleading for each party to be served together with instructions for service

on a form available from the Sheriff's Office. Payment for the requested service must be

made to the Sheriff's Office before service will be made or attempted.

Comment:

Adopted November 1, 1994

Rule *400.1- Service of Original Process and Other Legal Papers

Original process shall be served within Delaware County

(a) by the Sheriff or a competent adult in the actions in equity, partition, prevent

waste and declaratory judgment when declaratory judgment is the only relief

sought; and

(b) by the sheriff in all other actions, or such other means, as provided in the

Pennsylvania Rules of Civil Procedure.

Comment:

Amended July 27, 1999, effective September 1, 1999; further amended

November 23, 1999

Rule *425.

-

Service of Process and Pleadings, Additional Defendants

(a) No copies of pleadings previously filed with the Office of Judicial Support

shall be filed with a complaint against an additional defendant. However,

pursuant to Pa.R.C.P. 425(a), copies of previously filed pleading shall be served

with the complaint against the additional defendant.

Comment:

Amended December 4, 1997.

Rule *430(b)(l)

-

Service Pursuant to Special Order of Court. Publication

-

Approved Newspapers of General

Circulation

-

Legal Newspaper.

(i)

All legal advertisements required to be published in a newspaper of general

circulation, except as otherwise provided by act of assembly, specific procedural

rule or order of Court, shall appear only in such newspapers which shall be kept on

file at all times in the Office of Judicial Support, arranged in alphabetical order

according to the communities covered thereby. The Director of the Office of Judicial

Support, the Court Administrator and a duly appointed representative, selected by the

presiding President Judge on an annual basis, are hereby appointed as a newspaper

examining board, hereinafter in this rule called "board". Before any newspaper is

placed upon such approved list, there shall be presented to the board the information

required by a directive on file in the Office of Judicial Support.

(ii)

After a newspaper has been approved by the board, it shall remain upon the approved list

of newspapers, unless there should be a failure of compliance with any of the conditions

set forth in the Newspaper Advertising Act, its supplements and amendments; the board

requests that a renewal application be filed; or an amended directive signed by the

President Judge establishes other procedures.

(iii)

The Delaware County Legal Journal shall be the legal newspaper for the

publication of legal advertisements and notices required by law, rule, order

or decree of court.

(iv) Except as otherwise provided by law, service by publication shall be made in the

Delaware County Legal Journal and in one newspaper, approved and selected in accordance with

this rule. Such publication shall appear once a week for two successive weeks. The second of these

advertisements shall appear at least five days prior to the date upon which action may be required.

(V) In any matter requiring legal advertisement in a newspaper of general circulation, the newspaper

selected shall have a circulation in the municipality wherein or near which the person to be served

or notified lives or last lived while a resident of the county, or wherein or near which the real estate,

if such be involved, is located.

Comment: The provisions of former Rules *431, *432 and *440 have been incorporated into

Rule *430(b)(1)

Adopted February 7, 1995; amended June 22, 2001.

Rule *621 - Eminent Domain.

In an eminent domain proceeding, a petition for appointment of a Board of Viewers

shall be in full compliance with the express provisions of the Eminent Domain Code,

section 502 (26 P .S. §1-502).

Rule *622- Board of View Procedure

(a)

The Court Administrator shall act as the clerk for the Board of View.

(b)

The petitioner for the appointment of a board of view shall present his petition to the Court Administrator,

with a copy for each viewer. A separate petition shall be filed for each location or premises to be viewed.

(c)

The Court Administrator shall secure the signature of a judge to the order appointing the Board of View and

notify the viewers of their appointment.

(d)

Upon receipt of the order of appointment of the Board of View, the petitioner shall serve a copy of the

order upon the adverse party or parties (condemner or condemnee).

(e)

The Court Administrator shall arrange a time for viewing and for hearing with the viewers and parties in

interest and send notice to all parties. Certified mail shall be used for notice to unrepresented litigants.

Whenever possible, the Court Administrator will fix the time for the first hearing to immediately follow the

viewing.

(f)

All hearings shall be held in the Delaware County Courthouse complex unless otherwise authorized by the

court and arrangements for the use of said facilities shall be made with the Court Administrator.

(g)

At or before the view the condemner shall furnish each member of the Board of View with a plan of the

property affected by the taking, comprehensive enough to show the property taken, and the "before" and

"after" quantities or areas of the real estate involved.

(h)

The petitioner shall present to the viewers at the first hearing a title report of the property involved issued

by a reputable title company showing the status of the title at the time of the taking.

(i)

Whenever possible, prior to the hearing before the viewers, attorneys for all parties involved should

stipulate in writing to all of the undisputed facts including:

(1)

The names and addresses of the owners and leaseholders of the real estate involved with abstracts of

the last deeds of record and a metes and bounds description of the real estate involved.

(2)

A list of liens and claims against the real estate involved including an itemization of all delinquent

taxes, sewer rents and other municipal claims.

(3)

A description of all easements, rights-of-way, uses, franchises and other matters affecting the land

involved.

(4)

The date of the taking and a reference to the condemning resolution, ordinance or other authority.

(j)

Attorneys should be prepared to submit to the Board of View at the first hearing a brief, concise statement

of any legal principles in issue.

(k)

Any request for a continuance or substitution of viewer shall be made to the Court Administrator in writing,

accompanied by a proposed order. There shall be no continuance of a view or hearing or substitution

without an order of court on cause shown.

(1)

In the case of settlement or discontinuance or withdrawal of action, attorneys shall notify the court

administrator promptly.

(m)

The Court Administrator shall prepare and keep a record showing the case involved and the names of the

viewers. A full history of the proceedings shall be kept by the Court Administrator as a supplement to the

Office of Judicial Support's records.

(n)

The final report of a jury of view shall be sent to the Court Administrator, who in turn will promptly

file said report with the Office of Judicial Support.

Comment: Amended November 21, 1995

Rule *623- Appeals from Award of Board of View

(a)

The original of the notice of appeal from the award of a Board of View shall be

filed with the Office of Judicial Support. The Office of Judicial Support shall

promptly forward a copy to the Court Administrator.

(b)

At trial on the appeal the condemnee's title shall be taken as admitted unless at

least 10 days prior to trial the condemner has served on the condemnee an

affidavit denying the condemnee's title and setting forth the basis therefor.

Comment:

Amended March 11, 1991

Rule *624- Voluntary Procedure Before a Board of View

(a)

In any eminent domain case where a Board of View has been appointed, all parties in interest, by written

stipulation filed of record, may waive a view and hearing before the viewers, and secure a report from the

Board of View, by following the procedure outlined below.

The information summary must contain the following:

(1)

Date of declaration of taking;

(2)

Location of property involved;

(3)

Plan showing size of the area before the take, the relation of the take to the whole area, and the

amount of the take.

(4)

Zoning of tract or area.

(5)

Parties in interest: owners; mortgagees; tenants; judgment creditors; others

(If

any party has not

joined in the stipulation, explain why not.);

(6)

Damages sought: general; severance; business dislocation; removal, moving; consequential.

(7)

Statute: sections applicable to the case.

(8)

Contentions: zoning; value; imminence of condemnation; other.

(9)

Appraisals: one or more (attach).

(b)

Upon receipt of the information summary, the Board of View shall visit the site, either individually

or together. The board shall study the information supplied, meet and render an award.

Rule *903- Bill of Costs

(a)

A bill of costs may be filed within 10 days after final decree, judgment or award, or within 10 days after the

final decision on appeal. A copy shall be served

in

accordance with the provisions of Pa.R.C.P. 440

upon a

party or parties against whom the bill is filed, and the bill shall be accompanied by a certification setting

forth the date and manner of service.

(b)

Every bill of costs after trial shall contain the names of the witnesses, the dates of their attendances, the number

of miles actually traveled by them, the places between which mileage is claimed, cost of any subpoenas, service

of subpoenas and affidavit. Such bill shall be verified by the affidavit of the party filing it or his agent or attorney,

setting forth that the witnesses named were actually present in court, and that, in his opinion, they were material

witnesses.

Every bill of costs on an appeal from a judgment, order or decree of this court shall contain an itemized statement

of the cost of the printing of the paper books and the affidavit and shall be verified by the affidavit of the attorney

of record.

(c)

Exceptions to a bill of costs may be filed within 10 days after service of the bill of costs; otherwise the party so

served shall be deemed to have waived all objections to the bill filed. Upon the filing of exceptions, the Office of

Judicial Support shall fix a date, time and place for taxation no less than 10 days after the filing of the

exceptions. The exceptant shall serve a copy of the exceptions and a notice of the date, time and place of taxation

upon the adverse party.

(d)

Any appeal from the taxation of costs shall be taken within 10 days and shall be accompanied with a

specification of the items to which the appellant excepts and the reasons for his exceptions. Notice of the taking

of the appeal and a copy of the specifications shall be served promptly upon all other parties of record. Said appeals

shall be submitted to the appropriate judge for decision.

Comment: Amended March 11, 1991.

Rule *917.-

Sureties

(a) No attorney, director of the Office of Support, Clerk of Court, Sheriff or their personnel

shall become bail or surety in any action.

(b) The qualifications and sufficiency of all sureties, require at the commencement of all actions,

shall be determined and approved by the Office of Judicial Support. Exceptions to the decision

of the Office of Judicial Support shall be filed within 10 days. A hearing shall be held as directed

by the court.

(c) No individual surety shall be accepted unless the application is accompanied by the affidavit of

the individual offered as surety, setting forth:

(1) His or her name, residence and occupation.

(2) The location of the real estate owned by the proposed surety, or so much as may

be sufficient, with a reference to the record of the deed, the nature and amount of

all liens, if any, the assessed value, and whether title is held by the proposed surety

in fee.

(3) That after the payment of his or her debts, engagements and liabilities, the proposed

surety believes that he or she is worth not less than $_________.

(d) Any surety company desiring to qualify as surety shall file with the Office of Judicial Support a

certificate of the insurance commissioner, as required by law, accompanied by a financial

statement as of December 31 of the last preceding year. Any corporation whose home office is

outside of the County of Delaware shall also file a stipulation agreeing that services of process,

in any proceeding arising out of its acting as surety, or fiduciary pursuant to approval under this

rule, may be made upon it serving such process upon the Office of Judicial Support and that such

service shall be equivalent to actual services upon such corporation. If the company desires to continue

to offer itself as surety, it shall file annually with the Office of Judicial Support on or before the first

Monday of June of each year a similar certificate and statement and failure to do so within such time

shall bar it from acting until such certificate and statement shall have been filed. A surety company

which shall have complied with the requirements of this rule shall be approved by the Office of

Judicial Support, unless otherwise provided by law; subject to the right of exceptions and hearing

by court.

(e) In all cases where the sufficiency of a corporate surety is before the court, there shall be presented

to the court:

(1) A certificate of the Office of Judicial Support that the surety has complied with this rule.

(2) A copy of the power of attorney from the surety to the attorney.

(3) A certificate by an officer, under the seal of the surety, that the power of attorney is still

in force and effect.

(4) A certificate of the recorder of deeds that the power of attorney is recorded and unrevoked.

Rule *922- Money or Property Paid into Court

(a) In any action (excluding eminent domain) the defendant may at any time before trial pay into court the amount

he admits to be due and accrued costs. He shall give notice to the opposite party or his attorney within 10

days. The plaintiff may receive the amount so paid, and either enter a discontinuance or proceed to trial. In

the latter case, he shall pay all costs subsequently accruing, unless he is awarded judgment for a sum greater

than that admitted to be due and paid in to court.

(b) All money paid or property delivered into court shall be delivered to the Office of Judicial Support, who shall

give a receipt. Money paid or property delivered into court shall be disbursed or redelivered by the Office of

Judicial Support only upon order of the court.

Rule *955- Vacancies in Municipal Offices.

(a) Petitions for appointments to fill vacancies in municipal offices shall set forth:

(1) The act of assembly authorizing the appointment;

(2) The manner in which the vacancy occurred;

(3) The name and residence, and the name of the political party, if any, under whose nomination he was

elected, of the prior incumbent, whose death, removal, resignation, etc., created the vacancy.

(4) The date of the commencement and expiration of the term of the office to be filed.

(5) The name, residence, age, occupation, citizenship and political party, if any, of the proposed office

holder.

(6) A full statement of the facts which petitioners believe qualify the proposed office holder.

The residence (street number, municipality) of each petitioner shall be set forth opposite his signature.

Rule *1006(d)(1)(3)(a).-

Change of Venue

Upon transfer, unless otherwise ordered by the court, the successful petitioner

for the change of venue shall pay such fees and costs to the Office of Judicial

Support as though the transferred case had initially been filed in this court. These

costs shall be part of the transfer costs. Payment of these fees and costs shall be

made upon receipt by the Office of Judicial Support of the record papers, to include a

certified copy of the docket entries from the transferring court.

Comment: Adopted September 7, 1990; amended December 4 1997. Renumbered

January 28, 2016. Effective upon publication on the UJS Portal.

Rule 1007. - Commencement of Action, Automatic Certification Form. (Rescinded)

Comment:

Rescinded August 10, 2004

Rule *1007.1- Jury Trial, Demand and Waiver

(e)

Except as provided in section (f) juries in civil cases shall consist, initially, of eight members. Trial in such

cases shall continue so long as at least six jurors remain in service.

If

the number of jurors falls below six, a

mistrial may be declared upon prompt application by any party then on the record.

(f)

Trial by a jury consisting of 12 members may be had if demand is made in accordance with the provisions of

Pa.R.C.P. 1007.1(a).

If

a demand for jury trial does not specifically request (12) members, the jury shall

consist of eight members.

(g)

Where the right to jury trial has not been previously waived as provided in Pa.R.C.P. 1007.1(a), any

subsequent waiver of trial by jury shall be by written stipulation of the parties filed of record with the Office

of Judicial Support. This stipulation shall be in substantially the following form:

AND NOW, this day of ,20_ it is agreed by and between the parties that trial by jury be waived,

and that this case be tried before a judge of this court.

Counsel for Plaintiff

Counsel for Defendant

Rule *1012-

Limited Entry of Appearance. Withdrawal of Appearance. Notice.

(a)(l)

An

attorney whose representation is pro bono and through Legal Aid of Southeastern Pennsylvania shall be

permitted to enter a written limited entry of appearance which shall state an address at which pleadings and other

legal papers may be served in the manner provided by Rule Pa.R.C.P. 440(a)(l), a telephone number and clearly

express the limitation of the attorney's representation. This written notice of limited entry of appearance shall be

given forthwith to all parties. This limited entry of appearance shall also be accompanied by a Praecipe to proceed

In Forma Pauperis including an appropriate certification under rule Pa.R.C.P. 240(d)(l) and any fee for the limited

entry of appearance or any filing made at the same time as the limited entry of appearance shall be waived.

(a)(2) The limited entry of appearance under subsection (a)(l) shall be substantially in the following form:

CAPTION

PRAECIPE FOR ENTRY OF LIMITED APPEARANCE

To the Office of Judicial Support:

Kindly

enter

my

appearance

on

behalf

of

,

in

the

above-captioned

matter.

I

hereby

certify

that I have accepted the representation of through Legal Aid of Southeastern Pennsylvania, I am

accepting no fee for my services and my appearance is limited to the performance of the following responsibilities:

Representation through custody Master's conferences.

Representation through all custody Master's conferences in the

entry of limited appearance.

months following the filing of this

Representation through one custody trial before a judge in the court of Common Pleas.

Other:

Upon completion of the above delineated duties and consistent with rule 1012(a)(3), I may withdraw my

appearance without further petition or order of this court.

Signature

(a)(3)

An

attorney may withdraw his or her appearance without leave of court if the attorney has previously entered

his or her appearance under subsection (a)(l) and has completed all of his or her responsibilities as enumerated in

the form completed under subsection (a)(2). This written notice of withdrawal of appearance shall be given

forthwith to all parties and the court (assigned Judge) and any fee for the withdrawal of the limited entry of

appearance shall be waived.

(a)(4) The withdrawal of appearance under subsection (a)(3) shall be substantially in the following form:

CAPTION

PRAECIPE FOR THE WITHDRAWAL OF LIMITED APPEARANCE

To the Office of Judicial Support:

Kindly withdraw my appearance on behalf of

.,

in the above-captioned matter. I hereby certify

that I have completed all duties as delineated in my limited entry of appearance filed on

_

I

further

ce1tify

that

I

notified

the

Plaintiff/Defendant

and

the

court

(assigned

judge)

on

of

my

withdrawal.

(Date)

Consistent with local rule 1012(a)(3), I am authorized to withdraw my appearance without further petition or order

of this Court.

All further notices or communications shall be sent directly to the Plaintiff/Defendant at the following address.

Name:

_

Address:

_

Phone:

_

Respectfully submitted:

------------ Esquire

Former Counsel for (Plaintiff/Defendant)

Comment: Amended and replaced June 21, 2016, effective 30 days after publication in the Pennsylvania Bulletin.

Rule* 1018.1- Notice to Defend, Form

(c) Pursuant to Pa. R.C.P. 1018.1(c), the Lawyers' Reference Service, Front &

Lemon Streets, Media, Pennsylvania 19063, (610) 566-6625, is designated

as the agency to be named in the notice from whom legal help can be

obtained.

Comment

: Amended June 28, 2004

Rule *1019- Pleadings, Foreign Statutes

(i)(a) When either party relies on an Act of Congress or the statute of

another state or country, or any part thereof, he shall so aver in

his pleadings and set forth a copy of the statute and refer to the

date of its enactment and place of digest.

Comment:

Renumbered January 28, 2016 effective 30 days after

publications in the Pennsylvania Bulletin.

Rule 1025. - Use of Backers, Endorsement of Pleading (Rescinded)

Comment:

Rule 1025 was rescinded June 28, 2004.

Rule* 1028 - Disposition of Preliminary Objections, Motions for Summary Judgment and Motions for

Judgment on the Pleadings(Rescinded)

Comment:

Rule 1028 rescinded on June 28, 2004 and renumbered Rule 1028 (c).

Rule* 1028(c)- Disposition of Preliminary Objections, Motions for Summary Judgment and Motions for

Judgment on the Pleadings

1.

Procedure Defined

(a) Preliminary objections, motions for summary judgment and motions for judgment on the pleadings

shall be accompanied by a memorandum of law in support thereof.

(b) Service shall be made in conformity with Pa.R.C.P. 440.

(c) All such motions shall be accompanied by a notice, plainly appearing on the face thereof, of the date

the motion was filed with the Office of Judicial Support and advising that a reply memorandum of law

must be filed within twenty (20) days from that date, except that in the case of summary judgment motions

the notice shall advise that a reply memorandum must be filed within thirty (30) days from that date. The

moving party shall also file with his motion a certification of service in conformity with Pa.R.C.P. 405(b).

This certification shall state that the notice required by this Rule has been given.

(d) If

any motion subject to this Rule is filed without an accompanying memorandum, the Office of Judicial

Support shall send the record papers to the Court Administrator. Otherwise, the Office of Judicial Support

shall not send the record papers to the Court Administrator until the opposing party has filed his reply

memorandum or until twenty

(20) days after the motion was filed (or in the case of summary judgment

motions, thirty (30) days), whichever occurs first. Upon receiving the record papers from the Office of

Judicial Support the Court Administrator shall

then refer the matter to the appropriate judge. All requests

for an extension of the prescribed time in which to answer such motions must be approved by the Court.

Such approval shall be sought by a letter addressed to the Court Administrator. No agreement entered into

solely by the parties will be honored by the Court.

(e) Any motion subject to this rule which is filed without accompanying memorandum may be dismissed.

If

a reply memorandum has not been filed pursuant to the notice required by section (c) of this rule, the Court

may dispose of the matter without such memorandum.

(f) If

any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised,

and the moving party shall file an appropriate praecipe with the Office of Judicial Support.

(g) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional

memoranda, or call for oral argument, or advance the time for filing.

2.

Matters Requiring Factual Supplement to the Record

(a) In the case of preliminary objections based on facts not presently a part of the record, a memorandum of law

and notice to opposing parties to file a reply memorandum of law within twenty (20) days need not be filed

contemporaneously with the preliminary objections. Instead, the face sheet notice shall indicate the date the

preliminary objections were filed with the Office of Judicial Support and shall be endorsed with a notice to

plead pursuant to Pa.R.C.P. 1361.

(b) If an answer is filed and served, the moving party shall undertake to supplement the record with the

necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from

the filing of the answer.

(c) Within two (2) weeks from the completion of the supplementation of the record, whether by the adverse

party's failure to file an answer to the preliminary objections or by affidavit, deposition or testimony, the

moving party shall file a memorandum of law. This memorandum shall be processed in accordance with

Section 1 of this Rule.

Comment: Rule 1028 rescinded and renumbered as Rule 1028 (c) on June 28, 2004

Rule* 1034. - Motion for Judgment on the Pleadings. (Rescinded)

Comment:

Rule 1034 rescinded and renumbered as Rule 1034(a) on June 28, 2004.

Rule* 1034(a) - Motion for Judgment on the Pleadings

(a) The procedure for Motion for judgment on the pleadings shall be set forth in Rule 1028(c).

Comment:

Rule 1034 was rescinded and renumbered Rule 1034(a) on June 28, 2004

Rule* 1035.2 - Motion for Summary Judgment (Rescinded)

Comment:

Rule 1035.2 was rescinded and renumbered

as Rule 1035.2(a) on June 28, 2004.

Rule* 1035.2(a) - Motion for Judgment

(a)

The procedure for summary judgment motions shall be set forth in Rule 1028(c) except that

respondent shall have thirty (30) days from the filing date of the motion in which to file a reply

memorandum.

Comment: Rule 1035.2 was rescinded and renumbered Rule 1035.2(a) on June 28, 2004.

Rule* 1037- Assessment of Damages for Cost of Repairs to Property, Opening Judgment by Default

(b)(3) In

all actions in which the only damages to be assessed are the costs of repairs that have

been made to property, damages may be assessed in accordance with the provisions

of Pa.R.C.P. 1037(b). The Praecipe, affidavit of repairman, and affidavit of notice

shall be substantially the following form:

(i)

Form of Praecipe

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

Plaintiff

v.

No.

of20

Defendant Civil Action

PRAECIPE FOR ASSESSMENT OF DAMAGES

UNDERPA.R.C.P. 1037 (b) (2)

To the Office of Judicial Support:

Plaintiff(s) hereby waive(s) any other damages under the judgment entered except the cost of repairs made to

his (her, their) property, and he (she, they) request that damages be assessed as follows:

Cost of repairs:

_

Interest from plus costs.

TOTAL

TO Office of Judicial Support

Courthouse Media, Pennsylvania

(ii)

Assessment of Damages

And now, this day of_ AD. 20 _ plaintiff(s) having waived any other damages under the judgment

entered except the cost of repairs made to his (her, their) property, and having filed an affidavit of the

repairman containing an itemized repair bill, and having filed an affidavit of mailing of notice of this

assessment to the defendant(s), and the defendant(s) not having filed by written Praecipe a request for trial on

the issue of such

damages, plaintiffs damages are assessed as above in the sum of:

Office of Judicial Support

The Praecipe shall be accompanied by an affidavit of the repairman. The affidavit of the repairman shall contain

an itemized repair bill setting forth the charges for labor and material used in the repair of the property.

It

shall

also state the qualifications of the person who made or supervised the repairs, that the repairs were necessary,

and that the prices for labor and material were fair and reasonable and those customarily charged.

(iii) Form of Affidavit of

Repairman

being duly sworn according to law deposes and says that he has been engaged in the

business of motor vehicle repair work and/or the estimating of motor vehicle repair work for years; that he

made and/or supervised the repairs set forth in the attached repair bill, the contents of which are incorporated by

reference; that the said repairs were necessary and the prices for labor and material set forth were fair and

reasonable and those customarily charged.

Sworn to and subscribed

before me this

of A.D.20

Notary Public

day

My Commission Expires:

The plaintiff shall send a copy of the affidavit and repair bill to the defendant by registered or certified mail

directed to his last known address, together with a notice setting forth the date of the intended assessment of

damages, which shall be not less than 10 days from the mailing of the notice and a statement that damages will be

assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe

files with the Office of Judicial Support a request for trial on the issue of such damages. An affidavit of mailing

notice shall be filed.

(iv) Form of Affidavit of Mailing Notice

Commonwealth of Pennsylvania

County of Delaware

being duly sworn according to law, deposes and says that he is the attorney for the plaintiff(s);

that on (date) he sent by registered or certified mail to the defendant(s) at his (her, their) last known address(es)

a copy of the affidavit of the repairman and a copy of the repair bill, together with a notice that damages would

be assessed on or after (a date at least ten days after the date on which the notice was sent) in the amount of the

rep air bill unless prior to (the last mentioned date) the defendant had filed a written Praecipe with the Office of

Judicial Support requesting a trial on the issue of the damages.

(d)(l) A petition for relief from judgment entered for want of an appropriate pleading shall be accompanied

by the properly executed pleading in question.

Comment: Renumbered from former Rule *2959 October 29, 1988, effective immediately.

Renumbered January 28, 2016, effective 30 days after publication in the

Pennsylvania Bulletin.

Rule *1038 - Custody and Storage of Trial Exhibits

(a) The custody and storage of trial exhibits in a trial without a jury shall be dealt with in the same manner as

in a jury trial, pursuant to Local Rule *223.1.

Comment:

Adopted May 3, 2000.

Rule 1042.21 - Professional Liability Actions; Motions For Mediation

(A) The ADR Committee of the Delaware County Bar Association shall prepare a list of available co-mediators

it deems appropriate for mediation in professional liability actions subject to approval by the Court. The list

shall be updated annually by the Committee and resubmitted to the Court for approval.

(B) The Court Administrator shall designate the assigned co-mediators upon request by the Court.

(C) In the event the Court approves a motion for mediation and only if the parties have not agreed to a private

mediator(s), the Court shall request the Civil Court Administrator to designate co-mediators. The Court

shall thereafter order mediation, including in its Order the name, address, and telephone number of the co-

mediators. A copy of the Court order shall be forwarded to the Civil Court Administrator, and to the

selected co-mediators. If a co-mediator has a conflict of interest, or is unable to serve for any reason, then

the co- mediator shall immediately notify the Civil Court Administrator for purposes of further assignment.

(D) The co-mediators shall confer with each other and all counsel to establish the date, time, and place of the

mediation session pursuant to the Court's Order. Unless specifically requested by the co-mediators, the parties

shall not contact or forward documents to the co-mediators. Counsel who are primarily responsible for the

case and any unrepresented party shall attend the mediation session. All parties, insurers and principals of

parties of decision-making authority must attend the mediation session in person, unless their attendance is

excused by the co-mediators for good cause shown; in such an event, they must be available by telephone

during all mediation sessions. All parties, insurers, principals, and counsel must be prepared to fully discuss

all liability and damage issues and to participate in meaningful settlement negotiations.

(E)

The co-mediators, (generally comprised of an experienced member of the Plaintiffs Bar and an experienced

member of the Defense Bar), will jointly conference the case, attempting to facilitate settlement (utilizing

standard mediation practices, including shuttle diplomacy, caucusing, etc.), or they may give a neutral

evaluation. The co-mediators cannot be called as a witness as to the mediation of any issue arising therefrom.

All communications among the co-mediators, the parties, and/or their counsel shall remain confidential. Any

comments and/or opinions expressed by the co-mediators are advisory only. All counsel, parties, their agents

and/or representatives shall comply with these directives, including the foregoing terms and conditions

contained in this local Rule.

(F) No mediation proceedings, including any statement made or writing submitted by a participant, shall be

disclosed to any person who is not directly involved with the mediation session. The parties' settlement

positions and/or statements shall not be disclosed to the trial Judge unless mutually agreed to by the parties;

and, in the event the case involves a non jury trial, under no circumstances shall the parties' settlement

positions and statements be disclosed to the assigned Judge. No transcript or other recording may be made of

the mediation session, and the mediation proceeding shall not be used by any adverse party for any reason

including the litigation at issue.

(G) The moving party who sought mediation shall notify the Court and the Civil Court Administrator in writing at

the conclusion of the mediation process indicating whether or not a settlement has been reached.

(H) The moving party shall pay the cost of the co-mediators and shall pay each co-mediator directly. The rate of

compensation for each co-mediator is $150.00 per hour. The party who initially filed the motion for

mediation shall also pay a $50.00 non-refundable administrative fee paid to the Delaware County Bar

Association upon assignment of the co-mediators by the Court.

Comment:

All motions filed pursuant to this Rule are subject to the procedural requirements set forth in Rules

*205.2(a)(b); 208.1 and 208.2

Comment: Adopted December 20, 2004, filed for public inspection January 7, 2005.

Rule *1147- Complaint in Mortgage Foreclosure

The plaintiff shall attach to his complaint a copy of the notice required by §403 of the Loan Interest & Protection

Law (41 P .S. §403).

Rule *1301- Scope, Stipulations Amending Amount in Controversy

(a)

In accordance with §7361 of the Judicial Code (42 Pa. C.S.A.), as amended, all civil cases, to include

assessments of damages, where the amount in controversy, exclusive of interest and costs, does not exceed

$50,000.00 shall first be tried before a board of arbitrators. This rule does not apply to cases involving title to

real estate nor to other cases prohibited from reference to a board of arbitrators under existing law.

(b)

The amount in controversy originally pleaded cannot be reduced to a sum not in excess of $50,000.00 except

by stipulation of the parties or by order of court. If the case has already been assigned to a judge, the

stipulation must be approved by that judge. All such stipulations, whether requiring court approval or not,

shall be filed with the Office of Judicial Support and the Court Administrator.

Comment: Adopted October 25, 1990. Further amended April 6, 1993, effective June 1, 1993.

Rule *1302.- List of Arbitrators, Appointment to Board

(a)

The Delaware County Arbitration Committee shall prepare a list of available arbitrators subject to the

requirements of Pa.R.C.P. 1302(a) for approval by the court. This list shall be updated annually by the

Committee and resubmitted to the court for approval.

(b)

The Court Administrator shall appoint arbitrators from this list who have been approved by the court.

Comment: Readopted and amended April 13, 1993.

Rule *1303.- Hearing, Notice

(A)(l)

(i)

(ii)

(iii)

All arbitration cases will be assigned a date and time for hearing at the time of the initial filing by

the plaintiff or appellant from a judgment by a District Justice. The hearing date shall be the first

available date no less than 270 days from the date of initial filing.

A notice prepared and attached by the Office of Judicial Support shall indicate the hearing time and

date, which notice shall be attached at the time of initial filing. The aforementioned notice shall be

affixed both to the original and all service copies of the complaint or praecipe for writ of summons

or, in the case of appeal from District Justice judgments, the notice of appeal.

The notice attached by the Office of Judicial Support to the original filing shall also include the

following statement:

"This matter will be heard by a board of arbitrators at the time, date and place

specified but, if one or more of the parties is not present at the hearing,

the matter may be heard at the same time and date before a judge of

the court without the absent party or parties. There is no right to a trial de

novo on appeal from a decision entered by a judge."

(iv) In the case of a joinder complaint, the moving party shall provide to the parties being joined a

copy of the original notice setting forth the time, place and location of the arbitration hearing, as

well as a copy of the notice referred to in (a)(l )(iii).

(v) In no event shall less than thirty (30) days' written notice of the date, time and place of hearing

be given to the parties or their attorneys of record.

(b)(2) Should the court decide to hear the matter pursuant to Pa.R.C.P. 1303(b)(2), the trial court may choose to

(i)

enter a judgment of nonsuit if the plaintiff is not ready or fails to appear; or

(ii)

enter a judgment of non pros if neither party is ready or appears; or

(iii) hear the matter and make a decision, if the defendant is not ready or fails to appear.

(b)(3) Should a nonsuit be entered under this Rule, it is subject to the filing of a motion under Rule

*227. l(a)( 3) for post-trial relief to remove the nonsuit.

(b)(4) Should a judgment of non pros be entered under this Rule, it is subject to the filing of a petition

under Rule 3051 for relief from a judgment of non pros.

(b)(5) Should an adverse decision be entered under this Rule against a Defendant who failed to appear,

The Defendant may file a motion for post-trial relief which may include a request for a new

trial on the ground of a satisfactory excuse for the defendant's failure to appear.

Comment:

Amended January 9, 2007

(c)

When the amount in controversy, exclusive of interest, costs and delay damages, is reduced to a sum not in

excess of Fifty Thousand Dollars ($50,000.00) in accordance with the provisions of Rule *130l(b), the case shall

forthwith be assigned a hearing date no less than 60 days from the date on which the stipulation is filed or the date of

the court's order. The plaintiff shall promptly notify all other parties of the hearing date and time assigned by the

Court Administrator.

(d)

The plaintiff may apply to the court to have a case originally filed as an arbitration matter certified as a

non-arbitration matter. Such application shall be by motion filed in accordance with the provision of Rule

*206(B)l.

(e)

In the event a case is settled or otherwise concluded it shall be plaintiff's responsibility to give prompt

written notification thereof to the Court Administrator in the form of an order to settle, discontinue and end or

an application for continuance pending consummation of the settlement.

(f)

All motions, with the exception of applications for continuance, must be filed no later than thirty (30) days

before the hearing date.

Comment: Adopted February 9, 1999, clarified May 3, 1999.

Rule *1305 - Conduct of Hearing. Evidence

(b)(1) In addition to the items described in Pa.R.C.P. 1305(b)(1), and subject to all the provisions thereof, a party

may offer in evidence without further proof the following items:

(vii) photographs, models and other non-documentary exhibits. Where the nature of these exhibits is such

that it is not feasible to send a copy to the adverse party, an accurate description of the exhibits shall be

provided, and they shall be made available for reasonable inspection by the adverse party.

If

the moving

party receives no written objection thereto not less than 10 days prior to the trial date, this physical evidence

shall be admitted.

If

objection is made, the moving party may submit a written request to the Court

Administrator for reference to the appropriate judge.

Comment: Rule *1305 amended April 6, 1993, effective June 1, 1993; and February 1, 1996. [Amendment

of December 4, 1997 was rescinded as partially duplicative of Pa.R.C.P. 1305(b)(1) on January 23, 1998.]

Former Rule *1305 renumbered *1305(b)(1)(vii) and amended January 23, 1998.

Rule *1308(a)(2)- Appeal, Arbitrator's Compensation

Subject to the provisions of PA. R.C.P. 1308(a)(2) the Appellant shall pay to the Office of Judicial Support a

fee, said fee to be established by Order of the President Judge. Checks shall be made payable to the Treasurer

of Delaware County.

Comment: Amended April 6, 1993, effective June 1, 1993. Further amended December 4, 1997;

amended February 13, 2007

Rule *1531- Special Relief, Injunctions

(a)

In

non-emergency cases already assigned to a judge, applications for preliminary injunctions shall be

governed by the provisions of Rule *206(B)(3).

(b)

In non-emergency cases not yet assigned to a judge, applications for preliminary injunctions shall be by

petition, in conformity with Rule *206(B)(3), which shall be filed with the Office of Judicial Support to be

time-stamped and docketed and then brought to the Court Administrator by the applicant to obtain a

hearing date. Thereafter, the applicant will be notified of the scheduled hearing date by the Court. The

applicant, once notified, will thereafter notify all interested parties of the scheduled hearing date and time.

(c)

Where petitioner seeks a preliminary or special injunction prior to notice or hearing, his petition shall have

an appropriate order attached thereto. The Court Administrator will determine the appropriate judge to

whom the petitioner shall promptly present the matter.

(d)

Where a party against whom a preliminary injunction has been granted prior to notice or hearing shall move

to dissolve it prior to the date set by the court for hearing, either for insufficient security or for any other

cause, he shall give such notice of the hearing on his application to the petitioner as the court may direct.

This notice shall set forth the grounds for the applications to dissolve.

Comment:

Adopted October 25, 1990; amended May 5, 2000.

Rule *1534- Filing an Account and Exception to Accounts.

(a)

All trustees, committees, guardians, receivers, assignees for the benefit of creditors and all persons and

fiduciaries who shall be under obligation to file an account shall give notice of the filing and the time at

which the account will be called for confirmation to all persons in interest of whom the accountant shall

have knowledge. Unless otherwise provided by law, the Office of Judicial Support shall give notice once a

week for three successive weeks in the Delaware County Legal Journal and one approved newspaper that

the account will be presented to the court for confirmation and for an order of distribution at the time stated

in the notice, unless exceptions are filed with the Office of Judicial Support before that date. Upon due proof

being made of said publication, the accountant or his attorney of record shall present the account in open

court on the day fixed in said notice at which time, unless the account is marked "for information only," the

court may refer the account to an auditor, who shall proceed in manner similar to that prescribed

by Rule 1530(3) et seq, or the court may confirm the account nisi, subject to exceptions which may be filed

at or before the time of presentation of the account for confirmation. If no exceptions have been filed, the

account shall be confirmed as of course without further actions by the court.

If an account is marked "for information only" and no exceptions are filed, it shall not be confirmed but

shall remain on file.

Where the court shall sit to make distribution without appointing an auditor, a petition for distribution

shall be filed similar in form to petitions for distribution required by the Orphan's Court Division.

Whenever the court shall sit to pass on exceptions to an account or make distribution of any fund, where

there has been no auditor appointed, the accountant shall give notice at least 10 days prior to the time fixed

for the hearing to all parties in interest, including creditors, by registered mail to their last known address,

stating that all persons must prove their claims at such hearing or be barred from participating in the

distribution of the fund, and he shall certify to the court that such notice has been given.

Comment:

Amended January 28

th

, 2016. Effective upon publication on the UJS portal.

Rule *1558.- Masters in Partition

(b)

Masters in partition shall be members of the bar of this court who maintain their principal offices in this

county.

Rule *1910.3(4).-

Parties

(i)

In connection with any complaint for support or petition to modify or terminate a support order, affecting a

competent child over 18 years of age, the parent representing the interests of the child shall attach to said

complaint or petition the child's written consent in the form of an affidavit.

(ii)

The affidavit shall take the following form:

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA

Plaintiff

v.

Defendant

No. of20

Civil Action - Support

AFFIDAVIT OF CONSENT TO

PETITION FOR SUPPORT

I,

,

being

of_

years

of

age,

consent

to

having

,

my

my place and stead in a certain support action as filed at No.

I further authorize to appear in any proceeding on

my behalf related to the petition for my support. IN WITNESS,

I set my hand and seal

this_

day of20

Petitioner

Sworn

to

and

subscribed

before

me

this

day

of

,

20

Notary Public

I,

,

agree

to

act

for

and

on

behalf

of

as

above

authorized.

Attorney

, (relationship) act in

Rule *1910.9(c)-

Discovery

(1)

When the income and assets of a party are not sufficiently ascertainable from the information supplied

pursuant to Pa.R.C.P. 1910.9(b), 1910.16(b) and 1910.27, or when there are other compelling reasons,

discovery may he requested by motion, setting forth reasons and the specific discovery requested.

(2)

Discovery shall be requested only by written motion filed in the Office of Judicial Support with a copy to

the Domestic Relations Office. Upon its filing, said motion for discovery shall be scheduled for hearing by

the Domestic Relations Office not sooner than seven days from the service thereof pursuant to Pa.R.C.P.

440. Notice of the time for hearing shall be served with the motion.

(3)

The hearing officer shall hear these requests and make a recommendation. The procedure shall then follow

that provided in Pa.R.C.P. 1910.1l (f) et seq.

Rule *1910.ll(a)- Intake Conference, Hearing Conference, Guidelines

(1)

Upon commencement of an action (Pa.R.C.P. 1910.4), but prior to the conference referred to in Pa.R.C.P.

1910.11 (herein designated "hearing conference"), the Domestic Relations Officer or his designee shall

provide for service of the complaint in conformance with Pa.R.C.P. 411, and shall conduct an intake

conference. A notice in the following form shall be attached to the complaint.

Form of Notice of Office

Conference Notice: To (name of defendant)

You are directed to appear for an intake conference in the Domestic Relations Office at the Media Courthouse

on the

day of 20 at

o'clock .M.

By:

Domestic Relations Officer

You have the right to a lawyer, who may attend the conference and represent you. If you do not have a lawyer

or cannot afford one, go to or telephone the office set forth below to find out where you may get legal help.

Lawyer's Reference Service

Front and Lemon Streets

Media, Pennsylvania 19063

(610) 566-6625

Comment: See Pa.R.C.P. 411 for service particulars

(2)

At the intake conference, the Domestic Relations Officer shall obtain information from the parties with

respect to family history, income, expenses, and other pertinent information, as may be necessary to reach

an agreement between the parties, or to prepare for a hearing conference before the hearing officer. At the

intake conference the Domestic Relations Officer will make use of the court-approved guidelines for

assistance in determining an appropriate recommendation with respect to the amount of support. Copies of

the guidelines materials are available at the Domestic Relations Office.

(3)

If no agreement is reached at the intake conference, or the defendant fails to appear, the Domestic Relations

Officer shall schedule a hearing conference and serve the defendant pursuant to Pa.R.C.P. 440 with an order

in form as required by Pa.R.C.P. 1910.2 6(b). At the hearing conference each party shall produce a

completed guidelines worksheet.

Comment: Amended September 27, 1988, effective immediately.

Rule *1910.13- Contempt

(a)

If the alleged disobedience constitutes failure to appear or to produce records at a hearing, an application for

a bench warrant or to hold the person in contempt may be made upon oral motion in open court prior to the

call of the case or upon commencement of the hearing.

(b)

Except as provided in section (a), proceedings shall be by way of petition and rule to show cause. The

petition shall aver the terms of the order which the person is alleged to have disobeyed and the facts alleged

to constitute the disobedience.

Comment: The power of the court to exercise its contempt power sua sponte is unaffected by this Rule.

Rule *1910.15. - Paternity

(a)

The Domestic Relations Division shall conduct an intake conference. If the defendant acknowledges

paternity, the action shall then proceed under Pa.R.C.P. 1910.11. If the defendant denies paternity, the

intake officer shall provide both parties with a notice of their right to a blood test and trial by jury in the

form provided by Rule *1910.28(b).

(b) If

a party requests a blood test as authorized by the Judicial Code, 42 Pa. C.S.

§

6131 et seq., and the

parties agree on this issue and the payment of the expense, they shall enter into a stipulation to this effect.

An order shall then be entered for the testing in the form provided in Rule *1910.28(c).

Comment:

Regardless of the agreement of the parties as to who initially will bear the expense of the blood

test, the court has the authority to tax the expense as costs upon conclusion of the action.

(Judicial Code 42 Pa.C.S. §6135).

(c) If

the parties are unable to stipulate to paternity the matter shall be listed by the Domestic Relations

Division for a hearing before a judge. The judge shall enter an appropriate order in the form provided in

Rule *1910.28(c).

(d) The results of the blood test shall be returned to the Domestic Relations Division which will forward them

to the parties or their counsel. The matter shall then be listed for a hearing before a judge by the Domestic

Relations Division, unless the putative father has not been excluded by the blood test and demands a trial

by jury, in which event the action shall be transferred to the Court Administrator's Office for jury trial

assignment.

(e) Should the defendant deny paternity and neither party request a blood test, the case shall be listed for a

hearing before a judge by the Domestic Relations Division, unless the putative father demands a trial by

jury, in which event the action shall be transferred to the Court Administrator's Office for jury trial

assignment.

Rule *1910.19- Modification of Existing Orders

(b) The petition shall proceed directly to hearing before a hearing officer unless a request for a conference is

made in the petition.

Rule *1910.21

-

Civil Contempt

(a)

(3) The Lawyers' Reference Service, Front & Lemon Streets, Media, Pennsylvania 19063,

(610) 566-6625, is designated as the agency to be named in the notice.

(4) The petition shall have attached a rule together with the notice. The rule shall be substantially

in the following form:

RULE

Effective (date), upon consideration of the within petition, it is hereby ordered that a rule is issued upon the

respondent to show cause why he/she should not be held in contempt of court.

Rule returnable and hearing in accordance with the attached notice.

By the Court:

J.

(b) In lieu of attaching a copy of the support order or official statement of arrearages the petition may

aver the terms of the order and the amount of arrearages. At the hearing the official records shall be

available.

Comment: Amended June 28, 2004.

Rule *1910.28(b)- Form of Notice of Right to Trial on Issue of Paternity

The following notice and order shall be used in lieu of the form of notice provided in Pa.R.C.P. 1910.28(b).

Form of Notice for Blood Tests:

IN THE COURT OF COMMON PLEAS OF

DELAWARE COUNTY, PENNSYLVANIA

Plaintiff

v.

Defendant

No. of 20

Civil Action - Support

NOTICE OF RIGHTS TO BLOOD TEST AND TO

TRIAL ON ISSUE OF PATERNITY

The defendant has not acknowledged paternity of the child, born on in

(City and State), to (Mother).

(a)

The parties are advised of their right to blood testing pursuant to the Judicial Code, 42 Pa. C.S.A. 6131,

et seq.

(b)

The parties are advised of their right to a trial by jury to determine the issue of paternity, and to have an

attorney represent them on the issue of paternity.

(c)

The parties further are advised that the trial on the issue of paternity shall be without a jury unless a party

demands a trial by jury, in writing, within ten (10) days from the date of this notice on the separate form attached.

Domestic Relations Officer

Date:

I

acknowledge

receipt

of a

copy

of

this

notice

this

day

of

,

20

Plaintiff:,

_

Defendant:

_

Form of Order for Blood Tests:

IN THE COURT OF COMMON PLEAS OF

DELAWARE COUNTY, PENNSYLVANIA

Petitioner

No.

-------

vs.

Respondent _• _ Civil Action - Support

ORDER

of20

AND NOW, this

day

of

,

20

, upon denial of paternity by the respondent, and upon petition

by

,

the

court

makes

the

following

ORDER:

The petitioner and respondent and the minor child whose paternity is in question, are hereby ordered to submit to

blood grouping tests, red cell typing and human leucocyte antigen testing (42 Pa. C.S.A. 6131 et seq.) .such blood

tests to be performed by qualified experts. ·

The blood tests are to be taken by and made under the auspices of and at

on the day of ,20_, at

AM/PM.

By the Court:

J.

Form of Order for Blood Tests:

IN THE COURT OF COMMON PLEAS OF

DELAWARE COUNTY, PENNSYLVANIA

Petitioner

No.

-------

vs.

Respondent _• _ Civil Action - Support

ORDER

of20

AND NOW, this

day

of

,

20

, upon denial of paternity by the respondent, and upon petition

by

,

the

court

makes

the

following

ORDER:

The petitioner and respondent and the minor child whose paternity is in question, are hereby ordered to submit to

blood grouping tests, red cell typing and human leucocyte antigen testing (42 Pa. C.S.A. 6131 et seq.) .such blood

tests to be performed by qualified experts. ·

The blood tests are to be taken by and made under the auspices of and at

on the day of ,20_, at

AM/PM.

By the Court:

J.

Rule *1910.29(b) - Notice to Obligor Concerning Disclosure of Arrearages

Notice to an obligor that the amount of his arrearages is to be made available to a consumer credit bureau

organization requesting this information pursuant to 23 Pa. C.S. §4303, shall be sent by first class mail to the

obligor at his last known address by the Domestic Relations Division. This notice shall be in substantially the

following form:

We have received an inquiry concerning your arrearages from a consumer credit bureau

organization. Our records show that as of (date) your arrearages amount to $ . You have

twenty (20) days from date of this notice in which to notify the Domestic Relations Division, in

writing or in person, that you contest the accuracy of this information before it is provided to the

requesting organization.

If you pay your arrearages in full within this period, no information concerning them will be

provided to the requesting organization.

Actions for Custody, Partial Custody and Visitation of Minor Children

Comment: The following changes in procedure for Custody cases in Delaware County Court

of Common Pleas were approved by President Judge A. Leo Sereni on June 18, 1996 to be

effective July 1, 1996:

(I) The following cases will scheduled before the custody conciliators:

A. New Cases.

B. Older cases that have been in the inventory for a significant amount if time.

C. Evaluation issues.

D. Enforcement Issues.

E. Emergency cases – (with the understanding that the Family Court Judges will

initially screen the case to determine if it is an emergency.)

(II) If there is an agreement of the parties and counsel at the initial conciliation, a triplicated

agreement will be completed by counsel at this conference and will be immediately sent

to a Family Court Judge for signature.

(III) If there is no agreement, the parties will be given notice of the date, time and place for a

second conciliation conference/hearing. At the hearing, testimony may be taken if requested

by counsel/parties, so as to conform with the Pennsylvania Rules of Civil Procedure. If an

agreement is reached, the procedure set forth above will occur; if no agreement is reached, the

Custody Conciliator shall prepare a Recommendation - (in triplicate form) which will become a

Temporary Order of Court immediately. Any party may, within 10 days, file a Demand for

Hearing.

Rule *1915.4-1 Custody Proceedings, Appointment of Conciliator

(d)

A Custody Conciliator shall be appointed by the Board of Judges. All custody proceedings shall

be listed for a conference before the Conciliator prior to being assigned to a judge. The parties

to the case and if represented, their counsel, shall attend.

(e)

Agreements reached as a result of the conference shall be submitted in form of stipulation and

proposed order to the Custody Conciliator, who will present the stipulation and order to

the court with a recommendation.

(f)

Cases not resolved at the initial conciliation conference may be continued and relisted by the

Custody Conciliator for further conferencing, or may be forwarded to the court for hearing on the

merits. When cases are forwarded for court hearing the Conciliator will submit a brief synopsis of

he case as part of a letter of transmittal.

(g)

If, after proper service and/or notification, a party fails to appear at a conciliation conference, the

Conciliator will report to the court and may recommend that the court impose appropriate sanctions.

(h)

A party may offer into evidence without further proof the following items:

(1)

Reports and correspondence and records from physical health providers, educators, law enforcement

departments and related officials if said documents are provided to opposing counsel or pro se party at

least twenty (20) days before the scheduled hearing. If the moving party receives no written objection

thereto not less than ten (10) days prior to the trial date, this evidence shall be admitted without the

necessity of testimony from the scrivener. If objection is made, the party requesting the admission of said

evidence may submit a specific written request for an evidentiary ruling to the Court Administrator for

referral to the appropriate Judge. In no event shall the scheduled hearing be delayed as a result of the

application of this rule.

(2)

Reports and correspondence from mental health providers and custody evaluators if said documents

are provided to opposing counsel or pro se party at least twenty (20) days before the scheduled hearing. If

the moving party receives no written objection thereto, not less than ten (10) days prior to the trial date,

this evidence shall be admitted without the necessity of testimony from the scrivener. If objection is made,

the party requesting the admission of said evidence must be prepared to present the person whose

testimony is waived by this Rule. In no event shall the scheduled hearing be delayed as a result of the

application of this Rule.

Comment: Local Rule 1915.3 rescinded and entirely replaced with Local Rule 1915.4-1

June 30, 2016. Effective 30 days after publication in the Pennsylvania