PA · rules
Lehigh Cnty. C.P. Civil Court Local Rules Rule 510
Filing of Legal Papers with Confidential Information
Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of
Pennsylvania: Case Records of the Appellate and Trials Courts, persons who file documents that
contain confidential information as defined by the Policy shall use and file a Confidential
Information Form, along with the redacted document, in order to comply with the Policy. The
Confidential Information Form shall be available in each filing office as well as on the court’s
website at www.lccpa.org.
Rule 1012 Appearances.
(a) The first pleading filed by any party in a case shall have endorsed thereon an address in the
commonwealth at which all papers and notices thereafter may be served upon that party. The
first pleading filed by an attorney on behalf of a party shall constitute the attorney’s entry of
appearance for that party, and shall have endorsed thereon the attorney’s supreme court
identification number and an address in the commonwealth at which all papers and notices
thereafter may be served upon said attorney on behalf of that party. Subsequent filings by other
counsel on behalf of that party shall not have the effect of an entry of appearance unless a
praecipe for appearance is filed with the clerk of courts.
(b) A change of address of an attorney of record may only be accomplished by filing a written
request with the clerk of courts, directing that the clerk's attorney file be updated to reflect the
attorney’s change of address. The request must be on the attorney’s letterhead, shall be signed by
the attorney, and shall contain the attorney’s full name, Supreme Court identification number and
new address. When a law firm changes its address, each attorney employed by said firm shall
comply with this procedure.
Rule 1018.1 Notice to Defend.
The following shall be designated in the notice to defend contained in a complaint filed
by a plaintiff and a complaint filed by a defendant against an additional defendant as the
organization from whom legal referral can be obtained, as required by Pa.R.C.P. 1018.1:
Lawyer Referral Service
1114 West Walnut Street
Allentown, Pennsylvania 18102
Telephone No. 610-433-7094
Rule 1021 Claim for Relief-- Accounting.
If the court orders a party to account under Pa.R.C.P. 1021, the procedure shall be
governed by Leh.R.C.P. 1530.
Rule 1028(c) Preliminary Objections.
(1) Preliminary objections shall be filed with the clerk of courts, served upon the adverse parties or
their counsel, and a time-stamped copy thereof shall be delivered to the court administrator’s
office for delivery to the assigned judge.
(2) Preliminary objections must be accompanied by a brief in support thereof unless factual issues
are raised, in which case the procedure set forth in (4) shall be followed. Failure to file a brief
may result in automatic dismissal of the preliminary objections.
(3) Within twenty (20) days after service of the preliminary objections, the adverse parties or their
counsel shall file an amended pleading or a responsive brief with the clerk of courts, serve same
upon the opposing parties or counsel, and deliver a copy to the court administrator’s office for
delivery to the assigned judge.
(4) Preliminary Objections raising factual issues
(i) Preliminary objections which assert facts not otherwise of record, including but not limited to, an
objection under Pa. R.C.P. 1028 (a) (1), (5), or (6) shall be endorsed with a notice to plead
pursuant to Pa. R.C.P. 1361. Such preliminary objections shall state specifically in underlined
capital letters: THESE PRELIMINARY OBJECTIONS ASSERT FACTS NOT OTHERWISE
OF RECORD.
(ii) Any response thereto shall be filed with the clerk of courts, and a time-stamped copy delivered to
the court administrator’s office. If an answer is filed and served, the moving party or any other
party wishing to do so, shall supplement the record with the necessary facts by affidavit or
deposition within thirty (30) days from the filing of the answer, unless a hearing is required by
the court.
(iii) Within fourteen (14) days 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 hearing the moving party shall file a brief in accordance with these rules. The
opposing party shall file its brief within fourteen (14) days thereafter.
Rule 1034(a) Motion for Judgment on the Pleadings.
(1) A motion for judgment on the pleadings shall be filed with the Clerk of Courts,
Civil Division, and shall be accompanied by a supporting brief. A Copy of the
motion and brief shall be delivered to the court administrator’s office for
transmittal to the assigned judge.
(2) Any party opposing the motion shall file a response along with a supporting brief,
within twenty (20) days after service of the motion. If a response is not filed as
provided above, the court may treat the motion as uncontested.
(3) If movant does not file a supporting brief, the non-moving party need not do so,
and the court may consider the movant to have abandoned the request for relief.
(4) After a response to the motion is filed or after the response period has elapsed, the
assigned judge may schedule the motion for oral argument. If so, written notice of
the argument date will be given to counsel for the parties and to any
unrepresented parties.
Rule 1035.2(a) Motion for Summary Judgment.
(1) A motion for summary judgment shall be filed with the clerk of courts, and shall
be accompanied by a supporting brief. A copy of the motion and brief shall be
delivered to the court administrator’s office for transmittal to the assigned judge.
(2) Any party opposing the motion shall file a response along with a supporting brief,
within thirty (30) days after service of the motion. If a response is not filed as
provided above, the court may treat the motion as uncontested.
(3) If movant does not file a supporting brief, the non-moving party need not do so,
and the court may consider the movant to have abandoned the request for relief.
(4) After a response to the motion is filed or after the response period has elapsed, the
assigned judge may schedule the motion for oral argument. If so, written notice of
the argument date will be given to counsel for the parties and to any
unrepresented parties.
Rule 1037 Judgment by Default.
(a) Where a rule to show cause has been obtained or a demand made or a notice to plead given under
any applicable court rule or statute, the neglect of which entitles a party to a judgment, the clerk
of courts shall enter such judgment upon praecipe by the party not in default, which praecipe
shall set forth all the facts substantiating the present right to said judgment and include a
certification as to the addresses of the parties. Assessment of damages shall be in accordance
with Pa. R.C.P. 1037.
(b) A petition to open or strike off a judgment shall not operate to stay proceedings unless the court,
in its discretion, grants a stay of proceedings. As a condition of such stay, the court may require
the posting of security, whether or not execution has issued.
Rule 1037.1 Liability for Costs.
(a) Liability to the clerk of courts, sheriff, or other official for costs shall rest primarily on the party
or attorney incurring such costs, and such primary liability shall continue until the costs are paid,
notwithstanding any award of costs allowed by rule of law or order of court.
(b) No case shall be marked "settled" or "discontinued" unless and until all record costs have been
paid in full.
Rule 1037.2 Bill of Costs. Taxation.
(a) A bill of costs for attendance of witnesses, service of subpoenas, and other
expenses recoverable according to law or rule of court must be filed in the office
of the clerk of courts, as may be appropriate, within ten (10) days after the trial,
continuance or failure to reach the case, and a copy thereof shall be forthwith
served upon all adverse parties or their attorneys. In equity hearings and trials
without jury where an adjudication or decision is delayed by the court, a bill of
costs will be deemed timely if filed within ten (10) days after entry of the
adjudication or decision on the docket.
(b) Bills of costs shall bear the correct caption of the action and must contain the
names of witnesses, the days of attendance, the number of miles traveled by each
witness, and sufficient information to support all items of expense for which
recovery is sought. The bill of costs shall be verified by the party or counsel of
record, who shall state under oath, that the expenses listed are accurate and
correct and that the witnesses listed were actually present in court on the days
alleged and that in the opinion of the deponent their testimony was material.
(c) A party upon whom a bill of costs has been served may, within ten (10) days, file
exceptions thereto and demand that the same be taxed by the clerk of courts.
Other items of cost may be taxed in the same manner. The clerk of courts shall
thereupon fix a time and place for hearing, which hearing shall be not later than
thirty (30) days after demand therefor. Each party shall be given at least ten (10)
days notice of the hearing. Prior payment of costs shall not constitute a waiver of
the rights conferred by this rule.
(d) Either party may appeal from the decision of the clerk of courts to the court
within ten (10) days after notice of the decision. The appeal shall contain a
specification of the items to which exception is taken and the reasons in support
thereof and shall be accompanied by a praecipe placing the matter on the next
available argument list. Copies of the appeal papers shall be served upon the
adverse parties or their attorneys.
(e) Execution on a judgment will not be stayed pending proceedings to tax the costs
or during an appeal therefrom unless the court shall so order, but any sum or sums
collected on execution which represent items of costs which are then in dispute
shall be paid to the clerk of courts, as may be appropriate, to be held pending the
final outcome of the proceedings to tax such costs.
Rule 1054 Specific Averments -- Action in Ejectment.
If the action in ejectment is commenced by filing a praecipe for a writ of summons, there
shall be filed with the praecipe a copy of the description of the land for insertion in the writ.
Rule 1081 Concealment of Property; Examination of Defendant -- Action of
Replevin.
Where a petition is presented to the court for examination of a defendant pursuant to
Pa.R.C.P. 1081, the court may order the taking of the testimony by oral examination or written
interrogatories as prescribed by the rules relating to Depositions and Discovery, Pa.R.C.P. 4001,
et. seq. The clerk of courts shall issue as of course a subpoena to testify.
COMPULSORY ARBITRATION
Rule 1301 Compulsory Arbitration - Scope.
(a) All civil actions which are subject to compulsory arbitration under the Judicial Code, in which
the amount in controversy, exclusive of interest and costs, is Fifty Thousand ($50,000.00)
Dollars or less, shall be submitted to compulsory arbitration.
Comment
Actions in ejectment, unless involving title to real property, are subject to compulsory
arbitration.
(b) The amount in controversy shall be the largest amount claimed in any single count of the
pleadings by any party.
(c) The court, upon the written motion of any party, or upon its own motion, may require that a case
for which a trial is demanded be first submitted to compulsory arbitration pursuant to these rules.
Rule 1302 Compulsory Arbitration - Arbitrators.
(a) A list of available arbitrators shall be prepared by the Court Administrator. The list shall consist
of a sufficient number of members of the bar of Lehigh County who express a willingness to
serve and who are actively engaged in the practice of law primarily in Lehigh County in
accordance with Pa.R.C.P. 1302(a).
(b) Each attorney who satisfies the requirements of Rule 1302(a) may submit his or her name to the
court administrator who shall, with the approval of the administrative judge-civil division, assign
said attorneys to various permanent arbitration panels. The composition of the panels may be
changed from time to time as may be deemed appropriate by the court administrator, with the
approval of the administrative judge-civil division.
(c) Each panel so comprised shall consist of five (5) attorneys, three (3) of whom shall be the
assigned arbitrators, and two (2) of whom shall be substitutes. The chairperson of each panel
shall have been actively engaged in the practice of law in this court for at least three (3) years.
Should a substitution of an assigned arbitrator be necessary, he or she shall arrange for one of the
two substitutes to be present at the arbitration. Should neither of the two substitutes of the panel
be able to sit, the assigned arbitrator may arrange for a substitute from a list of court-approved
permanent substitute arbitrators. A panel member who cannot sit and who has made the proper
arrangements for a substitute shall notify, in writing, the other panel members and counsel for all
parties or the parties themselves if unrepresented by counsel. In addition, a copy of this writing
shall be mailed to the court administrator.
(d) Each arbitrator will be compensated such rate as may be set by the court from time to time by
administrative order.
Rule 1302.1 List of Arbitrators.
(a) The court administrator shall prepare and maintain a permanent roster of available
arbitrators which shall be designated "List of Arbitrators" and shall contain the
names of all attorneys who have met the qualifications set forth in Leh. R.C.P.
1302(a), supra, together with the date of admission to the bar of this court.
(b) The court administrator shall prepare and maintain a permanent roster of available
chairpersons of boards of arbitrators which shall be designated "List of
Chairpersons of Boards of Arbitrators" and shall contain the names of all
attorneys who have met the qualifications of Leh. R.C.P. 1302(b), supra.
(c) Both of the lists mentioned in (a) and (b) above shall be organized in
chronological order according to the date on which each attorney has become
eligible for inclusion therein with the attorney having the earliest date of
eligibility listed first. In the event two or more attorneys have become eligible on
the same date, they shall be listed in alphabetical order.
(d) As each attorney listed on the "List of Arbitrators" completes three (3) years of
active practice in this court, the name shall be added to the "List of Chairpersons
of Boards of Arbitrators" and the date of the listing noted behind the name.
(e) An attorney whose name is contained on either or both of the lists above-mentioned may resign from either or both lists by letter addressed to the court
administrator, whereupon the court administrator shall note the resignation and
date thereof on the appropriate list or lists behind the attorney's name.
(f) The court administrator shall also note all deletions from the aforementioned lists
whether by death, removal of principal office from Lehigh County, cessation of
active practice in this court, suspension from practice or disbarment and the date
thereof.
Rule 1302.2 Special Lists.
The court may from time to time establish special lists of arbitrators who by virtue of
seniority and experience in specific fields of the law are particularly qualified to serve as
arbitrators in particular types of cases as for example, medical and legal malpractice cases,
products liability cases and construction contract cases.
Rule 1302.3 Composition of Boards of Arbitrators.
(a) Each board of arbitrators shall be composed of one attorney from the "List of Chairpersons of
Boards of Arbitrators" and two attorneys from the "List of Arbitrators".
(b) Substitutions shall be made from the appropriate list or lists by the court administrator.
(c) Appointments to boards of arbitrators shall be made by the court administrator in the order in
which the names appear on the respective lists.
(d) If an appointed arbitrator cannot serve at the time and place designated, the attorney shall, unless
prevented by matters beyond his or her control, notify the court administrator at least five (5)
days in advance of the date upon which the hearing has been scheduled. That attorney shall then
be appointed an arbitrator at the first opportunity thereafter. If any arbitrator fails to give notice
as aforesaid or simply fails to appear at a scheduled arbitration, his or her name shall be passed
over and that attorney shall not receive another appointment until his or her name reappears for
appointment in due course. If any arbitrator is guilty of such a failing a second time, the
attorney's name shall be removed from the appropriate list or lists and he or she shall not
thereafter serve as an arbitrator until reinstated upon application to the court.
Rule 1302.4 Notification of Appointment of Arbitrators.
The court administrator shall mail a copy of the appointment of a board of arbitrators to
each arbitrator appointed, each attorney of record and in the event a party is not represented by
an attorney to such party at his last known address by regular mail and file of record proof of
such notice.
Rule 1302.5 Compensation of Arbitrators.
(a) For the first hearing, the arbitrators shall receive compensation as set by
administrative order of this court.
(b) Where more than one hearing becomes necessary, additional compensation may
be allowed at the discretion of the court upon petition and cause shown by the
chairperson on behalf of all of the members of the board. Such a petition shall be
presented to the administrative judge of the civil division of the court.
(c) No compensation shall be allowed when settlement occurs prior to the hearing,
when counsel and the arbitrators report for a hearing and a settlement is
announced or when no testimony is received at the hearing. In such cases,
however, that panel of arbitrators shall be assigned another case at the first
opportunity.
Rule 1303 Hearing.
(a) Arbitrations will be held on the date and at the time and place prescribed by the
court administrator.
(b) The Clerk of Judicial Records—Civil Division shall notify all attorneys of record
of the date, time and place of the hearing by email addressed to the attorneys'
email address of record. If a party is not represented by counsel of record, that
party shall be given notice by email addressed to the party's email address of
record. The Clerk of Judicial Records—Civil Division shall file of record proof of
such notice.
Notice shall be given to the parties or their attorneys of record at least thirty (30) days
prior to the scheduled arbitration. The Court Administrator shall, by email addressed to the email
address on file with the Court Administrator, notify all arbitrators assigned to an arbitration panel
of the dates on which the arbitration panel is assigned to hear arbitration cases and the location of
the arbitration hearings. In addition, prior to the scheduled arbitration date, the Court
Administrator shall, by said email, send all of the arbitrators assigned to the arbitration panel a
list containing the names of the cases to be heard, the names of the parties and the names of all
counsel for the parties. In the event any of the arbitrators believes that he/she has a conflict of
interest in connection with hearing any particular case, the arbitrator shall immediately notify the
Court Administrator in writing that the arbitrator believes there is a conflict of interest and the
reasons therefore, with a copy to all counsel or unrepresented parties involved in the particular
case.
(c) On the date of the arbitration hearing, all counsel should check in with the
representative of the court administrator’s office located at the site of the
arbitration. Cases in which all parties have checked in and have indicated they are
ready to proceed will be assigned to a panel for hearing, by the representative of
the court administrator’s office after consultation with the panel chairman. All
cases on the list are intended to be reached, and all counsel should be prepared to
commence their case at the time they are directed to report for the arbitration.
(d) In the event that the panels of arbitrators are unable to reach all of the cases
scheduled for arbitration on a particular day, the arbitration hearing for those
cases that are not reached shall be continued by the court administrator’s office to
the morning of the next available date for arbitrations generally. In the event that
an arbitration hearing has been commenced but is not concluded on the day
scheduled for the arbitration hearing, the arbitration hearing shall be continued to
the morning of the next available date that the same members of the arbitration
panel which commenced hearing the case are scheduled and available to hear
arbitration cases.
(e) The written notice provided for above shall 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.”
Rule 1303.1 Continuances.
(a) Any application for a continuance of a scheduled arbitration hearing shall be
presented on the approved continuance request form to the administrative judge,
civil division, or his designee, at least five (5) days prior to the arbitration date.
The continuance request must be on a form approved by the court, and shall
contain all of the reasons for the request for continuance. Amplification of
reasons, by letter or in person, will not be considered by the court. The application
for continuance will not be considered unless it contains the position of opposing
counsel, either by signature of the opposing counsel or by verification of the
counsel presenting the request for continuance. Good cause shall be required for
continuance of an arbitration hearing. The filing of a pre-trial motion after a case
has been scheduled for arbitration will not result in an automatic continuance of
the arbitration hearing.
(b) If the application for continuance of a scheduled arbitration hearing is granted, the
court administrator shall select and set a date certain for the arbitration hearing to
be held. Counsel may select a date certain for the continuance of the arbitration
hearing from a list of available dates provided by the court administrator’s office,
provided that all counsel agree to said date. A selection of a date certain certifies
to the court that the date has been cleared with opposing counsel and the court
administrator. Continuances will not be granted from a date certain selected by
counsel.
(c) If an application for continuance is not made at least five (5) days prior to the
arbitration hearing, then a continuance shall only be granted by the court for good
cause which was not apparent five (5) days prior to the date set for the arbitration
hearing.
Rule 1303.2 Scheduling of Arbitration Hearing: Notice.
(1) A matter subject to compulsory arbitration shall be listed for hearing by (1)
praecipe of any party when the pleadings are closed or the time for filing
pleadings has ended, and there are not any outstanding motions requiring
disposition by the court, or by (2) the court administrator under circumstances
hereafter described.
(2) By Praecipe of Any Party
A party may, following compliance with the discovery notice herein required, request
that a matter be scheduled for arbitration by using forms provided by the clerk of courts, civil
division for such purpose.
(i) A party shall not praecipe a case for arbitration until the party has served
upon opposing counsel and any unrepresented parties a notice of intent to
request arbitration. Within twenty (20) days after the date of the notice, a
party desiring any additional discovery shall notify other counsel and
unrepresented parties of the scope and nature of such additional discovery.
Discovery must be completed within 120 days from the giving of notice to
pursue additional discovery.
(ii) If no discovery request is sent within twenty (20) days after the date of the
notice of intent to arbitrate, a party may praecipe the case for arbitration
by filing same with clerk of courts.
(iii) If a discovery request is made, a party may praecipe the case for
arbitration upon completion of discovery or the expiration of 120 days
from the giving of the notice to pursue discovery, whichever comes first,
unless the time for discovery is extended by the court.
(iv) A party shall not be required to serve notice of intent to request arbitration
if the matter has been pending for a period one (1) year or more.
(v) Notwithstanding the foregoing, discovery in cases involving district
justice appeals shall be completed within sixty (60) days from the filing of
the appeal.
(3) As Set by the Court Administrator
The court administrator may schedule matters for arbitration under the following
circumstances:
(i) All matters that are appeals from a district justice decision may be
scheduled for arbitration hearing sixty (60) days after the appeal is taken,
unless there are outstanding pleadings, motions, petitions, or other matters
that require court disposition. The parties to a district justice appeal shall
file pleadings and complete discovery within sixty (60) days of the date of
the appeal.
(ii) All other matters which are subject to compulsory arbitration may be
scheduled for arbitration hearing no later than one (1) year after the
commencement of the action, unless there are outstanding motions,
petitions, or other matters that require court disposition. The parties to an
action which is subject to compulsory arbitration shall file all pleadings
and complete all discovery within six (6) months of the date of the
commencement of the action, unless the time for completion of discovery
has been extended by the court upon motion of any party.
(4) In the event one or more parties do not appear for the scheduled arbitration, the
remaining parties may consent to having the judge assigned to monitor the case
hear the matter on the same date as the scheduled arbitration hearing. It shall be
discretionary with the judge whether to hear the case as requested.
(5) The filing of dispositive motions within thirty (30) days of the scheduled
arbitration hearing shall not be grounds for continuance of the hearing unless
good cause is shown.
Rule 1304 Conduct of Hearing, General.
(a) The board of arbitrators shall have no power to allow amendment of pleadings,
allow the addition or substitution of parties or rule on preliminary objections,
motions for judgment on the pleadings or motions for summary judgment.
(b) Procedural rules described in Pa. R.C.P. 1304 shall apply to the conduct of
arbitration hearings.
(c) Parties may present agreements on awards to be entered by the arbitrators orally
on the date of hearing, or in writing prior thereto.
(d) If it appears at the arbitration hearing that any defendant has not been properly
served, judgment shall be entered for that defendant.
(e) If it appears at the arbitration hearing that a complaint has not been filed,
judgment shall be entered for the defendant.
(f) If it appears at the arbitration hearing that a defendant has appealed a district
justice judgment, and has not served a rule to file a complaint upon the plaintiff,
an award shall be entered in favor of the plaintiff.
Rule 1305 Conduct of Hearing, Evidence.
(a) Initially all rulings on objections to evidence or on other issues which arise during
the hearing shall be made by the chairperson of the board of arbitrators, and such
rulings shall be final unless one of the other arbitrators disagrees with the same. In
the latter instance, the arbitrators shall consult and vote, and the final ruling shall
be that of the majority.
(b) Following the hearing, the chairperson of the board of arbitration may release to
the respective parties the exhibits introduced.
(c) Evidentiary rules described in Pa.R.C.P. 1305 shall apply to the conduct of
arbitration hearings.
Rule 1306 Award -- Delay Damages.
(a) Arbitrators may consider the subject of damages for delay pursuant to Pa.R.C.P.
238 after a decision had been reached on the merits and has been entered on the
award form.
(b) After the amount of the award has been so entered, the board shall make a
determination as to damages for delay in accordance with Pa.R.C.P. 238 by
accepting a sealed envelope containing a stipulation setting forth whether an offer
was made in writing and if so, the amount as well as the date of the offer.
(c) If damages for delay under Pa.R.C.P. 238 are awarded, the amount thereof shall
be added to the principal amount awarded, but shall be separately stated on the
award.
Rule 1307 Costs.
Witness fees and costs shall conform to fees and costs pertaining to civil actions in the
Court of Common Pleas of Lehigh County.
Rule 1308 Appeals from Arbitration.
All appeals compulsory arbitration must be timely filed with the Clerk of Judicial
Records—Civil Division accompanied by payment in the amount of $750.00 or 50% of the
amount in controversy, whichever is less. Appellant shall contemporaneously provide a copy of
the appeal to the Court Administrator's office.
Rule 1534 Accounting by Fiduciaries.
(1) When a receiver, assignee or other fiduciary files an account, notice shall be given
of the intention to apply for confirmation thereof not less than twenty (20) days in
advance of such application.
(2) Notice to all parties in interest shall be given by certified mail unless the court
otherwise directs and proof of service shall be filed with the application for
confirmation.
Rule 2039 Settlement, Compromise and Discontinuance of all Non-Death Action
Cases in Which Minors Have an Interest.
(a) All actions in which a minor has an interest, except wrongful death and survival
actions governed by Leh.R.C.P. 2206, shall not be settled, compromised, or
discontinued until entry of a decree in the civil division or orphans' court division
of this court as hereinafter provided, upon petition in accordance with this rule.
(b) If suit has been instituted in the civil division of this court, all petitions for
settlement, compromise or discontinuance of a minor's action shall be handled by
the administrative judge of the orphans’ court division, unless the civil judge
assigned to the case directs otherwise.
(c) If no suit has been instituted and if the minor is a Lehigh County resident, all
petitions for settlement, or compromise of a minor's claim shall be handled by the
administrative judge of the orphans' court division.
(d) Contents of Petitions
(1) Regarding non-structured settlements:
(i) the minor's name, date of birth and where and with whom s/he
currently resides;
(ii) the names and addresses of both of the minor's parents;
(iii) delineation of the factual circumstances of the case; i.e. date of
accident/injury, how it occurred; identification of defendants, etc.
(iv) the nature and extent of the minor's injuries; the current diagnosis
of and prognosis for the minor's condition.
(v) the gross amount of the settlement and whether or not it represents
policy limits.
(vi) if the settlement amount proposed to the minor is a portion of a
gross figure allocated among others injured in the same accident
(even if adults) the names of those persons, their relationship to the
minor, the nature and extent of their injuries and the amount of
their proposed recoveries.
(vii) the total amount of medical costs incurred and how paid.
(viii) the nature and amount of any subrogation or Department of Public
Welfare lien proposed to be paid from the settlement proceeds.
(ix) the amounts of the proposed legal fee and of costs proposed to be
paid to counsel from the settlement proceeds.
(x) explanation of and justification for any amount proposed to be paid
from the settlement proceeds to a parent or parents of the minor.
(xi) whether or not it is anticipated that a judicial determination of
capacity will be necessary when the minor attains majority.
(xii) the name and address of a bank or credit union doing business in
Lehigh County where amounts payable during minority will be
placed in an interest-bearing savings account, money-market
account, or certificate of deposit entitled in the minor's name alone;
or the name and date of appointment of a corporate guardian of the
estate who will administer the minor's funds.
(xiii) whether or not non-disclosure of the terms is a condition of the
settlement; and if so, a request that the petition and decree be
sealed.
(2) Regarding structured settlements:
(i) All of the information required by subsection (1) of this section (d)
that is factually applicable except the gross settlement figure,
which shall not appear in the petition; and
(ii) the name of the company issuing the annuity that will fund the
structure together with its rating by 2 of the following: A.M. Best
Company; Standard & Poor; Moody; or Duff& Phelps.
(iii) the same information as in subsection (ii) above, regarding any
guarantors of the structure.
(iv) the duration for which the future payments are guaranteed, and the
names and relationship to the minor of the contingent beneficiaries
of the guaranteed payments.
(v) that the right to alter the contingent beneficiary designation (in the
manner prescribed by the issuer) is reserved to the minor upon
attainment of majority.
(vi) the amount, if any, of cash presently payable to the minor.
(e) Exhibits to Petitions for Approval of Settlement
(Structured and Non-Structured)
(1) An itemization of costs to be reimbursed (including orphans' court filing
fees to be incurred by compliance with section (g) of this rule and
regarding Filing of Petitions and Decrees).
(2) A copy of contingency fee agreement.
(3) Written evidence of Department of Public Welfare or any other
subrogation lien proposed to be paid from the settlement proceeds.
(4) A medical report or opinion that contains a description of injury, course of
treatment, recovery and prognosis.
(5) Consent and joinder of a parent and natural guardian of the minor who is
not a petitioner; or, proof of service of a copy of the petition upon such
parent.
(6) A copy of the release.
(f) Disposition of Petitions: In all cases whether or not suit has been instituted.
(1) Submission
A copy of the petition, with exhibits shall be submitted (by mail, telefax or hand
delivery) to the orphans' court counsel. After review, the orphans' court counsel will contact
counsel for petitioner to schedule a date for presentation. The petition shall not be filed prior to
presentation to the court.
(2) Presentation
Formal presentation is required in all cases unless excused by the court.
Attendance at presentation is required of the minor and both parents unless the non-appearing
parent:
(i) is a co-petitioner; or
(ii) has signed a consent and joinder to petition; or
(iii) has been served with a copy of the petition and notice of its
presentation; or
(iv) is unable to be located after efforts deemed satisfactory to the
court.
(3) Accompanying Documents
The petition, in addition to the requisite exhibits, shall, when submitted, be
accompanied by:
(i) a proposed decree which:
• approves the settlement as set forth in the petition;
• directs that the petitioner's counsel deposit proceeds payable
during minority to an interest-bearing restricted account in the
minor's name, at a federally insured bank or credit union doing
business in Lehigh County.
• directs the distribution of future payments, if any, due under terms
of an annuity contract.
• names the contingent beneficiaries of guaranteed payments,
reserving the right to alter the designation to the minor upon
attainment of majority.
• directs that a time-stamped copy of the decree filed in the civil
division be filed with the clerk of orphans' court division to
establish a separate orphans' court file and number.
• provides for the filing of affidavits of deposit, affidavits of
payment, and/or affidavits of purchase with the clerk of the
orphans' court division under the orphans' court caption and
number.
• authorizes plaintiff's counsel to mark the civil docket, if any,
settled, discontinued and ended.
(ii) if non-disclosure of terms is a condition of settlement, a separate
confidentiality order.
(iii) if the settlement is structured, a letter from counsel disclosing the
gross settlement figure and cost of the annuity funding the
structure.
(g) Filing of Petitions and Decrees
(1) In all cases where suit has been instituted, upon entry of a decree after
formal presentation, counsel for petitioner shall:
(i) file the original decree, petition and exhibits with the clerk of
courts; and
(ii) file as many time-stamped copies of the decree
(iii) as there are minor recipients of settlement proceeds (structured or
non-structured) with the clerk of the orphans' court division in
order to obtain a separate orphans' court file number for each
minor; and
(iv) obtain from the clerk of the orphans' court division as many
separate affidavits of deposit as there are minors receiving cash
payments during minority; and
(v) file with the clerk of the orphans' court division a separate affidavit
of deposit evidencing establishment of a restricted account for each
minor recipient of current settlement proceeds under the orphans'
court caption and file number; and/or
(vi) file with the clerk of the orphans' court division a sworn
acknowledgment by an authorized official of the issuer that an
annuity contract was purchased to provide the payments set forth
in the decree approving a structured settlement.
(2) In all cases where no suit was instituted and the minor is a Lehigh County
resident, upon entry of a decree after formal presentation, counsel for
petitioner shall:
(i) file a separate original decree, petition and exhibits regarding each
minor, with the clerk of the orphans' court division; and
(ii) obtain from the clerk of the orphans' court division an affidavit of
deposit for each such separate set of pleadings filed per (i) above;
and
(iii) file with the clerk of the orphans' court division, a separate
affidavit of deposit evidencing establishment of a separate
restricted account for each minor recipient of current settlement
proceeds and a certification of compliance with order establishing
restricted account; and/or
(iv) file with the clerk of the orphans' court division, a sworn
acknowledgment by an authorized official of the issuer that an
annuity contract was purchased to provide the payments set forth
in the decree approving a structured settlement.
Rule 2064 Compromise, Settlement, Discontinuance, or Distribution –
Incapacitated Persons.
The procedure upon the presentation of a petition under Pa. R.C.P. 2064 shall be as
prescribed by Leh.R.C.P. 2039.
Rule 2205 Proof of Service.
Proof of service shall be as provided by Pa.R.C.P. 405(c).
Rule 2206 Petitions for Approval of Settlement, Compromise, Discontinuance and
Judgement in Wrongful Death and/or Survival Actions; Allocation of
Proceeds; Notice to the Department of Revenue; Contents and
Disposition of the Petition; Filing of Decrees.
(a) All wrongful death actions in which a minor or incapacitated person has an
interest shall not be settled, compromised, or discontinued until entry of a decree
by the civil division or orphans' court division of this court as hereinafter
provided, upon petition in accordance with this rule.
(b) No survival action may be settled, compromised, or discontinued without judicial
approval pursuant to petition as hereinafter provided.
(c) If suit has been instituted, all such petitions shall be handled by the judge of the
civil division to whom the case has been assigned. If no such assignment has been
made, the petition shall be handled or referred as the administrative judge of the
civil division shall direct.
(d) If no suit has been instituted, all such petitions shall be handled by the
administrative judge of the orphans' court division.
(e) Contents of Petition
Any such petition shall contain the following information:
(1) Delineation of the factual circumstances of the case, i.e., date of the
accident/injury, how it occurred, and identification of the defendant(s).
(2) Type of injury suffered together with some medical documentation to
advise the court of the extent and effect of the injuries.
(3) How long the decedent lived after the accident.
(4) What portion of the settlement proceeds are to be attributed to wrongful
death and what portion to the survival action, together with supporting
facts (e.g.; pain and suffering; pecuniary loss etc.)
(5) A list of any unpaid creditors of the decedent, and how they will be paid.
(6) Whether the decedent died testate or intestate, and a list of the intestate
heirs, including adult children, and whether the decedent's children are
also children of the surviving spouse.
(7) Whether the decedent's intestate heirs are the same as his or her testate
heirs and, if not, a list of the testate heirs and their relationship to
decedent.
(8) To what extent the surviving spouse's $30,000.00 intestate share threshold
has been satisfied excluding settlement proceeds.
(9) Whether or not decedent's parent(s) or spouse has forfeited his or her
intestate share pursuant to 20 Pa.C.S. §2106.
(10) The date of the birth of any intestate heir who is a minor.
(11) The facts establishing pecuniary loss suffered by adult children claiming a
share of wrongful death proceeds; or an averment that an adult child is not
claiming any interest in wrongful death proceeds.
(12) The date of appointment and name of the guardian of the estate of any heir
who has been adjudged incapacitated.
(13) If the settlement is structured, the information required by Leh. R.C.P.
2039 (d) (2) (regarding compromise of minor's actions).
(f) Exhibits to Petitions
The petition shall have attached to it as exhibits, the following items:
(1) An itemization of the costs to be reimbursed (including orphans' court
filing fees to be incurred if copies of the order will need to be filed in
orphans' court division as required by section (i) of this rule regarding
Filing of Final Decrees).
(2) A copy of the contingency fee agreement signed by clients and counsel.
(3) Birth certificate for any beneficiary who is a minor.
(4) Consents and joinders of an adult child not claiming a portion of wrongful
death proceeds, or proof of service of petition and proposed decree upon
them.
(5) Guardian's certificate evidencing the appointment of a guardian of the
estate of a distributee who is a minor or an incapacitated person.
(6) Regarding non-Lehigh County estates:
(i) a short certificate that is not more than sixty (60) days old
evidencing petitioner's appointment as personal representative.
(ii) a copy of the inventory of the decedent's estate.
(iii) a copy of decedent's will.
(iv) notices of claims against the estate filed of record.
(7) Written evidence of Department of Public Welfare or any other
subrogation liens proposed to be paid from settlement proceeds.
(8) Written response from the Office of Chief Counsel on behalf of the
Department of Revenue approving or disapproving the proposed allocation
of proceeds between the wrongful death and survival actions.
(9) A copy of the release.
(g) Disposition of Petitions: In all cases, whether or not suit has been instituted
(1) Submission (uncontested allocation)
If the petition has been approved by the Department of Revenue, or if no response
has been received within 20 days of service of a copy of the petition upon the Department
through the office of chief counsel, a photocopy of the petition, proposed decree and exhibits
shall be submitted (by mail, telefax, or hand delivery) to the orphans' court counsel with a
notation as to the civil division judge, if any, to whom the case is assigned. After review, the
orphans' court counsel will request counsel for petitioner to submit the original pleadings
(together with as many photocopies of the decree as there are counsel of record) for transmittal to
the appropriate civil division or orphans' court division judge for action. The petition shall not be
filed prior to submission as provided herein.
(2) Accompanying Documents
The petition, in addition to the requisite exhibits, shall be accompanied by:
(i) a proposed decree, which:
• apportions the proceeds, fees, and costs between the wrongful
death action and the survival action;
• directs that the share of a minor be deposited to a restricted,
interest-bearing, account in a federally insured bank or credit
union doing business in Lehigh County;
• directs that the share of an adjudicated incapacitated person be
awarded to the guardian of his/her estate;
• directs the personal representative to promptly file a
supplemental inventory and inheritance tax return that both
reflect receipt of survival action proceeds with the register of
wills of the county of decedent's domicile.
(ii) if non-disclosure of terms is a condition of settlement, a separate
confidentiality order.
(iii) if the settlement is structured, a letter from counsel disclosing the
gross settlement figure and the cost of the annuity funding the
structure.
(3) Presentation (uncontested allocation)
Unless requested by counsel or required by the court, no hearing will be held, nor
formal presentation required, where the petition for approval and allocation is uncontested by
any party in interest or by the Department of Revenue. Counsel for petitioner will be contacted
when a decree is entered at which time counsel shall file the pleadings in accordance with section
(i) of this rule (regarding Filing of Final Decrees).
(h) Contested Allocations of Proceeds
(1) Submission of Petition and Rule
In all cases, whether or not suit has been instituted, if the petition has not been
approved by the Department of Revenue and a hearing is needed on the issue of allocation of
proceeds, the original petition and exhibits shall be submitted to the orphans' court counsel (as
per subsection (1) of section (g) above) by mail or hand delivery together with a proposed decree
(as per subsection (2) of section (g) above) and with a rule returnable which establishes a hearing
date and directs service.
(2) Filing of Petition and Rule
(i) Civil division - if suit has been commenced, the rule, petition, and
proposed decree shall be filed with the clerk of courts-civil
division.
(ii) Orphans' court division - if no suit has been commenced, the rule,
petition, and proposed decree shall be filed with the clerk of the
orphans' court division.
(3) Service of rule, petition and proposed decree
(i) The Department of Revenue - the rule, petition, and proposed
decree shall be served by certified mail, return-receipt requested
upon the office of chief counsel, Pennsylvania Department of
Revenue at least 10 days prior to the date for hearing on allocation
set by the rule returnable.
(ii) Defendants - Counsel for defendants, or unrepresented defendants
shall be served with the rule, petition, and proposed decree by
ordinary, first-class mail at least 10 days prior to the date for
hearing on allocation set by the rule returnable.
(4) Entry of Decree
After hearing on the issue of allocation of proceeds, the court shall issue a decree
approving settlement and directing distribution of proceeds, which shall be filed by counsel for
the petitioner in accordance with section (i) of this rule (regarding Filing of Final Decrees).
(i) Filing of Final Decrees
(1) In all cases where suit has been instituted, upon entry of a decree by the
court, counsel for petitioner shall:
(i) file the original decree and petition plus exhibits (if not previously
filed per section (h) above) with the clerk of courts - civil division;
and
(ii) if the decedent's estate was raised in Lehigh County, file, pursuant
to 20 Pa.C.S.A. §3323 (b) (3), a time-stamped copy of the decree
with the clerk of orphans' court division. (If there are minor and/or
incapacitated distributees, see subsection (2) of this section (i),
below).
(2) In all cases where there are minor or incapacitated distributees and the
decedent's estate was raised in Lehigh County, upon entry of a decree by
the court, counsel for petitioners shall:
(i) file with the clerk of orphans' court division, a time-stamped copy
of the signed decree, or if no civil suit was instituted, the original
petition with exhibits and decree under the caption and file number
of the decedent's estate; and
(ii) obtain from the clerk of the orphans' court division, as many
separate affidavits of deposit as there are minor distributees and/or
as many guardian's inventory forms as there are incapacitated
distributees whose guardians were appointed in Lehigh County;
and
(iii) file with the clerk of the orphans' court division, a separate
affidavit of deposit evidencing establishment of a restricted
account in the name of each minor distributee, using the caption
and file number of the decedent's estate with each minor's name as
a parenthetical reference; and/or
(iv) file with the clerk of the orphans' court division a supplemental
guardian's inventory disclosing receipt of settlement proceeds on
behalf of each ward adjudicated incapacitated in Lehigh County,
using the guardianship caption and file number; each such
inventory to be accompanied by a copy of the decree directing
distribution.
(3) In all cases where there are minor distributees (resident or non-resident)
and/or incapacitated distributees (whose guardian was appointed in Lehigh
County) and the decedent's estate was not raised in Lehigh County, upon
entry of a decree by the court, counsel for petitioner shall:
(i) file with the clerk of the orphans' court division as many clocked
copies of the signed decree as there are minor distributees to obtain
a separate orphans' court "M" file number for each minor; and
(ii) obtain from the clerk of the orphans' court division, as many
separate affidavits of deposit as there are minor distributees and/or
as many guardian's inventory forms as there are incapacitated
distributees whose guardians were appointed in Lehigh County;
and
(iii) file with the clerk of the orphans' court division a separate affidavit
of deposit evidencing establishment of a restricted account for each
minor distributee, using the minor's name as caption and the
newly-assigned orphans' court "M" file number; and/or
(iv) file with the clerk of the orphans' court division a supplemental
guardian's inventory disclosing receipt of settlement proceeds on
behalf of each ward adjudicated incapacitated in Lehigh County;
each such inventory to be accompanied by copy of the decree
directing distribution.
Rule 3110 Execution against Contents of Safe Deposit Box.
Publication shall be as provided in Pa.R.C.P. 430(b)
Rule 3121 Stay of Execution.
(a) No stay of execution shall be granted under Pa.R.C.P. 3121(b) except on petition
(without a rule) setting forth the grounds therefor, with notice, including a copy of
the said petition, at least twenty-four (24) hours prior to the presentation thereof,
said notice to set forth the time and place where the intended application is to be
made; provided, however, that where manual seizure of personal property by the
sheriff is imminent, the court may entertain a petition to stay execution in such
manner and with such notice as it, in its discretion, may require.
(b) A petition for a stay of execution based upon misdescription of property shall
contain a corrected description of the property which thereafter shall be
conclusive upon the petitioner.
(c) If the petition for stay of execution is not prosecuted with diligence, the petition
may be dismissed on motion of an opposing party.
(d) The allowance of a stay of execution involving perishable property under levy
shall be conditioned upon the petitioner filing approved security for the full value
of the property.
(e) Allowance of every stay of execution against real estate may also be conditioned
upon the petitioner paying the advertising costs incurred in addition to the filing
of a bond. If the petitioner is a lessee, the stay shall be conditioned upon payment
for use and occupancy pending the stay.
Rule 3128 Notice of Sale -- Personal Property.
In addition to the notice requirements of Pa. R.C.P. 3128 (a), notice of sale of personal
property shall be given by the sheriff sending a copy of the handbill to the defendant by regular
mail addressed to the last known address at least six days prior to sale.
Rule 3129.2 Notice of Sale -- Real Property.
The brief description of the property required to be set forth pursuant to Pa.R.C.P.
3129.2(b)(1) need not include the metes and bounds description set forth in the last recorded
deed as long as the description sets forth the location of the property by street address and by
reference to the parcel identifier number (PIN).
Rule 3136 Distribution of Proceeds.
(a) The sheriff shall, by regular mail addressed to their last known addresses,
promptly send to all parties in interest a copy of the schedule of distribution
stating the date on which it was filed.
(b) Any party filing exceptions shall mail copies of their exceptions to all parties in
interest and serve an original and a copy of said exceptions on the sheriff.
Rule 3252 Writ of Execution. Money Judgment.
The office to be named in the notice shall be that designated by the court under
Leh.R.C.P. 1018.1.
Rule 3256 Praecipe for Writ. Mortgage Foreclosure.
The praecipe for the writ of execution in an action of mortgage foreclosure shall have
attached to it a description of the subject property.
Rule 4007.2 Depositions -- Distant Witnesses.
(a) A motion to obtain leave of court to take depositions by oral examination, where
such leave is required, shall follow the procedure set forth in Leh.R.C.P. 206.1
and shall contain the following:
(1) the name of the proposed witness;
(2) the time and place of the proposed deposition and the name of the officer
before whom the depositions will be taken;
(3) the scope and purpose of the questioning;
(4) the reasons relied upon to support the request for oral examination; and
(5) a request for a subpoena or subpoena duces tecum, if necessary.
Rule 4008 Depositions by Oral Examination.
Unless leave of court is obtained or all parties agree otherwise, and excepting videotape
depositions for use at trial, all depositions in cases filed with this court shall be taken in Lehigh
County, Pennsylvania.
Rule 4009. Court Reporting and Transcripts – Fees and Procedures.
(A) Procedures for requesting a transcript:
(1) All requests for transcripts shall be set forth on the standardized form,
Request for Transcript or Copy Form, available at
https://www.lccpa.org/forms/courttrans/general/RequestforTranscript.pdf
(2) For an ordinary transcript, the party requesting a full or partial transcript
of a trial or other court proceeding shall file the original Request for
Transcript Form with the appropriate filing office (i.e., Clerk of Judicial
Records – Civil Division, Clerk of Judicial Records – Criminal Division,
Orphans’ Court, or the Domestic Relations Section) based upon the
specific case type. The requesting party shall also serve copies of the
Request for Transcript Form upon:
(a) the Judge presiding over the matter; and
(b) the Court Reporter
by delivering two (2) copies of the Request for Transcript
Form to the Court Administrator’s Office located in Room
614; and
(c) opposing counsel or the opposing party, if not represented.
(3) The Court Reporter shall prepare the transcript upon:
(a) the approval of the Presiding Judge; and
(b) payment of the deposit by the requesting party to the
appropriate filing office in accordance with the order of the
Presiding Judge.
(4) The Court Reporter shall file the transcript and serve the requesting party
with a copy of the transcript upon payment of the balance owed by the
requesting party to the appropriate filing office in accordance with the
order of the Presiding Judge.
(5) If a party is requesting daily, expedited or same day transcripts, or
provisions for secure electronic feed, the request for such transcripts or
service shall be filed with the appropriate filing office at least ten (10)
days prior to the scheduled proceeding. Copies of the written request shall
be delivered in accordance with subsection (2). Such requests will be
accommodated only upon approval of the Presiding Judge and the Court
Reporter.
(B) Economic hardship
(1) Pursuant to Pa.R.J.A. 4008(B), a request to waive or reduce transcript
fees shall be noted on the Request for Transcript Form and include a
fully completed In Forma Pauperis Petition pursuant to Pennsylvania
Rule of Civil Procedure 240, even if IFP status was previously granted
on the case.
(2) Litigants who have been approved for representation by Legal Aid
Services are not required to further prove economic hardship pursuant to
section (B)(1) above; however, they must attach to their Request for
Transcript Form a letter of certification from Legal Aid Services that the
litigant meets financial eligibility and that the matter is under appeal or
that the transcript being requested is necessary to advance the current
litigation.
(C) Fees – original transcript – requesting party
(1) The fees payable by the party, other than the Commonwealth or a
subdivision thereof, initially requesting the transcript in an electronic
format shall be as follows:
(a) for an ordinary transcript, $2.50 per page;
(b) for an expedited transcript, $3.50 per page, if the Court Reporter
is able to accommodate the request and the Presiding Judge
approves; and
(c) for a daily transcript, $4.50 per page, if the Court
Reporter is able to accommodate the request and the
Presiding Judge approves; and
(d) for same day delivery, $6.50 per page, if the Court Reporter
is able to accommodate the request and the Presiding Judge
approves.
(2) When the transcript is prepared in bound paper format, the costs shall
be in accordance with paragraph (1) relating to electronic format plus a
surcharge of $0.25 per page.
(D) Fees - copies of transcript
A request for a copy of any transcript, made prior to filing the transcript of record, in
excess of the copy provided for in section (A)(4) of this Rule, shall be provided according to
the following schedule:
(1) $0.75 per page paper format; and
(2) $0.50 per page electronic copy.
(E) Fees – copies of transcript - previously ordered, transcribed and filed of record
A request for a copy of any transcript previously ordered, transcribed and filed of record
shall be provided according to the following schedule:
(1) $0.75 per page paper format; and
(2) $0.50 per page electronic copy.
(F) Fees - additional costs
The Presiding Judge may impose a reasonable surcharge in cases such as mass tort,
medical malpractice, or other unusually complex litigation where there is a need for Court
Reporters to significantly expand their dictionary. Such surcharges are at the discretion of
the Presiding Judge.
(G) Fees – secure electronic feed
The Presiding Judge may impose a reasonable surcharge in cases involving a secure
electronic feed during the proceeding. Such surcharge is at the discretion of the Presiding Judge.
(H) Payment of fees
All fees shall be made payable to the “County of Lehigh” and shall be delivered to the
appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial
Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based on the
case type. No fees shall be paid directly to the Court Reporter or Transcriptionist.
(I) Rule as exclusive method to obtain, reproduce, distribute, or copy transcript of
portion thereof
No person shall obtain, reproduce, distribute, or copy any transcript or portion thereof
except in accordance with this rule.
REQUIREMENTS FOR SPECIAL SERVICE CHECKLIST
)
)
) Case No.
)
)
Counsel for the moving party has attempted the following efforts marked with an “X”:
Prerequisites:
________ Attempted Sheriff service to all known addresses
________ PennDOT Form DL-5031 (as applicable pursuant to Section D of the Form)
________ Inquiry of postal authority
________ Examination of Lehigh County dockets
________ Examination of social media platforms (Facebook, LinkedIn, etc.)
________ Search on at least one Internet search engine (Google, Bing, etc.)
Discretionary Efforts:
________ Examination of local tax records
________ Examination of voter registration records
________ Examination of telephone directory website (411.com, whitepages.com, etc.)
________ Inquiry of relatives, neighbors, friends, and employers of defendant(s)
________ Other: _____________________________________________________
The court will not consider a motion for special service pursuant to Pa.R.C.P. 430(a) unless
1. This checklist is attached to the motion;
2. An affidavit and supporting documentation is attached to the motion indicating that all
prerequisites and at least one discretionary effort have been attempted; and
3. The motion is electronically filed.
PennDOT Form DL-503 is available on PennDOT’s website. PennDOT Form DL-503 is only
required if the requestor satisfies one of the seven categories set forth in Section D of Form DL-
503.
Appendix 1
Provenance
- Source
- www.lccpa.org
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
6a55ac7b397ae5ac2f9172f6cb666a7ebcb2d7382b96d5d3178e2017d7cec925
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