PA · rules

Luzerne Cnty. C.P. Local Rules Rule 430(a)

Official Periodical

activein force · 2026-09-30 – presentact-effective-date

The “Luzerne Legal Register” is designated as the county legal periodical for the publication of

legal notices.

ACTIONS AT LAW

Rule 1018.1. Notice to Defend

(a) In accordance with Pa. R.C.P. No. 1018.1, every complaint filed by a plaintiff and every

complaint filed by a defendant against an additional defendant shall begin with a Notice to Defend.

(b) The Notice to Defend shall be in both English and Spanish.

(Caption)

NOTICE

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following

pages, you must take action within twenty (20) days after this complaint and notice are served, by

entering a written appearance personally or by an attorney and filing in writing with the court

your defenses or objections to the claims set forth against you. You are warned that if you fail to

do so the case may proceed without you and a judgment may be entered against you by the court

without further notice for any money claimed in the complaint or for any other claim or relief

requested by the plaintiff. You may lose money or property or other rights important to you. YOU

SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYE R, GO

TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH

INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS

OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY

OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE.

AVISO

A USTED SE LE HA DEMANDADO EN LA CORTE. Si usted quiere defenderse contra la demanda

expuesta en las siguientes páginas, tiene que tomar acción en un plazo de veinte (20) días después

que reciba e sta demanda y aviso, por presentar una notificación de comparecencia escrita

personalmente o por un abogado y radicar por escrito en la Corte sus defensas u objeciones a las

demandas presentadas en su contra. Se le advierte que si falla en hacerlo, el caso podría seguir

adelante sin usted y un fallo podría ser dictado en su contra por la Corte sin previo aviso por

cualquier dinero reclamado en la demanda o por cualquier otro reclamo o desagravio pedido por

el/la demandante. Puede que usted pierda dinero o propiedad u otros derechos importantes para

usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE

ABOGADO, DIRÍJASE O LLAME POR TELÉFONO A LA OFICINA CUYA DIRECCIÓN SE ENCUENTRA

ABAJO. ESTA OFICINA PUEDE PROVEERLE CON INFORMACIÓN SOBRE COMO CONTRATAR UN

ABOGADO. SI NO TIENE LOS FONDOS SUFICIENTES PARA CONTRATAR UN ABOGADO, ESTA

OFICINA PODRÍA PROPORCIONARLE INFORMACIÓN ACERCA DE AGENCIAS QUE PUEDAN

OFRECERLES SERVICIOS LEGALES A PERSONAS QUE REÚNAN LOS REQEQUISITOS A UN

HONORARIO REDUCIDO O GRATIS.

North Penn Legal Services, Inc.

33 N. Main Street,

Suite 200

Pittston, PA 18640

(570) 299-4100

(877) 953-4250 Toll free

(570) 824-0001 Fax

Servicios Legales de North Penn, Inc.

33 la Calle Main del Norte, Oficina 200

Pittston, PA 18640

(570) 299-4100

(877) 953-4250 Llamada gratuita

(570) 824-0001 Fax

101 West Broad Street

Suite 513

Hazleton, PA 18201

(570) 455-9512

(877) 953-4250 Toll free

101 la Calle Broad del Oeste

Oficina 513

Hazleton, PA 18201

(570) 455-9512

(877) 953-4250 Llamada gratuita

(570) 455-3625 Fax (570) 455-3625 Fax

Rule 1028(c). Procedure for Filing of Preliminary Objections

(a) A party filing preliminary objections shall file the same, along with a comprehensive

brief in support, and proposed order, with the Clerk of Judicial Records. A rule to show cause

shall not be presented or filed with preliminary objections.

(b) After filing, as provided in subsection (a), the moving party shall immediately:

(1) Serve a copy of the preliminary objections, the comprehensive brief, and proposed

order upon the District Court Administrator;

(2) File with the District Court Administrator a Civil Argument Sheet, which is available at

the Office of Court Administration; and,

(3) Serve a copy of the aforementioned upon all opposing parties.

and proposed order, any party wishing to contest the same shall file a comprehensive brief in

opposition with the Clerk of Judicial Records and serve the same upon all parties and the District

Court Administrator who shall then assign it to a Judge and shall so notify all parties.

(d) The preliminary objections shall be ruled upon without oral argument unless

requested by any party, or ordered by the court. The request must be filed with the District Court

Administrator contemporaneously with the filing of the party’s brief or, thereafter, with the

Judge to whom the preliminary objections have been assigned.

(e) If the party filing the preliminary objections fails to file a comprehensive brief, as

required by this Rule, the preliminary objections may be dismissed by presenting a proposed

order to the Motions Judge. If any opposing party fails to file its brief in opposition within the

time provided in this Rule, that party shall be deemed not to oppose the preliminary objections

and the Judge to whom the preliminary objections have been assigned shall dispose of the

preliminary objections in accordance with the law as a matter of course.

(f) Service shall be made within three (3) days of filing by delivering, mailing, or emailing

a copy to all parties.

(g) Proof of service shall be filed and shall be by written acknowledgment of service by

affidavit of the person making service, or by certification of counsel.

(h) If a case is individually assigned before preliminary objections are filed, the party or

parties filing the preliminary objections shall comply with all of the preceding subsections of this

Rule and serve the assigned Judge with a copy of the preliminary objections, brief, and proposed

order.

Rule 1034(a). Procedure for Filing of Motion for Judgment on the Pleadings

(a) A party filing a motion for judgment on the pleadings shall file the same, along with a

comprehensive brief in support and proposed order, with the Clerk of Judicial Records. A rule to

show cause shall not be presented or filed with a motion for judgment on the pleadings.

(b) After filing as provided in subsection (a), the moving party shall immediately:

(1) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and

proposed order upon the District Court Administrator;

(2) file with the District Court Administrator a Civil Argument Sheet, which is available at

the Office of Court Administration; and,

(3) serve a copy of the aforementioned upon all opposing parties.

any party wishing to contest the same shall file a comprehensive brief in opposition with the

Clerk of Judicial Records and serve the same upon all parties and the District Court

Administrator who shall then assign it to a Judge and shall so notify all parties.

(d) The motion for judgment on the pleadings shall be ruled upon without oral argument

unless requested by any party, or ordered by the court. The request must be filed with the

District Court Administrator contemporaneously with the filing of the party’s brief or, thereafter,

to the Judge to whom the motion for judgment on the pleadings has been assigned.

(e) If the party filing the motion for judgment on the pleadings fails to file a comprehensive

brief as required by this Rule, the motion for judgment on the pleadings may be dismissed by the

District Court Administrator or by a responding party presenting a proposed order to the

Motions Judge. If any opposing party fails to file its brief in opposition within the time provided

in this rule, that party shall be deemed not to oppose the motion for judgment on the pleadings

and the Judge to whom the motion for judgment on the pleadings has been assigned shall dispose

of it in accordance with the law as a matter of course.

(f) Service shall be made within three (3) days of filing by delivering, mailing, or emailing a

copy to all parties.

(g) Proof of service shall be filed and shall be by written acknowledgment of service by

affidavit of the person making service or by certification of counsel.

(h) If a case is individually assigned before the motion for judgment on the pleadings is

filed, the party or parties filing the motion for judgment on the pleadings shall comply with all of

the preceding subsections of this Rule and serve the assigned Judge with a copy of the motion for

judgment on the pleadings, brief, and proposed order.

Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

(a) A party filing a motion for summary judgment shall file the same, along with a

comprehensive brief in support, supporting documents, and proposed order, with the Clerk of

Judicial Records. A rule to show cause shall not be presented to a Judge or filed with a motion for

summary judgment.

(b) After filing as provided in subsection (a), the moving party shall immediately:

(1) serve a copy of the motion for summary judgment, the comprehensive brief, supporting

documents and proposed order upon the District Court Administrator;

(2) file with the District Court Administrator a Civil Argument Sheet, which is available at the

Office of Court Administration; and,

(3) serve a copy of the aforementioned upon all opposing parties.

and proposed order, any party wishing to contest the same shall file a comprehensive brief in

opposition with the Clerk of Judicial Records and serve the same upon all parties and the District

Court Administrator who shall then assign it to a Judge and shall so notify all parties.

(d) The motion for summary judgment shall be ruled upon without oral argument unless

requested by any party, or ordered by the court. The request must be filed with the District Court

Administrator contemporaneously with the filing of the party’s brief, or, thereafter, to the Judge

to whom the motion for summary judgment has been assigned.

(e) If the party filing the motion for summary judgment fails to file a comprehensive brief, as

required by this Rule, the motion for summary judgment shall be dismissed by any opposing

party presenting a proposed order to the Motions Judge. If any opposing party fails to file its brief

in opposition within the time provided in this rule, that party shall be deemed not to oppose the

motion for summary judgment and the Judge to whom the assignment has been made shall

dispose of it in accordance with the law as a matter of course.

(f) Service shall be made within three (3) days of filing by delivering, mailing, or emailing a

copy to all parties.

(g) Proof of service shall be filed and shall be by written acknowledgment of service, by

affidavit of the person making service, or by certification of counsel.

(h) If a case is individually assigned before the motion for summary judgment is filed, the party

or parties filing the motion for summary judgment shall comply with all of the preceding

subsections of this Rule and serve the assigned Judge with a copy of the motion for summary

judgment, brief, and proposed order.

Rule 1037.1. Liability for Costs

Liability to the Clerk of Judicial Records, Sheriff, or other official for costs shall rest

primarily on the party 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.

Rule 1037.2. Bill of Costs; Taxation

(a) A bill of costs for attendance of witnesses, service of subpoenas, and other expenses

recoverable by rule of law or order of court, must be filed with the Clerk of Judicial Records, as

may be appropriate, within ten (10) days after the trial, continuance, or failure to reach the case,

and a copy thereof shall be served upon all adverse parties. In 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) A bill 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 any other

information necessary to support all items of expense for which recovery is sought. A 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, the witness’s testimony was material.

exceptions thereto and demand that the same be taxed by the Clerk of Judicial Records. Other

items of cost may be taxed in the same manner. The Clerk of Judicial Records 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 Judicial Records 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

Judicial Records, as may be appropriate, to be held pending the final outcome of the proceedings

to tax such costs.

Rule 1081. Concealment of Property; Examination of Defendant – Action in Replevin

Where a petition is presented to the court for examination of a defendant pursuant to Pa.

R.C.P. No. 1081, the court may order the taking of testimony by oral examination or written

interrogatories, as prescribed by the rules relating to Depositions and Discovery, Pa. R.C.P. No.

4001, et seq. The Clerk of Judicial Records shall issue as of course a subpoena to testify.

Rule 1098. Peremptory Judgment in an Action in Mandamus

(a) A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by

motion and in compliance with notice, unless the urgency of the case is such as to require action

before notice can reasonably be given.

(b) The court, at the time such motion is presented, shall determine whether the motion

can be acted upon forthwith or whether it requires additional consideration. If additional

consideration is required, the court shall schedule presentation of any documentary or

testimonial evidence which it desires as soon as practicable, and shall thereafter rule on said

motion and either grant or deny peremptory judgment.

excuse or relax a defendant’s responsibility to timely file a responsive pleading to the plaintiff’s

complaint.

Rule 1143. Commencement of Mortgage Foreclosure Action

(a) In all residential mortgage foreclosure actions involving a residential property which

serves as the primary residence of the defendant/borrower, the complaint shall be titled

“Mortgage Foreclosure Action.” The complaint shall include a Notice of Residential Mortgage

Foreclosure Diversionary Program in substantially the format set forth in Form 3 of the Appendix

to these Rules. Service of the complaint in such a residential mortgage foreclosure action shall

include the Notice of Residential Mortgage Foreclosure Diversionary Program, advising the

defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days

of service of the complaint in order to participate in a court-supervised conciliation conference

pursuant to Luz. Co. R.C.P. No. 1143.1.

(b) If the defendant/borrower in a residential mortgage foreclosure action has taken the

affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversionary

Program to be eligible to participate in a court-supervised conciliation conference pursuant to

Luz. Co. R.C.P. No. 1143.1, the defendant/borrower shall file a Request for Conciliation

Conference in substantially the format set forth in Form 4 of the Appendix to these Rules. The

Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty

(60) days of service of the complaint and Notice of Residential Mortgage Foreclosure

Diversionary Program, and shall be served upon the plaintiff/lender. A time-stamped copy of the

Request for Conciliation Conference shall also be delivered to the Office of Court Administration.

Mortgage Foreclosure Diversionary Program shall issue a Practice Order in substantially the

format set forth in Form 5 of the Appendix to these Rules, as required by Luz. Co. R.C.P. No.

1143.1(c). Conciliation Conferences shall be scheduled and conducted in conformity with Luz.

Co. R.C.P. No. 1143.1(c)—(f).

(d) Following the service of the Notice of Residential Mortgage Foreclosure Diversionary

Program in a residential mortgage foreclosure action, all proceedings shall be stayed for a period

of sixty (60) days to afford the defendant/borrower an opportunity to qualify for participation in

a court-supervised conciliation conference.

Rule 1143.1. Conciliation Conference in Residential Mortgage Foreclosure Actions

(a) The defendant/borrower shall be entitled to participate in a court-supervised

conciliation conference with the plaintiff/lender in all residential mortgage foreclosure actions

in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage

Foreclosure Diversionary Program pursuant to Luz. Co. R.C.P. No. 1143(a) or 3129.1(c), and

(ii) has filed and served a Request for Conciliation Conference.

(b) To be eligible to participate in a Conciliation Conference, a pro se

defendant/borrower who has been served with a Notice of Residential Mortgage Foreclosure

Diversionary Program pursuant to Luz Co. R.C.P. No. 1143(a) or 3129.1(c), must contact and

meet with one of the housing counselors identified in the Notice, and file the Request for

Conciliation Conference form within the timelines set forth in the applicable Notice. In the

event that the defendant/borrower has not been served with a Notice of Residential Mortgage

Foreclosure Diversionary Program pursuant to Luz. Co. R.C.P. No. 1143(a) or 3129.1(c), the

defendant/borrower in a residential mortgage foreclosure action shall have the right to

participate in a court-supervised conciliation upon filing a Request for Conciliation Conference

form with the Clerk of Judicial Records and delivering a time-stamped copy to the Office of

Court Administration.

assigned to the Mortgage Foreclosure Diversionary Program shall issue a Practice Order in

substantially the format set forth in Form 5 of the Appendix to these Rules, scheduling the

matter for the next available Conciliation Conference list. The Practice Order shall specify the

date and place of the Conciliation Conference and shall be forwarded by the Program

Administrator via ordinary mail to the parties.

(d) The schedule for the year shall be set by the Program Administrator no later than

September of the year prior and will be published in the Luzerne Legal Register and on the

Luzerne County Court website at www.luzernecounty.org.

(e) Conciliation Conferences will first be conducted by the Program Administrator.

Counsel for the plaintiff/lender and the defendant/borrower, including private counsel, if any,

must attend the Conciliation Conference in person and an authorized representative of the

plaintiff/lender must attend or be available by phone at the Conciliation Conference. The

representative of the plaintiff/lender who participates in the Conciliation Conference must

possess the actual authority to reach a mutually acceptable resolution, and counsel for the

plaintiff/lender must discuss resolution proposals with that authorized representative in

advance of the Conciliation Conference.

(f) At the Conciliation Conference, the parties shall be prepared to discuss and explore

all available resolution options, including, but not limited to, bringing the mortgage current

through a reinstatement, paying off the mortgage, entering into a forbearance agreement or

repayment plan to bring the account current over time, agreeing to vacate in the near future in

exchange for not contesting the matter and a monetary payment, offering the lender a deed in

lieu of foreclosure, entering into a loan modification or a reverse mortgage, paying the

mortgage default over sixty months, and instituting bankruptcy proceedings.

(g) If a defendant/borrower should be removed from the program for any reason, to re-

enter the program, the defendant/borrower must file a Petition for Re-Entry to the Luzerne

County Mortgage Foreclosure Diversionary Program in substantially the format set forth in

Form 8 of the Appendix to these Rules.

(h) If the Program Administrator cannot bring resolution between the parties, the Judge

assigned to the Mortgage Foreclosure Diversionary Program shall make all final

determinations.

CONSUMER DEBT ACTIONS

Rule 1144.1. Commencement of Consumer Debt Actions

(a) Caption. In all consumer debt actions, the caption of the complaint shall include the

words “Consumer Debt Action.”

(b) Eligibility. To be eligible to participate in the Consumer Debt Action Diversionary

Program, the total debt or damages as set forth in the complaint shall not exceed fifty thousand

dollars ($50,000.00), not inclusive of costs and interests, unless otherwise agreed to by the

parties and the court. If a dispute concerning a case’s eligibility for the Program occurs, then,

upon Motion, the Judge in charge of the Program shall make a final determination as to eligibility

for the Program on an individual basis. If a case is ineligible, it shall proceed under the normal

rules of Civil Procedure and Local Rules.

of the complaint (whether filing was completed in person to the Clerk of Judicial Records, or

electronically in accordance with Luz. Co. R.C.P. No. 205.4.), email a copy of the filed complaint to

the court at consumerdebtactions@luzernecounty.org.

(d) Service. In eligible consumer debt actions, if at least one attempt at service of the

complaint is made, and service is not perfected, the plaintiff shall petition the court for

alternative service within thirty (30) days after the first failed attempt at service, or the action

shall be dismissed. This rule shall not apply where the plaintiff is able to perfect service within

fifteen days after the first failed attempt at service. Upon completion of service, plaintiff shall,

simultaneously with the filing of the certificate of service (whether filing was completed in

person to the Clerk of Judicial Records, or electronically in accordance with Luz. Co. R.C.P. No.

205.4), email a copy of the filed certificate of service to the court at

consumerdebtactions@luzernecounty.org.

(e) In eligible consumer debt actions, following the filing and service of the complaint, the

court shall issue a practice order in substantially the format set forth in Form 12 of the Appendix

to these Rules, scheduling the matter for the next available conciliation conference list and

staying any pleading deadlines in the matter pending the outcome of the conciliation conference.

Rule 1144.2. Conciliation Conference in Consumer Debt Actions

(a) The practice order shall specify the date and place of the conciliation conference and

shall be forwarded by the program administrator and/or the Judge assigned to the consumer

debt actions via ordinary mail to the parties.

(b) The schedule for the year shall be set by the program administrator and/or the Judge

assigned to the consumer debt actions no later than September of the year prior and will be

published in the Luzerne Legal Register and on the Luzerne County Court website at

www.luzernecounty.org.

Judge assigned to the consumer debt actions. Counsel for the plaintiff and the defendant,

including private counsel, if any, must attend the conciliation conference in person and an

authorized representative of the plaintiff must be available by phone at the conciliation

conference. The representative of the plaintiff who participates in the conciliation conference

must possess the actual authority to reach a mutually acceptable resolution, and counsel for the

plaintiff must discuss resolution proposals with that authorized representative in advance of the

conciliation conference. Counsel for the plaintiff shall bring to the conciliation conference the

contract, proof of damages, the last billing statement sent to the defendant, and written proof of

any assignments of the contract.

(d) If the defendant has been served and does not appear at the conciliation conference,

absent good cause shown, judgment shall be entered in favor of the plaintiff. If the plaintiff fails

to appear and/or have an authorized representative available with the required documentation

at the conciliation conference, absent good cause shown, the court shall dismiss the case with

prejudice. Any request for continuance on the day of the conciliation conference by either party

is strongly discouraged.

(e) At the conciliation conference, the parties shall be prepared to discuss and explore all

available resolution options, including, but not limited to, a mutually agreed upon payment plan.

In the event that the parties reach an agreement, the court will issue a consent judgment/order

substantially in the format set forth in Form 13 of the Appendix to these Rules, setting forth the

agreement.

(f) If an agreement is not reached by the parties at the conciliation conference, the stay of

pleading deadlines will be immediately lifted and the court shall issue a scheduling order

substantially in the format set forth in Form 14 of the Appendix to these Rules.

ARBITRATION

Rule 1301. Cases Subject to Arbitration

(a) All civil actions, actions in replevin, and actions upon mechanics’ liens where the

amount in controversy is $50,000.00 or less shall first be submitted to and heard by a Board of

Arbitrators pursuant to Pa. R.C.P. No. 1301, et seq.

(b) For purposes of determining the amount in controversy, every complaint or

counterclaim in such civil actions, in replevin, or upon a mechanics’ lien, shall set forth a

statement that the total amount of damages claimed in such pleading, exclusive of interest and

costs, is “$50,000.00 or less” or is “more than $50,000.00,” or, in replevin, that the value of the

property claimed is “$50,000.00 or less” or is “more than $50,000.00.”

counterclaim, as required by subsection (b) of this Rule, or by a stipulated agreement filed by the

attorneys. The term “amount in controversy” shall be exclusive of interest and costs. The

amount in controversy when determined from the pleadings shall be the largest amount claimed

by any one party.

(d) The following types of actions shall not be subject to arbitration under this rule:

mandamus, quo warranto, quiet title actions involving title to real estate, ejectment, municipal

claims, tax claims, mortgage foreclosure, and actions upon ground rents.

Rule 1302. Certification for Arbitration

(a) When a case is ready in all respects, a party may file a Certification for Arbitration with

a time-stamped copy delivered to the Office of Court Administration. The form of the

Certification for Arbitration is set forth as Form 9 of the Appendix to these Rules. At least 30

days prior to the filing of a Certification for Arbitration, a party must notify all other parties of

one’s intention to file the Certification for Arbitration. All required information must be

completed on the Certification for Arbitration. Failure to provide the required information will

result in the Certification for Arbitration being rejected. All arbitration hearings shall be

conducted at the Luzerne County Court House.

(b) In the event that there is a dispute between or amongst the parties as to whether or

not a case is ripe for the filing of a Certification for Arbitration, any party may file a Petition and

Rule Returnable for hearing on said issue which shall be made returnable for hearing in

Miscellaneous Court in accordance with these Rules. The court shall then determine suitability

for arbitration.

Rule 1303. Administration

(a) Proceedings under this rule shall be administered by the Office of Court

Administration as directed by the District Court Administrator. The Office of Court

Administration shall have the power to interpret these rules and prescribe forms subject to

review by the court.

(b) In order to be considered for appointment to the Board of Arbitrators, an attorney

must:

(1) be admitted to practice within the Commonwealth of Pennsylvania and be in good

standing before the Supreme Court of Pennsylvania;

(2) be actively engaged in the practice of law within Luzerne County;

(3) maintain an office in Luzerne County; and,

(4) file the required Arbitrator Registration Form with the Office of Court Administration.

to be completed in full by attorneys seeking appointment to Boards of Arbitration. The

Arbitration Registration Form is set forth as Form 10 of the Appendix to these Rules. In addition

to general and contact information, the Arbitrator Registration Form shall state whether the

attorney is practicing alone, is a member of a firm, or is associated in some way with one or more

other attorneys, either in private practice, as an employee of a public office (such as District

Attorney or Public Defender), non-profit employment/pro bono work, in-house legal counsel,

etc. Any change in status must be promptly reported to the Office of Court Administration.

(d) Upon receipt of a fully completed certified Arbitrator Registration Form, the District

Court Administrator will add the name of the person submitting the form to the list of those

eligible to serve as a member of an arbitration board. Boards of Arbitration will be appointed

from the list of members of the bar who have filed such information. The District Court

Administrator shall have sole authority to determine whether an arbitrator is qualified under

these rules.

Rule 1304. Selection of Arbitrators

Boards shall consist of three (3) members, one of whom shall serve as the Chair. The

Chair shall be a member of the bar admitted to practice of law for at least three years. The Chair

of the Board of Arbitrators shall be appointed by the District Court Administrator and shall be

responsible for the preparation and filing of the Board’s report and award. All other members of

the Board of Arbitrators shall also be appointed by the District Court Administrator. No more

than one member of a family, firm association, or other entity shall serve on an arbitration panel.

The District Court Administrator shall maintain a list of attorneys eligible to serve as arbitrators

which shall be available for public inspection in the Office of Court Administration.

An attorney may resign by letter addressed to the District Court Administrator,

whereupon the District Court Administrator shall note the resignation and date thereof on the

appropriate list or lists.

The District Court Administrator shall also note all deletions from the aforementioned list

or lists, whether by death, removal of principal office from Luzerne County, cessation of active

practice before this court, suspension from practice, or disbarment and the date thereof.

It is the professional obligation of all members of the bar who qualify under these Rules to

serve on Boards of Arbitrators when scheduled, unless absent or excused for good cause and

compelling reason. If an arbitrator fails to appear, or appears late for a scheduled arbitration

hearing without compelling reasons, his or her name will be stricken from the list of eligible

arbitrators, and he or she will be so notified by the District Court Administrator. He or she may

be reinstated by application to the court, upon cause shown.

The President Judge may strike from the list of eligible arbitrators the name of any

attorney who has consistently demonstrated an inability to serve with civility.

In the event that an arbitrator is unavailable to attend a scheduled hearing, he or she shall

give prompt notice to the Office of Court Administration, so that a substitute may be appointed.

Repeated unavailability after appointment may result in the removal of the attorney from the list

of eligible arbitrators.

A member of a Board who would be disqualified from serving on the Board for any reason

that would disqualify a judge under the Code of Judicial Conduct from hearing a case shall

immediately withdraw from the Board.

Rule 1305. Striking of Case from Arbitration List or Trial List

The court may, on its own motion or upon the motion of any party, strike any case from

the trial list which should have first been arbitrated, or, strike any case from the arbitration list

which the court determines should be tried by a jury or by a judge without a jury. If a case is

stricken from the trial list by the court, any party shall file a Certification for Arbitration on the

form approved by the court, together with the appropriate filing fee.

If a case is stricken from the arbitration list, any party shall file a Certificate of Readiness

for Trial immediately with the Clerk of Judicial Records, in accordance with Luz. Co. R.C.P. No.

214, and serve copies of same upon all parties and the Office of Court Administration.

Rule 1306. Notice of Hearing

The Clerk of Judicial Records, under the direction of the Office of Court Administration, shall

mail a copy of the Order scheduling the hearing date, time, and place to each attorney of record

and, in the event a party is not represented of record by an attorney, to such party at his or her

last known address by first-class mail and file of record proof of service in each case. E-mail

notice shall be allowed whenever permitted by these Rules.

(a) The hearing shall be scheduled within 45 days of the filing of the Certificate for

Arbitration.

(b) The written notice of hearing shall contain the following statement:

“NOTICE OF DUTY TO APPEAR AT ARBITRATION HEARING

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 1307. Continuances

(a) More than seven (7) days prior to the hearing date, a case may be continued one (1)

time by agreement of all parties. The request for continuance must be in writing and presented

to the Office of Court Administration. The Office of Court Administration shall reschedule the

arbitration hearing to the next available date, but not more than sixty (60) days after the original

date.

(b) Requests for continuance made less than seven (7) days before the scheduled hearing,

or, in instances when all parties do not concur in the request for continuance, shall, after notice

to all parties, be presented to the Motions Judge for adjudication.

Rule 1308. Hearing

(a) All hearings shall commence promptly at the time scheduled.

(b) Hearings shall be conducted by the Chair with decorum in full compliance with

judicial proceedings. Witnesses shall be sworn in the customary manner. Testimony shall be

taken through the same procedures and decorum as used before the court. Testimony before a

Board of Arbitrators is not transcribed unless by special request and at the expense of the

requestor.

evidence. Boards of Arbitrators shall have the general powers of the court, including

administering oaths or affirmations, determining admissibility of evidence, permitting testimony

to be offered by deposition, and deciding the law and the facts of the case submitted.

Rule 1309. Award

(a) The Board of Arbitrators shall file its findings and award, if any, as well as any written

opinion (as in its discretion it may choose to submit), within three (3) business days from the

conclusion of the hearing, in each case. If a member of the panel dissents from the majority’s

findings or award, that arbitrator shall so state on the award form and may, in his or her

discretion, submit an opinion indicating the reason(s) for such dissent.

(b) The Report and Award shall be in the form set forth in Pa. R.C.P. No. 1312.

(d) Arbitrators may award costs.

(e) Arbitrators may award possession in Landlord/Tenant matters.

(f) Arbitrators may award possession and monetary value of the property or special

damages sustained in a replevin action.

(g) Monetary awards shall not exceed the jurisdictional limit of $50,000.00, exclusive of

interest and costs.

(h) Arbitrators may award delay damages when that issue is properly pending in the

action.

Rule 1310. Delay Damages

(a) In all cases subject to the provisions of this rule where damages for delay are claimed,

the plaintiff shall, no later than the commencement of the hearing, present to the Chair of the

Board of Arbitrators in a sealed envelope a statement containing the required information, which

shall be substantially in the form of Form 11 of the Appendix to these Rules. Each question on the

form shall be answered and the form shall be executed by all parties to the action.

Those parties not concurring in the information contained on the form to be submitted by

Plaintiff shall state thereon a brief explanation as to the reasons for their non-concurrence.

Parties failing to state the reasons for non-concurrence shall be deemed to be in concurrence.

Plaintiff shall serve a copy of the executed form upon all other parties at or before the

time the same is presented to the arbitrators. Failure of Plaintiff to comply with this Rule shall be

deemed to be a waiver of any delay damages.

(b) No arbitrator shall open the aforesaid envelope, or, in any other manner, attempt to

ascertain the contents thereof, until the Board of Arbitrators has reached a decision on the

merits of the case, and then, only if delay damages are applicable. If, after deciding the merits of

the case, delay damages are not applicable, the Chair of the Board of Arbitrators shall return the

unopened envelope to the Clerk of Judicial Records, together with the report of the Board.

Rule 1311. Award Docketing, Notice, Lien and Judgment

Upon the filing of the award, if any, said award shall have full force and effect as would

any decision of the court, subject to right of appeal. Notice of the report and award, if any, shall

be served by the Clerk of Judicial Records upon all parties.

Rule 1312. Appeal

(a) Any party may appeal from the findings or award of the Board of Arbitrators to the

court. Appeals shall result in de novo proceedings before the trial court, except where one or

more parties failed to appear and the matter was initially heard before the trial court, as stated in

the written notice required by Luz. Co. R.C.P. No. 1306(b).

(b) The cost of appeal shall be set by court order and shall include a sum to compensate

the fees of the Arbitration Board.

Readiness for Trial with the Clerk of Judicial Records, serve all parties and shall deliver a time-stamped copy to the Office of Court Administration which shall assign the case to a Judge for trial

in the ordinary course.

Rule 1313. Compensation

Each arbitrator shall receive a fee of $200.00 as compensation for each half day of hearing

required (a half-day shall be no more than three hours regardless of the number of cases heard

within a half-day period). Members of the Board shall not be entitled to compensation until after

the filing of the original report and/or award with the Clerk of Judicial Records with a time-stamped copy delivered to the Office of Court Administration.

ACTIONS FOR WRONGFUL DEATH

Rule 2205. Notice of Pendency of Wrongful Death Action

(a) The notice prescribed in Pa. R.C.P. No. 2205 shall name the decedent and state the

court, term, and number of the action, and, if the person to whom it is addressed objects to the

authority of the plaintiff to maintain the action, such person may petition the court to remove the

plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the

action or personal representative of the decedent.

(b) An Affidavit of Service by registered mail of such notice shall be filed with the Clerk of

Judicial Records within five (5) days after service or as soon thereafter as the registered return

receipt, signed by the person to whom it is addressed, is returned to the plaintiff.

Rule 2206. Court Approval of Distribution of Proceeds

Whenever any sum of money is to be paid to the plaintiff in settlement of claims or

satisfaction of a verdict or judgment in an action for damages under the Wrongful Death Act, 42

Pa.C.S. § 8301 et seq, and the Survival Act, 42 Pa.C.S. § 8302 et seq., the plaintiff shall present a

motion for approval of the proposed distribution of proceeds pursuant to the procedure set forth

in Luz. Co. R.C.P. No. 208.3. The motion shall include, inter alia, the proposed allocation of the

proceeds between the wrongful death and survival claims and shall attach correspondence or

some other form of documented communication from the Pennsylvania Department of Revenue

confirming that it does not object to the proposed apportionment of the proceeds between the

wrongful death claim and the survival claim, or any other satisfactory documentation.

EXECUTION AND ENFORCEMENT OF JUDGMENTS

Rule 2959. Return Day for Rules Pertaining to Judgment by Confession

The return day for a rule to show cause as to why relief from a judgment by confession

should not be granted shall be determined in accordance with Luz. Co. R.C.P. No. 206.4(c), unless

the court directs a different return day at the time the petition is first presented.

Rule 3128. Notice of Resale of Personal Property by Sheriff

In addition to the Notice Requirements of Pa. R.C.P. No. 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 of the defendant, at least six (6) days prior to the sale.

No resale shall be scheduled without first giving notice to all bidders who appeared at the

originally scheduled sale. The resale date cannot be sooner than seventy-two (72) hours from the

original sale date.

Rule 3129.1. Notice of Sale - Real Property

(a) Whenever a sale of real property is governed by Pa. R.C.P. No. 3129.1, all handbills,

written notices, and publications shall include, as part of the location of the property, a street

address.

(b) Street address is defined as the street number and street name where a number exists.

Where no street number exists, the street address is defined as the land and/or portion of land

between the nearest two street numbers and/or intersecting streets which do exist and the

street name.

property which serves as the primary residence of the defendant/borrower, and, unless the

defendant/borrower has already been served with the required “Notice of Residential Mortgage

Foreclosure Diversionary Program” pursuant to Luz. Co. R.C.P. No. 1143(a), the plaintiff/lender

must serve a “Notice of Residential Mortgage Foreclosure Diversionary Program” upon the

defendant/borrower in substantially the format set forth in Form 6 of the Appendix to these

Rules and file an “Affidavit Pursuant to Luz. Co. R.C.P. No. 3129.1” in substantially the format set

forth in Form 7 of the Appendix to these Rules, attesting either that: (1) the defendant/borrower

has not opted to participate in the Residential Mortgage Foreclosure Diversionary Program; or,

(2) the defendant/borrower, has participated in a court-supervised conciliation conference, but

the residential mortgage foreclosure claim has not been resolved and no further conciliation

conferences are scheduled.

(d) The affidavit required by Luz. Co. R.C.P. No. 3129.1(c) shall be filed with the Clerk of

Judicial Records and a copy shall be delivered to the Sheriff before any residential property may

be listed for Sheriff’s Sale. The affidavit required by this Rule shall be in substantially the format

set forth in Form 7 of the Appendix to these Rules.

(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the

affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversionary

Program” to be eligible to participate in a court-supervised conciliation conference, the

defendant/borrower shall file a Request for Conciliation Conference in substantially the format

set forth in Form 4 of the Appendix. The Request for Conciliation Conference shall be filed with

the Clerk of Judicial Records within sixty (60) days after service of the “Notice of Residential

Mortgage Foreclosure Diversionary Program” and shall be served upon counsel for the

plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the

District Court Administrator. Upon receipt of the Request for Conciliation Conference, the Judge

assigned to the Luzerne County Mortgage Foreclosure Diversionary Program shall issue a

Practice Order (Form No. 5) as required by Luz. Co. R.C.P. No. 1143.1(c)—(f).

Rule 3130. Notice of Sale of Securities

When notice to a defendant of the sale of securities is required by Pa. R.C.P. No. 3130,

such notice may be given by the Sheriff by ordinary mail, first class postage prepaid, addressed to

the defendant at the defendant’s last known residence and by the posting of handbills in the

Sheriff’s office, which mailing and which handbills shall contain a description of the securities to

be sold, the name and place of the business of the broker through whom such sale will be made,

and the date when the securities will be offered for sale.

DEPOSITIONS AND DISCOVERY

Rule 4001. Rule to Show Cause Under Discovery Proceedings

(a) Any motion seeking any relief under Pa. R.C.P. Nos. 4001 to 4020 inclusive, shall be

disposed of on a rule to show cause returnable to the Miscellaneous Court Judge who may hold a

hearing and issue an appropriate order pursuant to Luz. Co. R.C.P. Nos. 206.4(c) and 208.3(b).

(b) For any case that has been individually assigned, any such motion seeking relief under

Pa. R.C.P. Nos. 4001 to 4020 must be made returnable to the Judge to whom the case has been

assigned for his/her chambers to schedule a hearing, if necessary, and issue any and all

appropriate orders.

Rule 4017.1. Objections at Videotape Depositions

The following shall govern the procedure for making objections during videotape

depositions:

(a) When counsel makes an objection, counsel shall merely state the word “objection” and

request that the video operator stop the videotape. Any arguments on objection shall be made on

the written transcript but off camera.

(b) During a discussion or argument, the witness shall be excused from the room at the

request of any party.

in a word or phrase. Counsel may then proceed with argument on the transcript and off camera

or may merely state the summary grounds for the objections. Arguments should be brief, and

should consist of no more than the reason for the objection, an answer to the reason for the

objection, and brief rebuttal.

(d) Counsel shall review the transcript together before presentation to the trial Judge to

resolve whatever objections can be resolved. They should present to the trial Judge a list by page

and line of the objections that need rulings.

(e) Prior to the playing of the videotape, the court shall advise the jurors of the procedure

dealing with objections and instruct them to disregard the word “objection” when it is made. The

videotape may then be played without interruption, except for segments stricken by the judge.

Rule 4021. Assignment of Judge for Complex Cases or Discovery Proceedings

In an appropriate case, the court, upon its own motion, or, upon motion of any party, may

elect to designate one judge to direct all discovery proceedings in that case, or assign the entire

case to one judge through trial, to hear and rule upon all motions and petitions relating to that

case. Any motion for the assignment of a Judge to a complex case should be presented to the

Administrative Judge for the Civil Division. In the event that the motion is granted, the Office of

Court Administration shall select the Judge to be assigned according to its procedures.

TAX ASSESSMENT APPEALS

Rule 5000. Real Estate Tax Assessment Appeal

(a) A real estate tax assessment appeal from a decision of the Luzerne County Board of

Tax Assessment Appeals as to the amount of assessment for real estate tax purposes or as to

exemption of real estate from payment of real estate taxes shall be titled “Real Estate Tax

Assessment Appeal” and shall be filed with the Clerk of Judicial Records within the time required

by law.

(b) A Real Estate Tax Assessment Appeal shall contain the following:

(1) Caption designating the named party taking the appeal as Appellant, the Luzerne

County Board of Assessment Appeal as Appellee, and, if Appellant is a taxing authority, it shall

join the owner of the real estate involved as of course as a party in the assessment appeal by

designating such named owner in the caption as Respondent.

(2) Brief description of the subject real estate, its location, name and address of the

owner, and municipality and school district wherein the real estate is located. It should also

include the Property Identification Number (PIN) and Parcel Number.

(3) Nature of and reasons for the appeal.

(4) Reference to the decision of the Luzerne County Board of Assessment Appeals from

which the appeal is taken. A copy of the notice of decision of the Luzerne County Board of

Assessment Appeals shall be attached as an exhibit.

(5) A verification (as “verified” is defined in Pa. R.C.P. No. 76).

Luzerne County Board of Assessment Appeals at its official office, and, unless named as the

appellant, upon all taxing authorities affected by the appeal, which may include Luzerne County,

the municipality in which the property is located, and the school district in which the property is

located, at their respective official offices, or, in the absence of an official office, at the last known

address of the secretary of each body and upon the respondent owner of the real estate at the

owner’s last known address. A copy should concurrently be sent by regular mail to the Luzerne

County Solicitor.

(d) Appellant shall file with the Clerk of Judicial Records, within ten (10) days after the

filing of the Real Estate Tax Assessment Appeal, proof of service of copies thereof consisting of a

verified statement (as “verified” is defined in Pa. R.C.P. No. 76) that service was made by certified

or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

(e)No response is required to be made by Appellee or by the county, municipality, school

district, or Respondent owner of real estate served with a copy of the Real Estate Tax Assessment

Appeal.

Rule 5001. Intervention

(a) The county, municipality, or school district not named as Appellant may intervene as

of course during pendency of the appeal by filing a Notice of Intervention with the Clerk of

Judicial Records.

(b) The Notice of Intervention shall contain the name of the intervening party designated

as intervenor in the caption, and shall set forth that such identified party is intervening.

mail upon Appellant, Appellee, any Respondent owner, and any other intervening parties of

record.

(d) Intervenor shall file with the Clerk of Judicial Records, within ten (10) days of the

filing of the Notice of Intervention, proof of service of copies thereof consisting of a verified

statement (as “verified” is defined in Pa. R.C.P. No. 76) that service was made by certified or

registered mail, with the sender’s receipt for certified or registered mail attached thereto.

(e) No response is required to be made by any party served with a copy of the Notice of

Intervention.

Rule 5002. Discovery

Depositions and discovery will only be applicable to real estate tax assessment appeals by

order of the court.

Rule 5003. Pretrial Status Conference

(a) The court, sua sponte, or, upon application of a party, shall schedule a pretrial status

conference. Notification of the pretrial status conference need be given by the court only to

Appellant, Appellee, Respondent owner, if any, and such other parties who have intervened of

record.

(b) Each party of record shall file, with the Clerk of Judicial Records, a Pretrial Status

Conference Memorandum and serve a copy thereof on the assigned judge at least seven (7) days

prior to the date of the scheduled conference along with proof of service of copies thereof upon

all parties of record by personal service or by regular mail. Proof of service shall consist of a

verified statement, as “verified” is defined in Pa. R.C.P. No. 76.

appraisal (if done), stipulations desired, witnesses expected to be called, exhibits expected to be

offered, legal issues, and special problems presented, if any.

FORM 1

SCHEDULE SHEET

____________________________ IN THE COURT OF COMMON PLEAS

OF LUZERNE COUNTY

____________________________

(PLAINTIFF)

____________________________

(DEFENDANT) NO. OF ________

TYPE OF MATTER: (SEE BELOW)

PRELIMINARY OBJECTIONS __________________

SUMMARY JUDGMENT __________________

OTHER ______________________________________________________________________

DATE MOTION FILED: _________________________________

DATE BRIEF FILED: _________________________________

OPPOSITION BRIEF FILED: _____________________________

MOVING PARTY: _______________________________________________________________

ORAL ARGUMENT: YES _______ NO ________

***ORAL ARGUMENT IS WAIVED UNLESS A REQUEST IS SUBMITTED.

REASON FOR ORAL ARGUMENT: _________________________________________________

______________________________________________________________________________

ATTORNEY FOR PLAINTIFF (OR PRO SE) (NAME, ADDRESS, PHONE & FAX #, EMAIL)

______________________________________________________________________________

ATTORNEY FOR DEFENDANT (OR PRO SE) (SAME INFORMATION AS ABOVE)

______________________________________________________________________________

COURT ADMINISTRATION PURPOSES ONLY:

JUDGE ASSIGNED: ________________________________ DATE: ____________________

JUDGES: PLEASE RETURN THIS SHEET WITH THE FOLLOWING INFORMATION:

DATE ARGUMENT MATTER DISPOSED ____________________________________________

SUMMARY JUDGMENT: DENIED _____ GRANTED ____ DENIED/GRANTED IN PART _____

COMMENTS: ___________________________________________________________________

FORM 2

Certificate of Readiness

COURT OF COMMON PLEAS Civil Trial Listing Number _________________

COUNTY OF LUZERNE Action _________________

_____________________________________________________________________________________

ALL CIVIL CASES SHALL BE LISTED FOR TRIAL UPON FILING OF A CERTIFICATE OF

READINESS IN THE FOLLOWING FORM:

TRIAL REQUESTED BY ESTIMATED TIME _________ (DAY(S)

AGREEMENT OF COUNSEL:

______ 6 PERSON JURY DATE FILED _____________________

______ 12 PERSON JURY

______ NON JURY

NATURE OF CLAIM:

_____ Personal Injury – Auto Accident ____ Professional malpractice – non medical

_____ Personal Injury – other than auto accident ____ Commercial

_____ Damage to property – No personal injury ____ Contractual

_____ Medical Malpractice ____ Other, describe ___________________

DATE OF SUMMONS/COMPLAINT INSTITUTING ACTION: ________________________

DATE/NATURE OF LAST PLEADING: _________________________________________________

PLAINTIFF(S) ATTORNEY – ADDRESS

_____________________________________________________________________________________

DEFENDANT(S) ATTORNEY – ADDRESS

_____________________________________________________________________________________

ADDITIONAL DEFENDANT(S) ATTORNEY - ADDRESS

_____________________________________________________________________________________

I CERTIFY THAT ALL DISCOVERY HAS BEEN COMPLETED; ALL NECESSARY PARTIES AND WITNESSES WILL BE

AVAILABLE; SERIOUS SETTLEMENT NEGOTIATIONS HAVE BEEN CONDUCTED; THE CASE IS READY IN ALL

ASPECTS FOR TRIAL; A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING

AN INTEREST IN THIS CASE NO LESS THAN 15 DAYS PRIOR TO THE FILING, AT WHICH TIME THE TRIAL REQUEST

WAS DISCUSSED.

DATE SERVED ____________________ _______________________________________

SIGNATURE OF TRIAL COUNSEL

FORM 3

Provenance

Source: www.luzernecounty.org
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: aa12087568bfe5c8e8bd345ffa96bfb2ba31ed184fb085e31c824f92deeb8504

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