PA · rules

Mercer Cnty. C.P. Rules of Civil Procedure Rule 325

SURVEYORS

activein force · 2026-01-14 – presentact-effective-date

(a) All cases affecting real estate wherein questions of boundary or of conflicting

surveys may arise, the court, on application of any party, or a judge at chambers,

on proof of ten days’ notice to all the other parties or their attorneys of such

intended applications, may appoint a registered civil engineer or professional land

surveyor who, upon reasonable notice to both parties, shall survey and ascertain

such boundaries and conflicts and furnish a diagram thereof describing the same,

and any other circumstances material to a proper investigation of the subject, and

if, on trial, or otherwise, such survey appears to have been necessary or proper,

the reasonable expenses of the same shall be taxed and paid as other costs.

(b) The person so appointed, before entering upon his/her duties, shall take or

subscribe an oath of affirmation that he/she will impartially, to the best of his/her

skill and judgment, do and perform all things enjoined and required of him/her

under said appointment, which oath or affirmation shall be filed in the cause.

RULE L326

MONEY PAID INTO COURT

(a) A party to an action may, upon motion and such notice to the adverse party as the

court may direct, pay into court the amount admitted to be due, together with

costs, if any. The party entitled to the money may accept the money and settle and

discontinue the action or may refuse the money and proceed with the action. If the

adverse party shall not recover more than the amount paid into court, all

additional costs shall be deducted from the money. This tender into court shall in

no way alter the rights of the parties as to legal tender made before suit.

(b) Parties wishing to extinguish liens upon real estate in which they have an interest

may, on motion and such notice to the creditor as the court may direct, pay into

court the amount due and have satisfaction entered upon the lien.

account in the name of the Prothonotary kept for such purposes, and shall be

payable only by a check signed by the Prothonotary pursuant to order of court. A

book shall be kept in the office of the Prothonotary, in which shall be entered all

moneys paid into court, with the name of the case in which it shall have been

paid.

(d) In matters of bulk transfer, the petition of the transferee shall, inter alia, provide

the name, address and amount of claims of creditors of the transferor insofar as

known to the transferee and may request the appointment of an auditor. If the

petition be approved by the court, an auditor may be appointed to determine

which creditors of the transferor are entitled to recommend distribution to the

court. The auditor shall give notice of appointment. Notice of the time of filing

claims shall be given to the transferors and transferees, or their attorneys, by

registered or certified mail to each known creditor whose name and address is set

forth in the petition.

Rule L327

LAW LIBRARY

(a) The Mercer County Law Library shall be managed by a law librarian. A Law

Library committee shall be appointed by the President Judge of the Court of

Common Pleas of Mercer County and shall consist of three (3) members of the

Mercer County Bar Association.

(b) The committee shall recommend to the President Judge such rules and regulations

for the management of the library as may be expedient and necessary for its

proper care and preservation.

Common Pleas, Mercer County Bar Association, county offices and the general

public. As mandated by Title 42 of the Pennsylvania Consolidated Statute,

Section 3724, the County Law Library shall receive from the county such

necessary funds, accommodations, goods and services, as shall be specified by

general rules or recommendations of the State Law Library. The law library shall

also be operated in conformity with the Rules of the Court of Common Pleas of

Mercer County and shall be available to the general public.

RULE L328

OFFICIAL LEGAL PUBLICATION

The Mercer County Law Journal is designated as the place of legal publication for the

publication of legal notices.

Rule L329

PRE-TRIAL ORDER

(a) Upon receipt of a praecipe for the trial list or no later than sixty (60) days

before the anticipated date for the commencement of trial, the court shall issue an

order in the form set forth below providing for the parties to object to the the case

as being ready for trial, limiting the taking of depositions for use at trial, and

providing for the scheduling of the trial and the pre-trial conference.

(b) All depositions for use at trial shall be completed not later than seven (7) days

before the anticipated date for the commencement of trial.

a written objection within ten (10) days of the entry of the order. The written

objection shall include a proposed court order setting the date and time for a

hearing on this objection. For good cause shown at the hearing, the case will be

stricken from the trial list. If no written objections to the certification are filed,

continuances from the trial list will not be granted except for compelling

circumstances not known to counsel for the parties at the time the order is entered.

(d) Appropriate sanctions may be imposed for failure to comply with the order,

including the striking of the case from the trial list and the assessment of

attorney's fees and costs resulting from the delay. The court's contempt powers

and the availability of damages for delay under Pennsylvania Rule of Civil

Procedure 238 are not limited by this rule.

ORDER

AND NOW, this day of, 20, this case having been placed on the trial list, it is

anticipated that the trial will commence on ___________________. IT IS HEREBY

ORDERED AND DECREED that any party who does not agree with that the case is ready

for trial shall file a written objection to the certification within ten (10) days of the entry of

this Order. If any objection is filed, a hearing will be scheduled on the objection to determine

whether the case should be stricken from the trial list. The written objection shall include a

scheduling Order. Whether or not written objections are filed, the Court Administrator will

place this case on the trial list for and schedule the pretrial conference for the day of, 20

. No continuances from the trial list will be granted hereafter by reason of the need to take or

complete depositions for use at trial or on the basis that the case is not otherwise ready for

trial absent good cause shown, unless a timely, written objection to the certification of

readiness for trial is filed.

IT IS FURTHER ORDERED AND DECREED that, if this case is not stricken from the trial

list, all depositions to perpetuate testimony for use at trial shall be completed not later than

seven (7) days before the anticipated date for the commencement of trial. In their pre-trial

statements required by Local Rule of Court L212, the parties shall list all depositions taken or

to be taken to perpetuate testimony for use at trial. For those depositions yet to be taken, the

parties shall list the dates and times on which the depositions are scheduled, if known.

Failure to comply with this Order shall result in appropriate sanctions, including the striking

of the case from the trial list and the assessment of attorney's fees and costs resulting from the

delay. This Court's contempt powers and the availability of damages for delay under

Pennsylvania Rule of Civil Procedure 238 are not limited by this Order.

The purpose of this Order is to insure that this case, which has been certified as ready for

trial, is in fact in that posture. It is the intention of this Court that meaningful stipulations and

settlement discussions occur at the pre-trial conference and that the integrity of the trial list be

preserved.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.

Amended January 2, 2026, effective 30 days after publication in the Pennsylvania

Bulletin.]

CIVIL ACTIONS

RULE L1018.1

NOTICE TO DEFEND

The organization to be named in The Notice to Defend from whom legal help can be

obtained is:

Mercer County Lawyers Referral Service

c/o Mercer County Bar Association

P.O. BOX 1302

Hermitage, PA 16148

Telephone: (724) 342-3111

RULE L1023.4

SANCTIONS

(a) By signing documents as set forth in Pa.R.Civ.P. 1023.1, the signing attorney

or self-represented party certifies that the citations to the law or the record in

the filing have been verified as authentic and accurate and not created by

artificial intelligence (“AI”).

(b) Upon violation of this rule or for any other violations of Pa.R.Civ.P. 1023.1,

the court may on its own or upon motion of any party impose sanctions

pursuant to Pa.R.Civ.P. 1023.4. In assessing monetary sanctions, the court

may direct payment to the movant of some or all of the reasonable attorney’s

fees and other expenses incurred as a result of the violation and other

appropriate sanctions.

[Adopted January 2, 2026, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1028(c)

PRELIMINARY OBJECTIONS PROCEDURE

(1) Preliminary objections shall be scheduled for Argument Court by the filing of a

praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4)

(2) Briefs shall be filed and in the form set forth in L210 and subject to L208.3(b).

RULE L1033

AMENDMENT

Whenever an amended pleading is filed involving more than one paragraph of the

original pleading, it shall be a complete pleading and not merely the amendments to the

former pleadings. The amended pleading shall clearly indicate that it is an amended

pleading and the paragraphs shall be appropriately re-numbered.

RULE L1034(a)

MOTION FOR JUDGMENT ON THE PLEADINGS PROCEDURE

(1) Motions for judgment on the pleadings shall be scheduled for Argument Court by

the filing of a scheduling praecipe in accordance with the procedure set forth in

Local Rule L208.3(a)(4)

(2) Briefs shall be filed and be in the form set forth L210 and subject to L208.3(b).

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1035.2(a)

MOTION FOR SUMMARY JUDGMENT PROCEDURE

(1) Argument on motions for summary judgment shall be scheduled for argument by

the filing of a praecipe in accordance with the procedure set forth in Local Rule

L208.3(a)(4), provided however, no case shall be praeciped for argument until all

parties have filed a response or thirty (30) days after filing the motion, whichever

occurs first.

(2) Briefs shall be filed and be in the form set forth in L210 and subject to L208.3(b).

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

ACTION TO QUIET TITLE

RULE L1066

FORM OF JUDGMENTS ON ORDER

Any order entered under subsection R.C.P. 1066 (b)(1) shall include a description of the

property.

RESIDENTIAL MORTGAGE FORECLOSURE

CONCILIATION PROGRAM

RULE L1147. COURT OF COMMON PLEAS OF MERCER COUNTY

RESIDENTIAL MORTGAGE FORECLOSURE

CONCILIATION PROGRAM

1. Complaints in Mortgage Foreclosure presented for filing seeking foreclosure on a

mortgage of a Mercer County owner-occupied residence shall be accompanied

with an additional URGENT NOTICE, a copy of which is attached hereto as

Exhibit “A”. Said URGENT NOTICE shall be affixed to the Complaint when

presented for filing and shall also be affixed to the copy of the Complaint served

upon the Defendant(s).

2. If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s)

attend a meeting with a Housing Opportunities Counselor, and if the Housing

Opportunities Counselor makes a determination that the Defendant(s) is/are

eligible to participate in the Mercer County Mortgage Foreclosure Conciliation

Program, the Housing Opportunities Counselor shall secure the signature(s) of the

Defendant(s) on a “Certificate of Participation”; file the same with the

Prothonotary of Mercer County; and serve a copy thereof in the Court

Administration Office of Mercer County, all within thirty (30) days following

service of the Complaint and URGENT NOTICE upon the Defendant(s).

3. Upon timely filing of a completed “Certificate of Participation” from Housing

Opportunities, Inc. with the Prothonotary of the Court of Common Pleas of

Mercer County (a copy of which is attached hereto as Exhibit “B”), the case will

proceed as follows:

The Court will issue the following Order in each case where the Certificate of

Participation has been timely filed by Housing Opportunities, Inc. on behalf of the

Defendant(s):

ORDER OF COURT

AND NOW, this _______ day of _______________________, 20____, a Certificate of

Participation in the Mercer County Residential Mortgage Conciliation Program having been

timely filed by the Defendant(s) in the above-captioned matter, no further action shall be

taken in this case for at least sixty (60) days from the date of this Order, except upon Order

of this Court.

It is hereby ORDERED AND DIRECTED that a Court-Supervised Conciliation

Conference is scheduled to be held on the _____ day of ________________________, 20

______ at ______ o’clock _____.m., in Courtroom No. ____ of the Mercer County

Courthouse, 100 North Diamond Street, Mercer, PA 16137.

It is further ORDERED AND DIRECTED that, unless an agreement in this case has

been reached prior to the scheduled Conciliation Conference, a representative of the

Plaintiff/Lender/Investor who has actual authority to modify mortgages and/or enter into

alternate payment agreements with the Defendant(s) or otherwise resolve the action, shall be

available telephonically. Failure of the Plaintiff, or of a representative of the Plaintiff with

such authority, to appear for the Conciliation Conference may result in the rescheduling of

the Conciliation Conference and further postponement of any action in this matter, including

timely filing of an Answer, filing of Preliminary Objections, filing of Motions for Summary

Judgment and/or Judgment on the Pleadings and taking of final Judgment in the action.

Failure of the Defendant(s) to attend the Conciliation Conference shall result in the

lifting of any stay.

This Order is to be docketed by the Prothonotary of Mercer County and served

upon the Defendant(s) at their address(es) as reflected on the Certificate of Participation,

any attorney of record for any party at the address included on any pleading and/or

appearance, and upon Housing Opportunities, Inc., at 2418 Wilmington Road, New Castle,

PA 16105, all by First-Class Mail.

4. If the “Certificate of Participation” is not filed within the thirty (30) day time

period set forth in Paragraph 2, the filing of an untimely “Certificate of

Participation” and participation in the Residential Mortgage Foreclosure

Conciliation Program shall be allowed upon leave of Court only.

5. Limited Appearance and Withdrawal Forms for Pro Bono Counsel/Reduced-Fee

Counsel are attached hereto as Exhibit “C” and Exhibit “D”.

6. Failure of Defendant(s) to fully participate in conciliation or failure of the parties

to reach an alternate settlement arrangement following conciliation shall result in

entry of an Order, as attached hereto as Exhibit “E”.

URGENT NOTICE

A Complaint in Mortgage Foreclosure has been filed with the Court of Common Pleas of Mercer

that may cause you to lose your home.

You may be able to participate in a Court-Supervised Conciliation Conference in an effort to

resolve this matter with the Lender.

However, you must act now.

To secure an opportunity to participate in a Court-Supervised Conciliation Conference, you must

call Housing Opportunities, Inc. at (724) 728-7511 and attend a meeting with a Housing

Opportunities Counselor. This must happen within the next thirty (30) days of receiving this Notice

or you will lose your eligibility to participate in the Mercer County Mortgage Foreclosure

Conciliation Program. The Housing Opportunities Counselor will inform you what to do next and

will schedule your Conference. Pro Bono Legal Assistance may be available to you at the

Conciliation Conference.

MAKE THIS CALL TO SAVE YOUR HOME

THIS PROGRAM IS FREE!

EXHIBIT “A”

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

Plaintiff:

v. : No.

Defendant:

CERTIFICATION OF PARTICIPATION

I am the owner of the property listed below:

Premises Address: ____________________________________

____________________________________

Mercer County, Pennsylvania

This property is my primary residence. It is the subject of foreclosure, and I would like to try to

save my residence from foreclosure.

I have contacted the Housing Counselor at Housing Opportunities, Inc. I am cooperating with the

Housing Counselor and have already submitted, or will submit at least fifteen (15) days before the

Conciliation/Case Management Conference, a complete written proposal to the Plaintiff to avoid

foreclosure.

I understand the assistance of the Housing Counselor is free of charge to me and I understand any

Pro Bono assistance that I may receive from an attorney assigned to my case by the Mercer County Bar

Association’s Lawyer Referral Service shall be for the limited purpose of advising me of my rights and

representing my interests for this case only and said representation will terminate at the conclusion of the

Conciliation Conference.

I certify that this filing complies with the provision of the Public Access Policy of the Unified

Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing

confidential information and documents differently than non-confidential information and documents.

_______________________________ _______________________________

Signature Signature

_______________________________ _______________________________

Printed Name Printed Name

_______________________________ _______________________________

Full Mailing Address Full Mailing Address

Must be returned and filed with the Prothonotary of Mercer County within thirty (30) days following

service of the Complaint and URGENT NOTICE upon Defendant(s).

Exhibit “B”

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

Plaintiff:

v. : No.

Defendant:

PRAECIPE FOR ENTRY OF LIMITED APPEARANCE

To the Prothootary:

Kindly enter my limited appearance for _____________________________

___________________________ , Defendant(s) in the above-captioned matter. This appearance is

limited to providing representation and advice to the Defendant(s) at any Court-Supervised

Conciliation Conference scheduled in this Mortgage Foreclosure proceeding, said limited appearance

being authorized by Administrative Order No. L11147.

I hereby certify that this filing complies with the provisions of the Public Access Policy of the Unified

Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing

confidential information and documents differently than non-confidential information and

documents.

_________________________________

Name of Attorney

Attorney for Defendant(s)

Address __________________________________

_________________________________________

Telephone No. ____________________________

Supreme Court ID# _______________________

Exhibit “C”

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

Plaintiff:

v. : No.

Defendant:

PRAECIPE FOR WITHDRAWAL OF LIMITED APPEARANCE

To the Prothonotary:

Kindly withdraw my limited appearance for _______________________

_________________________________(Defendant(s) in the above-captioned matter. Withdrawal of

this limited appearance is permitted pursuant to Administrative Order No. L1147. All further

notices should be sent directly to _________

______________________________(Defendants), at _________________________

_____________________________(last known address).

I certify that this filing complies with the provisions of the Public Access Policy of the Unified

Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing

confidential information and documents differently than non-confidential information and

documents.

_________________________________

Name of Attorney

Attorney for Defendant(s)

Address __________________________________

_________________________________________

Telephone No. ____________________________

Supreme Court ID# _______________________

Exhibit “D”

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

Plaintiff:

v. : No.

Defendant:

ORDER

AND NOW, this _______ day of ____________________________, 20___, as the (date of

Conciliation Conference) Court-Supervised Conciliation Conference in this matter has not resulted in an

alternate payment arrangement acceptable to both Plaintiff and Defendant(s), it is hereby ORDERED AND

DIRECTED as follows:

1. The stay issued in this matter by the (date of Order) Order is lifted.

2. Defendant(s) is/are advised that within twenty (20) days of the date of this Order (he/she/they)

must act as set forth in the Notice to Defend that was attached to the Complaint in Mortgage

Foreclosure that was served on (him/her/them) by Plaintiff. A copy of the Notice to Defend is

attached to this Order, and Defendant’s (s’) attention is directed to said Notice.

3. In the event Defendant(s) fail(s) to act as set forth in the attached Notice to Defend within twenty

(20) days of the date of this Order, Plaintiff shall provide the appropriate ten (10) day notice as

required by Pa.R.C.P. 237.5.

BY THE COURT:

___________________________________P.J.

Daniel P. Wallace, President Judge

Exhibit “E”

[Adopted January 22, 2025, effective 30 days after publication in the Pennsylvania

Bulletin.]

ARBITRATION

RULE L1301

SCOPE

All cases which are now or later at issue where the amount in controversy shall be thirty-five thousand dollars ($35,000) or less, exclusive of interest and costs, except those

involving title to real estate, shall be submitted to and heard by a board of arbitrators

consisting of three (3) members of the Bar in active practice in this county.

[Adopted March 29, 2019, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1302

LIST OF ARBITRATORS. APPOINTMENT TO BOARD. OATH.

(a) Upon the filing of a praecipe for arbitration, the Prothonotary shall notify the

court administrator who shall thereupon nominate a board of potential arbitrators

consisting of three (3) attorneys, plus one (1) attorney for each counsel of record

and each unrepresented party. The nomination shall be made from a list of

members of the bar qualified to act as arbitrators, which shall be kept by the court

administrator. Nomination shall be made in the order of listing, except where

attorneys are excused on account of incapacity or illness, or for other reasons

herein set forth. Not more than one (1) member of a firm or association of

attorneys shall be appointed to the same board and no members of a firm or

association of attorneys shall be appointed to a board to hear a case where another

member of such firm or association of attorneys is counsel for any of the parties

litigant.

(b) The list of attorneys nominated to the potential board shall be sent by the court

administrator to the attorney for each party and to each unrepresented party. Each

such party may strike off one (1) attorney so named and return the list to the court

administrator within five (5) days of receipt. The remaining three (3) attorneys

shall constitute the board of arbitration. If both or all parties strike the same name

or no name from the list, the first three (3) remaining names will make up the

board.

after (5) days if a list is not returned, he shall notify the Prothonotary of the

arbitrators selected. The Prothonotary shall, within ten (10) days, notify the

arbitrators in writing of their selection.

(d) The first member listed for a board who has been admitted to the practice of law

not less than three (3) years shall be chairman of the board and shall be

responsible for the setting of the date and place of hearing, for giving notice

thereof to opposing counsel and to the Prothonotary, and for the filing of the

board's report and award if any. The hearing must be set within sixty (60) days of

the appointment of the board.

(e) Once an arbitration hearing is scheduled it may be continued once by the

chairperson of the board. There may be no further continuances without leave of

Court.

(f) The members of the board shall be sworn as arbitrators before entering upon their

duties by a person authorized to administer oaths.

(g) All arbitration hearings shall be held in the Mercer County Courthouse unless

otherwise approved by the Court at the request of the chairperson. When the

hearing is to be held outside of the Courthouse, the original file shall remain at the

Courthouse; and the arbiters and parties shall familiarize themselves with the file

and obtain copies thereof as necessary.

[Adopted July 19, 2014, effective 30 days after publication in the Pennsylvania Bulletin.]

Rule L1308

APPEAL. ARBITRATORS’ COMPENSATION. NOTICE

(a) Each member of the Board of Arbitrators shall be paid by the county a fee, as fixed

by the court from time to time, for each case heard, upon the filing of the board's

report and award, if any.

(b) Upon the filing of the board's report or award, the Prothonotary shall certify to the

county commissioners and to the county controller that the report and award, if any,

has been filed, together with the names of the members of the board serving in the

case, and thereupon the county shall pay the aforesaid fee to each member of the

board serving in the case.

scheduled a hearing and has mailed notice of the arbitration hearing, but before the

arbiters are sworn, the chairperson shall receive a $75.00 fee. The other two

arbiters shall receive no fee. If the case is settled, compromised or withdrawn after

the arbiters are sworn, fees for one-half (1/2) day’s service shall be paid to all

arbiters. The Board of Arbitration for a case which has been settled, withdrawn or

terminated after the arbiters have been appointed but not sworn shall be assigned by

the Prothonotary to hear the next case proper for arbitration. In the event an arbiter

shall be disqualified from serving on the next case, such disqualified arbiter shall be

appointed to a Board of Arbitration upon the first case for which the arbiter is

eligible.

(d) The fees payable or paid to the members of the board of arbitrators under these

rules shall not be taxed as costs, nor follow the award with other costs.

ACTIONS FOR PRIMARY PHYSICAL CUSTODY

AND PARTIAL PHYSICAL CUSTODY OF MINOR

CHILDREN

RULE L1915.1

OFFICE OF THE CUSTODY CONCILIATOR

(a) The Mercer County Office of the Hearing Master is hereby renamed the Mercer

County Office of the Custody Conciliator.

[Adopted October 25, 2021, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1915.3

COMMENCEMENT OF ACTION. COMPLAINT. ORDER.

(a) Except for a custody action asserted in a divorce complaint, a plaintiff shall

commence a custody action by filing a verified complaint substantially in the form

provided by Pa.R.C.P. No. 1915.15(a)

(b) A motion for the appointment of a Conciliator shall be filed with any pleading that

includes a claim for primary physical custody or partial physical custody. The

motion and accompanying order shall comply with Pa.R.C.P. No.1920.74.

However, the party shall substitute the title “Conciliator” for “Master” where

appropriate in the motion.

(d) The order accompanying the motion for appointment of a Conciliator in all

primary physical custody or partial physical custody actions shall comply with

Pa.R.C.P. No. 1915.3(b) and Pa.R.C.P. No. 1915.15(c). The party filing the

motion shall obtain from the Office of the Custody Conciliator the date, time, and

place of the Conciliator conference.

(e) If a party is represented, the Office of the Custody Conciliator shall serve the order

scheduling the Conciliator conference on the party’s counsel by first class mail. If

a party is unrepresented, the Office of the Custody Conciliator shall serve the order

upon the party by first class mail at the party’s last known address.

(f) The Office of the Custody Conciliator shall also file a copy of the order

accompanying the motion for appointment of Conciliator with the Prothonotary.

(g) All Conciliator conferences regarding partial custody or supervised physical

custody shall comply with Pa.R.C.P. No. 1915.4-2(a).

[Adopted October 25, 2021, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1915.4-1

CONCILIATOR HEARINGS FOR PARTIAL CUSTODY ACTIONS

(a) Pursuant to Pa.R.C.P. No. 1915.4-1(a), with respect to partial custody actions

only, the Court adopts the alternate hearing procedure provided for under

Pa.R.C.P. No. 1915.4-2.

(b) Pursuant to Pa.R.C.P. No. 1915.4-1(b), with respect to partial custody actions

only, a party may, after the parties’ initial contact with the court as set forth in

Pa.R.C.P. No. 1915.4(a), promptly file a motion with the Prothonotary for a

hearing in front of a judge, rather than a hearing in front of the Conciliator.

only, will not be granted unless:

1. There are complex questions of law, fact or both; or,

2. The parties certify to the court that there are serious allegations affecting

the child’s welfare.

(d) The Conciliator shall determine whether a partial custody action qualifies for a

hearing in front of a judge pursuant (c)(1) or (c)(2) above. In the event a party

objects to the Conciliator’s determination, the appointing judge shall have final

discretion.

(e) All hearings involving partial custody actions that occur before the Conciliator

shall comply with the procedure set forth in Pa.R.C.P. No. 1915.4-2(b).

(f) A fee in an amount to be determined by court order shall be assessed against each

party for a Conciliator hearing in an action involving partial physical custody.

The fee shall be waived for any party determined to be indigent.

[Adopted October 25, 2021, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1915.4-2

CONCILIATOR HEARINGS BY DEFAULT. PARTIAL CUSTODY

ONLY.

(a) If the parties to a partial custody action do not reach an agreement at the

Conciliator conference, and neither party had moved for a hearing in front of a

judge prior to the Conciliator conference, the parties will be deemed to have

consented to a hearing before the Conciliator.

(b) A Conciliator hearing regarding a partial custody action shall comply with the

procedure set forth in Pa.R.C.P. No. 1915.4-2(b).

[Adopted October 25, 2021, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1915.4-3

CONCILIATOR CONFERENCE

(a) A conference before a Conciliator shall be held in all actions for primary

physical custody and partial physical custody unless a party in an action for

partial physical custody has filed a motion pursuant to Pa.R.C.P. No. 1915.4-

1(b) for a hearing in front of a judge prior to the Conciliator’s conference.

(b) In the event the parties reach an agreement at the Conciliator conference, the

Conciliator shall dictate a proposed order that encompasses the parties’

agreement in their presence or immediately thereafter. The Conciliator shall

then submit the order to the appointing judge for consideration.

conference, the Conciliator shall immediately dictate a proposed interim

custody order in the presence of the parties. The proposed interim order shall

be forwarded to the appointing judge for review and approval.

(d) In the event the parties do not reach an agreement at the Conciliator

conference, the Court Administrator shall schedule a Pre-Trial Conference in

front of the appointing judge.

(e) Once the Court Administrator schedules a Pre-Trial Conference, the

Conciliator shall prepare a report for the appointing judge. The report shall

indicate the positions of the parties and shall contain the Conciliator’s

recommendation as reflected in the proposed interim order.

(f) A copy of the Conciliator’s report and the interim order shall be served on

counsel if a party is represented, or on a party directly if pro se, and on the

guardian ad litem if one has been appointed. The parties shall not be

permitted to file exceptions to the interim order or the Conciliator’s report.

[Adopted October 25, 2021, effective 30 days after publication in the Pennsylvania

Bulletin.]

ACTIONS OF DIVORCE OR ANNULMENT OF

MARRIAGE

RULE L1920.51

HEARING BY THE COURT.

APPOINTMENT OF MASTER.

NOTICE OF HEARING.

(a) All actions for divorce under Section 3301(a) (b) and (d)(l)(i) of the Divorce

Code or for annulment, and all claims for alimony, alimony pendente lite,

bifurcation, equitable distribution of marital property, exclusive possession of the

marital residence, counsel fees, costs, expenses, or any aspect thereof shall be

heard by a master in the absence of a court order to the contrary.

(1) All actions or claims described in Section (a) hereof will not be

referred to a master until one of the parties files a motion for the

appointment of a master to hear the action(s) and/or claims(s) at issue

and pays an amount to be determined by court order, in addition to all

other costs provided by law, for the appointment of a master. The

motion shall be substantially in the form as provided by Pennsylvania

Rule of Civil Procedure 1920.74. The motion shall be filed with the

Prothonotary together with the proper fee.

(2) Upon receipt of the proper fee, the Prothonotary shall forward the

motion to the court administrator for assignment to a master.

(3) Unless the moving party is granted leave to proceed in forma pauperis,

no master will be appointed until the proper fee for the appointment of

the master is paid, or the court permits otherwise. If the monies are not

forthcoming and there are no other proceedings in the case for a period

of two years, the matter will be subject to termination pursuant to Rule

1901 of the Pennsylvania Rules of Judicial Administration.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.

Amended September 1, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1920.52

HEARING BY MASTER. REPORTER FEE. CONTINUANCE.

(a ) The Court Reporter fee for Master’s Hearings will be one hundred ($100) dollars

per party.

(1) If there are no continuances of the Master’s Hearing, the parties may request and

will receive a refund of fifty ($50) per party once the Hearing has been

completed.

(2) The Hearing may be continued without a loss of the refund if the continuance is

requested more than ten (10) days prior to the Hearing date; or if the President

Judge has approved a continuance necessitated by a required appearance in the

Common Pleas Court or other extenuating circumstance within ten (10) days of

the hearing.

(b ) Once a Master’s Hearing has been scheduled, any settlement reached by the

parties less than ten (10) days prior to the Hearing must be placed on the record

before the Master. The parties and their counsel must still attend the Hearing

although participation may occur by telephone if feasible.

(c ) All requests for continuances of a Master’s Hearing (not conference) must be

made in writing to the Master.

(1 ) If opposing counsel does not consent and/or the Master does not grant the

request, a Motion to Continue may be filed with the President Judge.

[Adopted April 23, 2009, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1920.53

HEARING BY MASTER. REPORT

(a) Where an action for divorce or annulment has been referred to a master, a

conference shall be held before the master prior to a hearing in the absence of a

court order to the contrary.

(1) The moving party shall deposit an amount to be determined by court order

with the Prothonotary before a master's hearing on an action for divorce or

annulment.

(2) In the event the master believes the amount of time (s)he must devote to

the case will exceed four (4) hours said time, or does exceed four (4)

hours, (s)he may recommend to the court that additional monies be

deposited by a party prior to the hearing or assessed against a party as

costs.

(3) The master's fee shall be taxed as part of the costs and paid as directed in

the final decree.

(4) In the event the parties resolve their differences prior to the hearing, all

sums deposited with the Prothonotary for the hearing shall be returned to

the depositor.

(5) In the event the master's fee for the hearing is less than the amount

deposited with the Prothonotary for the hearing, the difference shall be

returned to the depositor. If there was more than one depositor, the

difference shall be returned in proportion to the respective amounts

deposited.

RULE L1920.54

HEARING BY MASTER. REPORT. RELATED CLAIMS.

(a) Where a claim for alimony, alimony pendente lite, bifurcation. equitable

distribution of marital property exclusive possession of the marital residence,

counsel fees, costs, expenses or any aspect thereof, has been referred to a master.

a conference shall be held before the master prior to a hearing in the absence of a

court order to the contrary.

(b) With the exception of claims for alimony, alimony pendente lite, bifurcation,

counsel fees, costs or expenses;

(1) The moving party shall deposit an amount to be determined by court order

with the Prothonotary before the master's hearing: and,

(2) In the event the master believes the amount of time he must devote to the

case will exceed four (4) hours said time or does exceed four (4) hours,

(s)he may recommend to the court that additional monies be deposited by

a party prior to the hearing or assessed against a party as costs.

(3) The master's fee shall be taxed as part of the costs and paid as directed in

the final decree or a separate order.

(4) In the event the parties resolve their differences prior to the hearing, all

sums deposited with the Prothonotary for the hearing shall be returned to

the depositor.

(5) In the event the master's fee for the hearing is less than the amount

deposited with the Prothonotary for the hearing, the difference shall be

returned to the depositor. If there was more than one depositor, the

difference shall be returned in proportion to the respective amounts

deposited.

(6) The notes of testimony will not be transcribed unless exceptions are filed.

RULE L1920.55-2

MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

(a) Exceptions to a master's report must be filed with the Prothonotary within the

time prescribed by law.

(1) The party filing the exceptions shall serve a copy thereof on the date of

filing on every other party, the appointing judge, the master, the court

administrator and the court reporter by first class mail, postage prepaid, or

by handing them a true and correct copy thereof.

(2) After receipt of notice of the filing of exceptions to a master's report, the

court administrator shall schedule a conference before the appointing

judge.

(3) At the conclusion of the conference, an order will be entered setting forth

what portions of the master's hearing are to be transcribed and setting the

argument date on the exceptions.

(4) The party filing the exceptions shall pay all transcription charges in the

absence of a court order to the contrary.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.]

RULE 1920.60

TERMINATION OF INACTIVE DIVORCE CASES

(a) At least once a year, the Prothonotary of Mercer County shall provide to the

President Judge a list of all those divorce cases that have had no activity of record

for two years or more.

(b) Pursuant to Pa.R.C.P. Rule 230.2(b)(1), the Prothonotary shall then send Notices

of Proposed Termination to counsel of record, or to the parties if not represented,

for those divorce cases having no activity for two years or more.

shall advertise one time in the Mercer County Law Journal the list of all those

divorce cases where the Notice of Proposed Termination could not be given by

mail or had been returned undelivered. In addition to the list of cases, said

advertisement shall include a Notice of Proposed Termination and the statement:

“You have thirty (30) days to respond to this Notice by filing a Statement of

Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

(d) The Prothonotary shall comply with all other provisions found in Pa.R.C.P. Rule

230.2 when terminating inactive divorce cases that have been properly served a

Notice of Termination.

(e) The President Judge shall comply with Pa.R.C.P. Rule 230.2(d) regarding an

aggrieved party seeking to reinstate a terminated divorce case.

[Adopted March 15, 2022, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULES RELATING TO DOMESTIC RELATIONS

MATTERS GENERALLY

RULE L1930.7

FLAT FILING OF PAPERS

All papers filed with the clerk of the Domestic Relations Section shall be prepared for flat

filing on paper approximately 8 ½ inches x 11 inches in size. Such papers shall contain

on their face the following information: designation of the Court, designation of the

section of the Court, date of filing, file number, caption, title of pleading, notice to plead

or other form of notice, certification when applicable, name, address, Supreme Court

number, and telephone number of the attorney or law firm filing the pleading upon whom

papers may be served when applicable.

RULE L1930.8

CLERK OF THE DOMESTIC RELATIONS SECTION

(a) The clerk of the Domestic Relations Section shall immediately endorse all papers

submitted for docket filing with the date of such filing. The clerk of the Domestic

Relations Section shall enter all rules, pleading and other papers submitted for

docket filing in every case in the docket maintained by the Domestic Relations

Section.

(b) The clerk of the Domestic Relations Section shall be responsible for the

safekeeping of all records and papers submitted for docket filing in the Domestic

Relations Office.

Domestic Relations Section or by Order of Court, except an Entry of Appearance

by counsel.

(d) All papers filed with the clerk of the Domestic Relations Section shall be

designated numerically starting with the number 1 for each calendar year and

followed by the alphabetical symbols "D. R." and the year of filing.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L1930.9

INFORMATION TO CONSUMER CREDIT BUREAUS

(a) The Domestic Relations Section shall, before releasing information as to

arrearage for support owing by any obligor, notify the obligor by regular mail by

sending the following notice:

This Notice is sent to inform you that

__________________________________________________________________

(Name of Consumer Credit Bureau of organization)

of _______________________________________________________________

(Address)

has requested information as to the arrearage you owe under your support Order

through the Domestic Relations Section of the Court of Common Pleas of Mercer

County, Pennsylvania. Our records indicate your arrearages are

$________________ as of ______________ , 20___.

This information will be released to said Credit Bureau unless, within 20 days of

this date, we receive a written objection from you contesting the accuracy of the

calculated arrearages or stating a valid reason why the information should not be

made available.

_______________, 20 ____

__________________________

Director, Domestic Relations

(b) A fee will be imposed by the Domestic Relations Section upon the Consumer

Credit Bureau of organization requesting information.

INCAPACITATED PERSONS AS PARTIES

RULE L2056

PROCEDURE WHEN INCAPACITY OF A PARTY IS

ASCERTAINED

Except as otherwise directed by the court, notice shall be given by personal service on

such guardian, or by leaving a copy of the notice at his/her residence or place of business,

or by mailing a notice by registered or certified mail. If service, as above cannot be made,

then notice shall be given by such publication as the court may direct.

UNINCORPORATED ASSOCIATIONS AS PARTIES

RULE L2152

ACTIONS BY ASSOCIATIONS

The plaintiff's initial pleading in an action prosecuted by an association shall set forth the

names and addresses of all officers thereof or of all persons known to be holding

themselves out as such. In case the said officers do not constitute the trustees ad litem, or

have not consented to the prosecution of the action by consent in writing attached to the

initial pleading, the plaintiffs shall serve notice, in the manner provided in the

Pennsylvania Rules of Civil Procedure of the bringing of the action upon said officers

within ten (10) days thereafter and file proof thereof in the action; otherwise, the action

shall be automatically stayed until such proof is filed.

ACTIONS FOR WRONGFUL DEATH

RULE L2205

NOTICE TO PERSONS ENTITLED TO DAMAGES

The notice shall in all cases be given personally or by registered or certified mail to each

person entitled by law to recover damages in the action, unless the plaintiff shall file an

affidavit that the identity or whereabouts of any such person is unknown to him after

diligent search therefore, in which case the plaintiff shall cause the notice to be advertised

once in a newspaper of general circulation published in Mercer County and in the Mercer

County Law Journal.

CONFESSION OF JUDGMENT FOR MONEY

RULE L2952

CONFESSED JUDGMENTS

When a judgment is entered upon any instrument containing a warrant of attorney, which

instrument accompanies a mortgage, a statement shall be placed in the complaint

showing the book and the page where said mortgage is recorded. If the instrument is

entered without a complaint a statement shall be placed upon the instrument itself.

ENFORCEMENT OF MONEY JUDGMENTS FOR

THE PAYMENT OF MONEY

RULE L3110

EXECUTION AGAINST CONTENTS OF SAFE DEPOSIT BOX

When the plaintiff seeks to serve a party by publication as provided in paragraph (c) of

R.C.P. 3110, it shall be sufficient service to publish said notice once in a newspaper of

general circulation in Mercer County and once in the Mercer County Law Journal. Proofs

of publication shall be filed.

RULE L3112

SERVICE OF THE WRIT UPON GARNISHEE, REAL PROPERTY

OF DEFENDANT IN NAME OF THIRD PARTY

Whenever a party seeks to serve a garnishee by publication as provided in paragraph (c)

of R.C.P. 3112, it shall be sufficient service to publish said notice once in a newspaper of

general circulation in Mercer County and once in the Mercer County Law Journal. Proofs

of publication shall be filed.

RULE L3123

DEBTOR'S EXEMPTION

The sheriff following an appraisal or designation shall immediately thereafter and before

sale give notice thereof by first class United States mail to all interested parties of the

appraisal or designation, which notice shall set forth the right of appeal to the Court of

Common Pleas within forty-eight (48) hours thereof.

RULE L3128

NOTICE OF SALE

PERSONAL PROPERTY

One copy of the handbill shall be mailed by certified United States mail to the defendant

by the sheriff.

DEPOSITIONS AND DISCOVERY

RULE L4010

PHYSICAL AND MENTAL EXAMINATION OF PERSONS

When a mental or physical examination has been made pursuant to R.C.P. 4010, counsel

shall be prepared to deliver and exchange medical reports, as provided therein, not more

than five (5) days after any report, written or oral, has been received.

[Adopted July 19 2004, effective 30 days after publication in the Pennsylvania Bulletin.]

REAL ESTATE TAX ASSESSEMENT APPEALS

RULE L5000

DEFINITIONS

The following rules shall apply to all appeals from a real estate tax assessment

determined by the Mercer County Board of Assessment Appeals or an Auxiliary Board.

These rules shall apply to all appeals taken following their effective date and may be

applied as appropriate to any pending appeals ninety (90) days after the effective date.

Definitions:

Appeal--An appeal from the Mercer County Board of Assessment Appeals as defined in

the Consolidated County Assessment Law, 53 Pa. C.S.A § 8854.

Auxiliary Board--A temporary auxiliary appeal board established by the Mercer County

Board of Commissioners to hear assessment appeals pursuant to 53 Pa. C.S.A. § 8853.

Board--The Mercer County Board of Assessment Appeals or Auxiliary Board.

Commercial Property--Any property whose purpose is to generate income for its owner

or is otherwise designated in the tax assessment records as commercial in use.

Commercial property shall not include a rented single-family dwelling or a rented multi-family dwelling with less than five units.

Comparable- Properties with similar characteristics such as location, physical layout,

condition and the like.

Date of Decision--The date of the Board’s decision.

Party--The Appellant, the Board, an intervenor, and any other person or entity entitled to

notice of the appeal.

Property Owner--The record owner of the property as set forth in the tax assessment

records.

Regular Mail--United States Postal Service first-class mail, postage prepaid.

Residential Property--Any property on which persons live or dwell which is not used for

commercial purposes, including non-rented single-family dwellings and non-rented

multi-family dwellings with less than five units.

Taxing Authority--Any county, city, borough, township, school district, or other public

corporation having the power and authority to levy taxes on the assessment of the real

estate in question.

Verified--When used in reference to a written statement of fact by the signer, means a

statement made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn

falsification to authorities.

Rule L5000.1

REAL ESTATE TAX ASSESSMENT APPEALS

(a) All filings pertaining to a real estate tax assessment appeal shall contain a coversheet,

caption, and form L50001(a) in accordance with these rules.

(b) An appeal from a real estate tax assessment shall be initiated by filing a petition with

the Prothonotary.

Appeal” or “Petition for Real Estate Tax Exemption Appeal”.

(d) The petition shall contain the following:

(1) A caption designating the named party filing the appeal as the Appellant, the Mercer

County Board of Assessment Appeals and the Tax Parcel Identification Number of the

subject property.

(2) A cover page which includes the caption and identifies the following:

(i) A designation of whether the appeal involves residential or commercial property;

(ii) A listing of all interested parties, including but not limited to the municipality and

the school district wherein the property is located;

(iii) The name of the property owner if different than the Appellant;

(iv) The address of the property;

(v) The names of all intervenors who have filed a Notice of Intervention, pursuant to

Rule L5000.2.

(3) The caption and cover page shall be substantially in the form reflected in FORM

L5000.1(d)(3).

(4) The reasons for the appeal, identifying whether the challenge is based on fair market

value, base year value, and/or a constitutional challenge based on uniformity, or the

reasons why the property is exempt from taxation.

(5) A reference to the decision of the Board being appealed from and the Date of

Notification. A copy of the Board’s notice of decision shall be attached to the petition as

an exhibit.

(6) A verification in accordance with Pa. R.C.P. 206.3, if the petition contains an

allegation of fact which does not appear of record.

(7) An order appointing a master in the form attached hereto as form L5000.1(d)(7).

(e) The Appellant shall serve copies of the Petition for Real Estate Tax Assessment

Appeal by regular mail upon the Mercer County Board of Assessment Appeals c/o the

Mercer County Assessment Office, the governing body of the municipality in which the

property is located, the board of school directors of the school district in which the

property is located and the property owner if the property owner is not the Appellant.

(f) Within ten (10) days after filing the petition, the Appellant shall file with the

Prothonotary a proof of service containing a verified statement that service was made on

all parties by regular mail.

(g) Except for the parties to the appeal (the Board, the Appellant, and the property owner

if the property owner is not the Appellant), all other interested parties will not receive

further notice until such interested party files a Notice of Intervention pursuant to Rule

L5000.2.

(h) There shall be no requirement that the appellee, or any other party, file an answer or

responsive pleading to the petition.

(i) All appeals shall be subject to Pa. R.C.P. 1012 (entry, withdrawal or substitution of

appearance), 1023.1 (signing of documents and representations to the Court), and 1025

(endorsement), as amended.

(j) Cross-appeals shall not be permitted. If a cross-appeal is filed, the Court shall dismiss

the cross-appeal and proceed with the earlier filed appeal.

(k) No appeal may be withdrawn without the consent of all other parties or leave of court.

In the event an appeal is settled between the parties with taxing authority approval, the

parties shall within seven (7) days of reaching the settlement execute a Tax Assessment

Appeal Settlement Agreement and Stipulation with attached Consent Order in

substantially the form reflected in FORM L5000.12(c). Upon presentation of the

Agreement and Stipulation to the Court, the Court shall enter the Consent Order setting

the stipulated assessed value and directing the Prothonotary to mark the case settled and

discontinued. No leave of Court is required if the parties agree to settle the appeal.

Note: The Pennsylvania Rules of Civil Procedure do not apply to real estate tax

assessment appeals, unless specifically adopted by local rule or order of court. In re

Mackey, 687 A.2d 1186 (Pa.Commw.Ct. 1997).

RULE L5000.2

INTERVENTION

(a) Any taxing authority or other interested party who wishes to participate in the appeal

may intervene as a matter of course by filing a Notice of Intervention with the

Prothonotary within twenty (20) days of receiving notice of the appeal.

(b) The Notice of Intervention shall include the name of the intervening party, designate

the name of the intervening party on the cover page as “Intervenor”, and shall state that

such party is intervening. The notice shall also include the address of the intervenor,

unless simultaneously filed with the entry of appearance of counsel.

reflected in FORM L5000.2(c).

(d) An intervenor shall serve copies of the Notice of Intervention by regular mail upon

the Mercer County Board of Assessment Appeals c/o the Mercer County Assessment

Office, the governing body of the municipality in which the property is located, the board

of school directors of the school district in which the property is located, the property

owner, if the property owner is not the Appellant, and any other intervening parties of

record.

(e) Within five (5) days of filing the Notice of Intervention, an intervenor shall file a

proof of service with the Prothonotary reflecting that service was made by regular mail.

The proof of service shall contain a certification and verified statement that the official

court docket has been reviewed and that all parties and intervenors of record are listed

and have been served.

(f) The Proof of Service of Notice of Intervention shall be substantially in the form

reflected in FORM L5000.2(f).

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

Intervention.

(h) Any taxing authority or interested party, who does not file a Notice of Intervention,

will not receive further notices regarding the assessment appeal.

RULE L5000.3

DISCOVERY

(a) Except as otherwise provided by this rule, discovery shall be by leave of court only

for cause shown. Nothing in these rules shall prohibit an agreement among the parties

regarding discovery not otherwise authorized by these rules.

(b) In all cases involving commercial property, the taxing authorities may serve a copy of

Tax Assessment Appeal Discovery Requests (FORM L5000.3(b)) on the taxpayer. The

taxpayer shall furnish the information sought in the Discovery Requests as set forth in

Rule L5000.6(b).

order or motions to compel, shall be presented upon proper notice to the judge assigned

to the case.

(d) A party may inspect the property at a reasonable time(s) upon the condition that such

party provides written notice of the inspection no less than twenty (20) days prior to the

property owner, if unrepresented, or the counsel of record for the property owner. If the

property owner objects to the inspection or the time for inspection set forth in the notice,

the property owner shall file written objections to such inspection and present such

objections to the assigned judge or master. Notice shall be provided to all other parties of

record.

RULE L5000.4

CONSOLIDATION

(a) The Court on its own motion, or on the motion of a party, may consolidate real estate

tax assessment or exemption appeals involving properties that are similarly situated.

(1) A motion to consolidate shall be determined in accordance with Pa. R.C.P. 213.

(2) If the Court grants a motion to consolidate real estate tax assessment or exemption

appeals, it shall enter a case management order setting forth all pre-hearing deadlines.

RULE L5000.5

APPOINTMENT OF CONCILIATOR

The court may hear the testimony, or, upon its own motion, appoint a conciliator with

respect to all or any of the matters involved in the real estate tax assessment appeal to

issue a report and recommendation. The order of appointment shall specify the matters

which are referred to the master.

Note: The Court possesses the inherent authority to appoint a conciliator to assist it in

performing its various functions, including the production of advisory opinions regarding

tax assessment appeals. Appeal of 322 Blvd. Associates, 600 A.2d 630 (Pa. Commw. Ct.

1991).

RULE L5000.6

PRE-HEARING PROCEDURE

RESIDENTIAL

(a) In real estate tax assessment appeals involving residential property, the following case

management schedule shall govern the appeal, absent a case management order from the

Court:

(1) Within seventy-five (75) days of the filing of the appeal, the Appellant shall serve a

copy of all documents supporting the appeal, such as comparable or other evidence, and a

statement of the grounds and basis of the appeal, on the Board and all other parties.

(2) The Conciliator shall schedule a conciliation conference within one hundred and

twenty (120) days of the filing of the appeal. All counsel and parties, or a designated

representative, shall be present at the conciliation conference. The property owner, or

their designated representative, shall have full authority to settle.

(3) Upon receipt of the Appellant’s documents supporting the appeal, such as comparable

or other evidence, and a statement of the grounds and basis of the appeal, the Board or

any other party shall prepare an analysis which it shall be required to present at the

conciliation conference for the purpose of attempting to resolve the appeal.

(4) In the event the appeal is not resolved at the conciliation conference, the Conciliator

shall schedule a disposition hearing within sixty (60) days and direct Appellant, no later

than thirty (30) days prior to the disposition hearing, present the court and all other

parties with a copy of their appraisal report. All other parties shall serve Appellant and

the court with their appraisal report within fourteen (14) days of the disposition hearing.

(5) If a party fails to provide an appraisal report within the time provided by this rule, by

leave of court, or within such time as agreed to by the parties and approved by the Court,

then, upon motion, the Court may preclude that party from presenting any evidence of

valuation at the disposition hearing.

COMMERCIAL

(b) In real estate tax assessment appeals involving commercial property, the following

case management schedule shall govern the appeal, absent a case management order from

the Court:

(1) Discovery requests shall be propounded within sixty (60) days of the filing of the

appeal.

(2) Responses to discovery shall be furnished within forty-five (45) days of the date of

the requests.

(3) Within ninety (90) days of the filing of the appeal, the Appellant shall serve a copy of

all documents supporting the appeal, such as comparable or other evidence, and a

statement of the grounds and basis of the appeal, on the Board and all other parties.

(4) The Conciliator shall schedule a conciliation conference within one hundred and

twenty (150) days of the filing of the appeal. All counsel and parties, or a designated

representative, shall be present at the conciliation conference. The property owner, or

their designated representative, shall have full authority to settle.

(5) Upon receipt of the Appellant’s documents supporting the appeal, such as comparable

or other evidence, and a statement of the grounds and basis of the appeal, the Board or

any other parties shall prepare an analysis which it shall be required to present at the

conciliation conference for the purpose of attempting to resolve the appeal.

(6) In the event the appeal is not resolved at the conciliation conference, the Conciliator

shall schedule a disposition hearing within sixty (60) days and direct Appellant, no later

than thirty (30) days prior to the dispositional hearing, present the court and all other

parties with a copy of their appraisal report. All other parties shall serve Appellant and

the court with their appraisal report within fourteen (14) days of the disposition hearing.

(7) Each party shall file a Pre-Hearing Memorandum within fourteen (14) days of the

disposition hearing, serving a copy of their Memorandum on all other parties. The Pre-Hearing Memorandum shall set forth (1) the contended fair market value of the subject

real estate; (2) the names of all witnesses to be called at the hearing; (3) a list of all

exhibits intended to be introduced at the hearing; (4) any pre-hearing motions, with

supporting legal authority; (5) a summary of any legal issues; and (6) a copy of any

appraisal report to be presented at the disposition hearing.

(8) If a party fails to provide an appraisal report within the time provided by this rule, by

leave of court, or within such time as agreed to by the parties and approved by the Court,

then, upon motion, the Court may preclude that party from presenting any evidence of

valuation at the disposition hearing.

RULE L5000.7

HEARING BY THE COURT

(a) Appeals not settled or concluded following the conciliation conference shall be

scheduled by the Court for a disposition hearing before either the assigned judge or

conciliator.

(b) A disposition hearing conducted by the assigned judge shall be conducted in the same

manner as a trial without jury pursuant to Pa. R.C.P. 1038.

RULE L5000.8

HEARING BY CONCILIATOR; REPORT; OBJECTIONS;

TRANSCRIPT

(a) A disposition hearing conducted by a conciliator shall include a report prepared by the

conciliator containing findings of fact, conclusions of law, and a recommended

disposition of the appeal. The conciliator’s report shall contain a Notice substantially in

the form reflected in FORM L5000.8(a).

(b) The conciliator’s report and recommendation shall be filed with the Prothonotary who

shall serve a copy of the report on all counsel and unrepresented parties of record by

regular mail.

before a conciliator. Any requests for transcription shall be in accordance with the

Pennsylvania Rules of Judicial Administration governing court reporting and transcripts.

(d) Any exhibits admitted into evidence before the conciliator are part of the court record

and shall be maintained with the official court record in the appropriate filing office.

(e) Any party may file objections to the report and recommendation of the conciliator

within fourteen (14) days of the filing of the master’s report and recommendation.

Objections must be accompanied by a certification of counsel, or a party if unrepresented,

that a transcript of all proceedings before the master, or necessary portions of the

transcript, have been requested from the court reporter.

(f) Any request for a transcript shall be governed by the applicable Pennsylvania Rules of

Judicial Administration pertaining to court reporting and transcripts.

(g) If no trial transcript is filed within sixty (60) days of the date the Objections were

filed, the court reporter shall send the objecting party a letter, with copies to all counsel

and parties not represented by counsel, stating that the transcript must be paid for and

filed within thirty (30) days of the date of the letter, and that if no transcript is filed

within the time period, then a court order shall be issued overruling the objections with

prejudice.

(h) Within twenty (20) days of the date on which the transcript is filed of record the

objecting party shall file a Brief in Support of Objections along with a Praecipe for

Argument Court. The Brief in Support of Objections shall refer to transcript page

numbers where possible.

(i) Within twenty (20) days after the objecting party has filed its Brief in Support of

Objections, all responding parties shall file their Briefs in Opposition to Objections.

(j) If an objecting party fails to timely file its Brief in Support of Objections any non-objecting party may file a motion to compel after which the court will issue an order

directing that if the objecting party’s brief is not filed within twenty (20) days of the date

of the order that the objections will be overruled with prejudice. If a non-objecting party

fails to timely file its Brief in Opposition to Objections the court may rule on the

objections without reference to any subsequently filed brief.

(k) A copy of any brief filed shall be served on all counsel of record, a party if

unrepresented and the Court.

Note: If a Brief in Opposition has been filed by a taxing authority, other taxing authorities

may file a statement joining in that brief and forego filing their own brief.

RULE L5000.9

DECISION; FINAL ORDER; NO POST-TRIAL MOTIONS

(a) Upon the filing of the Praecipe required by L5000.8(h), the Court may schedule oral

argument on the objections, or enter a final order based on the briefs and record alone.

(b) In the event that none of the parties file objections as described above, the report and

recommendation of the master shall become the final order of court.

RULE L5000.10

REAL ESTATE TAX EXEMPTION APPEALS

(a) Real estate tax exemption appeals shall be governed by the same rules as real estate

tax assessment appeals; provided, however, that Rules L5000.3 and L5000.6 shall not be

applicable.

(b) Real estate tax exemption appeals from decisions of the Board shall be subject to the

provisions pertaining to discovery in the Pennsylvania Rules of Civil Procedure.

conference requirements of Rule L317(A), (B) and (C), with the exception that no party

shall be required to present a case summary at the status conference. The Court shall

issue a case management order pursuant to Rule L317(C)(3) as if the case were

designated a “Regular Case”.

RULE L5000.11

NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY; CHANGE

OF ADDRESS

(a) If at any time during an appeal filed pursuant to Rule L5000, et seq., ownership of the

property at issue is transferred, changed, or altered in any way, the property owner listed

of record in the appeal is required to file notice of the transfer/change/alteration with the

Prothonotary

(b) The notice shall provide the following information:

(1) The name(s) and addresses(es) of the new owner(s) of the property.

(2) The type of transfer/change/alteration (e.g., property sold); and

(3) The date of the transfer/change/alteration.

RULE L5000.12

SETTLEMENT

(a) When the parties to a tax assessment appeal or their counsel agree upon the terms of

settlement, they shall notify the Court in writing, as soon as possible, so that the case may

be removed from the hearing list.

(b) The terms of settlement shall be contained in a Tax Assessment Appeal Settlement

Agreement and Stipulation, executed by or on behalf of all parties which includes the

following:

(1) The stipulated fair market value of the property.

(2) The applicable Common Level Ratio percentage.

(3) The stipulated assessed value of the property set forth by land, building(s) and total.

(4) The effective date of the stipulated assessment.

(5) The name and address of the person or entity due a refund or to be billed for

additional tax payments on account of the settlement.

(6) A proposed consent order containing the terms of settlement.

Order shall be substantially in the form reflected in FORM L5000.12(c).

FORMS

FORM L5000.1(d)(3): Caption and Cover Page

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.: ________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.: __________________________:

=====================================================================

Residential/Commercial (Select One)

School District: _____________________________________________________

Municipality: _______________________________________________________

Property Owner: ____________________________________________________

Property Address: ___________________________________________________

Intervenor(s): _______________________________________________________

FORM L5000.1(d)(7) Conciliator appointment

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

CIVIL DIVISION

REAL ESTATE ASSESSMENT APPEAL

_________________________, :

Appellant:

: Civil _________ - _________

vs. : Property Tax ID. _____________________

Mercer County Board of Assessment Appeal,

ORDER APPOINTING CONCILIATOR

AND NOW, this _____________ day of ___________________, 20____,

_____________________________, is hereby appointed conciliator with respect to the following claims:

() Commercial property appeal conciliation conference

() Residential property appeal conciliation conference

A conciliation conference shall be conducted at a time, date and place to be established by the

conciliator.

The conciliator shall make a report to this Court with a proposed Order, a copy of which shall be

furnished to the parties through their attorneys, or if no attorney by regular mail to the last known address

of the party. The report shall either inform the Court that this matter has settled, and the parties will file the

settlement agreement as required by local rules or the matter has not settled and provide for the scheduling

of a pre-trial hearing before the Court.

BY THE COURT:

___________________________________J.

DATE: __________________

FORM L5000.2(c): Notice of Intervention and Entry of Appearance

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.: ________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.: __________________________:

NOTICE OF INTERVENTION AND ENTRY OF APPEARANCE

___________________________ enters the above captioned matter as an Intervenor.

Please enter my appearance.

______________________________________

Signature of Intervenor/Counsel for Intervenor

Name and address of Intervenor for service

Name: _________________________________

Address: _______________________________

Phone: _________________________________

Email/Facsimile: _________________________

FORM L5000.2(f): Proof of Service of Notice of Intervention

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.: ________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.: __________________________:

PROOF OF SERVICE OF NOTICE OF INTERVENTION

I hereby certify that a Notice of Intervention and Entry of Appearance in the above caption matter

has been served upon Appellant, the Mercer County Board of Assessment Appeals c/o the Mercer County

Assessment Office, the governing body of the municipality in which the property is located, the board of

the school district in which the real property is located, the property owner, and any other intervening

parties of record as per the official court docket reviewed on ______________, 20 __________, by regular

first-class mail, postage prepaid, addressed as follows:

(Listing of parties/intervenors served)

I understand that false statements herein are made subject to the penalties of 18 PA C.S.A. Section

4904, relating to unsworn falsification to authorities.

______________________________________

Signature of Intervenor/Counsel for Intervenor

Name: _________________________________

Address: _______________________________

Phone: _________________________________

Email/Facsimile: _________________________

FORM L5000.3(b): Tax Assessment Appeal Discovery Requests

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.: ________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.: __________________________:

TAX ASSESSMENT APPEAL DISCOVERY REQUESTS

AND NOW, comes (name) and serves the following Tax Assessment Appeal Discovery Requests

upon (name) pursuant to Rule L5000.3. Pursuant to Rule L5006(b) all applicable responses to these

Discovery Requests must be furnished to the requestor within forty-five (45) days after the receipt of these

Requests.

REQUESTS FOR DOCUMENTS

Please produce copies of the following documents:

1. All surveys (land, structural, environmental, etc.), building plans and site plans showing the design

construction and location of the subject property.

2. All mortgages, promissory notes, deeds, and agreements of sale made or assumed regarding the

subject property over the last three years and any corresponding closing statements.

3. All appraisals, fair market valuations or other evaluations reflecting the value of the subject

property made over the last three years.

4. All loan applications of any kind involving or relating to the subject property which have been

signed or submitted within the last three years.

5. All taxes, leases, ground leases, agreements, licenses, occupancy schedules, rent schedules (or

rolls) relating to the subject property over the last three years.

6. All written listing agreements, offers to purchase or offers to sell the subject property made within

the last three years.

7. All soil tests or mineral evaluations, permits or permit requests, requests relative to zoning

variance, or similar applications or requests made to any governmental body within the last three years

concerning the subject property and the results of any such applications or requests.

8. All federal and state income tax returns and audited financial statements with respect to the subject

property over the last three years.

9. All corporate or partnership prospectus or private placement memorandum that contains any

reference to the value of the subject property within the last three years.

10. All insurance policies and/or binders covering the subject property, its building contents and any

building or business located on the property for the last three years.

11. All documents which describe in whole or in part any physical improvements to the subject

property (whether made by the owner of the property or by a tenant) within the last three years.

12. All documents listing or describing capital improvement(s) made to the subject property over the

last three years, including the cost of the capital improvement(s) and the completion date(s).

13. All documents relating to the leasing commissions paid with respect to the subject property over

the last three years, including the corresponding space, the commission paid, and the date paid.

INTERROGATORY

Please answer the following:

1. Set forth by name, address and telephone number the person to contact regarding conducting an

inspection of the subject property.

FORM L5000.8(a): Master’s Report Notice

NOTICE

Any party objecting to the Master’s Report shall file Objections with the Mercer County

Prothonotary within thirty (30) days of the receipt of this Notice. A copy of the Objections must be

accompanied by a certification of counsel or by the objecting party, if unrepresented, that the hearing

transcript, or necessary portions of the transcript, have been ordered from the court reporter. Copies of the

Objections and the certification shall be served on the Master and all counsel of record, or the parties if

unrepresented.

FORM L5000.12(c): Tax Assessment Appeal Settlement Agreement and Stipulation

and Consent Order

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.: ________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.: __________________________:

TAX ASSESSMENT APPEAL SETTLEMENT AGREEMENT AND STIPULATION

WHEREAS the Appellant(s) filed an appeal to this Court of the assessment set by the Mercer County

Board of Assessment Appeals for the above referenced property; and

WHEREAS, based upon the risk and hazards of litigation, the parties have decided that it is in their best

interest to settle the above-captioned assessment appeal based upon the terms and conditions set forth

below in Agreement.

NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings contained

herein, the receipt and sufficiency of which is acknowledged, and intending to be legally bound hereby, the

parties hereto agree and stipulate as follows:

1. Commencing on _________________________, it is agreed to and stipulated that the assessment for the

above-referenced property shall be based on the following fair market value, common level ratio

percentage and assessed value:

Year

Fair Market Value

Common Level Ratio

Percentage

Assessed Value:

Land

Building

Total

2. The parties agree to the entry of the Consent Order, in the form attached hereto, setting the assessed

value of the property as set forth above and directing that the Prothonotary mark this case settled and

discontinued.

3. If applicable, all excess tax payments made by the taxpayer due to this settlement shall be refunded to

___________________________________________________________, within ninety (90) days of the

entry of the Consent Order.

4. The parties shall bear their own attorneys' fees, costs and expenses incurred in connection with this

appeal.

5. Each person signing this Agreement represents that he or she has been duly authorized and empowered

to sign this Agreement on behalf of the party which such person purports to represent and that this

Agreement is a lawful and binding obligation of such party.

6. This Agreement may be executed in counterparts.

on behalf of the Taxpayer

on behalf of the County

on behalf of the School District

on behalf of the Municipality

IN RE APPEAL OF:

____________________________________:

(Name of Appellant):

: Case No.:________________

From the Decision of the Mercer County:

Board of Assessment Appeals:

Tax ID No.:__________________________:

CONSENT ORDER

AND NOW, this ____day of ___________, ________, upon review of the attached Tax

Assessment Appeal Settlement Agreement and Stipulation executed by all parties to this appeal, IT IS

HEREBY ORDERED AND DIRECTED that the Mercer County Board of Assessment Appeals shall set

the assessed value for the property which is the subject of this appeal in the amount reflected in the parties’

attached Agreement and Stipulation for tax year ________, and that said assessed value shall carry over

into future years, until such time as there is a new County-wide reassessment or a future assessment appeal.

IT IS FURTHER ORDERED AND DIRECTED that any refund due the taxpayer from the

settlement of this assessment appeal shall be made within ninety (90) days of the entry of this Order. The

Prothonotary shall mark this appeal settled and discontinued.

BY THE COURT:

_______________________________

[Adopted January 14, 2026, effective 30 days after publication in the Pennsylvania

Bulletin.]

Provenance

Source: www.mercercountypa.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 783c0863378c604dab1be38ef9e3e69244ec6b9d3d0ad61dbdb1801728df76eb

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs