PA · rules

Philadelphia Cnty. C.P. CP-Trial Division-Civil 4

Pay your monthly rent on an ongoing basis into the escrow account in thirty (30) day

activein force · 2020-01-20 – presentact-effective-date

intervals from the date the Notice of Appeal was filed until the time of your trial. It is important

to count the thirty (30) days exactly because the date of your payment will change depending

on the number of days in a given month.

OPTION B. If you are a low-income tenant, and there was a money judgment against you for nonpayment of rent, and you HAVE paid rent for the month in which the Notice of Appeal is filed, you

do not have to pay rent at the time you file your Notice of Appeal. You must:

1. File an In Forma Pauperis petition (a petition for low-income parties), pursuant

to Pa.R.C.P. No. 240;

2. Pay your monthly rent on an ongoing basis into an escrow account with the Office of Judicial

Records in thirty (30) day intervals from the date the Notice of Appeal was filed until the

time of trial. It is important to count the thirty (30) days exactly because the date of your

payment will change depending on the number of days in a given month.

OPTION C. If you are a low-income tenant, and no money judgment was entered against you for

nonpayment of rent, you do not have to pay rent at the time you file your Notice of Appeal. This

option is to be used if at the Municipal Court hearing, the judge determined that you owed “zero” or

“nothing” in rent. You must:

1. File an In Forma Pauperis petition (a petition for low-income parties), pursuant

to Pa.R.C.P. No. 240;

2. Pay your monthly rent on an ongoing basis into an escrow account with the Office of Judicial

Records in thirty (30) day intervals from the date the Notice of Appeal was filed until the

time of your trial. It is important to count the thirty (30) days exactly because the date of your

payment will change depending on the number of days in a given month.

OPTION D. If your income is higher than the income limits on the attached chart, you must:

1. Pay the fee to file a Notice of Appeal;

2. Pay the lesser of three (3) months' rent or the amount of rent awarded to the landlord in the

Municipal Court into an escrow account with the Office of Judicial Records’ office at the time

the Notice of Appeal; and

3. Pay your monthly rent into the escrow account in thirty (30) day intervals from the date the

Notice of Appeal was filed until the time of trial. It is important to count the thirty (30) days

exactly because the date on your payment will change depending on the number of days in a

given month.

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

CIVIL TRIAL DIVISION

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. : Landlord - Tenant Number

TENANT'S SUPERSEDEAS AFFIDAVIT

(SECTION 8)

I, ______________________________________________________________________

PRINT NAME AND ADDRESS HERE

________________________________________________________________________,

have filed a Notice of Appeal from a Municipal Court judgment awarding to my landlord possession

of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3)

times my monthly rent or the actual rent in arrears. My total household income does not exceed the

income guidelines set forth in the supplemental instruction for obtaining a stay pending appeal and I

have completed an In Forma Pauperis (IFP) petition to verify this.

Check one: □I have paid the rent this month. □ I have not paid the rent this month.

The total amount of monthly rent that I personally pay to the landlord is $_______.

I hereby certify that I am a participant in the Section 8 program and I am not subject to a

final (i.e. non-appealable) decision of a court or government agency which terminates my right to

receive Section 8 assistance based on my failure to comply with program rules.

I verify that the statements made in this affidavit are true and correct to the best of my

knowledge, information and belief. I understand that false statements herein are made subject to the

penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.

__________________________ ____________________________________________

DATE SIGNATURE OF APPELLANT

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

TRIAL DIVISION-CIVIL

: _____________ TERM, 20__

Plaintiff, :

: NO.___________

v. :

: ___________________________________

Defendant. Landlord - Tenant Number

TENANT'S SUPERSEDEAS AFFIDAVIT

(NON-SECTION 8)

I, _______________________________________________________________

PRINT NAME AND ADDRESS HERE

_______________________________________________________________________,

have filed a Notice of Appeal from a Municipal Court judgment awarding to my landlord possession

of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3)

times my monthly rent or the judgment for rent awarded by the Municipal Court. My total

household income does not exceed the income guidelines set forth in the supplemental instructions

for obtaining a stay pending appeal and I have completed an In Forma Pauperis (IFP) petition to

verify this.

Check one: □I have paid the rent this month. □ I have not paid the rent this month.

The total amount of monthly rent that I personally pay to the landlord is $_______.

I verify that the statements made in this affidavit are true and correct to the best of my

knowledge, information and belief. I understand that false statements herein are made subject to the

penalties in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.

DATE: ____________________________ _______________________________________

SIGNATURE OF APPELLANT

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

TRIAL DIVISION-CIVIL

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. : Landlord – Tenant Number

PRAECIPE REQUESTING TERMINATION OF SUPERSEDEAS

TO THE OFFICE OF JUDICIAL RECORDS:

Please terminate the supersedeas in the within action for failure of the appellant to pay

monthly rental as required by Philadelphia Civil Rule *1008 when it became due.

Date: ________________ ____________________________________

Appellee

Upon confirmation of failure of the appellant to

deposit the monthly rent when it became due, the

supersedeas is terminated.

[DATE/TIME STAMP]

OFFICE OF JUDICIAL RECORDS

Rule 1012 Entry and Withdrawal of Appearance.

(A) Entry of Appearance. In order to prevent delay of the litigation, an attorney who enters an

appearance for a party shall be deemed to be available and ready to try the case on the assigned

hearing or trial date. The hearing or trial date will not be rescheduled due to the entry of

appearance of counsel of any party.

(B) Simultaneous Withdrawal and Entry of Appearance. In order to prevent delay of the litigation,

an attorney who enters an appearance for a party simultaneously with the withdrawal of appearance

of prior counsel in an action shall be deemed to be available to try the case on the assigned hearing

or trial date. The hearing or trial date will not be rescheduled due to the entry of appearance of new

counsel of any party.

Appearance, is required if another attorney is not entering an appearance simultaneously with the

withdrawal of current counsel. The Motion shall set forth with specificity the reasons the attorney

seeks to withdraw. The attorney seeking to withdraw must attach to the Motion to Withdraw a

certification setting forth the following:

(1) that there is not outstanding motion to compel dis covery, or for sanctions for failure to

provide discovery; and

(2) that the attorney has met every deadline date set forth in the pertinent Case Management

Order, if applicable.

Note: Pennsylvania Rule of Civil Procedure No. 1012 authorizes the entry, or change, of attorneys on behalf of a

party provided that the change of attorneys does not delay any stage of the litigation.

Consistently with this Rule, the Board of Judges has determi ned that entry of new counsel in an action shall not

delay the litigation. Thus, attorneys are placed on notice that by entering an appearance, they will be deemed to

be ready to proceed to trial as scheduled. The mere fact of the entry of appearance shall not be sufficient cause to

postpone the previously scheduled hearing or trial. Similarly, an at torney who seeks leave of court to withdraw

must establish compliance with applicable deadlines and rules.

Note: Adopted by the Board of Judges February 17, 2000, effective April 24, 2000; amended May 20, 2004,

effective July 26, 2004.

Rule *1018. Caption.

(a) The case caption shall appear below the attorney ad dress at the left-hand margin of the page

with the proper Court Term and Number appearing to the right-hand margin.

(b) The complaint or other original filing shall contain in the Caption the addresses, including the

electronic mail address, and zip codes, of all parties.

Source: Former Philadelphia Civil Rule *205.2(a) (5) and (6); adopted November 15, 2007, effective January 7,

2008.

Rule *1018.1 Notice to Defend—Form—Contents.

(A) The agency to be contacted for legal help as provided in Pa.R.C.P. 1018.1(b) is:

Philadelphia Bar Association

Lawyer Referral and Information Service

One Reading Center

Philadelphia, Pennsylvania 19107

Telephone (215) 238-1701

(B) The notice required shall also be given in Spanish. The Spanish version is as follows:

See www.courts.phila.gov/forms for the current version of the Notice to Defend.

Note: Former Rule 102; originally Star Rule *1918, adopted May 15, 1975, effective July 1, 1975; amended

February 21, 1980, effec tive March 7, 1980; amended by The Board of Judges, General Court Regulation

number 85-10, effective October 1, 1985.

Rule *1021. Claim for Relief. Amount in Controversy. Sum Certain.

Whenever money damages in a sum certain are claimed, the pleading shall state the precise

amount, and the date or dates from which any interest thereon is claimed.

Source: Former Philadelphia Civil Rule *205.2(a)(8). Adopted November 15, 2007, effective January 7, 2008.

Rule *1028.1 Preliminary Objections to Declaration of Taking Pursuant to Section 406 of The

Eminent Domain Code or to Petition for Appointment of Viewers Alleging De Facto Taking or

Other Compensable Injury Pursuant to Section 502(e) of The Eminent Domain Code.

(A) Th e general provisions of Rule *1028 and Rule *206.1 shall not apply to preliminary

objections to a declaration of taking pursuant to Section 406 of the Eminent Domain Code or to a

petition for appointment of viewers alleging a de facto taking or other compensable injury pursuant

to Section 502(e) of the Eminent Domain Code.

(B) Preliminary objections to a declaration of taking pursu ant to Section 406 of the Eminent

Domain Code or to a petition for appointment of viewers alleging a de facto taking or oth er

compensable injury pursuant to Section 502(e) of the Eminent Domain Code shall be filed with

the Office of Judicial Records and, within 72 hours of filing, shall be served upon all adverse

parties. The objections shall state specifically the grounds re lied upon and include a statement as

to whether the objections raise issues of fact or raise solely issues of law.

preliminary objections. Any response filed shall specifically respond to the statement as to whether

preliminary objections raise issues of fact or raise solely issue of law.

(D) The court shall determine whether factual issues must be resolved in order to determine the

preliminary objections. If factual issues must be resolved, the court shall establish a schedule and

procedure for the taking of discovery and resolution of the factual issues by evidentiary depositions

or an evidentiary hearing, and, if nec essary, the court shall set a bri ef schedule and schedule

argument.

Note: Adopted by the Board of Judges on February 26, 2005, effective May 15, 2005.

Rule *1028(c). Preliminary Objections.

(1) All preliminary objections shall be filed with the Office of Judicial Records, as provided i n

Pa.R.C.P. 1028, together with:

(a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210;

(b) copies of all items necessary or relevant to the dis position of the preliminary objections.

This shall include the complaint, answer, and reply t o new matter. All such items shall be

included or attached and marked as exhibits separately. The Court may decide preliminary

objections against a party who fails to attach to the filing those items necessary to enable the

Court to determine the preliminary objections; and

(2) As provided in Pa.R.C.P. No. 1028(c)(1), any party may file an amended pleading as of course

within twenty (20) days after service of the preli minary objections. Upon the timely filing of an

amended pleading, the pre liminary objections shall be administratively marked “moot” on the

docket of the case.

(3) An answer to preliminary objections is required (within twenty (20) days after service of the

preliminary objec tions) only to preliminary objections raising an issue under Pa.R.C.P. 1028

(a)(1), (5), (6), (7) or (8), provid ed a notice to plead is attached to the preliminary objec tions. An

answer need not be filed to preliminary objections raising an issue under Pa.R.C.P. 1028(a)(2), (3)

and (4).

(4) An answer to preliminary objections, if filed, shall be filed together with:

(a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210;

(b) copies of all items necessary or relevant to the dis position of the preliminary objections.

This shall include the complaint, answer, and reply to new matter. All such items shall be

included or attached and marked as exhibits separately. The Court may decide preliminary

objections against a party who fails to attach to the filing those items necessary to enable the

Court to determine the preliminary objections; and

Note: Rescinded and replaced May 20, 2004, effective July 26, 2004; amended November 15, 2007, effective

January 7, 2008.

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

After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial,

any party may file a motion on the pleadings as follows:

(1) the moving party shall file a motion as provided in Phila.Civ.R. *208.3, attaching thereto a

copy of all plead ings which must be considered by the Court and a brief or memorandum of

law, as provided in Phila.Civ.R. *210, which shall be served on all other parties as required by

Pa.R.C.P. 440;

(2) the non-moving parties shall file a response w ithin twenty (20) days of the service of the

motion, may attach any document, pleading or item not attached by the moving party, and shall

include a brief or memorandum of law as provided in Phila.Civ.R. *210,

(3) the court may schedule a date for argument as appropriate.

Note: Adopted May 20, 2004, effective July 26, 2004.

Rule *1035.2(a). Motion for Summary Judgment.

(1) General Rule. After the relevant pleadings are closed, but within such time as not to

unreasonably delay trial, and in accord wit h any case-specific case management order, any party

may file a motion for summary judg ment, as provided in Pa.R.C.P. No. 1035.1 et seq., and this

local rule.

(2) Content of the Motion for Summary Judgment. The moving party shall provide the bases for

the entry of summary judgment in a motion divided into consecutively numbered paragraphs. Each

paragraph shall contain as far as practicable only one material allegation. The moving party must

reference in each allegation the “record” (as that term is defi ned in Pa.R.C.P. No. 1035.1) which

the moving party wants the court to con sider, and shall attach a copy of that record as an exhibit.

The moving party shall include with the motion a brief or memorandum of law, as provided in

Phila.Civ.R. *210. The brief or memorandum of law shall provide the court with the legal bases

for summary judgment in light of the allegations made in the motion, and shall not reference any

fact or pleading not raised in the mo tion. Any fact or allegation mentioned in the brief or

memorandum of law which is not listed in the summary judgment motion will not be considered

by the court.

(3) Service of Summary Judgment Motion. The summary judgment motion, exhibits and brief or

memorandum of law must be served on the party or parties against whom summary judgment is

requested, as provided in Pa.R.C.P. No. 440.

(4) Response to Motion for Summary Judgment. The adverse party or parties must file a response

to the motion for summary judgment within thirty (30) days of service of the motion, as provided

in Pa.R.C.P. No. 1035.3. The response to the motion shall be divided into para graphs, numbered

consecutively, corresponding to the numbered paragraphs of the motion for summary judg ment.

The response shall state whether each of the allegation is admitted or denied. No general denial is

acceptable. The factual reasons for the denial or dispute must be specifically stated and the

“record” (as that term is defined in Pa.R.C.P. No. 1035.1) supporting the denial or dispute must be

attached as an exhibit. A re sponse may also include additional allegations demon strating any

genuine issue of material fact, in which event the responding party must reference and attach a

copy of the “record” (as that term is defined in Pa.R.C.P. N o. 1035.1) which demonstrates the

existence of a genuine issue of material fact.

Note: Previous civil rule 1035.2(a) rescinded, and cur rent rule 1035.2(a) adopted September 21, 2006, effective

November 6, 2006.

Rule *1037.1 Judgments by Default—Certificate of Non-Military Service Required.

(A) Before a default judgment may be entered in any case against a defendant who has failed to

file an appearance, an affidavit must be filed by the plaintiff setting forth facts showing that the

defendant is not in the military service, or that he or she is in the service, or that plaintiff is unable

to determine whether or not he or she is in the service, to which may be added facts which would

justify entry of judgment.

(B)

(1) If the facts set forth in the affidavit disclose that the defendant is not in the military service,

the Office of Judicial Records shall enter judgment.

(2) If the affidavit discloses that the defendant is in the military service or if it is averred that

the plaintiff is unable to determine whether or not the defendant is in the service, the plaintiff

shall put the petition for judgment upon a list provided for the purpose of hearing. At such

hearing, evidence may be presented relating to the defendant’s military status, the efforts made

by the plaintiff to ascertain his status, the propriety of staying the judgment, the terms of said

stay, or of a stay of execution, the entry of a bond, the appointment of an attorney to represent

the defendant, and other related questions. Follow ing such hearing, the Court will make such

order as in its opinion is appropriate. Prior to such hearing, the plaintiff shall apply to the

military authorities for certificates contemplated in Section 601, paragraphs (1) and (2), of the

Soldiers’ and Sailors’ Civil Relief Act, and shall file of record any certifi cates furnished by

such authorities and any answers of the latter to plaintiff’s request. Plaintiff shall in corporate

in the application for a certificate all information in his possession touching the identity of the

defendant.

Court shall ap point an attorney to represent the defendant. The attor ney shall inquire into

defendant’s military status, and pertinent facts. He need not, in making his inquiry, require sworn

testimony or depositions, but shall inform himself from any reliable source of the pertinent facts.

When he has concluded his inquiry, he shall report to the Court the facts showing the status of the

defendant so far as the attorney has been able to ascertain them, together with his recommendation

on the subject in cluding, unless it appears that defendant is not in the service, the necessity or

propriety of requiring a bond and the amount thereof, and the reason for his recommendations. The

report of the attorney shall be filed and the plaintiff’s petition for judgment put upon the mo tion

list for consideration by the Court. The attorney shall render his service gratis unless a fee is

allowed by order of the Court.

(D) If the plaintiff is of the opinion that the proceedings do not fall within the provisions of the

Soldiers’ and Sail ors’ Civil Relief Act, he may enter a rule for judgment, setting forth in such

petition the reasons for such opinion, and put the petition upon the motion list for consideration of

the Court.

(E) In any action in mortgage foreclosure, or in any suit upon a ground rent, if the identity of the

real owner is known to the plaintiff, and no appearance has been filed on behalf of the real owner,

before a default judgment may be entered, the plaintiff shall comply with paragraph (A) above. If

the plaintiff shall file an affidavit in such proceeding averring that he or she does not know and

has been unable to ascertain the identity of the real owner, the plaintiff shall not enter judgment by

default without an order of the Court. Such order may be granted upon an affidavit showing to the

satisfaction of the Court that the plaintiff or someone on his behalf has made reasonable efforts to

ascertain the identity of the real owner. In all such foreclosures or ground rent pro ceedings, if no

appearance has been entered on behalf of the mortgagor or covenantor, the plaintiff shall com ply

with the provisions of paragraph (A) above before judgment may be entered, unless in the case of

a mortgagor a release of the mortgagor’s liability on the bond shall be filed.

(F) In any case in which any real owner may be in the military service, no execution to sell real

estate shall issue upon a judgment entered on a power of attorney contained in any written

instrument originating prior to October 17, 1940, and secured by a mortgage unless the judgment

upon which execution is to issue was entered against such real owner in accordance with these

rules within a period of six months prior to such execution, or unless the plaintiff on petition

shall obtain an order of Court for such execution. (G) No writ for possession shall issue upon any

judgment for possession of premises occupied chiefly for dwelling purposes by a spouse,

children, or other dependents of a person in military service, as defined by Section 300(1) of the

Soldiers’ and Sailors’ Civil Relief Act of Congress of 1940, and in which the rent of the premises

does not exceed the sum of $80 per month, unless a petition shall be filed with the Court after

judgment is secured and leave granted thereon for the issuance of such writ. Such leave will be

granted if the tenant’s ability to pay the rent is not materially affected by reason of such military

service. If so materially affected, the issuance of the writ will be stayed for a period of not longer

than three months, or such order will be made upon a petition as to the Court appears to be just.

Note: Former Rule 105; originally Star Rule *921.

Rule *1037.2 Judgments by Default—Assessment of Damages.

(A) In order for the Office of Judicial Records to assess damages pursuant to Pa.R.C.P. 1037(b)(1)

upon default for failure to answer, a complaint in an action must pray for specific items and

amounts. Interest must be ex pressed by rate or per diem and the time period to which interest

rate(s) apply must be stated (e.g., to the date of judgment or the date of sheriff sale), late charges,

escrow (taxes and insurance only ) and mortgage insur ance premium(s) must be expressed as a

monthly rate. Actual and anticipated attorney fees, Court costs and any other permissible costs

must be prayed for and a dollar amount expressed. All of the above items will be docketed as they

apply in the case.

(B) In summary, the complaint and praecipe for assessment of damages must conform to the

following format if assessment upon praecipe is sought:

(1) Principal amount due;

(2) Interest (rate or per diem) and time period;

(3) Escrow taxes and insurance only (monthly rate);

(4) Mortgage insurance premium (monthly rate);

(5) Fees (anticipated and actual);

(6) Late charges (monthly rate) and time period;

(7) Court costs (anticipated and actual); and

(8) Other permissible costs.

comparison utilizing the computerized docket, Office of Judicial Records shall make the

comparison. In the event the plaintiff does not agree with the Office of Judicial Records determination, the plaintiff must proceed to Motion Court for a ruling on whether the assessment may be

entered by praecipe.

Note: Adopted by The Board of Judges, originally General Court Regulation 86-7.

Rule *1038 Trial Without Jury.

(A) The trial of actions at law, other than for personal inju ries or damage to property, by a judge,

sitting without a jury, shall be conducted, as nearly as may be, as are trials by jury, and the parties

shall have like rights and privileges, including the right to suffer or move for non-suits.

(B) The decision of the Judge may consist only of the deci sion in the case, or may include also

such other matters as the Judge deems desirable.

transcribed and filed in the Office of the Court Administrator, or it may be in writing, filed in the

said office, in which event the Court Administrator shall forthwith give notice thereof to all parties

or their attorneys. The decision shall become effective upon the date of its filing.

Note: Former Rule 227; originally Star Rule *270, as amended by The Board of Judges, to June 27, 1968.

Rule *1041.1 Pleadings in Asbestos Cases.

(A) Master Long Form Complaint.

(1) Counsel representing plaintiffs in asbestos cases may file a Master Long Form Complaint

under the General Asbestos Pleading Numbers. The Master Long Form Complaint shall set

forth all theories of recovery and all liability allegations that the coun sel filing it expects to

advance in any asbestos case. To the greatest extent possible, all counsel regularly representing

plaintiffs in asbestos cases should attempt to agree on a single Master Long Form Complaint

subscribed to by each of them.

(2) The Master Long Form Complaint shall sufficiently identify each defendant against whom

claims for asbestos related personal injuries are expected to be pursued, and shall include the

capacity in which each defendant will be sued.

(3) Upon approval of a Master Long Form Complaint by the Court, it shall be deemed to apply

to all cases subsequently filed by that counsel. Counsel may subsequently file an Amended

Master Long Form Complaint which shall then become the designated Master Long Form

Complaint for that counsel without leave of Court, provided that no objection to the

amendment is made by any party within thirty days of its filing with the Court.

(4) All theories of recovery and all liability allegations, including allegations of successor or

predecessor liability, contained in any Master Long Form Complaint or Amended Master Long

Form Complaint shall be automatically deemed denied and at issue as to any and all defendants.

(B) Short Form Complaint. Counsel who have filed a Master Long Form Complaint shall file

and serve a Short Form Complaint in every asbestos case thereafter, containing the following

information:

(1) The name, address, social security number and date of birth of each plaintiff or decedent;

(2) A list of the specific defendants against whom the claim is being made. Any defendant not

previously identified in the Master Long Form Complaint must be sufficiently identified in the

Short Form Complaint, including the capacity in which the defen dant is being sued. Counsel

are reminded of the provisions of Pa.R.C.P. 1023(b) regarding certification of the contents of

pleadings, and are cau tioned that no defendant may be included in a Short Form Complaint

unless, after reasonable inquiry, it is believed in good faith that there exists a valid caus e of

action against that defendant;

(3) A complete employment history, including location and type of employment;

(4) The asbestos exposure dates with identification of corresponding employment;

(5) To the extent possible, the name and manufacturer of each asbestos-containing product to

which exposure is alleged;

(6) With respect to each product identified in para graph (5) above, the inclusion dates of

exposure and the job site at which the exposure occurred;

(7) The disease claimed, along with date of diagnosis and the date of the plaintiff’s first

knowledge of the asbestos-related injuries;

(8) A statement as to whether or not a claim for lost wages is being asserted;

(9) If appropriate, the date of death, the authority of the named plaintiff to bring the suit and

the persons entitled to recover under the relevant statutes; and

(10) If appropriate, any unusual allegations or jurisdic tional statements specific to the

particular case, which are not included in the Master Long Form Complaint.

(1) In response to each Master Long Form Complaint, the defendants regularly named in

asbestos cases may collectively assert all affirmative defenses on behalf of all defendants. This

shall be accomplished by the filing of a pleading known as the defendants’ Master New Matter.

The defendants’ Master New Matter shall be filed with the Court within thirty (30) days of the

filing of the Master Long Form Complaint to which it responds. The Master New Matter shall

be deemed incorporated as a response to each Short Form Complaint filed under each Master

Long Form Complaint. Defendants need not file responses to the liability allegations of the

Master Long Form Complaint, including allega tions of citizenship, place of doing bu siness,

and predecessor or successor liability, as they are auto matically deemed denied and at issue.

The defendants’ Master New Matter may be supplemented or amended at subsequent times by

the filing of a Supplemental Master New Matter.

(2) (a) In response to a Short Form Complaint, each defendant may file an Entry of Appearance

and Answer to Complaint, containing the name, address and telephone number of counsel

representing each defendant, together with a statement incorporating the Master New Matt er.

Without waiver of the right to file preliminary objections or to contest jurisdic tion or service,

the filing of an Entry of Appearance and Answer to Complaint by a defendant shall be deemed

to constitute a denial of all theories of re covery and all l iability and damage allegations

contained in the Master Long Form Complaint and the Short Form Complaint and an assertion

of all defenses contained in the Master New Matter.

(b) If a complaint other than a Short Form Complaint is used by a plaintiff in a particular

action, a defen dant may file a Short Form Answer which responds only to allegations

concerning the identity of the answering defendant. All remaining allegations shall be

deemed denied and at issue. The Short Form Answer may set forth affirmative defenses by

way of new matter, may incorporate by reference the defendants’ Master New Matter, or

may include any combination of both.

(3) A defendant may file preliminary objections, but any objections to personal jurisdiction,

venue or service shall be deemed to have been waived unless they are filed within ninety (90)

days after service of the complaint.

(4) Claims for contribution or indemnity by and among the defendants shall be implied and

need not be asserted in a Short Form Answer. All such claims shall be deemed denied without

the necessity of filing a reply.

(5) All new matter shall be deemed denied by all parties without the necessity of filing a reply.

(D) Joinder of Additional Defendants.

(1) An additional defendant joined by one d efendant shall be deemed to have been joined by

all defendants without the necessity of any further pleadings.

(2) Joinder of additional defendants shall be by means of a Short Form Joinder Complaint

which shall consist of the following information:

(a) Identification of each additional defendant, in cluding the capacity in which each

additional defendant is being joined.

(b) A statement in the following form:

You are hereby joined as an additional de fendant in this action and it is asserted that you

are alone liable to the plaintiff, jointly and sev erally liable to the plaintiff and/or liable to

the original defendants for contribution and/or indemnification.

alleged common law right to contribution or indemnity.

(3) A copy of the plaintiff’s complaint or Short Form Complaint shall be attached to the Short

Form Joinder Complaint.

(4) The Short Form Joinder Complaint must be filed and served in accordance with the

Pennsylvania Rules of Civil Procedure.

(5) A party joined as an additional defendant may file an Entry of Appearance and Answer to

Complaint in accordance with the provisions of paragraph (C) (2)(a) above, which shall

constitute a denial of all l iability and damage allegations of the joinder com plaint and the

plaintiff’s complaint and shall also serve to assert all defenses set forth in the defen dants’

Master New Matter.

(6) An additional defendant may file a Short Form An swer to the joinder c omplaint in

accordance with the provisions of paragraph (C)(2)(b) above which responds only to

allegations concerning the identity of the additional defendant. All remaining allegations shall

be deemed denied and at issue. The Short Form Answer may set f orth affirmative defenses to

the joinder complaint and the plaintiff’s complaint by new matter, may incorporate by ref -

erence the defendants’ Master New Matter, or may include any combination of both.

(7) In response to a Short Form Joinder Complaint, an additional defendant may file

preliminary objections in accordance with the limitations set forth in paragraph (C)(3) above.

(8) Claims for contribution or indemnity against all other defendants and additional defendants

shall be implied and need not be asserted in a Short Form Answer.

(9) An additional defendant may join other additional defendants under the same procedures

set forth above for joinder by an original defendant.

(E) Prospective Effect. This rule shall have no effect on the rights of par ties in actions where the

pleadings were closed prior to the implementation of the procedures set forth herein.

(F) Permissive Pleadings. Notwithstanding any provision of this rule, any party may file and serve

upon any other party any pleading containing any claim or defense per mitted under the

Pennsylvania Rules of Civil Procedure.

Note: Original Order dated July 30, 1986 in I n Re: Asbestos Litigation, October Term, 1986, N o. 0001. Former

Rule *1019.1, renumbered and amended by order dated December 5, 2019, published in the Pennsylvania Bulletin

on December 21, 2019, and effective January 20, 2020.

Rule 1300 Voluntary High-Low Common Pleas Court Arbitration.

(A) Program.

(1) This program provides for prompt and final deter mination of cases pending in Common

Pleas Court in Philadelphia or disputes, not yet in suit, which would properly be the subject of

a suit in Common Pleas Court in Philadelphia, if not resolved, in which mo ney damages are

sought, without limitation to the amount involved except as set forth in paragraph (B)(4) below.

(2) Submission of a case to the program is entirely vol untary and all parties must agree to the

arbitration, which agreement shall be binding.

(3) The arbitration shall be conducted by a judge of the Court of Common Pleas of Philadelphia

County. Where counsel for all parties agree on one or more judges before whom they wish to

have their case submitted, the case will be referred to one of tho se judges or that judge by the

Deputy Court Administrator for Civil Listings. Otherwise, the case will be referred to the next

judge available.

(4) All parties shall agree in advance, that the decision of the Arbitration Judge will be final

and binding.

(5) The arbitration hearings will be scheduled on an expedited basis once a case is submitted

to the program.

(6) This program can also be used for multi-party litigation and, there are no monetary limits

on the amount in controversy.

(B) Procedures.

(1) The parties shall prepare and submit a stipulation to the Deputy Court Administrator for

Civil Listings, Room 380 City Hall, submitting the case to Voluntary Common Pleas Court

Arbitration. There will be a filing fee of eleven dollars. The stipulation shall be signed by

counsel for all parties, if represented, or the party or his insurance carrier, if unrepresented, and

shall clearly indicate that the deci sion of the Arbitration Judge shall be final and binding and

the award may be entered as a judgment of record without right of appeal. The stipulation shall

also include any agreements with respect to the conduct of the arbitration hearing.

(2) The parties shall submit to the Deputy Court Ad ministrator for Civil Listings, at the time

the stipu lation is submitted in a sealed envelope, the defendant’s(s’) highest offer and the

plaintiff’s(s’) lowest demand. These figures shall be submitted on one piece of paper signed

by all parties. The sealed envelope shall be retained by the Deputy Court Ad ministrator for

Civil Listings, not transmitted to the Arbitration Judge, until after the arbitration is completed

and the Arbitration Judge has reached his decision.

(3) The conduct of the hearing shall be subject to the rules applicable to Common Pleas Court

Arbitration in Philadelphia County, unless the parties agree, in advance, in writing, to some

other proce dure. The Arbitration Judge will determine whether the arbitration is being

conducted within the fair scope of any such agreement. Parties are en couraged to agree to the

use of medical reports and medical bills and property damage estimates, stip ulations as to the

testimony of witnesses, etc., in lieu of live testimony.

(4) The Arbitration Judge shall reach his decision within 24 hours of the ar bitration hearing.

The Arbitration Judge shall decide on an amount to be awarded, if any, to each party. The

sealed envelope will then be opened by the Deputy Court Adminis trator for Civil Listings. If

the judge’s figure is clos est to the plaintiff’s(s’ ) lowest demand, the plaintiff’s(s’) lowest

demand shall be awarded to the plaintiffs and the defendants shall pay that amount. If the

judge’s figure is closest to the defendant’s(s’) highest offer, the defendant’s(s’) highest offer

shall be awarded to the plaintiff’(s) and the defendant(s) shall pay that amount. If the judge

finds in favor of the defendant(s), the plaintiff(s) shall be awarded the amount of the

defendant’s(s’) highest offer. If the judge’s figure is exactly halfway between the plaintiff’s(s’)

lowest demand figure and the defendant’s(s’) highest offer figure, the figure arrived at by the

judge shall be awarded to the plaintiff(s), and the defendant(s) shall pay that amount. A check

or draft in the amount of the defendant’s(s’) highest offer may be sent to the plaintiff(s) at the

time the stipulation is filed or at any time prior to the arbitration hearing and the amount of that

check or draft shall be considered as a credit for the defendant(s) with respect to the arbitration

award.

(5) Any rules dealing with prejudgment delay damages, interests and/or costs shall be deemed

to be waived by submission of a case to this program.

(6) Interest at the rate of 10 percent per annum, com pounded daily, shall be assessed on all

awards not paid within 30 days of the date of the award.

Note: Former Rule 190; adopted by The Board of Judges, origi nally General Court Regulation 82-7, effective

July 23, 1982; amended by General Court Regulation 83-4 effective December 5, 1983.

Rule *1301 Compulsory Arbitration.

Except as provided hereunder, all cases having an amount in controversy, exclusive of interest and

costs, of $50,000 or less shall be assigned to the Compulsory Arbitration Program of the Court of

Common Pleas of Philadelphia Coun ty. The following cases shall not be assigned to the

Compulsory Arbitration Program:

(a) Cases involving title to real estate;

(b) Any other case type which may be excluded from time to time by Order of the

Administrative Judge of the Trial Division.

Note: Amended May 18, 1995, effective July 17, 1995. Administrative Docket No. 08 of 1998 may impact this

rule.

Rule *1302 Appointment of Arbitrators. Qualifications. Disqualification.

(a) The Director of the Arbitration Center shall maintain an Arbitrator List of attorneys who have

been deemed to be qualified to sit as Arbitrators in the Compulsory Ar bitration Program of the

Court of Common Pleas of Philadelphia County.

(b) Minimum criteria for qualification includes membership of the Bar of the Supreme Court of

Pennsylvania, active practice of law for a minimum of one year subsequent to admission to the

Bar of the Supreme Court of Pennsylvania for panelists and five years for Chairpersons,

maintenance of a principal office in Philadelphia County, attendance of a court-approved

arbitration seminar and trial of a civil case in any forum in the Commonwealth of Pennsylvania.

The Director of the Arbitration Program shall make available an Application for Initial

Certification as Arbitration Panelist form, substantially in the form set forth hereunder, requiring

the necessary information for determination of qualifications.

See www.courts.phila.gov/forms for the current version of the Application for Initial Certification as

Arbitration Panelist.

completing the Court supplied Application Form.

(d) The Director of the Arbitration Center from the Court-approved Arbitration List panelists and

chairperson for assignment.

(e) Arbitrators no longer maintaining their principal office in Philadelphia County are required to

promptly advise the Director of the Arbitration Center in writing.

(f) The Director of the Arbitration Center may, from time to time, strike the name of an attorney

from the Arbitrator List in accordance with this rule.

(g) An issue concerning disqualification of an Arbitrator from a particular case shall first be raised

with the Arbitration Panel and, if appropriate, with the Director of the Arbitration Center.

Note: Amended May 18, 1995, effective July 17, 1995. Amended May 15, 2014, effective July 6, 2014.

Rule *1303 Scheduling of Arbitration Hearings. Relistings. Consolidations.

(a) Scheduling of Arbitration Hearings.

(1) Scheduling Upon Commencement of Action. All Arbitration Writs of Summons and complaints

must be accompanied by a Civil Cover Sheet as re quired by Phila. Civ. R. *205.2(a)(9). All

Arbitration Writs of Summons and Complaints must state in upper case on the upper, right-hand

corner of the cover pa ge “THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF

DAMAGES HEARING IS/IS NOT REQUIRED.” The date, time and place of the Arbitration

hearing shall be entered on the Civil Cover Sheet or initial pleadings, and on all service copies,

together with the following statement: “This matter will be heard by a board of arbi trators at the

time, date and place specified but, if one or more parties is not present at the hearing, the matter

may be heard at the same time and date be fore 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.”

(2) Scheduling After Commencement of Action. In the event a case is scheduled for an Arbitration

hearing after the commencement of the action, and the ini tial pleadings do not contain the

statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto

provided the Order or Notice scheduling such Arbitration hearing con tains the following

statement: “This matter will be heard by a board of arbitrators at the time, date and place specified

but, if one or more 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.”

(b) Deferred Status.

(1) To Obtain Deferred Status.

(i) Initial Filing. If the plaintiff requests that the case be placed on a “Deferred” status, the

request and code number, if any, shall be inserted by plaintiff on the Civil Cover Sheet and on

the first page of the Writ of Summons or Com plaint. The Office of Judicial Records shall not

assign an Arbitration Hearing date and the case shall be placed on Deferred Status.

Explanatory Note: The Court will presently defer cases if they are “Uninsured or Underinsured Motorist Savings

Actions,” or Underinsured Motorist Benefits (Act 6). See English v. Pa.F.R.A.C.P., et al, 427 Pa. Super. 105, 628

A.2d 847 (1993), allocatur granted, 645 A.2d 1316 (1994). Additional categories may be added by the Court from

time to time.

(ii) Other Than Initial Filing. Any party may seek deferral of a case by filing a Miscellaneous Ar bitration

Application substantially in the form set forth her eunder, setting forth the reasons for the Deferral. Before filing

the Miscellaneous Arbitration Application with the Arbitration Center, counsel shall comply with the instructions

set forth on said Form.

See www.courts.phila.gov/forms for the current version of the Compulsory Arbitration Motion Practice

Miscellaneous Application.

Explanatory Note: Cases may be deferred due to, inter alia, bankruptcy, imprisonment, or military status of any

party.

Explanatory Note: Before filing the Miscellaneous Arbitration Application with the Arbitration Center, a copy

of the Application must be mailed/delivered/faxed to opposing counsel and unrepresented parties who may

submit a Response to the Applicant prior to the date the Application may be filed. See Miscellaneous

Arbitration Application and Response Forms and Instructions.

(2) Removal of Deferred Status.

(i) Uninsured/Underinsured Savings Actions. When the uninsured/underinsured statutory or

common law arbitration claim is concluded or settled, the case shall be removed from Deferred

Status and a compulsory arbitration hearing shall be scheduled as follows:

(1) Duties of Filing Atto rney. The filing attor ney shall advise the Arbitration Center that

the case is ripe for a Compulsory Ar bitration hearing, the underlying unin -

sured/underinsured claim having been concluded by filing a Praecipe substan tially in the

Form set forth hereund er within 90 days of the conclusion of the underlying

uninsured/underinsured claim.

See www.courts.phila.gov/forms for the current version of the Praecipe, Uninsured/Underinsured Savings

Action.

(2) Compulsory Arbitration Hearing Order. Upon having been informed that the case is

ripe for a Compulsory Arbitration Hearing, the Court shall issue an Order substantially in

the form set forth hereunder scheduling the Compulsory Arbitration Hearing, and the

case shall proceed in the same manner as any other Compulsory Arbitration case. It shall

be plaintiff’s responsibility to immediately serve the subrogee and the defendant(s) with

notice of the Arbitration hearing date and to file an Affidavit of service with the Office of

Judicial Records prior to the Arbitration Hearing date.

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA

COUNTY FIRST JUDICIAL DISTRICT

CIVIL TRIAL DIVISION

PLAINTIFF: TERM, 20___

v. : NO:

DEFENDANT:

O R D E R

AND NOW, this ______ day of ________________________, 20____, it appearing of record that

the underlying uninsured/underinsured claim has been settled or arbitrated, a Compulsory Arbitration

Hearing is scheduled for the ______ day of ______________________ __, 20____, at ______ a.m./p.m. at

the Arbitration Center, 1601 Market Street, 2nd Floor, Philadelphia, Pennsylvania. The rules and practice

concerning Compulsory Arbitration cases shall apply. Plaintiff shall immediately serve the subrogee and

the defendant(s) with notice of the hearing date and file an Affidavit of Service with the Prothonotary prior

to the scheduled hearing date.

BY THE COURT:

________________________________________

(3) Applicable to Existing Cases. The proce dure set forth above shall apply to all cases

previously deferred which become ripe for scheduling of Compulsory Arbitration hearings

subsequent to the effective date of this rule.

(ii) Other Deferred Cases. When any party advises the Director of the Arbitration Center that

the reasons for the deferral are no longer applicable, or upon Order of Court, the case shall be

removed from Deferred Status and appropriate action shall be taken.

(1) General Rule. A request for continuance of an Arbitration hearing will be granted only for

reasons set forth in Pa.R.C.P. 216 and are provided herein. A continuance may be granted

provided a sufficient reason exists, and further provided that the continuance is consistent with

the orderly and expeditious determination of Compulsory Arbitration cases.

(2) Written Request. All requests for continuance of Arbitration Hearings shall be in writing

on a Continuance & Deferral Application substantially in the form set forth hereunder and

shall be filed in accordance with President Judge Administrative Order No. 2009-02. The

Continuance & Deferral Application shall set forth the specific reasons for the continuance

and the legal basis for the continuance, as provided in Pa.R.C.P. 216 and this rule, the position of all other counsel or unrepresented parties and the date and time mutually convenient

to all parties, for the relisting of the Arbitration Hearing.

See www.courts.phila.gov/forms for the current version of the Continuance & Deferral Application.

(3) Procedure for Obtaining Continuance. A Continu ance & Deferral Application shall be filed

with the Arbitration Center and as may otherwise be pro vided in the Application. A copy of the

Continuance & Deferral Application must be served, as re quired, on opposing counsel and

unrepresented parties contemporaneously with its filing with the Arbitration Center. Upon receipt

of the Continu ance & Deferral Application, the Director of the Arbitration Center, or his/her

designee, shall rule on the request, and, in appropriate cases, may consult with the Administrative

Judge of the Trial Division or his/her designee. There shall be no hearing or oral argument on the

request for continuance or a ruling thereon, and the ruling is not subject to judicial scrutiny at the

request of any party.

Explanatory Note: Counsel are cautioned not to call or write the Arbitration Center for status of the Application,

or to request “reconsideration” in the event the Continuance Application is denied.

(4) Emergency Applications. No continuance will be granted if requested within 14 days prior to

the date of the Arbitration hearing except for “emergency” reasons, which could not have been

anticipated prior thereto. An Arbitration hearing may be continued for the following “emergency”

reasons:

(i) The illness of counsel of record or a party. The Applicant must specify the name of the

person who is ill and set forth whether he or she is confined at home or in a hospital, must

specify the nature of the illness, the name of the treating physician, and the earliest anticipated

date he or she will be able to attend a rescheduled Arbitration hearing;

(ii) Counsel’s assignment to trial in a non-arbitration case on the same date and time. In such

cases, counsel must first advise the trial j udge of the conflict and in the event the trial judge

declines to hold commencement of the trial in abeyance until conclusion of the Arbitration

hearing, counsel must immediately file an Arbitration Application setting forth the Court Term

and Number, and caption of the case, and name of trial judge, a copy of the trial scheduling

Order and the specific efforts made to postpone the conflicting case.

(iii) The failure to appear of subpoenaed witness es. Provided the subpoena was served suffi -

ciently in advance of the Arbitration Hearing date; and

(iv) There are outstanding Petitions or Motions. However, no Motions or Petitions shall be

accepted by Motion Court or Discovery Court if filed or scheduled less than 45 days prior to

the date of the scheduled Arbitration Hearing date, unless authorized pursuant to Phila. Civ. R.

*1303(h).

(5) Non-Emergency Applications. All other requests for continuance. An Arbitration Application

for continuance of an Arbitration Hearing for non-emergency reasons must be filed at least 30 days

prior to the scheduled Arbitration hearing date. Arbitration Hearings may be continued, inter alia,

for the following non-emergency reasons:

(i) Service not effected upon original defendant(s)/additional defendant(s). The Applicant shall

set forth with particularity facts supportive of contention that due diligence has been exercised

in attempting service, shall set forth the specific dates of the attempted service, shall attach a

statement that substitut ed service could not have been obtained prior to the date of the

Arbitration Hearing, and shall certify that a Motion for Alternative Ser vice has been filed

pursuant to Pa.R.C.P. 430 and Phila. Civ. R. *430.1.

(ii) For any reason justifying the grant of an emergency application;

(iii) Due to the recent joinder of a party. The Ap plicant shall set forth the date of the joinder,

date of service, and additional time (not to ex ceed 90 days) necessary for the filing of a re -

sponsive pleading and for completion of discovery.

(iv) Failure to produce a material witness or party for deposition; provided, however, a Discovery Court Order was issued compelling the deposition of such party which Order has not been

complied with, and there is insufficient time to obtain an appropriate O rder from Dis covery

Court.

(v) At defendant’s request, where delay in the filing or service of the Complaint has prevented

the defendant from filing, prior to the Arbitration Hearing date, an Answer or other responsive

pleading (or joinder of additional parties) within the time permitted by rules of court; and where

delay in service of the complaint or disposition of petitions or motions have sub stantially

delayed discovery.

(vi) Due to the vacation schedule of defendant or defendant’s counsel provided that defendant

was not given at least 90 days’ notice of the Arbitration Hearing date. Only one continu ance

will be granted for this reason.

(vii) For any other appropriate reason not inconsis tent with the orderly and expeditious

determination of compulsory arbitration cases.

(6) Rescheduled Dates. Arbitration hearings shall be rescheduled as soon as possible based on the

reason for the continuance, but efforts shall be made to reschedule the case for hearing within 60

days of the initial date.

(7) Rescheduling by Agreement of All Parties. If all parties agree to reschedule an Arbitration

Hearing and they file with the Arbitration Center an application in the form attached hereto, the

Arbitration Hearing will be rescheduled provided that the application is filed no later than noon,

at least two business days prior to the originally scheduled hearing, and further provided that all

parties agree on a specific rescheduled date which must be within two weeks of the original

scheduled hearing date. All counsel and unrepresented parties must sign the application and the

case shall be deemed rescheduled only upon the execution of the order by the manager of the

Arbitration Center. Requests for rescheduling pursuant to this order may only be made one time

per case.

See www.courts.phila.gov/forms for the current version of the One-Time Only Rescheduling Agreement

application form.

(d) Advancement. A hearing date may be advanced by filing a Continuance & Deferral Application

with the Di rector of the Arbitration Program which shall allege that all parties agree to the

advancement to a specific date.

Explanatory Note: Although the Court disfavors the grant of continuances, a conflict with a scheduled Arbitration

Hearing date may be resolved by agreeing to an earlier Arbitration Hearing.

(e) Consolidation. Consolidated actions shall be heard on the date assigned to the last filed

consolidated case.

(f) Transfer from Major List to Arbitration.

(1) By Any Party.

(a) Within Six Months of the Date of Filing. When a case is initially filed as a major case,

plaintiff may, within six months of its commencement, transfer the case to compulsory

arbitration without leave of Court by filing a praecipe with the Office of Judicial Records

who shall assign an arbitration hearing no sooner than 60 days hence. Plaintiff must serve

notice of the arbitration hearing date upon all counsel of record and any unrepresented

parties within 48 hours after receipt of the order scheduling the arbitration hearing and shall

file an Affidavit of Service with the Office of Judicial Records.

(b) After Six Months or Date of Filing. When a case is initially filed as a major case and,

after the expiration of six months from the com mencement date of the action, any party

desires to tran sfer the case to compulsory arbi tration, a petition must be filed with the

Office of Judicial Records and the Motion Court to Transfer from Major to Arbitration.

The petition shall be assigned to the Supervising Program Judge (defined hereunder). If the

petition to Transfer From Major Arbitration is granted, the Office of Judicial Records shall

assign an arbitration hearing no sooner than 60 days hence. Counsel for a party requesting

transfer must serve notice of the hearing date upon all counsel of reco rd and any

unrepresented parties within 48 hours after receipt of the order scheduling the arbitration

hearing and shall file an Affidavit of Service with the Office of Judicial Records.

(2) Supervising Program Judge. The Supervising Program Judge for purposes of subsection

(1)b. above is defined as the team leader of the respective Day Backward and Day Forward

Team to which the case is assigned. If the case has not been specifically assigned, the Motion

Court Judge will be the Supervising Judge.

(3) By Court. As provided by Pa.R.C.P. 1021(d).

Explanatory Note: Pa.R.C.P. 1021(d) provides that “The Court on its own motion or motion of any party may by

discovery, pre-trial conference, hearing or otherwise, de termine the amount actually in controversy and enter an

order of reference to arbitration.” The within local rule does not limit the Court from transferring appropriate

cases to compulsory Arbitration.

(g) Transfer from Arbitration to another Program. A case filed as an Arbitration case may only be

transferred to another Program, and listed for trial in accordance with management procedures

established pursuant to Philadelphia Civil Rule *215, as follows:

(1) upon the filing of a Counterclaim which seeks mon etary damages in excess of the

arbitration limits; or

Note: Robert Half International Inc. v. Marlton Technolo gies, Inc., 2006 Pa. Super 145; 902 A.2d 519 (2006),

requires that upon the filing of a counterclaim seeking mon etary damages in excess of the arbitration limits, the

case be transferred from the Compulsory Arbitration Program. The transfer will be made automatically upon the

filing of a counterclaim which seeks monetary damages in excess of the arbitration limits.

It is suggested that the counterclaimant make the Office of Judicial Records aware that the case previously as -

signed to the Arbitration Program must be transferred to another Program due to the amount of the monetary

damages sought in the counterclaim. Upon implementation of electronic filing, the Electronic Filing System will

contain the necessary functionality to effectuate the transfer.

(2) U pon the filing of a Motion to Transfer from the Compulsory Arbitration Program to

another Program and the entry of an order transferring such case to another Program, subject

to the payment of the applicable fee, if any.

(h) Filing of Motions. Pre-Trial Motions and Petitions, in cluding discovery motions, will not be

accepted by Motion Court or Discovery Court if attempted to be filed less than 45 days prior to

the date of the scheduled Arbi tration hearing, unless approved by the Court. Such ap proval may

only be obtained by filing a Miscellaneous Arbitration Application form accompanied by a copy

of the Motio n or Petition and self-addressed stamped en velopes to all counsel and interested

parties. If the Application is granted, the Motion or Petition may be filed as provided in the Order.

(i) Settlement Prior to Hearing Date. Counsel shall give written notification to the Director of the

Arbitration Center of any settlement prior to the Arbitration Hearing date and an appropriate Order

will be issued. Failure to provide written notice prior to the Arbitration Hearing date will result in

the entry of a judgment of non pros if the parties fail to appear for the Call of the List and hearing.

(j) Failure to Serve Initial Pleading or Complaint. If a complaint has not been filed or served by

the date of the scheduled hearing, the case will be assigned to an arbitration panel with instructions

to enter an award in favor of the defendant, unless counsel has complied with Phi la.Civ.R.

*1303(b)(5)(i) and obtained a relisting prior to the Arbitration Hearing date.

Note: Source of Rule *1303(b): No. 01 Administrative Docket, issued April 22, 1993, and General Court

Regulation-Trial Division No. 93-5. Source of Rule *1303(c): General Court Regula tion-Trial Division No. 93 -

3. Amended by the Board of Judges, on May 18, 1995, effective July 17, 1995. Source of Rule *1303(f): General

Court Regulation 95-2, amended by Board of Judges on November 16, 1995, effective February 12, 1996. Source

of Rule *1303(c) (7): Administrative Docket No. 1 of 1996, issued January 25, 1996, effective immediately (on

a trial b asis until further order of court). Source of Rules *1303 (g) and (j): President Judge General Court

Regulation No. 96-4, amended by the Board of Judges on November 26, 1996, effective January 13, 1997. Further

amended November 19, 1998, effective January 1, 1999; amended May 20, 2004, effec tive July 26, 2004;

amended November 15, 2007, effective January 7, 2008. Amended May 15, 2014, effective July 6, 2014.

President Judge Administrative Order No. 2009-02 may impact this rule.

Rule *1303.1 Continuances of Arbitration Hearings.

Note: Rescinded May 18, 1995, effective July 17, 1995. See Rule *1303(c).

Rule *1304 Arbitration Facilities. Call of the List.

(a) Situs of Arbitration Hearings. Hearings shall be heard in facilities provided by the Court of

Common Pleas of Philadelphia County at times designated by the Admin istrative Judge of the

Trial Division or Manager of the Arbitration Center.

(b) Call of the List. There shall be a call of the list of all cases scheduled for the same time. If all

parties fail to appear, without having previously obtained a continuance or advised the Director of

the Arbitration Center in writing that the case has settled, the case shall be non-prossed.

Note: Adopted by the Board of Judges on May 18, 1995, effective July 17, 1995. Amended May 15, 2014,

effective July 6, 2014.

Rule *1305 Conduct of Arbitration Hearings.

(a) Rules of Evidence. Supervisory Authority. Hearings shall be conducted in accordance

with the established rules of evidence, liberally construed to promote justice. The Arbitration

panel, which may seek the assistance of the Director of the Arbitration Center, shall have the

general powers of a court including the power to determine the admissibility of evidence, to

permit testimony to be offered by depositions and to decide the law and the facts of the case

submitted to them. Provided, however, that the Arbitration panel may not continue any case

assigned to it.

(b) Admissibility of Documents.

(1) General Rule. In addition to the evi dence permitted by Pa.R.C.P. 1305(b), expert witness

reports, description of expert qualifications, attorney’s certifications as to time and hourly rates in

claims where counsel fees are involved, bills, and records of businesses which ordinarily would

be admissible if authenticated by a custodian of records shall be re ceived in evidence without

further proof provided that at least 20 days’ written notice of the intention to offer such documents

in evidence was given to any adverse party accompanied by a copy of the item to be introduced.

Provided, however, that if the documents were previously produced, they need only to be identified

within the above time period.

(2) Subrogation.

(i) Defendant fails to Appear. In subrogation cas es, where the defendant or counsel for the

defendant does not appear at the Arbitration hearing to contest a case, the plaintiff shall be

permitted to offer into evidence, without fur ther proof, a sworn statement from the plain tiff

attesting to the injuries and damages that the plaintiff sustained as a result of the incident which

gave rise to this litigation. This statement shall be accepted by the panel of ar bitrators in lieu

of live testimony of the plain tiff and shall be given the weight that the arbi trators d eem

appropriate. The sworn statement shall be admitted into evidence only if it has been forwarded

to the defendant or defendant’s counsel at least 20 days prior to the arbitration hearing.

(ii) Pennsylvania Assigned Claims Plan Cases. In cases involving the Pennsylvania Assigned

Claims Plan, the Plan may offer into evidence proof of the amount of the Plan’s payment of

medical bills and uninsured motorist benefits on behalf of and/or to the claimant. It is for the

arbitrators to decide whether the amount of said payment was fair, reasonable and proper and

whether the defendant shall be responsible for paying said sum. In no case shall the amount of

the arbitration award exceed the amount of payments which include loss adjustment costs made

by the Pennsylvania Assigned Claims Plan.

(iii) Other. In all cases other than those involving the Pennsylvania Assigned Claims Plan, the

Release and Trust Agreement signed by the claimant(s)/plaintiff(s) shall not be admissible as

evidence to prove damages.

(d) Witness Fees. Witness fees and costs shall be in the same amount, and shall be paid by the

same party or parties, as provided for the trials in the Court of Common Pleas of Philadelphia

County.

Note: Amended by the Board of Judges on May 18, 1995, effective July 17, 1995. Amended May 15, 2014,

effective July 6, 2014.

See www.courts.phila.gov/forms for the current version of the Report and Award of Arbitrators.

Rule *1308 Compensation of Arbitrators.

All arbitrators, whether panel members or chairpersons, shall be compensated at a rate of $225.00

per day or $125.00 for one-half day of service, or as may otherwise be estab lished by the

Administrative Judge of the Trial Division.

Note: Amended by the Board of Judges on May 18, 1995, effective July 17, 1995. On September 20, 2006,

Administrative Judge James J. Fitzgerald III directed an increase to the compensation payable to arbitrators to

$225 for a full day and $125 for one-half day of service effective January 2, 2007. Amended May 15, 2014,

effective July 6, 2014.

Rule *1309 Procedure for Terminating Inactive Arbitration Cases Pursuant to Pa.R.J.A.

1901.

(a) Publication of Inactive Cases. The Court shall periodically publish in The Legal

Intelligencer a list of Arbitration cases which have been inactive for two years or more with

notice that these cases will be marked “Terminated under Pa.R.J.A. 1901” unless within 30 days

from the date of publication in The Legal Intelligencer either party or counsel files an Active

Status Certificate, substantially in the Form attached hereto, with the Arbitration Center

certifying that the case is active.

See www.courts.phila.gov/forms for the current version of the Active Status Certificate.

(b) Reinstatement of Terminated Case. Any case terminat ed after notice by publication in The

Legal Intelligencer may be reinstated by the Court, for good cause shown, upon the filing of a

Petition and Answer thereto, if any.

Note: Source: General Court Regulation Nos. 93-1 and 93-6. Adopted by the Board of Judges on May 18, 1995,

effective July 17, 1995.

Rule *1531 Emergency Judge Procedures.

(A) The Common Pleas Court shall, for every week of the year, schedule one weekend

Emergency Judge and one evening Emergency Judge to be available on call to handle emergency

matters such as bail modification applications and injunction applications of an emergency

nature during weekends and evenings.

(B) The weekend Emergency Judge shall hear emergency civil and criminal matters on the

weekend (5 p.m. Friday through 9 a.m. Monday) and emergency criminal matters during the

evening and early morning hours of the weekdays following the weekend emergency duty

(Monday through Thursday, 5 p.m. until 9 a.m. of the next day). The evening Emergency Judge

shall hear emergency civil matters during weekday evenings and early mornings (Monday

through Thursday, 5 p.m. until 9 a.m. of the next day).

Emergency Judge to the City Hall switchboard (686-1776) which will redirect all emergency calls

to the appropriate number.

Note: Former Rule 20; adopted by The Board of Judges, origi nally General Court Regulation 72-1, January 11,

1972 and General Court Regulation 73-6, July 25, 1973.

Rule *1533 Notice of Assignment for Benefit of Creditors.

Assignees for the benefit of creditors and receivers shall, after they have entered security, give

notice of their appointment to every creditor and party in interest of whom they have knowledge,

and shall also publish notice thereof once a week for three successive weeks.

Note: Former Rule 175; originally Star Rule *1533.

Rule *1569 Partition Proceedings—Master’s Report.

A Master appointed under Pa.R.C.P. 1558(b) shall not file his report as required under Pa.R.C.P.

1569(a) until ten (10) days after he has notified all the parties who appeared before him that it is

subject to their inspection and that it will be filed on a given date, unless written exceptions be

filed with the Master before that time. If exceptions are filed, the Master shall re-examine the

subject and amend his report, if, in his opinion, the exceptions are well founded in whole or in

part.

Note: Former Rule 125; originally Star Rule *1569, adopted June 7, 1956.

Rule *2039. Procedure to Compromise, Settle, Discontinue or Distribute Funds in Matters

Involving Minors. See also Pa.R.C.P. Nos. 2039 and 2206.

(A) When Petition Required. No action in which a minor is a party shall be compromised,

settled, or discontinued except after the filing of a Petition for Approval of the Compromise,

Settlement, Discontinuance, or Distribution. In addition to the requirements set forth in this Rule,

Petitions for Approval of dispositions of Wrongful Death or Survival Actions involving minors

must also comply with Pa.R.C.P. No. 2206.

(B) Situs of the Filing of the Petition. Petitions for Approval of Settlements in which minors

have an interest shall be served on all parties of record and filed as follows:

(1) For cases in which a civil action has been initiated in the Trial Division, Petitions for

Approval of Settlements shall be electronically filed with the Office of Judicial Records,

Civil (formerly the ''Prothonotary''). Upon expiration of the Response period, the Petition

shall be assigned to a Judge of the Orphans' Court Division for disposition and the entry of an

appropriate final appealable order. The Order shall be docketed and served on all interested

parties by the Office of Judicial Records.

(2) For cases in which a civil action has not been initiated in the Trial Division, and no civil

docket number has been assigned, Petitions for Approval of Settlement shall be electronically

filed with the Clerk of the Orphans' Court Division. Upon expiration of the Response period,

the Petition shall be assigned to a Judge of the Orphans' Court Division for disposition and

the entry of an appropriate final appealable order. The Order shall be docketed and served on

all interested parties by the Clerk of the Orphans' Court Division.

Settlement Judge or the Trial Judge has not appointed a guardian ad litem, and the Judge of the

Orphans' Court Division believes it necessary that the minor be represented separately, the

Orphans' Court Judge shall appoint a guardian ad litem, who shall be an attorney in good

standing who is admitted to practice law in the Commonwealth of Pennsylvania, to represent the

minor's interest. A guardian ad litem may be appointed if required by the circumstances without

regard to whether a guardian of the person or of the estate of the minor has been appointed.

(D) Contents of the Petition. The Petition shall be substantially in the form set forth hereunder,

and shall:

(1) Set forth the date of birth and the address of the minor, the names and addresses of the

minor's parents, the names and addresses of all guardians of the person, the estate and/or ad

litem of the minor, and the appointing court, and a factual recitation of the salient facts which

form the basis of the cause of action;

(2) State the terms of the settlement, including the specific provisions of any annuity, if

applicable, including the credit rating of the entity assuming responsibility for future

payments, the present cost of the annuity, as well as the schedule and amount of periodic and

lump sum payments;

(3) State the amount of counsel fees and provide an itemization of the expenses to be paid

out of settlement proceeds;

(4) State whether a lien or claim has been raised on behalf of any medical care provider or

payer, including the Department of Human Services and Medicare; and

(5) Contain or be accompanied by the following:

(a) A written report of a physician setting forth the present physical and mental condition

of the minor;

(b) A verified statement by the parent(s) of the minor and the guardian of the person or

guardian ad litem, if appointed, certifying the present physical and mental condition of

the minor; and a copy of the decree appointing the guardian of the person or guardian ad

litem;

guardian ad litem, if appointed, certifying approval of the proposed settlement and

distribution thereof; and a copy of the decree appointing the guardian of the estate or

guardian ad litem;

(d) If the minor is sixteen (16) years of age or older and not otherwise incapacitated, his

or her written approval of the proposed settlement and distribution thereof;

(e) A statement of the professional opinion of counsel as to the reasonableness of the

proposed settlement and the basis for such opinion;

(f) If there is to be an allocation between adults and minors or among minors, a statement

of the amounts allocated to each party and specific reasons for such proposed allocation;

(g) If a guardian ad litem has been appointed, a statement of the professional opinion of

the guardian ad litem as to the reasonableness of the proposed allocation, and the basis

for such opinion. The guardian ad litem shall give specific reasons for his or her approval

or disapproval of any proposed allocation of the proceeds;

(h) Statement of the final lien amount from the Department of Human Services;

(i)(1) Statement of the amount paid by Medicare for medical costs as reflected on the

relevant Explanations of Benefits received from the Medicare payers and Conditional

Payment letters received from the Medicare Secondary Payer Recovery Contractor. This

amount should constitute the maximum Medicare reimbursement exposure to the plaintiff

for which funds from the settlement amount should be reserved. Should the actual

reimbursement to Medicare be less than the reserved amount as a result of allowances by

Medicare for the fees, costs or other factors, the balance shall be distributed in

accordance with the Court Order, and shall be reflected in the Affidavit of Compliance

filed with the Court.

(2) In the event that compliance with the Court's Order is not fully accomplished, the

attorney shall describe the extent of compliance and any reasons for delay in an Affidavit

filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon

complete satisfaction of the terms of the Order.

(j) Statement from medical care providers agreeing to compromised amount(s), if any;

(k) Any other information which might be helpful for the orderly disposition of the

Petition; and

(l) A proposed Order for Distribution, etc., substantially in the form set forth in (K)

below.

(E) Release of Defendants. After Court approval of the gross amount of the settlement, but

before Court approval of the distribution, the plaintiff may sign a release to discharge the settling

defendant and the Court may issue an Order to Settle, Discontinue and End to the settling parties.

If plaintiff releases and discharges a defendant pursuant to this subsection, defendant's draft or

check shall be made payable to the plaintiff and to counsel for the plaintiff and the payees shall

deposit the draft or check into a separate insured interest-bearing escrow account or the attorney's

Interest on Lawyers Trust Account (IOLTA), pending the issuance of an Order of Distribution by

the Court. This subsection is intended to allow prompt tender of settlement proceeds independent

of issues involving distribution.

(F) Counsel Fees. The proposed Order of Distribution shall include an award of counsel fees.

The standard for the award of counsel fees in the representation of minors is that such fees must

be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Rules of Professional

Conduct, Counsel are advised to maintain time records.

Counsel fees of one-third (1/3) of the net fund recovered may be considered reasonable, subject

to the approval of the Court. The net fund is calculated by subtracting the attorney's reimbursable

costs from the gross settlement amount. Counsel fees shall be reduced by the amount of

collateral payments received as counsel fees for representation involving the same matter from

third parties.

(G) Personal Appearances. The Judge of the Orphans' Court to whom the Petition is assigned

may, at his or her discretion, require the personal appearance of the minor, the parents, the

guardians of the estate and/or of the person, the guardian ad litem, the physicians, or any other

relevant party, as well as the production of any other evidence deemed necessary for the

disposition of the Petition.

(H) Compliance with Court Order and Proof of Deposit. Within sixty (60) days of the entry or a

final Order of Distribution, counsel shall electronically file an Affidavit of Compliance with the

Court maintaining the docket of the matter, either with the Office of Judicial Records or with the

Clerk of the Orphans' Court Division. The Affidavit of Compliance shall certify compliance with

the Order, attach a copy of the said Order and shall submit proof of deposit in the restricted

account, annuity, structured settlement or trust. The Affidavit of Compliance shall be

substantially in the form set forth in (K) below.

(I) Distribution to Minors Pursuant to Pa.R.C.P. No. 2039. Funds allocated by a Court approved

minor's compromise, settlement, or by a judgment entered upon a verdict, for the direct benefit

of a minor shall be payable only to the guardian of the estate of the minor appointed by the Court

with jurisdiction over the minor, with the express authorization of the Court as to payment of

counsel fees and expenses or posting of security.

In the alternative, the Court may:

(1) Order, as provided in Pa.R.C.P. No. 2039(b)(l), an amount not in excess of twenty-five

thousand dollars ($25,000) to be paid for the benefit of the minor to the parent(s) as natural

guardian(s), or to the guardian of the person of a minor;

(2) Order, as provided in Pa.R.C.P. No. 2039(b)(2),

(a) Any amount be deposited in one or more restricted savings account(s) in the name of

the minor, in federally insured banks or savings institutions having an office in Philadelphia

County, each not to exceed the insured amounts, with the funds payable to the minor upon

majority. The savings account shall be titled and restricted as follows:

______ , a minor, not to be withdrawn before the minor attains majority, except for the

payment of local, state and federal income taxes on the interest earned, or upon Order of

Court.

(b) the purchase of one or more restricted certificate(s) of deposit in the name of the

minor, in federally insured banks or savings institutions having an office in Philadelphia

County, each not to exceed the insured amounts, with the funds payable to the minor upon

majority. The certificate shall be titled and restricted as follows:

______ , a minor, not to be redeemed except for renewal in its entirety, not to be

withdrawn, assigned, negotiated, or otherwise alienated before the minor attains majority,

except upon Order of Court.

(3) Approve an agreement providing for a structured settlement in the manner provided by

Pa.R.C.P. No. 2039(b)(3).

(4) Approve a trust agreement to be executed by a corporate fiduciary in the manner

provided by Pa.R.C.P. No. 2039(b)(4).

(J) Service. Notice. Proof of Service. Petitions filed pursuant to Section (B)(1) above shall be

served as provided in Phila.Civ.R. *205.4(f)(7) and Pa.R.C.P. No. 205.4(g). Petitions filed

pursuant to Section (B)(2) above shall be noticed as provided in Pa.O.C. Rule 3.5. Service to all

parties in interest not effectuated through the Electronic Filing System shall be effectuated by

mailing Notice of the filing of the Petition and a copy of the Petition by first-class United States

mail, postage prepaid. Proof of Service and a copy of the notice shall be appended to the Petition

or filed after service, as appropriate.

(K) Forms. See Appendix.

Note: Adopted May 19, 2016; effective July 11, 2016.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil2

PLAINTIFF: TERM, 20

v. :

DEFENDANT: NO:

PETITION FOR LEAVE TO SETTLE OR

COMPROMISE MINOR'S ACTION3

To The Honorable, the Judges of the Said Court:

The Petition of ________________________, a minor, by his Guardian (see Pa. R.C.P. No.

2028), by his attorney, ___________________________, Esquire respectfully requests:

1) Petitioner is (see Pa. R.C.P. No. 2026):______________________________________________.

2) The minor was born on _______________________, and his/her social security number is

__________________________.

3) The minor resides with ___________________________________ at the following address:

______________________________________________________________________________.

4) A guardian (was) (was not) appointed for the minor as follows:

______________________________________________________________________________.

A copy of the Order is attached.

5) The minor’s parents are _________________________________________________________

who reside at the following address:

_______________________________________________________________________________.

6) The defendant is _________________________ who resides or whose principal place of

business at all relevant times was ____________________________________________________.

7) On __________________________ at the following location ___________________________,

the minor sustained the following injuries (set forth in detail):

2 In the event the Petition is filed in the Orphans’ Court Division, the caption must comply with Pa.O.C. 3.2.

3In the event the Petition involves an Incapacitated Person, appropriate changes are to be made. See Pa.R.C.P. No.

2051, et seq. and Phila, Civ. R. 2064.

_______________________________________________________________________________

8) A Complaint was filed against defendant(s) as follows: _________________________________

_______________________________________________________________________________.

9) Attached hereto is a report by Dr. ________________________________ dated ___________

which sets forth the present condition of the minor.

10) Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or

guardian ad litem certifying the physical and/or mental condition of the minor, as well as the

parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and

distribution.

11) Attached hereto is the written approval of the proposed settlement and distribution by the minor,

who is sixteen (16) years of age or older.

12) The following settlement has been proposed:4 _______________________________________

_______________________________________________________________________________

______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

13) Counsel is of the professional opinion that the proposed settlement is reasonable due to the

following: _______________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

14) Counsel has incurred the following expenses for which reimbursement is sought (please set

forth in detail)____________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

15) The following costs have been incurred by or on behalf of the minor and must be paid from the

4Phila. Civ. R. 2039 (D)(5)(f) provides that if there is to be an allocation between adults and minors or among minors,

the amounts allocated to each party and specific reasons for such allocation must be set forth. Additionally, if more than

one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each will receive and

shall provide justification for the requested allocation. In the event a portion of the settlement is payable through the

purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present

cost of the annuity, as well as the periodic and lump sum payments.

proceeds of the settlement: _________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page.)

16) The Department of Human Services, or any other entity, does (not) have a claim or lien against

the plaintiff(s) as follows ___________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page.)

17) Counsel requests a fee in the sum of $_______________ which is ________________% per

cent of the net settlement payable to the minor. A copy of the retainer agreement is attached.

18) Counsel (has) (has not) and (will) (will not) receive collateral payments as counsel fees for

representation involving the same matter from third parties (i.e. subrogation).

19) The net settlement payable to the minor (after deduction of costs and attorney’s fees) is

$_________________________.

WHEREFORE, Petitioner requests that he/she be permitted to enter into the settlement

recited above and that the Court enter an Order of Distribution5 as follows:

a) To _______________________________ $_________________

Reimbursement for Costs

b) To _______________________________ $_________________

c) To _______________________________ $_________________

Counsel Fee

d) To: Adult Plaintiff(s) (if applicable) $_________________

e) To ____________________________, A $_________________

Minor,6 in restricted accounts not to be

withdrawn before majority or upon prior

leave of Court.

Counsel is cautioned to specifically provide the requested distribution. Requests that distribution be “as per the attached Order”

are not acceptable.

Counsel is cautioned that the restricted account must be set up in the name of the minor only (not in the name of the parent as

guardian for the minor). See Pa.R.C.P. No. 2039(b)(2).

f) To _________________, the Guardian of $_________________

the Estate of _______________________,

A Minor, appointed or to be appointed by the

Orphans' Court of ______________ County,

after posting appropriate security

_________________________

Name of Attorney

Attorney for Petitioner

V E R I F I C A T I O N

I, _______________________________, am the Petitioner in this action and hereby verify

that the statements made in the foregoing Petition to Settle or Compromise Minor's Action are true

and correct to the best of my knowledge, information and belief.

I understand that the statement in said Petition are made subject to the penalties of 18 Pa.

C.S. §4904 relating to unsworn falsification to authorities.

DATE: _____________ _______________________________

PETITIONER

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil

: TERM, 20

: No.

ORDER APPROVING SETTLEMENT

AND

ORDER FOR DISTRIBUTION

AND NOW, this day of, 20, upon consideration of the Petition For

Leave to Compromise A Minor's Action, filed ___________________ , it is hereby ORDERED and

DECREED that Petitioner is authorized to enter into a settlement with Defendant(s)

_____________ ________________________________________________________ in the gross

sum of _______ ____________________________ ($ ) Dollars. Defendant(s) shall

forward all settlement drafts or checks to Petitioners' counsel for proper distribution.

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as

follows:

1. To: Minor Plaintiff(s)

NAME DOB SS #

___________________ ______________ _____________ $_____________

2. To: Adult Plaintiff(s)

_____________________________________ $_____________

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as

follows:

1. Minor Plaintiff7

NAME DOB SS #

___________________ ______________ _____________ $_____________

The share of each minor Plaintiff shall be separately distributed.

a. To:__________________________, Esquire $_____________

Reimbursement of Costs

b. To:___________________________ $_____________

Costs

c. To:_____________________, Esquire $_____________

Counsel Fees

d. The balance, the sum of $_____________ payable to _____________________,

A Minor, shall be distributed as follows8:

OPTION 1

To:_____________________, Guardian of the Estate of _____________________, A

minor; provided, however, that no payment shall be made to the guardian until the guardian

has posted additional security as required by the Orphans' Court Division of ____________

County pursuant to 20 Pa. C.S. §5121, et seq. An appropriate Petition shall be filed with the

Orphans' Court within thirty (30) days.

OPTION 2

Counsel is hereby authorized to execute all documentation necessary to purchase saving

certificate(s), from federally insured banks or savings institutions having an office in

Philadelphia County, in the sum of $______________, each not to exceed the insured

amount, with the funds payable to the minor upon majority. The certificate shall be titled

and restricted as follows:

_____________________, a minor, not to be redeemed except for renewal in its

entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the

minor attains majority, except upon prior Order of Court.

Counsel shall open a savings account in the sum of $_________________ in the name

of the minor. The savings account shall be titled and restricted as follows:

_____________________, a minor, not to be withdrawn before the minor attains

majority, except for the payment of city, state, and federal income taxes on the

interest earned by the savings certificate and savings account, or upon prior Order of

Court.

In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity

which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum

payments.

2. Adult Plaintiff9

The portion of the settlement payable to __________________________, an Adult Plaintiff

named in the Complaint, shall be distributed as follows:

To: ___________________________, Esquire $____________

Reimbursement of Costs

To: _______________________________ $____________

Costs

To: ___________________________, Esquire $____________

Counsel Fees

To: _____________________________ $____________

Plaintiff

Pursuant to Phila. Civ. R. 2039 (H), counsel shall file with the Office of Judicial Records10 within

sixty (60) days of the entry of this final Order, proof of the establishment of the accounts as required

herein, by Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the

Affidavit a copy of the Certificate of Deposit and/or bank account containing the required

restrictions.

BY THE COURT:

_________________________________

ORPHANS' COURT DIVISION

The share of each adult plaintiff shall be separately distributed.

If the Petition has been filed with the Clerk of the Orphans’ Court Division pursuant to Rule *2039 (B)(2), the

Affidavit shall likewise be filed with the Clerk of the Orphans’ Court Division.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil

: TERM, 20

v. :

: NO:

AFFIDAVIT

I, , Esquire, hereby state and affirm that I have complied

with the Order issued on ___________________ by the Honorable ______________________ as

follows:

Copies of bank accounts are attached hereto.

I verify that the statements in this Affidavit are made subject to the penalties of 18 Pa. C.S.

4904 relating to unsworn falsification to authorities.

DATE: ____________ ______________________________________

, Esquire

Attorney for Petitioner

Rule *2039.1 Motions for Approval of Settlements Where a Minor or Incompetent Has an

Interest.

Note: Amended May 20, 2004; effective July 26, 2004; amended November 15, 2007, effective January 7, 2008.

Rescinded May 19, 2016, effective July 11, 2016.

Rule *2039.2 Motions for Allowance.

(A) Motions for Allowance in those cases where a guardian has been a ppointed by the Orphans’

Court Division shall be filed directly with such Division.

(B) All other Motions for Allowance, irrespective of which Judge approved the original settlement,

shall be filed with the Office of Judicial Records. All such motions shall be decided by the Motion

Court Judge, except where the original Judge has retained jurisdiction of the case. Said motions

are not subject to any further filing requirements of the Motion Court under Philadelphia Civil

Rule *208.3(b)(3).

(1) The facts and circumstances surrounding the origination of the minor’s fund;

(2) A chronological statement of all prior requests for allowance, including the reasons

therefor, the amounts thereof, and the disposition;

(3) The age of the minor at the time the fund was created and the minor’s present age;

(4) The original amount of the minor’s fund and the present balance of same; and

(5) The circumstances and reasons supporting the request for allowance.

(D) All motions shall be accompanied by:

(1) A proposed Order;

(2) A copy of the Original Motion for Compromise and the Order of Distribution;

(3) Copies of all prior requests for allowances and the Orders with respect to same;

(4) Substantiating documentation to support the proposed request; and

(5) A consent filed by the movant.

Note: Former Rule 166, adopted by the Board of Judges, September 15, 1983.

Note: [Existing Rule *2039.2 remains unchanged.] Gen eral Court Regulation no. 92-1 date of Order October 2,

1992; please see Joint General Court Regulation No. 97-1 on page 95 for imple menting procedures and forms;

amended May 20, 2004, effective July 26, 2004; amended November 15, 2007, effective January 7, 2008. Joint

General Court Regulation No. 97-1 may impact this rule.

Rule *2064. Procedure to Compromise, Settle, Discontinue or Distribute Funds in Matters

Involving Incapacitated Persons. See also Pa.R.C.P. Nos. 2064 and 2206.

(A) When Petition Required. No action in which an incapacitated person is a party shall be

compromised, settled, or discontinued except after the filing of a Petition for Approval of the

Compromise, Settlement, Discontinuance or Distribution. In addition to the requirements set

forth in this Rule, Petitions for Approval of dispositions of Wrongful Death or Survival Actions

involving incapacitated persons must also comply with Pa.R.C.P. No. 2206.

(B) Situs of the Filing of the Petition. Petitions for Approval of Settlements in which

incapacitated persons have an interest shall be served on all parties of record and filed as follows:

(1) For cases in which a civil action has been initiated in the Trial Division, Petitions for

Approval of Settlements shall be electronically filed with the Office of Judicial Records,

Civil (formerly the ''Prothonotary''). Upon expiration of the Response period, the Petition

shall be assigned to a Judge of the Orphans' Court Division for disposition and the entry of an

appropriate final appealable order. The Order shall be docketed and served on all interested

parties by the Office of Judicial Records.

(2) For cases in which a civil action has not been initiated in the Trial Division, and no civil

docket number has been assigned, Petitions for Approval of Settlement shall be electronically

filed with the Clerk of the Orphans' Court Division. Upon expiration of the Response period,

the Petition shall be assigned to a Judge of the Orphans' Court Division for disposition and

the entry of an appropriate final appealable order. The Order shall be docketed and served on

all interested parties by the Clerk of the Orphans' Court Division.

de jure, has an interest and the Settlement Judge or the Trial Judge has not appointed a guardian

ad litem, and the Judge of the Orphans' Court Division believes it necessary that the

incapacitated person be represented separately, the Orphans' Court Judge shall appoint a

guardian ad litem, who shall be an attorney in good standing who is admitted to practice law in

the Commonwealth of Pennsylvania, to represent the incapacitated person's interest. A guardian

ad litem may be appointed if required by the circumstances without regard to whether a guardian

of the person or of the estate of the incapacitated person has been appointed.

(D) Content of the Petition. The Petition shall be substantially in the form set forth hereunder,

and shall:

(1) Set forth the date of birth and the address of the incapacitated person, the names and

addresses of all guardians of the person, the estate and/or ad litem of the incapacitated

person, and the appointing court, and a factual recitation of the salient facts which form the

basis of the cause of action;

(2) State the terms of the settlement, including the specific provisions of any annuity, if

applicable, including the credit rating of the entity assuming responsibility for future

payments, the present cost of the annuity, as well as the schedule and amount of periodic and

lump sum payments;

(3) State the amount of counsel fees and provide an itemization of the expenses to be paid

out of settlement proceeds;

(4) State whether a lien or claim has been raised on behalf of any medical care provider or

payer, including the Department of Human Services and Medicare; and

(5) Contain or be accompanied by the following:

(a) A written report of a physician setting forth the present physical and mental condition

of the incapacitated person;

(b) A verified statement by the guardian of the person of the incapacitated person, or the

guardian ad litem, if appointed, certifying the present physical and mental condition of

the incapacitated person, and a copy or the decree appointing the guardian of the person

or guardian ad litem;

guardian ad litem, if appointed, certifying approval of the proposed settlement and

distribution thereof; and a copy of the decree appointing the guardian of the estate or

guardian ad litem;

(d) A statement of the professional opinion of counsel as to the reasonableness of the

proposed settlement and the basis for such opinion;

(e) If there is to be an allocation between a sui juris adult and an incapacitated person, a

statement of the amounts allocated to each party and specific reasons for such proposed

allocation;

(f) If a guardian ad litem has been appointed, a statement of the professional opinion of

the guardian ad litem as to the reasonableness of the proposed allocation, and the basis

for such opinion. The guardian ad litem shall give specific reasons for his or her approval

or disapproval of any proposed allocation of the proceeds;

(g) Statement of the final lien amount from the Department of Human Services;

(h)(1) Statement of the amount paid by Medicare for medical costs as reflected on the

relevant Explanations of Benefits received from the Medicare payers and Conditional

Payment letters received from the Medicare Secondary Payer Recovery Contractor. This

amount should constitute the maximum Medicare reimbursement exposure to the plaintiff

for which funds from the settlement amount should be reserved. Should the actual

reimbursement to Medicare be less than the reserved amount as a result of allowances by

Medicare for the fees, costs or other factors, the balance shall be distributed in

accordance with the Court Order, and shall be reflected in the Affidavit of Compliance

filed with the Court.

(2) In the event that compliance with the Court's Order is not fully accomplished, the

attorney shall describe the extent of compliance and any reasons for delay in an Affidavit

filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon

complete satisfaction of the terms of the Order.

(i) Statement from medical care providers agreeing to compromised amount(s), if any;

(j) Any other information which might be helpful for the orderly disposition of the

Petition; and

(k) A proposed Order of Distribution, etc., substantially in the form set forth in (K) below.