PA · rules

Washington Cnty. C.P. Local Rules of Civil Procedure (Updated August 1, 2025) Rule 440

Service of Copies of Legal Papers

activein force · 1988-07-01 – presentact-effective-date

(1) Copies of all legal papers other than original process that are filed in an action may be

served upon an attorney for a party by:

(a) The procedures for electronic service set forth in Pa.R.C.P.205.4 and

Wash.L.R.C.P. 205.4; or

(b) facsimile transmission if the requirements of Pa.R.C.P. 440(d)(1)-(3) are

satisfied.

(2) It is the responsibility of the attorney, or a party if unrepresented, to maintain valid

physical and electronic mail addresses with the Prothonotary and the C-Track E-Filing

portal.

ACTIONS

RULE 1012. Entry of Appearance

(a) All appearances shall be entered by praecipe and filed with the Prothonotary, or, in cases

involving support, the Domestic Relations Section. Where there are several plaintiffs or

defendants, an appearance shall be deemed for all unless expressly restricted. No attorney

shall be permitted to appear before the Court in any conference, motion, hearing, trial, or

other proceedings without first entering an appearance on behalf of a party.

(b) The Prothonotary, or Domestic Relations Section, shall not permit any paper to be filed

unless at least one of the attorneys signing it shall have been admitted to practice before

the bar of the Supreme Court of Pennsylvania, and any paper or praecipe filed in violation

of this rule shall be suppressed.

a civil or criminal action in this judicial district. No Clerk of the Orphans’ Court, Register

of Wills, or deputy of such office shall practice before the Orphans’ Court Division. No

court reporter or recorder, stenographer, law clerk, employee, or administrator of this Court

shall enter an appearance or otherwise practice in this judicial district.

RULE 1018.1. Notice to Defend

The organizations to be named in the notice to defend accompanying a complaint filed in

the Court of Common Pleas of Washington County, Pennsylvania shall be:

Lawyer Referral Service

119 South College Street.

Washington PA 15301

(724) 225-6710

Summit Legal Aid

10 West Cherry Avenue

Washington, PA 15301

(724) 225-6170

RULE 1028(c). Procedures for the Disposition of Preliminary Objections

(1) All preliminary objections shall be filed with the Prothonotary.

(2) The issues raised in all preliminary objections shall be disposed of at regular sessions

of Argument Court, which shall be scheduled as part of the annual court calendar, and shall

follow the procedures set forth below.

Comment: See Wash.L.R.C.P. 302, entitled “Argument Court. Argument List.”

(3) The Court Administrator shall maintain the Argument Court list.

(4) The schedule for briefs shall be in accordance with these local rules, unless otherwise

ordered by the Court.

(5) The argument list shall be closed thirty (30) days prior to the date for argument. The

list shall then be prepared by the Court Administrator and the cases shall be set out in order

of their listing. Upon the closing of the argument list, the Prothonotary shall furnish

notification to all attorneys and unrepresented parties who have cases listed for argument

of the listing by regular mail.

(6) Briefs shall be filed of record and conform to the requirements of Wash.L.R.C.P. 210.

(7) Issues raised, but not briefed, shall be deemed abandoned.

(8) References in any brief to parts of the record appearing in a reproduced record shall be

to the pages and the lines in the reproduced record where said parts appear; e.g., “(R. pg.

30 L. 15).” If references are made in the briefs to parts of the original record not reproduced,

the references shall be to the parts of the record involved, e.g., (“Answer p. 7),” “(Motion

for Summary Judgment p.2).”

(9) Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes

total, unless prior permission is granted to extend argument for cause shown.

(10) The Court may decide a case on briefs only sua sponte, or upon motion of a party.

(11) All agreements for continuances and/or withdrawals shall be communicated to the

Court Administrator no less than seven (7) days prior to Argument Court. The Court shall

continue an argument only upon good cause shown.

RULE 1034(a). Procedures for the Disposition of a Motion for Judgment on the Pleadings

All motions for judgment on the pleadings shall be filed with the Prothonotary. The

procedures for the disposition of a motion for judgment on the pleadings shall be identical

to those described in Wash.L.R.C.P. 1028(c).

RULE 1035.2(a). Procedures for the Disposition of a Motion for Summary Judgment

All motions for summary judgment shall be filed with the Prothonotary. The procedures

for the disposition of a motion for summary judgment shall be identical to those described

in Wash.L.R.C.P. 1028(c).

RULE 1041.1. Asbestos Litigation

(1) Upon filing of a case in asbestos the case shall be assigned to a judge, who shall preside

over all proceedings relating to the case. The Prothonotary shall immediately notify the

Court Administrator of the filing of an action in asbestos.

(2) All pleadings and proposed orders shall include a caption as follows:

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

CIVIL DIVISION – ASBESTOS

(3) In all asbestos cases, the course of litigation shall be governed by the terms set forth in

a case management order (“CMO”).

(a) Any party may present a CMO to the Court for approval within sixty (60) days

of the filing of the complaint. The proposed CMO shall set forth the actual dates in

which each stage of the litigation must be completed.

(4) In the absence of a CMO approved by the Court within sixty (60) days from the filing

of the complaint, the Court shall enter the following CMO:

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLV ANIA

CIVIL DIVISION - ASBESTOS

Plaintiffs

Plaintiffs,

vs.

Defendants,

Defendants.

No.

CASE MANAGEMENT ORDER

AND NOW, this day of, 20, it is hereby ORDERED,

ADJUDGED, and DECREED that:

1. This Case Management Order (“CMO”) shall govern the litigation in the above-captioned

matter.

2. Within sixty (60) days of the commencement of the action, defendants shall select an attorney

from one of their number to act as lead defense counsel. Lead defense counsel shall promptly

file a notice of his or her selection with the Prothonotary. In the event that lead defense counsel

ceases to act in that capacity, the defendants shall select a replacement within thirty (30) days.

Replacement lead counsel shall promptly file a notice of his or her selection with the

Prothonotary.

3. Plaintiff’s Answers to Standard Short Form Interrogatories shall be served on all defense

counsel within six (6) months of the date of the filing of the complaint.

4. The parties shall disclose all known fact witnesses within eight (8) months of the date of the

filing of the complaint.

5. Discovery shall be completed within fourteen (14) months of the date of the filing of the

complaint.

6. All Motions for Summary Judgment shall be filed within sixteen (16) months of the filing of

the complaint.

7. Responses to the Motions for Summary Judgment shall be filed within seventeen (17) months

of the filing of the complaint.

8. After the responses to the Motions for Summary Judgment have been filed, any party may

present a motion for argument date. Arguments for all Motions for Summary Judgment shall be

heard on the same day.

9. Plaintiff shall file a pre-trial statement within twenty-one (21) months of the date of the filing

of the complaint.

10. Defendant(s) shall file a pre-trial statement within thirty (30) days of the filing of Plaintiff’s

pre-trial statement.

11. The pre-trial statements shall contain a narrative statement, a list of any expert witnesses

intended to be called at trial, all expert reports, and an assessment of damages. The pre-trial

statement shall also include any presently known motions in limine and any legal research,

memorandum, or brief in support thereof. Failure to file a motion in limine shall bar a future

filing, unless said motion could not be anticipated prior to the filing of the pre-trial statement.

12. Upon the filing of pre-trial statements by all active parties, the Court Administrator shall

place the case on the trial list of the assigned judge.

13. This CMO may be modified by agreement of all parties, subject to Court approval, or upon

motion of any party for good cause shown.

BY THE COURT:

ASSIGNED JUDGE

(5) It is the responsibility of the moving party to file all original Orders with the

Prothonotary. Further, the moving party shall serve copies of all Orders upon all counsel

of record and any pro se litigant. If the Court serves copies of any Order, such service shall

be made to counsel for the plaintiff and lead counsel for the defendants, who shall be

responsible for providing service upon all counsel of record and any pro se litigant.

RULE 1042.1. Professional Liability Actions. Mediation

(a) Scope. These rules shall govern mediation in all professional liability cases before the

Court.

(1) This rule shall not pertain to any case involving a pro se litigant.

(b) Selection of Cases for Mediation. Either party, or the Court sua sponte, may file a

motion to refer a case to mediation.

(1) The Court may also at its discretion refer a case to mediation once it is placed

on the trial list.

(2) The Court shall consider the objection of any party to mediation that has not

consented to settlement provided that such lack of consent shall not prevent the

referral of the case to mediation.

parties may agree to the appointment of a mediator.

(1) Unless otherwise agreed to by the parties, the mediator shall be disqualified if:

(i) the mediator has personal knowledge of disputed evidentiary facts

related to the mediation;

(ii) the mediator or any attorney with whom the mediator practiced law

served as an attorney for the matter in controversy; or

(iii) the mediator, or anyone with whom the mediator has a close business

or familial relationship, has an economic interest in the matter in

controversy.

(2) The mediator shall disclose any past or present affiliations with any and all

parties, including the insurance carriers and/or the M-Care Fund.

(d) Compensation. The fee of the mediator shall be determined by the Court. The costs

shall be apportioned equally among the parties, unless otherwise agreed to by the parties

or ordered by the Court. The mediator shall submit an itemized bill to the parties for costs,

expenses, and time. Failure to remit payment within twenty (20) days after receipt of the

bid may result in a rule to show cause why sanctions shall not be imposed.

(e) Submissions to Mediator. Before the first mediation session, the mediator may require

the parties to provide to the mediator confidential and/or pertinent information including,

but not limited to, pleadings, discovery responses/production, transcripts, expert reports,

and/or any other litigation related documents.

(f) Time Frame for Conducting the Mediation. Unless otherwise agreed to by the parties

and the mediator, or ordered by the Court, the first mediation session shall be conducted

not later than sixty (60) days from the agreement to mediate or order to mediate.

(g) Attendance and Authority; Sanctions. The parties, a representative of the defendant’s

insurance carrier with authority to enter into a full and complete settlement of the case on

behalf of the parties, and trial counsel shall personally attend the mediation. A

representative of the M(Care) Fund, with full decision-making authority, shall attend in

person, the mediation. If any of the above individuals or representatives fails to appear at

the mediation session without good cause, or appears without full authority, the Court sua

sponte, or upon motion, may impose sanctions, including an award of reasonable mediator

and attorney’s fees and other costs, against the responsible party.

(h) Settlement Agreement; Enforcement. Each settlement is to be confirmed in a written

settlement agreement, signed by a party or a party representative with authority to sign. A

party representative who signs is presumed to have full authority to bind the party. The

settlement agreement is enforceable in the same manner as any other written contract

and/or by a motion to enforce the settlement agreement.

(i) Confidentiality and Immunity. The mediation shall be confidential and no record shall

be made, except as provided in this rule or as ordered by the Court. The mediator shall not

be subpoenaed or requested to testify or produce documents by any party in any pending

or subsequent litigation arising out of the same or similar matter. Any party, person, or

entity that attempts to compel such testimony or production shall indemnify the mediator

and other protected participants for all reasonable costs, fees, and expenses. The mediator

shall have the same limited immunity as judges pursuant to the applicable law as it relates

to common pleas judges.

Comment: Confidentiality of mediation communications and mediation documents are subject to

the protections and exceptions prescribed in 42 Pa. Con. Stat. § 5949.

(j) Report. If the case is not settled, the mediator shall provide the Court with a detailed

report outlining:

(1) the mediator’s assessment of liability;

(2) the mediator’s assessment of damages;

(3) the mediator’s opinion regarding the potential range of a verdict and the

settlement value of the case;

(4) Plaintiff’s final settlement demand;

(5) Defendant’s final settlement offer; and

(6) the mediator’s recommendation regarding settlement of the case. A copy of the

report shall be provided to and maintained by the Court Administrator until the case

is closed.

ACTION IN EJECTMENT

RULE 1054. Ejectment. Specific Averments

If an action in ejectment is commenced by filing a praecipe for a writ of summons, there

shall be filed with the praecipe a copy of the description of the land for insertion in the

writ.

ACTION IN REPLEVIN

RULE 1081. Replevin. Concealment of Property. Examination of Defendant

Where a petition is presented to the Court for examination of a defendant pursuant to

Pa.R.C.P. 1081, the Court may order the taking of testimony by oral examination or written

interrogatories as prescribed by the rules relating to Depositions and Discovery, Pa.R.C.P.

4001, et seq. The Prothonotary shall issue as of course a subpoena to testify.

RULE 1143. Commencement of Action. Residential Mortgage Foreclosure

(a) In all residential mortgage foreclosure actions, the complaint shall include a “Mortgage

Foreclosure Diversion Program Notice,” in the format set forth below:

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

CIVIL DIVISION

Plaintiffs

Plaintiffs,

vs.

Defendants,

Defendants.

No.

MORTGAGE FORECLOSURE DIVERSION PROGRAM NOTICE

You have been sued in court to foreclose upon the mortgage associated with your home.

You are notified that you may seek a 90-day stay in this mortgage foreclosure action if you

attend a free Foreclosure Mitigation Counseling session within 20 days of being served with the

complaint in this action and this notice, and make application for the stay. The purpose of this stay

is to permit you an opportunity to work with the lender/plaintiff to reach an agreement to settle this

proceeding. The Foreclosure Mitigation Counseling sessions are held every Thursday at 10:00 a.m.,

at the Southwestern PA Legal Services’ office located next to the Washington County Courthouse

at 10 West Cherry Avenue, Washington, PA 15301.

If you fail to appear for this free Foreclosure Mitigation Counseling session, you will not

receive a 90-day stay of these proceedings and if you do not respond to the complaint, a default

judgment may be entered.

YOU SHOULD STRONGLY CONSIDER ATTENDING A FORECLOSURE

MITIGATION COUNSELING SESSION. THESE SESSIONS WILL BE CONDUCTED BY A

REPRESENTATIVE OF SOUTHWESTERN PENNSYLVANIA LEGAL SERVICES. YOU

MAY BE ABLE TO SEEK ASSISTANCE FROM A LEGAL PROFESSIONAL AT THE

FORECLOSURE MITIGATION COUNSELING SESSION.

IF YOU HAVE QUESTIONS ABOUT THIS MATTER, YOU MAY HAVE THEM

ADDRESSED AT THE FORECLOSURE MITIGATION COUNSELING SESSION, OR YOU

MAY CONTACT SOUTHWESTERN PA LEGAL SERVICES AT:

10 WEST CHERRY AVENUE

WASHINGTON, PA 15301

724-225-6170

TOLL FREE: 1-800-846-0871

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Washington County, Pennsylvania is required by

law to comply with the Americans with Disabilities Act of 1990. For information about

accessible facilities and reasonable accommodations available to disabled individuals

having business before the Court, please contact our office. All arrangements must be made

at least 72 hours prior to any hearing.

(b) If the defendant completes the Foreclosure Mitigation Counseling session, the Court

shall enter a 90-day stay upon application of the defendant.

to take action by entering a written appearance personally or by an attorney and filing in

writing with the court his or her defenses or objections to the claims set forth against him

or her; provided, however, that if the defendant is served outside the United States the

defendant shall have sixty (60) days in which to respond.

COMPULSORY ARBITRATION

Rule 1301. Compulsory Arbitration. Scope

(a) All civil actions which are subject to compulsory arbitration pursuant to 42 Pa. Con.

Stat. § 7361, in which the amount in controversy, exclusive of interest and costs, is fifty-

thousand ($50,000.00) dollars or less, shall be submitted to compulsory arbitration.

(b) The amount in controversy shall be the largest amount claimed in any single count of

the pleadings by any party.

for which a trial is demanded be first submitted to compulsory arbitration pursuant to these

rules.

Comment: Actions involving real property are not subject to compulsory arbitration.

Rule 1302. Compulsory Arbitration – Arbitrators

(a) A list of available arbitrators shall be maintained by the Court Administrator. The list

shall consist of a sufficient number of members of the Bar of Washington County who

express a willingness to serve and who are actively engaged in the practice of law primarily

in Washington County in accordance with Pa.R.C.P. 1302(a).

(b) Each attorney who satisfies the requirements of Rule 1302(a) may submit his or her

name to the Court Administrator, who shall assign said attorneys to arbitration panels. The

composition of the panels may be changed as deemed appropriate by the Court

Administrator.

shall be the chairperson of the panel, unless otherwise agreed by the members of the panel.

(d) The Court may from time to time establish a special panel of arbitrators who by virtue

of seniority and experience, in specific fields of the law, are uniquely qualified to serve as

arbitrators in particular types of cases, and whose special service will advance the interests

of justice.

(e) Each arbitrator shall be compensated at a commensurable rate to their service, which

shall be established by the Court Administrator and approved by the Court.

(f) If an appointed arbitrator cannot serve at the time and place designated, the attorney

shall, unless otherwise prevented by matters beyond his or her control, notify the Court

Administrator at least five (5) days in advance of the date upon which the hearing has been

scheduled. That attorney shall then be appointed an arbitrator at the first opportunity

thereafter. If any arbitrator fails to give notice as aforesaid or simply fails to appear at a

scheduled arbitration, his or her name shall be passed over and that attorney shall not

receive another appointment until his or her name reappears for appointment in due course.

If any arbitrator is guilty of such a failing a second time, the attorney’s name shall be

removed from the appropriate list or lists, and he or she shall not thereafter serve as an

arbitrator until reinstated upon application to the court. An attorney who fails to appear for

a second time may, in the discretion of the Court, be responsible for the payment of costs

if such absence causes the arbitration to be continued.

Rule 1303. Hearing

(a) Arbitrations shall be held on the date and at the time and place prescribed by the Court

Administrator.

(b) The Court Administrator shall notify all attorneys of record of the date, time, and place

of the hearing by mail. If a party is not represented by counsel, that party shall be given

notice of the arbitration in accordance with Pa.R.C.P. 440. The Court Administrator shall

file of record proof of notice as aforesaid. Notice shall be given to the parties or their

attorneys of record at least thirty (30) days prior to the scheduled hearing.

(1) The Court Administrator shall notify all arbitrators assigned to an arbitration

panel of the dates on which the arbitration panel is assigned to hear arbitration cases

and the location of the arbitration hearings.

(2) Prior to the scheduled arbitration date, the Court Administrator shall send all of

the arbitrators assigned to the arbitration panel a list containing the names of the

cases to be heard, the names of the parties, and the names of all counsel for the

parties. In the event any of the arbitrators believes that he/she has a conflict of

interest in connection with hearing any particular case, the arbitrator shall

immediately notify the Court Administrator in writing that the arbitrator believes

that there is a conflict of interest and the reason for the conflict. The Court

Administrator shall assign a substitute arbitrator to the case.

of the Court Administrator located at the site of the arbitration. Cases in which all parties

have checked in and have indicated they are ready to proceed will be assigned to a panel

for hearing by the representative of the Court Administrator after consultation with the

panel chairperson. All cases on the list are intended to be reached, and all counsel should

be prepared to commence their case at the time they are directed to report for the arbitration.

(d) In the event that the panels of arbitrators are unable to reach all of the cases scheduled

for arbitration on a particular day, the arbitration hearing for those cases that are not reached

shall be continued by the Court Administrator to the next available date. In the event that

an arbitration hearing has been commenced but is not concluded on the day scheduled for

the arbitration hearing, the arbitration hearing shall be continued to a date convenient to

the arbitration panel and parties.

(e) The written notice provided for in subsection (b) above shall include the following

statement:

“This matter will be heard by a board of arbitrators

at the time, date, and place specified but, if one or

more of the parties is not present at the hearing, the

matter may be heard at the same time and date before

a judge of the court without the absent party or

parties. There is no right to a trial de novo on appeal

from a decision entered by a judge.”

(f) The representative of the Court Administrator shall administer the oath required by

Pa.R.C.P. 1302(f) to each arbitrator.

Rule 1303.1 Scheduling of Arbitration Hearing. Discovery Time Limits

(1) A matter subject to compulsory arbitration shall be scheduled for a hearing as set forth

below.

(a) An appeal of a decision of a magisterial district judge pursuant to Pa.R.M.D.J.

1002 shall be scheduled for arbitration within ninety (90) days of the filing of the

appeal in the Court of Common Pleas.

(b) All other matters subject to compulsory arbitration shall be scheduled at the

direction of the Court Administrator.

listed above in subsection (b) upon the filing of a joint praecipe with the

Prothonotary.

(i) There shall be no discovery permitted after the filing of a joint praecipe.

(2) Discovery in all matters subject to compulsory arbitration other than appeals pursuant

to Pa. M. D. J. 1002 shall be limited to one hundred fifty (150) days from the

commencement of the action, unless otherwise ordered by the Court for good cause shown.

In no case shall discovery be permitted to exceed two hundred forty (240) days.

(3) If a party fails to appear for a scheduled arbitration hearing, the Court may act as

follows:

(a) immediately hear the matter as an ex parte, non-jury trial and enter a verdict; or

(b) order the matter to proceed to arbitration for a hearing and the entry of an award

by the arbitration panel.

(4) A non-jury verdict entered by the Court shall not exceed $50,000.00 to any party,

exclusive of costs and interest.

Comment: When the Court “hears the matter,” it is accelerating the time for conducting a de novo

trial. However, the proceeding is still a “trial” and the rules otherwise applicable to a trial in the

Court of Common Pleas are not suspended. Therefore, counsel, or a party if unrepresented, should

be prepared to present testimony and introduce evidence at the trial, and the Court should make

findings of fact and conclusions of law. See Hayes v. Donohue Designer Kitchen, Inc., 818 A.2d

1287 (Pa. Super. Ct. 2003).

Rule 1303.2 Continuances

(a) A party may continue a scheduled arbitration hearing one (1) time upon filing of a

praecipe for continuance with the Prothonotary and payment of a fee of $50.00. The

praecipe shall be filed at least five (5) days before the scheduled arbitration; the

Prothonotary shall refuse a praecipe if filed later than five (5) days before the scheduled

arbitration.

(1) A copy of the praecipe must be provided contemporaneously to the Court

Administrator. The filing party shall be responsible for immediately notifying

opposing counsel, or a party if unrepresented, of the continuance.

(b) For any request for a continuance that is either less than five (5) days before the

scheduled arbitration or not the first request for continuance by a party, the requesting party

shall file a motion and seek leave of court.

(1) The Court shall grant the continuance only for good cause shown.

(2) The requesting party shall pay a continuance fee of $100.00.

not be cause for continuance of the arbitration hearing.

Rule 1304. Conduct of Hearing. Generally

(a) The board of arbitrators shall have no power to permit the amendment of pleadings,

allow the addition or substitution of parties, or rule on preliminary objections, motions for

judgement on the pleadings, or motions for summary judgment.

(b) The procedural rules, set forth in Pa.R.C.P. 1304, shall apply to the conduct of

arbitration hearings.

date of hearing.

(d) If it appears at the arbitration hearing that any defendant has not been properly served,

judgment shall be entered for that defendant.

(e) If it appears at the arbitration hearing that a defendant has appealed a district justice

judgment and has not served a rule to file a complaint upon the plaintiff, an award shall be

entered in favor of the plaintiff.

(f) If it appears at the arbitration hearing that a complaint has not been filed, judgment shall

be entered for the defendant.

Rule 1305. Conduct of Hearing. Evidence

(a) Initially, all rulings on objections to evidence or on other issues which arise during the

hearing shall be made by the chairperson of the board of arbitrators, and such rulings shall

be final unless one of the other arbitrators disagrees with the same. In the latter instance,

the arbitrators shall consult and vote and the final ruling shall be that of the majority.

(b) Following the hearing, the chairperson of the board of arbitration shall release to the

respective parties the exhibits introduced and admitted. In no instance shall the Court

maintain or keep the exhibits after the completion of the arbitration proceedings.

arbitration hearings.

RULE 1305.1. Pleadings and Discovery

(a) Small Claims. In all cases in which the amount in controversy is $12,000.00 or less, a

simplified complaint shall be encouraged and a simplified answer shall be permitted. A

standard form simplified complaint and simplified answer shall be approved by the Court

and provided in sufficient quantities by the Prothonotary.

(1) Discovery in cases in which the amount in controversy is $12,000.00 or less

shall be permitted only by order of court. In the event that it is necessary to continue

the arbitration pending discovery, the order permitting discovery shall provide for

such continuance, and the Court Administrator shall reschedule the arbitration.

(2) The Court Administrator shall design any necessary forms to facilitate appeals

pursuant to Pa.M.D.J. 1002, and shall make the forms available in the magisterial

districts and the Prothonotary.

(b) Discovery in Personal Injury Cases. For any personal injury claim subject to

compulsory arbitration, the plaintiff may serve arbitration discovery requests as set forth

below. The requests may be served simultaneously with the complaint.

(1) The defendant shall furnish the information sought in the discovery requests

within thirty (30) days of receipt of the discovery requests.

(2) Any defendant may serve arbitration discovery requests as set forth below either

together with a copy of the answer served on the plaintiff or thereafter within the

time limits for discovery.

(3) The plaintiff shall furnish the information sought in the discovery requests

within thirty (30) days of receipt of the discovery requests.

(4) A party may not seek additional discovery through interrogatories or requests

for production of documents until that party has sought discovery through the

arbitration discovery requests described herein.

(5) A party may not include any additional interrogatories or requests for

production of documents in the arbitration discovery requests provided for in this

local rule, absent leave of court.

(6) This local rule applies to additional defendants.

(7) The local rule does not apply to claims that do not exceed the sum of $12,000.00

(exclusive of interest and costs) wherein the parties may only seek discovery when

permitted by the Court.

PLAINTIFF’S ARBITRATION DISCOVERY REQUESTS FOR PERSONAL INJURY

CLAIMS DIRECTED TO DEFENDANTS

These discovery requests are directed to Defendants,__________________. Within thirty

(30) days following receipt of these requests, you shall provide the information sought in these

discovery requests to every other party to this lawsuit.

IDENTITY OF DEFENDANT(S)

1. Set forth your full name and address.

INSURANCE

a. Is there any insurance agreement that may provide coverage to you for this

incident?

Yes_______No_______

b. If so, list the name of each company and the amount of protection that may be

available.

WITNESSES

3. List the names, present addresses and telephone numbers (if known) of any persons who

witnessed the incident (including related events before and after the incident) and any

relationship between the witness and you.

SETTLEMENTS AND OTHER WRITINGS

a. Do you have any written or oral statements from any witness, including any

plaintiffs?

Yes_____ No _____

b. If you answered yes, attach copies of any written statements signed, adopted or

approved by any witness, attach a written summary of any other statements (include

oral statements), and identify any witness from whom you obtained a stenographic,

mechanical, electrical or other recording that has not been transcribed. (This request

does not cover a statement by a party to that party’s attorney.)

I have _____ have not _____ fully complied with request 4(b).

c. Do you have any photographs, videotapes, surveillance tapes, maps, drawings,

diagrams, etc. that you may seek to introduce at trial or that may otherwise pertain

to a lawsuit?

Yes _____ No _____

d. If you answered yes, attach copies of each of these items.

I have _____ have not _____ fully complied with request 4(c).

MEDICAL DOCUMENTS

a. Do you have any medical documents relating to the plaintiff?

Yes___ No___

b. If you answered yes, attach each of these documents.

I have _____ have not _____ fully complied with request 5(b).

CRIMINAL CHARGES

a. Were any felony or misdemeanor criminal charges filed against you or any of

your agents which arise out of the incident that is the subject of this lawsuit?

Yes _____ No _____

b. If you answered yes, list each felony or misdemeanor charge that is pending and

each felony and misdemeanor conviction.

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

Plaintiffs

Plaintiffs,

vs.

Defendants,

Defendants.

No.

DEFENDANT’S ARBITRATION DISCOVERY REQUESTS

These discovery requests are directed to the Plaintiff, _____ . Within thirty (30) days

following receipt of these requests, you shall provide the information sought in these discovery

requests to every other party to this lawsuit.

IDENTITY OF PLAINTIFF(S)

1. Set forth your full name, address, age, employer, and type of employment.

ANSWER:

WITNESSES

2. List the names, present addresses and telephone numbers (if known) of any persons who

witnessed the incident (including related events before and after the incident) and any

relationship between the witness and you.

ANSWER:

STATEMENTS AND OTHER WITNESSES

a. Do you have any written or oral statements from any witnesses, including any

defendant?

Yes _____ No _____

b. If you answered yes, attach any copies of written statements signed, adopted or

approved by any witness, attach a written summary of any other statements

(including oral statements), and identify any witness from whom you obtained a

stenographic, mechanica l, electrical, or other recording that has not been

transcribed. (This request does not cover a statement by a party to that party’s

attorney.)

c. Do you have any photographs, maps, drawings, diagrams, damage estimates, etc.,

that you may seek to introduce at trial or that may otherwise pertain to this lawsuit?

Yes _____ No _____

d. If you answered yes, attach each of these writings.

I have _____ have not _____ fully complied with request 3(c).

MEDICAL INFORMATION CONCERNING PERSONAL INJURY CLAIM

a. Have you received any inpatient or outpatient treatment from any hospital for

any injuries or other medical conditions for which you seek damages in this

lawsuit?

Yes _____ No _____

b. If you answered yes, list the names of the hospitals, the names and addresses of

the attending physicians, and the dates of the hospitalizations.

ANSWER:

c. Have you received any chiropractic treatment for any injuries or other medical

conditions for which you seek damages in this lawsuit?

Yes _____ No _____

d. If you answered yes, list the name and address of each chiropractor and the dates

of treatment.

ANSWER:

e. Have you received any other medical treatment for any injuries or other medical

conditions for which you seek damages in this lawsuit?

Yes _____ No _____

f. If you answered yes, list the names and addresses of each physician.

ANSWER:

g. Attach complete hospital and office records covering the injuries or other medical

conditions for which you seek damages for each hospital, chiropractor, and other

medical provider identified in 4(b), and 4(f) or authorizations for these records.

I have _____ have not _____ fully complied with request 4(g).

h. Attach complete hospital and office records covering the injuries or other medical

conditions for which you seek damages for each hospital, chiropractor, and other

medical provider identified in 4(b), and 4(f) or authorizations for these records.

ANSWER:

(b) Have you received inpatient or outpatient treatment for injuries or physical

problems that are not part of your claim in this lawsuit from any hospital within the

period from five (5) years prior to the incident to the present date?

Yes _____ No _____

the date of each treatment, the reason for the treatment, and the length of the

hospitalization.

ANSWER:

(d) Have you received chiropractic treatment for injuries or physical problems that

are not part of your claim in this lawsuit within the period from five (5) years prior

to the incident to the present date?

Yes _____ No _____

(e) If you answered yes, attach a separate sheet which lists the dates of the

treatment, the reasons for the treatment, and the chiropractor’s name and address.

ANSWER:

(f) Within the period from five (5) years prior to the incident to the present date,

have you received any other medical treatment for injuries that are not part of your

claim in this lawsuit?

Yes _____ No _____

(g) If you answered yes, attach a separate sheet which lists the dates of treatment,

the reasons for the treatment, and the name and address of the treatment provider.

ANSWER:

I have _____ have not _____ fully complied with requests 5(b), 5(c), and

5(f).

WORK LOSS

a. Have you sustained any injuries which resulted in work loss within the period

from five (5) years prior to the incident in the present date?

Yes _____ No _____

b. If you answered yes, for each injury list the date of the injury, the nature of the

injury, and the dates of the lost work.

ANSWER:

7. If a claim is being made for lost income, state the name and address of your employer at

the time of the incident, the name and address of your immediate supervisor at the time of

the incident, your rate of pay, the dates of work loss due to the injuries from this accident,

and the total amount of your work loss claim.

ANSWER:

OTHER BENEFITS

a. If you are raising a claim for medical benefits or lost income, have you received

or are you eligible to receive benefits from workers’ compensation or any program,

group contract, or other arrangement for payment of benefits as defined by Title 75

P.S. §1719(b)?

Yes _____ No _____

b. If you answered yes, set forth the type and amount of these benefits.

ANSWER:

INSURANCE INFORMATION

a. Are you subject to the “Limited Tort Option” or “Full Tort Option” as defined in

Title 75 P.S. §1785 (a) and (b)?

_____ Limited Tort Option (no claim is made for non-economic damages)

_____ Limited Tort Option (claim is made for nonmonetary damages

because the injuries fall within the definition if serious injurt or in

75 P.S. §1705(d)(1)-(3) applies)

_____ Full Tort Option

b. (Applicable only if you checked “Full Tort Option”) Describe each vehicle

(make, model, and year) in your household.

ANSWER:

c. (Applicable only if you checked “Full Tort Option”) Attach a copy of the

Declaration Sheet for the automobile insurance policy covering each automobile in

your household.

I have _____ have not _____ fully complied with request 9(c).

Plaintiff verifies that the statements made herein are true and correct. Plaintiff understands

that false statements herein are made subject to the penalties of 18 Pa. Con. Stat. §4904

relating to unsworn falsification to authorities.

Date:

_______________

_______________ Plaintiff

Respectfully submitted,

_____________________

Counsel for Defendant

Rule 1306. Delay Damages

(a) Arbitrators may consider the subject of damages for delay pursuant to Pa.R.C.P. 238,

after a decision had been reached on the merits.

(b) After the amount of the award has been determined, the panel shall make a

determination as to damages for delay in accordance with Pa.R.C.P. 238 by accepting a

sealed envelope containing a stipulation setting forth whether an offer was made in writing,

and if so, the amount as well as the date of the offer.

amount awarded, but shall be separately stated on the award.

Rule 1307. Costs

Witness fees and costs shall conform to fees and costs pertaining to civil actions in the

Court of Common Pleas of Washington County.

Rule 1308. Appeals from Arbitration

All appeals from arbitration must be timely filed with the Prothonotary accompanied by a

check in the amount of $500.00 or 50% of the amount in controversy, whichever is less.

EQUITABLE RELIEF

RULE 1531. Preliminary or Special Injunction. Emergency Judge Procedures

The President Judge shall annually assign the judges to the Court of Common Pleas to be

available to handle emergency civil matters where the relief sought is in the nature of a

preliminary or special injunction.

ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

L-1901.1-1 ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Pursuant to the authority set forth in the Protection from Abuse Act of December 19, 1009,

P.J. 1240, as amended, 23 Pa. C.S. § 6101 et seq., the following practices, procedures, and

rules are promulgated.

It is the purpose and policy of the Court of Common Pleas of Washington County,

Pennsylvania, to implement and effectuate the Protection from Abuse Act and its

amendments to protect victims from abuse, to streamline and facilitate enforcement; to

establish duties upon the Prothonotary, the Sheriff, Magisterial District Judges, and police

departments; and to provide for emergency relief.

L-1901.1-2 COMMENCEMENT IN COURT

(a) Petitions for Protection from Abuse shall be presented to the assigned judge, who will

schedule a hearing on the petition. If the plaintiff petitions from a temporary order and

alleges immediate and present danger of abuse, the Court may conduct an ex-parte

proceeding and may enter a temporary order as it deems appropriate.

(b) Assistance and Advice to Individuals Not Represented by Counsel

(1) Forms sufficient for this purpose shall be provided by the Washington County

Prothonotary, Domestic Violence Services of Southwestern Pennsylvania, or other

individuals as designated by the court.

(2) Clerical assistance to help with writing and filing the petition shall be provided

by the Prothonotary, Domestic Violence Services of Southwestern Pennsylvania,

or other individual designated by the court.

(3) The prothonotary shall provide written instructions, in English and in Spanish,

to the local domestic violence program, to the Southwestern Pennsylvania Legal

Aid Society, and to the Washington County Bar Association Lawyer Referral

Service.

(4) Petitions will be accepted between 9:00AM and 4:00PM, Monday through

Friday except court holidays.

(5) The Prothonotary shall accept petitions, and any other filings, after normal

business hours, when so directed by the common pleas court.

L-1901.1-3 EMERGENCY RELIEF BY THE MINOR JUDICIARY

(a) A petition for protection from abuse may be filed before the on-call magisterial district

judge from 3:45 PM each day until 9:00 AM the next business day, Monday through

Friday. The on-call magisterial district judge shall asl accept a petition for protection from

abuse from 3:45 PM the last day of the business week to 9:00 AM of the first day of the

next business week.

(b) An order issued under subsection (a) will expire at 4:00 p.m. on the next business day.

(1) The Magisterial District Judge shall certify the emergency order issued under

subsection (a) and the petition to the Court.

(2) The Magisterial District Judge shall advise the plaintiff that the plaintiff is

responsible for picking up the certified record at the Magisterial District Judge’s

office on the next business day of court and filing it with the Prothonotary of

Washington County.

(3) The Magisterial District Judge shall advise the plaintiff regarding the procedure

for initiating a contempt charge.

(4) The Magisterial District Judge shall advise the plaintiff of the existence of

programs for victims of domestic violence and the availability of legal assistance.

(d) Prothonotary.

(1) The Prothonotary shall accept the certified record from the Magisterial District

Judge for filing and assign a case number.

(2) The Prothonotary shall provide the plaintiff with a copy of the petition and

emergency order and advise the plaintiff to take the documents to the Domestic

Violence Services of Southwestern Pennsylvania.

(e) Assigned Judge.

(1) The assigned judge shall schedule hearings on protection orders issued under

subsection (a) and will review and continue in effect protection orders that are

necessary to protect the plaintiff until the hearing.

(2) The assigned judge may order service of the petition, emergency and temporary

order by the Sheriff pursuant to L-1901.1-4(b).

L-1901.1-4 SERVICE OF PETITION AND ORDER

(a) The plaintiff shall ensure that the petition and order are promptly served upon the

defendant and that the order is served upon police departments with appropriate jurisdiction

to enforce the order.

(b) Where the plaintiff avers that service cannot be safely effectuated by an adult individual

other than a law enforcement officer and the Court so orders, the Sheriff of Washington

County shall serve the petition and order on the defendant. The Sheriff shall advise the

Court that service has been effectuated, as well as the cost of service.

serve the order upon the appropriate police departments.

L-1901.1-5 ARREST FOR VIOLATION OF ORDER

(a) If the defendant is arrested for violation of a Protection from Abuse order, the defendant

shall be taken before the Magisterial District Judge in the district where the alleged

violation occurred or the on-call Magisterial District Judge.

(b) The defendant shall be arraigned forthwith pursuant to the Pennsylvania Rules of

Criminal Procedure and Washington County Local Court Rules.

accordance with Pa. R. Crim. P. 520 et seq.

(d) Procedure for Scheduling Hearing Before the Court:

(1) Violation of an order issued by the Washington County Court of Common Pleas.

(i) The Magisterial District Judge shall schedule the hearing before the

appropriate Family Court Judge at 9:30 AM on the next date that the judge

will hear Protection from Abuse related matters.

(2) Violation of an order issued by a Magisterial District Judge or court in another

judicial district within the Commonwealth or an order issued by a court of another

state.

(i) The Magisterial District Judge shall schedule the hearing before the

appropriate Family Court Judge at 9:30 AM on the next date that the judge

will hear Protection from Abuse related matters.

(e) The Magisterial District Judge shall inform the arresting officer, the plaintiff, and the

defendant of the hearing date and time. Written notice of the hearing shall be delivered to

the plaintiff and defendant and each shall sign a receipt.

(f) The Magisterial District Judge shall cause the following completed forms to be

delivered to the Clerk of Courts: (1) criminal complaint; (2); probable cause affidavit; (3)

certificate of bail, if required, and discharge of commitment; and (4) receipts for notice of

hearing. The documents shall be delivered by 9:00 a.m. on the morning of the hearing.

Delivery may be made by the arresting officer.

L-1901.1-6 PRIVATE CRIMINAL COMPLAINT FOR VIOLATION OF ORDER OR

AGREEMENT

(a) The private criminal complaint shall be filed with the Magisterial District Judge in the

jurisdiction in Washington County where the abuse occurred or with the on-call Magisterial

District Judge.

(b) The approval of the District Attorney of Washington County is not required prior to the

filing of a private criminal complaint under this section.

violation of a non-economic provision of an order or court-approved consent agreement

pursuant to Section 6113.1 of the Act is as follows:

(1) Magisterial District Judge

(i) The Magisterial District Judge shall prepare the private criminal

complaint and notices of hearing.

(ii) The Magisterial District Judge shall schedule the hearing before the

appropriate Family Court Judge at 9:30 AM on the next date that the judge

will hear Protection from Abuse related matters.

(iii) The Magisterial District Judge shall give the plaintiff a copy of the

private criminal complaint and notice of hearing, receipt of which shall be

acknowledged in writing by the plaintiff.

(iv) The Magisterial District Judge shall forward the original documents to

the Clerk of Courts of Washington County.

(2) Clerk of Courts

(i) The Clerk of Courts shall process the documents received from the

Magisterial District Judge and forward them to the Family Court Judge

before whom the hearing is scheduled.

(d) The procedure for service of the private criminal complaint is as follows:

(1) The Magisterial District Judge shall serve a copy of the private criminal

complaint and notice of hearing on the defendant by certified mail, return receipt

requested.

(2) The Magisterial District Judge shall notify the Family Court Judge, before

whom the hearing is scheduled, that the return receipt has been received or that the

private criminal complaint has been returned undelivered.

L-1901.1-7 CIVIL CONTEMPT FOR VIOLATION OF ORDER OR AGREEMENT

(a) A plaintiff may file a petition for civil contempt or modification, alleging that a

defendant has violated any provision of an order or court-approved consent agreement.

(b) Plaintiff shall obtain a hearing date from the issuing Judge at that Judge’s regularly

scheduled motions court.

defendant.

L-1901.1-8 NOTIFICATION UPON RELEASE

(a) Criminal Victim/Witness Assistance Program shall use all reasonable means to notify

the plaintiff sufficiently in advance of the release of the defendant from any incarceration

imposed as a result of a finding of contempt.

(b) Notification shall be required for work release, furlough, medical leave, community

service, discharge, escape, and recapture. Notification shall include the terms and condition

imposed on any temporary release from custody. The plaintiff shall keep the Crime

Victim/Witness Assistant Program advised of contact information; failure to do so will

constitute a waiver of any rights to notification under these provisions.

L-1901.1-9 MODIFICATION, EXTENSION or WITHDRAWAL OF ORDER OR

AGREEMENT

(a) A plaintiff or defendant may file a petition for modification, extension or withdrawal

of an order or consent agreement any time during the pendency of the order.

(b) The party seeking modification shall file a petition through the Domestic Violence

Services of Southwestern Pennsylvania and a hearing shall be scheduled for the next

available hearing date for modifications or extension.

agreement will be held once per month and will be scheduled for 1:00PM.

(d) The party seeking modification shall cause the petition and order scheduling the hearing

to be promptly served upon the opposing party.

€ No orders for withdrawal will be permitted unless the costs for both the Prothonotary and

Sheriff’s service are paid.

L-1901.1-10 REGISTRY: OUT OF STATE ORDERS

(a) The Prothonotary shall maintain a registry in which shall be entered certified copies of

protection from abuse orders issued by a comparable court in another state.

(b) A valid order may be registered by the plaintiff by obtaining a certified copy of the

order of the issuing court endorsed by the Prothonotary of that court and filing and

presenting that certified order to the Prothonotary of Washington County.

plaintiff with a copy bearing proof of registration to be filed with the appropriate law

enforcement agency.

(d) No costs shall be assessed for registration of an order.

ACTIONS PURSUANT TO OLDER ADULTS PROTECTIVE SERVICES ACT

L-1901.2-1 DEFINITIONS

“Act” means “older Adults Protective Services Act” No. 79, effective July 1, 1988, 35 P.S.

§10211 et seq.

“Action” means a petition to enjoin interference with services, or to require access to

persons or to records as set further in Section 7 of the Act, or an emergency petition as set

forth in Section 10 of the Act.

L-1901.2-2 COMMENCEMENT OF ACTION

(a) Except as provided in subsection (b), an action shall be commenced by filing with the

Prothonotary a petition, setting forth a concise statement of the facts relied upon to justify

the relief requested, and a prayer for the relief desired.

(b) Filing in the office of the Prothonotary a certified order of a Magisterial District Judge

entered pursuant to L-1901.2-4.

L-1901.2-3 SERVICE

(a) Service of the petition or certified order of the Magisterial District Judge shall be made

pursuant to Pa. Rules of Civil Procedure 400 et eq.

(b) An order entered under Sections 7 and 10 of the Act shall be served and enforced by

such persons and in such manner as the Court shall direct in the order.

L-1901.2-4 HEARINGS

(a) Within ten (10) days after the filing of a petition under Section 7 of the Act, the Motions

Judge of the Court of Common Pleas shall schedule a hearing at which the petitioner must

prove the facts justifying the relief requested by a preponderance of the evidence. The

Court shall advise the respondent of his right to be represented by counsel. No pleading

need be filed in response to the petition.

(b) Emergency petitions pursuant to section 10 of the Act shall be presented to the Motions

Judge of the Court of Common Pleas during normal Courthouse hours; otherwise to the

on-call Magisterial District Judge. The Motions Judge or Magisterial District Judge shall

accept and decide such emergency petitions promptly pursuant to Section 10 of the Act.

office by 9:15 a.m. on the following business day, at which time they shall expire.

(d) The Magisterial District Judge shall advise the petitioners of the need to appear before

the Motions Judge at 9:15 a.m. on the Court’s next business day for continuing relief.

L-1901.2-5 DECISION POST-TRIAL RELIEF

(a) The decision of the Court shall be governed by Pa. R.C.P. 1038(b) and (c).

(b) Post-trial relief shall be governed by Pa. R.C.P. 227.1 to 227.4

ACTIONS FOR SUPPORT

RULE 1910.4. Commencement of Action. Fees

Any statutorily authorized fee shall not be collected from a party otherwise obligated to

pay such a fee in the following circumstances:

(1) Where a party has been granted leave by the Court to proceed in forma pauperis;

(2) Where the hearing officer or the Court finds that the party is financially unable

to pay;

(3) Where the party is a recipient of cash assistance from any state Department of

Human Services;

(4) Where any action requiring a fee is taken by the IV-D Attorney; or

(5) Where the Court otherwise directs.

RULE 1910.5. Complaint. Order of Court. Continuances

(a) Motions for continuances of proceedings before the hearing officer or a conference

officer will be presented by the moving party to the judge to whom the case is assigned in

motions court prior to the scheduled proceeding. The moving party shall file the order

granting or denying the continuance in the Domestic Relations Section.

(b) A motion for a continuance shall set forth the following information:

(1) A clear, concise and certain reason for the motion;

(2) A statement that opposing counsel or the opposing party, if unrepresented, has

no objection to the request for continuance, if applicable;

(3) A statement of the number of prior continuances, if any; and

(4) If another court appearance is the reason for the request, a copy of the notice or

order of the conflicting proceeding shall be attached.

opposing counsel or the opposing party, if unrepresented, and the date of service of the

motion upon the Domestic Relations Section.

RULE 1910.10.1. Hearing Procedure

(a) The alternative hearing procedure of Pa.R.C.P. 1910.12 is adopted in all actions for

support through the Domestic Relations Section.

(b) If the parties are unable to reach an agreement during the support conference the

procedures of Pa.R.C.P. 1910.12(b)(1) shall be followed and an interim order of support

entered pending hearing before the Hearing Officer.

RULE 1910.10.2. Alimony Pendente Lite

A claim for alimony pendente lite shall be raised by filing a complaint with the domestic

relations section pursuant to Pa.R.C.P. No. 1920.31(a)(2).

RULE 1910.12. Office Conference. Hearing. Record. Exceptions. Order.

(a) All exceptions must be filed with the Domestic Relations Sections Docket Clerk. Any

party filing exceptions shall provide an original and two (2) copies of the exceptions at the

time of filing. Further, the party filing exceptions shall provide to the Docket Clerk a receipt

indicating that the $50.00 deposit required by subsection (c) of this rule has been paid

(subject to the provisions of Rule L-1910.4(b)) unless an attorney filing the exceptions on

behalf of the party certifies in writing that no transcript is required.

(b) The party filing exceptions shall serve opposing counsel or the opposing party, if

unrepresented, with copies of the exceptions by the end of the next business day following

the filing of the exceptions.

testimony unless the attorney for the party filing exceptions certifies in writing that the

transcript is not required. Any party ordering the transcript shall pay a deposit of $50.00 to

the Court Administrator for the court reporter before the transcript is prepared. The deposit

shall be applied against the total cost of the transcript. The judge to whom the case is

assigned shall not be provided with a copy of the transcript unless the same has been

ordered and paid for in full by a party or counsel.

(d) Briefs in support and in opposition to the exceptions shall be filed with the Domestic

Relations Section no later than the dates directed in the order of court setting the argument

date on the exceptions. Each party filing a brief shall serve a copy of the brief on the

opposing party and counsel not later than the end of the next business day following the

filing of the brief with the Domestic Relations Section Docket Clerk. Every brief filed with

the Domestic Relations Section shall contain an original and one (1) copy.

(e) If the party filing for exceptions fails to file a brief in support of those exceptions by

the designated filing date, the responding party shall not be required to file a brief in

opposition to those exceptions, but may file a brief if desired. However, if the responding

party has filed exceptions in response to the other party's exceptions filing, the responding

party shall file a brief in support of those cross or counter exceptions by the date directed

in argument notice.

RULE 1910.17.2. Consent Support Orders

(a) All consent support orders should be prepared on current forms provided by the

Domestic Relations Section in conformance with the Pennsylvania Child Support System

(PACSES).

(b) The order must be clear and concise and shall adhere to both procedural and substantive

statutory and case law requirements.

order is being filed, the consent support order shall include along with filing the current

intake information sheet and a properly completed complaint for support.

RULE 1910.17.3. Marriage Settlement Agreements

In existing support cases where a marriage settlement agreement is signed following the

entry of the support order which modifies the terms of the current support obligation,

counsel for either party shall file the marriage settlement agreement and a copy of the

divorce decree with the Domestic Relations Section. Upon filing of this marriage

settlement agreement, a new order of support in conformance with the marriage settlement

agreement and divorce decree shall be drafted by the Domestic Relations Section and

forwarded to the Court for entry. If the marriage settlement agreement does not address

arrears or resolve the issue of medical coverage, including medical expense reimbursement,

for the involved dependents, the Domestic Relations Section will schedule a conference

with the parties.

RULE 1910.17.4. Stipulations Before the Divorce Master

In existing support cases where the parties enter into a stipulation before the Divorce

Master following the entry of the support order which modifies the terms of the current

support obligation, counsel for either party shall file the stipulation and a copy of the

divorce decree with the Domestic Relations Section. Upon filing of this stipulation, a new

order of support in conformance with that stipulation and divorce decree shall be drafted

by the Domestic Relations Section and forwarded to the Court for entry. If the stipulation

does not address arrears and medical coverage, including medical expense reimbursement,

for the involved dependents, the Domestic Relations Section will schedule a Conference

with the parties.

RULE 1910.19. Support. Modification. Termination. Guidelines as Substantial Change in

Circumstances.

(a) The petitioner shall file an original and three (3) copies of the petition with the Domestic

Relations Section Docket Clerk.

(b) The Domestic Relations Section shall not accept for filing a petition which seeks any

of the following without leave of court:

(1) To modify an order that is on appeal to the court pursuant to a recommended

order; or,

(2) To modify an order which has been entered within the past six (6) months.

the modification.

(d) A party whose petition has been refused may present to the judge to whom the case is

assigned a motion to permit the filing of the modification, on forms provided by the

Domestic Relations Section. Notice of presentment of the motion must be given to the

opposing party in accordance with the applicable local rules of civil procedure.

(e) If leave of court is granted to file the petition for modification, the date of the first

attempted filing shall be used as the filing date.

RULE 1910.25.2. Civil Contempt. Office Conference. Agreement. Alternative Procedures

Upon Failure to Agree.

The alternate hearing procedure of Pa.R.C.P. 1910.25-4 is adopted in all civil contempt

actions for support through the Domestic Relations Section.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY, AND VISITATION OF MINOR

CHILDREN

RULE 1915.1. Scope

(a) These rules shall apply to actions for custody and partial custody of minor children and

to modification of existing orders relating thereto as governed by the Pa.R.C.P. 1915.1 –

1915.25 and by reference, 1920.32.

(b) A copy of these rules shall be accessible by the public in the Washington County Law

Library and on the website of the Twenty-Seventh Judicial District at

www.washingtoncourts.us.

RULE 1915.3. Commencement of Action. Complaint. Order

(a) All actions raising custody, partial custody, or modification of an existing order for a

minor child shall be commenced by the filing of a verified complaint or, in the case of a

custody count in an action for divorce, a petition and a separate scheduling order as set

forth in subsection of this rule. The scheduling order shall be filed and processed in

accordance with this rule.

(b) The moving party shall proceed to the Office of the Court Administrator – Civil

Division with an original and two (2) copies of the complaint or petition and the separate

scheduling order for an assignment of a date and a time for the Initial Custody Meeting.

The Initial Custody Meeting shall be scheduled for a date and a time not later than forty-five (45) days after the filing of the complaint or petition. The Court Administrator shall

present the complaint or petition to the judge to whom the case is assigned for signature

and return the signed complaint or petition to the moving party, along with information

about the Parenting Program. The moving party shall immediately file the complaint or

petition with the Prothonotary, and provide a copy of the scheduling order to the Office of

the Court Administrator – Civil Division. A copy of the scheduling order will then be

delivered by the moving party to Office of the Court Administrator– Civil Division. The

moving party shall attach copies of each to the filed, time-stamped copies of the complaint

or petition and serve the defendant(s) with the complaint or petition, the Parenting Program

information and a copy of the Parent Plan form.

Washington County Prothonotary and provide a copy of the proof of service of the

complaint or petition, the Parenting Program information, and a copy of the Parent Plan

form to the Office of the Court Administrator – Civil Division prior to the Initial Custody

Meeting.

(d) The presentation of the pleadings referred to in subdivision (a) shall be the

responsibility of the moving party and if necessary, may be ex parte. The moving party

shall be responsible for filing and serving the pleadings in accordance with Pa.R.C.P.

1930.4. The moving party shall ensure that a minimum of seven (7) days’ notice of the

meeting or conference or any other appropriate proceeding is afforded to any interested

parties. In the event minimum notice cannot be afforded to any interested parties, the

moving party shall immediately notify the Office of the Court Administrator – Civil

Division.

(e) All appropriate costs and fees shall be paid at the time of filing.

(f) A duplicate copy of all other pleadings and documents shall be provided to the Office

of the Court Administrator – Civil Division.

(g) Custody Education Program. As a prerequisite to court involvement, following the

filing of a complaint or petition, all parties to the action are ordered to attend the mandatory

Parenting Program, which has been approved, sanctioned, and authorized by the Court,

prior to the Initial Custody Meeting. Failure of a party to attend the Parenting Program may

result in sanctions being imposed, including, but not limited to, being prohibited from

proffering evidence at the conference, or being held in contempt by the Court.

(h) Form copies of the complaint, petition, and separate scheduling order referenced in

subdivision (a) shall be accessible to the public in the Office of the Court Administrator –

Civil Division and on the website of the Twenty-seventh Judicial District at

www.washingtoncourts.us.

RULE 1915.4. Parenting Program

As a prerequisite to court involvement in a custody matter, all parties to the action are

ordered to attend the mandatory parenting program which has been approved, sanctioned,

and authorized by the Court and administered through the Washington County Bar

Association, prior to the Pre-Custody Conciliation Meeting. Failure of a party to attend the

parenting program will result in sanctions against the party up to and including being

prohibited from proffering evidence in the Meeting or Conference or being held in

contempt by the Court.

RULE 1915.4-3. Request for Trial De Novo and Pre-Trial Conference

(a) A party may file a Request for a Trial De Novo and Pretrial Conference with the

Prothonotary within twenty (20) days after the Recommended Order issued following the

custody conciliation conference is mailed or received by the parties, whichever occurs first.

The request must be presented to the judge to whom the case is assigned for the scheduling

of the pretrial conference. The form of the scheduling Order may be found at the website

of the Twenty-seventh Judicial District at www.washingtoncourts.us.

(b) A copy of the filed request with the scheduled pretrial conference date and time must

be served on the other counsel, or if the party is a pro se litigant, the request must be served

on the party. A copy must be delivered to the Office of the Court Administrator– Civil

Division.

days of the request. The pretrial conference shall be held during the period between the

request for trial de novo and the scheduled hearing. Any psychological reports should be

obtained during the same period and presented to the judge to whom the case is assigned,

along with the parties’ pretrial statements, at least five (5) days in advance of the pretrial

conference.

RULE 1915.4-4. Pre-Trial Conference Before the Court

(a) All parties shall be present at the judicial pretrial conference unless said required

attendance is waived by way of Court Order. Failure of a party to appear at the judicial

pretrial conference may result in the entry of a custody/visitation order by the Court. Any

child for whom custody is sought shall not attend unless ordered to do so.

(b) The Court will attempt to obtain a consent agreement on any pending custody issues.

Any agreement shall be reduced to writing and entered as an order of Court. Upon request,

the judge to whom the case is assigned will meet privately with the parties’ counsel in an

attempt to better define the issues and settle the custody dispute.

RULE 1915.5. Preliminary Objections. Discovery

(a) Objections to jurisdiction, venue, joinder of parties, and standing shall be filed and

presented to the judge to whom the case is assigned. The Court shall order a briefing

schedule and schedule argument on the objections.

(b) Discovery shall be permitted only by leave of court; however, nothing in these rules

shall prohibit an agreement among the parties for discovery not otherwise authorized by

these rules.

RULE 1915.6. Intervenor

If a person has standing to pursue custody under 23 Pa. Con. Stat. §§ 5324 or 5325, but is

not a party to an existing custody action, he or she may file a petition to intervene in

accordance with the procedure set forth in Wash.L.R.C.P. 1932.

RULE 1915.7. Custody Consent Agreement

(a) When parties have reached a consent agreement concerning custody of their minor

child(ren) and the appointment of a child custody conference officer is unnecessary, the

party (parties) may seek to have the consent agreement approved by the Court and may

submit a proposed order of court by using the following procedure:

(1) a complaint in custody in substantial compliance with Pa.R.C.P. 1915.15(a)

along with the proposed Custody Consent Agreement, signed by the parties and

counsel, if any, and captioned as “Complaint for Custody/Proposed Custody

Consent Agreement,” shall be filed with the Prothonotary after paying the

appropriate filing fees and costs;

(2) the complaint and the Custody Consent Agreement with proposed order

attached shall be presented to the judge to whom the case is assigned for approval;

(3) if approved by the Court, the Custody Consent Agreement with signed order of

court attached shall be filed with the Prothonotary; and

(4) if the agreement is not approved by the Court, the moving party shall pay any

additional filing fees within thirty (30) days and prepare a scheduling order for an

assignment of a date and a time for the Initial Custody Meeting in accordance with

Wash.L.R.C.P. 1915.3(b). The failure to comply with this rule shall result in

dismissal of the action without further notification to the parties.

(b) If the custody issue arises from a count in a divorce complaint or counterclaim, there is

no need to draft and file a custody complaint as outlined in subsection (a) above or

Wash.L.R.C.P. 1930.27(a). Rather, the parties should include the docket number for the

divorce case on the proposed Order attached to the Custody Consent Agreement before

presenting it to the judge to whom the case is assigned for review.

Custody Education Program set forth in Wash.L.R.C.P. 1915.3(g).

RULE 1915.8. Physical and Mental Examinations of Persons

All motions or petitions concerning the physical and/or mental examination of a person

shall be presented directly to the judge to whom the case is assigned in accordance with

Wash.L.R.C.P. 1932.

RULE 1915.11.1. Parenting Coordination

(a) Appointment of A Parenting Coordinator

(1) If the parties agree on a Parenting Coordinator or if the Court deems one

necessary, an order will be entered in accordance with Pa.R.Civ.P. 1915.22

(2) If the parties cannot agree on the selection of a Parenting Coordinator, the Court

shall require each party to identify his/her choice(s) along with the hourly rate of

each to all parties. If the parties cannot agree, the Court sill select a Parenting

Coordinator. The roster of the Court’s approved Parenting Coordinators and their

stated hourly rates shall be posted in the office of the Court Administrator – Civil

Division and on the website of the Twenty-Seventh Judicial District at

www.washingtoncourts.us.

(3) Any party seeking a reduced fee under section (d) below must seek leave to

proceed in forma pauperis in accordance with local Rule 240.

(b) Roster of Approved Parenting Coordinators. An attorney or mental health

professional seeking to be included on the roster of the Washington County Court’s roster

of qualified individuals to serve as a Parenting Coordinator shall submit a letter to the Court

Administrator – Civil Division together with the following:

(1) An affidavit attesting the applicant has the qualifications found in Pa.R.Civ.P.

1915.11;

(2) Pennsylvania Act 33 child abuse and Act 34 criminal history clearances, within

the past two (2) years;

(3) An acknowledgement that the applicant has read and will follow the Association

of Family and conciliation Courts (AFCC) Parenting Coordinator guidelines and

the American Psychological Association (APA) Parenting Coordinator Guidelines.

The former are posted at

https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.

pdf. The latter are found at https://www.apa.org/pubs/journals/features/parenting-

coordination.pdf; and

(4) An acknowledgement of responsibility to accept reduced fee assignments for

every three (3) full fee appointments taken. Appointments for reduced fee

assignments will be made on a rotating basis for all Parenting Coordinators on the

Court’s roster.

(1) In addition to providing the same to the parties and the assigned Judge, a

Parenting Coordinator shall file his or her Summary and Recommendations with

the Prothonotary within two (2) days after the last communication with the parties

on the issues in accordance with Pa.R.Civ.P. 1915.11-1(f)(2). A Proof of Service

shall also be filed. Copies of both documents shall also be provided to the Court

Administrator-Civil Division.

(2) Objections to Parenting Coordinator’s Recommendation(s) and Petition for a

Record Hearing.

(a) A party objecting to the Recommendations must file with the

Prothonotary an original and a copy of his or her Objections and a Petition

for a Record Hearing before the Court within five (5) days of service of the

Summary and Recommendations together with a Proof of Service upon all

parties and the Parenting Coordinator. Copies shall also be provided to the

assigned Judge and the Court Administrator-Civil Division.

(b) The assigned Judge shall schedule a record hearing as soon as practical

on the objections.

Recommendation may be entered as an interim order by the assigned Judge

pending final disposition.

(3) Court Review of Parenting Coordinator's Recommendations. If no objections

to the Parenting Coordinator's Recommendation are filed with the Prothonotary

within five (5) days of service of the Summary and Recommendation, the assigned

Judge will review the Recommendation in accordance with Pa.R.Civ.P. 1915.11-

1(f)(4).

(d) Fees. Parties who request the appointment of a Parenting Coordinator or who are

identified by the Court as benefitting from the appointment of a Parenting Coordinator shall

pay the Parenting Coordinator as follows:

(1) Up to $150.00 an hour.

(2) The assigned Judge shall initially allocate the fees between the parties, but they

may be reallocated as deemed appropriate by the Parenting Coordinator or the

Court at a later date. See Pa.R.Civ.P. 1915.22(8).

(3) If, after a review of the In Forma Pauperis (IFP) petition, the parties' combined

gross income and family size is at or below the Federal Poverty Guidelines, the

Parenting Coordinator's fee shall be pro bono. If, after a review of the In Forma

Pauperis (IFP) petition, the parties' combined gross income and family size is

between the Federal Poverty Guidelines and 150% of the Federal Poverty

Guidelines, the Parenting Coordinator's fee shall be 50% of his or her hourly rate.

All other litigants shall pay the full fee.

RULE 1915.12. Contempt

(a) All petitions for contempt for failure to comply with an order related to custody shall

be presented to the judge to whom the case is assigned. After consideration of the argument

of the parties and the certification, the Court shall determine whether the petition is to be

heard directly by the Court or by a child custody conference officer.

(b) If the Court chooses to hear the petition directly, a hearing on the matter shall be

scheduled.

petitioner shall present a copy of the executed order doing so to the Office of the Court

Administrator – Civil Division so that the matter may be scheduled.

(d) Absent the specific approval of the Court, all contempt hearings conducted by a child

custody conference officer shall be limited to one and one-half hours. During the course of

that hearing, the child custody conference officer shall attempt to conciliate the matter. If

the child custody conference officer is unable to resolve the matter, he or she shall direct

the parties to present evidence. The evidentiary portion of the proceeding shall be recorded.

(e) The child custody conference officer shall prepare a recommended order disposing of

the contempt petition as well as a narrative report specifying the reasons in support of the

recommendation. While only the former shall be filed with the Prothonotary, the latter shall

be available for review in the Office of the Court Administrator – Civil Division.

(f) In the event that either party disagrees with the recommended order, that party may file

exceptions with the Prothonotary within twenty (20) days after the recommended order is

filed. Each exception shall set forth a separate objection precisely and without elaboration.

Matters not covered by exceptions are deemed waived unless, prior to the entry of the final

order, leave is granted to file exceptions raising those matters. If exceptions are filed, any

other party may file exceptions within twenty (20) days of the date of service of the original

exceptions.

(g) If no exceptions are filed within the twenty-day period, the recommended order shall

become a final order of court.

(h) If exceptions are filed, the Court shall hear argument on them within forty-five (45)

days of the date the last party files exceptions, and enter an appropriate final order within

fifteen (15) days of argument.

RULE 1915.13. Special Relief

Motions for special relief should be for matters of an emergency nature and shall be

presented to the judge to whom the case is assigned. A complaint in custody must be filed

prior to presentation of the motion. Other matters of a non-emergent nature shall be

disposed of in accordance with Wash.L.R.C.P. 1932. A motion for special relief may be

denied without a hearing.

RULE. 1915.26. Child Custody Conference Officer

The position of child custody conference officer is hereby established. The child custody

conference officer shall be appointed by the Court and shall be a member in good standing

of the Pennsylvania Bar. The child custody conference officer may act as a hearing officer

when presiding over matters pursuant to Pa.R.C.P. 1915.4-2.

RULE 1915.27. Assignment of Petitions to Modify

A petition to modify a custody order will be assigned to the child custody conference

officer who handled the original custody complaint whenever possible.

RULE 1915.28. Continuances

(a) A motion for a continuance of a proceeding before the child custody conference officers

shall be presented to the judge to whom the case is assigned in Motions Court prior to the

scheduled proceeding. The order granting or denying the continuance shall be filed with

the Prothonotary, and copy contemporaneously provided to the Office of the Court

Administrator – Civil Division.

(b) A $50.00 fee will be charged for continuances except that a party who seeks and

receives a continuance on the day of a scheduled meeting or conference the party will be

charged a $100.00 fee. The continuance fee shall be paid by the moving party to the

Prothonotary at the time the order is filed.

(1) a clear, concise, and certain reason for the motion;

(2) whether the continuance is consented to by the opposing party;

(3) a statement of the number of prior continuances, if any; and

(4) if another court appearance is the reason for the request, a copy of the notice or

order of the conflicting hearing shall be attached.

(d) The Notice of Presentation shall comply with Wash.L.R.C.P. 208.2 and 208.3(a).

RULE L-1915.29 PRE-CUSTODY CONCILIATION MEETING PROCEDURE

(a) The parties shall make a good faith effort to resolve the custody and/or visitation issues

prior to the meeting. If resolution occurs prior to or at the time of the meeting, a proposed

order may be drafted in accordance with Pa.R.C.P. No. 1915.7 and submitted to the Court

for approval through the Child Custody Conference Officer, or the parties may follow L-

1915.30(b).

(b) The Civil Division of the Court Administrator’s Office will give counsel of record at

least ten (10) days notice before any proceeding is conducted.

represented by counsel at least ten (10) days notice before any proceeding is conducted.

RULE L-1915.30 PRE-CUSTODY CONCILIATION MEETING

(a) Each parent shall file a Washington County Parent Plan form with the Civil Division of

the Court Administrator’s Office no later than thirty (30) days from the filing of the

Custody Complaint or Modification Petition. The Parent Plan form may be found at

Appendix F. The finder of fact may draw a negative inference against the party who fails

to comply with this requirement.

(b) The parties may also at any time present a Consent Custody Order to the Family Court

Judge to whom the case is assigned. If a Pre-Custody Conciliation Meeting or Custody

Conciliation Conference has been previously scheduled at the time a party presents the

Consent Custody Order to the Family Court Judge, the party shall provide a copy of the

signed Consent Custody Order to the Civil Division of the Court Administrator’s Office to

ensure the Pre-Custody Conciliation Meeting or Custody Conciliation Conference is

cancelled.

Judge to whom the case is assigned, the Pre-Custody Conciliation Meeting shall proceed

as originally scheduled.

(1) All parties shall be present at the Pre-Custody Conciliation Meeting unless

otherwise ordered by the Court.

(2) The Child Custody Conference Officer will attempt to mediate the differences

between the parties using mediation skills to come to an amicable settlement of

those differences.

(3) The Child Custody Conference Officer will insure that the parties have

submitted the completed Parent Plan form. The finder of fact may draw a negative

inference against the party who fails to comply with this requirement. The Child

Custody Conference Officer shall also insure that the mandated parenting program

has been completed by the parties and certification presented.

(4) If the issue of custody cannot be resolved at the pre-custody conciliation

meeting or continued meeting, the Child Custody Conference Officer shall

schedule a custody conciliation conference if he/she determines that the issue

concerns primary physical custody.

(5) If the issue of custody cannot be resolved at the pre-custody conciliation

meeting or continued meeting, the Child Custody Conference Officer shall then

determine whether the issue to be addressed concerns less than primary physical

custody. If the issue is less than primary physical custody and both parties consent,

the Child Custody Conference Officer shall schedule a hearing. The hearing shall

be on the record pursuant to Pa.R.C.P. 1915.4-2(b).The Child Custody Conference

Officer/ Hearing Officer shall receive evidence and hear argument, as well as issue

a recommendation to the Court in accordance with PA. R.C.P 1915.4-2(b)(2) & (3).

If any party disagrees with the recommendation, exceptions shall be filed as

provided by Pa. R.C.P. 1915.4-2(b)(4).

RULE L-1915.31 CUSTODY CONCILIATION CONFERENCE

(a) All parties and any child for whom primary physical custody is sought shall be present

at the Custody Conciliation Conference, unless otherwise ordered by the Court. Failure of

a party to appear at the Custody Conciliation Conference may result in the entry of a

custody or visitation order by the Court on the recommendation of the Child Custody

Officer in the absence of that party. The absent party may also be subject to contempt

proceedings, if appropriate.

(b) The Child Custody Conference Officer will conduct informal proceedings and allow

the parties and their witnesses to participate. The Child Custody Conference Officer shall

control the presentation of evidence and will determine the amount of time allotted to each

party for presentation of his/her case. Counsel, or the party himself/herself if unrepresented,

may summarize his/her case to the Child Custody Conference Officer. The Child Custody

Conference Officer may take testimony from the parties and any witnesses by swearing in

said parties and having said parties offer testimony under oath. The proceeding will not be

transcribed. At the discretion of the Child Custody Conference Officer, a witness(es) may

be permitted to participate via telephone pursuant to Administrative Order 2004-1, In Re

Family Court, dated October 26, 2004, pertaining to telephone testimony and subject to

subsection below. The conference will last no longer than one-half (1/2) day unless the

Child Custody Conference Officer deems one or more issues complex in which event

additional proceedings may be scheduled. If an agreement is reached, the agreement shall

be prepared and signed in the form of a Custody Consent Order. If no agreement can be

reached, the Child Custody Conference Officer will prepare a Summary Report and

Recommended Order and forward same to the Court for the Court’s consideration.

(1) The Summary Report and Recommended Order will be prepared and presented

to the court within ten days of the date of the proceeding. The Summary Report will

include the following:

a. The results of mental and physical evaluations and home studies, if any.

b. Findings of fact on jurisdiction or venue issues, if in question.

c. Recommendations for custody/visitation.

the case is assigned.

(1) The Recommended Order will become a final order unless a Request for

Custody Trial De Novo and Pretrial Conference is filed within twenty (20) days

after the Recommended Order is mailed or received by the parties, whichever

occurs first. A copy of the order shall be provided to the parties by the Prothonotary

in accordance with Pa.R.C.P. 236 with a copy to the Civil Division of the Court

Administrator’s Office.

(2) If a party makes a timely request for a Trial De Novo and Pretrial Conference,

the Recommended Order will remain in effect pending further order of the Court.

(d) After the Family Court Judge to whom the case is assigned signs the Recommended

Order, the attorneys representing the parties, or the parties if acting pro se, may review the

Summary Report in the Court Administrator’s Office – Civil Division within the twenty

(20) day time period specified in paragraph (c)(1) above. The Summary Report will not be

filed in the Prothonotary’s Office. It will not be released from the Court Administrator’s

Office – Civil Division, nor may parties or attorneys make copies of the Summary Report.

(e) A party requesting to participate by telephone shall submit written consent from the

opposing party(parties) to the Civil Division of the Court Administrator’s Office. If

represented by counsel, counsel shall provide written consent to the Civil Division of the

Court Administrator’s Office at least ten (10) days prior to the conference. If no consent is

given by the opposing party to the requesting party (parties), relief must be obtained from

the Custody Conference Officer or Hearing Officer pursuant to Administrative Order 2004-

1, In Re Family Court, dated October 26, 2004, pertaining to telephone testimony. The

requesting party shall contact the Civil Division of the Court Administrator’s Office to seek

such relief.

RULE L-1915.32 INTERIM ORDERS

(a) At the time of the initial custody meeting where issues regarding the temporary rights

of the parties to custody or visitation of a non-emergency nature, as well as the

arrangements for psychiatric or psychological examinations, home evaluations, and/or

drug testing, are presented to the Child Custody Conference Officer, the Officer may

submit to the Family Court Judge to whom the case is assigned a proposed interim order

which will be reviewed by the Court and signed, if the Court deems the order appropriate.

A copy of this signed order will be provided to the parties by the Prothonotary in

accordance with Pa. R. Civ. P. 236 with a copy to the Civil Division of the Court

Administrator’s Office.

(b) Any person not satisfied with the interim order may pursue an application for special

relief in accordance with Local Rule 1915.13.

RULE 1915.33. Request for Trial De Novo and Pre-trial Conference

(a) A party may file a Request for a Trial De Novo and Pretrial Conference with the

Prothonotary’s Office within twenty (20) days after the Recommended Order issued

following the Custody Conciliation Conference is mailed or received by the parties,

whichever occurs first. The request must be presented to the judge to whom the case is

assigned for the scheduling of the Pretrial Conference. The form of the scheduling Order

may be found at the website of the Twenty-Seventh Judicial District at

www.washingtoncourts.us and in Appendix G/Custody.

(b) A copy of the filed request with the scheduled pretrial conference date and time must

be served on the other counsel, or if the party is a pro se litigant, the request must be served

on the party. A copy must be delivered to the Office of the Court Administrator – Civil

Division.

days of the request. The Pretrial Conference shall be held during the period between the

request for Custody Trial De Novo and the scheduled hearing. Any psychological reports

ordered should be obtained during the same period and presented to the Family Court Judge

to whom the case is assigned, along with the parties’ Pretrial statements, at least forty-eight

(48) hours in advance of the Pretrial Conference.

RULE 1915.34. Pre-trial Child Conference Before the Court

(a) All parties and any child for whom custody or visitation is sought shall be present at

the judicial pretrial custody conference unless said required attendance is waived by way

of Court Order. Failure of a party to appear at the judicial pretrial custody conference may

result in the entry of a custody/visitation order by the court.

(b) The court will attempt to obtain a consent agreement on any pending custody issues.

Any agreement shall be reduced to writing and entered as an order of court. Upon request,

the Family Court Judge to whom the case is assigned will meet privately with the parties'

counsel in an attempt to better define the issues and settle the custody dispute.

RULE 1915.35. Uncontested Motions Verification Form

In an effort to comply with the local rules, any party may utilize the Family Court Judge’s

Uncontested Motions Verification Form, which shall be in the format contained in

Appendix H/Custody.

RULE 1915.36. Consent Agreements

(a) When parties have reached a consent agreement concerning custody of their minor

child(ren) and the appointment of a Child Custody Conference Officer is unnecessary, the

party(parties) may seek to have the consent agreement approved by the Court and may

submit a Court Order by using the following procedure:

(1) A Custody Complaint is substantial compliance with Pa.R.C.P. 1915.15(a) shall

be prepared for filing with the Prothonotary’s Office,

(2) The parties shall prepare and sign a Custody Consent Agreement with the

appropriate order attached,

(3) The Custody Complaint and the Custody Consent Agreement with proposed

Order attached shall be presented to the Family Court Judge to whom the case is

assigned in Motions Court for Court Approval,

(4) The Custody Complaint and the Custody Consent Agreement with signed Order

attached shall be filed with the Prothonotary's Office after paying the appropriate

filing fees and costs, and

(5) A conformed, stamped copy of the filed Custody Complaint and the Custody

Consent Agreement with Order attached shall be provided to the Family Court

Judge to whom the case is assigned for purposes of the Judge's record keeping.

(b) If the custody issue arises from a count in a divorce complaint or counterclaim, there is

no need to draft and file a custody complaint as outlined in (a) above or L-1930.27(a).

Rather, the party(parties) should include the divorce case number on the proposed Order

attached to the Custody Consent Agreement before presenting it to the Family Court Judge

to whom the case is assigned.

Parenting Program set forth in L-1915.4.

RULE 1915.37. Limited Representation in Custody

(a) Any individual who is referred under the Washington County Bar Association Limited

Representation Custody Program to Southwestern Pennsylvania Legal Services or another

participating member of the Washington County Bar Association for representation as a

litigant in a custody action, shall be granted leave to proceed in forma pauperis. Counsel

representing these individuals shall present to the Prothonotary a Praecipe to Proceed in

Forma Pauperis which shall be endorsed by counsel and which shall have attached to it a

Certificate of Eligibility. The Praecipe shall be in the format set forth on the website of the

Twenty-seventh Judicial District at www.washingtoncourts.us.

(b) An attorney who provides representation to the litigant under the Washington County

Bar Association Limited Representation Custody Program shall be permitted to enter a

Limited Appearance. The Limited Appearance shall be set forth on the website of the

Twenty-seventh Judicial District at www.washingtoncourts.us.

attorney shall file a Praecipe for Withdrawal of Limited Appearance. This praecipe shall

be filed without leave of court. The litigant shall be given notice of the filing of the Praecipe

for Withdrawal of Limited Appearance five (5) days before the filing of the praecipe with

the Prothonotary. The praecipe may contain information about another attorney who may

be entering his/her appearance. The praecipe shall direct the Prothonotary to send all future

notices directly to the client and shall set forth the client’s last known address unless there

is a substitute attorney. The Withdrawal of Appearance shall be in the attached format set

forth on website of the Twenty-seventh Judicial District at www.washingtoncourts.us.

ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE

ACTIONS FOR DIVORCE OR ANNULMENT

RULE 1920.3. Commencement of Action

(a) A duplicate copy of the complaint shall be filed with the Prothonotary who shall forward

it to the Office of the Court Administrator – Civil Division. Upon receipt of the complaint,

the Court Administrator shall assign the case to a judge pursuant to Wash.L.R.C.P. 200.1.

(b) A duplicate copy of other pleadings and other substantive documents shall be filed with

the Prothonotary who shall forward it to the Office of the Court Administrator – Civil

Division, specifically including petitions and orders to bifurcate proceedings.

charge as set forth in the Custody/Divorce Fee Schedule, which is accessible to the public

in the Prothonotary and on the website of the Twenty-seventh Judicial District at

www.washingtoncourts.us. Each item of relief requested in the original complaint or any

future amended complaints shall be designated in a separate numbered count. The

Prothonotary shall in the monthly report indicate the amount collected pursuant to this rule.

(d) When a request for appointment of a master in divorce or child custody conference

officer is made, the request must be accompanied with proof of payment of the non-refundable master fee as set forth in the applicable fee schedule.

RULE 1920.32. Joinder of Related Claims. Custody. Hearing by Court.

(a) All complaints containing a custody count and all counts of custody filed separately

must be accompanied with a proposed scheduling order if the moving party is seeking to

have the custody count immediately addressed by the Court. The order shall be processed

in accordance with Wash.L.R.C.P. 1915.3. If the moving party does not seek to have the

custody count immediately addressed by the Court, the party may subsequently seek Court

action on the custody count by presenting a scheduling order to the Office of the Court

Administrator – Civil Division.

(1) The proposed scheduling order shall be in substantially similar form to that

found on the Court’s website at www.washingtoncourts.us, or in the Washington

County Law Library.

(b) The custody count shall follow the practice and procedures governing custody by filing

a custody complaint or petition and scheduling order at the divorce case number with the

Prothonotary.

RULE 1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.

(a) If a party fails to comply with the requirements of Pa.R.C.P. 1920.33 in a proceeding

before a master in a divorce case, the master shall, except upon good cause shown, bar the

offending party from offering any testimony or introducing any evidence in support of or

in opposition to claims for the matters not covered therein.

(b) During a proceeding before a master in a divorce case, a party shall, except upon good

cause shown, be barred from offering any testimony or introducing any evidence that is

inconsistent with or which goes beyond the fair scope of the information set forth in the

pre-trial statement.

RULE 1920.42. Affidavit and Decree under §3301(c) or §3301(d) of the Divorce Code.

Notice of Intention to Request Entry of Divorce Decree in §3301(c) and §3301(d) Divorces.

Counter-Affidavit.

(a) Where both parties have filed affidavits under §3301(c) of the Divorce Code evidencing

consent to the entry of a final decree, the plaintiff shall file with the Prothonotary a Praecipe

to Transmit Record indicating whether a marital settlement agreement should be

incorporated or merged into the decree.

(b) If a complaint has been filed requesting a divorce on the grounds of irretrievable

breakdown and the party has filed an affidavit under §3301(d) of the Divorce Code, the

averments of which the parties have either admitted or not denied, the parties shall file with

the Prothonotary a Praecipe to Transmit Record indicating whether a marital settlement

agreement should be incorporated or merged into the decree.

Note: See requirements of Wash.L.R.C.P. 1920.73.

RULE 1920.43. Special Relief

Requests for injunctive relief shall be presented to the judge to whom the case is assigned

and not to the master in divorce. All motions must be presented to the judge to whom the

case is assigned including motions to continue master’s hearings.

RULE 1920.45. Counseling

(a) The Office of the Court Administrator – Civil Division will maintain a list of counselors

approved for use by the Court. The parties may agree to use the services of a counselor or

agency not on the list approved by the Court.

(b) In the event the parties cannot agree on any or all of the following issues, the moving

party shall petition the Court to determine:

(1) Which party shall pay for counseling or how the payments for counseling shall

be apportioned;

(2) The counselor or agency to be utilized; and

(3) The number of counseling sessions pursuant to §3302 of the Divorce Code.

RULE 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.

(a) Any divorce case may be referred to a master appointed by the Court. The order

appointing the master shall specify the matters which are referred to the master.

(b) If a party brings a motion to appoint a master, the motion and proposed order shall be

in substantially the same form as that found on the Court’s website at

www.washingtoncourts.us, or in the Washington County Law Library. Proof of payment

of the master fee shall accompany the motion and proposed order, unless the fee is waived

by the Court.

(i) The motion and proposed order shall be delivered to the Office of the Court

Administrator – Civil Division. The Court shall act upon the motion, and, if granted,

the Court Administrator shall assign the master. The Office of the Court

Administrator – Civil Division shall then contact the moving party to pick up the

motion and order and file same with the Prothonotary.

(ii) The parties may jointly seek the appointment of a special master in appropriate

cases by filing and presentation of a motion. The motion shall specify the payment

terms of the special master, including the apportionment of the payment and the

terms and conditions of the payment. The motion shall also address the provisions

made by the parties for stenographic services and shall set forth the apportionment

and terms and conditions of the payment for these services. The special master shall

comply with the Pennsylvania Rules of Civil Procedure and the Local Rules of

Civil Procedure. The moving party shall provide a copy of the motion and order to

the Office of the Court Administrator – Civil Division.

counsel at least ten (10) days’ notice before conducting any conference or hearing.

(d) At least ten (10) days prior to the first conference, both parties shall file a summary of

assets and liabilities, a designation of the parties’ incomes and support obligations and a

proposal for a resolution of all issues.

(e) The statutory grounds for the divorce shall be specifically set forth in the motion for

appointment and shall be consistent with the pleadings in the action.

(f) When the grounds for the divorce are based on Section 3301(c) of the Divorce Code,

the movant shall have filed an Affidavit of Consent prior to or at the time of the presentation

of the motion.

(1) When the grounds for the divorce are based on Section 3301(d) of the Divorce

Code, at least one of the parties shall have filed a 3301(d) affidavit and shall have

filed proof of service of a section 3301(d) counter affidavit upon the other party.

(2) Prior to the filing of a motion to appoint a master, the moving party shall file

his or her inventory pursuant to Pa.R.C.P. 1920.33(a) & 1920.75.

(g) A copy of any order granting a continuance of a proceeding before a master must be

provided by the moving party to the Office of the Court Administrator – Civil Division.

(1) A $50.00 fee shall be charged for continuances; provided, however, that the fee

shall be $100.00 for a party who seeks and receives a continuance on the day of the

proceeding before a master. The continuance fee shall be paid by the moving party

to the Prothonotary upon the filing of the motion and order.

(2) A motion for continuance shall be set forth in writing and contain the following

information:

(i) A clear, concise, and certain reason for the request;

(ii) A statement that opposing counsel or the opposing party, if

unrepresented, has no objection to the request for continuance, if applicable;

(iii) A statement of the number of prior continuances, if any; and

(iv) If another court appearance is the reason for the request, a copy of the

notice or Order of the conflicting hearing shall be attached.

RULE 1920.53. Hearing by Master. Report.

Subject to the direction of the Court, the master shall have procedural and administrative

control of the proceedings in regard to the detention of witnesses for examination and the

general course of the proceedings. The master shall rule on objections to the competency

or relevance of testimony, as well as the admissibility of evidence. If the master sustains

the objection, the testimony shall not be heard or reported. Parties may file exceptions to

the rulings of a master in accordance with Wash.L.R.C.P. 1920.55.

RULE 1920.54. Hearing by Master. Report. Related claims.

(a) The master shall subdivide the report into separate sections, one for each claim for relief

raised in the proceedings.

(b) The master may afford the parties the opportunity to submit suggested findings of fact

and/or conclusions of law within 30 days of the close of testimony.

with the Prothonotary who shall mail notice of the filing and a copy of the report and

recommendations to counsel of record or to a party, if unrepresented.

(d) The master may file a preliminary report and recommendations concerning matters such

as the basis for the divorce or the payment of counsel fees and expenses.

RULE 1920.55.2. Report of the Master. Notice. Exceptions. Final Decree.

(a) Exceptions to the report and recommendations of the master shall be filed with the

Prothonotary and a copy shall be delivered to the Office of the Court Administrator – Civil

Division. They shall then schedule argument on the exceptions or order that the matter will

be decided on the briefs. The Prothonotary shall mail notices of the date and time of the

argument on the exceptions, if one is scheduled, by first class mail to the counsel for the

parties or to the parties if unrepresented.

(b) Exceptions may be filed to a preliminary master’s report and recommendations only if

the preliminary report and recommendations addresses the underlying basis for the divorce

and must be limited to that issue only. In such a case, exceptions must be filed within

twenty (20) days after the preliminary report and recommendations are mailed or received

by the parties, whichever occurs first. No exceptions may be taken to any other issues

included in the preliminary master’s report and recommendations. Such issues will be

included in the final master’s report and recommendations, and parties may take exceptions

thereto at that time.The master shall file the original and two copies of the report and

recommendations with the Prothonotary who shall mail notice of the filing and a copy of

the report and recommendations to counsel of record or to a party, if unrepresented.

(20) days of the date of service of the original exceptions.

(d) The excepting party must file its brief with the judge to whom the case is assigned no

later than twenty (20) days before the scheduled argument, and the non-excepting party

must file its brief no later than ten (10) days before the scheduled argument. If both parties

file exceptions, the first party to file the exceptions must file its brief no later than twenty

(20) days before the scheduled argument, and the opposing party must file its brief no later

than ten (10) days before the scheduled argument. The Court may order submission on the

briefs or the parties may agree to submit to the Court on the briefs without argument.

(e) Oral arguments shall be restricted to issues addressed in the exceptions.

(f) The Judge may remand the case to the master for further review, hear argument, conduct

an evidentiary hearing, or grant any other appropriate relief.

RULE 1920.62. Proceedings by Indigent Parties

The procedures set forth in Wash.L.R.C.P. 240 are incorporated herein, and shall govern

proceedings by indigent parties in divorce and annulment; provided, however, that the

petition shall include a request that the Court require the other party to bear the costs of the

action. In acting upon the petition, the Court may order the other party to pay all or part of

such costs, or any other appropriate relief.

RULE 1920.73. Notice of Intention to Request Entry of Divorce Decree. Praecipe to

Transmit Record. Forms.

When the grounds for divorce are based on §3301(c) or §3301(d) of the Divorce Code, the

Praecipe to Transmit Record shall include the following:

Check applicable box:

(a) Section 3301(c) with incorporation of property/marital settlement

Yes ( ) No ( )

(b) Section 3301(d) with incorporation of property/marital settlement

Yes ( ) No ( )

RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

RULE 1930.4-1. Service of Original Process in Domestic Relations Matters

(a) The affidavit of service must set forth with particularity the pleadings, attachments and

documents so served. In all domestic relations actions, including protection from abuse

matters, the plaintiff shall serve the following notice to the defendant simultaneously with

original process:

You are being served with original process in a domestic relations matter, and a proceeding

has been, or may be scheduled, which could affect your rights. In the event a proceeding

has been scheduled, you will be served with notice of the proceeding. If you are

incarcerated and want to testify or present evidence, you must apply to the Court for a writ

of habeas corpus ad testificandum to enable you to participate in the proceeding. The writ

is available where an incarcerated individual wishes to testify as provided by statute or

rule, as well as where the testimony is sought by another.

IF YOU FAIL TO APPLY TO THE COURT FOR A WRIT, YOU MAY BE UNABLE

TO PARTICIPATE IN ANY PROCEEDINGS WHILE INCARCERATED.

(b) Proof of service shall be made that the notice in subsection (a) has been served in the

manner set forth in Pa.R.C.P. 1930.4(h).

form of a complaint in an action for custody, partial custody, or visitation, complaint in

divorce, or petition for protection from abuse.

(d) When service is made by registered or certified mail, restricted delivery, return receipt

requested, the return receipt card shall be attached to the affidavit of service.

(e) When a special order for service is sought, a motion, or petition, shall be presented to

the Court, setting forth what attempts have been made to serve the defendant, as well as

the nature and extent of the good faith search to locate the defendant.

(f) The affidavit of service required under section 3301(d) of the Divorce Code may be

served with the complaint.

RULE 1930.8. Self-Represented Party. Entry of Appearance

All appearances in domestic relations matters shall be entered in accordance with

Wash.L.R.C.P. 1012 or Pa.R.C.P. 1930.8, if applicable.

RULE 1932. Motions

Motions practice in all domestic relations matters shall comport with Wash.L.R.C.P. 208.2

and 208.3 unless stated otherwise within this chapter.

RULE 1933. Sanctions

The master in a divorce case, the hearing officer in an action for support, or a child custody

conference officer in a child custody case may invoke appropriate sanctions for failure to

comply with the Pennsylvania Rules of Civil Procedure or the Local Rules of Civil

Procedure or for conduct which is vexatious or which unreasonably serves to delay

proceedings or make them more complicated. Appropriate sanctions include, but are not

limited to, one or more of the following: a negative inference may be drawn against the

party; the meeting, conference, or hearing may be rescheduled with the assessment of a

continuance fee; the party who fails to comply with the rules may be barred from offering

any testimony or introducing any evidence on the issue at bar; or other sanctions reasonably

designed to ensure compliance with these rules and respect for the proceedings may be

imposed.

MINORS AS PARTIES

RULE 2039. Petition for Approval of a Settlement Where a Minor Has an Interest

(a) A petition for settlement of a case in which a minor has an interest shall initially be filed

with the Prothonotary, except in cases where the Orphan’s Court has jurisdiction.

(1) When a settlement has been reached in a case where a minor has an interest as

the result of a pre-trial or settlement conference, the assigned judge shall retain

jurisdiction for judicial determination of the petition in accordance with subsection

(b).

(2) In cases where the matter has not been assigned to a judge, such petition shall

be presented to the judge assigned to Motions Court.

(b) The petition for settlement shall contain the following:

(1) the factual circumstances of the case;

(2) the reasons why the settlement is a proper one; and

(3) be accompanied by the following:

(i) a proposed order of distribution;

(ii) a written report of a physician;

(iii) a statement under oath by the guardian certifying (1) the present

physical or mental condition of the minor, and (2) approval of the proposed

settlement and distribution of proceeds;

(iv) a statement of the professional opinion of counsel as to the

reasonableness of the proposed settlement and the basis for such opinion;

(v) in the event that the minor is sixteen years of age or over, his or her

written approval of the proposed settlement and distribution thereof; and

(vi) a copy of the written fee agreement.

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 Pennsylvania Rules of

Professional Conduct.

(d) The Court may require the personal appearance of the minor and his or her guardian,

any physician treating the minor, or any other relevant person, as well as the production of

any evidence deemed necessary for approval of the petition for settlement.

INCAPACITATED PERSONS

RULE 2064. Compromise, Settlement, Discontinuance, or Distribution. Incapacitated

Person

The procedure upon presentation of a petition under Pa.R.C.P. 2064 shall be the same as

prescribed by Wash.L.R.C.P. 2039.

ACTIONS FOR WRONGFUL DEATH

RULE 2205. Proof of Service. Wrongful Death

In an action for wrongful death, the plaintiff shall file proof of service of the notice required

by Pa.R.C.P. 2205.

ENFORCEMENT OF JUDGMENTS

RULE 3110. Execution against Contents of a Safe Deposit Box

Publication in a matter involving execution against the contents of a safe deposit box shall

be made in accordance with Pa.R.C.P. 430(b) and Wash.L.R.C.P. 430.

RULE 3128. Notice of Sale. Personal Property

In addition to the notice requirements of Pa.R.C.P. 3128(a), notice of sale of personal

property shall be given by the Sheriff of Washington County sending a copy of the handbill

to the defendant by regular mail addressed to the last known address at least six days prior

to sale.

RULE 3129.2. Notice of Sale. Real Property

(a) The Plaintiff causing the issuance of the writ of execution for the sale of real property

shall furnish to the sheriff:

(1) a complete description of the property to be sold and the improvements, if any,

with a brief recital of title, shall be included, in full, in the deed executed pursuant

to a sale; and

(2) a brief description of the property to be sold, its location, the improvements, if

any, and the name of the owner or reputed owners, with or without a brief recital

of title, which shall be the description used in the notice of sale provided for in

subdivisions (a) and (b) of Pa.R.C.P. 3129.1 and 3129.2. A metes and bounds

description shall not be required, as long as the description sets forth the location

of the property by street address and by reference to the tax parcel identification

number.

(b) The notice of sale provided in Subdivisions (a) and (b) of Pa.R.C.P. 3129.1 and 3129.2

shall also include a notice of the terms and conditions of sale.

meeting room of Washington County on the first Friday of each month except August;

provided, however, that if the first Friday is a holiday, the sale shall be held the following

Monday.

RULE 3136. Distribution of Proceeds

(a) The sheriff shall, by regular mail addressed to their last known addresses, promptly

send to all parties in interest a copy of the schedule of distribution stating the date on which

it was filed.

(b) Any party filing exceptions shall mail copies of their exceptions to all parties in interest

and serve an original and a copy of said exceptions on the sheriff.

RULE 3252. Praecipe for Writ. Money Judgment

The office(s) to be named in the notice shall be designated by the Court under

Wash.L.R.C.P. 1018.1.

RULE 3256. Praecipe for Writ. Mortgage Foreclosure

The praecipe for the writ of execution in an action of mortgage foreclosure shall have

attached to it a description of the subject property.

DEPOSITIONS AND DISCOVERY

RULE 4007.1. Deposition by Oral Examination. Notice. Place of Depositions

(a) Notice. As a general rule, fourteen (14) days in advance of the contemplated taking of

a deposition shall constitute reasonable notice of the taking of a deposition of a party, but

this will vary according to the complexity of the contemplated testimony and the urgency

of taking the deposition of a party at a particular time and place.

(1) An application by a party to shorten the time limit for notice or to seek a

protective order for a properly advanced notice must be made by motion before the

Court.

(b) Place of Depositions. Unless otherwise agreed to by the parties or ordered by the Court,

all depositions in a civil action filed in the Court of Common Pleas of Washington County,

shall be held in Washington County.

the pre-trial conference or if same are not then available before the day of trial, review such

depositions and (1) extract therefrom a short statement of the qualifications of any expert

witness to read to the jury, (2) eliminate unnecessary and/or irrelevant matters, and (3)

eliminate all objections and statements of counsel to avoid reading same to a jury. In the

event counsel, or a party if unrepresented, are unable to agree on what shall be eliminated,

they shall submit to the Court for a ruling thereon before the date of trial. Failure to do so

will constitute a waiver of objections.

(d) In all non-jury trials, counsel, or a party if unrepresented, shall attach to any deposition

a summary of the examination of the testimony of each witness, thereby pointing out the

salient points to be noted by the Court.

(e) Conduct of Depositions. This rule shall govern certain conduct in depositions taken in

a civil action filed in the judicial district. Prior to the commencement of any deposition,

this rule shall be provided to every witness so that he or she understands the parameters of

permissible testimony and may have the opportunity to question his or her counsel

regarding same.

(1) At the commencement of the deposition, the witness shall be instructed to ask

deposing counsel, rather than counsel for the witness, for clarifications, definitions,

or the explanations of any words, questions, or documents presented during the

course of the deposition.

(2) All objections, except those that would be waived at trial if not made, those

necessary to assert a privilege, or to present a motion pursuant to Pa.R.C.P. 4011,

shall not be waived. Counsel, or a party if unrepresented, may assert non-waivable

objections before the Court in the form of an appropriate motion prior to trial.

(3) An objection shall be stated concisely in a non-argumentative and non-

suggestive manner.

(4) Counsel shall not direct or request that a witness not answer a question, unless

that counsel has objected to the question on the ground that the answer is protected

by a privilege or a limitation on evidence as already set forth by statute, rule of

court, or order of court.

(5) Counsel and the deponent shall not engage in private, off-the-record

conferences, except for the purpose of deciding whether to assert a privilege. Any

conference shall be a proper subject for inquiry by deposing counsel to ascertain

the subject of the conference and if the witness has been coached.

(i) (Counsel for the deponent shall note the occurrence and duration of any

conference on the record, and must describe the purpose and outcome of the

conference.

(f) Any party, or counsel for a party, who fails to adhere to this rule may on motion of a

party, or the Court sua sponte, be subject to sanctions as set forth in Pa.R.C.P. 4019,

including, but not limited to, an award of reasonable costs, expenses, and attorney fees.

RULE 4017(d). Objections at Video Depositions

(a) Upon completion of the stenographic transcription of any deposition, the stenographer

before whom the deposition has been taken shall file with the Prothonotary a Certificate of

Deposition. The Certificate of Deposition shall contain the following information and shall

substantially conform to the form shown in Appendix K.

(1) The name(s) of the person(s) deposed; and

(2) That the witness was duly sworn; and

(3) The total number of pages in each deposition; and

(4) The date, time and place deposition was taken; and

(5) the counsel present at deposition;

(6) The name of counsel who has received the original transcription and copies

thereof.

(b) The Prothonotary shall promptly file the Certificate and record its filing on the docket.

attorney who has received the original transcription until the case is terminated or the

deposition has been filed pursuant to paragraph 4 herein.

(d) The attorney having custody of the original deposition shall forthwith file the entire

original deposition transcription with the Prothonotary whenever so directed by the Court.

RULE 4017.1. Objections at Video Depositions

The following shall govern the procedure for making objections during video depositions.

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

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

on the written transcript but off-camera.

(b) Once the video is stopped, counsel should first summarize the reasons for the objection

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

camera or may merely state the summary grounds for the objection. Arguments should be

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

reason for the objection, and brief rebuttal.

will resolve whatever objections can be resolved. Counsel should present to the judge a list

setting forth by page and line numbers the objections that need rulings.

(d) Prior to the playing of the video, the Court shall advise the jurors of the procedure

dealing with objections and instruct them to disregard the word "objection" when it is

made. The video may then be played without interruption, except for segments stricken by

the judge.

RULE 4019. Sanctions. Requirement to Confer

Any motion for sanctions shall be governed by Wash.L.R.C.P. 208.2(e) and 208.3(a), and

the motion shall contain a certification that counsel has conferred or attempted to confer

with all interested parties in order to resolve the matter or narrow the issues to be reviewed

by the Court.

ASSESSMENT APPEALS

Rule L – 5000. Definitions

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

by the Washington County Board of Assessment Appeals. These rules shall apply to all

appeals taken following their effective date, and may be applied as appropriate to any

pending appeals ninety (90) days after the effective date.

Definitions:

Appeal – An appeal from the Washington County Board of Assessment Appeals as defined

in the Consolidated County Assessment Law, 53 Pa. Con. Stat. § 8854.

Board – The Washington County Board of Assessment Appeals.

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

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

Date of Notification – The date of the Board’s decision.

Party – Appellant, the Board, and any other person or entity entitled to notice of the appeal.

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

records.

Taxing Authority – Any county, city, borough, town, township, school district, or other

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

estate in question.

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

supported by oath or affirmation or made subject to the penalties of 18 Pa. Con. Stat. §

4904 relating to unsworn falsification to authorities.

Rule L – 5000.1. Real Estate Tax Assessment Appeal

(1) Real Estate Tax Assessment Appeal from a decision of the Board as to the amount of

the assessment for real estate tax purposes, or as to exemption of real estate from payment

of real estate taxes, shall be captioned “Petition for Real Estate Tax Assessment Appeal”

or “Petition for Real Estate Tax Exemption Appeal” and filed with the Prothonotary within

the time prescribed by statute. A copy of the appeal shall be provided to the Court

Administrator.

(2) The appeal shall contain the following:

(a) Caption designating the named party taking the appeal as Appellant, the Board

as Appellee, and if Appellant is a taxing authority it shall join the owner of the real

estate involved as a matter of course as a party in the assessment appeal by

designating such named owner in the caption as an Appellee. All taxing authorities

shall be named as parties in the appeal. The tax parcel identification number for the

real estate in question shall appear in the caption.

(b) Identification of the subject real estate, including the street address and tax

parcel identification number, and a designation of the municipality and school

district wherein the real estate is located. A copy of the property card from the tax

records shall be attached as an exhibit to the petition.

(d) Nature of and reasons for the appeal.

(e) Reference to the decision of Washington County Board of Assessment Appeals

(Board) from which the appeal is taken. The date of notification shall be provided.

A copy of the Board's notice of decision shall be attached as an exhibit to the

petition.

(f) Reason(s) for the appeal. The petition shall identify whether the challenge is

based on fair market value, base year value, or a constitutional challenge based on

uniformity.

(g) A verification in accordance with Pa. R. Civ. P. 206.3, if the petition contains

an allegation of fact which does not appear of record.

(3) Within ten (10) days after filing the appeal, appellant shall serve a copy of the appeal

on the Board, on all affected taxing authorities at their business addresses, and any other

party, in the manner prescribed by Pa. R. Civ. P. 440. The property owner shall be served

notice at the registered address designated on the tax records of Washington County.

(4) Within twenty (20) days of service of the appeal, the appellant shall file a verified proof

of service of the petition.

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

responsive pleading to the petition.

(6) All appeals shall be subject to Pa. R. Civ. P. 1012, 1023.1, and 1025.

(7) Cross-appeals shall not be permitted, and, if a cross-appeal is filed, the Court shall

dismiss the cross-appeal, and proceed at the earlier filed appeal.

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

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

appeals, unless specifically adopted by local rule or order of court. In re Mackey, 687 A.2d 1186

(Pa. Commw. Ct. 1997).

RULE L – 5000.2. Intervention

(a) Any taxing authority not named as a party may intervene as a matter of course during

pendency of the appeal by filing a Notice of Intervention with the Prothonotary.

(b) Notice of Intervention shall contain the name of the intervening party as an additional

party designated as “Intervenor” in the caption, and shall set forth that such identified party

is intervening. The notice shall provide an address for the intervenor, unless simultaneously

filed with an entry of appearance for counsel.

Pa. R. Civ. P. § 440.

(d) Within ten (10) days of filing of Notice of Intervention, the intervenor shall file a

verified proof of service.

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

Intervention.

RULE L – 5000.3. Discovery

(a) Except as otherwise proved by this Rule, discovery shall be by leave of court only for

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

regarding discovery not otherwise authorized by these rules.

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

Tax Assessment Appeal Discovery Requests, (FORM 5000.3) on the taxpayer. The

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

Local Rule 5000.5.

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

case.

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

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

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

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

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

objections to the assigned judge.

Note: In the absence of a statewide rule, local rule, or order of court, it is within the sound

discretion of the trial court whether to permit or refuse discovery in tax assessment appeals.

Tanglwood Lakes Community Association v. Pike County Board of Assessment, 642 A.2d 581

(Pa. Commw. Ct. 1994).

RULE L – 5000.4. Consolidation

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

tax assessment appeals involving properties that are similarly situated. The properties must

be located within the same municipality and school district.

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

213.

(2) If the Court grants a motion to consolidate real estate tax assessment appeals, it

shall enter a case management order setting forth all pretrial deadlines.

RULE L – 5000.5. Pretrial Procedure

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

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

Court:

(1) Within ninety (90) days of the filing of the appeal, the parties shall exchange

appraisal reports. If a party fails to provide an appraisal within the time period

provided by this rule, by leave of court, or within such time as agreed to by the

parties and approved by the Court, then, upon motion, the Court may preclude that

party from presenting any evidence of valuation at trial.

(2) The Court Administrator shall schedule a conciliation conference within one

hundred and twenty (120) days of the filing of the appeal. At the time of

conciliation, all counsel and the parties, or a designated representative, shall be

present. The property owner, or their designated representative, shall have full

authority to settle. The conciliation conference may be the same day as the hearing

before the master.

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

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

Court:

(1) Discovery requests shall be propounded within forty-five (45) days of the filing

of the appeal.

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

of the requests.

(3) Within one hundred and fifty (150) days of the filing of the appeal, the parties

shall exchange appraisal reports. If a party fails to provide an appraisal within the

time period provided by this rule, by leave of court, or within such time as agreed

to by the parties and approved by the Court, then, upon motion, the Court may

preclude that party from presenting any evidence of valuation at trial.

(4) Each party of record shall file a Pretrial Memorandum within one hundred and

eighty (180) days of the filing of the appeal. The Pretrial Memorandum shall set

forth (1) the contended assessed value of the subject real estate; (2) the names of

all witnesses to be called at the hearing; (3) a list of all exhibits intended to be

introduced at the hearing; (4) any pre-trial motions, with supporting legal authority;

(5) a summary of any legal issues; and (6) a copy of any appraisal to be presented

at the hearing.

(5) The Court Administrator shall schedule a conciliation conference within one

hundred eighty days (180) days of the filing of the appeal. At the time of

conciliation, all counsel and the parties, or a designated representative, shall be

present. The property owner, or their designated representative, shall have full

authority to settle. The conciliation conference may be the same day as the hearing

before the master.

RULE L – 5000.6. Appointment of Master

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

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

exemption appeal to issue a report and recommendation. The order of appointment shall

specify the matters which are referred to the master.

Note: The Court possesses the inherent authority to appoint a master to assist it in performing its

various functions, including the production of advisory opinions regarding tax assessment appeals.

Appeal of 322 Blvd. Associates, 600 A.2d 630 (Pa. Commw. Ct. 1991).

RULE L – 5000.7. Hearing by Master. Report

(a) The Court Administrator shall schedule any proceedings before the master, and shall

cause notice to be provided to all the parties.

(b) A record shall be made of all proceedings before the master. Any requests for

transcription shall be in accordance with the Pennsylvania Rules of Judicial Administration

governing court reporting and transcripts.

findings of fact, conclusions of law, and a recommended disposition of the case.

(d) The master’s report and recommendation shall be filed, and the Prothonotary shall serve

a copy to all counsel of record and any unrepresented party by regular mail.

€ Any exhibits admitted into evidence before the master are part of the court record, and

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

RULE L – 5000.8. Hearing by Master. Report. Objections. Transcript

(a) Any party may file objections to the report and recommendation of the master within

thirty (30) days of the filing of the report and recommendation. Objections must be

accompanied by a certification of counsel, or a party if unrepresented, that a transcript of

all proceedings before the master, or necessary portions of the transcript, have been

requested from the Court Administrator.

(1) Any request for a transcript shall be governed by the applicable Pennsylvania

Rules of Judicial Administration pertaining to court reporting and transcripts.

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

were filed, the Court Administrator shall send the objecting party a letter, with

copies to all counsel and parties not represented by counsel, stating that the

transcript must be paid for and filed within thirty (30) days of the date of the letter,

and that if no transcript is filed within the time period, then a court order shall be

issued overruling the objections with prejudice. (FORM 5000.8(2)).

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

objecting party shall file a Brief in Support of Objections. The Brief in Support of

Objections shall refer to transcript page numbers where possible.

Administrator shall send the objecting party a letter, with copies to all counsel or a party if

not represented by counsel, stating that if a brief is not filed within twenty (20) days of the

date of the letter, then a court order will be entered overruling the objections with prejudice.

(FORM 5000.8(c)).

Note: If a Brief in Support of Objections has been filed by a taxing authority, other taxing

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

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

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

(e) If no Brief in Opposition is filed and served within twenty (20) days, the Court

Administrator shall send the opposing party a letter, with copies to all counsel and parties

not represented by counsel, stating that if an opposing brief is not filed within twenty (20)

days of the date of the letter, the decision will be made without reference to any brief that

you may file thereafter. (FORM 5000.8(e)).

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

unrepresented, the Court Administrator, and the Court.

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

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

RULE L – 5000.9. Decision. Final Order. No Post-Trial Motions

(a) Within five (5) days after the filing date set for the Briefs in Opposition to Objections

has passed, the objecting party shall notify the Court that the matter is ripe for decision by

filing a notice that the matter is ripe for decision as substantially set forth in FORM

5000.9(a). A copy of the notice shall be served on all counsel of record, a party if

unrepresented, and the Court Administrator.

(b) Upon the filing of the notice defined in subsection (a), the Court may schedule oral

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

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

(d) There shall be no motions for post-trial relief to a final order of court.

RULE L – 5000.10. Real Estate Tax Exemption Appeals

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

assessment appeals; provided, however, that Local Rules 5000.3 and 5000.5 shall not be

applicable.

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

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

RULE L – 5000.11. Notice of Change of Ownership of Property. Change of Address.

Withdrawal or Substitution of Counsel.

(a) If at any time during the course of an appeal filed pursuant to Local Rule 5000, et seq.,

ownership of the property at issue is transferred, changed, or altered in any way, the

property owner listed of record in the appeal is required to file notice of the

transfer/change/alteration with the Prothonotary. The notice shall provide the following

information:

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

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

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

Note: See Pa. R. Civ. P. 1012 for notice requirements when there is a withdrawal or substitution

of counsel. See Pa. R. Civ. P. 440 for the requirements of service of legal papers.

RULE L – 5000.12. Forms

All forms referenced in these rules shall be produced in a substantially similar format as

set forth below.

FORM 5000.1 Petition for Assessment Appeal

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

CIVIL DIVISION

(Name or names)

Appellant(s),

vs. No.

(Name or names), COMMERCIAL/RESIDENTIAL

(choose one)

Appellee(s).

REAL ESTATE INVOLVED

Petition for Appeal from Decision of the

Board of Assessment Appeals

PETITION FOR APPEAL FROM DECISION

OF THE BOARD OF ASSESSMENT APPEALS

This Petition for Appeal from Decision of the Board of Assessment Appeals is filed

pursuant to Local Rule 5000.1 by (name):

1. The owner of this commercial/residential (choose one) real estate and/or taxable property

is (name), and the address of this real estate is (address) (the "Property"). The Property has

been assigned Parcel Identification Number (fill in).

2. The County of Washington, the municipality (fill in) and the school district (fill in) are

the taxing bodies interested in the taxable status of the Property.

3. The Washington County Tax Assessment Office made an assessment of the Property.

(Name) appealed from this assessment to the Board of Property Assessment Appeals (the

"Board") asking that the assessment be reduced/raised (choose one). The Board is

authorized to hear all appeals from assessments made by the Washington County Tax

Assessment Office.

4. Following a hearing, a Decision of Appeal from Real Estate Assessment was mailed by

the Board.

5. Petitioner is filing the appeal to the Common Pleas Court of Washington County.

6. (Fill in reasons for appeal).

WHEREFORE, Petitioner requests this Honorable Court to set the assessment to such

amount as may be right and\or proper.

Date:

(Signature)

Note: Pennsylvania law permits the Court to increase or decrease the assessment, or to leave the

decision of the Board intact, no matter who appealed.

FORM 5000.3 Tax Assessment Appeal Discovery Requests [CASE CAPTION, INCUDING

DOCKET NUMBER]

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

upon (name). Pursuant to Local Rule 5000.5, all applicable responses to these Requests must be

furnished within forty-five (45) days after the receipt of these Requests.

REQUESTS FOR DOCUMENTS

Please produce a copy of the following:

1. Any and all surveys (land, structural, environmental, etc.), building plans and site plans

showing design construction and location of the subject property.

2. Any and all mortgages, promissory notes, deeds, and agreements of sale made or

assumed on the subject property within the last three years and the corresponding closing

statements.

3. Any and all appraisals or evaluations on the subject property which have been made

during the last three years.

4. Any and all loan applications of any kind involving or relating to the subject property

which have been signed or submitted within the past three years.

5. Any and all taxes, land leases, agreements, licenses, occupancy schedules, rent schedules

(or rolls) relating to the subject property for the last three years.

6. Any and all written listing agreements, offers to purchase or offers to sell the subject

property made within the last three years.

7. Any and all soil tests or mineral evaluations, permits or permit requests, requests relative

to a zoning variance, or similar applications or requests to any governmental body within

the past three years concerning the subject property and the result of any such applications

or requests.

8. Any and all federal and state income tax returns and audited financial statements with

respect to the subject property within the last three years.

9. Any and all corporate or partnership prospectus or private placement memorandum that

contains any reference to the value of the subject property within the last three years

10. Any and all insurance policies and/or binders covering the subject property, its building

contents, any building or any business located thereon from the last three years.

11. Any and all documents which describe in whole or in part any physical improvements

to the subject property (whether by the owner or by a tenant) within the last three years.

12. Any and all documents listing or describing capital improvement(s) made to the subject

property over the past three years including the costs of the capital improvement(s) and the

completion date(s).

13. Any and all documents relating to leasing commissions paid with respect to the subject

property over the last three years including the corresponding tenant space, the commission

paid, and the date.

INTERROGATORIES

Please provide the following information:

1. The name, address and telephone number of the person to contact regarding

conducting an inspection of the subject property

Date:

(Signature)

FORM 5000.8(a) Notice

NOTICE

Pursuant to the provisions of 72 P.S. § 502-518.1(c) and Local Rule 5000.7, attached is the

Report of the Special Master.

Any party objecting to the Report shall file Objections with the Washington County

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

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

trial transcript, or necessary portions of the transcript, have been ordered from the Court

Administrator’s Office. Copies of the Objections and certification shall be served on the Court

Administrator and on all counsel of record, or the parties, if unrepresented.

In the event that none of the parties files Objections, the Report and Recommendation of

the Special Master will be adopted as the final Order of Court.

Dated:

COURT ADMINISTRATOR

FORM 5000.8(2) Letter Re: [case name and docket number]

Dear [Objecting Party]:

It has been sixty (60) days since you filed your Objections to the Masters Report in the

subject case and no trial transcript has been filed with the Court Administrator, Civil Division.

You must contact this office and order the transcript of the proceedings and the transcript must be

paid for and filed within thirty (30) days of the date of this letter. See Local Rule 5000.8.

If the transcript has not been paid for and filed within thirty (30) days of the date of this

letter. A COURT ORDER PURSUANT TO LOCAL RULE 5000.8 WILL BE ISSUED

OVERRULING THE OBJECTIONS WITH PREJUDICE.

Very truly yours,

Court Administrator

FORM 5000.8(2) Court Order

[CAPTION INCLUDING DOCKET NUMBER]

ORDER OF COURT

On this _____ day of ________, 20___ , it appearing that ninety (90) days after the

Objections in this case were filed, a letter dated ____________ was mailed by the Court

Administrator’s office to the objecting party; this letter stated that within thirty (30) days from the

date of the letter, the trial transcript must be paid for and filed; thirty (30) dayshave passed since

the date of the letter, and the transcript has not been filed.

IT IS ORDERED THAT, pursuant to Local Rule 5000.8, the objections in this case are

overruled with prejudice.

BY THE COURT:

, J.

FORM 5000.8(c) Letter Re: [case name and docket number]

Dear [Objecting Party]:

It has been twenty (20) days since the transcript in the referenced case was filed with the

Court Administrator, Civil Division. Pursuant to Local Rule 5000.8, your brief is now overdue. If

it is not filed and served within twenty (20) days of the date of this letter, A COURT ORDER

PURSUANT TO LOCAL RULE 5000.8 WILL BE ISSUED OVERRULING YOUR

OBJECTIONS WITH PREJUDICE.

Very truly yours,

Court Administrator

FORM 5000.8(c) Court Order

[CAPTION INCLUDING DOCKET NUMBER]

ORDER OF COURT

On this day of ________, 20____, it appearing that twenty (20) days after the transcript in this

case was filed, a letter dated _________was mailed by the Court Administrator to the objecting

party, this letter stated that if a brief is not filed by the objecting party and served within twenty

(20) days of the date of the letter, a court order will be issued overruling the objections with

prejudice; twenty (20) days have passed since the date of the letter; and the objecting party has not

filed a brief.

IT IS ORDERED THAT, pursuant to Local Rule 5000.8 the objections in this case are

overruled with prejudice.

BY THE COURT:

, J.

FORM 5000.8(e) Letter Re:

[case name and docket number]

Dear [Opposing Party]:

It has been twenty (20) days since the Objecting Party filed a Brief in Support of Objections

and no brief in opposition has been filed by you. If no Brief in Opposition is filed and served within

(20) days of the date of this letter, the decision will be made without reference to any brief that

you may file thereafter.

FORM 5000.9(a) Notice That Matter is Ripe for Decision

[CASE CAPTION, INCLUDING DOCKET NUMBER]

NOTICE THAT MATTER IS RIPE FOR DECISION

AND NOW, comes (name) and notifies this Honorable Court, pursuant to Local Rule

5000.9, that this matter is ripe for decision and requests that this Honorable Court schedule oral

argument or decide the objections on the briefs at its convenience.

A Brief in Opposition to the Objections ___ has ___ has not been filed (pleasecheck

appropriate line) been filed.

Date:

(Signature)

ADMINISTRATIVE APPEALS

RULE 6000. Zoning Appeals.

(a) Appeals from the decision of a Zoning Hearing Board shall be captioned in accordance

with Wash.L.R.C.P. 205.

(b) Within ten (10) days of issuance of a Writ of Certiorari by this Court, the appellant shall

serve a copy of both the notice of appeal and writ upon the solicitor for the zoning hearing

board, the solicitor for the municipality within which the zoning hearing board is located,

and all persons and/or entities who have entered their written appearance in the proceedings

before the zoning hearing board.

include a certified copy of the zoning ordinance in effect at the time the decision was

rendered.

(d) Whenever an appeal is taken from a decision of a zoning hearing board and the record

is returned by the Court to the zoning hearing board for further proceedings, and a

subsequent appeal from a decision of the zoning hearing board is taken in the same case,

the docketing number of the original appeal shall identify the subsequent appeal filed with

the Prothonotary who shall docket and file such subsequent appeal at the docketing number

of the original appeal.

RULE 7000. Board of Viewers. Membership. Compensation

(a) The Board of Viewers for the County shall consist of nine members, not less than three

of whom shall be members of the Bar of this County. An appointed Board for a case shall

consist of three viewers, and the chairperson shall be an attorney. The compensation of the

members of the Board shall be fixed as provided by the Court.

(b) Each member of said Board shall, before assuming the duties of their office, take and

subscribe to an oath or affirmation to perform faithfully all the duties imposed upon

him/her by law, which shall be filed with the Prothonotary.

the applicable Act of Assembly, if any, under which the condemnation was made. The

order appointing the viewers shall contain the tax parcel identification number of the

property subject to condemnation. Notice that the petition has been presented, together with

a conformed copy thereof, as well as a conformed copy of the order appointing the viewers,

shall be forthwith mailed by the petitioner to the owners, or condemning body, or their

attorney of record, whichever is applicable. An additional confirmed copy of such petition

shall be filed with the Prothonotary for use in certifying the record to the appointed viewers.

The attorney for the petitioner shall file a certification of service as aforesaid with the

Prothonotary within twenty (20) days after the appointment of viewers. After receipt of the

certification of service, the Prothonotary shall certify the record to the chairperson of the

Board of Viewers.

RULE 7001. Hearings. Records

(a) All hearings of the Board of Viewers shall be held publicly in the Courthouse as

designated by the chairperson of the Board in consultation with the Court Administrator.

(b) Whenever it shall be desirable that a verbatim record of the hearings before the

respective boards of view be taken, the Court, for cause shown, may direct an official court

stenographer to take notes thereof, and copies of said record shall be furnished to counsel

for the parties, who shall apportion the costs equally.

RULE 7002. Reports. Confirmation. Exceptions

In any case in which a report of viewers shall be filed and presented to the Court for

confirmation, the same shall be marked “Confirmed Nisi,” which confirmation shall

become absolute, and shall be so marked by the Prothonotary unless exceptions are filed

thereto within thirty (30) days thereafter, or such other time as required by Act of

Assembly; provided that for good cause shown, the Court may, by special order, extend

the time for filing exceptions.

RULE 7003. Request for View

Any request for a view of the premises by a jury shall be made by motion to the Court at

least twenty (20) days prior to trial. The Court may assess the costs for a view upon the

requesting party, or in its discretion, require the parties to share the costs equally.

Provenance

Source: www.washingtoncourts.us
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 924c40791fde1f1d3c3d0de16044f18df0b01057c92fc36b9f1f34e17fc1e914

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