PA · rules

Westmoreland Cnty. C.P. Civil Rules 16

Any other

activein force · 2025-10-06 – presentact-effective-date

relevant factor.

PLEASE ATTACH REQUESTED STIPULATION OF FACTS.

___________________________________ ___________________________________

Printed Name Identify (Plaintiff, Defendant, Counsel, etc.)

___________________________________ _______________________

Signature Date

Rescinded March 25, 2013; New Rule W1915.17 adopted March 25, 2013, effective May 27, 2013.

Amended and renumbered September 20, 2016, effective 11/20/16. Rescinded November 5, 2024;

New Rule W1915.4-4(b) adopted November 5, 2024, effective December 23, 2024.

Note: Rule W1915.7 was rescinded effective April 3, 2000.

RULE W1915.8 PHYSICAL AND MENTAL EXAMINATION OF PERSONS

(a) The court may order Evaluations in accordance with Pa.R.C.P. 1915.8 on its own motion,

if consented by the parties and indicated in the report of the custody conciliation officer,

or in ruling on a motion or petition of either party. In the event an evaluation is ordered, a

Pretrial Conference will be automatically scheduled.

(b) Failure to pay for the examination as ordered may result in contempt proceedings and

appropriate penalties as provided in Pa.R.C.P. 1915, et seq.

Rescinded March 25, 2013; New Rule W1915.8 adopted March 25, 2013, effective May 27, 2013.

RULE W1915.10 REQUEST FOR CUSTODY PRETRIAL CONFERENCE. PRETRIAL

CONFERENCE. DECISION.

(a) A party may file a Request for a Custody Pretrial Conference in the Westmoreland

County Prothonotary’s office anytime within 30 days from the date of service of a

Custody Order issued as a result of a Conciliation Conference. Prior to filing the

Request, the moving party shall deliver the Request to the chambers of the assigned

judge for the scheduling of a Pretrial Conference. When Custody Evaluations have been

ordered, a Pretrial Conference is automatically scheduled and a Request need not be

filed. (See: W1915.8(a).)

(b) The moving party must serve a copy of the Request and signed Scheduling Order on the

other counsel/parties, and on the family court administrator (custody office) within 3

days of receiving the signed Order. The Request For Custody Pretrial Conference and

Scheduling Order are available at the Westmoreland County Custody Office on the

fourth floor of the Westmoreland County Annex or on-line at

www.co.westmoreland.pa.us.

Rescinded March 25, 2013; New Rule W1915.10 adopted March 25, 2013, effective May 27, 2013.

RULE W1915.12 ENFORCEMENT. CONTEMPT

(a) Upon filing of any motion or petition alleging violation of a custody or partial custody

order, and seeking enforcement of the order, whether or not sanctions are requested, the

Court shall direct the parties to appear before the Court for a 15 minute conference to

conciliate the disagreement. All parties and their counsel shall appear for this

conference.

(b) If the enforcement request is not disposed of at the conciliation conference, the Court

shall schedule an additional hearing before the Court to address the alleged violation.

New Rule 1915.12 adopted November 4, 2016, effective December 26, 2016.

RULE W1915.13 SPECIAL RELIEF

Motions for Special Relief will be screened before any hearing is scheduled. Special Relief

may be denied without a hearing.

Rescinded March 25, 2013; New Rule W1915.13 adopted March 25, 2013, effective May 27, 2013.

Note: Rule W1915.15 was rescinded effective August 26, 2025.

RULE W1915.17 RELOCATION

(a) A Complaint for Custody shall be filed prior to or simultaneously with the filing of any

Notice of proposed relocation.

(b) Any Notice proposing relocation shall comply with 23 Pa. C.S.A. §5337(c) and shall be

filed with the Prothonotary prior to being served on all other parties. A copy shall also be

served on the chambers of the assigned judge.

be filed with the Prothonotary, served on all other parties, and together with a

scheduling order for a relocation hearing, served upon the chambers of the assigned

Judge.

Adopted February 10, 2012, effective April 2, 2012. Amended and renumbered September 30,

2016, adopted 11/20/2016.

Note: Rule W1915.19 that was adopted February 10.2012, effective April 2, 2012 was

renumbered to W1915.17 11/20/16. Rule W1915.19 no longer exists.

ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE

RULE W1920.4 SERVICE; NOTICE

(a) When service is made within the Commonwealth by registered or certified mail,

restricted delivery, return receipt requested, service shall not be valid if the return

receipt is not signed by the defendant personally. The return receipt card shall be

attached to the affidavit of service.

(b) 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 investigation to locate the defendant.

with the complaint.

(d) The affidavit of service must set forth with particularity the pleadings, attachments and

documents so served.

Adopted December 16, 1993, effective April 1, 1994.

RULE W1920.6 MOTIONS; NOTICE

(a) Written notice of presentation of a petition or motion which requires action by a judge

or master, other than the scheduling of a hearing date, shall be mailed to the other party’s

counsel, or to the other party if unrepresented, at least 4 days prior to presentment of the

petition or motion. Notice shall be substantially in the form prescribed by WF1920.6.

(b) Reasonable notice is required when the relief sought is a preliminary injunction.

Note: A copy of the Notice of Presentation form is provided in the Forms section of the

Westmoreland County Rules of Court.

Adopted December 16, 1993, effective April 1, 1994.

Note: Rule W1920.12 was rescinded effective August 17, 2004.

RULE W1920.31 JOINDER OF RELATED CLAIMS

All financial data and statements required by Pa.R.C.P. 1920.31 shall be filed and served

in accordance with Westmoreland County Rule of Civil Procedure W1920.50 concerning the

“All Counts Conference.”

Adopted December 16, 1993, effective April 1, 1994.

RULE W1920.32 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 by a scheduling order.

(b) The Custody Count shall follow the practice and procedures governing Custody.

Rescinded February 3, 2000; New Rule W1920.32 adopted February 3, 2000, effective April 3,

2000. Amended and adopted August 26, 2025, effective October 6, 2025

RULE W1920.33 JOINDER OF RELATED CLAIMS. DISTRIBUTION OF

PROPERTY. ENFORCEMENT.

(a) Each party in all cases in which a master has been appointed shall file a pre-trial

statement, pursuant to Pa.R.C.P. 1920.33(b). The original pretrial statement shall be filed

with the Prothonotary within 20 days of receipt of the order appointing the master. Each

party shall serve copies of the pretrial statement on the master and opposing counsel, or

on the unrepresented adverse party, by first class mail on the same day as filing.

(b) The exhibit list as set forth in [item 6 above] Pa.R.C.P. 1920.33(b)(4) shall be served in

duplicate and shall be in substantially the following format:

Exhibit List

Description Stipulated Stipulated Objection

Authentic Admissible

etc. …

exhibit list and to return the list to the other party.

(d) Failure to comply with this rule may be enforced by sanctions, with attorney’s fees costs

and expenses to be determined by the master or court.

Rescinded May 7, 2004; New Rule W1920.33 adopted May 7, 2004, effective June 1, 2004.

RULE W1920.42 AFFIDAVIT AND DECREE UNDER SECTION 3301(c) OR

SECTION 3301(d) OF THE DIVORCE CODE

RULE W1920.42 AFFIDAVIT AND DECREE UNDER SECTION 3301(C) OR

SECTION 3301(D) OF THE DIVORCE CODE

(a) The court may require a hearing before the entry of a decree in divorce under sections

3301(c) or 3301(d) of the Divorce Code.

(b) Where both parties have filed affidavits under section 3301(c) of the Divorce Code

evidencing consent to the entry of a final decree, the plaintiff shall file at the

prothonotary a Pennsylvania vital statistics form, an affidavit of non-military service of

defendant, and a proposed decree in divorce. Upon receipt of a praecipe to transmit the

record, the prothonotary shall deliver all of the papers filed at that number and term to

the court for entry of the decree in divorce. The proposed decree in divorce shall include

a clause retaining jurisdiction in the court of all other related claims that have been

joined, and which have not been decided by the court as of the date of the presentation of

the proposed decree in divorce.

breakdown and the plaintiff has filed and served an affidavit and blank counter-affidavit

under section 3301(d) of the Divorce Code, the averments of which the defendant has

either admitted or not denied; the plaintiff shall file a written Notice of Intention to File

the Praecipe to Transmit Record with the court and serve the defendant at his/her last

known address. The notice, which shall include a proposed praecipe to transmit the

record, shall be served at least 20 days in advance of the time and date the plaintiff

intends to file the praecipe to transmit the record required by Pa.R.C.P. 1920.42.

(1) The plaintiff shall also file the Pennsylvania vital statistics form, an affidavit of

non-military service of defendant, a proposed decree in divorce, and an affidavit

that notice was sent to the defendant as required above. The proposed decree in

divorce shall include a clause retaining jurisdiction in the court of all other

related claims which have been joined and which have not been decided by the

court as of the date of the presentation of the proposed decree in divorce.

(2) If the defendant does not object within the time allotted, the court may either

enter a decree in divorce, or schedule a hearing.

(d) If the defendant objects and raises new legal or factual issues, a hearing shall be held

before the court or a master, as the court may direct.

(e) In the event that an agreement is reached in equitable distribution or in any case in

which ancillary claims are raised, the parties shall submit a praecipe for an order

approving grounds for divorce with the praecipe to transmit record.

(f) In the event that equitable distribution or ancillary claims are raised and resolved before

the All-Counts Conference Officer or are resolved by the parties through mediation, the

All-Counts Conference Officer or the mediator shall submit the praecipe for an order

approving grounds for divorce with the praecipe to transmit record.

NOTE: A form praecipe for an order establishing grounds is provided in the Forms section of the

Westmoreland County Rules of Court.

Adopted December 16, 1993, effective April 1, 1994. Rule W1920.42(a) rescinded October 28,

2015; new rule adopted October 28, 2015, effective December 21, 2015. Rule 1920.42 rescinded on

March 18, 2023, new adopted March 18, 2023, effective April 18, 2023.

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

FAMILY DIVISION

______________________________

Plaintiff

vs. Case No. _______ of ________-D

______________________________

Defendant

PRAECIPE FOR AN ORDER APPROVING GROUNDS FOR DIVORCE

To the Honorable Judge,

 PLAINTIFF  DEFENDANT requests the Court enter an Order approving

grounds for divorce based on the information herein with the Court retaining jurisdiction

over unresolved ancillary claims.

1. Check the applicable section of the Divorce Code.

Grounds for Divorce: Irretrievable breakdown under:

 Section 3301(c)(1)

 Section 3301(c)(2)

 Section 3301(d)

2. Service of Complaint:

a) Date served: ______________________________

b) Manner of Service: _________________________

3. Complete either paragraph (a) or (b).

a) Section 3301(c)(1) or (2) of the Divorce Code – Insert the date each party

signed

the Affidavit of Consent, and if the ground for divorce is under Section

2201(c)(2) of the Divorce code, insert the date the spouse was convicted of the

personal injury crime identified in 23 Pa.C.S.§3103 next to the appropriate

party and complete (1) and (2).

Plaintiff: _________________________________;

Defendant: _______________________________.

1) The date the party signed the Affidavit to Establish Presumption of

Consent under Section 3301(c)(2) of the Divorce Code:

_________________________;

2) The date of filing and manner of service of the Affidavit to Establish

Presumption of Consent under Section 3301(c)(2) of the Divorce Code

and a blank County-Affidavit under Section 3301(c)(2) upon the other

party:

____________________________________________________________

_____.

b) Section 3301(d) of the Divorce code:

1) The date the Affidavit under Section 3301(d) of the Divorce Code was

signed: __________________________.

2) Date of filing and manner of service of the Affidavit under Section

3301(d) of the Divorce Code and blank Counter-Affidavit under Section

3301(d) of the Divorce Code upon the other party:

_____________________________.

4. Related ancillary claims pending:__

______________________________________.

5. Complete either (a) or (b).

a) Notice of intention to File the Praecipe for an Order Approving Grounds for a

Divorce:

1) Date served: ______________________________

2) Manner of Service: _________________________

b) The date of filing of the party’s Waiver of Notice of Intention to File the

Praecipe for and Order Approving Grounds for Divorce:

1) Plaintiff’s Waiver: ___________________________________

2) Defendant’s Waiver: _________________________________

Respectfully Submitted,

Date: ____________________________ ____________________________________

Attorney for Plaintiff/Defendant

Adopted December 16, 1993, effective April 1, 1994. Rule W1920.42(a) rescinded October 28,

2015; new rule adopted October 28, 2015, effective December 21, 2015. Rescinded November 7,

2022, new rule adopted December 3, 2022, effective January 2, 2023.

RULE W1920.50 ALL COUNTS conciliation CONFERENCE

(a) After completion of discovery and prior to the appointment of a master to take testimony

on remaining issues pursuant to W1920.51, and after filing “Addendum A” substantially

in the form prescribed by WF1920.50, and any attachments; the court shall order, upon

the request of either party, an all counts conciliation conference.

(b) Either party may request an all counts conciliation conference by presenting or mailing

to the family court administrator a Motion to Schedule All-Counts Conciliation

Conference, Order, and a copy of Addendum A and any attachments. Upon receipt of the

Motion to Schedule All Counts Conciliation Conference and Order, the family court

administrator shall note the day and time of the conference on the original order, forward

the motion and order to the court for signature, and file the original motion and order

with the prothonotary. After filing the original motion and order, the family court

administrator shall mail a copy of the motion and order to the moving party. The moving

party shall then serve the non-moving counsel or party, if not represented, with a copy of

the motion and order, Addendum A, and any attachments. A copy of the forms and

attachments shall be served on the opposing counsel or party, if not represented, and on

the family court administrator.

party that wants an all counts conciliation conference may file and present to the Court a

motion to proceed.

(d) The non-moving party shall file their Addendum A and any attachments at least twenty

(20) days prior to the scheduled conference, and serve a copy of Addendum A and any

attachments on the moving counsel or party, if not represented, and on the family court

administrator.

(e) Both parties shall submit a written proposal for settlement at the time of the conference.

(f) Failure to file the required forms, attachments and proposals may result in sanctions.

Note: This rule requires the completion of an All Counts Conciliation Conference worksheet

for submission with the written proposal for settlement. A sample of the Motion to

Schedule All Counts Conciliation Conference and Order and the forms included in

“Addendum A”, including the Income and Expense Statement, Inventory and

Appraisement of Property and Marital Asset and Liability Summary forms are provided

in the Forms section of the Westmoreland County Rules of Court.

Rescinded May 7, 2004; New Rule W1920.50 adopted May 7, 2004, effective June 1, 2004.

RULE W1920.51 HEARING BY THE COURT; APPOINTMENT OF MASTER;

NOTICE OF HEARING

(a) Before any certificate of appointment shall be issued by the prothonotary to any master

in those cases initiated by an uncontested complaint in annulment, or a section 3301(a)

or (b) divorce, or where an agreement has been reached by the parties on any such other

claims that have been raised by the parties, the plaintiff shall deposit the sum of $138.00

with the prothonotary; $113.00 of the deposit shall be minimum fee for the master, and

$25.00 shall be minimum fee for the stenographer. In addition, the plaintiff shall pay the

prothonotary’s fee. The court may order additional compensation for the master their

report is filed.

(b) In all other cases, before any certificate of appointment shall be issued by the

prothonotary to any master, the party moving for the appointment shall deposit an initial

sum of $248.00 with the prothonotary; $223.00 shall be a minimum fee for the master,

and $25.00 shall be a minimum fee for the stenographer. In addition, the moving party

shall pay the prothonotary’s fee. The initial deposit of $248.00 shall be for one-half days’

work. For each half day thereafter the master shall receive a minimum fee of $150.00; and

for each half day of transcribing, the stenographer shall receive a minimum fee of $20.00.

The master shall certify the time expended to the court. The master may petition the

court for additional compensation after the report is filed.

3301(c) or (d) and no issues other than divorce are raised.

Note: Subsection (c) expands the prohibitions found at Pa.R.C.P. 1920.51(2)(ii) to include all

Section 3301(d) divorces when divorce is the only issue raised.

(d) The master shall give the attorneys for each party at least 10 days’ written notice of the

time and place of taking testimony and of the claims the master will hear. If there is no

appearance entered on behalf of the defendant, the master shall give notice to the

defendant by registered mail, return receipt requested at the last known address of the

defendant.

Note: See Pa.R.C.P. 1920.33(b) and W1920.33 for requirements regarding the mandatory filing

of a pre-trial statement.

Rescinded May 7, 2004; New Rule W1920.51 adopted May 7, 2004, effective June 1, 2004.

Note: Rule W1920.51(4) was rescinded effective June 1, 2004.

RULE W1920.51a HEARING BY THE COURT. ALL COUNTS MASTER. NOTICE OF

HEARING

All interim issues in a divorce action including the claim of alimony pendente lite, counsel

fees, costs and expenses, and injunctive relief, when appointed to a master, shall be heard by the

permanent all counts master.

(a) The all counts divorce master may address the amount of child support if the amount is

consented to by the parties. If the parties do not agree to the amount of child support,

the all counts divorce officer shall only take testimony on the claim of child support at

the direction of the court, or in the event the support-hearing officer certifies a conflict.

(b) The all counts divorce master shall take testimony on claims for child support, alimony

pendente lite, or counsel fees and expenses prior to taking testimony on any other claims.

prepare a report and order for those issues resolved or consented to, and schedule the

remaining issues for a date and time certain. Exceptions may be filed pursuant to

Pa.R.C.P. 1920.55-2 and W1920.55-2a.

Adopted May 7, 2004, effective June 1, 2004.

RULE W1920.53 HEARING BY MASTER. REPORT. MASTER’S FEES.

In the event the court-appointed Master’s fees exceed Five Thousand Dollars ($5000.00),

the Master shall present a Petition for approval of such fees to the Judge to whom the

case has been assigned.

Rescinded May 7, 2004; New Rule W1920.53 adopted May 7, 2004, effective June 1, 2004;

Rescinded April 23, 2024 and New Rule 1920.53 adopted in amended form April 23, 2024,

effective May 23, 2024.

RULE W1920.54 HEARING BY MASTER. REPORT. RELATED CLAIMS.

Subject to the direction and control of the court, the all counts divorce master shall have

the usual powers of a referee in equity 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 relevancy of testimony. If the master sustains the objection the testimony shall not be heard or

reported. Parties may file exceptions to the master’s rulings.

Rescinded May 7, 2004; New Rule W1920.54 adopted May 7, 2004, effective June 1, 2004.

Note: Rule W1920.55-1 was rescinded effective June 1, 2004.

RULE W1920.55-2 MASTER’S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

(a) The excepting party shall serve a copy of exceptions on the family court administrator

when filing the original exceptions to the report of a master appointed pursuant to

W1920.51. Upon receiving exceptions pursuant to Pa.R.C.P. 1920.55-2(b) and (c), the

family court administrator shall immediately schedule a hearing, mail notices of the

hearing date to the parties by first class mail, and forward its copy of the exceptions to

the assigned judge.

(b) The excepting party must file briefs with the assigned judge no later than 20 days before

the hearing, and the non-excepting party must file its brief with the assigned judge no

later than 10 days before the hearing.

(d) If no party files Exceptions to the Master’s Report within 20 days of the date of receipt

or the date of mailing of the report, whichever occurs first, the prothonotary shall

immediately deliver the file to the court for entry of the decree.

(e) Unless otherwise directed by the Court, the prothonotary shall pay no master’s fee until

the master files the report and transcript of testimony. Failure of the master to file the

report as required shall result in a forfeiture of the master’s fee, and the prothonotary will

refund the fee to the party who paid it.

Rescinded May 7, 2004; New Rule W1920.55-2 adopted May 7, 2004, effective June 1, 2004. Rule

W1920.55-2(d) rescinded April 16, 2009. New Rule W1920.55-2(d) adopted April 16, 2009,

effective June 1, 2009.

RULE W1920.55-2a ALL COUNTS MASTER’S REPORT. NOTICE. EXCEPTIONS.

FINAL DECREE.

(a) The all counts master’s shall report pursuant to Pa.R.C.P. 1920.55-2.

(b) When filing the original exceptions to an all counts master’s report with the

prothonotary, the excepting party shall also serve a copy on the family court

administrator. The family court administrator shall immediately schedule the hearing on

the exceptions upon receipt of the exceptions and the fifty (50) dollars deposit towards

completion of the transcript required by subsection (c) below. The court administrator

shall mail notices of the hearing date to the parties by first class mail before forwarding

its copy of the exceptions to the assigned judge.

towards the preparation of the transcript The final cost of the transcript will be billed

against the excepting party at a rate of $2.00 per page less the fifty (50) dollars

deposited. Failure to request or pay for the transcript may result in dismissal of the

exceptions.

(d) The excepting party must file briefs with the assigned judge no later than 20 days before

the hearing, and the non-excepting party must file its brief with the assigned judge no

later than 10 days before the hearing.

(e) Oral arguments shall be restricted to issues addressed in written briefs.

(f) If no party files exceptions within 20 days of the date of receipt or the date of mailing of

the report, whichever occurs first, the order shall be final.

Adopted May 7, 2004, effective June 1, 2004. Rule W1920.55-2a(f) rescinded April 16, 2009. New

Rule W1920.55-2a(f) adopted April 16, 2009, effective June 1, 2009.

Note: Rule W1920.63 was rescinded effective April 16, 2001.

RULE W1930 FAMILY DIVISION CASE ASSIGNMENTS

(a) Petitions to appoint a standby guardian, as well as any filings in divorce, support,

custody cases, or Family Division cases other than Protection from Abuse and

Protection of Victims of Sexual Violence or Intimidation cases, shall be assigned to a

judge by the Family Court Administrator, using the defendant's last name to assign

the case.

(b) The Family Court Administrator shall attempt to ensure that if the same parties have

previously had a matter assigned to a judge, that judge shall be assigned to the new

matter in order to preserve the "one family, one judge" concept of case assignment.

Adopted March 12, 2019; effective April 30, 2019.

RULE W1940.1 VOLUNTARY MEDIATION

(a) The parties may agree to mediate custody and visitation matters before a neutral

mediator. The parties are responsible to pay for mediation services. Mediation shall be

conducted in accordance with Pa.R.C.P. 1940-1 et. seq.

(b) All matters before the mediator shall remain confidential except as provided at 42

Pa.C.S.A. § 5949(b). Confidentiality may be waived in writing by the parties.

(d) The Westmoreland County Family Court Administrator (Custody Office) shall provide

the mediators with dates and times for which to schedule a Conciliation Conference for

those who have not succeeded through mediation. The mediator shall immediately

schedule by Notice those who have not settled through Mediation. The date and time

scheduled for the conciliation conference shall forthwith be reported by phone or

facsimile to the family court administrator (custody office).

Rescinded March 25, 2013; New Rule W1915.4-4 adopted March 25, 2013, effective May 27, 2013.

Amended and renumbered September 20, 2016, effective 11/20/16.

RULE W1940.4 MINIMUM QUALIFICATIONS OF THE MEDIATOR

Mediators shall certify, on a form supplied by the Family Court Administrator,

compliance with the minimum qualifications specified in Pa.R.C.P. 1940.4.

Adopted February 3, 2000, effective April 3, 2000.

Note: Rule W1960 was rescinded effective May 25, 2010.

Rule W1940.1 that was adopted February 3, 2000, effective April 3, 2000 was amended

September 30, 2016.

ACTIONS FOR WRONGFUL DEATH

RULE W2205 NOTICE TO PERSONS ENTITLED TO DAMAGES

Whenever notices are sent pursuant to Pa.R.C.P. 2205, a certificate of service of such

notices shall be promptly filed in the prothonotary’s office, setting forth the names and addresses

of the persons to whom the notices were sent.

Adopted December 16, 1993, effective April 1, 1994.

JOINDER OF PARTIES

Note: Rule W2227 was rescinded effective July 26, 2004.

RULE W2232 DEFECTIVE JOINDER. CHANGE OF PARTIES

(a) Notice under Pa.R.C.P. No. 2232(a) to a person required to join in an action as a party

plaintiff pursuant to Pa.R.C.P. No. 2228 shall be given within thirty (30) days of service

of the complaint on the defendant.

(b) The notice shall be made using the following form:

NOTICE OF PENDING ACTION

To _____________________ (Name of spouse or parent)

You are hereby notified that _________ (Name of Plaintiff) has commenced this action against

me to recover damages arising from personal injuries to ____________ (Name of person injured)

occurring on __________ (state date and sufficient facts to identify the occurrences causing the injuries).

You are hereby directed to join in this action as a party plaintiff within thirty (30) days if

you desire to assert against me any claim for damages arising therefrom. IF YOU FAIL TO JOIN

THIS ACTION, YOUR CLAIM WILL BE BARRED (LOST) AND THE CASE WILL

PROCEED WITHOUT YOU.

___________________ (Defendant)

Pa.R.C.P. No. 402.

Rescinded May 10, 2004; New Rule W2232 adopted May 10, 2004, effective July 26, 2004.

Note: Rule W2253 was rescinded effective July 26, 2004.

ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

RULE W3129 NOTICE OF SALE; REAL PROPERTY

(a) All writs and certified copies of orders certified from the record by the prothonotary

directing judicial sales of real estate shall be filed with the sheriff not less than 60 days

before the date of sale and shall be accompanied by:

(1) Four typewritten copies of a notice containing the information required in

Pa.R.C.P. 3129.2 on a form which shall be provided by the sheriff for the purpose

of preparing handbills and for publication pursuant to Pa.R.C.P. 3129.2(d); and

(2) One typewritten copy of the full legal description of the property on a format

which shall be provided by the sheriff for the purpose of preparing a deed.

(3) The Writ of Execution shall contain the full legal description of the property.

(b) In all judicial sales of real estate, the following conditions shall apply:

CONDITIONS OF SALE

Successful bidders shall pay ten percent of the bid in either cash, certified check,

or cashier’s check at the time of the sale, and the balance prior to 11:00 a.m. of the due

date supplied by the sheriff. The property will be resold if the balance is not paid by the

due date. All money paid in at the original sale shall be applied to any deficiency in the

price at which property is resold. If the sale has been previously adjourned to this date,

the successful bidder shall pay the full amount of the bid at the time of sale. If the

successful bidder is the plaintiff in the writ of execution, the entire amount of the bid

shall be paid in 10 days. If plaintiff fails to pay the purchase money, the sheriff may return

the writ “Real Estate Unsold” stating in the return that the sale was held pursuant to the

writ, that the plaintiff was the successful bidder at the sale, that the plaintiff failed to pay

the bid and complete the sale, and that the plaintiff shall thereupon forfeit all moneys

advanced. Such forfeited advanced money shall be applied by the sheriff first to costs on

the writ and second to liens in order of their priority. A bid of $1.00 shall constitute a bid

of costs and the amount of any municipal claims due.

In addition to price, all successful bidders are bound and required to pay the

county realty transfer tax which is required for the purpose of recording the deeds.

Pursuant to 72 P.S. 8100-C, et seq., the 1% Pennsylvania realty transfer tax will be paid by

the sheriff from the proceeds of the sale. Purchasers must record their own deeds and pay

the necessary recording fees.

Pursuant to Pa.R.C.P. 3136, notice is hereby given that a schedule of distribution

will be made in accordance with the schedule unless exceptions are filed thereto, within

10 days thereafter. No further notice of the filing of the schedule of distribution is

required.

January, March, May, July, September, and November. If any of those days fall on a legal

holiday, the sale shall be held on the Tuesday immediately following.

(d) Persons other than the sheriff serving the notice of sale pursuant to Pa.R.C.P. 3129.2,

shall file their original affidavits of service with the prothonotary and a copy with the

sheriff not less than 15 days prior to the sale date.

Adopted December 16, 1993, effective April 1, 1994.

DEPOSITIONS AND DISCOVERY

Note: Rule W4001 was rescinded effective August 3, 2016.

RULE W4002 PLACE OF DEPOSITIONS

If the parties do not agree, the place of the taking of any deposition of a non expert shall

be in the Westmoreland County Courthouse or the Westmoreland Bar Association

Headquarters in Greensburg, Pennsylvania, unless the court otherwise directs.

Revised August 22, 1994, effective October 10, 1994.

RULE W4005 WRITTEN INTERROGATORIES

Any party filing written interrogatories on any other party shall forthwith serve a notice

thereof with the prothonotary and each party or attorney of record. The moving party shall also

serve copies of the interrogatories on any other party if requested.

Adopted December 16, 1993, effective April 1, 1994.

GENERAL RULES

RULE W6001 Rules Governing Appeals from Real Estate Tax Assessments.

The following provisions shall govern all tax assessment appeals from decisions of the Board of

Assessment Appeals:

(a) Parties.

(1) The following parties must be listed in the caption of the appeal:

(i) owner(s) of the real estate and/or taxable property;

(ii) the Westmoreland County Board of Assessment Appeals;

(iii) the municipality in which the property is located;

(iv) the school district in which the property is located; and

(v) the County of Westmoreland.

(2) Any entity that has an interest in the appeal in addition to those set forth in

subsection (a) (1) of this Rule may enter an appearance, subject to the objection

of any party listed in aforesaid subsection. Such entity must provide notice of its

appearance to all other parties within five (5) days of its entry.

(b) Caption.

(1) The party filing the appeal to court shall be designated as the appellant. The

Board of Assessment Appeals shall be designated as the appellee. All other

parties set forth above at (a) shall be designated as interested parties. The Tax

Map Number assigned to the parcel that is the subject of the appeal shall be

listed below the appellant/appellee/interested parties. The Tax Map Number

shall be listed in the format shown on the forms appended to this Rule and

contain 15 digits and include dashes. The Prothonotary shall index each appeal

by each party and the Tax Map Number. The caption shall be in a form

substantially similar to the example appended to this Rule.

(1) An appeal from the decision of the Board of Assessment Appeals must be verified

by the owner or other appropriate party and filed with the Prothonotary within

thirty (30) days of the date of mailing of the notice of decision by the Board.

(2) An appeal shall contain the following:

(i) names of the parties;

(ii) identification of the property by address;

(iii) a reference to the source of ownership for, or interest in, the parcel

designated by the Tax Map Number;

(iii) a concise statement of the reasons for the appeal; and

(iv) a copy of the decision of the Board of Assessment Appeals.

(3) No Order of Court is required to file an appeal.

(d Notice.

Within five (5) days from the date of filing a tax assessment appeal, the appellant shall

serve a copy of the appeal upon all other parties including the Board, the County, the

municipality, and the school district in which the real estate is situate; and upon the property

owner, if the owner is not the appellant. Service shall be by certified mail, return receipt

requested and by first class mail, postage pre-paid or personal service by hand delivery and

acceptance by the served party. A certificate of service shall be filed by the serving party within

ten (10) days of said service.

(e) Withdrawal of Appeals.

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

(f) Motions.

(1) All motions in real estate tax assessment appeals shall be presented to the Judge

assigned to the case by the Court Administrator.

(2) The Appellant shall provide to the Court a proposed order for a status

conference within forty-five (45) days from the date of service of the appeal upon

the Board of Assessment Appeals. The Appellant shall provide the Court with a

self-addressed, envelope, postage pre-paid, in which the Court will return the

executed original order to said Appellant. Upon receipt of the order scheduling

the status conference, the Appellant shall promptly file the original order with

the Prothonotary and serve a copy of the order on all parties and/or each attorney

of record by first class mail. A Certificate of Service showing the same shall be

filed with the Prothonotary within ten (10) days of said service. All parties must

appear personally or through counsel at the status conference. At that time the

Court may issue a scheduling order that includes, but is not limited to, a time for

the exchange of any expert reports and a time for the completion of discovery.

The Court will schedule a settlement conference or set a trial date for the appeal.

The proposed order shall be in a form substantially similar to the example

appended to this Rule.

(g) Discovery.

(1) Discovery pursuant to the Pennsylvania Rules of Civil Procedure is specifically

authorized during an appeal from an assessment fixed by the Board of

Assessment Appeals.

Explanatory Note

The Pennsylvania Rules of Civil Procedure are not applicable to tax assessment appeals

except as specifically authorized by the county Local Rules of Court. See Appeal of

Borough of Churchill, 575 A.2d 550, 525 Pa. 80 (1990)]

(h) Trial.

(1) When discovery is completed, the appellant shall request the assigned judge to

schedule the appeal for trial.

(2) Upon the request of the appellant, the Court shall schedule the trial for a date

certain.

(3) In the event the appellant fails to request a date certain for trial of the appeal,

upon the motion of any party or upon the judge's own motion, the Court may

enter an order setting the date for trial.

(4) A motion to continue the trial shall be presented to the Court at least two weeks

prior to the date scheduled for trial. In deciding such a motion for continuance,

the Court will consider the grounds set forth in Pa. R.C.P. No. 216.

IN CASES THAT HAVE BEEN INACTIVE FOR AN UNREASONABLE PERIOD OF TIME, ON

MOTION OF ANY PARTY THE COURT MAY ISSUE A RULE TO

SHOW CAUSE WHY THE APPEAL SHOULD NOT BE

TERMINATED. THE COURT UPON RETURN OF SAID RULE MAY

TERMINATE INACTIVE CASES PURSUANT TO THE STANDARDS

AND PROCEDURES ARTICULATED IN PA. R.C.P. NO. 230.2.

Adopted March 1, 2002, effective April 22, 2002, revised and adopted August 3, 2016.

Note: Rule W6001.1 was rescinded effective March 1, 2002.

Note: Rule W6001.2 was rescinded effective March 1, 2002.

RULE W6007 APPROVAL OF SURETIES

No lawyer, court employee, deputy, clerk or other such officer shall execute any bond as

security in any action or matter pending in court, except by written leave of the court.

Adopted December 16, 1993, effective April 1, 1994.

RULE W6017 DEPOSITORIES

On the payment of money into court for any purpose, the same shall be deposited at

interest in such bank as the court may designate, to the credit of the court in the particular case,

and shall be drawn out only upon an order of the court attested by the prothonotary.

Adopted December 16, 1993, effective April 1, 1994.

RULE W6027 STATUTORY OR LICENSE SUSPENSION APPEALS

(a) All statutory or license suspension appeals shall be commenced by the filing of a petition.

(b) If a supersedeas or stay is not automatically granted by the filing of the petition, the

petitioner shall present the assigned judge an unsigned order of court granting the

supersedeas or stay and setting a date and time of the hearing.

petitioner shall, within thirty (30) days of the filing of the petition for appeal, file a

signed order setting a date and time of the hearing. Failure to file the signed order may,

upon motion of the opposing party, result in the dismissal of the petition.

Adopted April 11, 1996, effective June 3, 1996.

Note: Rule W6082 was rescinde

d effective October 10, 1994.

Provenance

Source: www.westmorelandcountypa.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: ea733bcce9ebbe91b99576ac32a245a3a0490fa96e2a220f89549602a6955c34

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