PA · rules

York Cnty. C.P. Local Rules of Civil Procedure Rule 430

Service Pursuant to Special Order of Court. Publication

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

(a) Whenever an Act of Assembly or a rule of court specifies that notice shall be given or service

shall be made by publication but does not specify the manner of publication or expressly states that

publication shall be made in such manner as the Court of Common Pleas shall direct, publication shall be

made one time in each of the York Legal Record and in one (1) daily newspaper of general circulation in

the county.

(b) Service by publication shall be made in such a manner that the person so served shall have at

least twenty days after publication to act on the matter served by publication.

publication shall be filed before judgment or any other action is taken by the party serving by publication.

(d) When publication of notice of suit is ordered, the notice shall contain, in addition to the

information set forth in Pa.R.C.P. No. 430(b)(1), sufficient information to identify all parties to the action,

the nature of the subject matter of the suit, and if the suit involves any claim to or about real property, a

description of the real property sufficient to identify its location.

ACTIONS

CIVIL ACTION

VENUE AND PROCESS

Rule 1008 Appeal as Supersedeas in Landlord Tenant Matters.

(a) Appeals to the Court of Common Pleas in landlord tenant matters shall act as a supersedeas to

the extent of and pursuant to the procedure set forth in Pa.R.C.P.M.D.J. 1008.

(b) Motions for relief under Pa.R.C.P.M.D.J. 1008, including motions for release of escrow, shall

be presented to the Court pursuant to York R.C.P. 208.3(a).

Rule 1012 Withdrawal of Appearance.

(a) An attorney wishing to withdraw from a case by leave of court shall file a petition in such

form and containing the information set forth in York R.C.P. 205.2 and shall otherwise comply with the

requirements of Pa.R.C.P. No. 1012. The petition shall be filed pursuant to York R.C.P. 205.1 and York

R.C.P. 208.3(a). An attorney who has given at least twenty (20) days' notice to the client and all other

parties of intent to file a motion to withdraw, and who has received no opposition to such motion, may

file the petition pursuant to York R.C.P. 208.3(a)(7).

(1) A petition requesting leave to withdraw an appearance shall state that prior notice of

intent to withdraw has been given to the client and all parties, and the date on which such notice was

given.

(2) A petition requesting leave to withdraw an appearance shall state whether any

proceeding is pending, the nature of the pending proceeding, and the next date of any court proceeding.

(3) A petition requesting leave to withdraw an appearance shall state that the attorney has

sent to the client all court orders which require any action to be taken by the client.

(b) An attorney who has been given permission to withdraw from a case, or who has withdrawn

from a case, pursuant to Pa.R.C.P. No. 1012, shall include in the proposed order permitting withdrawal

the last known address and telephone number of the attorney’s client, or shall, within five days of being

granted permission to withdraw, file with the Prothonotary and serve on all other parties a praecipe

setting forth that information.

from a case, pursuant to Pa.R.C.P. No. 1012, shall send to the client a copy of any previous court order

which may require the client to file documents, attend proceedings, or take any other action in a pending

matter after the attorney has withdrawn, and shall file a certificate evidencing such service, if not

previously set forth in the petition to withdraw.

Rule 1018.1 Form of Notice to Defend.

(a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an

additional defendant shall begin with a notice to defend in both English and Spanish, containing the

information and in substantially the same form as that set forth in Pa.R.C.P. No. 1018.1(b).

(b) The organization from whom information may be obtained about legal services to eligible

persons at a reduced fee or no fee is:

Lawyer Referral Service of

The York County Bar Association

(Attorney Connections)

York County Bar Center

137 East Market Street

York, Pennsylvania 17401

Telephone No. (717) 854-8755

for protection from abuse shall be available in the office of the Prothonotary.

Rule 1028(c) Preliminary Objections.

(1) One original of the preliminary objections shall be filed with the Prothonotary. They shall be

in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York R.C.P.

205.2(b).

(2) Preliminary objections filed by a party shall be resolved by one judge pursuant to York

R.C.P. 208.3(b) and pursuant to the time periods set forth in Pa.R.C.P. No. 1028(c).

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

(1) One original of the motion for judgment on the pleadings shall be filed with the Prothonotary.

It shall be in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York

R.C.P. 205.2(b).

(2) A motion for judgment on the pleadings filed by a party shall be resolved by one judge

pursuant to York R.C.P. 208.3(b).

Rule 1035.2(a) Motion for Summary Judgment.

(a) An original of the motion for summary judgment shall be filed with the Prothonotary. It shall

be in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York R.C.P.

205.2(b).

(b) A motion for summary judgment filed by a party shall be resolved by one judge pursuant to

York R.C.P. 208.3(b).

ACTION IN EJECTMENT

Rule 1051 Praecipe for Writ.

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

shall contain:

(a) A description of the land sufficient to identify it, either by metes and bounds or by reference

to street number, dimensions, area or adjoinders; and

(b) A reference to a place of record from which a complete description may be obtained.

ARBITRATION

COMPULSORY ARBITRATION

Rule 1301 Scope

(a) Actions at issue. All actions which are at issue in which the amount in controversy

is fifty

thousand dollars ($50,000) or less, except those involving title to real estate, and forfeiture of

property,

shall first be submitted to and heard by a board of arbitrators consisting of three attorneys

admitted to

practice in the Courts of this Commonwealth, for consideration and award. The term "amount in

controversy" shall mean the amount, exclusive of interest and costs, claimed by any party to the

case, as

determined by the pleadings or agreement of reference, but a multiplicity of claims or

counterclaims, each of which is fifty thousand dollars ($50,000) or less, shall not bar compulsory

arbitration. An order of

consolidation of an action involving more than fifty thousand dollars ($50,000) with an action

involving

less than that amount shall bar compulsory arbitration.

(b) When the action is at issue. An action shall be at issue when:

(1) A party or counsel files with the Prothonotary, after the close of all pleadings, a

praecipe for reference; or

(2) The parties or counsel file with the Prothonotary, an agreement of reference; or

(3) The court issues an order of reference on its own motion, or on motion of a party,

when

the pleadings disclose that any verdict probably will be in an amount less than fifty thousand

dollars

($50,000).

agreement of reference signed by all parties or their counsel and filed with the Prothonotary, or

by court

order. The agreement of reference shall define the issues involved for determination by the

board, and

may also contain stipulations with respect to facts submitted or agreed to or defenses waived. In

such

case, the agreement of reference shall take the place of the pleadings in the case.

Rule 1301.1 Certificate of Readiness. Time Required. Notice.

(a) Certification of Readiness for arbitration. The party referring the case to arbitration

shall certify that the case is ready and that the attorneys and witnesses are available during the

arbitration week. The arbitration will be scheduled for the arbitration week in the second month

after the month during which the filing occurs or during an arbitration week thereafter selected

by the parties. The Prothonotary shall notify the District Court Administrator that the case has

been referred to arbitration within three days after such reference.

(b) Length of time to be stated. The party who refers the case for arbitration shall note the

length of time required for the hearing on the document requesting arbitration.

shall serve a copy of the referring document upon the opposing parties or their counsel and shall

file proof of service with the Prothonotary. Failure to serve the reference to arbitration shall

result in the action being stricken from the Arbitration List, and the associated costs shall be

placed on the party who failed to serve. The action may not be re-listed for arbitration until the

costs have been paid.

(d) The District Court Administrator shall, upon receipt of the Prothonotary's notice of

reference to arbitration or as soon thereafter as practicable, deliver to the Prothonotary notice of

the appointment in the form of an order, setting forth the date of the arbitration week to which

the case is assigned and listing the names of the arbitrators assigned to the board, for filing in the

docket for the case. The Prothonotary shall give notice of the order assigning the case to an

arbitration board in accordance with Pa.R.C.P. 236.

Rule 1302 Arbitrators, Panels and Boards.

(a) Selection of Panels of Arbitrators. The Arbitration Committee of the York County Bar

Association shall annually, prior to December 1, receive applications from members of the York County

Bar Association with offices in York County who are interested in serving as arbitrators. The Committee

shall formulate a list of attorneys to serve as arbitrators.

(1) In accordance with Pa.R.C.P. 1302, the Committee shall select a sufficient

number of attorneys to fill the arbitration periods and boards established by the District Court

Administrator and may select attorneys who are willing to serve as substitute arbitrators for the

attorneys assigned to serve on boards.

(2) The Committee shall send the list of selected attorneys to the President

Judge by December 31st of each year and request their appointment to serve as arbitrators.

(3) The Court shall enter an Order by January 15 appointing the attorneys selected as

arbitrators to serve on the panel.

(4) An arbitrator shall be appointed for a two year term, on a calendar year basis.

(b) Boards.

(1) The Committee shall create from the Panel of Arbitrators, boards of three arbitrators

each, in accordance with the requirements of Pa.R.Civ.P. 1302. The Committee shall consider the

experience and expertise of the individual arbitrators in the organization of the boards.

(2) After consultation with the committee, the District Court Administrator shall establish

the number of arbitration periods and boards to be constituted each year.

(3) An arbitrator may serve consecutive appointment terms but the Committee shall

endeavor to rotate attorney assignments so that all qualified attorneys who wish to serve as arbitrators

have an equal opportunity to serve.

(4) Each Board shall sit for a one week period. The arbitration schedule shall be published to

the Court’s webpage.

(5) Substitution of Arbitrators. In the event that an arbitrator cannot serve due to a conflict

or illness or for any reason, the arbitrator may be replaced by any member of the Panel of Arbitrators

willing to so serve. The replacement arbitrator shall be obtained by the arbitrator who cannot serve or if

the arbitrator who cannot serve is unable to obtain a replacement, then by the Chairperson.

Rule 1303 Procedure for Scheduling and Holding Arbitrations.

(a) Duty of District Court Administrator. The District Court Administrator shall maintain a

monthly list of all actions for arbitration in the order in which they are placed at issue. The District Court

Administrator shall assign all cases listed in a calendar month to the Arbitration Board scheduled to sit in

the second month after the month of listing or in the month selected by the parties.

(b) Duty of Arbitration Board Chairperson. The Arbitration Board Chairperson shall organize

the cases to be heard during the week into a list and send a copy of the list to all attorneys and pro se

parties involved in the cases. The list shall indicate the date, time, and place of each hearing.

these rules, or the composition of the board, first by informally notifying the District Court Administrator

in writing, with notice to opposing counsel. Within three days of such informal notice, the party raising

the question shall file with the court a written motion based on such question, and shall specify the relief

requested. The court shall decide such motion before the case is heard by the board. Failure to raise such

questions within ten days of receipt of a notice of such appointment, constitutes a waiver of those issues.

(d) Continuance by parties. Once the case has been scheduled for a hearing and the parties

notified as provided in subsection (b) hereof, there shall be no unilateral continuance. A request of a

party or counsel for continuance of such scheduled hearing shall be granted only by the Chairperson of

the Board to a specific date, time and place, and notice thereof shall be given by the Chairperson to all

parties, board members and the District Court Administrator. At the discretion of the Chairperson, a

continued arbitration hearing may be held at a suitable, neutral location away from the assigned hearing

location, such as a law office conference room, provided that the location is not more than five miles from

the Judicial Center. For any case in which a continued hearing cannot be held within twenty days of the

date originally scheduled date, the Chairperson shall direct the removal from the Arbitration List without

prejudice to any party to relist the matter again.

(e) Removing matter from arbitration. No party shall unilaterally remove a matter from the

arbitration list without leave of court. Voluntary non-suits shall be in accordance with Pa.R.C.P. 1304(a).

(f) Settlement, voluntary non-suit, summary judgment. In cases of settlement, voluntary non-suit

and summary judgment, arising after a case has been scheduled, the parties or counsel shall notify the

chairperson, whereupon the board shall enter an award in conformance therewith.

(g) Procedure after board convened. Once a board has been convened, the procedure shall follow

Pa.R.C.P. No. 1303(b).

(h) Inability of Board to hear all assigned cases. If a Board cannot hear all assigned cases, it

shall return the unheard cases to the District Court Administrator for assignment to a subsequent

arbitration board.

(i) Overload. If the District Court Administrator determines that the number of referred

arbitration cases exceeds the ability of the Boards to hear them so that hearings are being delayed beyond

ninety days from reference, he shall meet with the Arbitration Committee, and additional arbitration

boards shall be assigned from the arbitration panel members to hear the excess cases as soon as possible.

Rule 1305 Pre-Hearing Procedures.

(a) Prior conference of counsel. Counsel shall confer in person, in advance of the hearing before

the board of arbitrators, to accomplish the following purposes:

(1) Lists and marking of exhibits. Examine, mark and list all exhibits which any of them

may intend to introduce at the hearing, whether in the case in chief or in rebuttal. Only exhibits so listed

and marked shall be offered in evidence at the hearing, except for good cause shown.

(2) Admissibility of exhibits. Agree so far as possible as to the authenticity and

admissibility of such exhibits and note briefly the grounds for objection to any exhibits not so agreed

upon, and counsel for the plaintiff shall keep a record of such objections and grounds therefor;

(3) Statement of contested issues. Agree so far as possible as to the rules of law governing

the case, and identify contested issues of law, if any;

(4) Statement of uncontested facts. Agree so far as possible as to the facts. If the

incontestability of any fact is challenged, the party objecting, and the grounds for the objection, shall be

identified. No testimony will be taken on facts not in dispute.

(b) Arranging conference of counsel. Counsel for the plaintiff shall be responsible for arranging

the conference between counsel before the hearing. The conference between counsel shall be held at least

two weeks prior to hearing at the office of counsel for the plaintiff; provided, however, that if plaintiff's

counsel has no office in York County, the conference shall be held at the office of counsel for the

defendant.

all witnesses expected to be called at the arbitration hearing, the contested issues, and stipulations of facts.

The statement shall be presented to each arbitrator at the start of the arbitration.

(d) Sanctions: The Chairperson has the authority to impose appropriate sanctions for violation

of this rule, including but not limited to, precluding use of exhibits or witnesses.

Rule 1306 Report and Award.

The Chairperson of the board of arbitration shall file a report with the Prothonotary, which shall

contain an award, within ten days after hearing, unless the court upon application of the board shall

extend the time for filing. The report shall be signed by all or a majority of the arbitrators on the board.

The Prothonotary shall provide notice of the report and award in accordance with Pa.R.C.P.236. The

report and award shall be substantially in the form of a verdict of a jury, and need not contain a recital of

facts, nor a statement of reasons for the action taken by the board.

Rule 1308 Compensation of Arbitrators.

(a) Amount. The Chairperson and each member of the board of arbitrators, who has signed a

report, or files a minority report, shall be paid by the County for their services fees as may be established

from time to time by the President Judge and published by administrative order.

(b) Complex cases. In cases requiring hearings of unusual duration or involving questions of

unusual complexity, the court, on petition of the board, and for cause shown, may allow additional

compensation. The court may also, on petition of any party to a case, on cause shown and to prevent

injustice, reduce the amount of such compensation, or disallow compensation entirely. To the extent that

additional compensation is ordered, such compensation shall be paid by the County, in such amount as

the court shall direct.

receive their compensation only upon filing with the Prothonotary awards for all cases heard by them.

When all awards are filed, the Prothonotary shall issue an order for payment of such compensation, which

shall be immediately paid from county funds. Compensation paid to arbitrators shall not be taxed as costs

nor follow the award as other costs.

(d) Compensation for a substitute arbitrator. The compensation of the replacement arbitrator shall

be adjusted from the compensation of the replaced arbitrator, as agreed between the two arbitrators. The

Chairperson shall designate the compensation to be paid to the arbitrator who cannot serve and the

replacement arbitrator and the Prothonotary shall pay the arbitrators pursuant to that designation by the

Chairperson.

(1) Request for Payment and to Record Chairperson’s Arbitration Term Report. Within

thirty days following the end of an arbitration period, the Arbitration Chairperson for the Board shall file

a request for payment with the Prothonotary, in the form prescribed by the District Court Administrator in

consultation with the Committee, along with a Chairperson’s Term Report specifying the number of cases

scheduled, the number continued, the number settled without hearing, the number heard, instances of an

arbitrator’s failure to serve, and any other pertinent information relating to scheduling or process.

(2) The Prothonotary shall open a miscellaneous docket each year for the filing of all requests

for payments and Term Reports detailing the number of cases processed in arbitration program during

that calendar year.

(e) Appeal in matter arbitrated without complaint. In actions referred to arbitration by an

agreement of reference without the filing of a complaint, and if taken by a plaintiff, shall be accompanied

by a complaint, and if taken by a defendant, shall be accompanied by a rule of the plaintiff to file a

complaint.

Rule 1311.1(b) Procedure on Appeal Admission of Documentary Evidence.

(1) At least ten days prior to the first day of trial, the parties shall examine the official court

record to ascertain that any exhibits to be admitted pursuant to this rule are in the court file.

(2) In the event that any exhibit is not in the file, the party offering that exhibit shall produce the

exhibit at the time of trial.

EQUITABLE RELIEF

Rule 1531.1 Special Relief. Injunctions.

(a) No application seeking special relief, a preliminary injunction or special injunction shall be

filed unless a complaint has been filed prior to or concurrently with the filing of the application, unless

the application involves freedom of expression or a labor dispute.

(b) An application for preliminary injunction or special injunction shall be in such form and

contain the information required by York R.C.P. 205.2. The application shall be filed in accordance with

the requirements set forth in York R.C.P. 205.1, and the applicant shall cause a copy of the application to

be given to the Court Administrator for assignment to a judge.

(1) A copy of the complaint that commenced the action shall accompany the copy of the

application for relief delivered to the Court Administrator, but shall not be attached to it.

(2) The application for a preliminary or special injunction shall clearly state whether the

relief is being sought without notice and a hearing, and if so, shall clearly state the reasons for requesting

ex-parte relief.

(3) If the application for a preliminary or special injunction is not being presented ex-parte,

copies of all pleadings and proposed orders shall be delivered to all other parties as soon as practicable

and, if possible, before the application is presented to the Court. The application shall clearly state what

notice was given to all other parties to the action, and if no notice was given to a party, shall clearly state

the action taken in an attempt to notify a party.

(4) An affidavit of the petitioner and any parties or third persons shall be filed with the

application for preliminary or special injunction.

(5) The affidavits shall address each element necessary to establish the petitioner’s

entitlement to relief.

relief that the court is being asked to grant shall accompany the copy of the application for relief given to

the Court Administrator, but shall not be attached to it.

(d) Counsel filing an application for ex-parte relief shall be prepared to personally present the

application to the assigned judge.

Rule 1531.2 Injunctions - Hearings.

(a) All parties shall prepare and present, at the time of the hearing, proposed findings of fact and

conclusions of law.

(b) All parties shall be prepared to calculate the amount of a bond, if any, and shall be prepared

to explain the calculation to the court at the time of the hearing.

PARTITION OF REAL PROPERTY

Rule 1557 Partition of Real Property.

(a) At any time after the pleadings are closed, any party may file a motion for an order directing

partition because of default or admission in the pleadings. The motion shall be in such form and contain

the information required by York R.C.P. 205.2. The motion shall be filed pursuant to York R.C.P. 205.1

and York R.C.P. 208.3(a).

(b) If there be no default or admission in the pleadings, any party may file a motion requesting

that the Court determine whether an order directing partition should be entered either with or without a

hearing. The motion shall be in such form and contain the information required by York R.C.P. 205.2.

The motion shall be filed pursuant to York R.C.P. 205.1 and York R.C.P. 208.3(a), but the motion need

not be presented to the court at a session of motions court.

Court for appointment of a master and a plan for the compensation of any master so appointed.

ACTIONS FOR SUPPORT

Rule 1910.4 Commencement of Action. Fee.

When the moving party files a complaint to commence an action for alimony pendente lite (APL), the

filing party must include a fully executed background for APL form as prescribed by the domestic

relations section and available at the domestic relations section office.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Rule 1915.3 Commencement of Action. Complaint. Order.

(A) The moving party shall file complaints and petitions with the prothonotary. The moving party

shall then present to the district court administrator a copy of the filing bearing the prothonotary’s time-stamp, along with proof of payment to the prothonotary of any required fee.

(B) Custody complaints, petitions for modification of a custody order and first petitions for

contempt of a custody order shall be heard by a conciliator.

(1) When presented by the moving party, the district court administrator will assign a

conciliator and provide the moving party with an order scheduling a conciliation conference.

(2) The district court administrator shall immediately file the order with the prothonotary.

(3) The prothonotary shall provide to the moving party a sufficient number of time-stamped copies of the order for the moving party to serve with the complaint or petition on all other

parties.

(4) The moving party shall serve copies of the pleading and scheduling order on all other

parties pursuant to Pa.R.C.P. No. 1930.4. All copies shall bear the time-stamp of the prothonotary.

petitions for special relief shall be heard in motions court.

(1) Pursuant to York R.C.P. 208.3(A), the moving party shall complete a notice of

presentment at least five (5) days in advance of the intended motions court date.

(2) The moving party shall file an original and one copy of the motion and an original and

one copy of the notice of presentment with the prothonotary. The prothonotary shall time-stamp all

documents, retain the original of the motion and the original of the notice of presentment for docketing,

and provide the copy of the motion and the copy of the notice of presentment to the motions court judge.

(3) The moving party shall also obtain the prothonotary's time-stamp on a sufficient

number of additional copies of the motion and notice of presentment, which the moving party shall serve

on all parties pursuant to Pa. R.C.P. No. 1930.4.

Rule 1915.4 Prompt Disposition of Custody Cases.

(A) If the parties are unable to agree to a resolution, the court may issue an interim order and shall

issue an order scheduling a pre-trial conference, at which time counsel and all parties shall be present.

(B) The failure of a party to comply with any pre-trial order shall not be sufficient basis to

prevent the scheduling of the pre-trial conference with the court. Rather, the court may take such dilatory

actions into account when assessing costs and counsel fees, imposition of other appropriate sanctions, and

entry of a final order.

Rule 1915.4-3 Non-Record Proceedings.

(A) Conference. In the event the conciliation lasts more than one hour or a subsequent

conciliation is held, the conciliator may address the issue of the assessment of an additional fee, which

shall be added to the costs.

(B) Attendance. All parties are mandated to be present and available at the conciliation

conference. Failure of a party to appear at the conference may provide grounds for the entry of a

temporary or final order. Conciliation shall commence at the designated time with or without counsel for

the parties being present.

requesting the continuance shall be responsible for arranging such continuance, which shall include the

preparation of an application for continuance in the standard form approved by the court, which includes

a proposed order for the change of conference date. The application shall be presented to the conciliator

not less than two business days prior to the conference. Absent consent by all parties, the rescheduled

conference shall be held within twenty days of the originally scheduled date.

(D) Memorandum by Parties. Each party shall file a conciliation memorandum with the

prothonotary at least three business days prior to the date of the conciliation conference. The

memorandum shall be substantially in the form published on the York County website and available at

the court self-help center. The memorandum filed by each party shall address the following:

(1) proposed order (this should be the same relief that is set forth in the complaint filed by

the moving party);

(2) names and addresses of factual witnesses;

(3) names and addresses of expert witnesses;

(4) issues for resolution;

(5) estimated length of trial;

(6) whether a home study is requested; and

(7) whether the party will agree to a joint psychologist for evaluation or requests

psychological evaluations.

Rule 1915.4-4 Pre-Trial Procedures.

All parties or counsel shall meet at least two (2) weeks prior to trial for the purpose of drafting a

comprehensive joint statement of stipulated facts and issues. The parties shall file the joint statement of

stipulated facts and issues with the prothonotary at least one (1) week prior to trial, unless otherwise

directed by the court. The stipulation shall consider the factors enumerated in 23 Pa.C.S. § 5328.

Rule 1915.5 Question of Jurisdiction, Venue or Standing.

Preliminary objections and other requests for special relief filed to raise a question of jurisdiction,

venue, or standing shall be addressed first by the motions court judge and must be filed pursuant to York

R.C.P. 208.3(A).

Rule 1915.7 Consent Order.

(A) Parties do not have to be present before the court to enter a stipulation/agreement. Parties

shall file with the prothonotary an original and one (1) copy of the stipulation/agreement and an original

and one (1) copy of a motion requesting the court to adopt the stipulation/agreement. The moving party

shall also provide to the prothonotary an original proposed order.

(B) The prothonotary shall time-stamp all documents except the proposed order, retain the

original stipulation/agreement and the original motion for docketing, and provide the copy of the

stipulation/agreement, the copy of the motion, and the proposed order to the court.

(1) If the stipulation/agreement pertains to an existing docketed case with an open action

already assigned to a judge, the prothonotary shall provide the documents to the assigned judge.

(2) If the stipulation/agreement initiates a new custody action, or it pertains to an existing

docketed case that does not have an open action already assigned to a judge:

(a) the filing party shall pay any required filing fee to the prothonotary;

(b) the filing party shall also file a criminal record/abuse history verification form for

each party to the action, as well as for any other required individuals;

appearance form executed by each self-represented party; and

(d) the prothonotary shall provide the documents to the administrative judge of the

family division.

additional copies of the stipulation/agreement and motion, which the filing party shall serve upon all

parties pursuant to Pa.R.C.P. No. 1930.4.

(D) The prothonotary shall serve a time-stamped copy of the court's signed order upon all parties.

Rule 1915.11 Appointment of Attorney for Child.

Any motion of a party to appoint an attorney for the child shall be presented to the district court

administrator pursuant to York R.C.P. 208.3(A). A list of approved attorneys is available through the

prothonotary’s office.

Rule 1915.11-1 Parenting Coordination.

A parenting coordination program shall commence on or after March 1, 2019 by administrative

order. A list of approved coordinators shall be maintained by the court. Interested attorneys and mental

health professionals meeting the eligibility criteria are required to apply when the court advertises for

parenting coordinator openings. Appointments of qualified individuals to the parenting coordinator list

shall be made at the frequency and discretion of the president judge. The hourly rate and list of approved

parenting coordinators shall be set by administrative order and may be updated from time to time. When

parties qualify due to in forma pauperis status and/or limited means and it is so ordered, the qualifying

party may pay a reduced fee as set by administrative order.

Rule 1915.11-2 Appointment of Guardian Ad Litem.

Any motion of a party to appoint a guardian ad litem (GAL) for the child shall be presented to the

district court administrator pursuant to York R.C.P. 208.3(A). A list of approved custody GALs is

available through the prothonotary’s office.

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE

Rule 1920.33 Joinder of Related Claims. Equitable Division. Enforcement.

(A) Filing of Inventories. The name of the account holder and the last four (4) digits of the

account number shall be used to identify assets such as investment accounts, bank accounts, insurance

policies, retirement accounts, and the like.

(B) Pretrial Statements.

(1) The parties shall file pre-trial statements with the prothonotary. The pre-trial statement

shall be in chart form with assets listed by category in the same order as found on the master's

memorandum. Failure to comply with these requirements may lead to the imposition of sanctions against

the non-complying party. The pre-trial statement shall list all exhibits that will be proffered at trial. Each

exhibit shall be described concisely so that it can be easily identified.

(2) Filing Date. The pre-trial statement shall be filed no less than fifteen (15) days prior to

the settlement conference.

Rule 1920.51 Appointment of Master. Notice of Hearing.

(A) Cases in Which a Master May Be Appointed. A hearing master may be appointed to hear all

matters authorized by Pa.R.C.P. No. 1920.51, including discovery disputes, except child support, partial

custody or visitation.

(B) Procedure to Appoint a Master.

(1) The moving party shall present to the prothonotary the original and one (1) copy of a

motion to appoint a master. If the moving party seeks appointment of a master solely to address a

discovery issue, the filing party must include as an attachment to the motion to appoint a master a fully

executed discovery status conference information sheet as prescribed by the master.

(2) The moving party shall pay any required filing fee. The court may limit the number of

hours of the master's time that will be provided, and may impose additional fees if the parties exceed the

time allotted. Fees shall be regarded as costs of the case, and the master may recommend that either party

bear those costs or reimburse the other party in full or in part for fees previously paid.

(3) The moving party shall also obtain the prothonotary's time-stamp on a sufficient

number of additional copies of the motion, which the moving party shall serve on all parties pursuant to

Pa.R.C.P. No. 1930.4.

(4) The prothonotary shall serve the copy of the motion upon the master.

(5) The court shall issue an order appointing a master and an order to schedule such further

proceedings as may be necessary. The master shall file both orders with the prothonotary.

(6) The prothonotary shall serve copies of the appointment and scheduling orders and

divorce master memoranda upon all parties.

withdrawn after the appointment has been made by the court, the party who paid the fees specified in this

subsection may petition the court for the return of the fees less fifty dollars ($50.00), provided that no

initial conference has been held and written notice of discontinuance or revocation of the appointment of

a master has been delivered to the master no less than fifteen (15) days in advance of the first scheduled

proceeding.

(D) Certification that discovery is substantially complete. In all cases except for discovery

appointments, the moving party shall certify in the motion to appoint that discovery is substantially

complete with respect to the claims being presented to the master. Failure to comply with this

requirement may result in the denial of the motion or rescission of the appointment. “Substantially

complete” means that both parties have all documents and other information necessary to proceed to trial,

except for recent pay statements, updated account statements, and proof of change of circumstances that

may be provided before the hearing.

(E) Scheduling of Preliminary Proceedings and Hearings Before the Master.

(1) Attendance at Conferences. Both parties and their counsel shall attend all conferences

unless excused in advance by the master. A request for a party to be excused or for a party to participate

by electronic means must be made in writing and delivered to opposing counsel and to the master no less

five (5) business days in advance of the scheduled conference. Failure of any party or counsel to attend a

scheduled proceeding before the master may subject the offending party or attorney to appropriate

sanctions, which may include a monetary penalty. Furthermore, the master may proceed with the

conference or hearing without the participation of that party provided written notice of the conference or

hearing had been given.

(2) Continuance Requests. All continuance requests shall be made on the application for

continuance form promulgated by the court. The response and signature of opposing counsel should be

included on the form. Any request for continuance shall be filed with the prothonotary in accordance

with York R.C.P. 208.3(A) and the directions set forth within the form.

(3) Sanctions by Masters. If either party fails to comply with the discovery deadlines

established by the master in the preliminary conference memorandum or otherwise:

(a) the master, on motion of the adverse party or sua sponte, may continue the matter

until discovery is complete and/or recommend any sanction outlined in Pa.R.C.P. No. 1920.33(d) or

Pa.R.C.P. No. 4019(c)(1), (2), (3), or (5); and

(b) the aggrieved party may elect to file, pursuant to York R.C.P. 208.3(A), a motion

in motions court for a protective order, or to compel discovery in accordance with the master's directive

or otherwise. The court may, either on the recommendation of the master, request of a party or sua

sponte, impose counsel fees against the non-complying party if the court sustains the master's discovery

directive and the requested information was not provided prior to the presentation of the motion to

compel.

Rule 1920.55-2 Master’s Report. Notice. Exceptions. Final Decree.

(A) At the conclusion of any master's hearing in which it appears the action remains contested,

the master shall direct the court reporter to prepare and file with the prothonotary a transcript of the

proceedings within thirty (30) days.

(B) After conclusion of any hearing, the master shall file the record and a written report and

recommendation in accordance with Pa.R.C.P. No. 1920.55-2(a). The master shall file the original with

the prothonotary for docketing and shall provide copies to the district court administrator and all parties.

(1) If any party timely files exceptions to the master's report pursuant to York R.C.P.

208.3(B), the moving parties and respondents shall cite to the page numbers of the transcript that support

their respective positions on all issues raised by the exceptions and responses, and shall include any

proposed order. Upon expiration of the time for filing exceptions and responses, the district court

administrator shall assign the matter to a judge and provide to the judge the master's report and

recommendation, and all exceptions, responses and proposed orders filed by the parties. The judge shall

dispose of the exceptions and issue a final decree.

(2) If no party timely files exceptions to the master's report, the district court administrator

shall assign the matter to a judge and provide to the judge the master's report and recommendation. The

judge shall issue a final decree.

VOLUNTARY MEDIATION IN CUSTODY ACTIONS

Rule 1940.4 Minimum Qualifications of the Mediator. Selection of Mediators. Training.

Mediation Training Requirements: In addition to any requirements in Pa.R.C.P. No. 1940.4,

persons selected as mediators must have fulfilled the requirements of a recognized organization of family

mediators, (which shall include at least forty (40) hours of approved training in family law mediation), or

have received thirty (30) hours of Custody Mediation Training approved by the court.

Rule 1940.7 Mediator Compensation.

The compensation rate for mediators shall be set by administrative order. Parties who have been

granted in forma pauperis status shall be required to pay a reduced fee of 10% of the compensation rate.

MINORS AS PARTIES

Rule 2039.1 Compromise, Settlement, Discontinuance and Distribution.

(a) No action to which a minor is a party shall be compromised, settled, or discontinued except

with court approval pursuant to a petition presented by the guardian of the minor and a hearing before the

court.

(b) If an action has been commenced the petition shall be filed with Prothonotary and a copy

provided to the District Court Administrator for assignment to a judge.

Court, which shall present it to the judge handling Orphans Court matters.

(d) The petition shall contain the following:

(1) The minor's name;

(2) The names and addresses of the minor's parents. If they are unknown the petition shall

so state;

(3) Written approval of the minor if the minor is over the age of 16 years;

(4) Whether a guardian has been appointed for the minor by the Orphans Court of this or

any other jurisdiction;

(5) The defendant's residence or place of business;

(6) A summary of the facts of the case;

(7) A statement under oath by the parents and/or guardians certifying the physical

condition of the minor and a statement of the reasons why the parents and/or guardians approve of the

settlement;

(8) A report from a physician, or other documentation, setting forth the physical and/or

mental condition of the minor and a prognosis;

(9) A specific list of costs sought to be reimbursed from the gross settlement;

(10) A statement as to the reasonableness of counsel fees. Counsel fees must be based upon

the settlement amount. Under normal circumstances, 25% of the settlement amount will be presumed to

be reasonable. The presumption is rebuttable at the hearing. Counsel fees shall be reduced by fees

received, if any, as a result of counsel’s "representing" the defendants in any subrogation claims;

(11) Whether any additional counsel fees were paid or will be paid as a result of

representation of the defendants and subrogation claims;

(12) Sufficient reasons and legal authority for any request that funds be allocated to the

parents of a deceased plaintiff, if applicable;

(13) Sufficient reasons for any request of allocation of the settlement proceeds among the

children of the deceased plaintiff, if applicable;

(14) A statement of any actual or potential Department of Public Welfare liens and how

such liens have been resolved; and

(15) Any special request for early distribution, alternative deposit of funds, or other

deviation from the order as set forth in York R.C.P. 2039.2(b) shall be stated in the petition with

supporting justification for the special request. Counsel shall be prepared to address the necessity for the

special request at the time of the hearing.

(e) At the time of the hearing, counsel for petitioner shall present a proposed order substantially

in the form set forth in York R.C.P. 2039.2(b).

(f) Within 14 days of receipt of settlement proceeds, counsel for petitioner shall cause the funds

belonging to the minor to be deposited as directed by the court’s final order approving the compromise

and settlement and directing distribution.

(g) Within 14 days of depositing the funds belonging to the minor, counsel for petitioner shall

file proof of deposit by way of an affidavit substantially in the form set forth in York R.C.P. 2039.2 (c).

Rule 2039.2 Order Scheduling Hearing, Final Order, and Affidavit of Deposit.

(a) The order scheduling a hearing on the compromise or settlement of an action in which a

minor is a party shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

[CAPTION]

ORDER

SCHEDULING A HEARING ON THE COMPROMISE OR SETTLEMENT OF AN

ACTION IN WHICH A MINOR IS A PARTY

AND NOW, this _________ day of __________________ 20__, a hearing on the Petition is hereby

scheduled before the undersigned Judge on ___________________, _______________, 200____,

beginning at ___________ __. m. In Courtroom No. ___, ___th Floor, York County Judicial Center, 45

North George Street, York, PA 17401.

The Petition shall comply with the requirements of York R.C.P. 2039.1(d), or if the Petition does

not set forth the requirements of York R.C.P. 2039.1(d), the Petitioner shall establish those requirements

at the time of the hearing.

At the time of the hearing, counsel for the Petitioner shall present a proposed Order approving

settlement substantially in the form as set forth in York R.C.P. 2039.2(b).

The Prothonotary shall provide copies of this Order with Attachments to ____________________,

Esquire, attorney for the Petitioner.

BY THE COURT,

_________________________

, Judge

(b) The order approving the compromise and settlement and distribution shall be substantially in

the following form:

IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

[CAPTION]

ORDER APPROVING COMPROMISE, SETTLEMENT

AND DISTRIBUTION

AND NOW, this _________ day of __________________ 20__, upon consideration of the Petition For

Leave To Compromise/Settle An Action Involving A Minor, it is hereby ordered that Petitioner is

authorized to enter into a settlement with the Defendant in a gross amount of

$_________________________ on behalf of the minor. Defendant shall forward all settlement drafts or

checks to Petitioner’s counsel for proper distribution.

The settlement proceeds shall be allocated as follows:

A. To: ___________________, (Minor’s Name), a Minor $______________

B. To: ___________________, (Minor's Name), a Minor $______________

IT IS FURTHER ORDERED that the settlement proceeds be distributed as follows:

A. To: ____________________, Esquire, (Name of Counsel)

Costs $_________________

Counsel Fees $_________________

B. The balance of the settlement proceeds, the sum of $_________________

as follows:

1. _________________________________________

2. _________________________________________

and any interest thereon, payable to the minor, or minors in a pro-rata share as set forth above.

Within 14 days of receipt of the settlement proceeds, COUNSEL, and not the parent(s) or

guardian(s) of the minor, is hereby authorized and specifically DIRECTED to execute all documentation

necessary to deposit the funds belonging to the minor into an interest bearing savings account or savings

certificate in a federally insured financial institution having an office in York County, IN THE NAME OF

THE MINOR ONLY. The savings account or certificate shall be marked as hereinafter directed.

The savings account shall be titled and restricted as follows:

(Minor’s Name), a minor, not to be withdrawn before minor attains majority or upon prior Order of Court.

The savings certificate shall be titled and restricted as follows:

(Minor’s Name), a minor, not to be redeemed except for renewal in its entirety, nor to be

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

prior Order of Court.

If no withdrawals are made from the investments authorized by this Order, the depository may pay

over the balance on deposit when the minor attains majority, as defined with reference to 20 Pa.C.S.A. §

102, upon the order of the late minor, without further Order of this Court.

Counsel shall file with the Prothonotary of York County within 14 days from the date of deposit of

the funds proof of the establishment of the accounts as required herein, by Affidavit from counsel

certifying compliance with this Order. Counsel shall attach to the Affidavit a copy of this Order as well

as a copy of the Certificate of Deposit or bank account showing the amount deposited and containing the

required restrictions. The Affidavit shall further contain a specific averment by counsel that counsel, and

not the parent(s) and/or guardian(s) of the minor, established the account(s) and deposited the funds

therein as directed above and that counsel has provided to the financial institution a certified copy of this

Order. The Affidavit shall be substantially in the form as set forth in York R.C.P. 2039.2 (c).

The Prothonotary shall provide copies of this Order to ____________________, Esquire, attorney

for the Petitioner, and to ___________________________.

BY THE COURT,

_________________________,

Judge

IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

[CAPTION]

AFFIDAVIT OF DEPOSIT OF MINOR’S FUNDS

COMMONWEALTH OF PENNSYLVANIA:

: ss:

COUNTY OF YORK:

I, _____________________________, being duly sworn according to law depose and say:

1. I am counsel for petitioner in the above captioned matter.

2. I am authorized to make this affidavit on behalf of________________.

3. On __________________, 200__, the sum of $_________________ was deposited into an

insured, interest-bearing Savings Account/Certificate of Deposit, No. ____________________, with

________________________ (financial institution) pursuant to the Court Order entered

__________________.

4. Account/Certificate No._______ is entitled, ___________________, A Minor.

5. The express prohibition of withdrawals of income or principal prior to __________________

without FURTHER ORDER OF COURT has been noted on the depository’s records and on the

passbook/certificate.

6. A certified copy of the above referenced Court Order was provided to the above named

financial institution.

Name:___________________________

Signature:________________________

Sworn to and subscribed before me

this______ day of ________________,

200____.

_______________________________

Notary Public

CONFESSION OF JUDGMENT FOR MONEY

Rule 2959 Striking Off or Opening Judgment; Pleadings; Procedure.

In the absence of a court order or other rule of procedure to the contrary, the plaintiff shall file an

answer to a petition to strike off or open a judgment by confession within twenty (20) days after service

of a rule to show cause issued pursuant to Pa.R.C.P. No. 2959(b).

ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

Rule 3123.1 Claim for Exemption or Immunity of Property.

(a) Any person not a party who claims an interest in property attached pursuant to Pa.R.C.P. No.

3108(a) may intervene in the garnishment proceedings by filing a property claim with the Sheriff.

(b) The property claim shall be in the form as set forth in Pa.R.C.P. No. 3258.

No. 3123 (relating to debtor's exemption). The matter shall proceed as set forth in Pa.R.C.P. No. 3123.1

(relating to claims for exemption and prompt hearings).

Rule 3127 Right of Sheriff to Break and Enter.

In any application made to the Court to permit the Sheriff to break and enter a premises, the

proposed order shall state the address of the premises to be entered and shall describe whether the

premises is a commercial or residential establishment.

Rule 3129 Calculation of Poundage by Sheriff.

If a writ of execution is stayed after the Sheriff has served or attempt to serve the writ, poundage

will be calculated based upon the face amount of the writ unless the plaintiff files an affidavit with the

Prothonotary and provides a clocked in copy to the Sheriff within three (3) business days of the writ being

stayed, which affidavit sets forth the actual amount paid or to be paid to the plaintiff in the case or in kind

as consideration for the writ being stayed or for satisfying the judgment. If such affidavit is filed, the

Sheriff's poundage will be calculated based upon the consideration set forth in the affidavit.

Rule 3129.1 Notice to Internal Revenue Service.

In any case where notice is required to be given to the Internal Revenue Service, in accordance with

the provisions of the Federal Tax Lien Act of 1966, 26 U.S.C. Section 7425, (b) and (c), a copy of such

notice certified by counsel to be a correct copy and indicating the date of service upon or delivery to the

Internal Revenue Service shall be filed with the Sheriff prior to the date fixed for the sale.

Rule 3136(f) Exceptions to Sheriff's Sale.

Exceptions to the proposed schedule of distribution from a Sheriff's sale filed pursuant to Pa.R.C.P.

No. 3136(d) shall be resolved by one-judge disposition pursuant to York R.C.P. 208.3(b).

DEPOSITIONS AND DISCOVERY

Rule 4007.1 Procedure in Deposition by Oral Examination.

Depositions by oral examination shall be taken in York County unless all parties agree or the Court

directs otherwise.

MATTERS INVOLVING GOVERNMENTAL ACTION

Rule 5010 Actions Involving Appeals from Department of Transportation Determinations:

(a) The Court Administrator shall establish and publish periodic dates and times during which

the Court will sit to hear appeals from determinations of the Pennsylvania Department of Transportation

(PennDOT) pursuant to 75 Pa.C.S. §1377, 1550 and 4724.

(b) A separate appeal shall be taken from each determination made by the Department of

Transportation.

shall conform to the requirements of York R.C.P. 205.1 and 205.2, and shall be filed in the Office of the

Prothonotary.

(1) The application shall be verified.

(2) The party filing the application shall serve PennDOT with a copy of the application and

cause a copy of the application, along with an original detached proposed order to schedule a hearing, to

be delivered to the Court Administrator.

(d) The Court Administrator shall assign the application to a judge for disposition during a

session of court established to resolve such applications. An application shall not be scheduled for a

hearing date which is less than two months from the date of filing.

Rule 5030 Proceedings to Forfeit Property.

(a) All applications to forfeit property filed pursuant to 42 Pa.C.S. Sec. 6801 shall be filed in the

Clerk of Courts.

(1) Applications requesting forfeiture of property shall conform to the requirements of 42

Pa.C.S. Sec. 6802.

(2) Applications requesting forfeiture of property shall have in the caption a cross

reference to the related criminal case, if any, including the criminal defendant’s name and case number.

(3) The applications shall specifically describe the property to be forfeited, and, in the case

of real property, shall describe the property sufficiently to locate the property on the ground.

(b) An application to forfeit property shall be assigned to the judge assigned to the related

criminal case, and if no judge is yet assigned, then to the Administrative Judge of the Criminal Division.

request for a trial by judge or jury, indicating the name of the assigned judge on the written request and

shall serve a copy on the opposing party and the District Court Administrator.

(d) Arbitration as provided in York R.C.P. 1301 et seq. shall not be applicable to matters

involving forfeiture of property.

Rule 5050 Determinations Concerning Firearms.

(a) An application to the Court which has the effect of appealing or reviewing any determination

of the Sheriff, chief of police, county Treasurer or other official concerning firearms pursuant to 18

Pa.C.S. Sec. 6105.1 or 18 Pa.C.S. Sec. 6114 concerning hearings and judicial review of actions

concerning firearms, shall conform to the requirements of York R.C.P. 205.1 and 205.2, and shall be filed

in the Office of the Prothonotary.

(1) The application shall be verified.

(2) The party filing the application shall serve the official whose determination is being

appealed with a copy of the application and cause a copy of the application, along with an original

proposed order to schedule a hearing, to be delivered to the Court Administrator, who shall thereafter

assign the matter to a judge for disposition.

(b) The judge to whom the matter is assigned shall promptly schedule a hearing upon the issues

presented. The hearing may be conducted with or without a pre-hearing conference.

Rule 5070 Exceptions from Determinations of Governmental Actions or Sales of Property.

(a) Exceptions shall conform to the requirements of York R.C.P. 205.2 and shall be numbered

consecutively.

(b) Each exception shall specifically set forth the ground therefor but shall not contain any

discussion.

specify the finding or conclusion which the exceptant claims should have been made.

(d) References to the record or transcript of proceedings which support or oppose exceptions

shall be included.

(e) Exceptions shall be decided by one judge pursuant to York R.C.P. 208(3)(b), unless

additional testimony or evidence is required to decide the exceptions, in which case, a party requesting a

hearing shall file a praecipe requesting such and cause a copy of the praecipe to be transmitted to the

Court Administrator for assignment to a judge.

Rule 5090 Appeals from Determination of Open Records Appeals Officer

(1) This Rule applies to appeals filed in response to the determination of appeals officer relating

to a decision of a local agency. See 65 P.S. § 67.1302.

(2) The party seeking to appeal shall file a timely Petition for Review which shall contain the

following:

(a) The name(s) and address(es) of the party filing the appeal;

(b) The name(s) and address(es) of the local agency upon whom the initial request was

served;

(d) A copy of the written determination issued by the appeals officer; and

(e) A concise statement of the reasons for appeal.

(3) A copy of the Petition for Review shall be served upon the local agency and the appeals

officer by the appellant via certified United States postage, return receipt requested, postage prepaid. The

appellant shall file proof of service within 10 days of filing the Petition for Review. If no proof of service

has been filed within 10 days, the Court shall issue a Rule to Show Cause providing appellant 10 days to

either file the required proof of service or show good cause as to why the proof of service could not be

filed. Appellant’s failure to comply with the Rule to Show Cause shall result in the decision of the

appeals officer being affirmed.

(4) Upon the filing of a Petition for Review controlled by this Rule, the Administrative Office of

York County Courts shall immediately assign the Petition for Review to a judge assigned to the Civil

Division.

(5) The local agency, Office of Open Records and/or requestor, as appropriate, may, but is not

required to file a response to the Petition for Review. Any response filed shall comply with the

requirements of York R.Civ.P. 205.2(a) and may contain a concise statement in response to the concise

statement set forth in the Petition for Review.

(6) The local agency shall file the record set forth in 65 P.S. § 67.1303 of record within 20 days

of being served with the Petition for Review. A local agency may request an extension of time for filing

the record upon good cause shown. The failure of the local agency to file the record as directed herein

may subject the local agency to sanctions as set forth in 65 P.S. § 67.1304(c) and/or § 67.1305(b).

(7) The Court shall issue its decision in accordance with 65 P.S. § 67.1302(a) within 30 days of

the later of: a) the filing of the proof of service as set forth in section (3), above; or b) the filing of the

record as set forth in section (6), above. In complex matters, the Court may extend the time for issuing its

decision for an additional 30 days, but must include the complexities which necessitated the extension as

part of its decision. If the Court has not issued a decision within this timeframe, the appeal shall be

deemed denied by operation of law.

Rule 5100 Appeals from Tax Assessments.

(a) Except as otherwise provided in this section, the procedure in an appeal from a tax

assessment determination shall be in accordance with the rules relating to a civil action.

(b) An appeal from a tax assessment determination to the Court of Common Pleas shall be

initiated by appellant filing an assessment appeal with the Prothonotary setting forth the basis for the

appeal. The Board of Assessment Appeals and all affected taxing districts shall be served a copy of the

appeal by certified mail.

the affected property owner, the remaining taxing districts, and the Board of Assessment Appeals.

(d) Taxing districts and property owners whose interests are affected by an assessment appeal to

the Court of Common Pleas need not file an answer to the assessment appeal but may intervene in the

proceedings to address their respective interests at any time prior to final adjudication.

(e) When an appeal from a tax assessment is ready for trial, any party thereto who desires to

proceed to trial shall file a praecipe listing the matter for a pretrial conference in compliance with York

R.C.P. 212.3.

Rule 5150 Appeals in Land Use Cases.

(a) Notice of Appeal – Content: A land use appeal shall contain the following information:

(1) A caption in substantially the following form:

IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

Name of Appellant: No. ________________________

v. :

Name of municipality or name of body: [type of] APPEAL

(i.e. zoning hearing board, governing:

body or planning commission) which:

rendered decision:

NOTICE OF APPEAL

Names, addresses and telephone numbers

of all counsel and who they represent, or of unrepresented parties:

(2) When applicable, in separately numbered paragraphs and in the following order:

(i) Name and address of the appellant.

(ii) Name and address of the zoning hearing board, governing body or planning

commission (“local agency”) which rendered the decision.

(iii) Name and address of the applicant to the local agency, if the applicant is not the

appellant.

(iv) Name and address of the owners, both real and equitable, of any real estate which

was the subject of the decision and identification of the real estate.

(v) The chronology of the matter, including the following as applicable:

(vi) Date of filing application or appeal with zoning officer or other official.

(vii) Date of action, if known, of the zoning officer or other official.

(viii) Date of appeal from action of zoning officer or other official to local agency or

date of filing application with local agency.

(ix) Dates of all hearings or meetings of the local agency.

(x) Date of written decision or, if applicable, date of deemed decision from which the

appeal has been taken.

(xi) Date written decision served.

(xii) The purpose for which the application was made.

(xiii) The basis for appellant’s standing to file the appeal.

(xiv) All specific legal and factual grounds for the appeal.

(xv) Specific request for relief.

(3) If a court reporter was present and if a transcript is not already in existence, appellant’s

certification that appellant has ordered a transcript of the proceedings and has made satisfactory

arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide

the original transcript to the solicitor of the local agency to be filed with the record. If appellant does not

include a certification that appellant has ordered the transcript, any other party may file a petition

requesting the Court dismiss the appeal.

(b) Intervention - notice: A notice of intervention under Section 1004-A of the Pennsylvania

Municipalities Planning Code, 53 P.S. §11004-A, shall contain:

(1) The caption and number of the appeal.

(2) Name and address of intervenor.

(3) Nature of the interest of intervenor in the appeal.

(4) Legal and factual circumstances under which intervenor claims a right to intervene.

(5) Summary of intervenor’s position.

appeal of a land use matter and who cannot intervene as a matter of right pursuant to Section 1004-A of

the Pennsylvania Municipalities Planning Code, 53 P.S. Sec. 11004-A, shall file a petition to intervene

pursuant to Pa.R.C.P. No. 2326 et seq. The petition shall be presented to the Court pursuant to York

R.C.P. 205.1 and 208.3(a), and shall contain, in addition to the information required by Pa.R.C.P. No.

2328, the following:

(1) The caption and number of the appeal.

(2) Name and address of intervenor.

(3) Nature of the interest of intervenor in the appeal.

(4) Legal and factual circumstances under which intervenor claims a right to intervene,

including a statement whether the intervenor was granted status as a party before the local agency.

(5) A summary of intervenor’s position and grounds therefor.

(d) Certiorari: The local agency shall submit its entire record within twenty days after receipt of

the writ of certiorari or receipt of the transcript(s), whichever is later. The record shall include, but is not

limited to:

(1) All original papers filed in chronological order, commencing with the application.

(2) Minutes of meetings of the local agency at which the application was considered.

(3) The complete ordinance under which the local agency rendered its decision, including

maps.

(4) The findings of fact and conclusions of law of the local agency, if any, and its written

decision.

(5) The names and addresses of all persons the local agency recognized as parties to the

proceedings.

(6) Transcripts of hearings.

(e) Transcript of hearings: The local agency shall not submit its record to the Prothonotary until

appellant has provided the transcript of all hearings if the transcript is not in existence and available to the

local agency prior to appellant filing the appeal. In the event that the appellant has not provided the local

agency with a transcript within 45 days of the filing of the appeal, the local agency shall submit its record

to the Prothonotary with a certification that a transcript has not been provided and the reason.

(f) The chairperson, presiding officer, keeper of the records, or solicitor of the local agency shall

certify the submission and filing of the record, and shall notify the applicant before the local agency (if

appellant was not the applicant), the legal and equitable owner of the land which was the subject of the

application and all other persons recognized as parties to the local agency’s proceedings. Proof of notice

shall be filed with the record or within a reasonable time thereafter.

Rule 5155 Appeals in Land Use Cases - Disposition.

(a) Any appeal which does not require the record to be supplemented by a hearing shall proceed

as a case for one judge disposition pursuant to York R.C.P. 208.3(b).

(b) Any appeal which requires the record to be supplemented shall proceed as a trial and may,

after all pre-trial matters have been completed, be listed for pre-trial conference pursuant to York R.C.P.

212.3.

Rule 5170 Boards of View.

(a) Requests for appointment of boards of view shall be made by motion pursuant to York R.C.P.

208.3(a), which shall be filed only after the close of all pleadings and only after rulings on any

preliminary objections have been issued by the court.

(b) Upon receipt of a motion for appointment of a board of view, the President Judge shall

appoint a chair and two additional members from the general board of viewers who shall serve until the

conclusion of the matters presented to them. The chair shall be an attorney admitted to the bar of this

Commonwealth and who maintains an office for the practice of law in York County.

from time to time by administrative order of the Court and shall be compensated for expenses incurred in

the performance of their duties, including travel to and from view sites but not travel to and from the

Judicial Center, at the rate established by the County of York for reimbursement of expenses. Petitions

for compensation shall be submitted, no later than three months after the Board’s last action, to the

President Judge for approval.

(d) Any hearings conducted by the board pursuant to the Private Road Act, shall be recorded in

such manner so that the proceedings can be reduced to written transcript form. No later than the initial

view, the parties and the board shall agree upon the extent of hearings needed, and the board chair shall

fix an amount to be advanced by the parties to cover the initial costs of the recordings, and a date by

which the costs advanced shall be paid. The moving party shall advance sufficient fees to cover the initial

cost of the recording. The board shall direct the safekeeping of the recording and shall include as part of

its report to the Court a recommendation as to how the costs of any recording and transcript shall be

apportioned as among the parties.

(e) Pre-Hearing Procedures:

(1) Conference of counsel Prior to Hearing. All counsel representing parties in the

proceeding shall confer in person, in advance of the hearing before the board of viewers, to accomplish

the following purposes:

(i) Lists and marking of exhibits. Examine, mark and list all exhibits which any of

them may intend to introduce at the hearing, whether in the case in chief or in rebuttal. Only exhibits so

listed and marked shall be offered in evidence at the hearing, except for good cause shown.

(ii) Admissibility of exhibits. Agree so far as possible as to the authenticity and

admissibility of such exhibits and note briefly the grounds for objection to any exhibits not so agreed

upon, and counsel for the plaintiff shall keep a record of such objections and grounds therefor;

(iii) Statement of contested issues. Agree so far as possible as to the rules of law

governing the case, and identify contested issues of law, if any;

(iv) Statement of uncontested facts. Agree so far as possible as to the facts. If the

incontestability of any fact is challenged, the party objecting, and the grounds for the objection, shall be

identified. No testimony will be taken on facts not in dispute.

(2) Arranging conference of counsel. Counsel for the plaintiff shall be responsible for

arranging the conference between counsel before the hearing. The conference between counsel shall be

held at least two weeks prior to hearing at the office of counsel for the plaintiff; provided, however, that if

plaintiff's counsel has no office in York County, the conference shall be held at the office of counsel for

the defendant.

(3) Preparation of Joint Statement: Counsel shall prepare a joint statement listing all

exhibits, all witnesses expected to be called at the Board of View hearing, the contested issues, and

stipulations of facts. The statement shall be presented to each viewer at the start of the hearing.

(4) Sanctions: The chairperson has the authority to impose appropriate sanctions for

violation of this rule, including but not limited to, precluding use of exhibits or witnesses.

(5) Unrepresented Parties: if a party is not represented by counsel, counsel for a

represented party shall make a good-faith effort to comply with the prehearing procedures in writing

rather than by a conference.

(f) The report of the board shall include, at a minimum:

(1) The names and addresses of all parties to the matter, and their attorneys, if any;

(2) A brief recitation of the factual and procedural history of the matter;

(3) Findings of fact;

(4) A recommendation whether a private road should be laid out, and if so, a description

sufficient to locate such a road on the ground;

(5) An assessment as to the amount of damages to be paid to the party or parties over

whose land the road is to be laid; and

(6) A brief statement of reasons for the recommendations and assessments.

(g) The chairman of the board shall file the original of the board’s report with the Prothonotary

and shall present the President Judge with a copy of the report and both a proposed decree nisi and a final

order for consideration.

(h) Exceptions to the findings of a board of view shall be filed within thirty days of the filing of

the decree nisi.

(1) Exceptions shall list all parties to the proceedings and their addresses, and shall be

separately stated in numbered paragraphs.

(2) Exceptions shall be filed in accordance with York R.C.P. 205.2 and 208.3(b), and shall

be disposed of by one judge.

(3) Exceptions taken to an assessment of damages shall state whether a jury trial is

demanded.

Rule 5200 Appeals from Determinations of Other Governmental Actions.

(a) Appeals from an appealable determination of other government agencies, not specifically

provided for in these Rules, of which this court has jurisdiction pursuant to the applicable law or general

rule shall be commenced by filing a Petition for Review with the Prothonotary of York County. The

Petition for Review shall contain the following:

(1) A statement of the basis for the jurisdiction of this court;

(2) The names and addresses of the parties seeking review; the name and address of the

government agency which made the determination sought to be reviewed;

(3) Reference to the order or other determination sought to be reviewed, with a copy of the

same, if in writing, attached to the Petition for Review;

(4) A concise statement of the reasons for the appeal. The reasons for the appeal may be

stated in the alternative, and relief of several different types may be requested. A Petition for Review

need not be verified.

(5) And a statement of relief sought.

(6) No Answer to the Petition for Review need be filed; the reasons for the appeal stated

therein shall be deemed to be denied and at issue.

(b) A copy of the appeal pleading shall be served by the appellant in person on or by mailing the

same, by registered or certified mail, to the government agency which made the determination sought to

be reviewed and to all other entities or persons named as appellees or respondents and all parties of record

before the government agency within ten days of filing the same with the Prothonotary. Service shall be

complete on the date of mailing. Proof of service shall be filed with the Prothonotary.

shall certify that appellant has ordered a transcript of the proceedings and has made satisfactory

arrangements with the court reporter for

payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of

the local agency to be filed with the record. If appellant does not include a certification that appellant has

ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal.

(d) The local agency shall not submit its record to the Prothonotary until appellant has provided

the transcript of all hearings if the transcript is not in existence and available to the local agency prior to

appellant filing the appeal. In the event that the appellant has not provided the local agency with a

transcript within 45 days of the filing of the appeal, the local agency shall submit its record to the

Prothonotary with a certification that a transcript has not been provided and the reason.

Rule 5210 Appeals from Determinations of Other Governmental Actions-Disposition.

(a) Any appeal which does not require the record to be supplemented by a hearing shall proceed

as a case for one judge disposition pursuant to York R.C.P. 208.3(b).

(b) Any appeal which requires the record to be supplemented shall proceed as a trial and may,

after all pre-trial matters have been completed, be listed for pre-trial conference pursuant to York R.C.P.

212.3.

MISCELLANEOUS MATTERS

Rule 5700 Security for Costs.

(a) If the plaintiff is a non-resident of Pennsylvania or if insolvency or bankruptcy proceedings

are pending against him, the court may order the plaintiff to give security for costs on the motion of a

defendant who has filed an answer to the plaintiff's complaint, if an answer is required in the action, or

who has filed an affidavit that he has a just defense against the plaintiff's claim, if an answer is not

required in the action.

(b) If the plaintiff fails to give the security ordered by the court, the Prothonotary, upon praecipe

of the defendant, shall enter a judgment of non pros against the plaintiff.

for the filing of additional security in the same manner and subject to the same conditions as provided for

the giving of the original security.

Rule 5710 Service of Copies on Judge.

In addition to the service on other parties prescribed by applicable law or rule of court, a copy of

exceptions to or requests for reconsideration of a court order or decision shall also be delivered to the

Court Administrator for service upon the judge or the officer or appointee of the court to whose action the

exceptions have been filed or reconsideration requested.

Rule 5730 Proceedings to Change Name.

(a) Petitions to change a name pursuant to 54 Pa.C.S. Sec. 701 et seq. shall be filed in the

Prothonotary's office, pursuant to York R.C.P. 205.1.

(1) Petitions shall meet the requirements of 54 Pa.C.S. Sec. 701(a.1) and York R.C.P.

205.2.

(2) A copy of the petition shall be delivered to the Court Administrator for assignment to a

judge.

(3) An original proposed order, with a brief title describing the nature of the proposed

order, shall accompany the petition, but shall not be attached to it.

(b) Notice of the filing of a petition for change of name and of the date, time and location of the

hearing to consider the petition shall be given by publication in the York Legal Record and one (1)

newspaper of general circulation in the county. The publication shall appear not less than twenty (20)

days before the hearing. The same notice shall be served not less than twenty (20) days before the

hearing by first class mail on any non-petitioning parent of a child whose name may be affected by the

proceedings.

(1) Publication of the notice and, where required, proof of service of the notice;

(2) Official searches of the offices of the York County Prothonotary and Recorder of

Deeds and of the proper offices of any other county where the petitioner may have resided within five (5)

years of the filing of the petition for change of name, showing that there are no judgments, decrees of

record or any other similar matters against the petitioner.

(i) An “official search” is a search and certification done by the official custodian of

records of the respective office.

(ii) The search requirement may also be satisfied by a certification given by a

corporation authorized by law to do such searches, by a title abstractor, or by an attorney at law.

Provenance

Source: yorkcountypa.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: cc3b2d736fffd86f23d817de5daa5f1079a6b5c8becbb637ee91d23d28727846

View the official source →

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

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

Coverage · API docs