First Judicial District of Pennsylvania

Court of Common Pleas of Philadelphia County

Trial Division - Civil

Local Rules

Revised 1-20-20

1-20-20

PHILADELPHIA COURT OF COMMON PLEAS

TRIAL DIVISION, CIVIL LOCAL RULES

TABLE OF CONTENTS

Rule *51 Citation, Categorization and Effect of Philadelphia Civil Rules.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Pg. 1

Rule *76 Attorneys as Notaries Public.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 2

Rule *105 Approval of Sureties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 2

Rule *201. Stipulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 2

Rule *204.1. Pleadings and Other Legal Papers. Format. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 3

Rule *205.2(a). Pleadings. (Rescinded). . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 3

Rule *205.2(b). Cover Sheet.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 3

Rule *205.4 Electronic Filing of Legal Papers Filed in the Civil Trial Division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 4

Rule *206.1(a). Designation of Petitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 6

Rule *206.3 Petitions for Approval of Settlement of No-Fault Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7

Rule *206.4(c). Rule to Show Cause. Issuance as of Course. Form of Order. Stay.. . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7

Rule *208.2(c). Briefing Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7

Rule *208.2(d). Certification of Uncontested Status.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7

Rule *208.2(e). Certification of Good Faith Attempt to Amicably Resolve Discovery Motions.. . . . . . . . . . . . . . . . . Pg. 7

Rule *208.3(a). Motions Initially Considered Without Written Response or Briefs.. . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 7

Rule *208.3(b). Motions Considered After Response Period. Briefs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 9

Rule *210. Brief.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10

Rule *212.1 Pretrial and Settlement Conferences—Pretrial Statements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10

Rule *212.2 Sanctions for Failure to Settle (Rescinded) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10

Rule *212.3 Settlement Conferences—Non-Jury Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10

Rule *215 Assignment of Cases in the Trial Division.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11

Rule *216.1 Continuances—Physical Witnesses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 12

Rule *223.1 Trial Procedure—General.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 12

Rule *227. Motions for Post-Trial Relief.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 13

Rule 227.3 Transcript of Testimony.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 13

Rule *227.5 Bill of Costs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 14

Rule *229 Termination of Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 15

Rule 229.1 Sanctions for Failure to Deliver Settlement Funds.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 16

Rule 320 Appeals from State and Local Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . … Pg. 17

Rule *430 Publication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……….. Pg. 18

Rule *430.1 Alternative Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 18

Rule *440 Service of Papers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 18

Rule *1001 General Provisions Applicable to Municipal Court Appeals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 19

Rule *1007.1 Listing Procedures and Jury Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 22

Rule *1007.2 Jury Size in Civil Trials.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 23

Rule *1008. Municipal Court Appeals as Supersedeas.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 23

Rule 1012 Entry and Withdrawal of Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 32

Rule *1018. Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 32

Rule *1018.1 Notice to Defend—Form—Contents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 33

Rule *1021. Claim for Relief. Amount in Controversy. Sum Certain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 33

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

Code or to Petition for Appointment of Viewers Alleging De Facto Taking or Other Compensable Injury

Pursuant to Section 502(e) of The Eminent Domain Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 33

Rule *1028(c). Preliminary Objections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 34

Rule *1034(a). Motion for Judgment on the Pleadings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 34

Rule *1035.2(a). Motion for Summary Judgment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 35

Rule *1037.1 Judgments by Default—Certificate of Non-Military Service Required.. . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 35

Rule *1037.2 Judgments by Default—Assessment of Damages.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 37

Rule *1038 Trial Without Jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 37

Rule *1041.1 Pleadings in Asbestos Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ………………………… Pg. 38

Rule 1300 Voluntary High-Low Common Pleas Court Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 41

Rule *1301 Compulsory Arbitration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ………………………………………. Pg. 42

Rule *1302 Appointment of Arbitrators. Qualifications. Disqualification.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 42

Rule *1303 Scheduling of Arbitration Hearings. Relistings. Consolidations... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 43

Rule *1303.1 Continuances of Arbitration Hearings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……… Pg. 49

Rule *1304 Arbitration Facilities. Call of the List.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 49

Rule *1305 Conduct of Arbitration Hearigns…………………………………………………………………………. Pg. 49

Rule *1308 Compensation of Arbitrators.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 50

Rule *1309 Procedure for Terminating Inactive Arbitration Cases Pursuant to Pa.R.J.A. 1901.. . . . . . . . . . . . . . . . . . Pg. 50

Rule *1531 Emergency Judge Procedures.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . … Pg. 51

Rule *1533 Notice of Assignment for Benefit of Creditors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 51

Rule *1569 Partition Proceedings—Master’s Report.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 51

Rule *2039 Procedure to Compromise, Settle, Discontinue or Distribute Funds in Matters Involving Minors……… Pg. 52

Rule *2039.1 Motions for Approval of Settlements Where a Minor or Incompetent Has an Interest.. . . . . . . . . . . . . . Pg. 64

Rule *2039.2 Motions for Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 64

Rule *2064 Procedure to Compromise, Settle, Discontinue or Distribute Funds n Matters Involving Incapacitated

Persons…………………………………………………………………………………………….. Pg. 64

Rule *2205 Notice—Wrongful Death Actions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 68

Rule *2206 Motions for Approval of Settlements in Wrongful Death or Survival Actions.. . . . . . . . . . . . . . . . . . . . . Pg. 68

Rule *2232 Joinder of Additional Parties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 82

Rule *2951 Judgments by Confession—Affidavit of Non-Military Service Required.. . . . . . . . . . . . . . . . . . . . . . . . Pg. 82

Rule *3123.1 Sheriff’s Execution—Exemptions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 82

Rule *3129.2 Sheriff’s Execution—Sale of Real Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 83

Rule *3129.2(b)(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Pg. 83

Rule *3133.1 Fair Value Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 84

Rule *3135 Sheriff’s Execution—Deed to Real Property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 85

Rule *3201.1 Sheriff’s Notice to Non-Judgment Debtors Re: Personal Property Levies and Attachment.. . . . . . . . . . Pg. 85

Rule *4003.4 Depositions—Discovery of Prior Statement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 87

Rule *4003.6 Discovery and Pre-Trial Procedures in Asbestos Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 87

Rule *4003.8. Pre-Complaint Discovery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 88

Rule *4005 Standard Form Interrogatories.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 89

Rule 4007.1 Problems Arising at Depositions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 108

Rule *4009.11 Request Upon a Party for Production of Documents and Things. Compulsory Arbitration Program... Pg. 108

Rule *4010 Physical or Mental Examination Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 109

Rule *4015 Letters Rogatory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 109

Rule *4017.1 Objections at Videotape Depositions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 109

Rule 4018.1 Record Reproduction Services Rule.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 110

Rule *4020.1 Testimony of Prisoners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 112

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Rule 7107 Mental Health Commitment Procedure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 113

Rule 7109 Mental Health Review Officer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 113

Rule 7109.1 Electronic Filing of Mental Health Applications or Petitions. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 119

Forms – Current Forms are available at: www.philacourts.us/forms

Revised 1-20-20

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PHILADELPHIA COUNTY COURT OF COMMON PLEAS

TRIAL DIVISION – LOCAL CIVIL RULES

Rule *51 Citation, Categorization and Effect of Philadelphia Civil Rules.

(A) Citation. These rules shall be known as the Philadelphia Civil Rules, and may be cited as

“Phila. Civ. R.___.”

(B) Promulgation. The Philadelphia Civil Rules shall include and be promulgated as follows:

(1) Local Rules of Court. Local Rules of Court are promulgated by the Board of Judges of the

Court of Common Pleas. Local Rules of Court may either implement, clarify or tailor statewide

procedural rules to Philadelphia situations, in which case the rule will be indicated by an

asterisk and numbered to comport with the corresponding state rule; or establish, implement

and clarify various requirements and procedures related solely to Philadelphia practice, in

which case the rule will be numbered consistent with the substance of the rule.

(2) General Court Regulations. General Court Regulations are formal instructions from the

President Judge or an Administrative Judge of the Court of Common Pleas dealing with

administrative procedures or otherwise supplementing and explaining Local Rules of Court or

statewide procedural rules.

(3) Administrative Regulations. Administrative Regulations are instructions from the Court

Administrator to all or a part of his staff. Administrative Regulations shall be as specific as

possible, and shall, where feasible, explain (a) the reason the instruction is being issued, (b)

the changes in current procedures which will be effectuated, and (c) how the new procedure

will operate, identifying all parties involved and setting forth their responsibilities.

(4) Bulletins. Items of information and items of a temporal nature are called Bulletins. Weekly

schedules, monthly statistics, temporary assignments, and announcements of all kinds will be

classified as Bulletins. Bulletins will be issued by the President Judge, an Administrative

Judge, or the Court Administrator.

no one is denied justice. Whenever possible, such rules shall be construed as consistent with

statewide procedural rules and with each other. Where conflicts arise, the order of priority shall

be:

(1) The Pennsylvania Rules of Civil Procedure;

(2) Local Rules of Court;

(3) General Court Regulations;

(4) Administrative Regulations; and

(5) Bulletins.

(D) Publication. Local Rules of Court, General Court Regulations and Administrative Regulations

which govern or effect procedures to be followed by the Bar shall be given rule numbers at the

time of their promulgation. Each Bulletin which governs or affects such procedures shall either (a)

be given a rule number, in which event it will remain in effect until rescinded, (b) specify a period

of time not longer than 60 days during which it will remain in effect or (c) be published in The

Legal Intelligencer at least once every 60 days, or automatically cease to remain in effect. All rules

shall be made available by the Office of the President Judge for publication and distribution.

Publication and distribution of new numbered rules shall occur as soon as practicable following

adoption of those rules by the Board of Judges. Rules concerning wholly internal procedures need

not be numbered or published. A complete copy of all currently effective Philadelphia Civil Rules

shall be maintained and made available for public inspection at the Office of the Civil

Administration.

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(E) Cataloguing, distribution and maintenance of files of all local rules, administrative and general

court regulations and all procedural orders and directives are the responsibility of the Office of the

President Judge.

(F) Effective Date. All numbered rules shall become effective on the date specified in the new rule,

following publication in The Legal Intelligencer.

Note: Former Rule 1, amended November 20, 1986, effective February 1, 1987. Originally General Court

Regulation 71-1, adopted by The Board of Judges, July 8, 1971; Bulletin 72-159, July 6, 1972; further

amended November 20, 1986, effective February 1, 1987. Existing rule amended May 24, 2000, effective

July 9, 2000. Paragraph (D) has been amended to require numbering in accordance with Pa.R.C.P. 239 and

to ensure that regulations will be included in the published rules.

Rule *76 Attorneys as Notaries Public.

Attorneys holding commissions as notaries public, or who are otherwise authorized to administer

oaths, shall not take or attest the affidavit of any party represented by them, and all affidavits taken

in violation of this rule will be treated as null.

Note: Former Rule 30; originally Star Rule *205.

Rule *105 Approval of Sureties.

(A) Sureties required at the commencement of actions shall be approved by the Office of

Judicial Records subject to review by the Court. Two auditors shall be appointed each year, who

at least once a year and more often, if in the opinion of the auditors the same be necessary, shall

make a separate written report concerning the advisability of accepting each corporation as surety.

This report of the auditors shall be based upon a thorough accounting study and analysis of the

financial statements which the corporation shall furnish to the auditors. If in the opinion of the

auditors an examination of any company at its home office is required, the auditors shall file a

motion with the Court in which the application of the corporation was filed setting forth the reasons

for the making of such examination, and requesting the Court’s approval. A copy of such motion

shall be served upon the corporation, which shall have the right to file an answer to the motion of

the auditors, and otherwise to be heard. No examination shall be made by the auditors at the home

office of the applicant surety company without approval of the Court in which the application for

approval was filed.

(B) Qualifications of sureties for bail shall be governed by Rule 4007 of the Pennsylvania Rules

of Criminal Procedure.

Note: Former Rule 46; originally Star Rules *918, *919 and *920. Amended May 20, 2004, effective July

26, 2004.

Rule *201 Stipulations.

(A) Judicial approval of stipulations of counsel is not required except for stipulations relating to

the following matters:

(1) The settlement, discontinuance and ending of an action as to less than all defendants;

(2) The return of money deposited with the Court;

(3) The transfer of an action to another Court or jurisdiction;

(4) Late joinder of additional defendants; and

(5) Waiver of the requirements of a local rule.

(B) Stipulations not requiring judicial approval shall be filed with the Office of Judicial Records.

Service shall be made by the filing party upon all counsel and unrepresented parties.

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Arbitration Program or the Arbitration Appeal Program shall be presented for approval to the

Judicial Team Leader for that Program to which the case has been assigned. Stipulations requiring

Court approval in the Non Jury, Arbitration or the Arbitration Appeal Programs shall be presented

for approval to the Motion Court Judge. All Stipulations requiring Court approval shall be filed

with the Office of Judicial Records and will be assigned to the appropriate Judge for approval.

Note: Amended May 24, 2000, effective July 9, 2000; amended November 15, 2007, effective on January 7,

2008.

Rule *204.1. Pleadings and Other Legal Papers. Format.

(a) In order to accommodate the filing of documents in an electronic format as authorized by

Philadelphia Civil Rule *205.4, all “legal papers,” as defined in Pa.R.C.P. No. 205.4(a)(2), must

conform to the following requirements:

(1) All files must be no larger than 5MB each. If an electronic file exceeds this limit, then it

must be split into multiple files;

(2) All PDF pages must be 8 and 1/2 inches in size exactly. Other file sizes may be

incompatible with electronic filing;

(3) No security, passwords or other restrictions may be placed on electronic files. If an

electronic file contains passwords or other security devices, it will be rejected; and

(4) After an electronic file is created, it must not be modified in any way. If an electronic filing

is modified, it may be incompatible with the electronic filing system and will be rejected.

(b) In order to accommodate the scanning of legal papers presented in hard-copy format and saving

in an electronic format as provided by Philadelphia Civil Rule *205.4(b)(1), in addition to the

requirements of Pa.R.C.P. No. 204.1, all hard-copy “legal papers” must conform to the following

requirements:

(1) all legal papers must be printed on only one side of the paper;

(2) all orders must contain a 3-inch space from the top of the page for all electronic court

stampings, filing notices, etc.;

(3) legal papers must not be stapled or permanently bound, but must be secured by binder clips

or other fasteners which do not puncture or otherwise interfere with scanning;

(4) bar codes on any page of the legal paper interfere with scanning and must therefore be

crossed out or otherwise redacted; and

(5) to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.

Explanatory Note: The source of this rule is Administrative Docket No. 01-2008, issued by Administrative

Judge D. Webster Keogh on July 16, 2008. Adopted by the Board of Judges on November 20, 2008; effective

on January 5, 2009. Amended May 15, 2014, effective July 6, 2014.

Rule *205.2(a). Pleadings. (Rescinded)

Note: Rule rescinded. Subject matter contained in Philadelphia Civil Rule *205.2(a)(5) and (6) is adopted as

Philadelphia Civil Rule *1018. Subject matter contained in Philadelphia Civil Rule *205.2(a) (8) is adopted

as Philadelphia Civil Rule *1021. All other provisions contained in this rule are covered by Pennsylvania

Rules of Civil Procedure and are thus unnecessary.

Rule *205.2(b). Cover Sheet.

(1) Initial Pleading. Any document commencing an action must have attached to it a Civil Cover

Sheet, in a form provided by the Office of Judicial Records as approved and modified from time

to time by the Administrative Judge or his/her designee. A Civil Cover Sheet must also be filed

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together with Objections to Sheriff’s Determination of Title filed pursuant to Pa.R.C.P. 3201, et

seq.

(i) Failure to Attach Cover Sheet. If the Civil Cover Sheet is not attached as required, the Office

of Judicial Records shall accept the document for filing if it otherwise complies with all

applicable state rules; provided, however, that the Office of Judicial Records shall endorse on

the original pleading, and all file-stamped copies, the following: “The filing party shall submit

a Civil Cover Sheet as required by Phila. Civ.R. *205.2(b) within 20 days or shall suffer

appropriate sanctions.” The file-stamped copies shall be returned to the filing party for service.

(ii) Sanctions. In the event the Civil Cover Sheet is not submitted as required, the Court may

impose any authorized sanctions including non pros against the filing party. The Court may

also impose any appropriate sanctions if the information set forth in the Civil Cover Sheet is

determined to be false or misleading.

Note: See www.courts.phila.gov/forms for the current version of the Civil Cover Sheet and Civil Cover Sheet

with Commerce Program Addendum.

(2) Petitions or Motions. A Petition/Motion Cover Sheet, in a form provided by the Court as

approved and modified from time to time by the Administrative Judge or his/her designee, must

be attached to all Petitions, Motions, Answers and Responses, except for Discovery Motions and

Motions for Extraordinary Relief, and Responses thereto.

Form

Note: Former Rule 205.2 rescinded and replaced May 20, 2004, effective July 26, 2004. See

www.courts.phila.gov/forms for the current version of the Petition/Motion Cover Sheet.

Rule *205.4 Electronic Filing of Legal Papers Filed in the Civil Trial Division.

(a) Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all “legal papers,”

as defined in Pa.R.C.P. No. 205.4(a)(2), with the Office of Judicial Records through the Civil Trial

Division’s Electronic Filing System as more specifically provided in Pennsylvania Rule of Civil

Procedure No. 205.4 and Philadelphia Civil Rule *205.4.

Explanatory Note: The term “legal paper” as defined in Pa.R.C.P. No. 205.4(a)(2) encompasses all pleadings

and other papers filed with the Office of Judicial Records— even if the legal papers are not adversarial in

nature and do not require the non-filing party or parties to respond (such as Notices of Tax Liens).

(b) (1) Authorized Electronic Format of Legal Papers Electronically Filed. All legal papers shall

be filed in a portable document format (“pdf”). As authorized by Pa.R.C.P. No. 205.4 (b)(1), in

the event any legal paper or exhibit is submitted to the Office of Judicial Records in a hard-copy

format, the Office of Judicial Records shall convert and maintain such legal paper or exhibit to a

portable document format, and the Office of Judicial Records shall return the hard-copy legal paper

or exhibit to the filing party for retention as required by Pa.R.C.P. No. 205.4(b)(5).

(i) Website. All legal papers shall be filed electronically through the Civil Trial Division’s

Electronic Filing System (“Electronic Filing System”) which shall be accessible through

the website of the First Judicial District of Pennsylvania, http://courts.phila.gov, or at such

other website as may be designated from time to time.

(ii) Access to the Website. To obtain access to the Electronic Filing System, counsel and

any unrepresented party must apply for and receive a User Name, Password, and Personal

Identification Number (“PIN”).

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(d) Payment of Filing Fees.

(1) The Office of Judicial Records will accept for payment of all filing fees cash, checks and

the following credit and debit cards: American Express, Discover, MasterCard, and Visa.

(2) The Office of Judicial Records will not accept advance deposit on account of future filing

fees due to the difficulty in monitoring and accounting for such advance deposits.

(3) Electronic Filing Fees and Costs. As authorized by Act 81 of 2006, the Office of Judicial

Records shall collect an electronic filing fee for each legal paper or exhibit filed as

established by the Office of Judicial Records with the approval of the President Judge of the

Court of Common Pleas. In addition to such electronic filing fee, commencing on January 5,

2009, the Office of Judicial Records is authorized to charge the sum of $1.00 per page for

each page of a legal paper or exhibit which is filed in a hard copy format and which must be

converted by the Office of Judicial Records to a portable document format. All fees collected

pursuant to this rule shall be set aside by the Office of Judicial Records and remitted monthly

to the First Judicial District’s Procurement Unit. All such fees and costs collected will be

used for the implementation and maintenance of the electronic filing system and additional

development, enhancements and training.

(f) Local Procedures. As authorized by Pa.R.C.P. No. 205.4 (f), the following administrative

procedures are adopted:

(1) Signatures on Pleadings, Verifications, Documents and Other Legal Papers. The electronic

filing of legal papers utilizing the issued User Name, Password and PIN issued as provided by

this rule and Pa.R.C.P. No. 205.4, constitutes the party’s signature on electronic documents as

provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a

certification of authorization to file it as provided in Pa.R.C.P. No. 205.1. Additionally, the

following provisions apply:

(i) Filing Party. The legal paper must include a signature block, and the name of the filer

under whose User Name, Password and PIN the legal paper is submitted must be preceded

by a “/s/” and typed in the space where the signature would otherwise appear.

(ii) Client Verifications and Documents Executed by Clients or Other Persons. The

Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any

document or legal paper executed by any party other than the filing party must be scanned

and attached to the electronic filing in a portable document format at the time the legal

paper is submitted.

(iii) Documents requiring signatures of more than one party must be scanned and attached

to the electronic filing in a portable document format at the time the legal paper is

submitted.

Note: This subsection is designed to address issues which may arise regarding signatures on legal papers and

documents. A filer’s use of the User Name, Password and PIN issued through the EFS is the filer’s “electronic

signature.” However, often, legal papers require that verifications be executed by non-filers and deficiencies

in content and execution could be subject to preliminary objections. Moreover, many legal papers or

documents require multiple signatures. In order to avoid prejudicial delay, this section requires that the filing

party scan such legal papers, documents or signature pages and attach them to the electronic filing at the time

of submission.

(2) Upon receipt of the legal paper, the Office of Judicial Records shall provide the filing party

with an acknowledgment, which includes the date and time the legal paper was received by the

Electronic Filing System.

(3) After review of the legal paper, the Office of Judicial Records shall provide the filing party

with e-mail notification, or notification on the Electronic Filing System, that the legal paper

has been accepted for filing (“filed”) or not accepted or refused for filing.

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(4) If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it

was received by the Electronic Filing System; provided, however, that if a legal paper is

submitted without the requisite filing fee, the legal paper shall be deemed to have been accepted

for filing as of the date payment was received. The Office of Judicial Records is authorized to

refuse for filing a legal paper submitted without the requisite payment. If the pleading or legal

paper is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No.

205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4(g)(2)(ii).

Note: As required by Pa.R.C.P. No. 205.4(c)(1), access to the Electronic Filing System shall be available at

all times, except for required maintenance. However, legal papers can only be reviewed during normal court

hours. Therefore, parties are cautioned to file required legal papers in advance of any filing deadline to enable

timely correction and re-submission in the event a legal paper is not accepted or is refused for filing. The

Office of Judicial Records may refuse for filing any legal paper submitted without the required filing fees as

provided by 42 Pa.C.S. §1725(c)(2)(xix), or, at the Office of Judicial Records discretion, may authorize the

filer to submit the required filing fees within a stated time period after which the Office of Judicial Records

may refuse the legal paper for filing if payment is not received.

(5) If a legal paper is refused for filing, the Office of Judicial Records shall specify the reason.

Subject to the provisions of subsection Rule 205.4 (e)(1)(i), a legal paper refused for filing

shall be deemed as not having been filed.

(6) Neither the Court nor the Office of Judicial Records are required to maintain a hard copy

of any legal paper or exhibit, notice, or order filed or maintained electronically under this rule.

(7) If a legal paper is electronically filed, the Civil Electronic Filing System will automatically

serve all persons who have previously submitted electronic filings in the same case, pursuant

to Philadelphia Civil Rule *205.4 and Pa.R.C.P. No. 205.4(g), but the filing party must serve

all others as required by rules of court. All legal papers filed in a hard-copy format must be

served by the filing party as required by rules of court.

Note: This rule is adopted as required by Pa.R.C.P. No. 239.9. Adopted November 15, 2007, effective

January 7, 2008; amended December 1, 2008, effective January 5, 2009. The provisions which govern the

Electronic Filing of Mental Health Applications and Petitions are set forth in Philadelphia Civil Rule 7109.1,

which was adopted on November 16, 2001 and which became effective on January 1, 2002.

Rule *206.1(a). Designation of Petitions.

(1) In addition to petitions to open default judgment and petitions to open judgment of non pros,

the following applications are designated “petitions” and are governed by the procedures set

forth in Pa.R.C.P. 206.1 et seq.:

(i) Petition to Appoint Arbitrator;

(ii) Petition to Appoint A Receiver;

(iii) Petition to Compel Arbitration;

(iv) Petition to Confirm Arbitration Award;

(v) Petition to Confirm Settlement;

(vi) Petition for Contempt;

(vii) Petition to Set Aside Arbitration Award;

(viii) Statutory Petitions; and

(ix) Petition to Appoint a Sequestrator.

(2) Emergency petitions shall be assigned to the appropriate judge immediately upon submission

to the Motion Clerk. A Rule to Show Cause Order will not be issued as of course by the Motion

Clerk. Upon review of the petition, the assigned judge will issue an appropriate order setting forth

the manner in which the petition will be answered, heard and disposed.

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(3) The Administrative Judge of the Trial Division, or his/ her designee, may from time to time

update the list of Applications which are designated “petitions” and which are governed by the

procedures set forth in Pa.R.C.P. 206.1. The updated list shall become effective thirty (30) days

after publication on the website of the Administrative Office of Pennsylvania Courts.

Note: Former Rule 206.1 rescinded and replaced May 20, 2004, effective July 26, 2004. Amended May 15,

2014, effective July 6, 2014.

Rule *206.3 Rule *206.3 Petitions for Approval of Settlement of No-Fault Benefits.

Note: Rescinded May 24, 2000, effective July 9, 2000.

Rule *206.4(c). Rule *206.4(c). Rule to Show Cause. Issuance as of Course. Form of Order.

Stay.

The Rule to Show cause process set forth in Pa.R.C.P. 206.6 is hereby adopted for all petitions

filed pursuant to Pa.R.C.P. 206.1 et seq. Upon the filing of a petition, a rule to show cause shall be

issued as of course by the Motion Court clerk on behalf of the Court. The form of rule to show

cause order shall be substantially as set forth hereunder. To obtain a stay of proceedings, the filing

party shall specifically set forth in the petition the reasons why the stay is required, and shall further

indicate on the Petition/Motion Cover Sheet that a stay has been requested. The Court may

schedule a conference on the request for stay, or grant or deny the stay ex parte.

Note: Adopted May 20, 2004, effective July 26, 2004. See www.courts.phila.gov/forms for the current

version of the Rule to Show Cause Order.

Rule *208.2(c). Briefing Requirement.

All Motions, except for Motions for Extraordinary Relief, shall be accompanied by a Brief or

Memorandum of Law in the form set forth in Phila.Civ.R. *210.

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

Rule *208.2(d). Certification of Uncontested Status.

Note: This court has not promulgated a local rule imposing a certification requirement for uncontested

motions.

Rule *208.2(e). Certification of Good Faith Attempt to Amicably Resolve Discovery Motions.

On the day the Discovery Motion is argued, the filing party shall present to the Discovery Judge

an Attorney Certification of Good Faith, substantially in the form attached hereto, certifying that

the filing party has conferred with all other parties in an attempt to resolve the discovery disputes

at issue. In the event the moving party was unable to confer with any party, the attempts made to

confer with that party shall be specifically set forth.

Note: Adopted May 20, 2004, effective July 26, 2004. See www.courts.phila.gov/forms for the current

version of the Attorney Certification of Good Faith.

Rule *208.3(a). Motions Initially Considered Without Written Response or Briefs.

(1) Emergency Motions. “Emergency Motions” shall be initially considered without written

Response or Briefs. Upon filing, the Motion Clerk shall assign the Emergency Motion to the

appropriate judge who, upon review of the motion, will issue an order providing any applicable

relief, and shall further set forth how the motion will be answered, heard and disposed;

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(2) Motions for Alternative Service. Motions for Alternative Service shall be forwarded to the

appropriate judge immediately upon filing. The filing party must immediately serve a copy of the

petition on all counsel of record and unrepresented parties;

(3) Motions for Reconsideration. Motions for Reconsideration shall be forwarded to the

appropriate judge immediately upon filing, and the filing party must serve a copy of the motion as

provided in subsection (b)(3)(C). In appropriate cases, the assigned judge may enter a preliminary

order vacating the order in question pending receipt of the response to the motion.

(4) Discovery Motions.

(A) Scheduling Requirements. All Discovery Motions, except in designated Mass Tort cases,

shall be presented to, argued before and determined by the appropriate Judge of Discovery for

the particular program involved. The moving party shall file or fax a Discovery Argument

Request Form (substantially in the form attached hereto) with the Discovery Clerk (Room 287

City Hall) setting forth the following information: the program to which the case

is assigned; the next event and the date of that event (if the case is in the Arbitration Program, the

arbitration hearing date must be provided), the Court Term and Number, and Caption of the case.

The requisite filing fee in the form of a check made payable to the Office of Judicial Records or

credit card information must be included. Upon receipt of the requisite filing fee and a fully

completed Discovery Argument Request Form, the Discovery Clerk shall assign the Discovery

Motion for argument. The filing party retains the original Motion and proposed order for

submission to the Court on the argument date.

(B) Service Requirements. The moving party shall immediately serve a copy of the Discovery

Motion and proposed order (which shall contain no reference to the attorney proposing same),

together with a Notice of Presentation and Certificate of Service (substantially in the form attached

hereto) on all counsel of record and unrepresented parties as required by Pa.R.C.P. 440. Except in

cases of emergency or waiver by consent of all parties, at least ten (10) days’ prior written notice

shall be required.

following items: the original Discovery Motion and proposed order (which shall contain no

reference to the attorney proposing same), Notice of Presentation, and the Attorney Certification

of Good Faith required by Phila.Civ.R. *208.2(e). Should all parties fail to appear for the argument,

the court will deem the Discovery Motion moot. The Motion may not be rescheduled but a new

Motion may be scheduled for argument as provided herein. Should all parties other than the

moving party fail to appear, the Court will deem the Motion uncontested and will enter an

appropriate order. Should the moving party fail to appear but one or more responding party appears

pursuant to a Notice of Presentation served by the moving party, the court shall dismiss the Motion

and may, upon the later filing of a motion for sanctions, enter monetary sanctions against the

moving party and in favor of the party who appeared.

(D) Response Requirement. Any party opposing the Discovery Motion must respond, orally or in

writing, on the argument date. Any party not opposing a discovery motion need not respond or

appear for the argument.

(E) Disposition of Discovery Motion. On the argument date, the Discovery Judge shall:

(i) enter appropriate orders concerning uncontested motions;

(ii) entertain argument on contested motions and, if no issues of fact are raised, enter an appro-

priate order; or

(iii) enter an appropriate order providing the procedure the parties are to follow to develop the

record concerning any fact issue raised by the Discovery Motion or Response.

(F) Notice of Entry of Order. If the decision of the Court is issued immediately after the argument

the party presenting the motion shall send a copy of the order to each attorney of record and

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unrepresented party who was not present on the argument date. The court shall send to each

attorney of record and unrepresented party a copy of any order entered on any Discovery Motion

held under advisement at the conclusion of the argument.

Note: Adopted May 20, 2004, effective July 26, 2004. Amended March 9, 2005, effective May 1, 2005.

Rule *208.3(b). Motions Considered After Response Period. Briefs.

(1) Applicability. This rule governs the filing of all motions except the following:

(A) All matters specifically excepted in Pa.R.C.P. 208.1(b);

(B) Assignment to an individual judge. (See Philadelphia Civil Rule *215);

(D) Arbitration applications. (See Philadelphia Civil Rule 1303.1.)

(E) Motion for approval of settlements where a minor or incapacitated person have an interest.

(See Philadelphia Civil Rule*2039.1.)

(F) Motion for allowance in minors’ cases. (See Philadelphia Civil Rule *2039.2.)

(G) Motion for approval of settlements in wrongful death cases. (See Philadelphia Civil Rule

*2206.)

(H) Motion for Extraordinary Relief (See Trial Division General Court Regulation No. 95-1).

(2) Non-Discovery Motions.

(A) Filing Requirements. All motions other than discovery motions shall be filed with the Office

of Judicial Records and the requisite fee paid, and shall thereafter be immediately submitted to the

Motion Clerk. All Motions shall be accompanied by the following items in the following order:

(i) A completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. *205.2(b)(2);

(ii) A proposed order, which shall contain no reference to the attorney proposing same;

(iii) A brief or memorandum of law as required by Phila.Civ.R. *210;

(B) Control Number. Response Date. Other than as provided in Phila.Civ.R. *208.3(a) and

except for Summary Judgment Motions (which have a thirty (30) day response period, all

Motions have a twenty (20) day response period. Upon filing, the Motion Clerk shall enter on the

Cover Sheet a unique Control Number which must be used on all Responses, and shall enter the

“Response Date” on or before which all Responses must be filed by any party.

documents filed with the Motion Clerk on all counsel of record and unrepresented parties, as

required by Pa.R.C.P. 440.

(D) Response Requirements. Any party opposing the motion, shall file the following documents

with the Motion Court on or before the Response Date:

(i) A completed Cover Sheet as set forth in Phila. Civ.R. *205.2(b)(2);

(ii) A proposed order, which shall contain no reference to the attorney proposing same;

(iii) The Response to the motion; and

(iv) A brief or memorandum of law as provided in Phila.Civ.R. *210.

(E) Attachments. All Motions shall include copies of all documents or items necessary or relevant

to the disposition of the issues. This shall include the complaint, answer, and reply to new matter.

All such documents or items shall be included or attached and marked as exhibits separately. The

Court may decide any matter against a party who fails to attach to the filing those items sufficient

to enable the Court to determine the matter.

(F) Disputed Issues of Fact. Disputed issues of fact shall be determined as the Court may provide

pursuant to Pa.R.C.P. 208.4(b).

(G) Deadline for Filing Arbitration Motions. Motions shall not be accepted by the Motion Clerk

in cases where an arbitration hearing is scheduled to be held within forty-five (45) days.

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Note: Adopted May 20, 2004, effective July 26, 2004; amended March 9, 2005, effective May 1, 2005;

adopted November 15, 2007, effective January 7, 2008. See www.courts.phila.gov/forms for the current

version of the Discovery Argument Request Form and Notice of Presentation.

Rule *210. Brief.

Except for Motions for Extraordinary Relief, all Petitions and Motions shall be accompanied by a

brief or memorandum of law. Briefs or memoranda of law shall be typewritten, printed or

otherwise duplicated, and endorsed with the name of the case, the court term and number, and the

name, address, and electronic mail address of the attorney or the party if not represented by an

attorney. Briefs and memoranda of law shall contain concise and summary statements, separately

and distinctly titled, of the following items in the order listed:

1. Matter before the Court: State the particular pleading (motion, petition, objection, exception,

application, etc.) before the court for disposition, and the particular relief requested therein.

2. Statement of question(s) involved: State the issue(s) in question form containing factual context

sufficient to present the precise matter to be decided by the Court, each susceptible of a yes or no

answer, each followed by the answer desired or advocated.

3. Facts: State the operative facts.

4. Argument: State the reason(s) why the court should answer the questions involved as proposed,

including citation of the authorities relied on. An authority shall not be cited for general reference

but in all cases shall be immediately preceded or followed by its relevant holding or particular

proposition for which it stands.

5. Relief: State the specific action(s) requested of the court.

Note: Adopted May 20, 2004, effective July 26, 2004; amended November 15, 2007, effective January 7, 2008.

Rule *212.1 Filing Pre-trial Statements.

(A) Rescinded.

(B) As authorized by Pa.R.Civ.P. No. 212.1(c), pre-trial statements shall be filed as required in a

case’s applicable Program Case Management Order.

Note: Former Rule 206; adopted by Board of Judges, originally Star Rule *212, November 15, 1978, effective

immediately; amended by General Court Regulation 80-11, effective July 1, 1980; further amended by General

Court Regulation 83-4, effective December 5, 1983. Amended May 24, 2000, effective July 9, 2000; amended

May 20, 2010, effective immediately.

Rule *212.2 Sanctions for Failure to Settle.

Rescinded February 28, 2017. See President Judge General Court Regulation No. 201-701. Published in the

Pennsylvania Bulletin on March 18, 2017.

Rule *212.3 Pre-Trial and Settlement Conferences.

(A) The court, in its Program Case Management Orders scheduling pre-trial or settlement

conferences pursuant to Pa.R.Civ.P. No. 212.3, may order anyone with a financial interest in the

outcome of a case to be personally present at the pre-trial or settlement conference. Failure of

anyone with a financial interest in the outcome of a case to appear may result in the imposition of

sanctions against such party, or other entity. The court, upon appropriate request of counsel, may

for good cause permit a party or representative to appear by telephone rather than in person.

(B) In non-jury cases, the Trial Judge shall not enter into settlement negotiations without the

consent of the parties and may refuse to enter into settlement negotiations even if the parties

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consent to such participation. In such a case, if the parties wish to pursue settlement negotiations

with a judge, arrangements may be made to find a judge agreeable to all parties to serve as a

settlement conference judge.

settlement demand or offer. Any settlement amount, demand or offer made shall be communicated

forthwith to the client by his, her or its counsel.

Note: Former Rule 171; originally Star Rule *229A, adopted November 15, 1978, effective immediately. Amended November

18, 2010, effective January 24, 2011, by adding the content of former Philadelphia Civil Rule *229.1 titled “Settlement

Recommendations, Demands and Offers” in its entirety to Subsection (C).

Rule *215 Assignment of Cases in the Trial Division.

A. All cases filed in the Trial Division of the Court of Common Pleas shall be listed for trial in

accordance with those management procedures in effect for the program to which a case is

assigned.

(1) Arbitration Cases. All cases which when filed are subject to compulsory arbitration under

Philadelphia Civil Rule *1301 shall be assigned a hearing date and time upon commencement

on the face of the initial filing.

(2) Major Jury Cases. All jury cases, other than Arbitration Appeals and Mass Tort matters,

shall be listed for trial by the Judicial Team Leader for that Program to which a given case is

assigned in accordance with the pertinent Case Management Order. Protracted and complex

cases will be listed for dates certain. Those cases classified standard and expedited typically

will be assigned to a trial pool for a given pool month within the appropriate program. The

pool months begin on the first Monday of each month.

Whether a given case is assigned a date certain or a pool month date is within the sound

discretion of the Program Team Leader (or his or her designee).

(3) Non Jury Cases. All Non Jury cases will be designated as either Commerce Program or

Non Jury Program cases. Commerce Program cases will be listed for trial at a status conference

by the Supervising Judge of the non Jury Program, located at the Complex Litigation Center.

(4) Mass Tort Cases. All Mass Tort cases shall be listed for trial by the Supervising Judge of

the Mass Tort Program, located at the Complex Litigation Center.

(5) Arbitration Appeal Cases. All Arbitration Appeal cases shall be listed for trial by the

Supervising Judge at the Complex Litigation Center in a monthly trial pool in accordance with

a Case Management Order. The pool month begins on the first Monday of each month.

B. Jury Trial Requests.

(1) Upon commencement of an action, the plaintiff shall pay the non jury listing fee, or if a

jury trial is initially demanded, the jury listing fee.

(2) Thereafter, a jury trial may be demanded and perfected in accordance with Philadelphia

Civil Rule *1007.1.

(3) Payment of a jury fee will determine the case program assignment, except in those cases

seeking equitable relief which shall be in either the Commerce Program or the Non Jury

Program.

Comment: This *Rule has been completely rewritten to comport with the principles of differentiated case management and the assignment

of cases by program. Counsel are advised to consult, where appropriate, the following General Court Regulations and Administrative

Orders:

1. Trial Division General Court Regulation No. 94-2. (Procedure and Criteria for Advanced Trial Listings pursuant to Pa.R.C.P. 214.)

2. General Court Regulation No. 95-2. (Day Forward Program. Procedure for Disposition of Major Jury Cases Filed on and after January 2,

1996.)

3. Administrative Docket No. 01 of 1998. (Protocol for Trial Pools in the Day Backward and the Day Forward Programs.)

Editor’s Note: This rule may be impacted by the following: Administrative Docket No. 01 of 1999, Administrative Docket No. 02 of

2003, General Court Regulation 95-2, Administrative Docket No. 01 of 1998, Administrative Docket No. 02 of 1993, Administrative

Docket No. 04 of 2005, Administrative Docket No. 05 of 2005, General Court Regulation No. 2012-01, General Court Regulation No.

2012-03, and General Court Regulation No. 2013-01. Amended February 28, 2019, effective May 6, 2019.

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Rule *216.1 Continuances—Physical Witnesses.

(A) The lawyer has an obligation to notify a physician as far in advance of trial as is reasonable

and attempt to secure times when the physician will be available to testify.

(B) The lawyer has an obligation to keep the physician apprised of any change in trial date or

times, or of settlement of the case.

physician, if possible.

(D) After a physician has been subpoenaed in accordance with the statute and the physician fails

to appear, the Trial Judge shall intervene upon application by counsel by calling and apprising

the physician of the requirement to appear. If the physician refuses or fails to appear, a bench

warrant shall be issued and the Court shall grant a continuance of 24 hours, when required, for

the attendance of the physician witness.

Note: Former Rule 228; adopted by the Board of Judges, originally General Court Regulation 84-6, effective

November 6, 1984.

Rule *223.1 Trial Procedure—General.

(A) When, in the course of any trial, a document, writing or photograph shall be offered by any

party as an exhibit, either for the purpose of identification or as part of the record in the case, true

and correct copies thereof, or relevant extracts therefrom, shall be presented to the Trial Judge and

to each counsel of record at the time such document, writing or photograph is marked for

identification; provided, however, that this rule shall not apply to (1) X-ray films, or (2) such

lengthy documents as deeds, bonds, mortgages, wills, books of account and voluminous hospital

records, or (3) documents or records produced in Court under subpoena; and provided further that

if compliance with this rule would serve no useful purpose or would result in unreasonable burden

or expense, application shall be made either to the Calendar Judge before trial or to the Trial Judge

before trial for an exemption from compliance with the rule. In the event that such true and correct

copies of documents, writings or photographs, or relevant extracts therefrom, shall not be

produced, and no exemption has been granted, the Trial Judge may, in the exercise of his or her

discretion, refuse to allow such document, writing or photograph to be marked for identification

or received in evidence.

(B) The time to be occupied in examining a witness and addressing the jury shall be regulated by

the Trial Judge.

at liberty, if he chooses to exercise his right, to make an opening address in reply before any

testimony is taken; and, if the privilege is exercised, the defendant’s counsel shall not be precluded

thereafter from offering evidence as to any matters of defense not specifically referred to in his or

her opening address.

(D) After the evidence is closed, only one attorney for each party or group of parties may address

the jury. The attorney for the party or group of parties having the burden of proof shall first sum

up, stating explicitly the grounds relied upon. The attorney for each adverse party or group of

parties may then address the jury, and, if any such party has offered evidence, the attorney who

commenced may conclude, restricting himself or herself to answering the arguments advanced.

Note: Former Rule 225; originally Star Rule *223, adopted June 27, 1968.

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Rule *227. Motions for Post-Trial Relief.

(a) Time for filing. All motions for post-trial relief shall be filed within the time limits prescribed

by Pa.R.C.P. 227.1(c).

(b) Filing Procedure. All motions for post-trial relief shall be filed with the Office of Judicial

Records and the Post-Trial Motions Unit of the Motion Court. All motions for post-trial relief shall

be accompanied by a certificate of service setting forth the name of the Trial Judge and the names,

addresses and telephone numbers of all counsel and unrepresented parties. The post-trial motions

shall be assigned to the Trial Judge immediately upon filing.

See www.courts.phila.gov/forms for the current version of the Notice to the Post-Trial Motions Clerk and

Proof of Service.

requested by the moving party, in writing, attached to the motion for post-trial relief. All requests

by opposing parties for argument before a court en banc shall be filed with the Office of Judicial

Records and Motion Court within five days of service of the motion for post-trial relief.

(d) Trial Transcripts.

(1) Trial transcripts shall be requested as provided in Pa.R.C.P. 227.3 and Pa.R.J.A. 5005.5(a)

in writing addressed to the Court Reporter and to the Manager of Court Reporters, 1321 Arch

Street, 3rd Floor, Philadelphia, PA 19107.

(2) The court reporter shall file the original notes of testimony, or that portion of the record

ordered to be transcribed, with the Post-Trial Motions Unit of the Motion Court (for

transmission to the Trial Judge) no later than 30 days after the notes of testimony are ordered.

The Court Reporter shall contemporaneously with the filing of the notes of testimony deliver

a copy to any party who has requested and paid for them and shall advise the Manager of Court

Reporters in writing that the requested transcript has been filed and delivered.

(e) Disposition of Post-Verdict Motions.

(1) Oral Argument. The Trial Judge shall schedule oral argument for a date certain taking into

consideration the dictates of Pa.R.C.P. 227.4(1)(b).

(2) Briefs. The court may require the parties to submit briefs in support of, or contra, the post-

verdict motions.

(3) Disposition Date. The court shall dispose of the post-trial motions within 120 days of the

filing of the first post-trial motion unless the parties agree in writing to waive the application

of Pa.R.C.P. 227.4(1)(b).

(f) Notice of the Entry of an Order Disposing of the Post- Verdict Motions. Notice of the entry of

the Order disposing of the post-verdict motions shall be given as provided by Pa.R.C.P. 236.

Note: General Court Regulation No. 96-2, issued July 22, 1996, reflecting the adoption by the Board of

Judges on May 16, 1996, effective immediately.

Rule *227.3 Transcript of Testimony.

(a) Post-Trial Motions. The court may, upon receipt of a copy of a request for partial transcript, or

upon receipt of a partial transcript, request that the Official Court Reporter transcribe additional

portions of the transcript, or the entire transcript, if the transcription of the increased portion of the

transcript is deemed necessary for the disposition of the outstanding post-trial motions. The cost

of such transcription shall be incurred by the party who filed the post-trial motions. In the event

more than one party has filed post-trial motions, the cost of transcription shall be borne equally

between or among such parties.

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(b) Appeals. Upon receipt of the order for transcription of notes of testimony in connection with

an appeal, and the requisite payment or deposit thereon, the Official Court Reporter shall prepare

a full transcript of the case on appeal, unless the appellant or a cross-appellant has requested and

obtained an order of diminution of transcription from the trial court. Pa.R.A.P. 1922 requires that

an application for an order providing for less than the entire proceeding shall be made in civil cases

within two days after the order for transcript is filed, and in criminal cases as provided in

Pa.R.Crim.P. 115. As provided in Pa.R.A.P. 1911, the appellant must request and pay for the

transcription of testimony; however, cross-appellants shall share the initial expense equally with

all other appellants.

Note: Adopted May 16, 2006, effective September 4, 2006.

Rule *227.5 Bill of Costs.

(A) Time for Filing. A bill of costs may be filed with the Office of Judicial Records no later than

ten (10) days after final judgment. A judgment becomes final when the applicable appeal period

has expired without appeal. A copy of the bill of costs shall immediately be served on all parties

to the action and an affidavit of service filed with the Office of Judicial Records within two days

after service.

(B) Parties Entitled. Costs shall be allowed to a prevailing party except as otherwise provided by

law or unless waived by a party who would otherwise be entitled thereto. A prevailing party shall

include:

(1) A party in whose favor a final judgment is entered.

(2) A party in favor of whom a non pros is entered.

(3) Defendants for whom judgment is entered, or who are dismissed from the action, even

though the plaintiff ultimately prevails over the remaining defendants.

include:

(1) Record Costs. All costs of record appearing on the docket including but not limited to the

Office of Judicial Records fees and costs, the Sheriff’s fees and costs, and the jury fee.

(2) Non-record Costs. Costs not appearing of record, including but not limited to:

(a) Statutory witness fees. The bill shall set forth the names of witnesses, the dates of their

attendance, the number of miles actually travelled by them, and the place from which mileage

is claimed;

(b) Costs of subpoenas for appearance in Court, including costs of service thereof;

(d) Fees of appraisers, auditors and/or examiners where necessary to the action;

(e) Notary fees;

(f) Attorneys’ fees if expressly authorized by statute or stipulation; and

(g) Filing fee for the bill of costs.

(3) Such other costs as are allowable by law.

(D) Proof of Costs. The bill of costs shall be verified by the affidavit of the party, his agent or

attorney, stating that the disbursements set forth have been necessarily incurred and are reasonable

in amount, and if incurred for the attendance of witnesses, that the witnesses named were actually

present in Court and that, in his opinion, they were material witnesses.

(E) Exceptions. No later than twenty (20) days after final judgment, exceptions (identifying those

costs to which objection is made with the reason therefor) shall be filed with the Office of Judicial

Records and a copy served on other parties. Failure to so file exceptions shall be deemed a waiver

of all objections. Upon expiration of the period for filing exceptions and upon praecipe, the Office

of Judicial Records shall (1) where exceptions have been so filed, set a hearing date and give the

Revised 1-20-20

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parties at least ten days notice thereof; or (2) where no exceptions have been so filed, impose the

costs. Where a hearing is held, upon conclusion thereof, the Office of Judicial Records shall decide

what costs are to be taxed and shall file a decision itemizing the taxable costs.

(F) Appeal. An affected party may appeal from the Office of Judicial Records decision within ten

(10) days from the date of written notice thereof by filing a notice of appeal of taxation of costs in

accordance with the procedure for filing a motion as set forth in Philadelphia Civil Rule

*208.3(b)(3). The cover sheet shall set forth the name of the Trial Judge, that the action was an

arbitration matter, or that no judge had been assigned. The notice of appeal shall specify the costs

taxed by the Office of Judicial Records to which the appellant excepts and the reasons for the

exceptions. The notice of appeal shall be filed with the Motion Court and a copy shall immediately

be served upon all interested parties. If the Court modifies the decision of the Office of Judicial

Records as to the amount or responsibility for costs, the reasons therefor shall be stated in writing

and filed of record.

(G) Enforcement of Payment. After taxation is final, the costs shall be entered on the record,

included in the final judgment and collected with that judgment. Where costs are taxed against a

party without a judgment for monetary damages, a judgment in the amount of the costs taxed shall

be entered against such party.

(H) Taxation of Costs of Settlement. Upon disposition by settlement, each party shall bear its own

costs unless otherwise agreed.

(I) Forms.

(1) The bill of costs shall be substantially in the following form:

See www.courts.phila.gov/forms for the current version of the Bill of Costs.

(2) The praecipe referred to in paragraph (E) above shall be substantially in the following

form:

See www.courts.phila.gov/forms for the current version of the Praecipe to Tax Costs.

Note: Former Rule 380; originally Star Rule *308, amended by The Board of Judges, November 15, 1979,

effective immediately; further amended by General Court Regulation 84-66, effective November 6, 1984.

Amended May 20, 2004, effective July 26, 2004.

Rule *229 Termination of Cases.

(A) Termination of a case prior to the entry of an arbitration award, verdict or judgment may be

accomplished without leave of Court only by filing a praecipe to settle, discontinue and end, or a

praecipe to discontinue (without prejudice), signed on behalf of all parties who have asserted

claims in the action.

(B) Termination of an appeal from arbitration before the entry of a verdict or judgment may be

accomplished without leave of Court only by filing a praecipe to discontinue the appeal signed on

behalf of all parties. If an appeal is discontinued, the arbitration award will remain on the judgment

index unless an order to satisfy the award signed on behalf of the prevailing party or parties also

is filed.

verdict or judgment may be accomplished without leave of Court only by filing a praecipe to satisfy

the award, verdict or judgment signed on behalf of the prevailing party or parties.

(D) When a settlement has been consummated, an award, verdict or judgment has been paid, or

the parties have otherwise agreed to terminate a case, the appropriate praecipe or praecipes shall

be filed within twenty (20) days thereafter, in default of which sanctions may be imposed.

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Note: Former Rule 162; originally Star Rule *229; adopted by the Board of Judges, General Court Regulation

75-8, August 7, 1975; amended by General Court Regulation 83-4, effective December 5, 1983. This rule has

been expanded to state the existing requirements concerning signatures by the appropriate parties, discontinuance

of arbitration appeals, and satisfaction of the liens created by awards, verdicts and judgments.

Rule *229.1 Sanctions for Failure to Deliver Settlement Funds.

(A) The following definitions shall apply:

“Released Party.” A party released from a claim or claims of liability by a release executed

pursuant to an agreement of settlement.

“Releasing Party.” A party who, by execution of a release pursuant to an agreement of settlement,

has agreed to forego a claim or claims of liability against a Released Party.

“Settlement Funds.” Payment, by a Released Party in any form of monetary exchange, to a

Releasing Party pursuant to an agreement of settlement.

(B) The provisions of this rule shall not apply to the annuity or future installment portion of a

structured settlement agreement.

provisions of this rule.

(D) A Released Party shall have twenty (20) calendar days from receipt of an executed release

within which to deliver the settlement funds to the Releasing Party or its counsel.

(E) If settlement funds are not delivered to the Releasing Party within the aforesaid twenty (20)-

day period, the Releasing Party may:

(1) invalidate the settlement; or

(2) file an affidavit with Motion Court attesting to non-payment. Such affidavit shall be

accompanied by (a) the form of Order specified in paragraph (G) below, (b) a copy of any

document evidencing the terms of the settlement agreement, (c) a copy of the executed release,

and (d) a copy of a receipt reflecting delivery of the executed release more than twenty (20)

days prior to the date of filing of the affidavit. The attorney shall certify to the Court the

applicable interest rate and shall certify that the affidavit and accompanying documents have

been served on all interested counsel.

(F) Upon receipt of the attorney affidavit and supporting documentation required by paragraph

(E)(2) above, the Released Party shall have twenty (20) days to file a response. If the Court finds

that the Released Party has violated this rule and that there is no material dispute as to the terms

of the settlement or the terms of the release, the Court shall impose sanctions in the form of interest

calculated as set forth below together with reasonable attorneys’ fees incurred in the preparation

of the affidavit. Interest shall be calculated at the rate equal to the prime rate as listed in the first

edition of the Wall Street Journal published for the calendar year preceding the date on which the

settlement funds were payable, plus one percent, not compounded, calculated from the twenty-first

day after the date of the settlement to the date of delivery of the settlement funds.

(G) The affidavit shall be accompanied by an Order in substantially the following form:

ORDER

AND NOW, this ____ day of __________________, 20____, upon consideration of the affidavit of

(Releasing Party’s attorney) counsel for (Releasing Party), and the exhibits thereto, and upon a finding that

payment was not made within twenty days of receipt of the executed release in the above-captioned action,

it is hereby ORDERED and DECREED that in addition to the settlement funds of $(settlement amount),

(Released Party) is ordered to pay forthwith simple interest thereon at the rate of (interest rate as determined

in accordance with subsection (F) ) on $(settlement amount) from (21st day) to the date of delivery of the

settlement funds, together with $(attorneys’ fees) in attorneys’ fees, pursuant to Philadelphia Civil Rule

229.1.

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Note: Former Rule 172; adopted by the Board of Judges, originally General Court Regulation 85-7, effective July

22, 1985. Amended May 19, 2003, effective July 1, 2003. Amended May 19, 2005, effective August 22, 2005.

Rule 320 Appeals from State and Local Agencies.

(A) Applicability. The Office of Judicial Records shall maintain a special docket for appeals from

the determinations of state and local agencies (“statutory appeals”). Statutory appeals (and matters

ancillary thereto) shall be presented to and determined by the Supervising Judge of Appeals

(“Supervising Judge”).

(B) Manner of Taking Appeal. An appeal may be commenced by filing a Notice of Appeal with

the Office of Judicial Records. The Notice of Appeal shall be in substantially the following form:

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

for each agency whose determinations are appealed on a regular basis (“agency-specific orders”).

For agencies whose determinations are seldom appealed, the Supervising Judge shall publish a

standing order of a generic nature. The Office of Judicial Records shall provide appellant(s) with

an agency-specific (or generic) standing order whenever a notice of appeal is filed. Every appeal

(and matter ancillary thereto) shall be governed by the aforesaid standing order and any

supplemental order, which may be issued by the Supervising Judge.

(D) Manner of Service. The persons to be served, and the manner of making service, shall be

specified in the standing order.

(E) Parties.

(a) The following persons shall be deemed parties opposed to the appeal unless they opt out

by filing a praecipe with the Office of Judicial Records within 60 days of service of the Notice

of Appeal:

(1) the person(s) who initiated the proceedings before the agency below;

(2) the City of Philadelphia, but only in appeals involving local agencies;

(3) the School District of Philadelphia, but only in appeals involving school taxes; and

(4) the Commonwealth of Pennsylvania, but only in appeals involving state agencies.

(b) Others may obtain party status by intervening in accordance with the procedures set forth

in the standing order.

Note: Former Rule 146; adopted by The Board of Judges, originally General Court Regulation 81-7, July 30,

1981. Amended by General Court Regulation 81-8, September 9, 1981, General Court Regulation 88-2, February

18, 1988, and Administrative Docket 4 of 93, December 30, 1993. Former rule rescinded and new rule adopted

May 23, 1997, effective July 1, 1997.

Rule 320. Statutes authorizing appeals from state agencies (and some local agencies) often require the appeal to be

commenced by “petition.” See, e.g., 47 P.S. §4-464 (appeals involving the Liquor Control Board). Statutory

requirements of this sort usually predate the constitutional remodeling of 1968 but, in any event, may be ignored. See,

e.g., Appeal of Borough of Churchill, 575 A. 2d 550, 554 (Pa. 1990) (legislative bodies may not dictate civil procedure

to Pennsylvania Courts). See also Albrechta v. Borough of Shickshinny, 565 A.2d 198, 201 (Pa. Commw. 1989)

(improper appeal process may be transformed into valid process), appeal denied, 577 A.2d 891 (Pa. 1990).

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Page | 18

Rule *430. Publication.

The Legal Intelligencer is designated as the legal publication for the publication of legal notices

required to be published by statute, rule or court order.

Note: Former Rule 100; originally Star Rule *233, adopted June 7, 1956, and Star Rule *326. Amended May 20,

2004, effective July 26, 2004. Former Rule *430.2, renumbered and amended by order dated December 5, 2019,

published in the Pennsylvania Bulletin on December 21, 2019, and effective January 20, 2020.

Rule *430.1 Alternative Service.

Rescinded.

Editor’s Note: Pa. R.C.P. 430, which supplants this local rule, identifies the prerequisite good faith

investigation that must be conducted before seeking service by special order of court.

Note: Former Rule 141; adopted by the Board of Judges, originally General Court Regulation 81-6, effective July

14, 1981. Amended May 20, 2004, effective July 26, 2004. Rescinded by order dated December 5, 2019,

published in the Pennsylvania Bulletin on December 21, 2019, and effective January 20, 2020.

Rule *440 Service of Papers.

(A) Unless otherwise provided by statute or rule of Court, a copy of each paper filed in any case

other than the writ or complaint by which an action is commenced, or other original process, shall

be served by the party filing it upon all other parties to the litigation or their attorneys of record.

Such service shall be complete upon mailing and proof thereof shall be attached to the paper at the

time of filing with the Office of Judicial Records.

(B) In all cases in which the validity, sufficiency, or constitutionality of an ordinance of city

council, or regulation adopted by an executive official pursuant to councilman’s authorization,

appears from the pleadings to be drawn in question, it shall be the duty of the party raising the

same to serve notice thereof, in writing, accompanied by a copy of the pleadings to date, on the

City Solicitor within forty-eight (48) hours after the said pleading shall be filed.

original or interlocutory, fails to appear in response thereto, proof of service of the same must be

filed in the case before the Court will act thereon.

Note: Former Rule 42; originally Star Rule *327; paragraph A amended by the Board of Judges, General Court

Regulation 86-5, effective August 4, 1986.

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Rule *1001 General Provisions Applicable to Municipal Court Appeals.

(a) Types of Final Orders of the Municipal Court Appealable to the Court of Common Pleas.

(1) Final orders issued by the Municipal Court in connection with money judgments pursuant

to 42 Pa.C.S. §1123(a)(4) and (6), and Landlord—Tenant orders pursuant to 42 Pa.C.S.

§1123(a)(3), are appealable to the Court of Common Pleas. The proceeding on appeal shall be

conducted de novo in accordance with the Rules of Civil Procedures that Civil Division Rules

Rule *1001 would be applicable if the action being appealed was initially commenced in the

Court of Common Pleas.

(2) Final orders issued by the Municipal Court in connection with actions to enjoin a nuisance

pursuant to 42 Pa.C.S. §1123(a)(7) and (8) are appealable to the Court of Common Pleas, but

the appeal is limited to a review of the record.

Note: 42 Pa.C.S. §1123(a)(8)(a.1) provides that contempt orders issued in connection with nuisance actions shall

be heard by the Superior Court of Pennsylvania.

(3) Supplementary Orders. Orders granting or denying a petition to open a default judgment

and any other post-judgment orders are appealable to the Court of Common Pleas, but the

appeal is limited to a review of the record.

(b) Notice of Appeal. A Notice of Appeal, substantially in the form set forth below as Attachment

1, shall be filed with the Office of Judicial Records, within the time periods set forth below, and

the requisite filing fee shall be paid.

(1) Money judgment only: within 30 days after the date of the entry of a judgment for money

on the dockets of the Municipal Court.

(2) Landlord-Tenant, residential lease, possession: within ten (10) days after the date of the

entry of a judgment of possession of real property on the dockets of the Municipal Court, if the

appeal is for possession of real property only or for both possession and money judgment

arising out of a residential lease.

(3) Landlord-Tenant, residential lease, money judgment: within thirty (30) days after the date

of the entry of a judgment of possession on the dockets of the Municipal Court, if the appeal

is only for the money judgment arising out of a residential lease.

(4) Landlord-Tenant, non-residential lease: within 30 days after the date of the entry on the

dockets of the Municipal Court of judgment for money, or a judgment for possession of real

property arising out of a nonresidential lease.

(5) Supplementary Orders: within 30 days after the date of the entry of the order on the dockets

of the Municipal Court.

(d) Service. The Notice of Appeal shall be served on the appellee as provided by the rules

applicable to service of original process in Philadelphia County, as set forth in Pa.R.C.P. No. 400.1.

Upon implementation of the Civil Electronic Filing System as provided in Philadelphia Civil Rule

*205.4, notice of the filing of the Notice of Appeal will be served on the Philadelphia Municipal

Court electronically by the Civil Electronic Filing System.

Until the Civil Electronic Filing System is implemented, the appellant must serve a copy of the

Notice of Appeal on the Philadelphia Municipal Court as required by Pa.R.C.P. No. 400.1.

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Page | 20

(e) Return of Service. The appellant must file a return of service as required by Pa.R.C.P. No. 405.

(f) Pleadings and Legal Papers.

(1) Appeals filed pursuant to Philadelphia Civil Rule *1001(a)(1).

i. If the appellant was the plaintiff or claimant in the action before the Municipal Court, he

shall file a complaint within twenty (20) days after filing the Notice of Appeal.

ii. If the appellant was the defendant in the action before the Municipal Court, he shall file

with the Notice of Appeal a praecipe requesting the Office of Judicial Records to enter a

rule as of course upon the appellee to file a complaint within twenty (20) days after service

of the rule or suffer entry of a judgment of non pros.

iii. When judgments have been rendered on complaints of both the appellant and the

appellee and the appellant appeals from the judgment on his complaint or on both

complaints, the appellee may assert his claim in the Court of Common Pleas by pleading it

as a counterclaim if it can properly be so pleaded in that court. If the appellant appeals only

from the judgment on his complaint, the appellee may appeal from the judgment on his

complaint at any time within thirty (30) days after the date on which the appellant served

a copy of his Notice of Appeal upon the appellee.

Note: Pa.R.C.P.M.D.J. No. 1004 is the source of section (f)(1).

iv. All further pleadings and proceedings shall be in accordance with the Rules of Civil

Procedures that would be applicable if the action being appealed was initially commenced

in the Court of Common Pleas.

(2) Appeals filed pursuant to Rule *1001(a)(2) and (3).

i. Within twenty (20) days of the filing of the Notice of Appeal, the appellant must file a

motion with the Office of Judicial Records in compliance with Pa.R.C.P. No. 208.1 et seq.

and Phila.Civ.R. *208.2(c) et seq., setting forth the relief requested, and shall attach:

a. a copy of the Statement of Claim, the Landlord/Tenant Complaint or Code En-

forcement Complaint which was filed in the Municipal Court;

b. the stenographic record of the proceeding before the Municipal Court, if available,

or proof that transcription of the stenographic record has been ordered; and

c. all other documents required to be filed by Philadelphia Civil Rule 208.1 et seq.

which is necessary to enable the court to decide the issue presented.

ii. All further legal papers and proceedings shall be in accordance with Pa.R.C.P. No. 208.1

et seq. and Phila.Civ.R. *208.2(c) et seq. and with the Rules of Civil Procedures that would

be applicable if the action being appealed was initially commenced in the Court of

Common Pleas.

(g) Hearing or Trial.

(1) Appeals filed pursuant to Rule *1001(a)(1) shall be scheduled for a hearing at the

Arbitration Center, and the case shall proceed as an “Arbitration” Case Type.

(2) Appeals filed pursuant to Rule *1001(a)(2) and (3) shall proceed as motions, pursuant to

Pa.R.C.P. No. 208.1 et seq. and Phila.Civ.R. *208.2(c) et seq. The appeal shall be limited to a

determination by the Court whether the Municipal Court committed an error of law or abused

its discretion in ruling upon the petition or motion which is the subject of the appeal. Upon the

issuance of a dispositive order by the Court of Common Pleas, the action shall be remanded to

the Municipal Court for further processing consistent with the order.

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Page | 21

(h) Striking Appeal. Upon failure of the appellant who was the plaintiff in the Municipal Court

action to file a complaint within twenty (20) days of the filing of the appeal as required by section

(f)(1)(i), or upon the failure of the appellant who was the defendant in the Municipal Court action

to serve upon the appellee (who was the plaintiff in the Municipal Court action) of a rule to file a

complaint, or upon the failure of an appellant to file a motion as required by section (f)(2), the

Office of Judicial Records shall, upon praecipe of the appellee, mark the appeal stricken from the

record. The Court of Common Pleas may reinstate the appeal upon good cause shown.

Note: Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, effective September 1,

2008.

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Page | 22

ATTACHMENT 1

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

CIVIL TRIAL DIVISION

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. □S.C. Number □LT Number □CE Number

Check One

NOTICE OF APPEAL

Municipal Court

_______________________________, who was □ the plaintiff □ the defendant in the

Municipal Court action referenced above, files this Notice of Appeal of the Municipal Court’s order which

was entered on the dockets of the Municipal Court on ___________________ as follows:

□ Money Judgment Only (30 days)

□ Landlord -Tenant, residential lease: possession only or possession and

money judgment (10 days)

□ Supersedeas is requested □ Supersedeas is not requested

□ Landlord-Tenant, residential lease, money judgment only (30 days)

□ Landlord-Tenant, non-residential lease, possession or possession and

money judgment (30 days)

□ Supplementary Orders (30 days)

Date: ____________ ____________________________________

Signature

____________________________________

Address

____________________________________

City State Zip Code

Rule *1007.1 Listing Procedures and Jury Fees.

(A) Listing Procedure.

(1) Arbitration Cases. All arbitration cases shall be assigned a trial date in accordance with

Philadelphia Civil Rule *1303.

(2) Cases Not Assigned to Arbitration. All other cases (including appeals from arbitration) shall

be assigned pursuant to Philadelphia Civil Rule *215.

(B) Listing Fees.

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Page | 23

(1) Jury demand shall be made in accordance with Pa.R.C.P. 1007.1. In order to perfect its right to

a jury trial and have the case assigned to the Jury list, a party must pay the Jury listing fee at the

time of the jury demand.

(2) When an appeal is filed from an arbitration award rendered pursuant to Philadelphia Civil Rule

*1301, the procedure for demanding a jury shall be as set forth in Pa.R.C.P. 1007.1(b). The jury

listing fee shall be paid at the time of the demand.

(3) With respect to transfers from arbitration to the major case program, the deadlines for

demanding a jury and paying the jury listing fee shall be the same as for appeals from arbitration.

Note: Amended May 18, 1985, effective 30 days after publication in Pennsylvania Bulletin.

Rule *1007.2 Jury Size in Civil Trials.

(A) Except as provided in paragraph (B) below, juries in civil cases shall consist, initially, of eight

members. Trials in such cases shall continue so long as at least six jurors remain in service. If the

number of jurors falls below six, a mistrial shall be declared upon prompt application therefor by

any party then of record.

(B) Trial by a jury consisting of 12 members may be had if requested in the jury demand at the

time it is made or within 30 days thereafter.

Note: Former Rule 220; adopted by The Board of Judges, originally General Court Regulation 72-23, August 2,

1972; amended by General Court Regulation 78-6, October 5, 1978.

Rule *1008. Municipal Court Appeals as Supersedeas.

(a) General Rule. Except as provided in section (b), (c) and (d) below, service of a copy of the

Notice of Appeal on the Municipal Court operates as a supersedeas.

(b) Supersedeas in Appeals of Judgments of Possession of Real Property Pursuant to Non-

Residential Leases. When the appeal is from a judgment for possession of real property pursuant

to a non-residential lease, receipt by the Municipal Court of a copy of the Notice of Appeal shall

operate as a supersedeas only if the appellant/ tenant, at the time of the filing of the Notice of

Appeal, deposits with the Office of Judicial Records a sum of money (or a bond, with surety

approved by the Office of Judicial Records) equal to the lesser of three months’ rent or the rent

actually in arrears on the date of the filing of the Notice of Appeal, based on the Municipal Court

judgment, and thereafter deposits each month with the Office of Judicial Records an amount equal

to the monthly rent which becomes due while the appeal is pending in the Court of Common Pleas.

The additional deposits shall be made within thirty (30) days following the date of the filing of the

Notice of Appeal, and each successive thirty (30) day period thereafter.

Leases. When the appeal is from a judgment for possession of real property pursuant to a

residential lease, and there is no allegation that the appellant/tenant is indigent, receipt by the

Municipal Court of a copy of the Notice of Appeal shall operate as a supersedeas only if the

appellant/ tenant, at the time of the filing of the Notice of Appeal, deposits with the Office of

Judicial Records a sum of money (or a bond, with surety approved by the Office of Judicial

Records) equal to the lesser of three months’ rent or the rent actually in arrears on the date of the

filing of the Notice of Appeal, based on the Municipal Court judgment, and thereafter deposits

each month with the Office of Judicial Records an amount equal to the monthly rent which

becomes due while the appeal is pending in the Court of Common Pleas. The additional deposits

shall be made within thirty (30) days following the date of the filing of the Notice of Appeal, and

each successive thirty (30) day period thereafter.

Revised 1-20-20

Page | 24

(d) Supersedeas in Appeals of Judgments of Possession of Real Property Pursuant to Residential

Leases. Indigent Tenants.

(1) Residential tenants who seek to appeal from a Municipal Court judgment for possession

and who do not have the ability to pay the lesser of three months’ rent or the full amount of the

Municipal Court judgment for rent shall file with the Office of Judicial Records, as applicable,

either a Tenant’s Supersedeas Affidavit (Non-Section 8), substantially in the form set forth

below, or Tenant’s Supersedeas Affidavit (Section 8), substantially in the form set forth

below.

Explanatory Note: On April 15, 2008, at the recommendation of the Minor Court Rules Committee

(“Committee”), the Supreme Court of Pennsylvania approved amendments to Pa.R.C.P.M.D.J. No. 1008

(effective May 15, 2008). The recommendation was based on federal district court lawsuits challenging the

constitutionality of Pa.R.C.P.M.D.J. No. 1008B as applied to indigent tenants. The Committee noted in its Report

that federal district courts had held that indigent residential tenants’ rights were being violated by Rule 1008B’s

requirement that tenants post three times the monthly rent or the rent determined to be in arrears so that they could

remain in the home while appealing a magisterial district judge’s award of possession to the landlord.

The Committee cited in its Report the federal district court case Wendolyn Pleasant and Tenants’ Action Group

v. Joseph H. Evers, 1998 WL 205431 (E.D. Pa. Apr. 24, 1998), C.A.NO. 97-4124 (Ludwig, J.) and noted: “In

Evers, Community Legal Services challenged Philadelphia Municipal Court’s Rule of Procedure 124, which

required a deposit to be paid in almost the same fashion as Pa.R.C.P.M.D.J. No 1008B. During the early phases

of the protracted litigation, a temporary restraining order was entered enjoining the use of the Municipal Court

rule. Ultimately, Evers led Municipal Court to change its practices and create a standing procedure for indigent

residential tenants’ appeals. That procedure is still used today.”

The procedure recommended by the Committee and approved by the Supreme Court in its April 15, 2008 order

is essentially the Evers procedure which, as the Committee noted, has been in effect in Philadelphia County since

1998; however, that procedure was never adopted as an official court rule. Independently of the Committee’s

effort to address the constitutionality of Pa.R.C.P.M.D.J. No. 1008 as applied to indigent residential tenants in all

counties other than Philadelphia, the Court of Common Pleas of Philadelphia County was in the process of

incorporating the Evers requirements in comprehensive local rules addressing appeals from the Philadelphia

Municipal Court. Philadelphia Civil Rules *1001 and *1008 represent the culmination of that effort and, in order

to foster statewide uniformity, incorporate most, if not all, of the provisions found in Pa.R.C.P.M.D.J. No. 1001

to 1008.

(2)(a) If the rent has already been paid to the landlord in the month in which the Notice of

Appeal is filed, the tenant shall pay into an escrow account with the Office of Judicial Records

the monthly rent as it becomes due under the lease for the months subsequent to the filing of

the Notice of Appeal; or

(b) If the rent has not been paid at the time of filing the Notice of Appeal, the tenant shall

pay:

(i) at the time of filing the Notice of Appeal, a sum of money equal to one third (1/3)

of the monthly rent;

(ii) an additional deposit of two thirds (2/3) of the monthly rent within twenty (20) days

of filing the Notice of Appeal; and

(iii) additional deposits of one month’s rent in full each thirty (30) days after filing

the Notice of Appeal. The amount of the monthly rent is the sum of money found by

the Municipal Court

to constitute the monthly rental for the leasehold premises. However, when the tenant

is a participant in the Section 8 program, the tenant shall pay the tenant share of the

rent as set forth in the “Section 8 Tenant’s Supersedeas Affidavit” filed by the tenant.

Revised 1-20-20

Page | 25

(3) The Office of Judicial Records shall provide residential tenants who have suffered a

judgment for possession with “Supplemental Instructions for Obtaining a Stay of Eviction,”

substantially in the form set forth below.

Note: The Supplemental Instructions include both Instructions and Income Limits. The Income Limits are stated

in monthly amounts and are based upon the most recent poverty income guidelines issued by the Federal

Department of Health and Human Services.

(4) When the requirements of paragraphs (1) and (2) have been met, the Office of Judicial

Records shall issue a supersedeas.

(5) Upon application by the landlord, the Court of Common Pleas shall release appropriate

sums from the escrow account on a continuing basis while the appeal is pending to compensate

the landlord for the tenant’s actual possession and use of the premises during the pendency of

the appeal.

(6) If the tenant fails to make monthly rent payments to the Office of Judicial Records as

described in paragraph (2), the supersedeas may be terminated by the Office of Judicial

Records upon praecipe by the landlord or other party to the action, substantially in the form set

forth below which is to be filed together with a certificate that a copy of the praecipe has been

mailed to each other party who has appeared in the action. Notice of the termination of the

supersedeas shall be forwarded by first class mail to attorneys of record, or, if a party is

unrepresented, to the party’s last known address of record; however, upon implementation of

the Civil Electronic Filing System as provided in Philadelphia Civil Rule *205.4, notice of the

termination of the supersedeas will be served on the Philadelphia Municipal Court

electronically by the Civil Electronic Filing System. The landlord may obtain a writ of

possession from the Municipal Court ten (10) days after the supersedeas is terminated by the

Office of Judicial Records.

Explanatory Note: Although the Office of Judicial Records must provide notice of the termination of the super-

sedeas for non-payment of the monthly rental payments as provided in this subsection, in order to allow the notice

to be delivered to the tenant before the eviction can proceed, the landlord must wait ten (10) days before obtaining

a writ of possession from the Municipal Court after termination of the supersedeas by the Office of Judicial

Records.

(7) If the Court of Common Pleas determines, upon written motion or its own motion, that the

averments within any of the tenant’s affidavits do not establish that the tenant meets the terms

and conditions of paragraph (1), supra, the Court may terminate the supersedeas. Notice of the

termination of the supersedeas shall be forwarded by first class mail to attorneys of record, or,

if a party is unrepresented, to the party’s last known address of record; however, upon

implementation of the Civil Electronic Filing System as provided in Philadelphia Civil Rule

*205.4, notice of the termination of the supersedeas will be served on the Philadelphia Mu-

nicipal Court electronically by the Civil Electronic Filing System.

(8) If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall

terminate. The Office of Judicial Records shall pay the deposits of rental to the party who

sought possession of the real property.

Explanatory Note: Pa.R.C.P.M.D.J. No. 1008 is the source of this local rule. The content of the Note which

appears immediately after Pa.R.C.P.M.D.J. No. 1008 explaining the various provisions has been edited as

appropriate and is adopted as a Note to this local rule.

Note: Subdivision (a) provides for an automatic supersedeas in appeals from civil actions upon receipt by the

Municipal Court of a copy of the Notice of Appeal filed with the Office of Judicial Records of the Court of

Revised 1-20-20

Page | 26

Common Pleas. Subdivisions (b) and (c), however, do require the deposit of money or approved bond as a

condition for supersedeas where the appeal is from a judgment for the possession of real property. Subdivision

(d) provides for appeals by indigent residential tenants who are unable to meet the bond requirements of

subdivision (b) or (c).

The request for termination of the supersedeas, upon the praecipe filed with the Office of Judicial Records, may

simply state: “Please terminate the supersedeas in the within action for failure of the appellant to pay monthly

rental as required by Philadelphia Civil Rule *1008 when it became due” and will be signed by appellee. The

Office of Judicial Records will then note upon the praecipe: “Upon confirmation of failure of the appellant to

deposit the monthly rent when it became due, the supersedeas is terminated,” and the Office of Judicial Records

will sign and date and time stamp the praecipe. A copy of the praecipe may thereupon be filed with the Municipal

Court which rendered the judgment, and a request for issuance of an order for possession pursuant to

Phila.M.C.R.Civ.P. No. 126 may be made.

The deposit of rent required is intended to apply in all cases, irrespective of the reasons which caused the filing

of the complaint before the Municipal Court in the first instance.

Disposition of the monthly rental deposits will be made by the Court of Common Pleas following its de novo

hearing of the matter on appeal.

The money judgment portion of a landlord and tenant judgment would be governed by subdivision (a).

Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008. Promulgated by Order dated

May 20, 2008. Effective thirty (30) days after publication in the Pennsylvania Bulletin.

Note: Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, effective September 1,

2008. Amended by Administrative Order 01 of 2017 issued on March 8, 2017 by Judge Jacqueline Allen, Trial

Division Administrative Judge; published in the Pennsylvania Bulletin on March 25, 2017 and effective April

24, 2017.

Revised 1-20-20

Page | 27

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

TRIAL DIVISION – CIVIL

SUPPLEMENTAL INSTRUCTIONS FOR

OBTAINING A STAY OF EVICTION

****IMPORTANT****

PLEASE READ THESE INSTRUCTIONS CAREFULLY!

This document contains important information about your case.

Failure to comply with any instructions provided in these materials may cause you to be

evicted before your appeal is heard.

FOR TENANTS – SUPERSEDEAS: If you are a tenant and you file a Notice of Appeal, you

must pay money into an escrow account to remain in the property until your appeal is decided.

This is called a “supersedeas.” The supersedeas will suspend the Municipal Court judgment and

will prevent your eviction until your case is heard by a Court of Common Pleas judge and a final

decision is made on the appeal.

IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU

COULD BE EVICTED BEFORE YOUR APPEAL IS HEARD.

Begin by looking at the income limits attached to these instructions.

If your income is below the income limits, complete a Tenant's Supersedeas Affidavit (Non-

Section 8) or Tenant's Supersedeas Affidavit (Section 8), then follow the instructions for low-

income tenants below. There are several different options available; pick the Option (A, B, or

C) that best describes your situation.

If your income is higher than the income limits attached to these instructions, follow the

instructions for Option D.

These forms are available on the website of the First Judicial District at

http://www.courts.phila.gov/forms.

If you fail to pay into escrow the required monthly amount when it is due, the

supersedeas can be terminated upon the filing of a Praecipe Requesting

Termination of Supersedeas, and you may be evicted before your appeal is heard.

FFY 2017 INCOME LIMITS* FOR FILING SUPERSEDEAS

AS A LOW INCOME TENANT

Number of Persons

in Household

Maximum Gross

Monthly Income

Maximum Gross

Yearly Income

One

$ 1,005

$ 12,060

Two

$ 1,354

$16,240

Three

$ 1,702

$20,420

Four

$ 2,050

$ 24,600

Five

$ 2,398

$ 28,780

Six

$ 2,747

$ 32,960

Seven

$ 3,095

$ 37,140

Eight

$ 3,443

$ 41,320

For each additional person add

$ 348

$ 4,180.00

* Issued by the Federal Department of Health and Human Services. Will be updated as applicable.

Revised 1-20-20

Page | 28

OPTION A. If you are a low-income tenant and there was a money judgment entered against you

for nonpayment of rent, and you HAVE NOT paid rent for the month in which the Notice of Appeal

is filed, you must:

1. File an In Forma Pauperis petition (a petition for low-income parties) pursuant to Pa.R.C.P.

No. 240;

2. Pay one-third of your monthly rent into an escrow account with the Office of Judicial Records

at the time the Notice of Appeal is filed;

3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within twenty

(20) days of the date the Notice of Appeal was filed; and

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

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

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

on the number of days in a given month.

OPTION B. If you are a low-income tenant, and there was a money judgment against you for non-

payment of rent, and you HAVE paid rent for the month in which the Notice of Appeal is filed, you

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

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

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

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

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

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

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

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

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

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

“nothing” in rent. You must:

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

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

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

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

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

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

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

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

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

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

the Notice of Appeal; and

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

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

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

given month.

Revised 1-20-20

Page | 29

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

CIVIL TRIAL DIVISION

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. : Landlord - Tenant Number

TENANT'S SUPERSEDEAS AFFIDAVIT

(SECTION 8)

I, ______________________________________________________________________

PRINT NAME AND ADDRESS HERE

________________________________________________________________________,

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

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

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

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

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

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

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

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

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

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

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

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

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

__________________________ ____________________________________________

DATE SIGNATURE OF APPELLANT

Revised 1-20-20

Page | 30

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

TRIAL DIVISION-CIVIL

: _____________ TERM, 20__

Plaintiff, :

: NO.___________

v. :

: ___________________________________

Defendant. Landlord - Tenant Number

TENANT'S SUPERSEDEAS AFFIDAVIT

(NON-SECTION 8)

I, _______________________________________________________________

PRINT NAME AND ADDRESS HERE

_______________________________________________________________________,

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

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

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

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

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

verify this.

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

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

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

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

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

DATE: ____________________________ _______________________________________

SIGNATURE OF APPELLANT

Revised 1-20-20

Page | 31

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

TRIAL DIVISION-CIVIL

: _____________ TERM, 200__

Plaintiff, :

: NO. _____

v. :

: ___________________________________

Defendant. : Landlord – Tenant Number

PRAECIPE REQUESTING TERMINATION OF SUPERSEDEAS

TO THE OFFICE OF JUDICIAL RECORDS:

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

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

Date: ________________ ____________________________________

Appellee

Upon confirmation of failure of the appellant to

deposit the monthly rent when it became due, the

supersedeas is terminated.

[DATE/TIME STAMP]

OFFICE OF JUDICIAL RECORDS

Revised 1-20-20

Page | 32

Rule 1012 Entry and Withdrawal of Appearance.

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

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

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

appearance of counsel of any party.

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

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

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

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

counsel of any party.

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

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

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

certification setting forth the following:

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

provide discovery; and

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

Order, if applicable.

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

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

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

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

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

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

must establish compliance with applicable deadlines and rules.

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

effective July 26, 2004.

Rule *1018. Caption.

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

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

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

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

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

2008.

Revised 1-20-20

Page | 33

Rule *1018.1 Notice to Defend—Form—Contents.

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

Philadelphia Bar Association

Lawyer Referral and Information Service

One Reading Center

Philadelphia, Pennsylvania 19107

Telephone (215) 238-1701

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

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

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

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

number 85-10, effective October 1, 1985.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or an evidentiary hearing, and, if necessary, the court shall set a brief schedule and schedule

argument.

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

Revised 1-20-20

Page | 34

Rule *1028(c). Preliminary Objections.

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

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

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

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

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

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

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

Court to determine the preliminary objections; and

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

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

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

docket of the case.

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

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

(a)(1), (5), (6), (7) or (8), provided a notice to plead is attached to the preliminary objections. An

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

and (4).

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

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

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

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

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

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

Court to determine the preliminary objections; and

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

January 7, 2008.

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

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

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

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

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

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

Pa.R.C.P. 440;

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

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

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

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

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

Revised 1-20-20

Page | 35

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

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

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

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

local rule.

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

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

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

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

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

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

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

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

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

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

by the court.

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

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

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

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

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

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

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

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

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

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

attached as an exhibit. A response may also include additional allegations demonstrating any

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

copy of the “record” (as that term is defined in Pa.R.C.P. No. 1035.1) which demonstrates the

existence of a genuine issue of material fact.

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

November 6, 2006.

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

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

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

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

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

justify entry of judgment.

(B)

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

the Office of Judicial Records shall enter judgment.

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

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

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

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

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

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

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

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

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

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

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

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

defendant.

Court shall appoint an attorney to represent the defendant. The attorney shall inquire into

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

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

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

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

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

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

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

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

allowed by order of the Court.

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

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

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

the Court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rule *1037.2 Judgments by Default—Assessment of Damages.

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

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

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

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

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

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

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

apply in the case.

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

following format if assessment upon praecipe is sought:

(1) Principal amount due;

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

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

(4) Mortgage insurance premium (monthly rate);

(5) Fees (anticipated and actual);

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

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

(8) Other permissible costs.

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

comparison. In the event the plaintiff does not agree with the Office of Judicial Records determina-

tion, the plaintiff must proceed to Motion Court for a ruling on whether the assessment may be

entered by praecipe.

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

Rule *1038 Trial Without Jury.

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

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

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

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

such other matters as the Judge deems desirable.

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

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

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

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

Rule *1041.1 Pleadings in Asbestos Cases.

(A) Master Long Form Complaint.

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

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

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

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

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

subscribed to by each of them.

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

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

capacity in which each defendant will be sued.

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

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

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

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

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

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

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

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

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

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

information:

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

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

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

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

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

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

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

action against that defendant;

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

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

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

which exposure is alleged;

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

exposure and the job site at which the exposure occurred;

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

knowledge of the asbestos-related injuries;

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

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

the persons entitled to recover under the relevant statutes; and

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

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

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

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

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

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

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

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

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

Master Long Form Complaint, including allegations of citizenship, place of doing business,

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

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

the filing of a Supplemental Master New Matter.

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

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

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

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

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

to constitute a denial of all theories of recovery and all liability and damage allegations

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

of all defenses contained in the Master New Matter.

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

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

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

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

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

may include any combination of both.

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

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

days after service of the complaint.

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

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

the necessity of filing a reply.

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

(D) Joinder of Additional Defendants.

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

all defendants without the necessity of any further pleadings.

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

which shall consist of the following information:

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

additional defendant is being joined.

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(b) A statement in the following form:

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

are alone liable to the plaintiff, jointly and severally liable to the plaintiff and/or liable to

the original defendants for contribution and/or indemnification.

alleged common law right to contribution or indemnity.

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

Form Joinder Complaint.

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

Pennsylvania Rules of Civil Procedure.

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

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

constitute a denial of all liability and damage allegations of the joinder complaint and the

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

Master New Matter.

(6) An additional defendant may file a Short Form Answer to the joinder complaint in

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

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

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

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

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

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

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

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

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

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

set forth above for joinder by an original defendant.

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

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

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

upon any other party any pleading containing any claim or defense permitted under the

Pennsylvania Rules of Civil Procedure.

Note: Original Order dated July 30, 1986 in In Re: Asbestos Litigation, October Term, 1986, No. 0001. Former

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

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

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Rule 1300 Voluntary High-Low Common Pleas Court Arbitration.

(A) Program.

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

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

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

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

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

arbitration, which agreement shall be binding.

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

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

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

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

judge available.

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

and binding.

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

to the program.

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

on the amount in controversy.

(B) Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

and the Arbitration Judge has reached his decision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

award.

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

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

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

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

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

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

Rule *1301 Compulsory Arbitration.

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

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

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

Compulsory Arbitration Program:

(a) Cases involving title to real estate;

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

Administrative Judge of the Trial Division.

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

rule.

Rule *1302 Appointment of Arbitrators. Qualifications. Disqualification.

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

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

Court of Common Pleas of Philadelphia County.

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

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

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

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

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

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

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

the necessary information for determination of qualifications.

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

Arbitration Panelist.

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completing the Court supplied Application Form.

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

chairperson for assignment.

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

promptly advise the Director of the Arbitration Center in writing.

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

from the Arbitrator List in accordance with this rule.

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

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

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

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

(a) Scheduling of Arbitration Hearings.

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

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

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

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

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

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

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

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

may be heard at the same time and date before a judge of the court without the absent party or

parties. There is no right to a trial de novo on appeal from a decision entered by a judge.”

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

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

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

provided the Order or Notice scheduling such Arbitration hearing contains the following

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

but, if one or more parties is not present at the hearing, the matter may be heard at the same time

and date before a judge of the court without the absent party or parties. There is no right to a trial

de novo on appeal from a decision entered by a judge.”

(b) Deferred Status.

(1) To Obtain Deferred Status.

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

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

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

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

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

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

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

time to time.

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

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

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

set forth on said Form.

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

Miscellaneous Application.

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

party.

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

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

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

Arbitration Application and Response Forms and Instructions.

(2) Removal of Deferred Status.

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

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

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

(1) Duties of Filing Attorney. The filing attorney shall advise the Arbitration Center that

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

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

Form set forth hereunder within 90 days of the conclusion of the underlying

uninsured/underinsured claim.

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

Action.

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

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

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

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

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

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

Judicial Records prior to the Arbitration Hearing date.

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA

COUNTY FIRST JUDICIAL DISTRICT

CIVIL TRIAL DIVISION

PLAINTIFF : TERM, 20___

v. : NO:

DEFENDANT :

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O R D E R

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

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

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

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

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

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

to the scheduled hearing date.

BY THE COURT:

________________________________________

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

previously deferred which become ripe for scheduling of Compulsory Arbitration hearings

subsequent to the effective date of this rule.

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

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

removed from Deferred Status and appropriate action shall be taken.

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

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

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

the orderly and expeditious determination of Compulsory Arbitration cases.

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

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

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

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

and the legal basis for the continuance, as provided in Pa.R.C.P. 216 and this rule, the posi-

tion of all other counsel or unrepresented parties and the date and time mutually convenient

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

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

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

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

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

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

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

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

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

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

request of any party.

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

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

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

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

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

reasons:

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

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

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

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

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

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

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

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

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

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

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

ciently in advance of the Arbitration Hearing date; and

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

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

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

*1303(h).

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

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

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

for the following non-emergency reasons:

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

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

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

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

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

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

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

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

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

sponsive pleading and for completion of discovery.

(iv) Failure to produce a material witness or party for deposition; provided, however, a Discov-

ery Court Order was issued compelling the deposition of such party which Order has not been

complied with, and there is insufficient time to obtain an appropriate Order from Discovery

Court.

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

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

Revised 1-20-20

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

delay in service of the complaint or disposition of petitions or motions have substantially

delayed discovery.

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

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

will be granted for this reason.

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

determination of compulsory arbitration cases.

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

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

days of the initial date.

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

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

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

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

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

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

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

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

per case.

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

application form.

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

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

advancement to a specific date.

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

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

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

consolidated case.

(f) Transfer from Major List to Arbitration.

(1) By Any Party.

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

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

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

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

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

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

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

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

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

desires to transfer the case to compulsory arbitration, a petition must be filed with the

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

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

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

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

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

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

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

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

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

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

Court Judge will be the Supervising Judge.

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

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

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

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

cases to compulsory Arbitration.

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

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

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

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

arbitration limits; or

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

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

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

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

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

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

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

contain the necessary functionality to effectuate the transfer.

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

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

to the payment of the applicable fee, if any.

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

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

the date of the scheduled Arbitration hearing, unless approved by the Court. Such approval may

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

of the Motion or Petition and self-addressed stamped envelopes to all counsel and interested

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rule *1303.1 Continuances of Arbitration Hearings.

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

Rule *1304 Arbitration Facilities. Call of the List.

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

Common Pleas of Philadelphia County at times designated by the Administrative Judge of the

Trial Division or Manager of the Arbitration Center.

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

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

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

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

effective July 6, 2014.

Rule *1305 Conduct of Arbitration Hearings.

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

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

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

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

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

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

assigned to it.

(b) Admissibility of Documents.

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

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

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

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

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

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

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

within the above time period.

(2) Subrogation.

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

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

permitted to offer into evidence, without further proof, a sworn statement from the plaintiff

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

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

of live testimony of the plaintiff and shall be given the weight that the arbitrators deem

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

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

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

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

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

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

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

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

by the Pennsylvania Assigned Claims Plan.

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

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

evidence to prove damages.

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

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

County.

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

effective July 6, 2014.

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

Rule *1308 Compensation of Arbitrators.

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

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

Administrative Judge of the Trial Division.

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

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

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

effective July 6, 2014.

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

1901.

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

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

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

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

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

certifying that the case is active.

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

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

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

Petition and Answer thereto, if any.

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

effective July 17, 1995.

Rule *1531 Emergency Judge Procedures.

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

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

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

nature during weekends and evenings.

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

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

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

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

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

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

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

to the appropriate number.

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

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

Rule *1533 Notice of Assignment for Benefit of Creditors.

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

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

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

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

Rule *1569 Partition Proceedings—Master’s Report.

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

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

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

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

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

part.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

parties by the Office of Judicial Records.

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

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

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

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

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

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

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

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

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

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

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

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

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

and shall:

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

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

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

form the basis of the cause of action;

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

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

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

lump sum payments;

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

out of settlement proceeds;

Revised 1-20-20

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

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

(5) Contain or be accompanied by the following:

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

of the minor;

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

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

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

litem;

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

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

guardian ad litem;

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

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

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

proposed settlement and the basis for such opinion;

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

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

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

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

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

or disapproval of any proposed allocation of the proceeds;

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

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

relevant Explanations of Benefits received from the Medicare payers and Conditional

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

amount should constitute the maximum Medicare reimbursement exposure to the plaintiff

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

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

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

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

filed with the Court.

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

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

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

complete satisfaction of the terms of the Order.

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

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

Petition; and

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

below.

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

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

Revised 1-20-20

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

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

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

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

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

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

of issues involving distribution.

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

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

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

Conduct, Counsel are advised to maintain time records.

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

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

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

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

third parties.

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

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

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

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

disposition of the Petition.

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

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

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

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

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

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

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

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

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

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

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

counsel fees and expenses or posting of security.

In the alternative, the Court may:

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

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

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

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

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

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

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

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

Revised 1-20-20

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

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

Court.

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

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

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

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

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

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

except upon Order of Court.

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

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

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

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

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

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

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

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

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

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

or filed after service, as appropriate.

(K) Forms. See Appendix.

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

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FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil

PLAINTIFF : TERM, 20

v. :

DEFENDANT : NO:

PETITION FOR LEAVE TO SETTLE OR

COMPROMISE MINOR'S ACTION

To The Honorable, the Judges of the Said Court:

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

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

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

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

__________________________.

The minor resides with ___________________________________ at the following address:

______________________________________________________________________________.

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

______________________________________________________________________________.

A copy of the Order is attached.

5) The minor’s parents are _________________________________________________________

who reside at the following address:

_______________________________________________________________________________.

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

business at all relevant times was ____________________________________________________.

7) On __________________________ at the following location ___________________________,

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

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

In the event the Petition involves an Incapacitated Person, appropriate changes are to be made. See Pa.R.C.P. No.

2051, et seq. and Phila, Civ. R. 2064.

Revised 1-20-20

Page | 57

_______________________________________________________________________________

8) A Complaint was filed against defendant(s) as follows: _________________________________

_______________________________________________________________________________.

9) Attached hereto is a report by Dr. ________________________________ dated ___________

which sets forth the present condition of the minor.

10) Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or

guardian ad litem certifying the physical and/or mental condition of the minor, as well as the

parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and

distribution.

11) Attached hereto is the written approval of the proposed settlement and distribution by the minor,

who is sixteen (16) years of age or older.

12) The following settlement has been proposed:

_______________________________________

_______________________________________________________________________________

______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

13) Counsel is of the professional opinion that the proposed settlement is reasonable due to the

following: _______________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

14) Counsel has incurred the following expenses for which reimbursement is sought (please set

forth in detail)____________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page).

15) The following costs have been incurred by or on behalf of the minor and must be paid from the

Phila. Civ. R. 2039 (D)(5)(f) provides that if there is to be an allocation between adults and minors or among minors,

the amounts allocated to each party and specific reasons for such allocation must be set forth. Additionally, if more than

one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each will receive and

shall provide justification for the requested allocation. In the event a portion of the settlement is payable through the

purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present

cost of the annuity, as well as the periodic and lump sum payments.

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proceeds of the settlement: _________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page.)

16) The Department of Human Services, or any other entity, does (not) have a claim or lien against

the plaintiff(s) as follows ___________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________.

(If additional space is needed, please continue on separate page.)

17) Counsel requests a fee in the sum of $_______________ which is ________________% per

cent of the net settlement payable to the minor. A copy of the retainer agreement is attached.

18) Counsel (has) (has not) and (will) (will not) receive collateral payments as counsel fees for

representation involving the same matter from third parties (i.e. subrogation).

19) The net settlement payable to the minor (after deduction of costs and attorney’s fees) is

$_________________________.

WHEREFORE, Petitioner requests that he/she be permitted to enter into the settlement

recited above and that the Court enter an Order of Distribution

as follows:

To _______________________________ $_________________

Reimbursement for Costs

To _______________________________ $_________________

Counsel Fee

To: Adult Plaintiff(s) (if applicable) $_________________

To ____________________________, A $_________________

Minor,

in restricted accounts not to be

withdrawn before majority or upon prior

leave of Court.

Counsel is cautioned to specifically provide the requested distribution. Requests that distribution be “as per the attached Order”

are not acceptable.

Counsel is cautioned that the restricted account must be set up in the name of the minor only (not in the name of the parent as

guardian for the minor). See Pa.R.C.P. No. 2039(b)(2).

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f) To _________________, the Guardian of $_________________

the Estate of _______________________,

A Minor, appointed or to be appointed by the

Orphans' Court of ______________ County,

after posting appropriate security

_________________________

Name of Attorney

Attorney for Petitioner

V E R I F I C A T I O N

I, _______________________________, am the Petitioner in this action and hereby verify

that the statements made in the foregoing Petition to Settle or Compromise Minor's Action are true

and correct to the best of my knowledge, information and belief.

I understand that the statement in said Petition are made subject to the penalties of 18 Pa.

C.S. §4904 relating to unsworn falsification to authorities.

DATE: _____________ _______________________________

PETITIONER

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FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil

: TERM, 20

: No.

ORDER APPROVING SETTLEMENT

AND

ORDER FOR DISTRIBUTION

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

Leave to Compromise A Minor's Action, filed ___________________ , it is hereby ORDERED and

DECREED that Petitioner is authorized to enter into a settlement with Defendant(s)

_____________ ________________________________________________________ in the gross

sum of _______ ____________________________ ($ ) Dollars. Defendant(s) shall

forward all settlement drafts or checks to Petitioners' counsel for proper distribution.

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as

follows:

1. To: Minor Plaintiff(s)

NAME DOB SS #

___________________ ______________ _____________ $_____________

2. To: Adult Plaintiff(s)

_____________________________________ $_____________

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as

follows:

1. Minor Plaintiff

NAME DOB SS #

___________________ ______________ _____________ $_____________

The share of each minor Plaintiff shall be separately distributed.

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a. To:__________________________, Esquire $_____________

Reimbursement of Costs

b. To:___________________________ $_____________

Costs

c. To:_____________________, Esquire $_____________

Counsel Fees

d. The balance, the sum of $_____________ payable to _____________________,

A Minor, shall be distributed as follows

OPTION 1

To:_____________________, Guardian of the Estate of _____________________, A

minor; provided, however, that no payment shall be made to the guardian until the guardian

has posted additional security as required by the Orphans' Court Division of ____________

County pursuant to 20 Pa. C.S. §5121, et seq. An appropriate Petition shall be filed with the

Orphans' Court within thirty (30) days.

OPTION 2

Counsel is hereby authorized to execute all documentation necessary to purchase saving

certificate(s), from federally insured banks or savings institutions having an office in

Philadelphia County, in the sum of $______________, each not to exceed the insured

amount, with the funds payable to the minor upon majority. The certificate shall be titled

and restricted as follows:

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

entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the

minor attains majority, except upon prior Order of Court.

Counsel shall open a savings account in the sum of $_________________ in the name

of the minor. The savings account shall be titled and restricted as follows:

_____________________, a minor, not to be withdrawn before the minor attains

majority, except for the payment of city, state, and federal income taxes on the

interest earned by the savings certificate and savings account, or upon prior Order of

Court.

In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity

which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum

payments.

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2. Adult Plaintiff

The portion of the settlement payable to __________________________, an Adult Plaintiff

named in the Complaint, shall be distributed as follows:

To: ___________________________, Esquire $____________

Reimbursement of Costs

To: _______________________________ $____________

Costs

To: ___________________________, Esquire $____________

Counsel Fees

To: _____________________________ $____________

Plaintiff

Pursuant to Phila. Civ. R. 2039 (H), counsel shall file with the Office of Judicial Records

within

sixty (60) days of the entry of this final Order, proof of the establishment of the accounts as required

herein, by Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the

Affidavit a copy of the Certificate of Deposit and/or bank account containing the required

restrictions.

BY THE COURT:

_________________________________

ORPHANS' COURT DIVISION

The share of each adult plaintiff shall be separately distributed.

If the Petition has been filed with the Clerk of the Orphans’ Court Division pursuant to Rule *2039 (B)(2), the

Affidavit shall likewise be filed with the Clerk of the Orphans’ Court Division.

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Page | 63

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

Trial Division - Civil

: TERM, 20

v. :

: NO:

AFFIDAVIT

I, , Esquire, hereby state and affirm that I have complied

with the Order issued on ___________________ by the Honorable ______________________ as

follows:

Copies of bank accounts are attached hereto.

I verify that the statements in this Affidavit are made subject to the penalties of 18 Pa. C.S.

4904 relating to unsworn falsification to authorities.

DATE: ____________ ______________________________________

, Esquire

Attorney for Petitioner

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Rule *2039.1 Motions for Approval of Settlements Where a Minor or Incompetent Has an

Interest.

Note: Amended May 20, 2004; effective July 26, 2004; amended November 15, 2007, effective January 7, 2008.

Rescinded May 19, 2016, effective July 11, 2016.

Rule *2039.2 Motions for Allowance.

(A) Motions for Allowance in those cases where a guardian has been appointed by the Orphans’

Court Division shall be filed directly with such Division.

(B) All other Motions for Allowance, irrespective of which Judge approved the original settlement,

shall be filed with the Office of Judicial Records. All such motions shall be decided by the Motion

Court Judge, except where the original Judge has retained jurisdiction of the case. Said motions

are not subject to any further filing requirements of the Motion Court under Philadelphia Civil

Rule *208.3(b)(3).

(1) The facts and circumstances surrounding the origination of the minor’s fund;

(2) A chronological statement of all prior requests for allowance, including the reasons

therefor, the amounts thereof, and the disposition;

(3) The age of the minor at the time the fund was created and the minor’s present age;

(4) The original amount of the minor’s fund and the present balance of same; and

(5) The circumstances and reasons supporting the request for allowance.

(D) All motions shall be accompanied by:

(1) A proposed Order;

(2) A copy of the Original Motion for Compromise and the Order of Distribution;

(3) Copies of all prior requests for allowances and the Orders with respect to same;

(4) Substantiating documentation to support the proposed request; and

(5) A consent filed by the movant.

Note: Former Rule 166, adopted by the Board of Judges, September 15, 1983.

Note: [Existing Rule *2039.2 remains unchanged.] General Court Regulation no. 92-1 date of Order October 2,

1992; please see Joint General Court Regulation No. 97-1 on page 95 for implementing procedures and forms;

amended May 20, 2004, effective July 26, 2004; amended November 15, 2007, effective January 7, 2008. Joint

General Court Regulation No. 97-1 may impact this rule.

Rule *2064. Procedure to Compromise, Settle, Discontinue or Distribute Funds in Matters

Involving Incapacitated Persons. See also Pa.R.C.P. Nos. 2064 and 2206.

(A) When Petition Required. No action in which an incapacitated person is a party shall be

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

Compromise, Settlement, Discontinuance or Distribution. In addition to the requirements set

forth in this Rule, Petitions for Approval of dispositions of Wrongful Death or Survival Actions

involving incapacitated persons must also comply with Pa.R.C.P. No. 2206.

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

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

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

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

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Page | 65

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

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

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

parties by the Office of Judicial Records.

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

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

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

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

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

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

de jure, has an interest and the Settlement Judge or the Trial Judge has not appointed a guardian

ad litem, and the Judge of the Orphans' Court Division believes it necessary that the

incapacitated person be represented separately, the Orphans' Court Judge shall appoint a

guardian ad litem, who shall be an attorney in good standing who is admitted to practice law in

the Commonwealth of Pennsylvania, to represent the incapacitated person's interest. A guardian

ad litem may be appointed if required by the circumstances without regard to whether a guardian

of the person or of the estate of the incapacitated person has been appointed.

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

and shall:

(1) Set forth the date of birth and the address of the incapacitated person, the names and

addresses of all guardians of the person, the estate and/or ad litem of the incapacitated

person, and the appointing court, and a factual recitation of the salient facts which form the

basis of the cause of action;

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

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

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

lump sum payments;

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

out of settlement proceeds;

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

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

(5) Contain or be accompanied by the following:

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

of the incapacitated person;

(b) A verified statement by the guardian of the person of the incapacitated person, or the

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

the incapacitated person, and a copy or the decree appointing the guardian of the person

or guardian ad litem;

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

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

guardian ad litem;

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

proposed settlement and the basis for such opinion;

(e) If there is to be an allocation between a sui juris adult and an incapacitated person, a

statement of the amounts allocated to each party and specific reasons for such proposed

allocation;

(f) If a guardian ad litem has been appointed, a statement of the professional opinion of

the guardian ad litem as to the reasonableness of the proposed allocation, and the basis

for such opinion. The guardian ad litem shall give specific reasons for his or her approval

or disapproval of any proposed allocation of the proceeds;

(g) Statement of the final lien amount from the Department of Human Services;

(h)(1) Statement of the amount paid by Medicare for medical costs as reflected on the

relevant Explanations of Benefits received from the Medicare payers and Conditional

Payment letters received from the Medicare Secondary Payer Recovery Contractor. This

amount should constitute the maximum Medicare reimbursement exposure to the plaintiff

for which funds from the settlement amount should be reserved. Should the actual

reimbursement to Medicare be less than the reserved amount as a result of allowances by

Medicare for the fees, costs or other factors, the balance shall be distributed in

accordance with the Court Order, and shall be reflected in the Affidavit of Compliance

filed with the Court.

(2) In the event that compliance with the Court's Order is not fully accomplished, the

attorney shall describe the extent of compliance and any reasons for delay in an Affidavit

filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon

complete satisfaction of the terms of the Order.

(i) Statement from medical care providers agreeing to compromised amount(s), if any;

(j) Any other information which might be helpful for the orderly disposition of the

Petition; and

(k) A proposed Order of Distribution, etc., substantially in the form set forth in (K) below.