THE COURTS

Title 255--LOCAL
COURT RULES

DELAWARE COUNTY

Adoption of Local Rule 206.1(a)(c) Petition. Definition. Form. Content

[34 Pa.B. 3873]

Order

   And Now, to wit, this 28th day of June, 2004, it is hereby Ordered that Delaware County Local Rule 206.1(a) related to petitions is Adopted and shall read as follows:

The following applications are defined as ''petitions'' and are to be governed by Rule 206.1, et seq.

The following petitions are scheduled for a hearing upon filing

(1)  Petition for adjudication of local agency

(2)  Petition for appointment of CPA as auditor

(3)  Petition for appointment of private police officer

(4)  Petition for appointment of a receiver

(5)  Petition for approval of bond

(6)  Petition to approve increase in municipal tax levy

(7)  Petition for attachment of bank accounts

(8)  Petition for change of name pursuant to 54 Pa.C.S.A. § 701 et seq.

(9)  Petition to change school district election districts

(10)  Petition to compromise, settle, or discontinue minor's action pursuant to Pa.R.Civ.P. 2039

(11)  Petition to disapprove a private sale by the Tax Claim Bureau

(12)  Petition to evict

(13)  Petition for expunction

(14)  Petition to fix fair market value of real property sold pursuant to Pa.R.Civ.P. 3282

(15)  Petition to issue certificate of title

(16)  Petition for judicial review of revocation of firearms license

(17)  Petition to levy taxes exceeding 30 mills for general municipal purposes

(18)  Petition nunc pro tunc--license suspension appeal

(19)  Petition for objection and exception to upset tax sale

(20)  Petition for private detective license

(21)  Petition for release of property from levy pursuant to Pa.R.Civ.P. 3119

(22)  Petition for return of firearms

(23)  Petition for sale of school district real estate

(24)  Petition to sell real estate at private sale

(25)  Petition to set aside tax sale of real estate

(26)  Petition to set tax millage for police benefits

(27)  Petition to stay tax sale

(28)  Petition to strike off nomination petition

(29)  Petition for supplemental relief in aid of execution pursuant to Pa.R.Civ.P. 3118

(30)  Petition to transfer liquor license

(31)  Petition for vehicle registration suspension

The following petitions are referred directly to a Judge.

(32)  Petition to direct the Sheriff to relist Sheriff's sale

(33)  Petition for emergency relief--stay all proceedings

(34)  Petition for emergency relief--stay public sale of real property

(35)  Petition for emergency relief--set aside Sheriff's sale

(36)  Petition for ex parte writ of seizure

(37)  Petition for liquor license appeal

(38)  Petition nunc pro tunc--liquor license appeal

(39)  Petition to postpone Sheriff's sale

(40)  Petition to proceed in forma pauperis

(41)  Petition to set aside Sheriff's sale

(42)  Petition to stay Sheriff's sale

(43)  Petition to stay suspension

(44)  Petition for zoning hearing--remand to Hearing Board

The following petitions require an answer within twenty (20) days.

(45)  Petition to amend answer

(46)  Petition to amend caption

(47)  Petition to amend complaint

(48)  Petition to amend new matter

(49)  Petition to appoint arbitrator

(50)  Petition to appoint Board of View pursuant to 56 P. S. § 1-504

(51)  Petition to approve settlement of wrongful death and survival action

(52)  Petition to approve disbursement of funds

(53)  Petition to approve settlement

(54)  Petition for change of venue

(55)  Petition to confirm arbitration award

(56)  Petition for confirmation of the sale of real property

(57)  Petition for contempt

(58)  Petition for counsel fees

(59)  Petition for counsel fees and costs

(60)  Petition to disburse proceeds of escrow fund

(61)  Petition to disqualify attorney from representing client

(62)  Petition to disqualify the Board of Judges of Delaware County

(63)  Petition to dissolve or terminate supersedeas

(64)  Petition to enforce settlement

(65)  Petition for interpleader pursuant to Pa.R.Civ.P. 2302

(66)  Petition to intervene pursuant to Pa.R.Civ.P. 2328

(67)  Petition to issue order of possession

(68)  Petition to issue subpoena

(69)  Petition to join additional defendant

(70)  Petition for leave to join third party

(71)  Petition to mark judgment satisfied

(72)  Petition to merge judgments

(73)  Petition nunc pro tunc--appeal from district justice judgment

(74)  Petition nunc pro tunc--join additional defendant

(75)  Petition to open confessed judgment

(76)  Petition to open judgment of non pros

(77)  Petition to open order to settle, discontinue and end

(78)  Petition to open safe deposit box

(79)  Petition to open sealed record

(80)  Petition to open and/or strike judgment

(81)  Petition to pay judgment in installments

(82)  Petition to quash appeal and vacate supersedeas

(83)  Petition to quash writ to join additional defendant

(84)  Petition for reassessment of damages

(85)  Petition to reduce order to judgment

(86)  Petition to reinstate appeal

(87)  Petition to remand to arbitration modify judgment

(88)  Petition to remand for clarification of arbitrator's award

(89)  Petition to remove satisfaction and reinstate judgment

(90)  Petition to return writ of execution

(91)  Petition for settlement of survival action

(92)  Petition for stay of execution

(93)  Petition to stay mortgage foreclosure

(94)  Petition to strike appeal

(95)  Petition to strike lis pendens

(96)  Petition to strike mechanic's lien

(97)  Petition to strike non pros

(98)  Petition to strike and/or set aside garnishment

(99)  Petition to strike writ of certiorari

(100)  Petition to substitute party

(101)  Petition to take depositions

(102)  Petition to take depositions for preparation of pleadings

(103)  Petition to transfer to major case status

(104)  Petition to vacate arbitration award

(105)  Petition to vacate judgment

(106)  Petition to vacate, set aside and/or modify arbitrator's award

(107)  Petition to vacate and strike off order to settle, discontinue and end

(108)  Petition to withdraw appearance

(109)  Petition for writ of habeas corpus

(a)  Petitions filed pursuant to Rule 206.1 shall be processed as follows:

(1)  Cases not yet assigned to a judge

(a)  The originals of all petitions shall be filed with the Office of Judicial Support.

(b)  Service shall be contemporaneously made by the moving party in conformity with Pa.R.C.P. 440, or in the case of petitions that constitute initial process, in conformity with the Pennsylvania rules of Civil Procedure governing the manner of service of original process (see Pa.R.C.P. 400ff).

(c)  Each petition shall be accompanied by the following:

i.  A cover sheet pursuant to Rule 205.2(b) clearly indicating the filing date and advising that an answer to the petition must be filed within twenty (20) days from that date.

ii.  A certification that service in conformity with Pa.R.C.P. 440 or, in the case of original process, in conformity with the Pennsylvania Rules of Civil Procedure governing the service of original process is being contemporaneously made.

iii.  A form of proposed order fairly encompassing the relief requested.

(d)  Each answer to petitions filed pursuant to this Rule shall be accompanied by the following:

i.  A cover sheet pursuant to Rule 205.2(b) clearly indicating that they are being filed pursuant to Rule 206.1; and

ii.  A form or proposed Order fairly encompassing the relief requested.

(i)  On the 21st day after filing the Office of Judicial Support shall send the record papers to the Court Administrator for reference by the Court Administrator to the appropriate judge.

(ii)  The moving party shall promptly advise the Court Administrator in writing if a matter has been resolved or withdrawn.

(iii)  Requests for an extension of the 20-day period in which to respond to a motion must be made in writing to the Court Administrator. The request shall indicate whether or not it is opposed by all other parties. No agreement entered into by the parties to extend the 20-day period shall be honored by the court without written notice to and the consent of the Court Administrator.

(2)  Cases assigned to a judge

(i)  All applications that would otherwise be the subject of a petition will be processed by the assigned judge and should be directed to his or her chambers. The moving party shall contemporaneously notify all parties affected by the application.

(ii)  The form of all such applications and the time in which to respond thereto shall be determined by the judge on an ad hoc basis as circumstances and the exercise of his or her sound discretion shall warrant.

(iii)  Where the application takes the form of a formal petition, the original shall be filed with the Office of Judicial Support. The face sheet shall clearly indicate that a copy of the motion or petition has contemporaneously been submitted to the assigned judge, who shall be identified on the notice.

(iv)  The original of a formal response to a petition shall also be filed with the Office of Judicial Support, and a copy shall be contemporaneously submitted to the assigned judge.

(3)  Emergency Matters or Stays of Proceedings in Non-Family Matters

(i)  Petitions seeking relief in emergency situations or stay of proceedings shall first be taken to the Office of Judicial Support to be time-stamped and docketed and then immediately brought by the party seeking the emergency relief or the stay of proceedings to the Court Administrator for reference to the appropriate judge.

(ii)  After the request for emergency relief or stay of proceedings has been either granted or denied by the court, the motion shall be returned to the Office of Judicial Support for filing of the Order.

(iii)  Hearing dates, where required, shall be set by the judge to whom the matter has been referred, or, where that judge will not also be the hearing judge, by the Court Administrator.

(iv)  The moving party shall make a good faith effort to give all parties affected by the application as much advance notice as reasonably possible of the date and time he/she intends to present his/her application and shall attach to the application a certification of the good faith effort that has been made. This certification shall provide the specific details of the moving party's efforts to comply with the advance notice requirement of this section, including, but not limited to, the method(s) by which notice was sought to be given, the date(s) and time(s) when notice was sought to be given, the address(es) and/or phone number(s) and/or fax number(s) at which notice was sought to be given and the identity(ies) of the party(ies) to whom notice was sought to be given. When the court fixes a hearing date following the submission of an application under this Rule, a second certification shall be filed by the moving party providing similar specific information setting forth the efforts that have been made to give to all affected parties as much notice as possible of the date, time and place set by the court for the hearing.

(v)  Except in emergency situations, no stay of proceedings shall be granted without actual prior notice to all parties affected thereby.

By the Court

KENNETH A. CLOUSE,   
President Judge

[Pa.B. Doc. No. 04-1339. Filed for public inspection July 23, 2004, 9:00 a.m.]

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