[36 Pa.B. 6633]
[Saturday, November 4, 2006]
[Continued from previous Web Page] Local Rule 604 Petitions for the Appointment of Viewers. Notices of Special Damages. Claims Before Board of Viewers.
(1) Each petition for the appointment of viewers, whether filed by a condemnee or by the condemnor and whether including one or more than one property, shall be assigned a new docket number.
(2) Where a declaration of taking has been filed, a petition for the appointment of viewers shall include in the caption as a ''Sur No.'' a reference to the docket number at which the declaration of taking was filed, as follows:
No. ______ 20 ____
Sur No. ______ 20 ____
(3) A petition for the appointment of viewers shall include all information required to be set forth by Section 1-502 of the Eminent Domain Code.
(4) A condemnee who desires to claim special damages shall set forth the type of special damages sought either in the petition for appointment of viewers or in a written notice to be served upon all other parties and the Board of Viewers at least forty days before the hearing date.
(a) If any petitioner is seeking the determination of any damages or benefits payable under Article VIA of the Eminent Code, the petition for appointment of viewers must clearly set forth which of those damages or benefits are to be litigated before the Viewers. If the petitioner fails to comply with the terms of this paragraph, any damages or benefits payable under Article VIA of the Eminent Domain Code shall not be litigated before the Viewers.
(b) Documents in support of or in opposition to damages or benefits payable under Article VIA of the Eminent Domain Code which properly have been designated under subsection (1) of this local rule as issues to be litigated before the Viewers shall be admitted into evidence at the Viewers' Hearing without the necessity of calling a witness to authenticate the document or to testify about the document's contents, provided that at least twenty (20) days' notice of the intention to offer such documents was given to every other party accompanied by a copy of each document to be offered.
(5) Before presentation of a petition for the appointment of viewers to the Administrative Judge, or such other Judge as the Administrative Judge may designate, the petitioner shall file a copy of the petition with the Chief Clerk of the Board of Viewers. The Chief Clerk shall thereupon designate the particular members of the Board of Viewers to serve in the case by completing Appointment of Viewers (FORM 604) (see subsection (8) below).
(6) A copy of any petition filed by a condemnee shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to the adverse party or parties as required by Section 1-502(f) of the Eminent Domain Code and to all other condemnees known to the condemnee filing the petition to have an interest in the property.
(7) A copy of any petition filed by a condemnor shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to all condemnees known to the condemnor to have an interest in the property.
(8)
FORM 604 Appointment of Views
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN THE MATTER OF: CIVIL DIVISION
CONDEMNATION OF No. GD ______
_________________
Plaintiff,
vs._________________
Defendant.
ORDER OF COURT AND NOW, this ____ day of ____ , 20 __ , the within Petition having been presented in open court in consideration thereof, it is ORDERED THAT
_________________
_________________
_________________
are appointed as Viewers as provided by law to view the property and to ascertain such damages as they may find to have been caused to Plaintiff's property by reason of the condemnation and taking by Defendant as set forth in the within Petition.
______ , J.
BOARD OF VIEWERS
_________________
Administrative ChairDate of View ______
Date and Time of Exceptions Hearing ______
Local Rule 605 Viewers' Plans.
(1) The condemnor, in cases where a declaration of taking has been filed, or the municipality (including a municipal authority), in cases of municipal improvement assessment proceedings, shall furnish Viewers' Plans to the Viewers and to the condemnees or to the abutting property owners within thirty (30) days after being served with the petition for the appointment of viewers or within thirty (30) days of filing the petition if the condemnor or municipality is the petitioner or within thirty (30) days following receipt of a written request from a condemnee or an abutting owner.
(2) If no declaration of taking has been filed, the condemnor shall furnish Viewers' Plans to the Viewers and to the condemnees within sixty (60) days of an adjudication that there has been a taking or that the condemnor is liable for consequential damages in cases where the condemnor contests its liability or within sixty (60) days of service upon it of a petition for the appointment of viewers where it does not file preliminary objections to the petition.
(3) If the condemnor or the municipality fails to furnish Viewers' Plans within the time specified, the Administrative Judge or such other Judge as the Administrative Judge may designate, upon petition of the condemnee or abutting owner, may permit the condemnee or abutting owner to have Viewers' Plans made and order that the cost thereof be charged to the condemnor or municipality. In such a case, the Viewers shall determine and award reasonable amounts for professional engineering services and related costs.
(4) Viewers' Plans shall indicate the entire property involved, the improvements thereon, the extent and nature of the condemnation and such other physical data, including grades, as any may be necessary for the proper determination of just compensation.
(5) Plans of municipal improvements shall indicate the location and names of owners of affected properties. Each property shall be identified by a Viewers' number beginning with ''V-1'' and running consecutively. Street improvement plans shall also show the cuts and fills resulting from change of grade in the center line as well as at the property lines on each side of stations fifty feet apart. Sewer improvement plans shall show frontal and depth dimensions of affected property, and where the whole of any property cannot be served by the sewer, the drainage line shall be shown on the plan.
(6) If, in the opinion of the Viewers, the plans are insufficient, the Viewers may require revisions or the submission of supplemental plans. If the condemnor or the municipality fails to furnish adequate Viewers' Plans within the time specified by the Viewers, the provisions of subdivision (3) of this Rule may be invoked.
Local Rule 606 Notices of View. Directions to Viewers and Access to Property.
(1) The Viewers shall schedule a view and shall give notice of the view as required by Section 1-504, 1-505 and 1-506 of the Eminent Domain Code.
(2) At least three (3) days before the scheduled View of the property involved, the petitioner shall provide the Viewers and all parties with written directions to the property.
(3) At the time of the View, the persons in possession of the property shall provide access to the interior of all buildings on the property.
Local Rule 607 Notices of Additional Condemnees and Mortgagees.
Within twenty (20) days after service of a petition for the appointment of viewers, each condemnee shall furnish to the Viewers and to the condemnor a notice containing the information required by Sections 1-502(a)(4) and 1-506(a) of the Eminent Domain Code regarding the names, addresses and type of interest of all mortgagees and all other known condemnees who have an interest in the property and have not been identified in the petition.
Note: ''All other known condemnees'' may include, but is not limited to, tenants or other occupants of the property as of the date of condemnation. Family members of the owner generally need not be listed. ''Type of interest'' may include, but is not limited to, such things as whether an occupancy was under an oral or written lease, whether the lease contains clause(s) intended to terminate the leasehold in the event of condemnation, and whether there is an easement or right of way.
Local Rule 608 Discovery Prior to Hearing Before Board of Viewers.
(1) All discovery disputes shall be presented upon proper notice to the Administrative Judge, or to such other Judge as the Administrative Judge may designate to preside over the case.
(2) Discovery shall close ten (10) days prior to the Hearing unless otherwise mutually agreed by the parties or ordered by the Court.
Local Rule 609 Hearings and Continuances. Notice.
(1) The Viewers shall schedule a Hearing and shall give notice of the Hearing date as required by Sections 1-504, 1-505 and 1-506 of the Eminent Domain Code.
(2) If a party who has been given reasonable notice of a scheduled hearing does not appear at the hearing, the Viewers may proceed to hear the case ex parte.
(3) Scheduled hearings shall not be continued except by order of the Viewers.
Local Rule 610 Findings of Fact and Conclusions of Law.
(1) A party may request the Viewers to specifically include in their report specific findings of fact. A party must orally make this request known to the Viewers and to opposing parties no later than the conclusion of the Hearing and shall file and serve written proposed findings of fact within ten days of the conclusion of the Hearing.
(2) The Viewers shall include in their report a written adoption or rejection of any requests for specific findings of fact made in accordance with subsection (1) of this Rule.
Local Rule 611 Settlements.
If a case is settled by the parties, notice of the settlement shall be given to the Viewers.
Local Rule 612 Exceptions Before Viewers in Municipal Improvement Assessment Proceedings.
In municipal improvement assessment proceedings, exceptions to the schedule of proposed awards and assessments shall be filed in writing with the Chief Clerk of the Board of Viewers within ten (10) days following the exhibition of the schedule. Exceptions shall be heard on the date set forth in the schedule and shall be decided by the Viewers.
Local Rule 613 Appeals to Court of Common Pleas.
(1) A party may appeal the Viewers' report to the Court of Common Pleas.
(2) An appeal shall set forth the information required by Section 1-516 of the Eminent Domain Code.
(3) No answer need be filed to an appeal.
(4) Appeals shall automatically be placed at issue upon filing.
(5) Appeals, except in municipal improvement assessment proceedings, shall be filed at the same docket number as the hearing before the Viewers and shall include in the caption as a ''Sur No.'' a reference to the docket number at which the declaration of taking, if any, was filed in the manner set forth in Local Rule 604(2).
(6) Appeals in municipal improvement assessment proceedings shall be assigned new docket numbers. Reference to the docket number of the Viewers' Hearing shall be set forth in a separately numbered paragraph of such appeals.
(7) The caption of an appeal shall identify the condemnee or the property owner as plaintiff and the condemnor or municipality as defendant.
(8) The appealing party shall serve a copy of the appeal on all other parties and upon the Board of Viewers within five (5) days after filing. The appellant shall file proof of service of a copy of the appeal upon all parties.
(9) An appeal raising objections other than or in addition to the amount of damages shall state in the caption under the designation of the docket number the following phrase in capital letters: INVOLVES OBJECTIONS OTHER THAN OR IN ADDITION TO AMOUNT OF AWARD.
(10) A party filing an appeal raising an objection other than or in addition to the amount of damages, shall obtain at the time of filing from the Administrative Judge's Clerk, or the Clerk of any such Judge as the Administrative Judge may designate a date for argument of the legal questions raised by the appeal. The legal argument shall be heard by the Administrative Judge or such other Judge as the Administrative Judge may designate. The appealing party shall promptly serve notice of the date obtained upon all other parties.
Local Rule 614 Discovery On Appeal to Court of Common Pleas.
(1) Discovery after an appeal is taken to the Court of Common Pleas shall be governed by the Pa.R.C.P. 4001 et seq. relating to discovery.
(2) Discovery shall close twenty (20) days prior to the first day of the applicable trial term unless otherwise mutually agreed by the parties or ordered by the Court.
Local Rule 615 Pre-Trial Statements On Appeal Before Court of Common Pleas.
(1) Thirty (30) days prior to first day of the applicable trial term, the condemnor(s) and condemnee(s) shall serve the opposing party or parties with a pre-trial statement, which contains the following:
(a) A list of the names and addresses of all persons who may be called as witnesses, classifying them as liability or damage witnesses. Witnesses may be described by title or representative capacity.
(b) A list of all exhibits which the party intends to use at trial.
(c) The written report of any expert (on value or otherwise) who may be offered as a witness at trial.
Note: Expert reports may include, without limitation, appraisals, machinery, environmental and engineering reports.
(2) The exhibits listed pursuant to subsection (1) of this local rule, or copies thereof, shall be made available to the opposing party or parties.
(3) In the event of non-compliance with subdivisions (1) or (2), the trial judge may, in his or her discretion, grant appropriate relief, which may include:
(a) the preclusion or limitation of the testimony of
(i) any witness whose identity is not disclosed in the Pre-Trial Statement, or
(ii) any expert witness whose opinion have not been set forth in the report submitted with the Pre-Trial Statement or otherwise summarized in the Pre-Trial Statement as provided by subsection (1)(c) of this local rule, and
(b) the preclusion of exhibits not listed in the Pre-Trial Statement and made available.
Local Rule 616 Special Rules for Sewer Cases.
In all cases involving the construction, installation or renovation of sewers, the following additional procedures shall be followed. These local rules shall be read in para materia with the Eminent Domain Code and the Second Class Counties Code. To the extent this local rule conflicts with any portion of Local Rules 600--615, this local rule shall govern; to the extent this local rule does not conflict with any portion of Local Rules 600--615, then they shall also apply.
(1) Declaration of Taking.
The condemnor shall file a declaration of taking, which lists the affected property(ies) by name and address of owner and by Lot and Block number.
(2) Petition for Appointment of Viewers.
After a declaration of taking has been filed, the condemnor or any condemnee may file a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below). Attached to any Petition filed on behalf of the condemnor shall be:
(a) a copy of the Viewers' Plan on which each property shall be identified by a viewers' number beginning with ''V-1,'' running consecutively and corresponding to the owners' name and Lot and Block number;
(b) street improvement plans, which shall show the cuts and fills resulting from any change of grade in the center line as well as the property lines on each side of stations fifty feet apart;
(c) sewer improvement plans, which shall show frontal and depth dimensions of affected property, and where the whole of any property cannot be served by the sewer, the sewer improvement plan shall show the drainage line; and
(d) if benefits are to be determined, a certified copy of all hard and soft construction costs.
(3) Presentation of Petition for Appointment of Viewers to Board of Viewers.
Proposed Scheduling Order. Before presenting a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below) to the Administrative Judge, or such other judge as the Administrative Judge may designate, the petitioner shall file a copy of the petition with the Chief Clerk of the Board of Viewers. At the time of filing, the Chief Clerk of the Board of Viewers shall complete a proposed scheduling order which the petitioner must present to the Administrative Judge, or such other judge as the Administrative Judge may designate along with the petition for appointment of viewers. The Petition and shall state:
(a) the names of the Viewers to be appointed;
(b) the date and time of the View;
(c) the date after which the Viewers' initial report should be available in the office of the clerk of the municipality in which the property or properties are located;
(d) the last date upon which the affected parties may file written exceptions to the Viewers' initial report; and
(e) the date and time of the Exceptions Hearing.
Note: The Proposed Scheduling Order Form will be available from the Chief Clerk of the Board of Viewers.
(4) Presentation of Petition for Appointment of Viewers to Court.
After obtaining the proposed scheduling order from the Chief Clerk of the Board of Viewers, the petitioner shall present the petition for appointment of viewers, along with the proposed scheduling order, to the Administrative Judge, or such other Judge as the Administrative Judge may designate. After the Administrative Judge or such other Judge as the Administrative Judge may designate has approved the appointment of Viewers and has entered the scheduling order, the petitioner must:
(a) If the petitioner is the condemnee, the petitioner must serve a copy of the petition for appointment of viewers and the scheduling order on the condemnor by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.
(b) If the petitioner is the condemnor, the petitioner must serve a copy of the Petition for Appointment of Viewers and the scheduling order on all condemnees affected by the petition by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service. In addition, the condemnor shall advertise the scheduling order in a publication of general circulation, and shall file a copy of the scheduling order in the office of the clerk of the municipality where the property(ies) is located.
(5) Condemnor's Obligations When Petition for Appointment of Viewers is Filed by Condemnee.
Within ten (10) days after receiving a copy of the scheduling order entered after presentation of a Petition for Appointment of Viewers filed on behalf of a condemnee, the condemnor shall file with the Viewers a copy of those documents which Local Rule 616(b) requires the condemnor to attach to a Petition for Appointment of Viewers filed on behalf of a condemnor and shall serve a copy on all affected parties or their counsel of record.
(6) Certification of Notice--Petition for Appointment of Viewers and Scheduling Order.
At least ten (10) days before the date of the View, the petitioner shall certify in writing to the Viewers that the petition and scheduling order have been served, advertised, and/or posted in accordance with subsection (4) of this Rule.
(7) Viewers' Initial Report.
Within twenty (20) days after the View, the Viewers shall deliberate and determine benefits and/or damages on each V-numbered parcel set forth in the petition for appointment of viewers and shall submit an initial report containing an itemized award of benefits and/or damages. Attached to the Viewers' initial report shall be a notice, which shall contain the following:
(a) a brief and concise statement listing the Lot and Block numbers affected and informing the parties that the Viewers have issued an initial report which contains an itemized award of benefits and/or damages;
(b) a statement informing the affected parties of their right to file exceptions to the initial report;
(c) a statement informing the affected parties that they will not be heard at the scheduled exceptions hearing unless they have timely filed written exceptions; and
(d) an announcement that the full text of the initial report shall be made available by the condemnor in the office of the clerk of the municipality where the property or properties are located.
Note: All parties will have received by way of the scheduling order notice of the latest date on which the Viewers' initial report will issued. See Local Rule 616(3) and (4). Accordingly, all parties are responsible for making sure that they obtain a copy of the Viewers' initial report prior to the date on which written objections to that report must be filed.
(8) Service of Viewers' Initial Report.
The Viewers shall mail a copy of their initial report (with the notice attached) to the condemnor or its counsel of record. The condemnor shall immediately post a copy of the initial report in the office of the clerk of the municipality where the property or properties are located. Within ten (10) days of the date of the Viewers' initial report, the condemnor shall serve all affected condemnees with a copy of the Viewers' initial report and the attached notice by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.
(9) Certification of Notice--Viewers' Initial Report.
At least ten (10) days before the date of the exceptions hearing, the condemnor shall certify in writing to the Viewers that the initial report and attached notice have been served and posted in accordance with subsection (8) of this local rule.
(10) Exceptions Hearing.
An exceptions hearing shall be held on the date and time set forth in the scheduling order. Only those condemnees who have timely submitted their written objections to the Viewers' initial report shall be heard by the Viewers at the exceptions hearing. The Viewers shall consider the exceptions of the condemnees and make any adjustments the Viewers deem necessary to their initial award of damages and/or benefits.
(11) Viewers' Final Report.
Within twenty (20) days after the exceptions hearing, the Viewers shall serve a copy of their final report on all parties. Attached to the report shall be a notice advising the parties of their right to appeal the Viewers' decision to the Court of Common Pleas. Within five (5) days of the date of the Viewers' final report, the condemnor shall post the Viewers' final report with the notice attached in the office of the clerk of the municipality where the property or properties are located. Within five (5) days of the date of the Viewers' final report, the condemnor also shall make arrangements to advertise in the next available issue of a publication of general circulation a notice in the following form:
The Board of Viewers has issued its final report, which contains an itemized award of benefits and/or damages for the following Lot and Block numbers: [list]. The full text of the report may be obtained at the [municipality office and address]. Your rights as a property owner may be affected by this report.(12) Appeals to Court of Common Pleas.
Appeals to the Court of Common Pleas shall be governed by the Eminent Domain Code, the Second Class Counties Code and Local Rules 613, 614, and 615.
(13) FORM 616 Appointment of Viewers--Sewer Cases
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN THE MATTER OF: CIVIL DIVISION
CONDEMNATION OF No. GD ______
_________________
Plaintiff,
vs._________________
Defendant.
ORDER OF COURT AND NOW, this ____ day of ____ , 20 __ , the within Petition having been presented in open court in consideration thereof, it is ORDERED THAT
_________________
_________________
_________________
are appointed as Viewers as provided by law to view the property and to ascertain such damages as they may find to have been caused to Plaintiff's property by reason of the condemnation and taking by Defendant as set forth in the within Petition.
______ , J.
BOARD OF VIEWERS
_________________
Administrative ChairDate of View ______
Date Initial Report Available ______
Last Date for Filing Exceptions ______
Date and Time of Exceptions Hearing ______Local Rule 1001 Civil Actions Raising Claims for Relief Heretofore Asserted in an Action in Equity.
(1) A civil action that raises only claims for relief heretofore asserted in equity shall be assigned to an individual judge when the case has been placed at issue pursuant to Local Rule 214.
Note: A request for assignment to an individual judge may be made to Calendar Control using FORM 1001 (see subsection (3) below).
(2) A civil action that raises claims for relief heretofore asserted in an action in equity and claims for relief heretofore asserted in the action of assumpsit and/or the action in trespass will not be assigned to an individual judge prior to trial without a court order entered pursuant to a motion or by the court sua sponte.
Note: A motion for the assignment of a case to an individual judge shall be presented to the Special Motions Judge if the case is not on a published trial list and to the Calendar Control Judge if the case is on a published trial list.
(3)
FORM 1001 Request for Assignment of Equity Claims to an Individual Judge
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION (CAPTION) (CASE NUMBER)
TO: Calendar Control Clerk
734 City-County Building
414 Grant Street
Pittsburgh, PA 15219
REQUEST FOR ASSIGNMENT OF EQUITY CLAIMS
TO AN INDIVIDUAL JUDGEThis is a nonjury case that raises only claims for relief heretofore asserted in equity. A copy of this request has already been furnished to all other parties.
DATED:______ _________________
Local Rule 1007 Conformity to Civil Action at Law. Description of Real Estate.
When an action is commenced by a praecipe for a writ of summons under Pa.R.C.P. 1007(l), the praecipe shall not constitute lis pendens as to any real estate not identified or described in the praecipe.
Note: In accordance with Local Rule 205.2(b)(2)(c)(vii), a description of the real estate involved must also be included on the cover sheet.
Local Rule 1018.1 Notice to Defend Form.
(1) The agency to be named in the notice to defend accompanying complaints filed in the Court of Common Pleas of Allegheny County, Pennsylvania shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555(2) The agency to be named in the notices required by Pa.R.C.P. 237.1, 237.4, 237.5, 430, 1910.25, 1910.27, 1915.12, 1915.15, 1915.16, 1920.71, 1920.73, 3146 and 3252 shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 1038 Trial Without Jury.
(1) One or more judges, as required, will be assigned to hear non-jury cases during the period scheduled for jury trials.
(2) Parties who elect to have their case tried without a jury after a demand for jury trial has been filed shall enter into and file the following written stipulation:
''The undersigned parties in the above captioned case at law hereby agree that it shall be tried by a Judge without a jury in accordance with Pa.R.C.P. 1038.''Local Rule 1042.26(b) Medical Professional Liability Actions. Expert Reports.
In this jurisdiction, unless there is a case-specific Order to the contrary or a published trial list with contrary deadlines, the provisions of Pa.R.C.P. 1042.26 through 1042.38 apply to medical professional liability actions.
Note: If deadlines set forth in a published trial list appear to contradict deadlines otherwise calculated in these rules, the earlier deadline will prevail.
Note: See Local Rule 4003.5 as to expert reports in professional and product liability actions.
Local Rule 1301 Scope.
(1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators:
(a) Civil actions, proceedings and appeals or issues therein where the demand is for $25,000 or less (exclusive of interest and costs);
(b) Replevin without bond and replevin with bond once bond has been set by the Court;
(c) Appeals from final judgments of Magisterial District Judges; and
(d) Matters transferred to Compulsory Arbitration by the Court even though the original demand may have exceeded $25,000.
(2) The following civil actions are not subject to Compulsory Arbitration as set forth, above:
(a) Actions seeking only an accounting;
Note: In an action seeking both money damages and an accounting, a Board of Arbitrators may award money damages but may not order an accounting.
(b) Actions seeking only equitable relief; and
Note: In an action seeking both money damages and equitable relief, a Board of Arbitrators may award money damages but may not order equitable relief.
(c) Actions in which the Commonwealth is a party defendant or an employee of the Commonwealth is a party defendant under the provisions of 42 Pa.C.S., Chapter 85B (relating to actions against Commonwealth parties).
(3) A Board of Arbitrators may not enter an award in favor of any party in excess of $25,000 (exclusive of interest and costs).
Note: While a Board of Arbitrators may hear a lawsuit in which any party claims an amount in excess of $25,000, the award of the Board of Arbitrators to any party may not exceed $25,000 (exclusive of interest and costs). However, with the agreement of all parties, a Board of Arbitrators may award up to the amount agreed upon in excess of $25,000 if all parties also agree that the arbitration award is final and cannot be appealed to Court.
(4) If a party files a counterclaim or a cross-claim seeking an award in excess of $25,000 (exclusive of interest and costs), any party may file a petition to transfer the entire case to the General Docket. At the discretion of a judge, such a counterclaim or cross-claim may be severed and transferred to the General Docket.
Local Rule 1301.1 Discovery in Compulsory Arbitration Proceedings (Except Small Claims).
(1) For any personal injury claim filed in Compulsory Arbitration , the plaintiff may serve arbitration discovery requests (see FORM 1301.1A) (see subsection (8)(a) below) either together with the copy of the Complaint served on the defendant or thereafter.
(2) The defendant shall furnish the information sought in the discovery requests within thirty (30) days of receipt of the discovery requests.
(3) For any personal injury claim filed in Compulsory Arbitration, any defendant may serve arbitration discovery requests (see FORM 1301.1B) (see subsection (8)(b) below) either together with a copy of the Answer served on the plaintiff or thereafter.
(4) The plaintiff shall furnish the information sought in the discovery requests within thirty (30) days of receipt of the discovery requests.
(5) (a) A party may not seek additional discovery through interrogatories or requests for production of documents until that party has sought discovery through the arbitration discovery requests described herein.
(b) A party may not include any additional interrogatories or requests for production of documents in the arbitration discovery requests provided for in this local rule.
(6) This local rule applies to additional defendants.
(7) The local rule does not apply to claims that do not exceed the sum of $3,000.00 (exclusive of interest and costs) wherein the parties' right to discovery for Small Claims shall be governed by Local Rule 1320.
Note: While this local rule does not bar additional discovery in arbitration proceedings, it is anticipated that depositions, additional interrogatories or additional requests for the production of documents will be unreasonably burdensome in most arbitration proceedings involving personal injury claims.
Note: This local rule does not affect the right to discovery provided by Pa.R.C.P. 4001--4020 for Compulsory Arbitration cases which are appealed pursuant to Pa.R.C.P. 1308--1311.
(8) (a)
FORM 1301.1A Plaintiff's Arbitration Discovery Requests for Personal Injury Claims
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION
______ ) AR ______ Plaintiff ) ) vs. ) ) ______, ) Defendant )
PLAINTIFF'S ARBITRATION DISCOVERY
REQUESTS FOR PERSONAL INJURY CLAIMSThese discovery requests are directed to ______
_________________ .
Within thirty (30) days of service of these discovery requests, you shall provide the information sought in these discovery requests to every other party to this lawsuit.
IDENTITY OF DEFENDANT(s) 1. Set forth you full name and address. ______
___________________________
___________________________
INSURANCE 2. (a) Is there any insurance agreement that may provide coverage to you for this incident?
Yes ____ No ____
(b) If so, list the name of each company and the amount of protection that may be available.
___________________________
___________________________
___________________________
WITNESSES 3. List the names, present addresses, and telephone numbers (if known) of any persons who witnessed the incident (including related events before and after the incident) and any relationship between the witness and you.
___________________________
___________________________
___________________________
STATEMENTS AND OTHER WRITINGS 4. (a) Do you have any written or oral statements from any witness, including any plaintiff?
Yes ____ No ____
(b) If you answered yes, attached any written statements signed, adopted or approved by any witness, attach a written summary of any other statements (including oral statements), and identify any witness from whom you obtained a stenographic, mechanical, electrical or other recording that has not been transcribed. (This request does not cover a statement by a party to that party's attorney.)
I have ____ have not ____ fully complied with request 4(b).
(c) Do you have any photographs, maps, drawings, diagrams, etc. that you may seek to introduce at trial or that may otherwise pertain to this lawsuit?
Yes ____ No ____
(d) If you answered yes, attach each of these writings.
I have ____ have not ____ fully complied with request 4(c).
MEDICAL DOCUMENTS 5. (a) Do you have any medical documents relating to the plaintiff?
Yes ____ No ____
(b) If you answered yes, attach each of these documents.
I have ____ have not ____ fully complied with request 4(b).
CRIMINAL CHARGES 6. (a) Were any felony or misdemeanor criminal charges filed against you or any of your agents as a result of the incident that is the subject of this lawsuit?
Yes ____ No ____
(b) If you answered yes, list each felony or misdemeanor charge that is pending and each felony or misdemeanor conviction.
___________________________
___________________________
___________________________
Defendant verifies that the statements made herein are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
Date: ______ _________________
Defendant(b)
FORM 1301.1B Defendant's Arbitration Discovery Requests for Personal Injury Claims
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION
______ ) AR ______ Plaintiff ) ) vs. ) ) ______, ) Defendant )
DEFENDANT'S ARBITRATION DISCOVERY REQUESTS FOR PERSONAL INJURY CLAIMS These discovery requests are directed to ______
_________________ .
Within thirty (30) days of service of these discovery requests, you shall provide the information sought in these discovery requests to every other party to this lawsuit.
IDENTITY OF PLAINTIFF(s) 1. Set forth you full name and address, age, employer and type of employment.
___________________________
___________________________
___________________________
WITNESSES 2. List the names, present addresses, and telephone numbers (if known) of any persons who witnessed the incident (including related events before and after the incident) and any relationship between the witness and you.
___________________________
___________________________
STATEMENTS AND OTHER WRITINGS 3. (a) Do you have any written or oral statements from any witnesses, including any defendant?
Yes ____ No ____
(b) If you answered yes, attach any written statements signed, adopted or approved by any witness, attach a written summary of any other statements (including oral statements), and identify any witness from whom you obtained a stenographic, mechanical, electrical or other recording that has not been transcribed. (This request does not cover a statement by a party to that party's attorney.)
I have ____ have not ____ fully complied with request 3(b).
(c) Do you have any photographs, maps, drawings, diagrams, etc. that you may seek to introduce at trial?
Yes ____ No ____
(d) If you answered yes, attach each of these documents.
I have ____ have not ____ fully complied with request 3(c).
MEDICAL INFORMATION CONCERNING PERSONAL INJURY CLAIM 4. (a) Have you received inpatient or outpatient treatment from any hospital for any injuries or other medical conditions for which you seek damages in this lawsuit?
Yes ____ No ____
(b) If you answered yes, list the name of the hospitals, the names and addresses of the attending physicians, and the dates of the hospitalizations.
___________________________
___________________________
(c) Have you received any chiropractic treatment for any injuries or other medical conditions for which you seek damages in this lawsuit?
Yes ____ No ____
(d) If you answered yes, list the names and addresses of each chiropractor and the dates of treatment.
___________________________
___________________________
(e) Have you received any other medical treatment for any injuries or other medical conditions for which you seek damages in this lawsuit?
Yes ____ No ____
(f) If you answered yes, list the name and address of each physician or other treatment provider and the dates of the treatment.
___________________________
___________________________
(g) Attach complete hospital and office records covering the injuries or other medical conditions for which you seek damages for each hospital, chiropractor, and other medical provider identified in 4(b), 4(d), and 4(f) or authorizations for these records.
I have ____ have not ____ fully complied with request 4(g).
OTHER MEDICAL INFORMATION 5. (a) List the name and address of your family physician for the period from five years prior to the incident to the present date. _________________
___________________________
___________________________
___________________________
(b) Have you received inpatient or outpatient treatment for injuries or physical problems that are not part of your claim in this lawsuit from any hospital within the period from five years prior to the incident to the present date?
Yes ____ No ____
(c) If you answered yes, attach a separate sheet which lists the name of the hospital, the date of each treatment, the reason for the treatment, and the length of the hospitalization.
(d) Have you received chiropractic treatment for injuries or physical problems that are not part of you claim in this lawsuit within the period from five years prior to the incident to the present date?
Yes ____ No ____
(e) If you answered yes, attach a separate sheet which lists the dates of the treatment, the reasons for the treatment, and the chiropractor's name and address.
(f) Within the period of from five years prior to the incident to the present date, have you received any other medical treatment for injuries that are not part of your claim in this lawsuit?
Yes ____ No ____
(g) If you answered yes, attach a separate sheet which lists the dates of the treatment, the reasons for the treatment, and the name and address of the treatment provider.
I have ____ have not ____ fully complied with request 5(b), 5(c), and 5(f).
WORK LOSS 6. (a) Have you sustained any injuries which resulted in work loss within the period from five (5) years prior to the incident to the present date?
Yes ____ No ____
(b) If you answered yes, for each injury list the date of the injury, the nature of the injury, and the dates of the lost work.
7. If a claim is being made for lost income, state the name and address of your employer at the time of the incident, the name and address of your immediate supervisor at the time of the incident, your rate of pay, the dates of work loss due to the injuries from this accident and the total amount of your work loss claim.
REQUESTS 8 AND 9 APPLY ONLY TO PERSONAL INJURY CLAIMS ARISING OUT OF A MOTOR VEHICLE ACCIDENT.
8. (a) If you are raising a claim for medical benefits or lost income, have you received or are you eligible to receive benefits from Workmen's Compensation or any program, group contract, or other arrangement for payment of benefits as defined by 75 P. S. § 1719(b)?
(b) If you answered yes, set forth the type and amount of these benefits.
INSURANCE INFORMATION 9. (a) Are you subject to the ''Limited Tort Option'' or ''Full Tort Option'' as defined in 75 P. S. § 1705(a) and (b)?
____ Limited Tort Option (no claim made for non-monetary damages)
Limited Tort Option (claim is made for non-monetary damages because the injuries fall within the definition of serious injury or because one of the exceptions set forth in 75 P. S. § 1705(d)(I)--(3) applies)____ Full Tort Option
(b) (Applicable only if you checked ''Full Tort Option.'') Describe each vehicle (make, model, and year) in your household.
(c) (Applicable only if you checked ''Full Tort Option''.) Attach a copy of the Declaration Sheet for the automobile insurance policy covering each automobile in your household.
I have ____ have not ____ fully complied with request 9(c).
Plaintiff verifies that the statements made herein are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of Pa. C. S. § 4904 relating to unsworn falsifications to authorities.
Date:______ _________________
PlaintiffLocal Rule 1302 List of Arbitrators. Appointments to Board. Oath.
(1) Subject to approval by the Special Motions Judge or the Calendar Control Judge of the Civil Division of the Court, lawyers who are actively engaged in the practice of law in Allegheny County shall be appointed to serve as arbitrators.
(2) Only lawyers who are ''active'' on the rolls of The Disciplinary Board of the Supreme Court of Pennsylvania are to be treated as lawyers ''actively engaged in the practice of law'' for purposes of subsection (1).
(3) An Arbitration Clerk shall appoint to each Board of Arbitrators three (3) lawyers summoned from the list of approved lawyers, according to the directions of the Special Motions Judge of the Civil Division.
Local Rule 1303 Arbitration Hearing. Notice.
(1) The Prothonotary shall affix the date, time and place of hearing before a Board of Arbitrators by placing said information on the Complaint which is filed and on the copies of the Complaint which are to be served upon all other parties.
(2) Every Complaint (except for Small Claims - see Local Rule 1320(2)) filed in Compulsory Arbitration , whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain a Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing (FORM 1303) (see subsection (4) below). The Notice of Hearing Date and Notice of Duty to Appear shall immediately follow the Notice (to Defend) which is required by Pa.R.C.P. 1018.1(b).
(3) Immediately before the time set for hearing, an Arbitration Clerk shall assign cases to each Board of Arbitrators and shall designate the room in which the cases are to be heard. An Arbitration Clerk shall designate the order in which cases shall be heard from those listed in the published daily Arbitration List, in addition to cases listed specially by a Judge.
(4)
FORM 1303 Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION
_________________ ARBITRATION DOCKET _________________ NO.______ Plaintiff,
vs.
HEARING DATE______ _________________ Defendant.
NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the clams set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lost money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE,
The Allegheny County Bar Association
11th Floor Koppers Building, 436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
HEARING NOTICE YOU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will take place in Room 523 of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh, Pennsylvania, on ______ , ____ at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.
DUTY TO APPEAR AT ARBITRATION HEARING If one or more of the parties is not present at the hearing, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
NOTICE: You must respond to this complaint within twenty (20) days or a judgment for the amount claimed may be entered against you before the hearing.
If one or more of the parties is not present at the hearing, the matter may be heard immediately before a judge without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.Local Rule 1303(a)(2) Failure to Appear for Hearing.
(1) If a party fails to appear for a scheduled arbitration hearing, the matter may, if all present parties agree, be transferred immediately to a Judge of the Court of Common Pleas for an ex parte hearing on the merits and entry of a non-jury verdict, from which there shall be no right to a trial de novo on appeal.
Note: This local rule results in the loss of the right to a trial de novo on appeal, as described in the local rule. A dismissal or judgment which results from this local rule will be treated as any other final judgment in a civil action, subject to Pa.R.C.P. 227.1.
(2) A non-jury verdict entered at a hearing held pursuant to Local Rule 1303(a)(2)(1) shall not exceed $25,000 (exclusive of interest and costs) to any party.
Local Rule 1306 Award. Delay Damages.
Any party seeking damages under Pa.R.C.P. 238 (relating to award of damages for delay in an action for bodily injury, death or property damage) shall submit a photocopy of any written offer of settlement made by a party against whom damages are demanded or set forth in writing the fact that no written offer has been made and shall seal the photocopy of the written offer or the written statement that no offer has been made in an envelope bearing the caption and number of the case being arbitrated and shall deliver the same to the arbitrators and opposing counsel at the conclusion of the hearing. The arbitrators shall not open said envelope until they have reached their basic award. The envelope and the writing contained therein shall be filed with the papers in the case.
Local Rule 1308 Appeal. Arbitrators' Compensation. Notice.
(1) In addition to satisfying the requirements of Pa.R.C.P. 1308(a), a party appealing an award shall also pay to the Prothonotary any fee required for filing the appeal.
(2) A member of a Board of Arbitration who has signed an award or filed a minority report in each of the cases heard before that Board shall receive compensation of $150 per diem after the filing of that member's reports/awards. In cases requiring hearings of unusual duration or involving questions of unusual complexity, the Special Motions Judge of the Civil Division, on petition of the members of the Board and for cause shown, may allow additional compensation.
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