[44 Pa.B. 7515]
[Saturday, December 6, 2014]
[Continued from previous Web Page] Rule 430.4. Service by Publication for the Enforcement of Judgments for Payment of Money.
When service by publication may be had under Pa.R.Civ.P. 3112(c), the plaintiff may cause service to be made by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form:
Commonwealth of Pennsylvania
County of Lackawanna
(CASE CAPTION) NOTICE IS HEREBY GIVEN TO ______ that on ______ a writ of execution issued
(date)
against real property of ______ held in your name and described as follows:
(In addition to the description, see Lacka.R.C.P. 3129.1) Said writ issued on judgment No. ______ , 20____ .
You are directed to notify _________________ that the plaintiff issued an attachment execution against you which ______ is/are required to defend.
Rule 430.5. Service by Publication of Actions Pursuant to 41 P. S. Section 407.
Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act. No. 6 of 1974, 41 P. S. Section 407, when authorized pursuant to Pa.R.Civ.P. 430, shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:
Commonwealth of Pennsylvania
County of Lackawanna
(CASE CAPTION) To _________________
(Name of defendant)You are notified that _________________ has commenced an action to execute on residential real
(Name of plaintiff)
property pursuant to a judgment entered by confession in the Court of Common Pleas of Lackawanna County, which judgment is entered by docket number ______ 20____ .You are required to defend this action, which seeks to obtain possession of real estate which you own or in which you reside, which real estate is located at
___________________________
(Street Address)___________________________
(City and State)
as is described as follows:
(In addition to the description, see Lacka.Co.R.C.P. 3129.1)
NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file our defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
(Offices to be listed are set forth in Lacka.Co.R.C.P. 1018.1)
___________________________
(Attorney for plaintiff)
___________________________
(Address of Attorney for plaintiff)Rule 440. Service of Legal Papers Other Than Original Process.
(a) Service.
Unless otherwise provided by statute or by rule of the Supreme Court of Pennsylvania or of this court, a copy of all pleadings, petitions, motions, rules, answers to rules to show cause, notices, or other papers required to be serviced on another party shall be served in the manner provided by Pa.R.Civ.P. 440 or 441 or as otherwise directed by order of this court within five (5) days from the filing thereof. If timely service is not effective in accordance with this rule, the legal paper shall be considered void and of no effect. Upon affidavit filed setting forth such failure of timely service, the party upon whom the paper should have been served may proceed as though said legal paper had never been filed.
(b) Certificate of Service.
The party serving the paper(s) shall file in the office of the Clerk of Judicial Records a certificate or affidavit of showing the date, manner of service, and person upon whom service was made. Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.
(c) Service by Publication.
Unless otherwise specifically provided by statute, court rule, or order of court, whenever service by publication may be made pursuant to Pa.R.Civ.P. 430, said service shall be accomplished by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County. Such publication is to be made in such a manner that the person so served thereby shall have at least five (5) days after publication to answer the legal paper which is served in that fashion.
ACTIONS AT LAW Rule 1018.1. Notice to Defend.
The agencies to be designated on the notice to defendant which is required by Pa.R.Civ.P. 1018.1 to appear in every complaint filed in the Court of Common Pleas of Lackawanna County by a plaintiff or by a defendant against an additional defendant shall be as follows:
Northeastern Pennsylvania Legal Services
33 N. Main Street, Suite 200
Pittston, PA 18640
Telephone (570) 299-4100Rule 1019. Contents of Pleadings, General and Specific Averments.
Whenever any right, claim, or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, Pennsylvania Rule of Civil Procedure, or rule herein, the first pleading in which such right, claim, or defense is asserted shall cite for the information of the court the statute, ordinance, regulations, or rule so relied upon.
Rule 1021. Claims for Relief—Accounting.
(a) Time for filing Account.
When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.
(b) Exceptions.
Within thirty (30) days after such notification, any adverse party who has received the accounting, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon the questions of fact and law raised by the exceptions.
(c) Failure to File Account.
If the defendant shall for any reason fail to file a statement of account within (30) days or such longer period as the court may fix, the court shall, on motion of an adverse party to whom the defendant has been ordered to account, appoint an auditor to state the account between the parties upon the basis of such evidence as may be submitted to the auditor.
(d) Auditor's Report Exceptions.
The auditor shall give two weeks notice in writing to the parties on their attorneys of record of the time and place fixed for the hearing on the matter. When the auditor has prepared his report, notice that it is ready for filing shall be given to the parties or their attorneys. Exceptions thereto must be filed with the auditor within ten (10) days after such notice has been received. If exceptions are filed, the auditor shall, with his report as originally prepared, report supplementally on the exceptions. When the auditor's report has been filed, the court, after hearing argument on the exceptions thereto, will enter such order for judgment as the case may require.
Rule 1021.1. Claim for Relief.
In actions for injury to persons or property where some or all of the damages are not liquidated, the claims for relief in the complaint, in specifying the amounts of damages to which the party deems himself entitled, shall state only that said damages are in excess of, or not in excess of the amount below which cases are required to be presented to arbitration.
Rule 1028(c). Preliminary Objections.
A party filing preliminary objections shall file the original preliminary objections with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka.Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka.Co.R.C.P. 211(b) prior to filing the praecipe for assignment. The filing of briefs, assignment of preliminary objections, and scheduling of oral argument, if necessary, shall be governed by Lacka.Co.R.C.P. 211(c)—(g).
Rule 1033. Amendments to Pleadings.
When an amendment to a pleading is allowed or is made prior to trial, the whole pleadings, as amended, shall be executed, verified, and filed, provided that, exhibits attached to prior pleadings need not be recopied into the amended pleadings.
Amendments to pleadings allowed at the trial need not be executed, verified, and filed if the amendment is made a part of the trial record.
Rule 1034. Motion for Judgment on the Pleadings.
(a) A party filing a motion for judgment on the pleadings shall file the original motion for judgment on the pleadings with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka.Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka.Co.R.C.P. 211(b) prior to filing the praecipe for assignment. The filing of briefs, assignment of motion for judgment on the pleadings, and scheduling of oral argument, if necessary, shall be governed by Lacka.Co.R.C.P. 211(c)—(g).
(b) As a condition precedent to the filing of a motion for judgment on the pleadings in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a ''Notice of Residential Mortgage Foreclosure Diversion Program'' in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka.Co.R.C.P. 1143. Following the service of the ''Notice of Residential Mortgage Foreclosure Diversion Program'' in the format prescribed in Form 11 of the Appendix, all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference under Lacka.Co.R.C.P. 1143.1. Upon the expiration of that stay period, the plaintiff/lender in such a residential mortgage foreclosure action may proceed to file a motion for judgment on the pleadings in compliance with Lacka.Co.R.C.P. 1034(a).
(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the ''Notice of Residential Mortgage Foreclosure Diversion Program'' to be eligible to participate in a court-supervised conciliation conference under this Rule, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator.
(d) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form 10) as required by Lacka.Co.R.C.P. 1143.1(c). Conciliation conferences shall be scheduled and conducted in conformity with Lacka.Co.R.C.P. 1143.1(c)—(f).
Rule 1035.2. Motion for Summary Judgment.
(a) A party filing a motion for summary judgment shall file the original motion for summary judgment with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka.Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka.Co.R.C.P. 211(b) prior to filing the praecipe for assignment. The filing of briefs, assignment of motion for summary judgment, and scheduling of oral argument, if necessary, shall be governed by Lacka.Co.R.C.P. 211 (c)—(g).
(b) As a condition precedent to the filing of a motion for summary judgment in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a ''Notice of Residential Mortgage Foreclosure Diversion Program'' in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka.Co.R.C.P. 1143. Following the service of the ''Notice of Residential Mortgage Foreclosure Diversion Program'' in the format prescribed in Form 11 of the Appendix, all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference under Lacka.Co.R.C.P. 1143.1. Upon the expiration of that stay period, the plaintiff/lender in such a residential mortgage foreclosure action may proceed to file a motion for summary judgment in compliance with Lacka.Co.R.C.P. 1035.2(a).
(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the ''Notice of Residential Mortgage Foreclosure Diversion Program'' to be eligible to participate in a court-supervised conciliation conference under this Rule, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator.
(d) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form 10) as required by Lacka.Co.R.C.P. 1143.1(c). Conciliation conferences shall be scheduled and conducted in conformity with Lacka.Co.R.C.P. 1143.1(c)—(f).
Rule 1037. Judgment Upon Default for Repair of Property.
(a) In all actions in which the only damages to be assessed are the cost of repairs heretofore made to property, the plaintiff may seek judgment upon default assessing damages for the cost of repairs by filing, with a praecipe waiving any other damages under such judgment, the affidavits required by subsection (b) of this rule and, by sending to the defendant by registered mail directed to his or her last known address, a copy of the repair bill and the affidavit of the person who performed the repairs required by subsection (b) of this rule, together with a notice setting forth the date of the intended assessment of damages, which date shall be not less than ten (10) days from the date of mailing of the notice. Said notice shall contain a statement that damages will be assessed in the amount of the repair bill unless, prior to the date of intended assessment, the defendant files a written praecipe with the Clerk of Judicial Records requesting trial on the issue of such damages.
(b) Together with the praecipe waiving any damages other than the cost of repairs, the plaintiff shall file an affidavit indicating the date of the mailing to defendant of the notice of the intended assessment of damages and an affidavit of the person who performed the repairs containing an itemized repair bill setting forth the charges for labor and material used in the repair of the property and a statement indicating the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged.
(c) If the defendant fails to file with the Clerk of Judicial Records prior to the date of intended assessment of damages a praecipe requesting a trial on the issue of such damages, the plaintiff on or after the date of intended assessment of damages may file a praecipe directing the Clerk of Judicial Records to enter judgment in plaintiff's favor in the amount of the repair bill which the Clerk of Judicial Records shall promptly do.
(d) In the event that the defendant does file a praecipe requesting a trial on the issue of such damages, the case shall proceed as any civil action and shall be subject to arbitration if the amount in controversy is an amount requiring arbitration.
Rule 1054. Abstracts of Title.
Abstracts of title shall contain a specification of all facts or equitable matter on which the party relies, a reference to all records, an abstract thereof, and, as to deeds, mortgages, or contracts, shall give their date, the date of acknowledgement, and if recorded, when and where recorded.
Rule 1075. Seizure of Property Before Judgment in Actions in Replevin.
(a) A return of service required by Pa.R.Civ.P. 1075.1(d) or Pa.R.Civ.P. 1075.2(c), pertaining to service of motions for writ of seizure and notice of hearings made by one other then the sheriff, shall indicate the manner in which service was made and, if service was accomplished in a manner other than those provided in Pa.R.Civ.P. 402, the affidavit shall indicate why service could not be made in a manner indicated in that rule.
(b) A petition to vacate a writ of seizure as provided in Pa.R.Civ.P. 1075.1(g) shall be accompanied by a rule to show cause and shall follow the procedure set out in Lacka.Co.R.C.P. 206.
Rule 1098. Peremptory Judgment in Actions in Mandamus.
(a) A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka.Co.R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.
(b) The court at the time such motion is presented shall determine whether the motion can be acted upon forthwith or whether it requires additional consideration. If additional consideration is required, the court shall schedule presentation of any documentary or testimonial evidence which it desires as soon as practicable and shall thereafter rule on said motion and either grant or deny peremptory judgment.
(c) The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax the defendant's responsibility to timely file a responsive pleading to the plaintiff's complaint.
Rule 1143. Commencement of Mortgage Foreclosure Action.
(a) In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint must include a Civil Cover Sheet bearing the case code designation ''RP/MF/RES'' as required by Lacka.Co.R.C.P. 205.2(b). In addition to the Civil Cover Sheet bearing the case code designation ''RP/MF/RES,'' the complaint shall include a ''Notice of Residential Mortgage Foreclosure Diversion Program'' in the format set forth in Form 8 of the Appendix. Service of the complaint in such a residential mortgage foreclosure action shall include the ''Notice of Residential Mortgage Foreclosure Diversion Program'' advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Lacka.Co.R.C.P. 1143.1.
(b) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the ''Notice of Residential Mortgage Foreclosure Diversion Program'' to be eligible to participate in a court-supervised conciliation conference under Lacka.Co.R.C.P. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator.
(c) Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form 10) as required by Lacka.Co.R.C.P. 1143.1(c). Conciliation Conferences shall be scheduled and conducted in conformity with Lacka.Co.R.C.P. 1143.1(c)—(f).
(d) Following the service of the ''Notice of Residential Mortgage Foreclosure Diversion Program'' (Form 8) in a residential mortgage foreclosure action bearing the case code designation ''RP/MF/RES,'' all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference.
Rule 1143.1. Conciliation Conference in Residential Mortgage Foreclosure Actions.
(a) The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/borrower in all residential mortgage foreclosure actions in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka.Co.R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c); (ii) has completed a financial worksheet in the format set forth in Form 14 of the Appendix in advance of the Conciliation Conference; and (iii) has filed and served a Request for Conciliation Conference. If the defendant/borrower in a residential mortgage foreclosure action has already participated in a conciliation conference, the plaintiff/lender or the defendant/borrower may request an additional conciliation conference for good cause shown by presenting a motion seeking the scheduling of a conciliation conference in accordance with Lacka.Co.R.C.P. 208.3(a).
(b) To be eligible to participate in a Conciliation Conference, a self-represented defendant/borrower who has been served with a Notice of Residential Mortgage Foreclosure Diversion Program under Lacka.Co.R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c) must contact and meet with one of the housing counselors identified in the Notice, complete a financial worksheet (Form 14), and file the Request for Conciliation Conference form within the time deadlines set forth in the applicable Notice. If the defendant/borrower is represented by counsel, the defendant/borrower need not contact and meet with one of the identified housing counselors as a condition precedent to requesting a Conciliation Conference, provided that counsel for the defendant/borrower completes the prescribed financial worksheet (Form 14), and files the Request for Conciliation Conference form within the time deadlines set forth in the applicable Notice. In the event that the defendant/borrower has not been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka.Co.R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c), the defendant/borrower in a residential mortgage foreclosure action shall have the right to participate in a court-supervised conciliation conference provided that the defendant/borrower completes a financial worksheet (Form 14), files a Request for Conciliation Conference form with the Clerk of Judicial Records and delivers a time-stamped copy to the Court Administrator.
(c) Upon receipt of a duly-filed Request for Conciliation Conference form, the Court Administrator shall issue a Case Management Order (Form 10) scheduling the matter for the next available Conciliation Conference list. The Case Management Order shall specify the date, time and place of the Conciliation Conference and shall be forwarded by the Court Administrator via ordinary mail to counsel for the parties and to any self-represented parties. At least fourteen (14) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender or its counsel a copy of the ''Lackawanna County Residential Mortgage Foreclosure Diversion Program Financial Worksheet'' (Form 14) which has been completed by the defendant/borrower in compliance with Lacka.Co.R.C.P. 1143.1. The failure to do so will result in the removal of the case from the Conciliation Conference schedule and the termination of the temporary stay of proceedings under Lacka.Co.R.C.P. 1034(b), 1035.2(b), 1143(d) or 3129.1(e).
(d) Conciliation Conferences in residential mortgage foreclosure actions will be conducted in the Jury Orientation Lounge, 1st Floor, Lackawanna County Court House at 10:00 AM on the last Friday of each month. In the event that the last Friday of a month falls on a holiday, the Conciliation Conference will be conducted on the preceding Friday unless another date is fixed by the Case Management Order.
(e) Conciliation Conferences will be conducted by the presiding judge unless a Special Master or Judge Pro Tempore is appointed by the Court to conduct the Conciliation Conference. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with that authorized representative in advance of the Conciliation Conference. The Court in its discretion may require the personal attendance of the authorized representative of the plaintiff/lender at the Conciliation Conference.
(f) At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to vacate in the near future in exchange for not contesting the matter and a monetary payment; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings.
Rule 1301. Arbitration.
(a) All civil actions brought in the Court of Common Pleas of Lackawanna County in which the amount in controversy is $50,000.00 or less shall first be submitted to arbitration and heard by a panel of three arbitrators selected from members of the bar of this court in accordance with the provisions of this rule, with the exception of:
(1) cases involving title to real estate; and
(2) cases which have been consolidated for trial with cases in which the amount in controversy exceeds $50,0000.00.
Once a case has been certified for Compulsory Arbitration or otherwise directed by the court for same, the Court Administrator shall notify the Parties or their Legal Representatives of the date and time of the Arbitration. This matter will be heard by a Board of Arbitrators at the time, date, and place specified, but, 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 Trial De Novo on appeal from a decision entered by a Judge.
(b) The list of available arbitrators shall consist of all members of the bar of this court unless excused by the court. Each attorney engaged in active practice in this court shall file with the court Administrator information indicating whether he or she is practicing alone, is associated with one or more attorneys, or is a member of a firm, and further indicating the length of time he or she has actively engaged in the practice of law. Upon any change in his or her status of practicing or being associated with any other lawyer, he or she shall immediately notify the Court Administrator of such change.
(c) The Court Administrator shall appoint arbitration panels consisting of three attorneys each, taken from the list of eligible attorneys which the Court Administrator shall maintain on the basis of the information provided pursuant to subsection (b) of this rule. No more than one member of a family, firm, or association shall serve on an arbitration panel. The members of each arbitration panel shall have a cumulative experience of, at least, ten (10) years, dating from their admission to practice in Pennsylvania.
(e) Each arbitration panel shall sit in session one day during the calendar year and on that day shall hear as many arbitration cases as the Court Administrator has scheduled for that panel. More than one action or controversy may be scheduled for a single arbitration panel if, in the judgment of the Court Administrator, such panel can conveniently dispose of more than one case during its day of arbitration. In the event that a scheduled case cannot be heard, it shall be reassigned to the next available arbitration panel by the Court Administrator.
(f) The Court Administrator shall notify all arbitrators of the day on which they serve, which notification shall be made as soon as the arbitration panel is selected. For each arbitration panel, the member with the earliest admission to practice in Pennsylvania shall serve as chairperson. Arbitrators so appointed to a specific panel may be excused or transferred to another panel by the Court Administrator, but only for good cause shown, in which instance the Court Administrator shall designate a successor to that arbitrator as soon as practical.
(g) The arbitration panel shall file its findings and award, if any, as well as any written opinion as in its discretion it may choose to submit, within seven days from the conclusion of the hearing in each case. If a member of the panel dissents from the majority's findings or award, that arbitrator shall so state on the award form and may, in his or her discretion, submit an opinion indicating the reason(s) for such dissent.
(h) Except as provided in Sub-Section (a), any party may appeal from the findings or award of the arbitration panel to the Court of Common Pleas of Lackawanna County in the same manner as appeals de novo are commenced before the court.
(i) In any instance where all parties in an arbitration case agree to a settlement prior to the taking of any testimony at the arbitration hearing the parties shall sign a stipulation stating the exact form of any desired arbitration award, which stipulation shall be furnished to the Court Administrator or to the arbitration panel.
(j) If a stenographic record of an arbitration hearing is desired by any party, such party shall provide the Court Administrator with a written request for same no later than five (5) days prior to date fixed for the hearing and shall at the time of submission of such request pay a fee in the amount set by the court, which fee shall be considered the stenographer's appearance fee. The Court Administrator shall arrange for stenographic service and shall forward aforesaid appearance fee to the stenographer. All parties requesting a transcript of the record shall compensate the stenographer at the rate prescribed by the court.
(k) Each member of an arbitration panel who actually hear testimony in one or more arbitration cases on the day of the panel's service shall receive a fee in an amount set by the court. Arbitrators may petition the court for additional compensation in protracted or complex arbitration cases. The court in its discretion shall determine the amount of additional compensation, if any, that the arbitrators shall receive.
The Court Administrator's Notice of the Arbitration forwarded to the Parties or their Legal Representatives shall contain the following language:
THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, 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. (PA.R.CIV.P. 1303(A)(2); LACKA.CO.R.C.P. 1301(A)).
INJUNCTIONS Rule 1531. Injunctions.
No application for an injunction will be considered by the court unless the factual reasons are set forth specifically and in detail. The pleading of conclusions will not be sufficient. If an application for an injunction is considered, the court will issue an order for a hearing to be scheduled by the court administrator pursuant to Pa.R.Civ.P. 1531. Request for immediate hearings will be granted upon approval of the court if it finds that extraordinary and urgent circumstances exist which requires an immediate hearing.
Rule 1531.1. Contempt Proceedings on Injunctions.
Unless the President Judge directs otherwise for reasons of manifest necessity, contempt proceedings on injunction matters shall be heard and decided by the judge whose order is involved.
CLASS ACTION RULES Rule 1703. Commencement of Action; Assignment of Judge.
(a) Upon the proper filing of a class action in the office of the Clerk of Judicial Records, counsel for the plaintiff(s) shall notify the Court Administrator and the President Judge that a class action complaint has been filed and shall forward to the President Judge a copy of said complaint.
(b) Upon notification that a class action complaint has been filed and upon receipt of said complaint, the President Judge shall assign a judge of the Court of Common Pleas of Lackawanna County to preside over the case for all purposes of conformity with Pa.R.Civ.P. 1703.
Rule 1707. Discovery Pertaining to Class Action Issues.
In any case in which the judge assigned to a class action permits discovery with respect to the class action issues, the order granting such limited discovery shall also indicate the period of time during which discovery with respect to the class action issues shall be permitted. All parties are required to complete such discovery within that time period.
Rule 1710. Determination of Class Action Certification Hearing.
The judge to whom a class action is assigned may request the parties to submit proposed findings of fact and conclusions of law pertaining to the question of whether or not the case should be certified as a class action. In a case in which proposed findings of fact and conclusions of law are requested, the judge shall determine the time when they are to be submitted.
Rule 1712. Order and Notice of Certification as Class Action.
(a) After the entry of an order of certification of a class action, the judge to whom the case has been assigned shall in the usual course conduct a class action notice conference at which all parties shall be represented for the purpose of considering the matters set forth in Pa.R.Civ.P. 1712.
(b) If at the time of the class action notice conference the court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for inclusion or exclusion for the class.
(c) The proposed form of notice required by Pa.R.Civ.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.
Rule 1713. Pre-Trial of Class Actions.
In addition to the normal matters to be considered at pre-trial conferences, as set forth within these rules, a pre-trial conference conducted in a class action case shall consider the matters set forth in Pa.R.Civ.P. 1713.
MINORS AND INCOMPETENT PARTIES Rule 2032. Filing Affidavit as to Age.
(a) A party, who files and serves on another party a rule to file of record an affidavit indicating whether that party is an adult or a minor, shall at the time of filing such rule also file a certificate of service indicating the manner of serve of said rule and the date on which such service was made.
(b) The rule filed and served by the party shall advise the recipient party who is directed to file the affidavit of the date of filing of rule in the Office of the Clerk of Judicial Records.
(c) The party who is to file the affidavit shall do so within ten (10) days from the date of service of the rule.
Rule 2039. Compromise, Settlement, Discontinuance or Distribution in Action Involving a Minor.
Notwithstanding the provisions of any rule of this court to the contrary, if a petition is presented to the court pursuant to Pa.R.Civ.P. 2039 for the compromise, settlement, or discontinuance of, or distribution of a fund resulting from an action to which a minor is a party, the court, if it so chooses, may act upon said petition immediately upon its presentation.
Rule 2056. Notice of Guardian of Incompetent.
In a case in which a defendant is incompetent, the notice required by Pa.R.Civ.P. 2056(b) may be given by personal service or by registered mail. If registered mail is utilized for this purpose, the plaintiff, the plaintiff's attorney, or any competent adult acting on behalf of the plaintiff shall send a registered letter to the last known address of the guardian of the incompetent defendant requiring a receipt signed by the guardian. If the letter is returned by the post office without a receipt signed by the guardian but with the notation by the postal authorities that the guardian refused to accept the letter, the plaintiffs shall have the right of service by ordinary mail addressed to the guardian of the incompetent at the same address with the return address of the sender appearing thereon.
Rule 2059. Notice of Incompetent of Application for Guardian Ad Litem.
In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incompetent party, a copy of the petition and the rule to show cause or stay order issued thereon shall be served personally on the incompetent immediately upon the filing of the petition.
Rule 2064. Compromise, Settlement, Discontinuance and Distribution in Action involving an Incompetent.
The practice upon the presentation of a petition pursuant to Pa.R.Civ.P. 2064 shall be the same as that prescribed under Lacka.Co.R.C.P. 2039.
ACTIONS FOR WRONGFUL DEATH Rule 2205. Notice of Persons Entitled to Damages.
(a) The notice prescribed in Pa.R.Civ.P. 2005 shall name the decedent and state the court, term and number of the action. If the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such persons may petition the court to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or the personal representative of the decedent.
(b) An affidavit of service by registered mail of such notice shall be filed in the office of the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.
Rule 2206. Court Approval of Distribution of Proceeds.
Whenever any sum of money is to be paid to the plaintiff in settlement of claims or satisfaction of a verdict or judgment in an action for damages under the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa.C.S. § 8302, the plaintiff shall present a motion for approval of the proposed distribution of proceeds pursuant to the procedure set forth in Lacka.Co.R.C.P. 208.3(a). The motion shall include, inter alia, the proposed allocation of the proceeds between the wrongful death and survival claims and shall attach correspondence or some other form of documented communication from the Pennsylvania Department of Revenue confirming that it does not object to the proposed apportionment of the proceeds between the wrongful death claim and the survival claim.
JOINDER AND SUBSTITUTION OF PARTIES Rule 2227. Compulsory Joinder.
Application under Pa.R.Civ.P. 2227(b) to join an unwilling co-owner of a solely joint cause of action as a defendant or an involuntary plaintiff in an action shall be by petition and rule to show cause; the petition shall set forth the substantive grounds for such joinder.
Rule 2232. Defective Joinder, Change of Parties.
(a) In any case in which the defendant is required by Pa.R.Civ.P. 2232(a) to give notice of the pendency of an action to recover damages for any injury, not resulting in death, inflicted upon the person of a husband or wife or a minor, such notice shall be given by registered mail within twenty (20) days after service upon the defendant of the complaint.
(b) The notice shall state the court, term, and number of the action, the parties thereto, and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after the receipt of such notice or his or her cause of action will be barred and the action will proceed without him or her.
(c) Application under Pa.R.Civ.P. 2232(b) to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action shall be by petition and rule to show cause directed to all other parties. Alternatively, a defendant in an action against whom no claim for relief is asserted by seek dismissal of the action as it pertains to him by demurrer.
(d) An application under Pa.R.C.P. 2232(c) to join as a party any other person who could have joined or have been joined as such in the action shall be by petition and rule to show cause.
Rule 2253. Extension of Time Limits to Join Additional Defendants.
Application to the court for an extension of time in which to file a praecipe or complaint to join an additional defendant shall be by motion, duly verified, if facts not appearing of record are averred. The court, if it so chooses, may act upon said motion immediately upon its presentation.
Rule 2352. Praecipe of Rule for Substitution of Successor.
The praecipe filed with the Clerk of Judicial Records pursuant to Pa.R.C.P. 2352(b) to show cause why the successor should not be substituted as a party shall set forth the last known address of the successor. Said address shall then be set forth in the rule.
Rule 2353. Service by Publication of Rule Concerning Substitution of Parties.
Service by publication of the rule to show cause why the successor should not be substituted as a party shall be made by publishing said rule, together with a notation of the nature and number of the action in which the rule is issued and the relief demanded, and that, if said successor does not appear in this court within twenty (20) days after the last publication, said rule may be made absolute in his absence. Said publication shall be made as prescribed by Lacka.Co.R.C.P. 440(c).
EXECUTION AND ENFORCEMENT OF JUDGMENTS Rule 2959. Return Day for Rules Pertaining to Judgment by Confession.
The return day for a rule to show cause why relief from a judgment by confession should not be granted shall be determined in accordance with Lacka.Co.R.C.P. 206.1(a) and/or Lacka.Co.R.C.P. 206.4(c) unless the court directs a different return day at the time the petition is presented.
Rule 3128. Notice of Resale of Personal Property by Sheriff.
No resale shall be scheduled without first giving notice to all bidders who appeared at the originally scheduled sale. The resale date cannot be sooner than seventy-two (72) hours from the original sale date.
Rule 3129.1. Notice of Sale. Real Property.
(a) Whenever a sale of real property is governed by Pa.R.Civ.P. 3129.1, all handbills, written notices, and publications shall include, as part of the location of the property, a street address.
(b) Street address is defined as the street number and street name where a number exists. Where no street number exists, the street address is defined as the land and/or portion of land between the nearest two street numbers and/or intersecting streets which do exist and the street name.
(c) If the real property sought to be sold pursuant to Pa.R.Civ.P. 3129.1 is a residential property which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required ''Notice of Residential Mortgage Foreclosure Diversion Program'' pursuant to Lacka.Co.R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a ''Notice of Residential Mortgage Foreclosure Diversion Program'' upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an ''Affidavit Pursuant to Lacka.Co.R.C.P. 3129.1'' in the format set forth in Form 13 attesting either that: (1) the defendant(s)/borrower(s) has not opted to participate in the ''Residential Mortgage Foreclosure Diversion Program;'' or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.
(d) The affidavit required by Lacka.Co.R.C.P. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff's Office before any residential property may be listed for Sheriff's Sale. The affidavit required by this Rule shall be in the format set forth in Form 13 of the Appendix.
(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the ''Notice of Residential Mortgage Foreclosure Diversion Program'' to be eligible to participate in a court-supervised conciliation conference, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the ''Notice of Residential Mortgage Foreclosure Diversion Program'' and shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator. Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form No. 10) as required by Lacka.Co.R.C.P. 1143.1(c)—(f).
Rule 3130. Notice of Sale of Securities.
When notice to a defendant of the sale of securities is required by Pa.R.Civ.P. 3130, such notice may be given by the sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the sheriff's office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom such sale will be made, and the date when the securities will be offered for sale.
Rule 3190. Real Estate Tax Assessment Appeal.
(a) A real estate tax assessment appeal from a decision of the Lackawanna County Board of Assessment Appeals as to the amount of assessment for real estate tax purposes or as to exemption of real estate from payment of real estate taxes shall be captioned ''Real Estate Tax Assessment Appeal'' and shall be fixed with the Clerk of Judicial Records within the time prescribed by statute.
(b) A Real Estate Tax Assessment Appeal shall contain the following:
(1) Caption designating the named party taking the appeal as Appellant, the Lackawanna County Board of Assessment Appeal as Appellee, and if Appellant is a taxing authority it shall join the owner of the real estate involved as of course as a party in the assessment appeal by designating such named owner in the caption as Respondent.
(2) Brief description of the subject real estate, its location, name and address of the owner, and municipality and school district wherein the real estate is located.
(3) Nature of and reasons for the appeal.
(4) Reference to the decision of Lackawanna County Board of Assessment Appeals (Board) from which the appeal is taken. A Copy of the Board's notice of decision shall be attached as an exhibit.
(5) Verification consisting of a certified statement as ''verified'' is defined in Pa.R.Civ.P. 76.
(c) Appellant shall serve copies of the appeal by certified or registered mail upon the Board at its official office and, unless named as the appellant, upon the Board of County Commissioners of Lackawanna County and upon the legislative governing body of the municipality and the board of school directors of the school district wherein the real estate is located at their respective official offices, or in the absence of an official office, at the last known address of the secretary of said body and upon the respondent owner of the real estate at said owner's last known address.
(d) Appellant shall file with the Clerk of Judicial Records within ten (10) days of the filing of the Real Estate Tax Assessment Appeal, proof of service of copies thereof consisting of a verified statement (as ''verified'' is defined in Pa.R.Civ.P. 76) that service was made by certified or registered mail, with the sender's receipt for certified or registered mail attached thereto.
(e) No response is required to be made by Appellee or by the County, municipality, school district or Respondent owner of real estate served with copy of Real Estate Tax Assessment Appeal.
Rule 3191. Intervention.
(a) The County, municipality, or school district not named as Appellant may intervene as of course during pendency of the appeal by filing a Notice of Intervention with the Clerk of Judicial Records.
(b) Notice of Intervention shall contain the name of the intervening party designated as intervenor in the caption, and shall set forth that such identified party is intervening.
(c) Intervenor shall serve copies of Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner and any other intervening parties of record.
(d) Intervenor shall file with the Clerk of Judicial Records within ten (10) days of the filing of Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as ''verified'' is defined in Pa.R.Civ.P. 76) that service was made by certified or registered mail, with the sender's receipt for certified or registered mail attached thereto.
(e) No response is required to be made by any party served with copy of Notice of Intervention.
Rule 3192. Discovery.
(a) Depositions and Discovery shall be applicable to real estate tax assessment appeals, unless otherwise ordered by the court.
Rule 3193. Pretrial Status Conference.
(a) The court sua sponte or upon application of a party shall schedule a pretrial status conference. Notification of conference need be given by the court only to Appellant, Appellee, Respondent owner if any, and such other parties who have intervened of record.
(b) Each party of record shall file with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven (7) days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as ''verified'' is defined in Pa.R.Civ.P. 76.
(c) Pretrial Status Conference Memorandum shall contain a summary statement of facts, stipulations desired, witnesses expected to be called, exhibits expected to be offered, legal issues, and special problems presented, if any.
DISCOVERY Rule 4000. Motion Practice for Discovery and Scheduling Matters.
(a) Any court order regarding discovery, including orders involving sanctions and pre-trial deadlines for the completion of discovery, the exchange of expert reports, the filing of case dispositive motions, and other scheduling matters prior to the filing of a Certificate of Readiness, which a party seeks pursuant to any provisions of Pa.R.Civ.P. 4001 through 4020 or any provisions of the Rules of Civil Procedure of the Court of Common Pleas of Lackawanna County pertaining to discovery or scheduling orders shall be sought by the presentation of a motion in compliance with the provisions of Lacka.Co.R.C.P. 206.1, 4000.1 and 4019.
Rule 4000.1. Motion for Presentation before a Special Trial Master.
(a) Presentation to the court of a motion pursuant to Lacka.Co.R.C.P. 4000 shall in all circumstances be initially presented to and decided by a Special Trial Master appointed by the Court who shall follow the same procedures set forth in Lacka.Co.R.C.P. 4000.
(b) An order of the Special Trial Master may be appealed de novo by presentation of an appeal motion to the designated Motions Court Judge in accordance with Lacka.Co.R.C.P. 206.4(c), together with proof of payment to the Clerk of Judicial Records of an appeal cost in an amount to be set by the court from time to time. The appeal motion shall be filed within ten days of the order of the Special Trial Master and shall be considered by the court pursuant to Lacka.Co.R.C.P. 4000.
(c) Motions practice before the Special Trial Master shall be conducted in compliance with Lacka.Co.R.C.P. 206.1 and the Master shall hear motions in the Lackawanna County courthouse on Monday and Thursday at 9:30 a.m., unless otherwise agreed by counsel and the Master or by order of the Master.
(d) Presentation of a motion in any case in which the Special Trial Master is involved shall be presented to the court rather than through the procedure set forth in this Rule.
Rule 4000.2. Case Management Proposal.
With the exception of medical malpractice cases, and upon closure of the pleadings, the Plaintiff(s) shall complete and forward to all parties a Case Management Proposal in substantial compliance with Form 15 in the attached Appendix. The Case Management Proposal shall set forth proposed deadlines for the completion of discovery, exchange of expert reports, and the filing of dispositive motions.
If the Plaintiff(s) has not received any objections to the Case Management Proposal within fifteen (15) days of mailing, the Plaintiff(s) shall submit the Proposal to the Lackawanna County Discovery Master for approval. If a party objects to the Proposal, and the Parties are otherwise unable to agree, and upon appropriate notice as outlined in Lacka.Co.R.C.P. 208.2(f), the Proposal shall be submitted to the Discovery Master for resolution.
If the Plaintiff(s) shall fail to complete and forward a Case Management Proposal within thirty (30) days of the closure of the pleadings, nothing in this Rule shall preclude an Opposing Party from submitting a Case Management Proposal in compliance with this Rule.
Explanatory Comment ''Closure of the Pleadings'' shall mean when all of the Parties have filed a Responsive Pleading in the form of an Answer, and a Reply to New Matter, if any.
Nothing in this Rule shall preclude a Party from seeking an Amendment to the Case Management Schedule upon good cause shown. Nothing shall preclude the Trial Court to Amend the Case Management Schedule upon request of a Party and upon good cause shown.
Rule 4007.1. Objections During Oral Depositions; Speaking Objections.
(a) Counsel making an objection during an oral deposition shall state the word ''objection,'' and briefly state the legal basis for the objection without argument.
(b) If there is to be any discussion, amplification or argument on the objection, the witness shall be excused from the room at the request of any party. Such discussion, amplification or argument shall be made on the record unless all parties agree otherwise.
(c) An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka.Co.R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka.Co.R.C.P. 4012 during the deposition.
Rule 4012. Protective Orders.
(a) If a deposition is being taken within the Lackawanna County courthouse and demand is made for its suspension, a motion for a protective order under Pa.R.Civ.P. 4012(b) shall be made immediately to the Special Trial Master for Discovery, if available, in which event the motion may be oral and heard. If the Special Trial Master for Discovery is not available, the motion for a protective order may be oral and shall be presented to the Special Trial Master for Discovery within forty-eight hours of the suspension of the taking of deposition. Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.
(b) In all other cases, the motion must be in writing and presented to the Special Trial Master for Discovery as provided in Lacka.Co.R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and deponent.
Rule 4013. Stay of Proceedings by Discovery.
(a) If a party seeks a stay of discovery pending disposition of a motion for a protective order, the basis for such a request shall be stated with particularity in the motion and shall be called to the attention of the Special Trial Master for Discovery at the time of presentation of the motion.
(b) If during the pendency of an action a party desires a general stay of the proceedings for purposes of deposition and discovery, the court upon motion and for cause shown may enter an appropriate order staying the proceedings.
Rule 4017.1. Objections During Videotape Depositions.
(a) Counsel making an objection during a videotape deposition shall simply state ''objection,'' upon which the video operator shall stop the videotape. Further argument or discussion shall be made off camera but on the written transcript.
(b) During a discussion or argument, the witness shall be excused from the room at the request of any party.
(c) An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka.Co.R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka.Co.R.C.P. 4012 during the deposition.
Rule 4019. Petitions for Sanctions before a Special Trial Master.
(a) Any party seeking sanctions pursuant to Pa.R.Civ.P. 4019 for violation of an order of the Special Trial Master pursuant to Lacka.Co.R.C.P. 4000.1, of an order of the court pursuant to Lacka.Co.R.C.P. 4000, or otherwise pursuant to Pa.R.Civ.P. 4019, shall in all circumstances initially do so by motion to the Special Trial Master pursuant to Lacka.Co.R.C.P. 4000.1.
(b) Any order of the Special Trial Master granting or denying a sanction may be appealed de novo by presentation of an appeal motion to the court, together with proof of payment to the Clerk of Judicial Records of an appeal cost of an amount to be set by the court from time to time, and said appeal motion shall be considered by the court pursuant to Lacka.Co.R.C.P. 4000.
Rule 4020. Use of Deposition at Trial.
(a) If all or part of a deposition is offered in evidence as substantive evidence of its contents because of the unavailability of the witness, whether or not a party, the counsel offering said deposition shall first submit to the court such evidence as will enable the court to find that the appropriate facts under Pa.R.Civ.P. 4020(a)(3) exist.
(b) An application to the court to use all or part of a deposition of a witness, whether or not a party, as substantive evidence pursuant to Pa.R.Civ.P. 4020(a)(3) shall be made upon reasonable notice to all parties.
Rule 4021. Assignment of Judge for Discovery Proceedings.
In an appropriate case, the court upon its own motion or upon motion of any party may elect to designate one judge to direct all discovery proceedings in that case and to hear and rule upon all motions and petitions relating to discovery. Such designation shall be made by the President Judge.
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