Court of Common Pleas of Luzerne County, Pennsylvania Document Filing Requirements

CRITICALCivil cases

Applies to

Certification for arbitration

The arbitration certification form states that the amount in controversy is $50,000 or less, the case is ready for arbitration, at least 30 days’ prior notice was given to appearing counsel and unrepresented parties, and no party objected; it also requests party and contact information.

The undersigned hereby certifies pursuant to Luzerne County Local Rule 1302 as follows: 1. The amount in controversy is $50,000.00 or less; 2. The case is ripe in all respects to be heard by a Board of Arbitration; 3. At least thirty (30) days prior notice was given of the intention to file this Certification for Arbitration to all counsel who have entered their appearance and to all unrepresented parties; and, 4. No objection has been made to the appointment of a Board of Arbitration by any party. The following information is submitted: Plaintiff: _____________________ Defendant: ______________________ Attorney: _____________________ Attorney: ______________________ Address: _____________________ Address: ______________________ _____________________ ______________________ Telephone: _____________________ Telephone: _____________________ Facsimile: _____________________ Facsimile: _____________________ Email: _____________________ Email: _____________________

CRITICALCivil cases

Applies to

Bill of costs

The party or counsel of record must verify the listed expenses and witness attendance and materiality under oath.

shall be verified by the party or counsel of record, who shall state, under oath, that the expenses listed are accurate and correct and that the witnesses listed were actually present in court on the days alleged and that, in the opinion of the deponent, the witness’s testimony was material.

CRITICALCivil cases

Applies to

Civil argument sheet

The moving party must file a Civil Argument Sheet with the District Court Administrator immediately after filing a motion for judgment on the pleadings.

(b) After filing as provided in subsection (a), the moving party shall immediately: (1) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and proposed order upon the District Court Administrator; (2) file with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) serve a copy of the aforementioned upon all opposing parties.

CRITICALCivil cases

Applies to

Arbitrator registration form

Attorneys seeking appointment to an arbitration board must complete the Form 10 Arbitrator Registration Form in full, including whether and how they are associated with other attorneys or organizations.

The Office of Court Administration shall promulgate an Arbitrator Registration Form to be completed in full by attorneys seeking appointment to Boards of Arbitration. The Arbitration Registration Form is set forth as Form 10 of the Appendix to these Rules. In addition to general and contact information, the Arbitrator Registration Form shall state whether the attorney is practicing alone, is a member of a firm, or is associated in some way with one or more other attorneys, either in private practice, as an employee of a public office (such as District Attorney or Public Defender), non-profit employment/pro bono work, in-house legal counsel, etc.

CRITICALCivil cases

Applies to

Petition for appointment of viewers

A petition for appointment of viewers must be filed with the Clerk of Judicial Records.

The petition shall be filed with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Consent judgment order

The plaintiff must file the consent judgment/order with the Prothonotary and pay the associated filing fee.

Plaintiff shall be responsible for filing this consent judgment/order with the Clerk of Judicial Records (Prothonotary) and paying the associated filing fee.

CRITICALCivil cases

Applies to

Motion to compel

Must include

caption

The notice of intention to present a motion to compel must be attached to the motion.

Notice of Intention to Present any such Motions to Compel must be provided to all parties of record not less than three (3) business days prior to the date of presentation and must be attached to the Motion.

CRITICALCivil cases

Applies to

Praecipe to transmit record

Before filing the Praecipe to Transmit Record, a certification must verify payment of the divorce Hearing Officer’s fees or that the court granted eligibility for a fee-and-cost waiver.

When a Hearing Officer in Divorce has been appointed, prior to filing the Praecipe to Transmit Record, a Certification must be filed verifying that the Hearing Officer's fees have been paid or an eligibility for Waiver of fees and costs petition was granted by the Court.

CRITICALCivil cases

Applies to

Certificate of readiness

The certificate of readiness must certify completion of discovery, availability of necessary parties and witnesses, serious settlement negotiations, trial readiness, and that the trial request was discussed when a copy was served on interested counsel at least 15 days before filing.

I CERTIFY THAT ALL DISCOVERY HAS BEEN COMPLETED; ALL NECESSARY PARTIES AND WITNESSES WILL BE AVAILABLE; SERIOUS SETTLEMENT NEGOTIATIONS HAVE BEEN CONDUCTED; THE CASE IS READY IN ALL ASPECTS FOR TRIAL; A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING AN INTEREST IN THIS CASE NO LESS THAN 15 DAYS PRIOR TO THE FILING, AT WHICH TIME THE TRIAL REQUEST WAS DISCUSSED.

CRITICALCivil cases

Applies to

Immediate relief or stay request

Must include

proposed order

A party seeking immediate relief or relief that would stay proceedings must present the Rule to Show Cause, underlying motion or petition, supporting brief, and proposed order to Motions Court.

Where the moving party is seeking immediate relief in addition to the issuance of the rule to show cause and/or where the relief requested has the effect of a stay of proceedings pending the resolution of the matter subject to the rule to show cause, a party seeking the same shall present the rule to show cause along with the underlying motion/petition, a comprehensive brief in support, and a proposed order to Motions Court for consideration.

CRITICALCivil cases

Applies to

Petition for appointment of viewers

Must include

proposed order

Three petition copies and one proposed order appointing viewers must be delivered to the Office of Court Administration for transmittal to the court and appointed viewers.

Three copies of the petition and one proposed order to appoint viewers shall be delivered to the Office of Court Administration for transmittal to the court and to the appointed viewers.

CRITICALCivil cases

Applies to

Notice to defend

The required Notice to Defend must substantially follow the form prescribed by the rule.

(c) The required Notice to Defend shall be in substantially the following form:

CRITICALCivil cases

Applies to

Opposing party response

The opposing party must file an answer and comprehensive brief within 15 days after service of the specified papers and serve them on all parties and the assigned judge within three days.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service, the opposing party must file an answer and comprehensive brief with the Clerk of Judicial Records, and, within three (3) days, serve all parties and the assigned Judge.

CRITICALCivil cases

Applies to

Certificate of trial readiness

Filing a certificate of trial readiness verifies that no case-dispositive motions are pending and no party contemplates filing one.

The filing of a certificate of trial readiness shall constitute a verification that no case dispositive motions are pending nor does any party contemplate filing such a case dispositive motion.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a certification that the moving party conferred or attempted to confer with all interested parties to resolve the dispute before presenting the motion.

All motions relating to discovery shall include a certification that the moving party has conferred or attempted to confer with all interested parties concerning the subject matter of the motion to resolve the matter without court action prior to the presentment of the motion.

CRITICALCivil cases

Applies to

Appeal

When filing an appeal, the appellant must simultaneously file a Certificate of Readiness for Trial with the Clerk, serve all parties, and deliver a time-stamped copy to the Office of Court Administration.

(c) Simultaneously with the filing of the appeal, appellant shall file a Certificate of Readiness for Trial with the Clerk of Judicial Records, serve all parties and shall deliver a time- stamped copy to the Office of Court Administration which shall assign the case to a Judge for trial in the ordinary course.

CRITICALCivil cases

Applies to

Proof of service

Proof of service must include a verified statement that service was made by certified or registered mail and the sender’s mailing receipt.

proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.C.P. No. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICALCivil cases

Applies to

Motion for approval of distribution

When money is to be paid to the plaintiff in settlement or satisfaction of a wrongful-death and survival action, the plaintiff must move for approval of the proposed distribution and include the proposed allocation between the claims; the excerpt also begins an attachment requirement but ends before specifying it.

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 et seq, and the Survival Act, 42 Pa.C.S. § 8302 et seq., the plaintiff shall present a motion for approval of the proposed distribution of proceeds pursuant to the procedure set forth in Luz. Co. R.C.P. No. 208.3. The motion shall include, inter alia, the proposed allocation of the proceeds between the wrongful death and survival claims and shall attach correspondence or

CRITICALCivil cases

Applies to

Certification for arbitration

After a case is stricken from the trial list, a party must file a court-approved Certification for Arbitration form and pay the appropriate filing fee.

If a case is stricken from the trial list by the court, any party shall file a Certification for Arbitration on the form approved by the court, together with the appropriate filing fee.

CRITICALCivil cases

Applies to

Preliminary objections

Immediately after filing preliminary objections, the moving party must serve the papers on the District Court Administrator and opposing parties and file a Civil Argument Sheet with the Administrator.

After filing, as provided in subsection (a), the moving party shall immediately: (1) Serve a copy of the preliminary objections, the comprehensive brief, and proposed order upon the District Court Administrator; (2) File with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) Serve a copy of the aforementioned upon all opposing parties.

CRITICALCivil cases

Applies to

Real estate tax assessment appeal

Must include

caption

The appeal must include the specified caption, property and appeal information, decision reference with the decision notice attached, and verification.

(b) A Real Estate Tax Assessment Appeal shall contain the following: (1) Caption designating the named party taking the appeal as Appellant, the Luzerne 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. It should also include the Property Identification Number (PIN) and Parcel Number. (3) Nature of and reasons for the appeal. (4) Reference to the decision of the Luzerne County Board of Assessment Appeals from which the appeal is taken. A copy of the notice of decision of the Luzerne County Board of Assessment Appeals shall be attached as an exhibit. (5) A verification (as “verified” is defined in Pa. R.C.P. No. 76).

CRITICALCivil cases

Applies to

Opposition filing

Must include

certificate of service

The opposing party's filing must include an answer, a comprehensive brief, and a certificate of service.

Within fifteen (15) days of service of the Rule to Show Cause, the underlying motion/petition, a comprehensive brief in support and a proposed order, the opposing party must file an answer, comprehensive brief and a certificate of service with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Complaint or counterclaim

Each covered complaint or counterclaim must state whether the claimed damages, excluding interest and costs, are $50,000 or less or more than $50,000; a replevin pleading must instead state whether the claimed property value falls into either category.

For purposes of determining the amount in controversy, every complaint or counterclaim in such civil actions, in replevin, or upon a mechanics’ lien, shall set forth a statement that the total amount of damages claimed in such pleading, exclusive of interest and costs, is “$50,000.00 or less” or is “more than $50,000.00,” or, in replevin, that the value of the property claimed is “$50,000.00 or less” or is “more than $50,000.00.”

CRITICALCivil cases

Applies to

Delay damages form

If a written settlement offer was made, the Delay Damages form must provide the specified offer details and include a copy of the offer.

3. Was a written offer of settlement made by any Defendant, or additional Defendant? If so state: a. The date of the written offer. b. Whether it was in effect at the time of commencement of the hearing; c. The amount of the offer of settlement; and, d. Attach a copy of the written offer of settlement.

CRITICALCivil cases

Applies to

Legal paper

Must include

signature block

Every legal paper filed through the system or in person must include a signature block, the filer’s name, and the filer’s valid email address.

Any legal paper filed through the Electronic Filing System, or in person at the Clerk of Judicial Records as set forth in subsection (b)(1) of this Rule, must include a signature block, the name of the filer, and a valid email address for the filer.

CRITICALCivil cases

Applies to

Stipulation and order

A stipulation must be witnessed by counsel or notarized if submitted by a self-represented party; it becomes null and void if a fully executed or notarized stipulation and order is not submitted within 30 days.

The executed stipulation must be witnessed by counsel or notarized for self- represented parties. Failure to submit a fully executed or notarized Stipulation and Order to the Court within thirty (30) days shall render the Stipulation null and void.

CRITICALCivil cases

Applies to

Opposing party response

Must include

certificate of service

The opposing party must file an answer, comprehensive brief, and certificate of service within 15 days after service of the specified papers, then serve them within three days.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, and a proposed order, the opposing party must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial Records and, within three (3) days, serve the same upon all parties and the Office of Court Administration.

CRITICALCivil cases

Applies to

Electronic filing

An electronically filed legal paper must use one of the specified signature methods, be verified through the system credentials, and is subject to the stated certifications.

The required signature on an electronic filing of legal papers is established by submission of a filing and the application of a digitized signature or the name of the filer preceded by /s/ accompanied by the filer’s printed name or a scanned document with an original signature. Verification will be achieved through use of an email address and a password obtained from the Electronic Filing System. The Electronic Filing System will verify the user ID. Such signature shall be subject to the certification provided for in Pa. R.C.P. No. 1023.1(c), and, if the filing party is an attorney, shall constitute a certification of authorization to file it as provided in Pa. R.C.P. No. 205.1.

CRITICALCivil cases

Applies to

Motion

A plaintiff seeking peremptory judgment in mandamus must proceed by motion and comply with notice unless urgency makes action before reasonably possible notice necessary.

A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with notice, unless the urgency of the case is such as to require action before notice can reasonably be given.

CRITICALCivil cases

Applies to

Petition to re enter program

Must include

certificate of service

The petition form includes a certificate of service identifying the date, recipient, and method of service.

CERTIFICATE OF SERVICE AND NOW, this _______ day of ________________, 20__, I/we, the named Defendant(s), certify that I/we have served on this date a true and correct copy of the Petition to Re-Enter the Luzerne County Mortgage Foreclosure Diversionary Program filed by the Defendant(s) upon Plaintiff or Plaintiff’s Legal Counsel listed below, by depositing the same with United States Mail.

CRITICALCivil cases

Applies to

Brief in support of exceptions

A brief supporting exceptions must cite the cases, statutes, and rules that support the exceptions.

Said brief shall cite cases, statutes and rules that support their exceptions.

CRITICALCivil cases

Applies to

Request for conciliation conference

A pro se borrower served with the notice must contact and meet with an identified housing counselor and file the request form within the notice’s timelines to be eligible for a conciliation conference.

To be eligible to participate in a Conciliation Conference, a pro se defendant/borrower who has been served with a Notice of Residential Mortgage Foreclosure Diversionary Program pursuant to Luz Co. R.C.P. No. 1143(a) or 3129.1(c), must contact and meet with one of the housing counselors identified in the Notice, and file the Request for Conciliation Conference form within the timelines set forth in the applicable Notice.

CRITICALCivil cases

Applies to

Request for conciliation conference

A time-stamped copy of the request must also be delivered to the Office of Court Administration.

A time-stamped copy of the Request for Conciliation Conference shall also be delivered to the Office of Court Administration.

CRITICALCivil cases

Applies to

Exception

Each exception must state a separate objection precisely and without discussion.

Each exception shall set forth a separate objection precisely and without discussion.

CRITICALCivil cases

Applies to

Report and award

The Report and Award must use the form set forth in Pa. R.C.P. No. 1312.

(b) The Report and Award shall be in the form set forth in Pa. R.C.P. No. 1312.

CRITICALCivil cases

Applies to

Civil argument sheet

The moving party must file a Civil Argument Sheet with the District Court Administrator immediately after filing a summary judgment motion.

(b) After filing as provided in subsection (a), the moving party shall immediately: (1) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and proposed order upon the District Court Administrator; (2) file with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) serve a copy of the aforementioned upon all opposing parties.

CRITICALCivil cases

Applies to

Praecipe for discontinuance

After settlement, the Plaintiff must file a Praecipe for Discontinuance with the Clerk of Judicial Records.

When a case is settled, it is mandatory that the Plaintiff file a Praecipe for Discontinuance with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Pleading or other filed document

Must include

caption

Pleadings and other filed documents must include the case caption and document title, plus specified contact information for the attorney filer or non-attorney filer.

All pleadings and other documents submitted for filing with the Clerk of Judicial Records shall contain the following: (1) The correct caption of the case, including the names of the parties, the docket number and the division of the court; (2) A title indicating the nature of the documents; (3) The name, address, telephone number, fax number, e-mail address and Supreme Court identification number of the attorney filing the document; (4) If the party filing the document is not an attorney, the name, address, telephone number and e-mail address of such party.

CRITICALCivil cases

Applies to

Appeal

Must include

caption

An appeal from a zoning hearing board decision must identify the municipality in its caption and follow the prescribed form.

The caption of an appeal from a decision of a zoning hearing board shall make reference to the name of the municipality and shall be in the following form:

CRITICALCivil cases

Applies to

Pre trial memorandum

Each party must file a pretrial memorandum with the assigned judge and serve it on all other parties at least two days before the pretrial conference.

Each party to an action shall file a Pre-Trial Memorandum with the assigned Judge, and, thereafter, shall serve a copy on all other parties at least two (2) days prior to the pre-trial conference.

CRITICALCivil cases

Applies to

Rule to show cause

A party seeking immediate relief or a stay must present the rule to show cause, underlying motion or petition, supporting brief, and proposed order to Motions Court.

Where the moving party is seeking immediate relief in addition to the issuance of the rule to show cause and/or where the relief requested has the effect of a stay of proceedings pending the resolution of the matter subject to the rule to show cause, a party seeking the same shall present the rule to show cause along with the underlying motion/petition, a comprehensive brief in support, and a proposed order, to Motions Court for consideration.

CRITICALCivil cases

Applies to

Rule to show cause

After the judge issues the rule, the moving party must present the time-stamped executed rule and supporting papers to the District Court Administrator, who sets a return date at least 20 days later.

Present a time-stamped copy of the executed rule to show cause, underlying motion/petition, a comprehensive brief in support, and a proposed order to the District Court Administrator, who shall assign a return date for the rule to show cause no less than twenty (20) days thereafter in accordance with internal operating procedures of the court.

CRITICALCivil cases

Applies to

Arbitrator registration form

An attorney seeking appointment to the Board of Arbitrators must satisfy the listed Pennsylvania and Luzerne County practice and office qualifications and file the required Arbitrator Registration Form with the Office of Court Administration.

In order to be considered for appointment to the Board of Arbitrators, an attorney must: (1) be admitted to practice within the Commonwealth of Pennsylvania and be in good standing before the Supreme Court of Pennsylvania; (2) be actively engaged in the practice of law within Luzerne County; (3) maintain an office in Luzerne County; and, (4) file the required Arbitrator Registration Form with the Office of Court Administration.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must be filed with a comprehensive supporting brief and proposed order with the Clerk of Judicial Records.

A party filing preliminary objections shall file the same, along with a comprehensive brief in support, and proposed order, with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Affidavit

The plaintiff or lender must file a substantially Form 7 affidavit attesting either that the borrower did not opt into the diversion program or that participation and a court-supervised conference did not resolve the claim and no further conferences are scheduled.

the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversionary Program” upon the defendant/borrower in substantially the format set forth in Form 6 of the Appendix to these Rules and file an “Affidavit Pursuant to Luz. Co. R.C.P. No. 3129.1” in substantially the format set forth in Form 7 of the Appendix to these Rules, attesting either that: (1) the defendant/borrower has not opted to participate in the Residential Mortgage Foreclosure Diversionary Program; or, (2) the defendant/borrower, 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.

CRITICALCivil cases

Applies to

Consent judgment order

The plaintiff is responsible for filing the consent judgment/order with the Clerk of Judicial Records.

Plaintiff shall be responsible for filing the consent judgment/order with the Clerk of Judicial Records (Prothonotary).

CRITICALCivil cases

Applies to

Request for conciliation conference

An eligible borrower must file a Request for Conciliation Conference substantially in the format set forth in Form 4.

If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversionary Program to be eligible to participate in a court-supervised conciliation conference pursuant to Luz. Co. R.C.P. No. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in substantially the format set forth in Form 4 of the Appendix to these Rules.

CRITICALCivil cases

Applies to

Written notice of hearing

The written hearing notice must include the prescribed Notice of Duty to Appear at Arbitration Hearing statement.

The written notice of hearing shall contain the following statement: “NOTICE OF DUTY TO APPEAR AT ARBITRATION HEARING 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.”

CRITICALCivil cases

Applies to

Securities sale notice

Securities-sale mailings and handbills must identify the securities, the broker and its place of business, and the sale date.

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.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A rule to show cause must not be presented or filed with a motion for judgment on the pleadings.

A rule to show cause shall not be presented or filed with a motion for judgment on the pleadings.

CRITICALCivil cases

Applies to

Divorce decree

The divorce decree must state that alimony is payable to and collectible by the Luzerne County Domestic Relations Section.

divorce decree shall be required to specifically state the alimony shall be paid to and collected by the Luzerne County Domestic Relations Section

CRITICALCivil cases

Applies to

Request for conciliation conference

If a defendant is represented, the lawyer must file a Request for Conciliation Conference; contacting a housing counseling agency is recommended but not required.

If you are represented by a lawyer, it is not required for you to contact one of the housing counseling agencies, although it is recommended. Your lawyer will be required to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

A motion for judgment on the pleadings must be filed with a comprehensive supporting brief and proposed order with the Clerk of Judicial Records.

A party filing a motion for judgment on the pleadings shall file the same, along with a comprehensive brief in support and proposed order, with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Every motion must include a certification that concurrence was sought from all interested parties and, when appropriate, that the motion is uncontested.

All motions shall contain a certification by the moving party that the moving party has sought concurrence in the motion from all interested parties and, where appropriate, that the motion is presented as uncontested.

CRITICALCivil cases

Applies to

Pretrial status conference memorandum

The memorandum must include the specified facts, appraisal if done, desired stipulations, expected witnesses and exhibits, legal issues, and any special problems.

A Pretrial Status Conference Memorandum shall contain a summary statement of facts, appraisal (if done), stipulations desired, witnesses expected to be called, exhibits expected to be offered, legal issues, and special problems presented, if any.

CRITICALCivil cases

Applies to

Entry of appearance or other legal paper

An email address must appear on every entry of appearance or other legal paper filed with the Court, whether filed electronically or in person.

As provided for in subsection (f)(ii) of this Rule, an electronic mail address shall be included on any entry of appearance or other legal paper filed with the Court, whether such filing was completed through the Electronic Filing System, or, in person at the Clerk of Judicial Records as set forth in subsection (b)(1) of this Rule.

CRITICALCivil cases

Applies to

Request for conciliation conference

An eligible borrower who has taken the stated steps must file a Request for Conciliation Conference substantially in the format of Appendix Form 4.

(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversionary Program” to be eligible to participate in a court-supervised conciliation conference, the defendant/borrower shall file a Request for Conciliation Conference in substantially the format set forth in Form 4 of the Appendix.

CRITICALCivil cases

Applies to

Request for conciliation conference

A lawyer representing the homeowner must file a Request for Conciliation Conference on the homeowner’s behalf.

Your lawyer will be required to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled.

CRITICALCivil cases

Applies to

Certificate of readiness

All civil cases are listed for trial upon filing a certificate of readiness in the prescribed form.

ALL CIVIL CASES SHALL BE LISTED FOR TRIAL UPON FILING OF A CERTIFICATE OF READINESS IN THE FOLLOWING FORM:

CRITICALCivil cases

Applies to

Appeal

An appeal must specify the challenged items and supporting reasons and include a praecipe placing the matter on the next available argument list.

The appeal shall contain a specification of the items to which exception is taken and the reasons in support thereof, and shall be accompanied by a praecipe placing the matter on the next available argument list.

CRITICALCivil cases

Applies to

Request for conciliation conference

A borrower not served with the diversionary-program notice may participate in a court-supervised conciliation by filing the request form with the Clerk and delivering a time-stamped copy to the Office of Court Administration.

In the event that the defendant/borrower has not been served with a Notice of Residential Mortgage Foreclosure Diversionary Program pursuant to Luz. Co. R.C.P. No. 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 upon filing a Request for Conciliation Conference form with the Clerk of Judicial Records and delivering a time-stamped copy to the Office of Court Administration.

CRITICALCivil cases

Applies to

Moving papers

The moving party must also file a civil argument sheet in Form 1, available from the Office of Court Administration and in the rules appendix.

The moving party shall additionally file a civil argument sheet available at the Office of Court Administration and attached to the Appendix to these Rules as Form 1.

CRITICALCivil cases

Applies to

Rule to show cause filing

Must include

proposed order, certificate of service

The moving party must file the specified papers with the Clerk, serve time-stamped copies on opposing parties within three days, and deliver a copy to the Office of Court Administration.

Once a rule to show cause has been issued and a return date has been assigned, the moving party shall file the executed rule to show cause indicating the assigned return date, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service with the Clerk of Judicial Records and shall, within three (3) days, serve a time-stamped copy of the aforementioned upon all opposing parties, and deliver a copy to the Office of Court Administration.

CRITICALCivil cases

Applies to

Motion to continue divorce hearing

A motion to continue must use the prescribed form and provide the listed hearing, party, continuance-history, reason, service, opposition, and client-consent information.

(3) Form of Motion to Continue Divorce Hearing before a Hearing Officer: (Caption) 1. The Divorce hearing is scheduled on __________________. 2. The party requesting the continuance of the Divorce Hearing is ________________whose address is ___________________ and represented by _________________________________. 3. Opposing party is _____________________ whose address is ___________________ and represented by______________. 4. The Divorce Hearing has been continued _____ times by Plaintiff and _____ times by Defendant. 5. For any and all previous continuances, state the date of each continuance and the reason for each continuance: 6. State the reason for this request to continue the Divorce Hearing: 7. Before this Motion for Continuance was filed, on __________ (date), I served a copy of this Motion and the proposed Order upon opposing party or their counsel. If service was not made, state the reason: 8. This Motion to Continue the Divorce hearing is ____ OPPOSED or 8 ____ UNOPPOSED by opposing party or their counsel. If Opposed, state the reason: 9. By signing this Motion, Attorney ____________________ represents that their client consents to this request to continue the Divorce Hearing.

CRITICALCivil cases

Applies to

Custody hearing officer report

Must include

proposed order

The report may be narrative, but it must include a proposed order with a specific custody schedule.

The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order, including a specific schedule for partial custody or supervised physical custody.

CRITICALCivil cases

Applies to

Request for conciliation conference

A borrower is entitled to participate in a court-supervised conciliation conference if served with the specified notice and the borrower files and serves a Request for Conciliation Conference.

The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/lender in all residential mortgage foreclosure actions in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage Foreclosure Diversionary Program pursuant to Luz. Co. R.C.P. No. 1143(a) or 3129.1(c), and (ii) has filed and served a Request for Conciliation Conference.

CRITICALCivil cases

Applies to

Exception

Each exception must set out a separate objection precisely and without discussion.

Each exception shall set forth a separate objection precisely and without discussion.

CRITICALCivil cases

Applies to

Certification for arbitration

When a case is ready in all respects, a party may file a Certification for Arbitration, using Form 9 and delivering a time-stamped copy to the Office of Court Administration; the party must notify all other parties at least 30 days before filing and complete all required information, or the certification will be rejected.

When a case is ready in all respects, a party may file a Certification for Arbitration with a time-stamped copy delivered to the Office of Court Administration. The form of the Certification for Arbitration is set forth as Form 9 of the Appendix to these Rules. At least 30 days prior to the filing of a Certification for Arbitration, a party must notify all other parties of one’s intention to file the Certification for Arbitration. All required information must be completed on the Certification for Arbitration. Failure to provide the required information will result in the Certification for Arbitration being rejected.

CRITICALCivil cases

Applies to

Brief

The brief supporting the exceptions must cite supporting cases, statutes, and rules.

Said brief shall cite cases, statutes and rules that support their exceptions.

CRITICALCivil cases

Applies to

Complaint

Every plaintiff’s complaint and every defendant’s complaint against an additional defendant must begin with a Notice to Defend in both English and Spanish.

(a) In accordance with Pa. R.C.P. No. 1018.1, every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a Notice to Defend. (b) The Notice to Defend shall be in both English and Spanish.

CRITICALCivil cases

Applies to

Bill of costs

Must include

caption

A bill of costs must include the correct action caption, witness names, attendance days, each witness’s mileage, and other information needed to support the claimed expenses.

(b) A bill of costs shall bear the correct caption of the action and must contain the names of witnesses, the days of attendance, the number of miles traveled by each witness, and any other information necessary to support all items of expense for which recovery is sought.

CRITICALCivil cases

Applies to

Brief

The brief supporting the exceptions must cite supporting cases, statutes, and rules.

Said brief shall cite cases, statutes and rules that support the exceptions.

CRITICALCivil cases

Applies to

Delay damages statement

A party that does not concur with the information on the plaintiff’s form must state a brief explanation on the form; a party who gives no reason is deemed to concur.

Those parties not concurring in the information contained on the form to be submitted by Plaintiff shall state thereon a brief explanation as to the reasons for their non-concurrence. Parties failing to state the reasons for non-concurrence shall be deemed to be in concurrence.

CRITICALCivil cases

Applies to

Motion or petition

The listed motion or petition, supporting brief, and proposed order must be presented to the Office of Court Administration.

motion/petition, a comprehensive brief in support, and a proposed order, to the Office of Court Administration.

CRITICALCivil cases

Applies to

Agreed order

If the parties reach an agreement at the conciliation conference, the custody hearing officer must prepare and transmit the agreed order to the court for adoption.

In the event that the parties are able to reach an agreement during the Conciliation Conference, the Custody Hearing Officer shall prepare and transmit the agreed upon Order to the Court for adoption.

CRITICALCivil cases

Applies to

Oral argument request

A request for oral argument must be filed with the District Court Administrator when the party files its brief, or later with the assigned judge.

The request must be filed with the District Court Administrator contemporaneously with the filing of the party’s brief or, thereafter, with the Judge to whom the preliminary objections have been assigned.

CRITICALCivil cases

Applies to

Preliminary objections

A rule to show cause must not be presented or filed with preliminary objections.

A rule to show cause shall not be presented or filed with preliminary objections.

CRITICALCivil cases

Applies to

Agreement to conduct arbitration hearing by videoconference

If the parties choose remote videoconference arbitration, the plaintiffs and defendants must agree and waive in-person appearance, and the parties must complete and file the required agreement; videoconferencing remains subject to Court Administration’s discretion and availability.

Arbitrations may take place by remote videoconference. Plaintiff(s) and Defendant(s) must agree to have the arbitration take place by videoconference and waive their right to appear in person. The parties may also agree to have the opposing party appear in person, while others appear by videoconference. Videoconferencing is subject to Court Administration’s discretion and availability. To conduct the hearing by videoconference, the parties must complete and file the Agreement to Conduct Arbitration Hearing by Videoconference. The Agreement can be found on the Luzerne County website under the “Court” heading, “Civil Case Protocol” subheading: https://www.luzernecounty.org/458/Civil-Case-Protocol.

CRITICALCivil cases

Applies to

Brief

Each brief must include the case's procedural history, pertinent facts, questions involved, and argument.

Each brief shall contain (1) a procedural history of the case, (2) a statement of the pertinent facts, (3) a statement of the questions involved, and (4) the argument.

CRITICALCivil cases

Applies to

Petition for special relief

Must include

proposed order, certificate of service

After issuance of the Rule to Show Cause and assignment of a return date, the moving party must file the executed rule, petition, proposed order, and certificate of service with the Clerk of Judicial Records.

Once a rule to show cause has been issued and a return date has been assigned, the moving party shall file the executed rule to show cause indicating the assigned return date, the underlying petition, a proposed order, and certificate of service with the Clerk of Judicial Records

CRITICALCivil cases

(a) Electronic mail addresses (email) shall be included on all filings and correspondence to the Office of Judicial Services & Records (Prothonotary), Court Administration, and the Court.

(a) Electronic mail addresses (email) shall be included on all filings and correspondence to the Office of Judicial Services & Records (Prothonotary), Court Administration, and the Court.

CRITICALCivil cases

Applies to

Motion to compel

Must include

proposed order

A motion to compel in this circumstance must include a proposed order requiring full and complete responses within 30 days.

A Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents, where no objections have been filed, shall be presented to the Motions Judge, either in person or by e-mail to familycourtmotions@luzernecounty.org, along with a proposed order requiring the opposing party to provide full and complete answers and/or responses within thirty (30) days or suffer such sanctions as the court deems necessary.

CRITICALCivil cases

Applies to

Request for conciliation conference

A Request for Conciliation Conference must certify that the defendant owns and occupies the property as a primary residence and has received the notice and completed its required steps.

Pursuant to the local rules governing the Luzerne County Residential Mortgage Foreclosure Diversionary Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject property which is defendant’s primary residence; and, 3. Defendant has been served with a “Notice of Residential Mortgage Foreclosure Diversion Program” and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference pursuant to Luz. Co. R.C.P. No. 1143.1.

CRITICALCivil cases

Applies to

Motion to compel

Must include

proposed order

A motion to compel without filed objections must be presented with a proposed order requiring full answers or responses within 30 days.

A Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents, where no objections have been filed, shall be presented to the Motions Judge along with a proposed order requiring the opposing party to provide full and complete answers and/or responses within thirty (30) days or suffer such sanctions as the court deems necessary.

CRITICALCivil cases

Applies to

Summary judgment motion

Must include

proposed order

A summary judgment motion must be filed with the Clerk of Judicial Records together with a comprehensive supporting brief, supporting documents, and a proposed order.

(a) A party filing a motion for summary judgment shall file the same, along with a comprehensive brief in support, supporting documents, and proposed order, with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Rule to show cause filing

Must include

proposed order, certificate of service

After issuance of the Rule to Show Cause and assignment of a return date, the moving party must file the executed rule and specified motion papers and attachments with the Clerk.

Once a Rule to Show Cause has been issued and a return date has been assigned, the moving party shall file the executed Rule to Show Cause indicating the assigned return date, the underlying motion/petition, a comprehensive brief in support, a proposed order, and a certificate of service with the Clerk of Judicial Records.

CRITICALCivil cases

Applies to

Attorney certificate

Must include

certificate of service

If opposing counsel refuses to execute the document, an Attorney’s Certificate must be attached, certifying service of a copy on opposing counsel and that concurrence was sought.

Where opposing counsel refuses to execute the document, the following shall be attached:

CRITICALCivil cases

Applies to

Complaint

A complaint in a consumer debt action must include “Consumer Debt Action” in its caption.

(a) Caption. In all consumer debt actions, the caption of the complaint shall include thewords “Consumer Debt Action.”

CRITICALCivil cases

Applies to

Certificate of trial readiness

A certificate of trial readiness must be filed to trigger assignment of the case for hearing or trial and must substantially follow Form 2.

The District Court Administrator shall assign a case for hearing or trial upon the filing of a certificate of trial readiness, substantially in the form of Form 2 attached to the Appendix to these Rules.

CRITICALCivil cases

Applies to

Moving papers

Must include

certificate of service

A moving party must contemporaneously file a comprehensive supporting brief and certificate of service, and serve a copy on all parties and the District Court Administrator.

Any moving party filing such matters shall contemporaneously file a comprehensive brief and certificate of service in support thereof and serve a copy upon all parties and the District Court Administrator.

CRITICALCivil cases

Applies to

Certificate of trial readiness

The certificate of trial readiness must identify the judge who decided any case-dispositive motion under the listed rules.

The certificate of trial readiness shall identify the Judge who has decided any case dispositive motion under Luz. Co. R.C.P. No. 1028(c), 1034(a), or 1035.2(a).

CRITICALCivil cases

Applies to

Complaint

In covered residential mortgage foreclosure actions, the complaint must use the specified title and include the diversionary-program notice substantially in Form 3’s format.

In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint shall be titled “Mortgage Foreclosure Action.” The complaint shall include a Notice of Residential Mortgage Foreclosure Diversionary Program in substantially the format set forth in Form 3 of the Appendix to these Rules.

CRITICALCivil cases

Applies to

Petition for special relief

Must include

proposed order

A party seeking immediate relief or relief that would stay proceedings must present the Rule to Show Cause, underlying petition, and proposed order to Motions Court.

Where the moving party is seeking immediate relief in addition to the issuance of the Rule to Show Cause and/or where the relief requested has the effect of a stay of proceedings pending the resolution of the matter subject to the Rule to Show Cause, a party seeking the same shall present the Rule to Show Cause along with the underlying petition and a proposed order to the Motions Court for consideration.

CRITICALCivil cases

Applies to

Initial eminent domain petition

The initial petition presented to the court in an eminent domain proceeding must cite the statute under which it is filed.

The initial petition presented to the court in any eminent domain preceding shall cite the statute under which the petition is filed.

CRITICALCivil cases

Applies to

Real estate tax assessment appeal

A real estate tax assessment appeal must be titled “Real Estate Tax Assessment Appeal.”

(a) A real estate tax assessment appeal from a decision of the Luzerne County Board of Tax 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 titled “Real Estate Tax Assessment Appeal”

CRITICALCivil cases

Applies to

Wrongful death notice

The wrongful-death notice must name the decedent and state the court, term, and action number; a recipient who objects to the plaintiff’s authority may petition to remove and replace the plaintiff as specified.

(a) The notice prescribed in Pa. R.C.P. No. 2205 shall name the decedent and state the court, term, and number of the action, and, if the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person 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 personal representative of the decedent.

CRITICALCivil cases

Applies to

Delay damages statement

When delay damages are claimed, the plaintiff must present the Chair with a sealed statement no later than the hearing’s commencement; it must substantially follow Form 11, answer every question, and be executed by all parties.

In all cases subject to the provisions of this rule where damages for delay are claimed, the plaintiff shall, no later than the commencement of the hearing, present to the Chair of the Board of Arbitrators in a sealed envelope a statement containing the required information, which shall be substantially in the form of Form 11 of the Appendix to these Rules. Each question on the form shall be answered and the form shall be executed by all parties to the action.

CRITICALCivil cases

Applies to

Sale notice

Handbills, written notices, and publications for covered real-property sales must include the property’s street address as part of its location.

(a) Whenever a sale of real property is governed by Pa. R.C.P. No. 3129.1, all handbills, written notices, and publications shall include, as part of the location of the property, a street address.

WARNINGCivil cases

Applies to

Summary judgment motion

A rule to show cause must not be presented to a judge or filed with a summary judgment motion.

(a) A party filing a motion for summary judgment shall file the same, along with a comprehensive brief in support, supporting documents, and proposed order, with the Clerk of Judicial Records. A rule to show cause shall not be presented to a Judge or filed with a motion for summary judgment.

WARNINGCivil cases

Applies to

Signed hard copy

Upon motion, the court may impose appropriate sanctions for failure to produce the signed hard copy as noticed.

The court, upon motion, may grant appropriate sanctions for failure to produce the signed hard copy pursuant to the notice.

WARNINGCivil cases

Applies to

Schedule sheet

Oral argument is waived unless a request is submitted.

***ORAL ARGUMENT IS WAIVED UNLESS A REQUEST IS SUBMITTED.

WARNINGCivil cases

Applies to

Status change report

An attorney must promptly report any change in status to the Office of Court Administration.

Any change in status must be promptly reported to the Office of Court Administration.

WARNINGCivil cases

Applies to

Request for conciliation conference

If the homeowner without an attorney takes the required steps, the housing counselor will help prepare and file a Request for Conciliation Conference with the Court.

If you take these steps, the housing counselor will help you prepare and file a Request for Conciliation Conference with the Court.

WARNINGCivil cases

Applies to

Preliminary objections

Must include

proposed order

If the moving party does not file the required comprehensive brief, the preliminary objections may be dismissed by presenting a proposed order to the Motions Judge.

If the party filing the preliminary objections fails to file a comprehensive brief, as required by this Rule, the preliminary objections may be dismissed by presenting a proposed order to the Motions Judge.

WARNINGCivil cases

Applies to

Appeal

An appeal from a zoning hearing board decision does not operate as a supersedeas unless the court enters a special order.

An appeal from the decision of a zoning hearing board shall not act as a supersedeas without special order of court.

WARNINGCivil cases

Applies to

Land use appeal

Land-use appeals from municipal governing bodies follow the procedure for zoning hearing board appeals, but may be placed on a Miscellaneous Court list when disputed factual questions exist.

The procedure for hearing and deciding appeals from decisions of municipal governing bodies with respect to land use matters shall be the same as for zoning hearing board appeals, except that the case may be placed on a Miscellaneous Court list if there are disputed questions of fact pertaining to the appeal.

WARNINGCivil cases

Applies to

Preliminary objections

Preliminary objections are decided without oral argument unless a party requests argument or the court orders it.

The preliminary objections shall be ruled upon without oral argument unless requested by any party, or ordered by the court.

WARNINGCivil cases

Applies to

Filing rejection notice

If a legal document is refused for filing, the Clerk must state the reason for refusal.

If a legal document is refused for filing, the Clerk of Judicial Records shall specify the reason

WARNINGCivil cases

Applies to

Exception

Unraised matters are waived unless the court grants leave to raise them before entry of the final order.

Matters not covered by exceptions are deemed waived unless, prior to the entry of the final order, leave is granted to file exceptions raising those matters.

INFOCivil cases

Applies to

Petition for special relief

A supporting brief for a Petition for Special Relief is not required unless the court directs otherwise.

Unless otherwise directed by the Court, a brief in support of the Petition for Special Relief shall not be required.

INFOCivil cases

Applies to

Petition and rule returnable

If the parties dispute whether a case is ripe for arbitration certification, any party may file a Petition and Rule Returnable for a hearing in Miscellaneous Court.

In the event that there is a dispute between or amongst the parties as to whether or not a case is ripe for the filing of a Certification for Arbitration, any party may file a Petition and Rule Returnable for hearing on said issue which shall be made returnable for hearing in Miscellaneous Court in accordance with these Rules.

INFOCivil cases

Applies to

Exception

A brief in support of exceptions is not required.

A brief in support of the Exceptions shall not be required.

INFOCivil cases

Applies to

Notice of intervention

Must include

caption

An unnamed county, municipality, or school district may intervene during the appeal by filing a Notice of Intervention with the Clerk, identifying the intervenor in the caption and stating that it is intervening.

(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) The 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.