Montgomery County Local Rules of Civil Procedure

Montgomery County

Local Rules of

Civil Procedure

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Montgomery Civil Court Rules Rule *200.

Rule 14.

Zoning Appeals.

(a) Appeals from the decision of a Zoning Hearing Board shall be

captioned.

See Forms Index

(b) Within 10 days of the issuance of a writ of certiorari by this Court,

the appellant shall serve a copy of both the Notice of Appeal and

Writ upon the Solicitor for the Zoning Hearing Board, the Solici-

tor for the municipality within which the Zon ing Hearing Board

is located and all persons and/or entities who shall have entered

their written appearance in the proceedings before the Zoning

Hearing Board and the matter appealed from.

certiorari shall include a certied copy of the zoning ordinance in

effect when the decision was rendered.

(d) Whenever an appeal is taken from a decision of a Zoning Hear ing

Board and the record is returned by this Court to the Zoning Hear-

ing Board for further proceedings, and a subsequent appeal from

a decision of the Zoning Hearing Board is taken in the same case,

the number of the original appeal shall identify the subsequent

appeal led with the Prothonotary who shall docket and le such

subsequent appeal to the number of the original appeal.

Editor’s note: Rule 14 adopted November 5, 1984, effective January 2,

1985. Amended March 15, 1999, effective 30 days after publication in the Penn-

sylvania Bulletin.

Rule *200

Trial Readiness.

(1) Application. This Local Rule shall apply to all civil actions re-

quiring a Cover Sheet pursuant to Rule 205.5 led on or after

January 1, 2016, excluding cases commenced by Petition, Decla-

ration of Taking, Zoning Appeals, Board of Assessment Appeals,

Declaratory Judgment and Mass Tort cases. The maximum time

limits noted herein, including those identied in a Case Manage-

ment Order or subsequent Order of Court pursuant to subsection

(e), supersede any similar time limits established pursuant to the

agreement of the parties, or pursuant to a Discovery Management

Order under Local Rule 4019*;

(2) Within Arbitration Limit Cases.

a) A civil action requiring a Cover Sheet pursuant to Rule 205.5,

whereon the ling party checked the box in Section A noting

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Rule *200. Montgomery Civil Court Rules

the dollar amount requested is “within arbitration limits’’

(excepting those involving title to real estate and equity cas-

es), shall be praeciped for Arbitration by the parties, pursuant

to Local Rule 1302, within 9 months of the date of ling of

said action, or in the event such a civil action is commenced

in Montgomery County as a “transfer from another jurisdic-

tion’’, within 9 months of the transfer date;

b) If an arbitration limit case is not praeciped for Arbitration

within 9 months of the date of ling or transfer of said action,

the case will be scheduled by the Court for a Case Manage-

ment Conference before the Court or its designee;

c) At the Case Management Conference, a Case Management

Order will be entered which establishes the following, if ap-

plicable:

i) A date for completion of all discovery, except for deposi-

tions for use at trial;

ii) A date for plaintiff to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories;

iii) A date for defendant to submit expert reports and curri-

cula vitae of said experts, or answer expert interrogatories;

iv) A date for the ling of all dispositive motions, and any

responses thereto;

v) The transfer of said case to the Outside Arbitration Limit

track, with set dates as noted above, based on a change in the

determination of the amount in controversy;

d) In no event shall the dates in the Case Management Order, as

noted in subsection (c) above, extend beyond 60 days from

the date of the Case Management Order. Absent the ling of

an intervening Arbitration Praecipe, the case will automati-

cally be placed in the Arbitration Inventory, for the schedul-

ing of an Arbitration Hearing, 60 days from the date of the

Case Management Order;

e) Any extension beyond the maximum time limit for the place-

ment of the case into the Arbitration Inventory, as noted in

subsection (d) above, must be approved by a Judge. Said re-

quest shall be in the form of a Motion for Extraordinary Re-

lief, which shall set forth the reason(s) why the requested re-

lief should be granted. The opposing side(s) shall have ve

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Montgomery Civil Court Rules Rule *200.

(5) days in which to respond to said Motion, after which time

the Court will enter an appropriate order.

(3) Outside Arbitration Limit Cases.

a) A civil action requiring a Cover Sheet pursuant to Rule 205.5,

whereon the ling party checked the box in Section A noting

the dollar amount requested is “outside arbitration limits’’,

shall be praeciped for Trial by the parties, pursuant to Local

Rule 212.1*(d), within 18 months of the date of ling of said

action or in the event such a civil action is commenced in

Montgomery County as a “transfer from another jurisdic-

tion’’, within 18 months of the transfer date;

b) If an outside-arbitration limit case is not praeciped for Trial

within 18 months of the date of ling or transfer of said ac-

tion, the case will be scheduled by the Court for a Case Man-

agement Conference before the Court or its designee;

c) At the Case Management Conference, a Case Management

Order will be entered which establishes the following, if ap-

plicable:

i) A date for completion of all discovery, except for deposi-

tions for use at trial;

ii) A date for plaintiff to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories;

iii) A date for defendant to submit expert reports and curri-

cula vitae of said experts, or answer expert interrogatories;

iv) A date for the ling of all dispositive motions, and any

responses thereto;

v) The transfer of said case to the Within Arbitration Limit

track, with set dates as noted above, based on a change in the

determination of the amount in controversy;

d) In no event shall the dates in the Case Management Order, as

noted in subsection (c) above, extend beyond 120 days from

the date of the Case Management Order. Absent the ling of

an intervening Trial Praecipe, the case will automatically be

placed in the Civil Trial Inventory, for the scheduling of a

Pre-Trial Conference, 120 days from the date of the Case

Management Order;

e) Any extension beyond the maximum time limit for the place-

ment of the case into the Civil Trial Inventory, as noted in

subsection (d) above, must be approved by a Judge. Said re-

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Rule *200. Montgomery Civil Court Rules

quest shall be in the form of a Motion for Extraordinary Re-

lief, which shall set forth the reason(s) why the requested re-

lief should be granted. The opposing side(s) shall have ve

(5) days in which to respond to said Motion, after which time

the Court will enter an appropriate order.

(4) Track Transfer. If at any time during the pendency of an action

subject to this Rule, based on subsequent pleadings or a change in

the determination of the amount in controversy, a party or parties

determine that the case is not on the appropriate track, the party/

parties can request the scheduling of a Case Management Confer-

ence before the Court or its designee, wherein the issue will be

resolved. A Court Order is required to transfer a case from one

track to another. The Court can, sua sponte, order the transfer of a

case from one track to another.

Comments:

1. Zoning Appeals cases shall proceed pursuant to Local Rule 14;

2. Board of Assessment Appeal cases shall proceed pursuant to Local

Rule 920;

3. Asbestos cases shall proceed pursuant to Local Rule 1041.1;

4. All cases involving title to real estate and equity cases are consid-

ered “Outside Arbitration Limit Cases.’’

Editor’s note: Adopted October 19, 2015. Effective January 1, 2016.

Rule *205.2(a).

Required Redaction of Pleadings and

Other Papers Filed with the Court.

[ Rescinded.]

Editor’s note: Adopted November 3, 2010, effective upon publication on

the Pennsylvania Judiciary’s Web Application Portal; rescinded November 27,

2017, effective on January 6, 2018.

Rule *205.2(b).

Cover Sheet.

The cover sheet required by Rules 208.3(b), 1028(c), 1034(a)

and 1035.2(a) shall be as follows:

(a) Cover Sheet of Moving Party

See Forms Index

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Montgomery Civil Court Rules Rule 205.4*.

(b) Cover Sheet of Respondent

See Forms Index

Comment: The Cover Sheet forms referenced in this rule are available

online at www.montcopa.org/prothy/forms.html.

Editor’s note: Revised April 14, 2004, effective July 26, 2004; amended

November 4, 2004, effective upon publication on the web site of the Adminis-

trative Ofce of Pennsylvania Courts (www.ujsportal.pacourts.us); amended

May 24, 2010, effective upon publication on the Pennsylvania Judiciary’s Web

Application Portal.

Rule 205.4*.

Electronic Filing and Service of Legal

Papers.

(a)(1) The Montgomery County Court of Common Pleas hereby per-

mits the electronic ling of legal papers and the electronic service

of such papers, under the terms described in this Local Rule.

(b)(1) All legal papers shall be presented for electronic ling in porta-

ble document format (“pdf”). As authorized by Pa.R.C.P. No.

205.4(b)(1), in the event any legal paper is submitted to the Pro-

thonotary in a hard-copy format, the Prothonotary shall convert

such legal paper to pdf and maintain it in that format. The Protho-

notary shall return the hard-copy legal paper to the ling party for

retention as required by Pa.R.C.P. No. 205.4(b)(4).

(c)(2) All legal papers that are led electronically shall be led through

the Prothonotary’s Electronic Filing System (“Electronic Filing

System”) which shall be accessible through the Montgomery

County Prothonotary’s web site, www.montcopa.org/prothy. To

obtain access to the Electronic Filing System, counsel and any

unrepresented party must apply to the Prothonotary’s Ofce for a

User Name and Password.

(d)(1) The Prothonotary will accept for payment of all ling fees the

following credit and debit cards: American Express, Discover,

MasterCard and Visa. The Prothonotary will not accept advance

deposit on account of future ling fees.

(f)(1) Upon receipt of the legal paper, the Prothonotary shall provide

the ling party with an acknowledgment, which includes the date

and time the legal paper was received by the Electronic Filing

System. The Prothonotary shall also provide the ling party with

notice that the legal paper was accepted for ling. If a legal paper

is not accepted upon presentation for ling or is refused for ling

by the Electronic Filing System, the Prothonotary shall

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Rule 205.4*. Montgomery Civil Court Rules

immediately notify the party presenting the legal paper for ling

of the date of presentation, the fact that the document was not ac-

cepted or refused for ling by the system, and the reason therefor.

(2) Neither the Court nor the Prothonotary shall be required to

maintain a hard copy of any legal paper, notice or order led or

maintained electronically under this rule.

Editor’s note: Previous Rule 205.4* rescinded and current rule adopted

September 29, 2008, effective upon publication in the Pennsylvania Judiciary’s

Web Application Portal. Adopted May 16, 2013, effective May 30, 2013, pub-

lished May 29, 2013.

Rule 205.6*.

  CondentialInformationandCondential

Documents.Certication.

Pursuant to the Public Access Policy of the Unied Judicial Sys-

tem of Pennsylvania: Case Records of the Appellate and Trial Courts

(herein referred to as “Policy’’), the following rules shall apply to all

lings made in the Civil and Family Divisions of this Court:

(A) Condential Information

(1) Any ling that includes any Condential Information, as de-

ned in Section 7.0(A) of the Policy, shall be led with two

(2) versions of the document. One shall be a “Redacted Ver-

sion’’ in which any Condential Information is redacted in a

manner that is visibly evident to the reader. The other “Unre-

dacted Version’’ may include the Condential Information

and shall be sealed, accessible only to the parties, their attor-

neys, and the Court except as Ordered by the Court. Any l-

ing that includes no Condential Information may be led as

only one docu-ment that shall not be sealed. Condential in-

formation is dened in Section 7.0(A) of the Policy as:

1. Social Security Numbers;

2. FinancialAccountNumbers,exceptanactivenancial

accountnumbermaybeidentiedbythelastfourdigits

whenthenancialaccountisthesubjectofthecaseand

cannototherwisebeidentied;

3. Driver License Numbers;

4. StateIdenticationNumbers;

5. Minors’namesanddatesofbirthexceptwhenaminoris

charged as a defendant in a criminal matter (see 42

Pa.C.S. § 6355); and

6. Abusevictim’saddressandothercontactinformation,

includingemployer’snameaddressandworkschedule,

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Montgomery Civil Court Rules Rule 205.6*.

in family court actions as dened by Pa.R.C.P. No.

1931(a),exceptforvictim’sname.

(2) Any ler is responsible for compliance with the Policy and

this Rule. A certicate of compliance shall be attached as a

separate page attached at the end of the ling and signed by

the ler, or as a required check box in an e-ling system, in

the following form:

 “Icertifythatthislingcomplieswiththeprovisionsof

thePublicAccessPolicyoftheUniedJudicialSystem

of Pennsylvania: Case Records of the Appellate and

TrialCourtsthatrequirelingcondentialinformation

anddocumentsdifferentlythannon-condentialinfor-

mation and documents.’’

(B) Condential Documents

(1) Any Condential Document pursuant to Section 8.0(A) of

the Policy shall be sealed from public view. Any exhibit,

document or attachment led or offered in any proceeding

before the Civil Division or Family Division that is a Con-

dential Document as dened under the Policy shall be led

separately from the pleading, motion, memorandum or other

ling to which it relates, and shall be led with a “Conden-

tial Document Form.’’ The Condential Document Form,

but not the document, shall be accessible to the public, ex-

cept as ordered by the Court. Condential Documents, as de-

ned by Section 8.0(A) of the Policy (and as further dened

in Section 1.0 of the Policy) are:

1. Financial source documents;

2. Minors’ educational records;

3. Medical/Psychologicalrecords;

4. ChildrenandYouthServices’records;

5. MaritalPropertyInventoryandPre-TrialStatementas

providedinPa.R.C.P.1930.33;

6. IncomeandExpenseStatementasprovidedinPa.R.C.P.

1910.27(c);and

7. Agreementsbetweenthepartiesasusedin23Pa.C.S.

§ 3105.

(2) Any ler is responsible for compliance with the Policy and

this Rule. A certicate of compliance shall be attached as a

separate page at the end of every ling, and signed by the

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Rule 205.6*. Montgomery Civil Court Rules

ler, or as a required check box in e-ling, in the following

form:

 “Icertifythatthislingcomplieswiththeprovisionsof

thePublicAccessPolicyoftheUniedJudicialSystem

ofPennsylvania:CaseRecordsoftheAppellateandTri-

alCourtsthatrequirelingcondentialinformationand

documents differently than non-condential informa-

tion and documents.’’

If, after notice and a reasonable opportunity to respond, the

Court determines that this Rule has been violated, the Court may im-

pose a sanction on any ler who has violated this Rule or is responsible

for a violation.

Comment: Filers are encouraged to omit condential information and

condential documents not essential to the matters to be decided to minimize

the need for redaction, and where possible to le documents that contain no

condential information.

Editor’s note: Adopted November 27, 2017, effective on January 6, 2018.

Rule 206.1(a).

  Petition.Denition.

The following applications are dened as “petitions,” and are to

be governed by Rule 206.1, et seq.:

(1) Requests to transfer venue on the ground of forum non conve-

niens.

Comment: The following applications are not governed by Rule 206.1, et

seq. or by Rule 208.1, et seq., but rather are governed by the provisions of the

general rule(s) governing the particular matter: Request to Appoint Trustee or

Receiver pursuant to Pa.R.C.P. 1533; Petition to Compromise, Settle or Dis-

continue Minor’s Action pursuant to Pa.R.C.P. 2039 and Local Rule 2039(a)*;

Petition for Supplementary Relief in Aid of Execution pursuant to Pa.R.C.P.

3118; Petition to Fix Fair Market Value of Real Property Sold pursuant to

Pa.R.C.P. 3282; Petition for Appointment of Viewers pursuant to 26 P. S. §1-

504; Petition to Post Bond in Land Use Appeals pursuant to 53 P. S. §11003-A;

Petition to Intervene pursuant to Pa.R.C.P. 2328; Petition for Change of Name

pursuant to 54 Pa.C.S.A.§701 et seq.

Editor’s note: Revised April 14, 2004, effective July 26, 2004.

Rule 206.4(c).

Issuance of a Rule to Show Cause.

(1)

Issuance

. The issuance of a Rule to Show Cause for petitions gov-

erned by Rule 206.1, et seq., shall issue as a matter of course pur-

suant to Rule 206.6. Petitions governed by this Rule shall be led

along with:

(a) a cover sheet in the form set forth in Rule 205.2(b),

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Montgomery Civil Court Rules Rule 206.4(c).

(b) a brief or memorandum of law, as set forth in Rule 210, and

See Forms Index

The petition and proposed order shall be led in the Prothonota-

ry’s Ofce, and forwarded to the Court Administrator, who shall have

the authority to sign the Rule to Show Cause Order.

If a petitioner requests a stay of execution pending disposition of

a petition to open default judgment, or any other petition governed by

this rule, the Court Administrator shall promptly refer the stay request

to the Civil Equity/Emergency Judge for review and determination.

(2) Disposition.

Forty-ve (45) days from the ling of the petition, the matter

shall be referred to a Judge for disposition. If discovery was requested

by either party on their respective cover sheets, said discovery shall be

concluded within forty-ve (45) days from the ling of the petition. If

oral argument was requested by either party on their respective cover

sheets, the matter may be scheduled for argument. If discovery or oral

argument were not requested by either party, the Judge may direct the

scheduling of discovery or oral argument, or may decide the matter

upon the lings. If the respondent did not le an answer to the petition

within the timeframe outlined in the proposed order, the Court will

consider the petition without an answer, and enter an appropriate order

in accordance with Rule 206.7(a).

See Forms Index

(3) Timely Filed Briefs. If the brief of either party is not timely led,

either in accordance with this Rule or by order of the Court, the

assigned Judge may:

(a) Dismiss the petition where the moving party has failed to

comply,

(b) Grant the requested relief where the respondent has failed to

comply, except that no civil action or proceeding shall be

dismissed for failure to comply. Nothing precludes the

assigned Judge from dismissing the matter on its merits,

complying party shall be heard

Comment: the forms referenced in this rule are available online at

www.montcopa.org/courts

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Rule 206.4(c). Montgomery Civil Court Rules

Editor’s note: Amended August 7, 2012, effective upon publication on the

Pennsylvania Judiciary’s Web Application Portal. Amended October 15, 2015,

effective January 1, 2016. Amended December 9, 2015, effective upon publica-

tion on the UJS Portal.

Rule 208.2(c).

Motion. Brief Statement of Applicable

Authority

Any motion led pursuant to Rule 208.1 shall include a brief

statement of the applicable authority.

Editor’s note: Revised April 14, 2004, effective July 26, 2004.

Rule 208.2(d).

 UncontestedMotions.Certication.

If counsel for the moving party determines that a motion is

uncontested by all parties involved in the case, counsel may le a

certication that the motion is uncontested. This certication lan guage

is included on the cover sheet of the moving party required by Local

Rule 208.3(b). By checking the appropriate box on the cover sheet of

the moving party, and signing the certication section of the cover

sheet, counsel for the moving party will satisfy the certication

requirement under this Rule.Disposition of an uncontested motion is

governed by Local Rule 208.3(a).

Editor’s note: Revised April 14, 2004, effective July 26, 2004.

Rule 208.2(e).

Motions Related to Discovery.

Certication.

Any motion relating to discovery must include a certication by

counsel for the moving party that counsel has conferred or attempted

to confer with all interested parties in order to resolve the matter with

out court action. This certication language is included on the cover

sheet of moving party required by Local Rule 208.3(b). By checking

the appropriate box on the cover sheet of the moving party, and sign-

ing the certication section of the cover sheet, counsel for the mov-

ing party will satisfy the certication requirement under this rule.

Editor’s note: Revised April 14, 2004, effective July 26, 2004

Rule 208.3(a).

  Motions.SimpliedProcedure.

The following “motions” shall be considered by the court with-

out written responses or briefs:

(1) Requests for Alternative Service pursuant to Rule 430;

(2) Requests to Proceed Informa Pauperis (Rule 240);

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Montgomery Civil Court Rules Rule 208.3(b).

(3) Any motion certied as uncontested pursuant to Local Rule

208.2(d).

The foregoing motions, after ling with the Prothonotary, shall

be presented to the Court Administrator. The Court Administrator shall

promptly deliver the motion to the Civil Equity/Emergency Judge for

review and determination.

Editor’s note: Revised April 14, 2004, effective July 26, 2004.

Rule 208.3(b).

Motion Practice. Rule to Show Cause.

Disposition of Motions.

(1) Filing. All other “motions” as dened by Rule 208.1, excepting

those listed above in Local Rule 208.3(a), shall be governed by

this Rule. All such motions shall be faced with a cover sheet of the

moving party in the form set forth in Local Rule 205.2(b) and

shall be accompanied by the moving party’s proposed order. The

motion, together with the cover sheet, shall be presented to the

Court Administrator, after ling with the Prothonotary, for a

return day on the rule.

(2) Listing. Excepting motions for sanctions or contempt of a prior

court order, the Court Administrator shall x promptly a return

day which shall not be less than thirty (30) days from the date of

ling of said motion, and the moving party shall forthwith serve

the respondent with a copy of the motion and the cover sheet indi-

cating the return day thereon. The moving party shall there after

le a certication that the motion and the rule return date were

served upon all parties, in substantially the following form:

See Forms Index

Motions for sanctions or contempt of a prior court order shall be

forwarded by the Court Administrator to the assigned Judge for the

scheduling of a hearing.

Motions that are alleged to be “emergencies” will not initially be

given a rule return date, but rather the Court Administrator will for-

ward the emergency motion to the assigned Judge. If the matter is

deemed to be an emergency by the assigned Judge, the Judge will pro-

cess the matter accordingly. If the matter is not deemed to be an emer-

gency, the matter will be returned to the Court Administrator for listing

pursuant to this Rule.

All pre-trial motions that are led after the underlying case has

been praeciped for trial or ordered on the trial list will be made rule

returnable “at time of trial.”

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Rule 208.3(b). Montgomery Civil Court Rules

(3) Response. At or before the call of the list on the return day, the re-

spondent shall le an answer to the motion, even if there are no

contested issues of fact. The answer shall be faced with the re-

spondent’s cover sheet in the form set forth in Rule 205.2(b) and

shall be accompanied by a proposed order.

(4) Initial Consideration of Motion—Rule Return Day. On the return

day, the Court Administrator or his/her designee shall call all mat-

ters listed. If a response is not led to the motion at or before the

call of the list, the court will treat the motion as uncontested, and

grant the requested relief, if appropriate, and if a proper certi-

cate of service was led pursuant to Local Rule 208.3(b)(2). In

the absence of a proper certicate of service, the motion will be

stricken.

Matters relating to discovery in which responses have been

led will proceed by Local Rule 4019*. Motions raising appeal-

able matters in which responses have been led will proceed pur-

suant to section (2) herein. All other matters (interlocutory) in

which responses have been led will forthwith be referred to the

assigned Judge for disposition, including argument, if requested.

(5) Praecipe. On all motions raising appealable matters in which

responses have been led, the Court Administrator, after the

return day, will issue an order directing the completion of dis-

covery, if necessary, within sixty (60) days of the date of the

order. Upon completion of discovery, if necessary, any party may

le with the Prothonotary, in duplicate, a praecipe for argu ment in

the form set forth herein, including a certication that a copy

thereof has been served upon all other parties. The Protho notary

shall forthwith deliver a copy of the praecipe to Court

Administration. The praecipe shall be in the following form:

See Forms Index

(6) Briefs. For motions raising appealable matters, the brief of the

moving party shall be led in the Prothonotary’s Ofce within

thirty (30) days of the ling of the praecipe for argument, unless

otherwise directly by the assigned Judge. Regarding appealable

matters, the brief of the respondent shall be led within thirty (30)

days of the date of the ling of the moving party’s brief.

For motions raising interlocutory matters, where the Court

orders briefs, the brief of the moving party shall be led in the

Prothonotary’s Ofce within thirty (30) days of the date of said

order and the respondent’s brief shall be led within thirty (30)

03_2018 Montgomery Civil.indd 14 3/26/2018 8:06:43 PM

Montgomery Civil Court Rules Rule 208.3(b).

days of the ling of the brief of the moving party, unless other-

wise directly by the assigned Judge. A party may also voluntar ily

le a brief regarding interlocutory matters even though not spe-

cically directed by the Court.

If the brief of either party is not timely led, either per the di-

rective of this Rule or by order of the Court, the assigned Judge

may:

(a) Dismiss the motion where the moving party has failed to

comply;

(b) Grant the requested relief where the respondent has failed to

comply, except that no civil action or proceeding shall be

dismissed for failure to comply;

plying party shall be heard; or

(d) Impose such other sanctions upon the non-complying party

as the Judge shall deem proper.

(7) Disposition. Once briefs, if required, are led, the matter shall be

referred to a Judge for disposition. If oral argument was requested

by either party on their respective cover sheets or the argument

praecipe, the matter may be scheduled for argument. If oral argu-

ment was not requested by either party, the Judge may direct the

scheduling of argument, or may simply decide the matter upon

the lings.

Comments:

1. Rule 208.1(b)(1)(iv) specically excludes motions to exclude expert

testimony pursuant to Rule 207.1 and motions in limine from the above pro cess.

These motions are led with the Prothonotary and referred to the trial judge,

upon assignment of trial.

2. Rule 208.1(b)(2)(i) specically excludes asbestos litigation matters from

the above process. Motions led in said matters are handled pursuant to Local

Rule 1041.1*.

3. Requests for leave to withdraw an appearance in family court actions

pursuant to Rule 1012 and requests under local Rule 229(a)*(1) are consid ered

“motions” that are subject to this Rule.

4. Appealable matters are those that are before the Court for nal judg

ment or adjudication. Please refer to the Pennsylvania Rules of Appellate Pro

cedure for further guidance.

5. Motions relating to discovery in family law actions—excluded from the

above process by Rule 208.1(b)(2)(iv)—are governed by Local Rule 4019.1*

Family Discovery Master.

Editor’s note: Revised April 14, 2004, effective July 26, 2004; amended

August 16, 2004, effective upon publication on the website of the Administra tive

Ofce of Pennsylvania Courts (www.ujsportal.pacourts.us); amended Novem-

ber 4, 2004, effective upon publication on the website of the Adminis trative Of-

ce of Pennsylvania Courts (www.ujsportal.pacourts.us). Amended December

9, 2015, effective upon publication on the UJS Portal.

03_2018 Montgomery Civil.indd 15 3/26/2018 8:06:43 PM

Rule 208.4. Montgomery Civil Court Rules

Rule 208.4.

Disposition of Motions. [Rescinded]

Editor’s note: Rescinded August 16, 2004, effective upon publication on

the web site of the Administrative Ofce of Pennsylvania Courts (www.ujspor tal.

pacourts.us).

Rule 210.

Briefs

(1) Form. Briefs or memoranda of law shall be typewritten, printed or

otherwise duplicated, and endorsed with the name of the case, the

court term and number, and the name, address, and electronic

mail address of the attorney or the party if not represented by an

attorney. Briefs and memoranda of law shall contain concise and

summary statements, separately and distinctly titled, or the fol-

lowing items in the order listed:

(a) Matter before the Court: State the particular pleading (motion,

petition, objection, exception, application, etc.) before the court

for disposition, and the particular relief requested therein.

(b) Statement of question(s) involved: State the issue(s) in question

form containing factual context sufcient to present the precise

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

answer, each followed by the answer desired or advocated.

(d) Argument: State the reason(s) why the court should answer the

questions involved as proposed, including citation of the authori-

ties relied on. An authority shall not be cited for general reference

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

relevant holding or particular proposition for which it stands.

(e) Relief: State the specic action(s) requested of the court.

Comment: The forms referenced in this rule are available online at

www.montcopa.org/courts

Editor’s note: Adopted August 7, 2012, effective upon publication on the

Pennsylvania Judiciary’s Web Application Portal.

Rule 212.1*

Civil Actions to be Tried by Jury. Civil

Actions to be Tried Non-Jury. Equity

Actions. Notice of Earliest Trial Date.

Time for Filing Pre-Trial Statements.

(a)* The Court hereby extends Pa.R.C.P. 212.1 and 212.2 to apply to

civil actions to be tried non-jury, and to equity actions. The notice

of scheduling for Pre-Trial Conference, generated by the Court

03_2018 Montgomery Civil.indd 16 3/26/2018 8:06:43 PM

Montgomery Civil Court Rules Rule 212.1*(d).

Adminis trator’s Ofce at least 50 days prior to said conference

date, shall serve as notice of the earliest trial date required by

Pa.R.C.P. 212.1(a).

(b)* All pre-trial statements are to be led in the Prothonotary’s Of-

ce, and a hard copy provided to the Pre-Trial Conference Judge’s

Chambers, not later than 7 days prior to the Pre-Trial Conference

date.

Comment: Pursuant to Pa.R.C.P. 212.1(c)(2), Montgomery County has

altered the times set for the ling of pretrial statements as set forth in Pa.R.C.P.

212.1(b). This Rule applies to matters that are certied for trial pur suant to Local

Rule of Civil Procedure 212.1*(d).

Editor’s note: Adopted May 11, 1998, effective June 29, 1998; amended

July 21, 2010, effective 30 days after publication in the Pennsylvania Bulletin.

Rule 212.1*(d).

 CerticationRequiredforTrialList.

(1) When a case is ready to be placed into the civil trial inventory,

counsel must le a trial praecipe containing a certication by -

ing counsel that all counsel of record consent to the ling of the

trial praecipe. Consent must be afrmatively obtained, but the

signatures of all counsel are no longer required on the trial prae-

cipe. The consent of unrepresented parties to the ling of the trial

praecipe is not required. If all parties to an action are unrepre-

sented, however, any such party may le a trial praecipe.

(2) Certication shall state that no motions are outstanding and that

all discovery has been comnpleted.

(3) No discovery shall be permitted after certication unless by

agreement of counsel or permission of Court.

(4) If any attorney refuses to join in certication of the case, counsel

who wishes the case listed shall request a conference with the desig-

nated Judge, and give ve days’ notice of that appointment to other

counsel. Thereafter the Judge shall rule on whether the case is ready

for listing and may order the case listed on motion of counsel if in

the opinion of the Court the case is ready for certication.

Comment:

1. The trial praecipe form referenced in this rule is available on line at www.

montcopa.org/prothy/forms.html.

President Judge’s note: Local Rule 212.1*(c) Conferences – Members of

the Bar are advised that the Board of Judges has agreed to discontinue the

practice of ordering cases on the civil trial list where discovery has not been

completed, and allowing for discovery to be ongoing. Delays in completing dis-

covery may be addressed through traditional available mechanisms; court or-

03_2018 Montgomery Civil.indd 17 3/26/2018 8:06:43 PM

Rule 212.1*(d). Montgomery Civil Court Rules

ders, with sanctions for failure to comply. — President Judge Joseph A. Smyth,

February 1998.

Editor’s note: Adopted May 11, 1998, effective June 29, 1998. Amended

March 15, 1999, effective 30 days after publication in the Pennsyl vania Bulletin;

amended November 4, 2004, effective 30 days after publication in the Pennsyl-

vania Bulletin.

Rule 212.2(a)(7)*.

Pre-Trial Statement. Content.

Pursuant to Pa.R.C.P. 212.2(a)(7), the pre-trial statement shall

include the following additional information:

(i) the estimated length of trial;

(ii) any scheduling problems;

(iii) any special evidentiary issues;

(iv) a realistic settlement offer or demand.

Editor’s note: Adopted May 11, 1998, effective June 29, 1998.

Rule 223*.

Custody and Storage of Trial Exhibits.

(a) The moving party shall keep custody of and be responsible for all

non-documentary material submitted into evidence at trial. That

material shall not be left in the courtroom after the conclu sion of

the trial of the case.

(b) All trial exhibits which are larger than 8.5 x 11 inches shall re-

main in the custody of and be the responsibility of the moving

party. The moving party shall submit an original or copy of the

trial exhibit no larger than 8.5 x 11 inches to the Court, which

copy shall be marked and led of record.

Court to retain custody of an Exhibit.

(d) Trial exhibits entered into evidence prior to the effective date of

this Rule, and those led of record pursuant to section (b) above,

shall be retained by the Prothonotary until it is determined wheth-

er an appeal has been taken from a nal judgment. If an appeal

has been taken, the exhibits shall be retained until dispo sition of

the appeal. Within sixty (60) days of the nal disposi tion of all

appeals or the date when no further appeal may be taken under the

Pennsylvania Rules of Appellate Procedure, the party who of-

fered the exhibits may reclaim them from the Pro thonotary. In

cases where nal disposition of all appeals pre dates the effective

date of this Rule by more than sixty (60) days, the sixty (60) day

time period within which to reclaim trial exhibits shall run from

03_2018 Montgomery Civil.indd 18 3/26/2018 8:06:43 PM

Montgomery Civil Court Rules Rule *301.

the effective date of this Rule. Any exhibits not so reclaimed may

be destroyed or otherwise dis posed of by the Prothonotary.

Editor’s note: Adopted January 13, 2003, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule 225*(a)*(b).

Summing Up, Sequence of Speeches.

*(a) The defendant’s attorney may make an opening speech either im-

mediately following the opening speech of plaintiff’s attorney or

at the opening of the defendant’s case.

*(b) The attorney for the party having the burden of proof shall rst

sum up. The attorney for each adverse party or group of parties

may then address the jury and the attorney who commenced the

nal summations may conclude, restricting himself or herself to

answering the arguments advanced.

Editor’s note: Amended March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule *229(a)*(1).

Discontinuances, Divorce Cases.

*(1) In divorce cases a discontinuance shall be entered only by leave

of Court after notice to the defendant, and correspondent, if any

be named.

Rule 230.2.*

Termination of Inactive Cases.

[Rescinded.]

Editor’s note: Adopted November 19, 2012, effective 30 days after

publica tion in the Pennsylvania Bulletin. Amended April 10, 2014. Effective 30

days after publication in the Pennsylvania Bulletin; rescinded October 16, 2017,

effective immediately.

Rule *262.

General Trial List.

Cases shall be placed on the general civil trial list only upon re-

ceipt of a praecipe for civil trial list certifying readiness for trial or

upon order of the Court.

Editor’s note: Rule *262 amended November 5, 1984, effective January

2, 1985. Rule *262(b) rescinded March 15, 1999, effective 30 days after publi

cation in the Pennsylvania Bulletin.

Rule *301.

Argument Court—Interlocutory Matters.

[Rescinded]

Editor’s note: Rescinded April 14, 2004, effective July 26, 2004.

03_2018 Montgomery Civil.indd 19 3/26/2018 8:06:43 PM

Rule *302. Montgomery Civil Court Rules

Rule *302.

Argument Court—Appealable Matters.

[Rescinded]

Editor’s note: Rescinded April 14, 2004, effective July 26, 2004.

Rule *303.

Argument Court Forms. [Rescinded]

Editor’s note: Rescinded April 14, 2004, effective July 26, 2004.

Rule 400.1(b)(1)*

Person to Make Service.

With respect to all actions led in Montgomery County, Penn-

sylvania, original process shall be served within the Commonwealth:

(i) by the sheriff or a competent adult in the actions in equity, parti-

tion, prevent waste and declaratory judgement when declaratory

relief is the only relief sought, and

(ii) by the sheriff in all other actions.

Editor’s note: Adopted August 4, 1999, effective 30 days after publica tion

in the Pennsylvania Bulletin.

Rule *406.

Termination of Inactive Cases.

[Rescinded]

Editor’s note: Rescinded April 14, 2004, effective July 26, 2004.

Rule 430(b)(1)*.

Legal Periodical—Notice, Service,

Publication.

(i) The Montgomery County Law Reporter is and shall be the legal

periodical for the publication of all notices.

(ii) One copy of each issue shall be deposited by the publication in

the Ofce of the Prothonotary and one in the Law Library of

Montgomery County for public reference.

(iii) Except as otherwise provided by acts of assembly, rule or spe cial

order of Court, service by publication shall be made by pub-

lication once in the Montgomery County Law Reporter, and in

one daily or weekly newspaper of general circulation within the

county, and in such manner that the person so served shall have at

least ve days after publication thereof to act thereon.

Editor’s note: Adopted March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule *902.

Security for Costs.

In cases where proceedings in bankruptcy or insolvency are

pending against the plaintiff, the defendant, on ling an answer in ac-

03_2018 Montgomery Civil.indd 20 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule *910.

tions in which an answer is required, and in other actions on ling of

an afdavit of a just defense to the whole of plaintiff’s demand, may

enter a rule for security of costs. A garnishee in attachment exe cution

may, in like cases, enter a rule for security for garnishee’s costs, after

interrogatories and before answers are led. In default of security en-

tered at the time xed by the Court, judgment of non pros may be en-

tered by the Prothonotary in favor of the defendant, or the attachment

quashed in cases of attachment execution.

Editor’s note: Amended March 25, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule *903.

Bill of Costs.

(a) Afdavit. The afdavit of the party or other person to the cor-

rectness of the bill and the attendance and materiality of the wit-

nesses shall be annexed, and shall be prima facie evidence to the

taxing ofcer.

(b) Taxation. Bills of costs shall be taxed, in the rst instance, by the

Prothonotary upon application of the party entitled to execu tion,

subject to exceptions, which exceptions shall be led on or before

the return day of the execution. A re-taxation shall then be had

before the Prothonotary upon 10 days’ notice thereof to both par-

ties, from which either party may appeal to the Court within ve

days thereafter, provided that the appellant shall, within three

days after appeal is entered, le a specication of the items to

which appellant objects and the grounds of all objections; other-

wise, the appeal will be dismissed. No excep tions or appeal shall

operate to stay execution or prevent the col lection of the debt or

costs; but when collected on execution or paid into Court, the

costs excepted to will be retained until the question is decided.

Editor’s note: Rule *903 amended November 5, 1984, effective Janu-

ary 2, 1985. Amended March 15, 1999, effective 30 days after publication in the

Pennsylvania Bulletin.

Rule *910.

Satisfaction of Judgment.

Whenever the Prothonotary is requested to mark any judgment

satised, whether by praecipe or otherwise, the person making or l-

ing the request shall rst satisfy the Prothonotary by afdavit, and, if

required by the Prothonotary, by additional proof that said person is

the owner of the judgment to be marked satised or has fullled the

requirements of Pa.R.C.P. 205.1. No judgment shall be satised by or

on the order of any attorney-at-law unless such attorney shall have rst

entered an appearance for the plaintiff.

03_2018 Montgomery Civil.indd 21 3/26/2018 8:06:44 PM

Rule *910. Montgomery Civil Court Rules

Editor’s note: Rule *910 amended November 5, 1984, effective January 2,

1985mended March 15, 1999, effective 30 days after publication in the Pennsyl-

vania Bulletin.

Rule *920.

Board of Assessment Appeals.

(a) The Pennsylvania Rules of Civil Procedure shall be applicable to

all assessment appeals led in Montgomery County before the

Court of Common Pleas. Nothing in this rule shall be con strued to

limit discovery as permitted under the Pennsylvania Rules of Civil

Procedure.

(b) In all cases where an appeal is taken from a real estate assess ment

xed by the Board of Assessment Appeals, the petition for allow-

ance of appeal shall have the parcel numbers of the prop erty being

appealed in the caption and shall have attached to it a photocopy of

the appeal from order of the said Board and shall have attached to

it a proposed preliminary decree which shall provide:

(1) that the appeal to Court is permitted and said case is to pro-

ceed in conformity with the Pennsylvania Rules of Civil

Procedure;

(2) that within ve days from the date of the preliminary decree,

appellant shall serve a copy of the petition and pre liminary

decree upon the said Board, upon the Board of County

Commissioners of Montgomery County, the gov erning body

of the municipality and the Board of School Directors of the

school district in which the real estate is sit uated and their

Solicitors, and upon the property owner, if the property owner

is not the appellant;

(3) that the taxing authorities of the aforesaid and the property

owner, if the property owner is not the appellant, be and are

hereby entitled to intervene as parties appellee.

pellee and intervening parties a copy of their appraisal report

(which need not be the trial report) with copies of income and ex-

pense statements and rent rolls (if applicable) for the last three

years. In cases where a taxing authority is the appellant, the ap-

praisal report must be provided to appellee and intervening parties

within 60 days of appellant’s receipt of discovery requested of the

taxpayer, including but not limited to inspection of the subject

property provided that the taxing authorities for warded their dis-

covery requests to the taxpayer within 30 days of ling their ap-

peal. Where exemption is the sole issue, this paragraph is not ap-

plicable;

03_2018 Montgomery Civil.indd 22 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1012*.

(d) The appeal shall be forwarded by the Court Administrator to the

Court for a settlement conference upon the ling of a trial praec-

ipe containing a certication by ling counsel that all counsel of

record consent to the ling of the trial praecipe.

(e) A settlement conference shall be convened by the Court upon the

ling of a trial praecipe which shall be attended by the appellant

and all intervening parties. All parties must have a pre liminary

evaluation of the subject property at the conference and be pre-

pared to exchange information with opposing counsel. Expert

witnesses may attend the conference but are not required to do so.

(f) If the assessment appeal is not settled, the Court shall place the

matter in the trial pool. The parties shall exchange expert apprais-

al reports, to be used at trial, within 10 days of the receipt of no-

tice of the rst trial listing.

Comment:

1. The trial praecipe form referenced in this rule is available on line at

www.montcopa.org/prothy/forms.html.

Editor’s note: Amended November 5, 1984, effective January 2, 1985;

further amended September 21, 1992, effective October 15, 1992; and Octo ber

26, 1995; amended November 4, 2004, effective 30 days after publication in the

Pennsylvania Bulletin.

Rule *953.

Eminent Domain.

(a) Service of Copy of Petition and Order upon Adverse Parties. A

copy of any petition for the appointment of viewers and of any

order appointing a Board of View shall be served promptly upon

the adverse party in the same manner as a complaint in assump sit

or by certied or registered mail. An afdavit of service of said

copy shall be led with the Prothonotary.

(b) Service of Copy of Petition and Order, etc., upon Board of View.

Upon appointment of a Board of View, the petitioner shall forth-

with deliver to the chairman of the Board:

(1) A copy of the afdavit of service required by Rule *953(a).

(2) A copy of the petition and order of appointment which peti-

tioner shall certify is true and correct.

(3) Detailed directions to the condemned property.

Editor’s note: Rule *953 amended November 5, 1984, effective Janu-

ary 2, 1985. Former rule *953(a) rescinded March 15, 1999, effective 30 days

after publication in the Pennsylvania Bulletin.

Rule 1012*.

Entry and Withdrawal of Appearance.

(a) Every initial pleading or legal paper led with the Prothonotary or

the Domestic Relations Ofce by an attorney should be accom-

03_2018 Montgomery Civil.indd 23 3/26/2018 8:06:44 PM

Rule 1012*. Montgomery Civil Court Rules

panied by a written entry of appearance. This written appear ance

will facilitate proper notication being given to all counsel of re-

cord of pending matters listed by the Court Administrator. In the

event an initial pleading or legal paper, including an initial respon-

sive pleading or legal paper, led by an attorney is not accompanied

by a written entry of appearance, the Prothonotary or the Domestic

Relations Ofce shall enter the name of said attorney as counsel of

record for the party on whose behalf the pleading or legal paper is

being led. A written withdrawal of appearance shall be required

when counsel is removing himself or herself from an action.

(b) No attorney shall represent the interest of a party to any civil ac-

tion in the Court or before a Domestic Relations Hearing Ofcer,

or special Master or Conciliator appointed by the Court unless or

until the attorney les a written entry of appearance, or until said

attorney’s name appears of record on the docket per section (a)

above.

the duty of said attorney to notify immediately the Court Adminis-

trator of Montgomery County in writing of such change.

Editor’s note: Rule 1012* amended November 5, 1984, effective Janu-

ary 2, 1985; further amended May 13, 1985, effective July 8, 1985; further

amended March 2, 1987, effective May 1, 1987. Amended March 15, 1999, ef-

fective 30 days after publication in the Pennsylvania Bulletin; amended October

7, 2008, effective 30 days after publication in the Pennsylvania Bulletin.

Rule 1018.1*.

Notice To Defend—OfcetobeContacted.

As provided by Pennsylvania Rule of Civil Procedure 1018.1,

the following ofce is designated to be named in the Notice to Defend

prescribed by that rule as the ofce from which information about

hiring a lawyer can be obtained.

Lawyer Reference Service

100 West Airy Street (Rear)

Norristown, Pennsylvania 19404-0268

(610) 279-9660, Extension 201

Rule 1028(c).

Preliminary Objections

(1) Filing. All preliminary objections shall be led:

(a) in accordance with Pa.R.C.P. 1028,

(b) along with:

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

03_2018 Montgomery Civil.indd 24 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1028(c).

(3) a proposed order, and

(4) a certicate of service.

(2) Response. The respondent shall le an answer to preliminary ob-

jections, if required:

(a) in accordance with Pa.R.C.P. 1028 and Pa.R.C.P. 1029,

(b) within twenty (20) days of the service of the preliminary

objections,

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

(3) a proposed order, and

(4) a certicate of service.

(3) Disposition. Forty-ve (45) days from the ling of preliminary

objections, the matter shall be referred to a Judge for disposition.

If discovery was requested by either party on their respective

cover sheets, said discovery shall be concluded within forty-ve

(45) days from the ling of preliminary objections. If oral argu-

ment was requested by either party on their respective cover

sheets, the matter may be scheduled for argument. If discovery or

oral argument were not requested by either party, the Judge may

direct the scheduling of discovery or oral argument, or may de-

cide the matter upon the lings.

(4) Timely Filed Briefs. If the brief of either party is not timely led,

either in accordance with this Rule or by order of the Court, the

Judge may:

(a) Dismiss the preliminary objections where the moving party

has failed to comply,

(b) Grant the requested relief where the respondent has failed to

comply, except that no civil action or proceeding shall be

dismissed for failure to comply. Nothing precludes the

assigned Judge from dismissing the matter on its merits,

complying party shall be heard; or

(d) Impose such other sanctions upon the non-complying party

as the Judge shall deem proper.

Comments:

1. The form referenced in this rule is available online at www.montcopa.

org/courts;

03_2018 Montgomery Civil.indd 25 3/26/2018 8:06:44 PM

Rule 1028(c). Montgomery Civil Court Rules

2. Preliminary Objections may not necessarily be heard by the pretrial

Judge assigned to the case. The Court anticipates implementing an expedited

scheduling program for Preliminary Objections involving Senior Judges.

Editor’s note: Amended August 7, 2012, effective upon publication on the

Pennsylvania Judiciary’s Web Application Portal. Amended October 19, 2015,

effective January 1, 2016. Amended December 9, 2015, effective upon publica-

tion on the UJS Portal. Amended December 1, 2016, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule 1034(a).

Motion for Judgment on the Pleadings.

(1) Filing. After the relevant pleadings are closed, but within such

time as not to unreasonably delay trial, any party may le a mo-

tion for judgment on the pleadings:

(a) in accordance with Pa.R.C.P. 1034,

(b) along with:

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

(3) a proposed order, and

(4) a certicate of service

(2) Response. An answer to a motion for judgment on the pleadings is

required from the non-moving parties:

(a) in accordance with Pa.R.C.P. 1034,

(b) within thirty (30) days of the service of the motion,

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

(3) a proposed order, and

(4) a certicate of service

(3) Disposition. Forty-ve (45) days from the ling of the motion for

judgment on the pleadings, the matter shall be referred to a Judge

for disposition. If oral argument was requested by either party on

their respective cover sheets, the matter may be scheduled for ar-

gument. If oral argument was not requested by either party, the

Judge may direct the scheduling of oral argument, or may decide

the matter upon the lings.

(4) Timely Filed Briefs. If the brief of either party is not timely led,

either in accordance with this Rule or by order of the Court, the

assigned Judge may:

(a)

Dismiss the motion where the moving party has failed to comply,

03_2018 Montgomery Civil.indd 26 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1035.2(a)

(b) Grant the requested relief where the respondent has failed to

comply, except that no civil action or proceeding shall be

dismissed for failure to comply. Nothing precludes the

assigned Judge from dismissing the matter on its merits,

complying party shall be heard; or

(d) Impose such other sanctions upon the non-complying party

as the Judge shall deem proper.

Comments:

1 The form referenced in this rule is available online at www.montcopa.

org/courts;

2 Motions for Judgment on the Pleadings may not necessarily be heard

by the pre-trial Judge assigned to the case. The Court anticipates implementing

an expedited scheduling program for Motions for Judgment on the Pleadings

involving Senior Judges.

Editor’s note: Amended August 7, 2012, effective upon publication on the

Pennsylvania Judiciary’s Web Application Portal. Amended October 19, 2015,

effective January 1, 2016. Amended December 9, 2015, effective upon publica-

tion on the UJS Portal. Amended December 1, 2016, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule 1035.2(a)

Motion for Summary Judgment.

(1) Filing. After the relevant pleadings are closed, and prior to the l-

ing of a trial Praecipe, but within such time as not to unreasonably

delay trial, any party may le a motion for summary judgment:

(a) in accordance with Pa.R.C.P. 1035.2,

(b) along with:

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

(3) a proposed order, and

(4) a certicate of service.

(2) Response. An answer to a motion for summary judgment is re-

quired from the adverse parties:

(a) in accordance with Pa.R.C.P. 1035.3,

(b) within thirty (30) days of the service of the motion,

(1) a cover sheet in the form set forth in Rule 205.2(b),

(2) a brief or memorandum of law, as set forth in Rule 210,

(3) a proposed order, and

(4) a certicate of service.

03_2018 Montgomery Civil.indd 27 3/26/2018 8:06:44 PM

Rule 1035.2(a) Montgomery Civil Court Rules

(3) Disposition. Forty-ve (45) days from the ling of the motion for

summary judgment, the matter shall be referred to a Judge for

disposition, unless the underlying case has already been praeciped

for trial or ordered on the trial list, in which case the motion will

be assigned to the trial judge for disposition. If discovery was re-

quested by either party on their respective cover sheets, said dis-

covery shall be concluded within forty-ve (45) days from the

ling of the motion. If oral argument was requested by either par-

ty on their respective cover sheets, the matter may be scheduled

for argument. If oral argument was not requested by either party,

the Judge may direct the scheduling of oral argument, or may de-

cide the matter upon the lings.

(4) Timely Filed Briefs. If the brief of either party is not timely led,

either in accordance with this Rule or by order of the Court, the

assigned Judge may:

(a) Dismiss the motion where the moving party has failed to

comply,

(b) Grant the requested relief where the respondent has failed to

comply, except that no civil action or proceeding shall be

dismissed for failure to comply. Nothing precludes the

assigned Judge from dismissing the matter on its merits,

complying party shall be heard; or

(d) Impose such other sanctions upon the non-complying party

as the Judge shall deem proper.

Comment: the form referenced in this rule is available online at www.

montcopa.org/courts.

Editor’s note: Amended August 7, 2012, effective upon publication on the

Pennsylvania Judiciary’s Web Application Portal. Amended October 19, 2015,

effective January 1, 2016. Amended December 9, 2015, effective upon publica-

tion on the UJS Portal. Amended December 1, 2016, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule 1041.1*.

Asbestos Litigation—Special Provisions.

Asbestos litigation in Montgomery County is governed by the

Pennsylvania Rules of Civil Procedure and the Montgomery County

Local Rules of Civil Procedure, except as follows:

(a) Local Rule *262 (relating to trial lists) shall not apply. Settle ment

conferences are scheduled and cases are listed for trial by Order

of Court.

(b) In addition to the requirements of the Pennsylvania Rules of Civil

Procedure and Local Rules 205.2(b) through 208.3 inclu sive,

03_2018 Montgomery Civil.indd 28 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1041.1*.

1028(c), 1034(a) and 1035.2(a), copies of motions, peti tions,

responses thereto, and briefs, shall be served upon the appointed

judicial ofcer assigned to asbestos litigation. The l ing of an ar-

gument praecipe shall have the effect of commenc ing the brieng

schedule but not of listing the case for argument, which shall be

done by the Court with the assistance of the appointed judicial of-

cer assigned to asbestos litigation.

When a discovery motion is at issue as provided in Local Rule

4019*, counsel shall notify the appointed judicial ofcer assigned

to asbestos litigation, who shall arrange for disposition of the

matter by the Court.

(d) Arguments, hearings, and trials are ordinarily listed only before

the Judge assigned to the asbestos litigation.

(e) The following procedure shall be in effect with respect to cases

subject, or alleged to be subject to Simmons v. Pacor, Inc., 543

Pa. 664, 674 A.2d 232 (1996):

(1) Within four months of the effective date of this subsection

with respect to asbestos cases pending on the effective date,

and within four months after the ling of each asbestos case

led after the effective date of this Rule, plaintiff in each such

case shall either elect to pursue a claim for medical

monitoring, or transfer the case to inactive status.

(2) A plaintiff desiring to pursue a claim for medical monitor ing

shall, by letter, notify the appointed judicial ofcer assigned

to asbestos litigation, with copies to all other coun sel. The

appointed judicial ofcer assigned to asbestos liti gation shall

consult with the Court, which will issue appropriate Orders

scheduling a conference, and thereafter list the case for

arbitration or trial, as appropriate.

(3) With respect to cases in which plaintiff does not presently

wish to pursue a claim for medical monitoring plaintiff shall

le with the Prothonotary, and serve on all other counsel and

on the appointed judicial ofcer assigned to asbestos

litigation, a praecipe to transfer to inactive status. The

praecipe shall be in the following form:

See Forms Index

(4) Anytime after the expiration of four months from the effec-

tive date of this subsection with respect to asbestos cases

pending on that date, and anytime after four months from the

03_2018 Montgomery Civil.indd 29 3/26/2018 8:06:44 PM

Rule 1041.1*. Montgomery Civil Court Rules

commencement of any action commenced after the effective

date of this subsection, any defendant who asserts that any

case should be transferred to inactive status because it falls

within the rule of Simmons v. Pacor, Inc., supra., shall le

with the Prothonotary, a Motion to Trans fer to Inactive

Status. The Motion shall be in accordance with Pa.R.C.P.

208.1, et seq., and Montgomery County Local Rules of Civil

Procedure 208.1, et seq, and 1041.1*(b). The argument court

cover sheet shall request a rule return day in accordance with

Montgomery County Local Rule of Civil Procedure 208.3(b)

(1). Copies of the motion shall be served on all other counsel

in accordance with Montgomery County local rules and

practice, and shall also be served on the appointed judicial

ofcer assigned to asbestos litigation. The moving party’s

proposed order shall be in the following form:

See Forms Index

Responses shall be led at or before the time the rule is return-

able, and shall be served on all counsel and on the appointed judicial

ofcer assigned to asbestos litigation.

(5) Upon receipt of any responses, the appointed judicial ofcer

assigned to asbestos litigation shall refer the petition to the

Court, which will schedule the matter for argument or hear-

ing as appropriate. If no responses are led the Court

Administrator will forward the Petition to the Signing Judge.

(6) After a case has been transferred to inactive status, whether

by praecipe or by petition and order, the Prothonotary will

maintain the case as an inactive le, the appointed judicial

ofcer assigned to asbestos litigation will remove the case

from the list of pending cases eligible for trial listing, and no

party may take any action with respect to the case, except for

the taking of depositions of an aged or inrm witness for

purposes of preservation of testimony unless and until the

Court, by Order shall direct that the case be retransferred to

active status, upon petition and rule led in accordance with

the procedure set forth in subparagraph (4) above.

Comments:

1. The Honorable William J. Furber, Jr., is the Administrative Judge for

Asbestos Litigation.

2. By Orders dated April 12, 1982 and January 27, 2005, the appointed

judicial ofcer assigned to asbestos litigation is: Donald J. Martin, Esq., 22 West Airy

St., Norristown, PA 194014769, Telephone: (610) 2776772, Fax: (610) 2774993.

03_2018 Montgomery Civil.indd 30 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1041.1*.

3. The Orders scheduling cases for trial and settlement conferences ordi-

narily contain deadlines, including deadlines for the completion of discovery and

for ling certain motions. These are completion deadlines. It is not neces sary for

a scheduling order to issue for counsel to engage in earlier, appropri ate,

discovery and motion practice.

4. Except as stated in sub-paragraph D below, a discontinuance of an

action as to less than all parties may not be entered without notice and an

opportunity to respond to all other parties. This may be accomplished as fol lows:

A. If a stipulation is signed by counsel for all parties to the litigation,

Pa.R.C.P. 229(b) does not require leave of court. The fully executed stip

ulation may be led with the Prothonotary.

B. A motion for approval of discontinuance may be led pursuant to

Pa.R.C.P. 208.1 et seq., and Montgomery County Local Rules of Civil

Procedure 208.2, et seq. A rule to show cause shall be requested on the

cover sheet. The cover sheet should be followed by a form of order

approving the discontinuance, by a petition, and by the original stipula tion

executed by counsel for plaintiff and counsel for the party against whom

proceedings are being discontinued. Upon receipt of the return day from

the Court Administrator counsel should serve all parties, and le with the

Prothonotary a separate certication of service indicating service of the

petition and the rule to show cause, noting the return day. If no answer is

led at or before the time the rule is made returnable, the petition will be

forwarded by the Court Administrator to the Civil Signing Judge in

accordance with the practice pertaining to any petition requiring a return

day.

C. Stipulations for discontinuance signed by counsel for plaintiff and

counsel for the party against whom proceedings are being discontinued

may be presented to the Court at a scheduled settlement conference for

the case in question. If no objection is raised at the conference, the Court

normally approves the stipulation and returns it to counsel for ling and for

service on all parties.

D. If a case has been settled by all parties from whom plaintiff seeks a

recovery, a discontinuance may be entered as to any other parties by

stipulation signed by counsel for plaintiff, the original of which shall be

transmitted to the appointed judicial ofcer assigned to asbestos litiga tion,

with copies served on all other parties. The appointed judicial ofcer

assigned to asbestos litigation shall transmit the stipulation to the appro-

priate judge for approval. Since parties who may have claims for contri

bution or indemnication have not been given the opportunity to object,

such a stipulation is subject to being stricken on the petition of an inter

ested party. Counsel may wish to proceed in accordance with subpara-

graph B, above, to minimize this risk.

5. Certicates of service shall indicate the name and address of counsel or

the parties on which service has been made. A certicate of service “on all par-

ties,” or “on all counsel of record” without stating who they are, does not estab-

lish service on anyone.

6. At the time of the adoption of the addition of subparagraph (e) the Court

was aware that litigation was pending in other jurisdictions relating to the

manner in which claims for medical monitoring can be pursued, and if such

claims can be pursued. The provisions of this subsection (e) creating a proce

dure to pursue medical monitoring claims does not express the Court’s opinion

on this issue. This Rule does not preclude any appropriate motion in any case.

Editor’s note: Amended March 14, 2005, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

03_2018 Montgomery Civil.indd 31 3/26/2018 8:06:44 PM

Rule 1041.1.2* Montgomery Civil Court Rules

Rule 1041.1.2*

Diet Drug (Fen-Phen) Litigation—

Special Provisions

(a) In accordance with Pennsylvania Rule of Civil Procedure 1042.1,

Pennsylvania Rule of Civil Procedure 1041.1(a) and (c) through

(f) are applicable to actions to recover damages for inju ries

alleged to have been caused by the diet drugs known as “Fen-

Phen.’’

(b) The diet drug litigation in Montgomery County is governed by

the Pennsylvania Rules of Civil Procedure and the Montgomery

County Local Rules of Civil Procedure, except as follows:

(1) The Local Rules governing certication and listing of cases

for trial shall not apply. Settlement conferences are sched-

uled and cases are listed for trial by Order of Court.

(2) In addition to the requirements of the Pennsylvania Rules of

Civil Procedure, and Local Rules 205.2(b) through 208.3

inclusive, 1028(c), 1034(a) and 1035.2(a), copies of motions,

petitions, responses thereto and briefs, shall be served upon

the appointed judicial ofcer assigned to com plex litigation.

The ling of an argument praecipe shall have the effect of

commencing the brieng schedule but not of listing the case

for argument, which shall be done by the Court with the

assistance of the appointed judicial ofcer assigned to

complex litigation.

(3) Local Rule 4019 pertaining to discovery masters shall not

apply. When a discovery motion is at issue as provided by

Local Rule 4019, counsel shall notify the appointed judicial

ofcer assigned to complex litigation, who shall arrange for

disposition of the matter by the Court or hear the motion and

make recommendations to the Court, as the Court shall

determine.

(4) Arguments are ordinarily listed only before the judge

assigned to the diet drug litigation.

(5) The Court has established a master docket for use in this lit-

igation, No. 04-00007. This docket is for Orders of general

application to all the litigation or classes of cases within the

litigation. It is not for the ling of motions of less than gen-

eral application, and motions which have relevance to indi-

vidual cases shall be led under such individual case number,

even if more than one case is involved. Upon the taking of an

appeal by any party, if any Orders entered under the general

number are relevant to the case on appeal, counsel shall, by

03_2018 Montgomery Civil.indd 32 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1301*.

praecipe, le a copy of the relevant docu ment in the

individual le.

Comments:

1. The Honorable Arthur R. Tilson is the judge assigned to the diet drug

litigation.

2. The appointed judicial ofcer assigned to complex litigation is Donald

J. Martin, Esquire, 22 West Airy Street, Norristown, Pennsylvania 19401-4769.

Telephone: (610) 2776772. Fax: (610) 2774993.

3. Orders scheduling cases for trial and settlement conferences will ordi-

narily contain deadlines, including deadlines for the completion of discov ery and

for ling certain motions. These are completion deadlines. It is not necessary for

a scheduling Order to issue for counsel to engage in earlier, appropriate, discov-

ery and motion practice.

Editor’s note: Adopted March 14, 2005, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 1066(b)*.

Form of Judgment, Writ of Possession.

*(5) Upon entry of judgment for a plaintiff in any action brought under

Pa.R.C.P. 1061(b)(4), the Court will order the Prothono tary to

issue a writ of possession.

Arbitration

Rule 1301*.

Scope.

(a) Pursuant to §7361 of the Judicial Code, 42 Pa.C.S. §7361 and

Pa.R.C.P. 1301, et seq., all civil suits and actions in the Court of

Common Pleas where the amount in controversy, exclusive of in-

terest and costs, is fty thousand dollars ($50,000) or less per

plaintiff, excepting those involving title to real estate and equity

cases, shall rst be tried and decided by a Board of Arbitrators

consisting of three members of the Bar of this Court who are in

the active practice of law maintaining their principal ofce within

Montgomery County.

(b) Cases, other than those described in (a), may be referred to a

Board of Arbitrators by agreement of reference signed by all par-

ties or their counsel.

the time of the ling of a praecipe for arbitration or a praecipe for

civil trial.

Editor’s note: Amended November 5, 1984, effective January 2, 1985;

further amended December 14, 1992, effective February 2, 1993; and March 8,

1995, effective May 1, 1995. Court Administrator’s note rescinded March 15,

1999, effective 30 days after publication in the Pennsylvania Bulle tin; amended

October 2, 2006, effective 30 days after publication in the Penn sylvania Bulletin.

03_2018 Montgomery Civil.indd 33 3/26/2018 8:06:44 PM

Rule 1302*. Montgomery Civil Court Rules

Rule 1302*.

List of Arbitrators. Appointment to Board.

Oath.

(a)

(1) The Court shall appoint a person to act as Arbitration

Administrator who shall serve at the discretion of the Court

and under the supervision and jurisdiction of the Court.

(2) Each active member of the bar of this Court who maintains

his or her principal ofce within Montgomery County, shall

le with the Arbitration Administrator information indicat ing

whether said member is a sole practitioner, is a member of a

rm or is associated with one or more lawyers. Upon any

change in the member’s status of practicing with or being

associated with any other lawyers, said member shall

immediately report such change to the Arbitration Adminis-

trator.

(3) The Arbitration Administrator shall keep on le all papers

pertaining to proceedings in arbitration cases until the same

are concluded, shall keep the arbitration list up to date, shall

prepare and furnish to the Prothonotary and keep up to date a

list of the members of the bar qualied to act, which list shall

be condential.

The Arbitration Administrator shall send a letter to all mem bers

of the Montgomery Bar Association within 60 days after their

admission to the bar of his or her right to accept an assignment of

Arbitrator by sending, in writing, a statement of his or her intention to

so act, which notice shall be directed to the Arbitration Adminis trator.

The Arbitration Administrator shall advise the members of the bar that

appointment as an Arbitrator shall have the same force and effect as a

Court commitment.

(b)

(1) Upon the ling of an arbitration praecipe containing a certi-

cation by ling counsel that all counsel consent to the l ing

of the praecipe, with notice to opposing counsel and any

unrepresented parties, the Arbitration Administrator shall

select the Board of Arbitrators, consisting of three members

of the Bar of this Court from the list of attorneys qualied to

serve as follows:

(a) The Arbitration Administrator shall select three attor-

neys from said list, two of whom shall have been

admitted to the practice of law for at least eight years.

03_2018 Montgomery Civil.indd 34 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1302*.

The attorney with the lowest “attorney identication

number” shall serve as chairperson of the panel.

(b) Upon the request of any party in writing led within 10

days of the ling of the praecipe for arbitration with

notice to opposing counsel, the Arbitration Administra-

tor shall nominate ve attorneys from said list, three of

whom shall have been admitted to the practice of law for

at least eight years. For each additional party with an

adverse interest, the Arbitration Administrator shall

nominate an additional attorney who has been admitted

to the practice of law for at least eight years. Each party

shall then have the right to strike one attorney so nomi-

nated by notifying the Arbitration Administrator in

writing within 10 days of the date of mailing of the list

of nominations by the Arbitration Administrator. The

three remaining attorneys or the rst three named on the

list, if one or more strikes are not exercised, shall serve

on the panel with the senior attorney to act as chairman.

appointed attorney, the Arbitration Administrator, in all

cases in which the panel was selected under (a) above,

shall appoint a similarly qualied and available attorney

in his/her place. In all cases in which the panel was

selected under (b) above, the Arbitration Adminis trator

shall nominate three similarly qualied and available

attorneys with an additional attorney for each additional

party with an adverse interest provided that there is

sufcient time in which to do so. Each party shall strike

as above one attorney so nominated and the remaining

attorney shall be appointed to the panel.

(d) An adverse party may raise an objection as to whether

the matter is arbitrable under these rules or as to the

composition of the panel selected under (b) above by

notifying the Arbitration Administrator in writing with

notice to opposing counsel within 10 days of the ling

of the praecipe or the mailing of notice of the composi-

tion of the panel. The Court shall decide such objection

before the matter is heard by the Board on the merits.

(e) If any counsel refuses to consent to the ling of the

praecipe for arbitration, any party may request a con-

ference before the designated Judge on the case in order

to determine whether the case should be placed on the

arbitration list and scheduled for hearing.

03_2018 Montgomery Civil.indd 35 3/26/2018 8:06:44 PM

Rule 1302*. Montgomery Civil Court Rules

(f)

(1) Each member of a Board of Arbitrators who has

signed a report or dissents shall receive as compen-

sation for his services in each case a fee of $100.

When more than one case arising out of the same

transaction is heard at the same hearing or hear ings,

it shall be considered as one case insofar as

compensation of the Arbitrators is concerned. In

civil actions, where no appearance has been entered

for the defendant and there is no contest, the

compensation of each of the Arbitrators shall be in

the sum of $25 per case. However, the Administrator,

in his discretion, may assign more than one such

case to a particular Board. In cases requiring

hearings of unusual duration or involving questions

of unusual complexity, the Court, on petition of the

members of the Board and for cause shown, may

allow additional compensation. The Court may

also, on petition of any party to a case, on cause

shown and to prevent injustice, reduce the amount

of such compensation or disallow compen sation

entirely. The members of a Board shall not be

entitled to receive their fees until after ling a report

with the Prothonotary. When the same is led, the

Prothonotary shall issue an order for pay ment of

such fees which shall be immediately paid from

county funds as in the case of all other county debts.

In the event that a case shall be settled or withdrawn

or otherwise terminated by or between the parties at

least one full weekday before the date of the hearing,

the Board members shall not be entitled to the

aforesaid fee.

Comment:

1. The arbitration praecipe form referenced in this rule is available online

at www.montcopa.org/prothy/forms.html.

2. If all parties to an action are unrepresented, any such party may le an

arbitration praecipe.*Effective January 1, 1982, the compensation of Arbitrators

shall be increased to $100 and in the case of assessment of damages only to

$25 per case.

Editor’s note: Rule 1302* amended November 5, 1984, effective

Janu ary 2, 1985; further amended December 14, 1992, effective February 2,

1993. Amended March 15, 1999, effective 30 days after publication in the

Pennsyl vania Bulletin; amended November 4, 2004, effective 30 days after

publication in the Pennsylvania Bulletin

03_2018 Montgomery Civil.indd 36 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1306*.

Rule 1303.

Hearing. Notice.

(a)

*(1) The Arbitration Administrator shall notify the Arbitrators

and the parties or their counsel, in writing, at least 30

days before the hearing of the date, time and place of the

hearing.

(1) The written notice required by subdivision (a)(1) shall

include the following statement:

“This matter will be heard by a board of arbitrators at the

time, date and place specied 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.”

(b)

*(1) The Arbitration Administrator shall have the power to grant

continuances and all applications for continuance shall be

submitted to him or her at least two working days prior to the

date of the hearing.

*(c) If any member of the Board dies or becomes incapable of acting,

or shall fail or refuse to perform his duties, after hearing but be-

fore a report shall be made, the case shall be decided and the re-

port signed by the remaining members of the Board. If they can-

not agree, they shall so notify the Arbitration Administrator, who

shall then appoint a third member from the list of attorneys in the

same manner as the original panel was selected to rehear and de-

cide the case.

Editor’s note: Rule 1303 amended November 5, 1984, effective Janu-

ary 2, 1985. Amended March 15, 1999, effective 30 days after publication in the

Pennsylvania Bulletin; amended September 13, 2011, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule 1306*.

Award.

(a)

(1) The Board of Arbitrators shall not consider the subject of

damages for delay until after a decision has been reached on

the merits and has been entered on the award form.

(2) After the amount of the award has been so entered, the Board

shall make a determination as to damages for delay by

accepting a sealed envelope containing a stipulation set ting

forth whether an offer was made in writing and if so, the

03_2018 Montgomery Civil.indd 37 3/26/2018 8:06:44 PM

Rule 1306*. Montgomery Civil Court Rules

amount as well as the date of the offer. If no such stipu lation

is submitted by counsel, the Board shall, following

announcement of the award, consider evidence from coun sel

relating to damages for delay.

Editor’s note: Rule 1306* amended November 5, 1984, effective

Janu ary 2, 1985.

Rule 1533*(i).

Notice by Assignees and Receivers.

(i) Assignees for the benet of creditors and receivers shall, after

they have entered security, give notice of their appointment to ev-

ery creditor and party in interest of whom they have knowl edge

and shall also publish notice thereof once a week for three succes-

sive weeks.

Editor’s note: Rule 1533*(a) amended November 5, 1984, effective Jan

uary 2, 1985.

Rule 1534*.

Accounts of Fiduciaries—Notice.

(a) At least three weeks before the presentation of the account of any

trustee, committee, guardian, assignee for the benet of creditors,

receiver or other duciary, notice of the ling thereof and of the

petition for distribution shall be served upon all par ties interested

(including creditors and shareholders) whose whereabouts are

known and except in the case of triennial accounts of trustees,

committees and guardians, shall also be published in the Mont-

gomery County Law Reporter and a news paper of general circu-

lation once a week for three successive weeks, unless publication

is waived by the Court.

(b) Said notice shall set forth that the account and petition for distri-

bution have been led in the Ofce of Prothonotary, and will be

presented to the Court at a certain time for such action as the

Court may deem expedient, and that the account may then be con-

rmed and distribution made of the fund, unless exceptions there-

to be previously led or cause shown to the contrary.

submitted at the audit.

(d) If no exceptions have been led, the account may be conrmed

absolutely upon such proof of service.

(e) Similar notice must be given of petitions for the reconveyance of

assigned estates.

03_2018 Montgomery Civil.indd 38 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1568*(a).

(f) The accountant shall le with the account a petition for distribu-

tion of the fund in form similar to that of petitions for distribu tion

required by the Orphans’ Court to be presented at the audit of ac-

counts in that Court.

(g) The petition for distribution shall contain also (1) a list of the

names of creditors or claimants against the fund for distribution

whose claims are believed by the accountant to be just; (2) a list

of claims that are to be contested; (3) a list of claims that appear to

the accountant to be justly entitled to a preference or lien upon the

fund; (4) a list of claims for preference or lien that are disputed. In

all cases, the amount of the claim shall be stated.

(h) Schedule of Distribution. A proposed schedule of distribution

may be attached to or led with the account and after nal con-

rmation, the Court may, on motion, decree distribution in con-

formance therewith. If no proposed schedule of distribution has

been submitted with the account, or if a material change therein is

proposed, no decree of distribution will be made by the Court un-

til such notice has been given to the parties interested as the Court

may order.

(i) Exceptions to Accounts of Schedule of Distribution. Exceptions

to an account or schedule of distribution shall be placed on the

argument list.

Editor’s note: Adopted March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 1568*(a).

Public Sale, Notice.

(a) Except as otherwise provided by act of assembly or special order

of Court, notice of the time and place of the sale of a prop erty at

public auction by a Master in partition shall be given by publica-

tion once a week for three successive weeks immediately preced-

ing such sale in the legal periodical designated by Rule 430(b)

(1)* and in one daily newspaper of general circulation, in each

county where any part of the property lies, such publica tions to

appear in all editions of such newspapers published on the days

the same appears; by posting the property to be sold, and by the

circulation of at least 50 handbills among those who may be

known to be interested in buying the property and in the neigh-

borhood in which it is situate. Whenever a property or properties

so sold lie in different counties the rst publication shall be made

at least 60 days before the date of the sale.

03_2018 Montgomery Civil.indd 39 3/26/2018 8:06:44 PM

Rule 1568*(a). Montgomery Civil Court Rules

Editor’s note: Rule 1568*(a) amended November 5, 1984, effective Jan

uary 2, 1985. Further amended December 9, 1996, Amended March 15, 1999,

effective 30 days after publication in the Pennsyl vania Bulletin.

Family Court Procedures

Rule *1854.

Cover Sheet Required.

(a) Whenever any Family Court action or petition is led with the

Prothonotary, the attorney shall attach a cover sheet to the docu-

ments with the le numbers of all previous Family Court cases

led in Montgomery County involving the same parties.

(b) The cover sheet shall be substantially in the following form:

See Forms Index

Editor’s note: Adopted April 22, 1991, effective May 1, 1991. Amended

March 15, 1999, effective 30 days after publication in the Pennsylvania Bulle tin.

Actions for Support

Rule 1910.10*. Alternative Hearing Procedure.

The Montgomery County Court of Common Pleas adopts the

alternative hearing procedure of Pa.R.C.P. No. 1910.12.

Editor’s note: Adopted May 26, 2016, effective July 18, 2016.

Rule 1910.11*.

Support Conciliation. [Rescinded.]

Editor’s note: Adopted November 27, 1995, effective January 1, 1996.

Amended March 15, 1999, effective 30 days after publication in the Pennsylvania

Bulletin. Rescinded May 26, 2016, effective July 18, 2016.

Rule 1915.3*.

Seminar for Separated and Divorced Parents.

(a) In an action for custody, partial custody or visitation, both parents

shall attend an approved education seminar on the general re-

sponsibilities of separated and divorced parents.

(b) Seminars shall be conducted by seminar providers as approved

by the President Judge. Seminars shall be conducted in the Mont-

gomery County Courthouse or at such other location as approved

by the President Judge. Each parent will be responsi ble to register

for a seminar and for payment of the seminar costs; however, the

03_2018 Montgomery Civil.indd 40 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1920.13*(d).

costs may be waived by the Court for any party qualifying to pro-

ceed in forma pauperis.

tion to modify custody where the parties have already attended

the seminar within the past two (2) years.

(d) A Certicate of Attendance shall be led by the seminar pro vider

with the Prothonotary’s Ofce reecting that attendance was ful-

lled by the parent.

(e) For good cause shown, the Court may waive the requirement of

seminar attendance in a particular case.

(f) Upon a party’s failure to attend a required seminar, the Court may

impose sanctions, including but not limited to a nding of con-

tempt. A hearing on a custody petition shall not be delayed by a

party’s refusal or delay in completing the seminar.

Editor’s note: Adopted October 25, 1993, effective January 3, 1994.

Amended September 10, 1996, effective October 28, 1996; amended Deceme-

ber 3, 2008, effective 30 days after publication in the Pennsylvania Bulletin.

Rule 1915.8(e)*.

Physical and Mental Examination of

Persons.

The court may assess and allocate the cost of the evaluation, the

report and the fee of the expert to appear in court to testify upon a party

or parties, upon the county (in whole or in part) or as otherwise permit-

ted by law.

Editor’s note: Promulgated March 18, 1991; amended September 21,

1992, effective December 1, 1992. Former rule rescinded and new rule

1915.8(e)* adopted March 15, 1999, effective 30 days after publication in the

Pennsylvania Bulletin.

Action of Divorce or

for Annulment of Marriage

Rule 1920.13*(d).

Duplicate Filing With Domestic Relations

Ofce.

The ling of any complaint, counterclaim or petition for child

support, spousal support, or alimony pendente lite with the Prothono-

tary does not commence proceedings for such relief until a duplicate is

led with the Domestic Relations Ofce.

Editor’s note: Amended March 31, 1992, effective July 1, 1992.

03_2018 Montgomery Civil.indd 41 3/26/2018 8:06:44 PM

Rule 1920.33*(f). Montgomery Civil Court Rules

Rule 1920.33*(f).

Initial Hearing Statement—Pre-Trial

Statement—Sanctions.

(1) No later than 10 days prior to the date of the rst hearing before

the equitable distribution master, an initial hearing statement

shall be led which shall include the following:

(a) A statement of all marital and non-marital assets with veri-

cation of values, indicating date of valuation used.

(b) Summary of all marital and non-marital liabilities indicating

dates of valuation.

(d) An expense statement in the form provided for in subsection

(4).

(e) Verication of current gross and net income in the follow ing

form:

See Forms Index

(f) The last two led federal and state income tax returns.

(g) All present or past spousal support, alimony, pendente lite or

child support orders between the parties and any pres ently

existing alimony or child support order involving either party

separately and verication of any arrearages.

(h) The date of the parties’ separation.

(i) Verication of counsel fees costs and expenses, if claimed.

(2) No later than 20 days prior to the date of any subsequent hearing

before the equitable distribution master, each party shall le the

pre-trial statement, in the form required by subdivision (b) of this

rule.

(3) The failure of any party to comply with any provision subsec tion

of local Rule 1920.33(f) may subject that party to sanctions under

Rule 4019(c) and the barring 1920.33(d).

The equitable distribution master shall have the authority to im-

plement the provisions of this subsection or may request that the

Court enter an appropriate order to implement the provisions of

this subsection.

(4) Form

See Forms Index

03_2018 Montgomery Civil.indd 42 3/26/2018 8:06:44 PM

Montgomery Civil Court Rules Rule 1920.51*(f).

Editor’s note: Amended March 31, 1992, effective July 1, 1992. Amended

March 15, 1999, effective 30 days after publication in the Pennsyl vania Bulletin.

Rule 1920.42(d)*(3).

 VericationofDefendant’s 

Signature.

(3) Upon the ling of the Praecipe to Transmit in a divorce action

where the defendant has no attorney of record and the defendant

has not appeared for any proceeding before the Court, the plain-

tiff shall execute and le a Verication of Defendant’s Signature

in the following form:

See Forms Index

Editor’s note: Adopted February 15, 2011, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 1920.51*(f).

Dissolution of the Marital Status,

Appointment of Master, Notice of

Hearing.

(1) Appointment of Master. Any Master appointed pursuant to Rule

1920.51(a)(2)(i) shall be an active member of the Montgomery

Bar Association.

(2) Notice of Hearing. Notice of the rst hearing before the Master

shall be sent by the Master at least 10 days prior to said hearing.

(3) Notice of Filing Master’s Report. Upon the ling of a report by

the Master in divorce with the Prothonotary, the Master shall

forthwith send written notice to the attorneys of record, and if a

party is not represented by counsel, to that party and to the guard-

ian ad litem of a minor or incompetent party except where service

has been by publication, and shall immediately le a certicate

that such notices have been duly sent. The notice shall state the

time and place of ling said report and that, if exceptions are not

led within 10 days after the report is led, the report will be pre-

sented to the Court for nal action. In a contested action, the Mas-

ter shall accompany the notice with a copy of the report and rec-

ommendation.

(4) Fees and Costs. In addition to the ling fee paid to the Protho-

notary under the Prothonotary’s fee bill at the institution of the

action, an additional sum as determined by the Prothonotary,

shall be deposited with the Prothonotary on behalf of the Mas ter.

Fees in excess of the sum deposited with the Prothonotary on be-

half of the Master shall be billed directly to the parties, as

03_2018 Montgomery Civil.indd 43 3/26/2018 8:06:45 PM

Rule 1920.51*(f). Montgomery Civil Court Rules

determined by the Master. Disputes regarding Masters’ fees shall

be resolved by the Court.

(5) [Rescinded.]

(6) Certication when unable to le afdavit as to military service. If

the plaintiff is unable to le such afdavit in accordance with

Pa.R.C.P. 1920.46(b), the plaintiff shall le certications from

the ve branches of the armed services that the defendant is not a

member.

(7) Appointment of counsel for defendant in military service. When-

ever counsel is appointed by the Court for a defendant in the mili-

tary service, the attorney shall le brief report of his ser vices with

the record in the Prothonotary’s Ofce and shall be paid for the

services to be taxed as part of the costs.

Editor’s note: Amended November 5, 1984, effective Jan. 2, 1985;

fur ther amended April 13, 1987; and March 31, 1992, effective July 1, 1992.

Amended March 15, 1999, effective 30 days after publication in the Pennsyl vania

Bulletin; amended November 27, 2017, effective on January 6, 2018.

Rule 1920.55-1*(c).

Alternative Hearing Procedure for

Matters Referred to a Master.

The court adopts the alternative procedure of Pa.R.C.P. 1920.55-

3 with regard to all divorce proceedings which are referred to a Master

for the resolution of economic claims.

Editor’s note: Adopted November 27, 1995, effective Jan. 1, 1996.

Rule 1920.73(c).

Notice of Intention to Request Entry of

Divorce Decree. Praecipe to Transmit

Record. Motion for Entry of Grounds

Order and Appointment of Equitable

Distribution Master. Forms.

(1) A Praecipe to Transmit the Record to request a nal Decree in Di-

vorce shall be led where:

(a) there have been no claims for equitable distribution of marital

property, alimony or counsel fees, costs, and expenses raised

in the pleadings, or

(b) all claims have been withdrawn and grounds for divorce have

been established, and the Moving party is seeking a nal de-

cree in divorce, or

all issues of equitable distribution of marital property, alimo-

ny and counsel fees, costs, and expenses, and grounds for

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Montgomery Civil Court Rules Rule 1920.73(c).

divorce have been established, and the Moving party is seek-

ing a nal decree in divorce which incorporates the written

agreement.

See Forms Index

(2) A Motion for Entry of Grounds Order and Appointment of Equi-

table Distribution Master shall be led where:

(a) there are pending claims for equitable distribution of marital

property, alimony or counsel fees raised in the pleadings, and

(b) no written agreement has been reached by the parties; and

See Forms Index

(3) The Moving party, ling the Motion for Entry of Grounds Order

and Appointment of Equitable Distribution Master, upon ling

said Motion shall:

(a) pay a required fee to the Prothonotary at the time of ling the

Motion; and

(b) certify in the Motion that discovery is complete by including

a listing of all assets and liabilities, including values as of the

date of ling of the Motion; and

ment, which shall include a completed Inventory and Ap-

praisal, pursuant to Local Rule 1920.33(f); and

(d) the Motion and Initial Hearing/Inventory Statement, pursu-

ant to Local Rule 1920.33(f), shall be led with the Court and

served upon the Non-Moving party, and a Certicate of Ser-

vice of same shall be led with the Court.

(4) The Non-Moving party shall have forty-ve (45) days from the

date of service of the Moving party’s Motion and Initial Hearing/

Inventory Statement in which to complete all discovery, and pro-

vide the same certication to the Court and the Moving party, that

the Non-Moving party’s discovery is complete and includes a

listing of all assets and liabilities, including values as of the date

of ling of the certication by the Non-Moving party:

(a) the listing of all assets and liabilities shall be in the form of an

Initial Hearing/Inventory Statement, pursuant to Local Rule

1920.33(f), and shall be led with the Court and served upon

03_2018 Montgomery Civil.indd 45 3/26/2018 8:06:45 PM

Rule 1920.73(c). Montgomery Civil Court Rules

the Moving party, and a Certicate of Service of same shall be

led with the Court.

(5) The failure of either party to comply with any provisions of this

Rule may result in Sanctions to that non-compliant party and/or

the barring of the non-compliant party’s testimony or introduc-

tion/admission of evidence at the time of the equitable distribu-

tion proceedings.

Editor’s note: Adopted May 20th, 2014. Effective 30 days after publication.

Custody Mediation Orientation

Rule *1940.3.

Order for Orientation Session and

Mediation. Selection of Mediator.

(a) Except as provided in (c) below, in an action for custody, partial

custody or visitation, the parties shall attend a custody media tion

orientation session prior to the scheduled Custody Concilia tion

Conference.

(b) An orientation session is an initial meeting between parties, and a

mediator pursuant to Local Rule 1940.4 below, to educate the par-

ties concerning the mediation process so that an informed choice

can be made about continued participation in that pro cess. The me-

diation is condential at the point, if any, that mediation commenc-

es during, or after, the initial orientation session.

child is or has been the subject of abuse either during the pendency

of the action or within 24 months preceding the ling of the action.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi cation

in the Pennsylvania Bulletin; amended January 22, 2007, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule *1940.4.

 MinimumQualicationstobeaMediator

Under Local Rule 1940.3.

(a) A mediator must meet, at a minimum, the following require ments:

(1) hold a post-graduate level degree in law, or a mental health eld

such as psychiatry, psychology, counseling or family therapy;

(2) have successfully completed basic training in a divorce and

custody mediation program approved by the Academy of

Family Mediators or equivalent program, such as a program

approved by the Academy of Matrimonial Lawyers, or its

substantial equivalent;

03_2018 Montgomery Civil.indd 46 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule *1940.5.

(3) certify that Mediator Professional Liability Insurance is

maintained;

(4) participation in a program offered by the Family Law Sec tion

of the Montgomery Bar Association involving substan tive

law training, training concerning our local child custody

procedures and training concerning the local cus tody

mediation orientation program, including reporting

obligations;

(5) continued compliance with the ethical standards and any

continuing educational requirements of the Academy of

Family Mediators, the Academy of Matrimonial Lawyers or

their substantial equivalents.

(b) The Court shall have the authority, upon cause shown, to decer-

tify any Montgomery County custody mediator who has not

complied with the foregoing local rule.

address for Court assignment purposes pursuant to these Rules.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin; amended January 22, 2007, effective 30

days after publication in the Pennsylvania Bulletin.

Rule *1940.5.

Duties of the Mediator.

(a) At the orientation session, the mediator must inform the parties in

writing of the following:

(1) the costs of mediation;

(2) the process of mediation;

(3) that the mediator does not represent either or both of the

parties;

(4) the nature and extent of any relationships with the parties and

any personal, nancial or other interests that could result in a

bias or conict of interest;

(5) that mediation is not a substitute for the benet of indepen-

dent legal advice; and

(6) that the parties should obtain legal assistance for drafting or

reviewing any agreement.

(b) When proceeding from the orientation to mediating a custody

dispute, the mediator shall ensure that the parties consider fully

the best interests of the children.

parties’ children or invite other persons to participate in the

mediation.

03_2018 Montgomery Civil.indd 47 3/26/2018 8:06:45 PM

Rule *1940.5. Montgomery Civil Court Rules

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule *1940.6.

Termination of Mediation.

(a) Mediation, if undertaken after the initial orientation session, shall

terminate upon the earliest of the following:

(1) the complete agreement of the parties;

(2) a partial agreement of the parties and a determination by the

mediator that further mediation will not resolve the remain-

ing issues;

(3) a determination by the mediator that the parties are unable to

reach an agreement through mediation or that the pro ceeding

is inappropriate for mediation; or

(4) a refusal of one of the parties to continue with the media tion.

(b) If the parties reach a complete or partial agreement, the mediator

shall promptly prepare and transmit to the parties and their attor-

neys, if any, a non-binding Memorandum of Understanding set-

ting forth the terms of the parties’ agreement. In no event shall

any agreement, whether reected in the Memorandum of Under-

standing or otherwise, be binding on the parties unless and until it

is subsequently incorporated into a writing signed by the par ties.

ties, but shall not act as attorney, counselor or psychotherapist for

any party either during or after the mediation of a custody action,

or in any matter which was the subject of mediation.

(d) The mediator is prohibited from asking the parties to sign any

Memorandum of Understanding or agreement. No mediator-

drafted Memorandum of Understanding or agreement shall be

submitted to the Court in any proceeding.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule *1940.7.

  CondentialityofMediationSubsequent

to Initial Orientation Session.

(a) All mediation communications and mediation documents, as

those terms are dened in 42 P.S. §5949 of the Judicial Code, are

privileged, not subject to discovery and inadmissible as evi dence

in any proceeding; and

(b) No party, mediator or other person who participates, may be

called as a witness, or otherwise compelled to reveal any matter

disclosed in mediation undertaken, if any, during or subsequent to

the initial orientation session.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

03_2018 Montgomery Civil.indd 48 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule *1940.11.

Rule *1940.8.

Mediator Compensation.

Mediators shall be compensated for their orientation services at

a rate to be established by the Court. Unless otherwise ordered, the rate

established for the custody mediation orientation session shall be

divided between the parties. The costs of the orientation session may

be waived by the Court for any party qualifying to proceed in forma

pauperis.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin. The Court established the rate of mediator

compensation for the Court’s custody mediation orientation session at $150.00,

effective December 13, 1999, until further order of the Court.

Rule *1940.9.

Sanctions.

On its own motion or the motion of a party, the Court may

impose sanctions against any party or attorney who fails to comply or

causes a party not to comply with these mediation rules. Sanctions

may include an award of mediation costs and attorneys fees, includ ing

those incurred in the ling and presentation of the motion for sanctions,

as well as a nding of Contempt. A hearing on a Custody Complaint or

Petition shall not be delayed, however, by a party’s refusal or failure in

attending the mediation orientation sessions.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule *1940.10.

Evaluation of Custody Mediation

Orientation Program.

(a) The Court shall require mediators and Court personnel to evalu-

ate the mediation orientation program at least semi-annually.

(b) The President Judge shall appoint an Advisory Panel to the pro-

gram to oversee and implement the program consistent with local

Court rules, including, but not limited to, implementing and mon-

itoring the program consistent with Paragraph (a) above.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule *1940.11.

 CerticateofCompliance.

A certicate of compliance shall be led by the mediator with

the Prothonotary’s ofce, conrming compliance. Such certicate

shall reect only that such party or parties have complied with these

local rules, but shall in no event detail that such compliance was

comprised of attendance or disqualication, so as to ensure that con-

dentiality is not violated consistent with Local Rule 1940.7.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

03_2018 Montgomery Civil.indd 49 3/26/2018 8:06:45 PM

Rule *1940.12. Montgomery Civil Court Rules

Rule *1940.12.

Available List of Mediators.

The Court shall maintain and make available to all parties and

counsel in the Prothonotary’s Ofce and the Custody Conciliator’s

Ofce a list of custody mediators who have satised the require ments

described more fully in Local Rule 1940.4. Such list shall include, at a

minimum, the names, addresses and the schedule of fees for mediation

services to be provided subsequent to the initial cus tody mediation ori-

entation session.

Editor’s note: Adopted October 18, 1999, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule 2039(a)*.

Compromise, Settlement, Discontinuance

and Distribution [Rescinded].

Rule 2039(a)*.

 Minor’sCompromise

No personal injury action in which a minor has an interest shall

be settled without court approval.

(1) Contents of Petition, Exhibits, and Proposed Decrees:

(A) Petition. A petition for approval of settlement shall set forth:

(1) The date of birth, social security number, and address of

the minor plaintiff, the name and address of the minor’s

parent(s) or guardian(s);

(2) The facts out of which the cause of action arose;

(3) The elements and items of damages sustained;

(4) A list of all expenses incurred or to be incurred, whether

or not they have been paid, by whom payment was

made, and arrangements for payment of unpaid bills;

(5) Any limits on the nancial responsibility of the defen-

dant(s);

(6) A statement as to whether or not a lien or claim has been

raised on behalf of any health care supplier, medi cal

supplier, health insurer, worker’s compensation car rier

or government entity, including the Department of Pub-

lic Welfare;

(7) The fees of counsel, which shall not exceed 25% of the

present value of a structured settlement, or 25% of the

gross recovery of any other settlement, unless counsel

has rendered extraordinary services;

(8) The present status of the minor’s health and injuries; and

03_2018 Montgomery Civil.indd 50 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule 2039(a)*.

(9) Any other circumstances relevant to the propriety of

granting the petition.

(B) Exhibits. The petition shall also contain the following

exhibits:

(1) A written report from attending health care providers

stating the extent of the injury, the treatment given and

the progno sis for the injured minor, except that in cases

where the gross settlement does not exceed $5,000, or in

other cases where the Court is satised that the treating

physician’s ofce notes and/or records set forth ade-

quately the injury, the treatment given and the progno-

sis, such notes and/or records may be provided in lieu of

a written report;

(2) The written consent of the minor, if (s)he is sixteen (16)

years of age or older; and

(3) Copies of counsel’s time sheets and other supporting

docu mentation showing the nature and extent of servic-

es ren dered, if counsel is claiming fees in excess of 25%.

shall submit both a preliminary decree setting a hearing date

and a proposed nal decree setting forth the proposed

distribution of the settlement proceeds. If the gross settlement

is $10,000.00 or less, counsel need submit only the proposed

nal decree.

(2) Filing of Petition. In any action where a civil suit has been initi-

ated by writ of summons or complaint, the petition shall be led

with the Prothonotary under the caption of the civil suit. No mo-

tions court cover sheet is required. In any action where no civil

suit has been initiated, the petition shall be led with the Clerk of

the Orphans’ Court under the caption “ABC, a minor.”

(3) Hearing. All petitions for gross settlements in excess of

$10,000.00 shall be set for hearing before a Judge of the Orphans’

Court. The minor’s presence is required at the hearing, unless (s)

he is excused by the Court for cause shown. Petitions for settle-

ments of $10,000.00 or less may be approved without hearing,

unless the Judge assigned to the matter, in his or her discretion,

determines that a hearing is necessary.

(4) Afdavit of Deposit. When a compromise settlement is approved

by the Court, an Afdavit of Deposit of Minor’s Funds shall be

led with the division of the Court where the petition was led

within 30 days of the date of the order approving the settlement.

The Afdavit shall be substantially in the following form:

03_2018 Montgomery Civil.indd 51 3/26/2018 8:06:45 PM

Rule 2039(a)*. Montgomery Civil Court Rules

See Forms Index

Editor’s note: Amended November 5, 1984, effective January 2, 1985;

further amended November 5, 1984, effective January 2, 1985; and May 15,

1995, effective July 17, 1995. Amended March 15, 1999, effective 30 days after

publication in the Pennsylvania Bulletin. Amended December 7, 2015, effective

30 days after publication in the Pennsylvania Bulletin.

Rule 2232(a)*.

Defective Joinder, Change of Parties,

Notice.

(1) Notice of Pendency of Action. Notice required by this rule shall

contain a statement of the pendency of the action, shall state the

Prothonotary’s 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 20 days after receipt of such notice or his cause

of action will be barred and the action will proceed with out said

person. Proof of service shall be by afdavit accompa nied with a

copy of the notice and the return receipt, led with the Prothono-

tary.

Editor’s note: Rule 2232(a)* amended November 5, 1984, effective Jan

uary 2, 1985; amended March 15, 1999, effective 30 days after publication in

the Pennsylvania Bulletin.

Rule 2232(c)*.

Intervenors in Zoning and Real Estate

Assessment Appeals.

(1) In every appeal from a real estate assessment xed by the Board

for the assessment and revision of taxes, the Board of Commis-

sioners of Montgomery County, the governing body of the mu-

nicipality and the Board of School Directors of the school district

in which the real estate is situated, and the property owner, if the

property owner is not the appellant, may intervene as of course,

by entering a written appearance. Prompt notice of such interven-

tion shall be given to the appellant, appellee and affected munici-

pal bodies.

Editor’s note: Rule 2232(c)* amended November 5, 1984, effective Jan

uary 2, 1985; amended March 15, 1999, effective 30 days after publication in

the Pennsylvania Bulletin.

Rule 2957*.

  PraecipeforWritofExecution,Afdavit.

Plaintiff is required to provide the Prothonotary with an afda-

vit, which shall be forwarded to the Sheriff along with the Writ of Ex-

ecution, stating whether the notice required by Rule 2958.1 has been

03_2018 Montgomery Civil.indd 52 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule 3118(a)(6)*(A).

served, and stating how, if needed, the additional notices shall be

served.

Editor’s note: Adopted March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 2974*.

Writ of Possession.

(a) Where a writ of possession is issued pursuant to a judgment of

possession based upon a residential lease containing a warrant of

attorney or cognovit provision, the writ shall have attached to the

face thereof a notice substantially in the following form:

See Forms Index

(b) The writ and notice shall be served by the sheriff, but no further

eviction proceedings shall be undertaken until the expiration of

20 days after the service of the writ and notice.

the ling of a petition therefore in accordance with Pa.R.C.P.

3162, conditioned upon posting of a bond in an amount to be de-

termined by the Court in a manner similar to that required by

Pa.R.C.P.J.P.1008B.

(d) Anyone presenting a petition for stay in accordance with subdi-

vision (c) shall make a reasonable attempt to notify the plaintiff or

his or her attorney of the date, place and time where the peti tion

for stay will be presented to the Court.

Editor’s note: Adopted June 1, 1983, effective September 6, 1983;

amended March 15, 1999, effective 30 days after publication in the Pennsyl-

vania Bulletin.

Rule 3105*(a).

Delivery of Writ.

(a) Where the writ directs the Sheriff to sell the real property of a de-

fendant the complete writ package must be received by the Sher-

iff before noon on the Last Day to File for the next monthly sale.

Editor’s note: Adopted November 6, 2002, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule 3118(a)(6)*(A).

Levy, Denial of Entry to Premises.

(A) The Court may, on motion of counsel, after writ of execution has

been issued and after attempt by the sheriff to make a levy has

been unsuccessful, upon afdavit executed by the sheriff, that the

defendant or defendants have refused to allow the sher iff entry

into the premises where the property is located, autho rize the

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Rule 3118(a)(6)*(A). Montgomery Civil Court Rules

sheriff to enter by breaking in by force, to make a levy, upon

plaintiff posting such security as the Court may order.

Editor’s note: Amended March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 3129.2(b)(1)*

Notice of Sale, Handbills,

Written Notice, Publication.

With respect to handbills, and legal publication, the “brief de-

scription” of the property required by Pa.R.C.P. 3129.2(b)(1) shall

consist of the street address, parcel identication number, and a copy

of the legal description of the property.

Editor’s note: Adopted February 12, 2001, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule 3129.2*(e).

Internet Notice.

(e) In addition to the notice required by this Rule the Sheriff shall

post a list of all properties to be sold at each sale on the Sheriff’s

ofcial county website. The form and content of the notice shall

be as determined by the Sheriff. Notice shall be posted at least 21

days prior to the date the property is initially scheduled for sale.

The Sheriff may at the Sheriff’s discretion elect to update the list-

ed information to indicate the withdrawal, postponement or stay

of any sale. This additional information shall be for the conve-

nience of the parties. The failure of the Sheriff to update the origi-

nal information, or any inaccuracies in the update, shall not affect

the validity of any sale.

Editor’s note: Adopted November 6, 2002, effective 30 days after publi-

cation in the Pennsylvania Bulletin.

Rule 3135*.

Sheriffs Deed to Real Property, Sale for

Costs Only, Acknowledgment of Deed.

(a) When the Sheriff sells real property in execution to the plaintiff

for costs only, the Sheriff, at the expiration of 10 days thereafter,

if no petition has been led to set aside the sale, shall execute and

acknowledge before the Prothonotary a deed to the property sold.

The Sheriff shall forthwith deliver the deed to the appro priate of-

cers for recording and for registration if required. Conrmation

of the sale by the Court shall not be required.

*(b) Sheriff’s Return; Precede Acknowledgment of Deed. Writs of ex-

ecution must be returned and led before the acknowledg ment of

the Sheriff’s deed for the real estate sold by virtue thereof.

03_2018 Montgomery Civil.indd 54 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule 4007.1*(f).

Rule 3136*(e)(1).

Determination of Exceptions to Schedule

of Distribution.

(e)

(1) The Prothonotary shall deliver the exceptions to the Court,

who shall set a return day and notify the exceptant and the

execution creditor thereof. The exceptant shall immediately

notify all other parties in interest of such return day.

Editor’s note: Rule *3136*(3) amended November 5, 1984, effective Jan-

uary 2, 1985.

Rule 3139(a)(2)*.

Sheriff’sReturn,TimeLimit.

(1) Sheriff’s Return; Last Day to Make Return. The Sheriff shall

make the return within one month after completion or abandon-

ment of the execution proceedings.

Rule 3204*.

  Sheriff’sDeterminationofClaimant’s

Title, Hearing.

(a) If a party in interest les a request for a formal hearing with the

Sheriff within 10 days after date of the mailing of the copy of the

claim, as provided by Rule 3203, the Sheriff shall schedule a

formal hearing prior to determining whether claimant is the prima

facie owner of the property in whole or in part. Said hear ing must

be held by the Sheriff within 30 days after receipt of request for a

hearing.

Rule 3251*.

Praecipe for Writ of Execution; Money

Judgments; Content.

(a) Praecipe for Writ of Execution; Money Judgments; Content. The

praecipe for writ of execution shall include:

(1) Statement whether writ is against real property or personal

property, or both; certication whether exemption has been

waived.

(2) Description of real estate to Prothonotary. If the execution is

against real estate the Prothonotary shall be provided with a

description of the real estate, which he shall attach to the writ

of execution.

Rule 4007.1*(f).

Deposition by Telephone.

(f)

(1) The parties may stipulate in writing or the Court may, upon

motion, order that a deposition be taken by telephone. For the

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Rule 4007.1*(f). Montgomery Civil Court Rules

purposes of these rules a deposition taken by telephone is

taken at the place where the deponent is to answer the

questions.

(2) The appropriate ofcer before whom the deponent is sworn

shall be at the same place as the deponent during the taking of

the deposition. After the deposition, the ofcer adminis tering

the oath shall le a written certication that the depo nent was

identied, sworn and deposed in the ofcer’s presence.

(3) The parties’ agreement or the Court order shall prescribe the

manner in which the deposition will be taken and recorded

and may also include other provisions to assure that the

transcript of the testimony will be accurate.

(4) If any examining party desires to present exhibits to the

deponent during the deposition, copies shall be sent to the

deponent and all parties or their counsel prior to the taking of

the depositions.

(5) Nothing herein shall preclude any party from being repre-

sented in person or by counsel at the location of the depo nent

during the deposition.

Editor’s note: Adopted March 15, 1999, effective 30 days after publica-

tion in the Pennsylvania Bulletin.

Rule 4012*.

Protective Orders, Depositions,

Place of Taking.

tween counsel for the parties, or unless otherwise allowed by spe-

cial order of the Court, all depositions shall be taken in the Mont-

gomery County Courthouse.

Editor’s note: Adopted May 16, 1994, effective July 4, 1994.

Rule 4015*.

Letters Rogatory, Form of Application.

(d) Letters Rogatory in the following form may be issued on the ap-

plication of either party.

See Forms Index

Rule 4019*.

Discovery Master.

In order to facilitate the prompt disposition of discovery

motions, the Court adopts Local Rule of Civil Procedure 4019*

implementing the “Discovery Master Program” as follows:

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Montgomery Civil Court Rules Rule 4019*.

(1) The Board of Judges shall appoint a designated number of mem-

bers of the Bar to serve as Discovery Masters, for an indeterminate

term, without compensation, at the pleasure of the Court.

Editor’s note: Amended November 30, 2017, effective 30 days after

publication in the Pennsylvania Bulletin.

(2) All motions relating to discovery, originally processed under

Local Rule 208.3(b), other than a motion for sanctions, shall be

subject to this Rule.

(3) If the motion is resolved amicably prior to the return day issued

pursuant to Local Rule 208.3(b), the motion shall either be with-

drawn or a stipulated order shall be submitted to the Court

Administrator for submission to the signing Judge. If the motion

is opposed, the parties shall appear in a courtroom or arbitration

room designated by the Court Administrator on the Friday of the

week in which the rule was made returnable, to argue the matter

before the Discovery Master designated by the Court Adminis-

trator to hear the matter. In the event that Friday is a legal holi day,

the matter shall be argued before the Discovery Master on the

Thursday following the return day. Briefs in support of and in

opposition to the motion may be submitted to the Court

Administrator’s Ofce prior to the day on which the matter is to

be argued before the Discovery Master.

(4) After hearing argument and considering the motion, answer, and

any briefs led, the Discovery Master shall submit a written rec-

ommendation and proposed order to the assigned Judge for entry

of an appropriate order.

(5) In civil actions in which the damages sought exceed the jurisdic-

tional limit for compulsory arbitration, any party may request the

judge assigned to the case to direct the Court Administrator to list

the case for a Discovery Management Conference before a

Discovery Master. The Discovery Master may recommend a

Discovery Management Order, which establishes the following:

a. A date for completion of all discovery, except for deposi tions

for use at trial;

b. A date for plaintiff to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories;

c. A date for defendant to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories;

(6) The parties may, by agreement in writing, extend any dates set

forth in the Discovery Management Order.

(7) Upon request of any party, for good cause shown, the Discovery

Master may recommend an extension of any dates set forth in the

Discovery Management Order.

03_2018 Montgomery Civil.indd 57 3/26/2018 8:06:45 PM

Rule 4019*. Montgomery Civil Court Rules

Editor’s note: Revised April 14, 2004, effective July 26, 2004; amended

November 30, 2017, effective 30 days after publication in the Pennsylvania

Bulletin.

See Forms Index

Rule 4019.1*

Family Discovery Master.

In order to facilitate the prompt disposition of discovery in

domestic relations matters, the Court adopts the Family Discovery

Master Program as follows:

1. The Board of Judges appoints the Masters in Equitable Distribu-

tion and the Support Conference Ofcers to serve as Family

Discovery Masters.

2. All motions respecting discovery in domestic relations matters

shall be led with the Prothonotary. The moving party shall

include a cover sheet and a proposed order. The cover sheet must

state that counsel have conferred in a good faith effort to resolve

the discovery dispute.

3. The motions shall then be presented to the Family Discovery

Master for a rule returnable and argument date. A certicate of

service of the motion and rule returnable and argument date shall

be led in the Prothonotary’s ofce by the moving party on or

before the return date.

4. The rule returnable and argument date shall be at 1 p.m. on the

rst Wednesday following the 30th day subsequent to the ling of

the petition in a hearing room located at 321 Swede Street,

Norristown, PA.

5. If the motion is resolved amicably prior to the return day, the

motion shall either be withdrawn or a stipulated order shall be

submitted to the Family Discovery Master for submission to the

signing Judge. If the motion is not resolved amicably prior to the

return day, the parties shall appear, on the date and at the place

specied in the Rule accompanying the motion, for argument

before the Family Discovery Master. Should the moving party

fail to appear, the motion shall be dismissed. Briefs in support of

and in opposition to the motion may be submitted to the Family

Discovery Master not less than two days prior to the day sched-

uled for argument before the Family Discovery Master.

6. After hearing arguments and upon consideration of the motion

and answer, and any briefs led, the Family Discovery Master

shall submit a written recommendation and proposed order to the

Judge assigned to the case for entry of an appropriate order.

7. This rule does not apply to motions for sanctions.

03_2018 Montgomery Civil.indd 58 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Rule 4019.1*

Editor’s note: Adopted June 23, 1997, effective August 11, 1997.

Amended March 15, 1999, effective 30 days after publication in the Pennsyl-

vania Bulletin. Amended June 29, 1999, effective 30 days after publication in the

Pennsylvania Bulletin.

Court Administrator’s note: Effective August 12, 1997, all motions “re-

specting discovery” in family cases are subject to the provisions of Mont gomery

County Local Rule 4019.1*—Family Discovery Master. Motions respecting dis-

covery in family cases are to be led in the Prothonotary’s Ofce and forwarded

directly to the Family Discovery Master for a rule returnable and argument date.

The Masters in Equitable Distribution and the Support Confer ence Ofcers

have been appointed to serve as Family Discovery Masters.

The rule returnable and argument shall be at 1 p.m. on the rst Wednes-

day following the 30th day subsequent to the ling of the motion in a hearing

room located at 321 Swede Street, Norristown. After hearing argu ment and

upon consideration of the motion and answer, the Family Discovery Master shall

submit a written recommendation and proposed order to the Judge assigned to

the case.

A revised Cover Sheet of Moving Party is to be used effective August 12,

1997.—John D. Dunmire, Esq., Court Administrator, July 1997.

See Forms Index

03_2018 Montgomery Civil.indd 59 3/26/2018 8:06:45 PM

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Montgomery County

Local Rules of

Civil Procedure

Administrative Orders

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Montgomery Civil Court Rules Administrative Orders

Live Scan Processing Fee;

Misc. 134 January 02

Administrative Order

And Now, this 4th day of February, 2002, effective immedi ately,

the Clerk of Courts is directed to assess a one-hundred-fty-dollar

($150.00) Live Scan Processing Fee against any defendant who was

processed at a Live Scan site in Montgomery County on or after the

effective date of this Order and is either:

1. convicted of any misdemeanor or felony upon their en-

try of a plea of guilty or nolo contendere, or after a guilty verdict

at trial; or

2. admitted to the Accelerated Rehabilitative Disposition

(ARD) program.

The rst $35,000 of the Live Scan Processing Fee, collected

pursuant to this Order, shall go directly to the County of Montgom ery

to offset the cost of installation of the video conferencing equip ment

associated therewith. Thereafter, the Live Scan Processing Fee shall

be divided as follows: one-third ($50) to the County of Mont gomery,

two-thirds ($100) to the municipality supporting the Live Scan facility.

By the Court

S. GERALD CORSO,

President Judge

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Administrative Orders Montgomery Civil Court Rules

Custody Mediation Advisory Panel Pursuant

to Local Rule of Civil Procedure *1940.10;

Administrative Order 2000

Order

And Now, this 26th day of April 1, 2000, pursuant to Mont-

gomery County Local Rule of Civil Procedure *1940.10, the Court

hereby directs that the Advisory Panel to the Custody Mediation Ori-

entation Program shall be comprised of the following members:

— the Montgomery County District Court Administrator;

— the Co-Chairs of the Montgomery Bar Association’s Family

Law Section Mediation Sub-Committee;

— two (2) active members of the Montgomery Bar, and

— two (2) “mental health professionals.”

The names of the two active members of the Bar and the two

mental health professionals shall be submitted to the Court for

approval each year by the Mediation Subcommittee Co-Chairs.

The Court Administrator is directed to publish this Order once in

the Montgomery County Law Reporter and in the Legal Intelli gencer.

In conformity with Pa.R.C.P. 239, seven (7) certied copies of the

within Order shall be led by the Court Administrator with the

Administrative Ofce of Pennsylvania Courts. Two (2) certied cop-

ies shall be distributed to the Legislative Reference Bureau for publi-

cation in the Pennsylvania Bulletin. One (1) certied copy shall be

led with the Domestic Relations Rules Committee. One (1) copy

shall be led with the Prothonotary, one (1) copy with the Clerk of

Courts, and (1) copy with the Court Administrator of Montgomery

County, one (1) copy with the Law Library of Montgomery County

and one (1) copy with each Judge of this Court.

By the Court

JOSEPH A. SMYTH,

President Judge

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Montgomery Civil Court Rules Administrative Orders

Local Rule of Civil Procedure Rule 3129.2(b)(1)*

Notice of Sale, Handbills, Written Notice,

Publication; Administrative Order 2000

Order

And Now, this 25th day of July, 2000, it is hereby Ordered that:

With respect to the handbills, and legal publication, the “brief

description” of the property required by Pa.R.C.P. 3129.2(b)(1)

shall consist of the street address, parcel identication number,

and a copy of the legal description of the property.

This Order shall remain in effect until such time as 30 days from

the date of publication in the Pennsylvania Bulletin of Mont gomery

County Local Rule of Civil Procedure 3129.2(b)(1)* — Notice of

Sale, Handbills, Written Notice, Publication.

By the Court

JOSEPH A. SMYTH,

President Judge

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Administrative Orders Montgomery Civil Court Rules

Administrative Order 2011—Mediator

Compensation Pursuant to Local Rule of Civil

Procedure *1940.8; AD 41-2011

Order

And Now, this 27th day of January, 2011, pursuant to

Montgomery County Local Rule of Civil Procedure *1940.8, the

Court hereby establishes the rate of mediator compensation for the

Court’s custody mediation orientation session at two hundred dollars

($200.00). This rate shall be effective March 1, 2011, and shall remain

in effect until further Order of this Court.

By the Court

RICHARD J. HODGSON,

President Judge

03_2018 Montgomery Civil.indd 66 3/26/2018 8:06:45 PM

Montgomery Civil Court Rules Administrative Orders

Administrative Order 2013—

Prothonotary’s Ofce-Fee Schedule

Order

And Now, to wit, this 12th day of April, 2013, upon consid-

eration of the within Petition to establish new fees presented by

the Prothonotary, Mark Levy, and in accordance with Title 42 P. S.

§ 21042.1 of the Prothonotary Fee Law, it is hereby Ordered and

Decreed that the fee schedule of the Montgomery County Protho-

notary Ofce is amended effective the 1st day of June, 2013. It is

further Ordered and Decreed that the fee schedule of the Mont-

gomery County Prothonotary which is attached to the Petition as

Exhibit “2’’ is hereby approved and adopted effective the 1st day

of June, 2013.

By the Court

WILLIAM J. FURBER,

President Judge

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Administrative Orders Montgomery Civil Court Rules

Appointment of Civil Case Master Pursuant

to Local Rule of Civil Procedure *200.

Trial Readiness; Administrative

Order 2016-00004-0024

[46 Pa.B. 5728]

[Saturday, September 3, 2016]

Order

And Now, this 18th day of August, 2016, pursuant to Montgomery

County Local Rule of Civil Procedure *200—Trial Readiness, the fol-

lowing individual is appointed Civil Case Master for the Montgomery

County Court of Common Pleas: Philip L. Gazan, Esq.

The appointment is effective as of the previous date, and shall

remain in effect until further Order of this Court.

By the Court

WILLIAM J. FURBER, Jr.,

President Judge

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Montgomery Civil Court Rules Administrative Orders

Mortgage Foreclosure Conciliation

Program—Masters; Administrative

Order 2016-00004

[46 Pa.B. 4848]

[Saturday, August 6, 2016]

Memorandum and Order

The Montgomery County Mortgage Foreclosure Conciliation

Program (the “Program’’) was initiated to promote discussion and fa-

cilitate resolution between lenders and owners of certain residential

properties subject to foreclosure proceedings. Since the inception of

the Program, it has been administered and presided over by Judges of

the Court. The Court has determined that it is necessary and appropri-

ate to delegate certain aspects of the Program to the authority of court

appointed Masters. This will permit the Court to continue to address

the large number of cases and to better serve the interests of the parties

involved.

The Masters will be granted the authority to preside over all Pro-

gram proceedings, as well as to act as facilitators in the exchange of

documentation, the modication of terms, or, some other resolution of

the litigation. The Masters may authorize the continuance of matters to

allow for additional time for appropriate reasons. When appropriate,

the Masters may prepare recommendations on the form of proposed

Orders for review by the Judge or Judges assigned to preside over the

Program.

And Now, this 21st day of July, 2016, following a review of

qualications, it is Ordered that the following individuals are appoint-

ed as Masters to act in accordance with the provisions set forth previ-

ously and to serve until resignation or further Order of this Court:

Rochelle N. Bobman, Esquire, Pamela M. Tobin, Esquire and Berna-

dette A. Kearney, Esquire.

By the Court

WILLIAM J. FURBER, Jr.,

President Judge

03_2018 Montgomery Civil.indd 69 3/26/2018 8:06:46 PM

03_2018 Montgomery Civil.indd 70 3/26/2018 8:06:46 PM

Montgomery County

Civil Court Forms

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03_2018 Montgomery Civil.indd 72 3/26/2018 8:06:46 PM

Montgomery Civil Court Rules Forms

See Rule 14

In Re: Appeal of _______________________________ from the

Decision, Dated _________________________________ , of the

Zoning Hearing Board of the Township/Borough of:

____________________________________________________ .

03_2018 Montgomery Civil.indd 73 3/26/2018 8:06:46 PM

Forms Montgomery Civil Court Rules

See Rule 205.2(b)(2)(a)

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

VS. : NO.

COVER SHEET OF MOVING PARTY

Date of Filing Moving Party

Counsel for Moving Party I.D. No.

Document Filed (Specify)

Matter is: ______ (Appealable) ______ (Interlocutory)

Oral Argument: ______ (Yes) ______ (No) Discovery Needed: ______ (Yes) ______ (No)

---------------------------------------------------------------------------------------------------------------------

CERTIFICATIONS - Check ONLY if appropriate:

______ Counsel certify that they have conferred in a good faith effort to resolve the subject

discovery dispute. (Required by Local Rule 208.2(e) on motions relating to discovery.)

______ Counsel for moving party certifies that the subject civil motion is uncontested by all

parties involved in the case. (If checked, skip Rule to Show Cause section below.)

By: __________________________________________

Counsel for Moving Party

---------------------------------------------------------------------------------------------------------------------

RULE TO SHOW CAUSE - Check ONE of the Choices Listed Below:

______ Respondent is directed to show cause why the moving party is not entitled to the relief

requested by filing an answer in the form of a written response at the Office of the

Prothonotary on or before the day of 20___.

Respondent is directed to show cause, in the form of a written response, why the

attached Family Court Discovery Motion is not entitled to the relief requested. Rule

Returnable and Argument the day of , 20___

at 1:00 p.m. at 321 Swede Street, Norristown, Pa.

Respondent is directed to file a written response in conformity with the Pennsylvania

Rules of Civil Procedure.

______ Rule Returnable at time of trial.

By: __________________________________________

Court Administrator

9/12

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Montgomery Civil Court Rules Forms

Nature of the Case:

Place an “X” to the left of the ONE case category that most accurately describes your

PRIMARY CASE. If you are making more than one type of claim, check the one that

you consider most important.

CONTRACT

(do not include Judgments)

 Buyer Plaintiff

 Debt Collection: Credit Card

 Debt Collection: Other

________________________

 Employment Dispute:

Discrimination

 Employment Dispute: Other

________________________

 Other:

________________________

REAL PROPERTY

 Ejectment

 Eminent Domain/Condemnation

 Ground Rent

 Landlord/Tenant Dispute

 Mortgage Foreclosure: Residential

 Mortgage Foreclosure: Commercial

 Partition

 Quiet Title

 Other:

________________________

CIVIL APPEALS

Administrative Agencies

 Board of Assessment

 Board of Elections

 Dept. of Transportation

 Statutory Appeal: Other

_________________________

 Zoning Board

 Other:

_________________________

MISCELLANEOUS

 Common Law/Statutory Arbitration

 Declaratory Judgment

 Mandamus

 Non-Domestic Relations

Restraining Order

 Quo Warranto

 Replevin

 Other:

_________________________

TORT

(do not include Mass Tort)

 Intentional

 Malicious Prosecution

 Motor Vehicle

 Nuisance

 Premises Liability

 Product Liability (does not include

mass tort)

 Slander/Libel/ Defamation

 Other:

_________________________

PROFESSIONAL LIABLITY

 Dental

 Legal

 Medical

 Other Professional:

_________________________

MASS TORT

 Asbestos

 Tobacco

 Toxic Tort - DES

 Toxic Tort - Implant

 Toxic Waste

 Other:

_________________________

SupremeCourtofPennsylvania

Court of Common Pleas

Civil Cover Sheet

_______________________________ County

Updated 1/1/2011

For Prothonotary Use Only:

Docket No:

The information collected on this form is used solely for court administration purposes. This form does not

supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.

Name of Plaintiff/Appellant’s Attorney: _____________________________________________________________________

Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)

Commencement of Action:

 Complaint  Writ of Summons  Petition

 Transfer from Another Jurisdiction  Declaration of Taking

Are money damages requested?  Yes  No

Is this a Class Action Suit?  Yes  No Is this an MDJ Appeal?  Yes  No

Lead Plaintiff’s Name:

Lead Defendant’s Name:

Dollar Amount Requested:

(check one)

 within arbitration limits

 outside arbitration limits

03_2018 Montgomery Civil.indd 75 3/26/2018 8:06:46 PM

Forms Montgomery Civil Court Rules

NOTICE

Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:

Rule 205.5. Cover Sheet

(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except

the following:

(i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.

(ii) actions for support, Rules 1910.1 et seq.

(iii) actions for custody, partial custody and visitation of minor children, Rules

1915.1 et seq.

(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.

(v) actions in domestic relations generally, including paternity actions, Rules

1930.1 et seq.

(vi) voluntary mediation in custody actions, Rules 1940.1 et seq.

(2) At the commencement of any action, the party initiating the action shall complete

the cover sheet set forth in subdivision (e) and file it with the prothonotary.

(b) The prothonotary shall not accept a filing commencing an action without a

completed cover sheet.

(d) A judicial district which has implemented an electronic filing system pursuant to

Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the

provisions of this rule.

(e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural

Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be

published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us.

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Montgomery Civil Court Rules Forms

Rule 205.2(b)(2)(b)

07/26/04

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL DIVISION

VS. : NO.

COVER SHEET OF RESPONDENT

Date of Filing _________________ Respondent _____________________________________

Counsel for Respondent

I.D. No.

Document Filed (Specify)

RULE RETURN DATE of Related Motion __________________________

Matter is (Check One)

(Appealable) (Interlocutory)

Oral Argument ______ (Yes) ______ (No)

---------------------------------------------------------------------------------------------------------------------

Respondent Requires (Specify Reason Only if Interlocutory) :

DISCOVERY

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Forms Montgomery Civil Court Rules

IN THE COURT OF COMMON PLEAS OF

MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

VS. : NO.

ORDER

AND NOW, this ____ day of __________________, 200__,

upon consideration of the attached Petition, it is hereby ORDERED

that:

(1) A rule is issued upon the Respondent to show cause why the

Petitioner is not entitled to the relief requested;

(2) The Respondent shall le an answer to the Petition within

twenty (20) days of service upon the Respondent;

(3) The Petition shall be decided under Pa.R.C.P. No. 206.7;

(4) Discovery related to the Petition shall be completed within

sixty (60) days from the date of ling of Respondent’s answer.

BY THE COURT:

______________________________

Court Administrator

See Rule 206.4(c)(1)

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Montgomery Civil Court Rules Forms

See Rule 206.4(c)(2); Rule 1028(c);

Rule 1034(a); Rule 1035.2(a)

IN THE COURT OF COMMON PLEAS OF

MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

VS. : NO.

ARGUMENT PRAECIPE

Please submit the following matter to the designated Judge

for disposition:

[ ] INTERLOCUTORY matter:

(Specify) _______________________________________

(Name of Moving Party) ___________________________

[ ] APPEALABLE matter:

(Specify) _______________________________________

(Name of Moving Party) ___________________________

ORAL ARGUMENT: [ ] Requested [ ] Waived

[ ] NO ANSWER FILED–(for petitions governed by Rule 206.1

ONLY)–Petitioner certies that the time period for response

to the above petition, as directed in the proposed order

attached to the petition, has expired, and that no answer was

led to the subject petition. Accordingly, peti tioner requests

the court to consider the petition without the need for briefs,

and enter an appropriate order in accordance with Rule

206.7(a).

______________________________

Signature of Filing Party

______________________________

Name Typed and Attorney I.D. #

______________________________

Phone Number

NOTE: Briefs or Memorandums to be led with the Prothonotary.

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Forms Montgomery Civil Court Rules

See Rule 208.3(b)(2)

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

Plaintiff

vs. No.:

Defendant

CERTIFICATE OF SERVICE

I certify that on , 20 , a true copy of the

foregoing has been served upon:

Manner of Service:

Regular First Class Mail

Certified Mail

Other (specify) :

Signed:

Dated:

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Montgomery Civil Court Rules Forms

See Rule 208.3(b)(5)

IN THE COURT OF COMMON PLEAS OF

MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

VS. : NO.

ARGUMENT PRAECIPE

Please submit the following matter to the designated Judge

for disposition:

[ ] INTERLOCUTORY matter:

(Specify) _______________________________________

(Name of Moving Party) ___________________________

[ ] APPEALABLE matter:

(Specify) _______________________________________

(Name of Moving Party) ___________________________

ORAL ARGUMENT: [ ] Requested [ ] Waived

[ ] NO ANSWER FILED–(for petitions governed by Rule 206.1

ONLY)–Petitioner certies that the time period for response

to the above petition, as directed in the proposed order

attached to the petition, has expired, and that no answer was

led to the subject petition. Accordingly, peti tioner requests

the court to consider the petition without the need for briefs,

and enter an appropriate order in accordance with Rule

206.7(a).

______________________________

Signature of Filing Party

______________________________

Name Typed and Attorney I.D. #

______________________________

Phone Number

NOTE: Briefs or Memorandums to be led with the Prothonotary.

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Forms Montgomery Civil Court Rules

See Rule 1041.1*e

[Caption]

PRAECIPE TO TRANSFER INACTIVE STATUS

TO THE PROTHONOTARY:

Transfer the above-captioned matter to inactive status in ac-

cordance with Montgomery County Local Rule of Civil Proce dure

1041.1*(e).

______________________________

Attorney for Plaintiff

[Certicate of Service]*

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Montgomery Civil Court Rules Forms

See Rule 1041.1*.

ORDER

AND NOW, this _______ day of ____________________,

20____, IT IS ORDERED that the above-captioned mattered is

transferred to inactive status in accordance with Montgomery

County Local Rule of Civil Procedure 1041.1*(e).

BY THE COURT:

______________________________

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Forms Montgomery Civil Court Rules

See Rule 1854

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

FAMILY COURT COVER SHEET

NO: __________________________________

________________________________ ID: ___________

Attorney for Plaintiff OR Pro Se Party

VS.

________________________________ ID: ___________

Phone Number(s)

________________________________ ID: ___________

Attorney for Defendant OR Pro Se Party

________________________________ ID: ___________

Phone Number(s)

AVERMENT OF CONSOLIDATION

On the space below, please provide the docket number of all other companion cases associated with

this case (including any closed files involving the same party-litigants) that related to:

1. Divorce Annulment ___________________ 2. Support _____________________

3. Equitable Distribution _________________ 4. Paternity ____________________

5. Custody/Visitation ____________________ 6. Special Relief ________________

7. Outstanding/Temporary/Final Protection from Abuse Order ____________________________

I certify that the information provided above is comprehensive and complete to the best of my

knowledge and that I have formally entered my appearance for the case captioned above:

BY: __________________________________________

PRIF0019

R 10/11

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Montgomery Civil Court Rules Forms

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

EMERGENCY FAMILY COURT COVER SHEET

Every Emergency Petition is sent directly to the Judge assigned to the case, by the Court Administrator’s Office, after

service has been made. THE JUDGE WILL DECIDE WHETHER THIS IS AN EMERGENCY OR WHETHER THE

MATTER WILL BE HEARD IN DUE COURSE. If the Judge deems the matter is an emergency, a conference, hearing or

argument will be scheduled. To expedite this process, please complete all requested information, including telephone

numbers of all parties named in the captions or their attorney’s names and phone numbers.

SERVICE: The party initiating the Emergency Petition must (1) serve the other side with a TIME STAMPED copy

before the petition will go to the Judge, (2) fax a copy of the Certificate of Service to: Family Court, Court Administration,

(610) 292-2027, and (3) mail the original Certificate of Service to the Prothonotary.

CASE NUMBER:

_____________________________ID: ___________

Attorney for Plaintiff OR Pro se Party

___________________________________________

Phone Number(s)

VS.

_____________________________ID: ___________

Attorney for Defendant OR Pro se Party

___________________________________________

Phone Number(s)

THE FILING PARTY HEREBY CERTIFIES THAT HE/SHE HAS MADE A GOOD FAITH EFFORT TO

RESOLVE THIS MATTER PRIOR TO THE FILING OF THE ATTACHED EMERGENCY PETITION.

NOTE

- COURT ADMINISTRATION WILL NOT PROCESS THIS PETITION UNLESS THIS BOX IS CHECKED.

O R D E R

AND NOW, this ___________day of ________________________________, 20______,

Designated Judge ____________________________________ has deemed this petition:

is an emergency, and has scheduled a conference/hearing/argument for ________________________

is an emergency, and orders __________________________________________________________

___________________________________________________________________________________

is not an emergency, and Court Administration is directed to schedule this in due course.

is to be scheduled for an expedited Custody Conciliation Conference.

other:____________________________________________________________________________

___________________________________________________________________________________

BY THE COURT:

___________________________________________

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Forms Montgomery Civil Court Rules

See Rule 1920.33*(f)(1)(e)

Gross income (indicated how paid,

weekly, bi-weekly, etc.) $ ________________

Federal tax $ ________________

FICA $ ________________

Medicare tax $ ________________

State tax $ ________________

Local tax $ ________________

Net income $ ________________

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Montgomery Civil Court Rules Forms

See Rule 1920.33*(f)(4)

STATEMENT OF MONTHLY EXPENSES

1. HOME EXPENSES

A. Rent or home loan payment

(including any assessment or maintenance fee)$_________

B. Real estate taxes

(if not included in A) $_________

C. Utilities:

Electricity $_________

Gas $_________

Water $_________

Telephone $_________

Oil $_________

Other (specify) $_________

D. Home maintenance (repairs and upkeep) $_________

2. OTHER EXPENSES

A. Alimony or spousal support $_________

B. Child support $_________

C. Insurance (not deducted from wages) $_________

Life $_________

Health $_________

Auto $_________

Homeowners or renters $_________

Other (specify) $_________

D. Installment payments:

Auto $_________

Other (specify) ___________________ $_________

E. Education (tuition and books) $_________

F. Medical, dental and medicine

(not covered by insurance) $_________

G. Other extraordinary expenses (specify) $_________

TOTAL ESTIMATED CURRENT

MONTHLY EXPENSES $_________

I verify that the information contained in the foregoing

statement of monthly expenses is true and correct. I understand

that false statements herein are made subject to the penalties of 18

Pa.C.S. §4904, relating to unsworn falsication to authorities.

________________ _________________

Date Signature

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Forms Montgomery Civil Court Rules

See Rule 1920.42(d)*(3)

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

CIVIL ACTION-DIVORCE

: CASE NO.

v. : IN DIVORCE

VERIFICATION OF DEFENDANT’S SIGNATURE

I, , hereby state that I am the Plaintiff in the

above-captioned divorce matter, that I am familiar with the signature of Defendant, and that the

signature that appears on the following document(s) is that of the Defendant.

Check all that apply:

Acceptance of Service of the Divorce Complaint

Signature on Certified Mail Receipt

Property Settlement Agreement dated ______________________ (insert date)

Affidavit of Consent under Section 3301(c) of the Divorce Code

Affidavit under Section 3301(d) of the Divorce Code

Counter-affidavit under Section 3301(c) or 3301(d) of the Divorce Code (circle the

applicable section)

Waiver of Notice of Intention to Transmit the Record

Other (if this section applies, list the document(s)):

I verify that the statements made in this Verification of Defendant’s Signature are true and correct

to the best of my knowledge and belief. I understand that false statements made herein are

subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date:

Signature of Plaintiff

PRIF0069

R 10/11

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Montgomery Civil Court Rules Forms

See Rule 1920.73(c)(1)(c)

IN THE COURT OF COMMON PLEAS OF MONTGOMERY

COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

__________________________________________

NO: ______________________

VS.

__________________________________________IN

DIVORCE

PRAECIPE TO TRANSMIT RECORD

To the Prothonotary:

Transmit the record, together with the following information, to

the court for entry of a divorce decree.

1. Ground for divorce: irretrievable breakdown under §(3301(c))

(3301(d)(1)) of the Divorce Code. (Strike out inapplicable

section)

2. Date and manner of service of the complaint: _____________

_____________________________.

3. (Complete either paragraph (a) or (b).)

(a) Date of the execution of the Afdavit of Consent required by

§3301(c) of the Divorce Code:

by plaintiff ________________________________________;

by defendant ______________________________________.

(b) (1) Date of execution of the Afdavit required by §3301(d) of

the Divorce Code:

_______________________________.

(2) Date of ling and service of the plaintiff’s Afdavit upon the

respondent:

__________________________________.

4. Related claims pending: _____________________________

_______________________________

__________________________________________________

______________________________.

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Forms Montgomery Civil Court Rules

5. (Complete either (a) or (b).)

(a) Date and manner of service of the notice of intention to le

Praecipe to Transmit Record, a

copy of which is attach

ed:_____________________________________________

_______.

(b) Date plaintiff’s Waiver of Notice was led with the Prothono-

tary: ___________________.

Date defendant’s Waiver of Notice was led with the Prothono-

tary: __________________.

16. The following is requested:

Decree in Divorce with property settlement agreement attached.

Decree in Divorce with no other relief granted.

____________________________________________

Attorney for (plaintiff)(defendant) OR Pro se

_____________________________________________

Print Name and I.D. Number

_____________________________________________

Telephone Number

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Montgomery Civil Court Rules Forms

IN THE COURT OF COMMON PLEAS OF MONTGOM-

ERY COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

__________________________________________ NO:

______________________

VS.

__________________________________________ IN DI-

VORCE

PRAECIPE TO TRANSMIT RECORD

MOTION FOR ENTRY OF GROUNDS ORDER AND AP-

POINTMENT OF

EQUITABLE DISTRIBUTION MASTER

TO THE PROTHONOTARY:

Transmit the record, together with the following information,

to the court for entry of the requested Order. Listed below are

the names of all trial counsel. Moving party hereby certies

that the Moving party’s Discovery, including asset and liability

values as of today’s date, is completed. The Moving party’s Ini-

tial Hearing Statement, which includes a completed Inventory

and Appraisal, pursuant to Local Rule 1920.33(f), is attached

hereto. The Non-Moving party shall certify that their discovery

is complete within forty-ve (45) days from the date of service

of this Motion by including asset and liability values as of the

date of certication by the Non-Moving party. The Non-Mov-

ing party shall attach an Initial Hearing Statement, which in-

cludes a completed Inventory and Appraisal, pursuant to Local

Rule 1920.33(f), to said Certication. Agreement of counsel/

parties to continue discovery after the ling of this Motion

shall not be recognized by the Court as grounds for the continu-

ance of any proceedings before the Equitable Distribution

Master.

1. Grounds for divorce: irretrievable breakdown under

§(3301(c)) (3301(d)(1)) of the Divorce Code. (Strike out

inapplicable section)

See Rule 1920.73(c)(2)(c)

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Forms Montgomery Civil Court Rules

2. Date and manner of service of the complaint: ____________

______________________________.

3. Complete either paragraph (a) or (b).

(a) Date of the execution of the Afdavit of Consent required

by §3301(c) of the Divorce Code:

by plaintiff ____________________________________;

by defendant ______________________________________.

(b) (1) Date of execution of the Afdavit required by §3301(d)

of the Divorce Code:

_______________________________.

(2) Date of ling and service of the plaintiff’s Afdavit upon

the respondent:

__________________________________.

4. Related claims pending: ____________________________

_________________________________

_________________________________________________

________________________________

5. (Complete either (a) or (b).)

(a) Date and manner of service of the notice of intention to le

Praecipe to Transmit Record, a

copy of which is attach

ed:___________________________________________

_________.

(b) Date plaintiff’s Waiver of Notice was led with the Protho-

notary: ___________________.

Date defendant’s Waiver of Notice was led with the Protho-

notary: ___________________.

6. The following is requested:

Bifurcated Decree in divorce with the Court to retain jurisdic-

tion over the unresolved claims

which shall be referred to the Ofce of the Equitable Distribu-

tion Master. Stipulation or Order

to bifurcate is attached.

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Montgomery Civil Court Rules Forms

Order approving grounds for divorce and referring unresolved

claims to the Ofce of the

Equitable Distribution Master.

Decree in divorce deferred.

7. Required Fee. Included with this Motion is a check made

payable to: The Prothonotary, for the

appointment of an Equitable Distribution Master, in the amount

of $____________________

____________________________________________

Attorney for (plaintiff)(defendant) OR Pro Se

_____________________________________________

Print Name and I.D. Number

_____________________________________________

Telephone Number

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Forms Montgomery Civil Court Rules

See Rule 2039(a)

IN THE COURT OF COMMON PLEAS OF MONTGOM-

ERY COUNTY, PENNSYLVANIA

CIVIL DIVISION – LAW

__________________________________ :

VS. : NO.

_____________________________________ :

AFFIDAVIT OF DEPOSIT OF MINOR’S FUNDS

I, _________________________________ being duly sworn

according to law depose and say:

1. I am employed by ________________________________

as ________________________________.

(Name of bank or authorized depository)

2. I am authorized to make this afdavit on behalf of ________

________________________.

(Name of

bank or authorized depository)

3. On ________________________ the sum of $ ___________

_____________________ was deposited by

_______________________________ in an insured, interest-

bearing Savings Account/Certicate of Deposit

No. ________________________ pursuant to Order of Court

dated ___________________________ to File

No. ________________________.

4. Account/Certicate No. ________________________ is en-

titled ________________________________.

5. The express prohibition of withdrawals of income or princi-

pal prior to ____________________________ without FURTHER

ORDER OF COURT has been noted on the depository’s records and

on the passbook/certicate.

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Montgomery Civil Court Rules Forms

_________________________________________

Signature

__________________________________________

Print Name/Title

__________________________________________

Address

Sworn to and subscribed before me

this day of , 20

___________________________

Notary Public

THIS AFFIDAVIT SHALL BE FILED IN THE OFFICE OF

THE PROTHONOTARY, MONTGOMERY COUNTY COURT-

HOUSE, SWEDE AND AIRY STREETS, NORRISTOWN,

PENNSYLVANIA WITHIN THIRTY (30) DAYS OF THE DATE

OF THE ORDER OF COURT.

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Forms Montgomery Civil Court Rules

See Rule 2974

NOTICE OF CONFESSED JUDGMENT

AND EVICTION FROM RESIDENTIAL PROPERTY

This paper is a Writ of Possession. It has been issued because

a judgment of possession has been entered against you. It may cause

you to be evicted from your home or apartment. You may have legal

rights to prevent your eviction. A lawyer can advise you more

specifically of these rights. If you wish to exercise your rights, you

must act promptly. You may contest or attack this judgment by

filing a Petition to Strike and/or Open Judgment with the

Prothonotary of the Montgomery County Court of Common Pleas

within 20 days from the date that this notice is served upon you. In

your Petition you may assert any rights which you may have under

Pa.R.C.P. 2959 or 3162.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER

AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT

AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET

FORTH BELOW TO FIND OUT WHERE YOU CAN GET

LEGAL HELP.

Montgomery Bar Association

Lawyers Reference Service

100 W. Airy Street

Norristown, PA 19401

(610) 279-9660

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Montgomery Civil Court Rules Forms

See Rule 4015

IN THE COURT OF COMMON PLEAS OF

MONTGOMERY COUNTY, PENNSYLVANIA

To the Appropriate Judicial Authority in

___________________________________________________

Whereas a certain suit is pending before us, in which A.B. is

plaintiff and C.D. is defendant, and it has been suggested to us that

there are witnesses residing within your jurisdiction, without

whose testimony justice cannot completely be done between the

said parties; we, therefore, request that, in furtherance of justice,

you will, by the proper and usual process of your court, cause such

witness or witnesses as shall be named or pointed out to you by the

said parties, or either of them, to appear before you or some

competent person by you for that purpose to be appointed and

authorized, at a time and place by you to be xed, and there to

answer on their oaths or afrmations, to the several interroga tories

hereunto annexed; and that you will cause their testimony to be

committed to writing, and returned to us under cover duly closed

and sealed, together with these presents; and we shall be ready and

willing to do the same for you in a similar case when required.

Witness, etc.

03_2018 Montgomery Civil.indd 97 3/26/2018 8:06:47 PM

Forms Montgomery Civil Court Rules

See Rule 4019* and 4019.1*

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

VS. : NO.

COVER SHEET OF MOVING PARTY

Date of Filing Moving Party

Counsel for Moving Party I.D. No.

Document Filed (Specify)

Matter is: ______ (Appealable) ______ (Interlocutory)

Oral Argument: ______ (Yes) ______ (No) Discovery Needed: ______ (Yes) ______ (No)

---------------------------------------------------------------------------------------------------------------------

CERTIFICATIONS - Check ONLY if appropriate:

______ Counsel certify that they have conferred in a good faith effort to resolve the subject

discovery dispute. (Required by Local Rule 208.2(e) on motions relating to discovery.)

______ Counsel for moving party certifies that the subject civil motion is uncontested by all

parties involved in the case. (If checked, skip Rule to Show Cause section below.)

By: __________________________________________

Counsel for Moving Party

---------------------------------------------------------------------------------------------------------------------

RULE TO SHOW CAUSE - Check ONE of the Choices Listed Below:

______ Respondent is directed to show cause why the moving party is not entitled to the relief

requested by filing an answer in the form of a written response at the Office of the

Prothonotary on or before the day of 20___.

Respondent is directed to show cause, in the form of a written response, why the

attached Family Court Discovery Motion is not entitled to the relief requested. Rule

Returnable and Argument the day of , 20___

at 1:00 p.m. at 321 Swede Street, Norristown, Pa.

Respondent is directed to file a written response in conformity with the Pennsylvania

Rules of Civil Procedure.

______ Rule Returnable at time of trial.

By: __________________________________________

Court Administrator

9/12

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Montgomery County

Civil and Family Index

03_2018 Montgomery Civil.indd 99 3/26/2018 8:06:47 PM

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Montgomery Civil Court Rules Index

101

Civil and Family Division Index

References are to Rule Numbers

ACCOUNTS OF FIDUCIARIES

Notice ..........................................1534*

APPEALS

Board of Assessment appeal .......................... *920

From zoning hearing board decision ...................... 14

Intervenors, zoning or real estate assessment appeal ....2232(c)*

APPRAISAL REPORTS

Board of Assessment appeal ........................... 920

ARBITRATION

Appointment to board ..............................1302*

Award ..........................................1306*

Compensation of arbitrators .........................1302*

Hearing; notice ....................................1303

List of arbitrators .................................1302*

Scope ..........................................1301*

ARGUMENT COURT

Appealable matters ................................. *302

Asbestos litigation—special provisions ...............1041.1*

Cover sheet, form of ................................*303

Interlocutory matters ...............................*301

ASBESTOS LITIGATION

Special provisions ...............................1041.1*

ATTACHMENT EXECUTION

Security for costs ..................................*902

ATTORNEYS

Entry or withdrawal of appearance .................... 1012*

Minors, compromise settlement ....................2039(a)*

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Index Montgomery Civil Court Rules

102

BRIEFS

Argument court, appealable matters ....................*302

Argument court, interlocutory matters ..................*301

COSTS

Bill of costs ........................................903

Security for costs ..................................*902

COURT ADMINISTRATOR

Computer Scheduling Program ......................1012*

CUSTODY AND VISITATION

Physical or mental examination ...................1915.8(e)*

Seminar for separated or divorced parents .............1915.3*

DISCONTINUANCES

Divorce cases .................................229(a)*(1)

DISCOVERY

Asbestos litigation ...............................1041.1*

Board of Assessment appeal ........................... 920

Deposition by telephone .........................4007.1*(f)

Discovery after certication ...................... 212.1*(d)

Discovery Master Program ..........................4019*

Family Discovery Master Program ...................4019.1*

Letters rogatory, form of application ..................4015*

Motion respecting discovery ........................4019*

Motion respecting discovery, family master ............4019.1*

Protective orders, depositions, place for taking .......... 4012*

DIVORCE OR ANNULMENT OF MARRIAGE

Afdavit as to military service, inability to le .......1920.51*(f)

Appointment of counsel, defendant in military. . . . . . .1920.51*(f)

Appointment of master .........................1920.51*(f)

Child support or alimony pendente lite ............. 1920.3*(b)

Discontinuance of case ..........................229(a)*(1)

Divorce papers under seal .......................1920.51*(f)

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Montgomery Civil Court Rules Index

103

Duplicate ling with domestic relations ofce ...... 1920.13*(d)

Family Discovery Master Program ...................4019.1*

Fees and costs ................................1920.51*(f)

Initial hearing statement ........................1920.33*(f)

Notice of ling master’s report ...................1920.51*(f)

Notice of hearing .............................1920.51*(f)

Notice of intention to request entry of divorce decree ..1920.73(c)

Pre-trial statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . .1920.33*(f)

Sanctions ...................................1920.33*(f)

Seminar for separated or divorced parents .............1915.3*

EMINENT DOMAIN

Procedure in general ................................*953

EQUITY ACTIONS

Non-jury trial .....................................*271

Notice by assignees and receivers ................... 1533*(i)

FAMILY COURT

See also Custody and Visitation; Divorce; Support Actions

Cover sheet required ...............................*1854

Family Discovery Master Program ...................4019.1*

FIDUCIARIES

Account of duciary — notice .......................1534*

FILING OF PAPERS

Electronic Filing ..................................*205.4

Petitions, etc., raising appealable matters ................*302

Petitions, etc., raising interlocutory matters ..............*301

INACTIVE STATUS

Transfer to, asbestos litigation ......................1041.1*

INTERVENTION

Zoning or real estate assessment appeal ..............2232(c)*

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Index Montgomery Civil Court Rules

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JOINDER

Defective joinder, change of parties, notice ...........2232(a)*

JUDGMENTS

Form of judgment, writ of possession ................1066(b)*

Levy, denial of entry to premises ..............3118(a)(6)*(A)

Praecipe for writ of execution ........................3251*

Satisfaction of .....................................*910

Schedule of distribution, exceptions to .............3136*(e)(1)

Sheriff’s determination of claimant’s title, hearing ........3204*

Sheriff’s return, before acknowledgment of deed ......... 3135*

Sheriff’s return, time limit ......................3139(a)(2)*

Writ of possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2974*

LANDLORD-TENANT

Appeals ...................................... 1008*(D)

LAWYER REFERENCE SERVICE

Notice to defend — ofce to be contacted .............1018.1*

MEDICAL-MONITORING CLAIMS

Asbestos litigation — special provisions ..............1041.1*

MINORS

Compromise, settlement,

discontinuance and distribution ..................2039(a)*

MONTGOMERY COUNTY LAW REPORTER

Legal periodical for publication of notices ...........430(b)(1)*

Service by publication ..........................430(b)(1)*

MOTIONS AND RULES