Del. Cnty. Pa. 206.1(a)

As amended through July 15, 2018

Rule 206.1(a) - Petition Defmition Form Content

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

The following petitions are scheduled for a hearing upon filing

Petition for adjudication of local agency

Petition for appointment of CPA as auditor

Petition for appointment of private police officer

Petition for appointment of a receiver

Petition for approval of bond

Petition to approve increase in municipal tax levy

Petition for attachment of bank accounts

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

Petition to change school district election districts

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

Petition to disapprove a private sale by the Tax Claim Bureau

Petition to evict

Petition for expunction

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

Petition to issue certificate of title ; Petition for judicial review of revocation of firearms license

Petition to levy taxes exceeding 30 mills for general municipal purposes

Petition nunc pro tunc - license suspension appeal

Petition for objection and exception to upset tax sale

Petition for private detective license

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

Petition for return of firearms

Petition for sale of school district real estate

Petition to sell real estate at private sale

Petition to set aside tax sale of real estate

Petition to set tax millage for police benefits

Petition to stay tax sale

Petition to strike off nomination petition

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

Petition to transfer liquor license

Petition for vehicle registration suspension

The following petitions are referred directly to a Judge.

Petition to direct the Sheriff to relist Sheriffs sale

Petition for emergency relief - stay all proceedings

Petition for emergency relief- stay public sale of real property

Petition for emergency relief- set aside Sheriffs sale

Petition for ex parte writ of seizure

Petition for liquor license appeal

Petition nunc pro tunc - liquor license appeal

Petition to postpone Sheriffs sale

Petition to proceed in forma pauperis

Petition to set aside Sheriffs sale

Petition to stay Sheriffs sale

Petition to stay suspension

Petition for zoning hearing - remand to Hearing Board

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

Petition to amend answer

Petition to amend caption

Petition to amend complaint

Petition to amend new matter

Petition to appoint arbitrator

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

Petition to approve settlement of wrongful death and survival action

Petition to approve disbursement of funds

Petition to approve settlement

Petition for change of venue

Petition to confirm arbitration award

Petition for confirmation of the sale of real property

Petition for contempt

Petition for counsel fees

Petition for counsel fees and costs

Petition to disburse proceeds of escrow fund

Petition to disqualify attorney from representing client

Petition to disqualify the Board of Judges of Delaware County

Petition to dissolve or terminate supersedeas

Petition to enforce settlement ; Petition for interpleader pursuant to Pa.R.Civ.P. 2302

Petition to intervene pursuant to Pa.R.Civ.P. 2328

Petition to issue order of possession

Petition to issue subpoena

Petition to join additional defendant

Petition for leave to join third party

Petition to mark judgment satisfied Petition to merge judgments

Petition nunc pro tunc - appeal from district justice judgment

Petition nunc pro tunc -join additional defendant

Petition to open confessed judgment

Petition to open judgment of non pros

Petition to open order to settle, discontinue and end

Petition to open safe deposit box

Petition to open sealed record

Petition to open and/or strike judgment

Petition to pay judgment in installments

Petition to quash appeal and vacate supersedeas

Petition to quash writ to join additional defendant

Petition for reassessment of damages

Petition to reduce order to judgment

Petition to reinstate appeal

Petition to remand to arbitration modify judgment

Petition to remand for clarification of arbitrator's award

Petition to remove satisfaction and reinstate judgment

Petition to return writ of execution

Petition for settlement of survival action

Petition for stay of execution

Petition to stay mortgage foreclosure

Petition to strike appeal Petition to strike lis pendens

Petition to strike mechanic's lien

Petition to strike non pros Petition to strike and/or set aside garnishment

Petition to strike writ of certiorari

Petition to substitute party

Petition to take depositions

Petition to take depositions for preparation of pleadings

Petition to transfer to major case status

Petition to vacate arbitration award

Petition to vacate judgment

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

Petition to vacate and strike off order to settle, discontinue and end

Petition to withdraw appearance

Petition for writ of habeas corpus

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

(1) Cases not yet assigned to a judge

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

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

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

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

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

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

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

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

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

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

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

(g) Requests for an extension of the 2G-day period in which to respond to a motion must be made in writing to the Court Administrator. The request shall indicate whether or not it is opposed by all other parties. No agreement entered into by the parties to extend the 20-day period shall be honored by the court without written notice to and the consent of the Court Administrator.

(2) Cases assigned to a judge

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

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

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

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

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

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

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

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

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

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

(4) Petition to Change Name.

Except where petitioner is electing to resume a prior surname pursuant to 54 Pa.C.S.A. § 704 (relating to a divorced person), a petition for change of name shall be filed in duplicate and shall be accompanied by a complete set of petitioner's fingerprints to be forwarded by the Office of Judicial Support to the Pennsylvania State Police pursuant to 54 Pa.C.S.A, § 702(b).

Del. Cnty. Pa. 206.1(a)