Rule 206.4(c) - Procedures for the Disposition of Petitions(1) Scope. This local rule describes the procedures for an application to strike and/or open a default judgment or a judgment of non-pros governed by Pa.R.Civ.P. 206.1, et seq.
Note: This court has not promulgated a local rule, numbered Local 206.1(a)(2), which provides for any other application to be governed by 206.1, et seq.
(2) General Docket and Arbitration Docket Cases - Striking and/or Opening a Default Judgment or a Judgment of Non-Pros. (a) A petition to strike and/or open a default judgment or a judgment of non-pros shall be presented to the General Motions Judge. It may be presented only after service of a copy of the petition and notice of the date of presentation on all other parties. Except in cases of emergency or with the consent of all other parties, the date of presentation shall be at least ten (10) days after service of a copy of the petition and notice of the date of presentation. Note: The court does not schedule the date and time of presentation. The petitioner selects a date and time at which the General Motions Judge is hearing motions and petitions. See Civil Division link on the Website of the Common Pleas Court of Allegheny County (www.alleghenycourts.us) for the name and courtroom of the judge who is sitting as the General Motions Judge and the times that matters which have not been scheduled with the court may be presented. Ordinarily, unscheduled matters may be presented each day at 9:30 A.M. and 1:30 P.M.
If the case is on the trial list, the petition shall be presented to the Calendar Control Judge. See Local 208.3(a)(3).
(b) If, upon presentation of the petition, a rule to show cause is entered, the court order issuing the rule shall set the time within which the answer to the petition shall be filed and the time within which depositions shall be completed. If the court order does not set an argument date, at any time after the date by which the depositions were to be completed, any party may order the cause for argument before the General Motions Judge by filing a praecipe to set a date and time for the final argument and transmitting a copy of the praecipe to the following email address: Civilgenmotions@alleghenycourts.us. The Chief Motions Clerk shall notify the moving party of the time and date for the final argument and the moving party shall promptly serve written notice thereof upon all other parties to the proceedings.(c) Depositions and other evidence that a court may consider shall be filed at least fourteen (14) days before the argument date.(d) Briefs are required. The brief of the moving party shall be filed with the Department of Court Records and served on all other parties at least fourteen (14) days prior to the argument. The brief of the party opposing the petition shall be filed at least seven (7) days prior to the argument.(3) Housing Court Cases - Striking and/or Opening Default Judgments and Judgments of Non-Pros. (a) All petitions to strike and/or open a default judgment or a judgment of non-pros shall be electronically filed pursuant to Local 205.4.(b) The Petitioner must request that the petition be scheduled for oral argument by submitting the petition and a proposed order in Microsoft Word format to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. Once the moving party receives the argument date, the moving party shall immediately serve copies of the petition on all other parties with notice of the date and time of the argument.(c) The Petitioner shall notify a Housing Court Clerk (412-350-4462) if the petition scheduled for argument becomes moot. Otherwise, if the petitioner does not appear on the date of the argument, the court will enter an order dismissing the petition for failure of the moving party to appear.Adopted October 4, 2006, effective 12/4/2006. Amended December 27, 2019, effective 2/19/2020. Adopted11/29/2021, effective 1/11/2022; amended effective 9/13/2022; amended effective 11/13/2023. A form for filing a petition to strike and/or open a default judgment for pro se petitioners is available at the Housing Court Help Desk and on the Fifth Judicial District's website.