[34 Pa.B. 4127]
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CIVIL ACTIONS Rule L1018.1 Notice to Defend
The organization to be named in The Notice to Defend from whom legal help can be obtained is:
Mercer County Lawyers Referral Service
c/o Mercer County Bar Association
P. O. BOX 1302
Hermitage, PA 16148
Telephone: (724) 342-3111Rule L1028(c) Preliminary Objections Procedure
(1) Preliminary objections shall be scheduled for Argument Court by the filing of a praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4)
(2) Briefs shall be filed and in the form set forth in L210 and subject to L208.3(b).
Rule L1033 Amendment
Whenever an amended pleading is filed involving more than one paragraph of the original pleading, it shall be a complete pleading and not merely the amendments to the former pleadings. The amended pleading shall clearly indicate that it is an amended pleading and the paragraphs shall be appropriately re-numbered.
Rule L1034(a) Motion for Judgment on the Pleadings Procedure
(1) Motions for judgment on the pleadings shall be scheduled for Argument Court by the filing of a scheduling praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4).
(2) Briefs shall be filed and be in the form set forth L210 and subject to L208.3(b).
Rule L1035.2(a) Motion for Summary Judgment Procedure
(1) Argument on motions for summary judgment shall be scheduled for argument by the filing of a praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4), provided however, no case shall be praeciped for argument until all parties have filed a response or thirty (30) days after filing the motion, whichever occurs first.
(2) Briefs shall be filed and be in the form set forth in L210 and subject to L208.3(b).
ACTION TO QUIET TITLE Rule L1066 Form of Judgments on Order
Any order entered under subsection R.C.P. 1066(b)(1) shall include a description of the property.
ARBITRATION Rule L1301 Scope
All cases which are now or later at issue where the amount in controversy shall be twenty-five thousand dollars ($25,000) or less, exclusive of interest and costs, except those involving title to real estate, shall be submitted to and heard by a board of arbitrators consisting of three (3) members of the Bar in active practice in this county.
Rule L1302 List of Arbitrators. Appointment to Board. Oath.
(a) Upon the filing of a praecipe for arbitration, the Prothonotary shall notify the court administrator who shall thereupon nominate a board of potential arbitrators consisting of three (3) attorneys, plus one (1) attorney for each counsel of record and each unrepresented party. The nomination shall be made from a list of members of the bar qualified to act as arbitrators, which shall be kept by the court administrator. Nomination shall be made in the order of listing, except where attorneys are excused on account of incapacity or illness, or for other reasons herein set forth. Not more than one (1) member of a firm or association of attorneys shall be appointed to the same board and no members of a firm or association of attorneys shall be appointed to a board to hear a case where another member of such firm or association of attorneys is counsel for any of the parties litigant.
(b) The list of attorneys nominated to the potential board shall be sent by the court administrator to the attorney for each party and to each unrepresented party. Each such party may strike off one (1) attorney so named and return the list to the court administrator within five (5) days of receipt. The remaining three (3) attorneys shall constitute the board of arbitration. If both or all parties strike the same name or no name from the list, the first three (3) remaining names will make up the board.
(c) As soon as the court administrator receives the returned list from the parties, or after (5) days if a list is not returned, he shall notify the Prothonotary of the arbitrators selected. The Prothonotary shall, within ten (10) days, notify the arbitrators in writing of their selection.
(d) The first member listed for a board who has been admitted to the practice of law not less than three (3) years shall be chairman of the board and shall be responsible for the setting of the date and place of hearing, for giving notice thereof to opposing counsel and to the Prothonotary, and for the filing of the board's report and award if any. The hearing must be set within sixty (60) days of the appointment of the board.
(e) Once an arbitration hearing is scheduled it may be continued once by the chairperson of the board. There may be no further continuances without leave of Court.
(f) The members of the board shall be sworn as arbitrators before entering upon their duties by a person authorized to administer oaths.
(g) All arbitration hearings shall be held in the Mercer County Courthouse unless otherwise approved by the Court at the request of the chairperson. When the hearing is to be held outside of the Courthouse, the original file shall remain at the Courthouse; and the arbiters and parties shall familiarize themselves with the file and obtain copies thereof as necessary.
Rule L1308 Appeal. Arbitrators' Compensation. Notice
(a) Each member of the Board of Arbitrators shall be paid by the county a fee, as fixed by the court from time to time, for each case heard, upon the filing of the board's report and award, if any.
(b) Upon the filing of the board's report or award, the Prothonotary shall certify to the county commissioners and to the county controller that the report and award, if any, has been filed, together with the names of the members of the board serving in the case, and thereupon the county shall pay the aforesaid fee to each member of the board serving in the case.
(c) In the event a case is settled, compromised or withdrawn after the chairperson has scheduled a hearing and has mailed notice of the arbitration hearing, but before the arbiters are sworn, the chairperson shall receive a $75.00 fee. The other two arbiters shall receive no fee. If the case is settled, compromised or withdrawn after the arbiters are sworn, fees for one-half (1/2) day's service shall be paid to all arbiters. The Board of Arbitration for a case which has been settled, withdrawn or terminated after the arbiters have been appointed but not sworn shall be assigned by the Prothonotary to hear the next case proper for arbitration. In the event an arbiter shall be disqualified from serving on the next case, such disqualified arbiter shall be appointed to a Board of Arbitration upon the first case for which the arbiter is eligible.
(d) The fees payable or paid to the members of the board of arbitrators under these rules shall not be taxed as costs, nor follow the award with other costs.
ACTION FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule L1915.3 Commencement of Action. complaint. Order.
(a) A conference before a court-appointed master shall be held in all cases involving claims for custody, partial custody or visitation. In all cases where the only issue unresolved is partial custody or visitation, a conference will be held before the Court appointed Master pursuant to Pennsylvania Rule of Civil Procedure 1915.4-2 unless either party files written notice prior to the Master's conference requesting a hearing before a Judge.
(1) A motion for the appointment of a Master shall be filed with any pleading which includes a claim for custody, partial custody or visitation. The motion shall be substantially in the form as provided by Pennsylvania Rule of Civil Procedure 1920.74.
(2) No fee shall be assessed for the appointment of a Master to hold a conference on a claim for custody, partial custody or visitation.
(3) The party filing a pleading involving a claim for custody, partial custody or visitation shall obtain from the Master appointed to conduct the conference, the time, date and place of conference for purposes of completing the Order required to be attached to such pleadings by Pennsylvania Rule of Civil Procedure 1915.3.
Rule L1915.26 Notice of Master's Conference
(a) If a party is represented, notice of the Master's conference shall be served on the party by the master by first-class United States mail, postage prepaid, addressed to the party's counsel.
(b) If a party is unrepresented, notice of the Master's conference shall be served on the party by the master by certified United States mail, postage prepaid, addressed to the party's last known address.
(c) A copy of said notice shall be filed with the Prothonotary.
(d) The following language shall be included in all notices of Master's conferences involving custody cases:
YOU ARE HEREBY NOTIFIED THAT A HEARING ON THE ISSUES OF PARTIAL CUSTODY AND/OR VISITATION WILL BE HELD BY THE COURT-APPOINTED MASTER UNLESS YOU REQUEST IN WRITING PRIOR TO THE COMMENCEMENT OF THE MASTER'S CONFERENCE THE MATTER BE HEARD BEFORE A JUDGE. THE FAILURE TO FILE SUCH WRITTEN REQUEST PRIOR TO THE CONFERENCE SHALL BE DEEMED A WAIVER OF YOUR RIGHT TO HAVE THE ISSUES OF PARTIAL CUSTODY AND/OR VISITATION HEARD BY A JUDGE.
A COPY OF THE REQUIRED WRITTEN REQUEST HAS BEEN INCLUDED WITH THIS NOTICE FOR YOUR CONVENIENCE.
(e) The following form shall be included with all notices of Master's conferences involving custody cases:
IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA CIVIL ACTION
Plaintiff : : vs. : No. : Defendant :
REQUEST FOR A HEARING BEFORE A JUDGE (f) I hereby certify that I desire a hearing before a Judge should the only unresolved issue involve either partial custody or visitation for the following reasons: There are complex questions of law, fact, or both.
A hearing on the issue of partial custody or visitation would take longer than one hour. There are serious allegations affecting the child's welfare.
Date: ______ Plaintiff/Defendant
Rule L1915.27 Master's Conference
(a) In the event the parties are able to resolve their differences, the Master shall dictate a proposed order which encompasses the parties' agreement in their presence. Said order shall be submitted to the appointing judge for his consideration.
(b) In the event the parties are unable to resolve their differences in cases involving disputes over primary physical custody, shared physical custody or legal custody, or in cases involving disputes over partial custody and/or visitation where either party has requested, in writing, a hearing by Judge to the commencement of the Master's conference, a hearing date before the appointing Judge shall be set by the Court Administrator. A report shall be prepared by the Master for the Court which, inter alia, shall indicate the relative positions of the parties and the Master's recommendations. Copies of said reports shall be served on the parties in accordance with L1915.26. No exceptions shall be filed to said reports.
(c) In the event the parties are unable to resolve their difference in cases involving disputes over partial custody and/or visitation and neither party has requested in writing, a hearing by a Judge prior to the commencement of the Master's conference, the parties will be deemed to have consented to a hearing before the Court-appointed Master on those issues in accordance with Pennsylvania Rule of Civil Procedure 1915.4-2 and the Master shall schedule a hearing date. The hearing shall be held in accordance with the provisions of Pennsylvania Rule of Civil Procedure 1915.4-2.
(d) A fee of $25 shall be assessed against each party for a Master's Hearing on the issues, of partial custody and/or visitation, however, the fee shall be waived for any party determined to be indigent.
ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE Rule L1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing.
(a) All actions for divorce under Section 3301(a) (b) and (d)(l)(i) of the Divorce Code or for annulment, and all claims for alimony, alimony pendente lite, bifurcation, equitable distribution of marital property, exclusive possession of the marital residence, counsel fees, costs, expenses, or any aspect thereof shall be heard by a master in the absence of a court order to the contrary.
(1) All actions or claims described in Section (a) hereof will not be referred to a master until one of the parties files a motion for the appointment of a master to hear the action(s) and/or claims(s) at issue and pays an amount to be determined by court order, in addition to all other costs provided by law, for the appointment of a master. The motion shall be substantially in the form as provided by Pennsylvania Rule of Civil Procedure 1920.74. The motion shall be filed with the Prothonotary together with the proper fee.
(2) Upon receipt of the proper fee, the Prothonotary shall forward the motion to the court administrator for assignment to a master.
(3) Unless the moving party is granted leave to proceed in forma pauperis, no master will be appointed until the proper fee for the appointment of the master is paid, or the court permits otherwise. If the monies are not forthcoming and there are no other proceedings in the case for a period of two years, the matter will be subject to termination pursuant to Mercer County Local Rule L320.
Rule L1920.53 Hearing by Master. Report
(a) Where an action for divorce or annulment has been referred to a master, a conference shall be held before the master prior to a hearing in the absence of a court order to the contrary.
(1) The moving party shall deposit an amount to be determined by court order with the Prothonotary before a master's hearing on an action for divorce or annulment.
(2) In the event the master believes the amount of time (s)he must devote to the case will exceed four (4) hours said time, or does exceed four (4) hours, (s)he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
(3) The master's fee shall be taxed as part of the costs and paid as directed in the final decree.
(4) In the event the parties resolve their differences prior to the hearing, all sums deposited with the Prothonotary for the hearing shall be returned to the depositor.
(5) In the event the master's fee for the hearing is less than the amount deposited with the Prothonotary for the hearing, the difference shall be returned to the depositor. If there was more than one depositor, the difference shall be returned in proportion to the respective amounts deposited.
Rule L1920.54 Hearing by Master. Report. Related Claims.
(a) Where a claim for alimony, alimony pendente lite, bifurcation. equitable distribution of marital property exclusive possession of the marital residence, counsel fees, costs, expenses or any aspect thereof, has been referred to a master. a conference shall be held before the master prior to a hearing in the absence of a court order to the contrary.
(b) With the exception of claims for alimony, alimony pendente lite, bifurcation, counsel fees, costs or expenses;
(1) The moving party shall deposit an amount to be determined by court order with the Prothonotary before the master's hearing: and,
(2) In the event the master believes the amount of time he must devote to the case will exceed four (4) hours said time or does exceed four (4) hours, (s)he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
(3) The master's fee shall be taxed as part of the costs and paid as directed in the final decree or a separate order.
(4) In the event the parties resolve their differences prior to the hearing, all sums deposited with the Prothonotary for the hearing shall be returned to the depositor.
(5) In the event the master's fee for the hearing is less than the amount deposited with the Prothonotary for the hearing, the difference shall be returned to the depositor. If there was more than one depositor, the difference shall be returned in proportion to the respective amounts deposited.
(6) The notes of testimony will not be transcribed unless exceptions are filed.
Rule L1920.55-2 Master's Report. Notice. Exceptions. Final Decree.
(a) Exceptions to a master's report must be filed with the Prothonotary within the time prescribed by law.
(1) The party filing the exceptions shall serve a copy thereof on the date of filing on every other party, the appointing judge, the master, the court administrator and the court reporter by first class mail, postage prepaid, or by handing them a true and correct copy thereof.
(2) After receipt of notice of the filing of exceptions to a master's report, the court administrator shall schedule a conference before the appointing judge.
(3) At the conclusion of the conference, an order will be entered setting forth what portions of the master's hearing are to be transcribed and setting the argument date on the exceptions.
(4) The party filing the exceptions shall pay all transcription charges in the absence of a court order to the contrary.
RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY Rule L1930.7 Flat Filing of Papers
All papers filed with the clerk of the Domestic Relations Section shall be prepared for flat filing on paper approximately 8 1/2 inches × 11 inches in size. Such papers shall contain on their face the following information: designation of the Court, designation of the section of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification when applicable, name, address, Supreme Court number, and telephone number of the attorney or law firm filing the pleading upon whom papers may be served when applicable.
Rule L1930.8 Clerk of the Domestic Relations Section
(a) The clerk of the Domestic Relations Section shall immediately endorse all papers submitted for docket filing with the date of such filing. The clerk of the Domestic Relations Section shall enter all rules, pleading and other papers submitted for docket filing in every case in the docket maintained by the Domestic Relations Section.
(b) The clerk of the Domestic Relations Section shall be responsible for the safekeeping of all records and papers submitted for docket filing in the Domestic Relations Office.
(c) No entry shall be made in the docket except at the direction of the clerk of the Domestic Relations Section or by Order of Court, except an Entry of Appearance by counsel.
(d) All papers filed with the clerk of the Domestic Relations Section shall be designated numerically starting with the number 1 for each calendar year and followed by the alphabetical symbols ''D. R.'' and the year of filing.
Rule L1930.9 Information to Consumer Credit Bureaus
(a) The Domestic Relations Section shall, before releasing information as to arrearage for support owing by any obligor, notify the obligor by regular mail by sending the following notice:
This Notice is sent to inform you that
__________
(Name of Consumer Credit Bureau of organization) of _________________
(Address)has requested information as to the arrearage you owe under your support Order through the Domestic Relations Section of the Court of Common Pleas of Mercer County, Pennsylvania. Our records indicate your arrearages are $ ______ as of ______ , 20 ____ .
This information will be released to said Credit Bureau unless, within 20 days of this date, we receive a written objection from you contesting the accuracy of the calculated arrearages or stating a valid reason why the information should not be made available.
______ , 20 ____
______
Director, Domestic Relations(b) A fee will be imposed by the Domestic Relations Section upon the Consumer Credit Bureau of organization requesting information.
INCAPACITATED PERSONS AS PARTIES Rule L2056 Procedure when Incapacity of a Party is Ascertained
Except as otherwise directed by the court, notice shall be given by personal service on such guardian, or by leaving a copy of the notice at his/her residence or place of business, or by mailing a notice by registered or certified mail. If service, as above cannot be made, then notice shall be given by such publication as the court may direct.
UNINCORPORATED ASSOCIATIONS AS PARTIES Rule L2152 Actions by Associations
The plaintiff's initial pleading in an action prosecuted by an association shall set forth the names and addresses of all officers thereof or of all persons known to be holding themselves out as such. In case the said officers do not constitute the trustees ad litem, or have not consented to the prosecution of the action by consent in writing attached to the initial pleading, the plaintiffs shall serve notice, in the manner provided in the Pennsylvania Rules of Civil Procedure of the bringing of the action upon said officers within ten (10) days thereafter and file proof thereof in the action; otherwise, the action shall be automatically stayed until such proof is filed.
ACTIONS FOR WRONGFUL DEATH Rule L2205 Notice to Persons Entitled to Damages
The notice shall in all cases be given personally or by registered or certified mail to each person entitled by law to recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to him after diligent search therefore, in which case the plaintiff shall cause the notice to be advertised once in a newspaper of general circulation published in Mercer County and in the Mercer County Law Journal.
CONFESSION OF JUDGMENT FOR MONEY Rule L2952 Confessed Judgments
When a judgment is entered upon any instrument containing a warrant of attorney, which instrument accompanies a mortgage, a statement shall be placed in the complaint showing the book and the page where said mortgage is recorded. If the instrument is entered without a complaint a statement shall be placed upon the instrument itself.
ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY Rule L3110 Execution Against Contents of Safe Deposit Box
When the plaintiff seeks to serve a party by publication as provided in paragraph (c) of R.C.P. 3110, it shall be sufficient service to publish said notice once in a newspaper of general circulation in Mercer County and once in the Mercer County Law Journal. Proofs of publication shall be filed.
Rule L3112 Service of the Writ Upon Garnishee, Real Property of Defendant in Name of Third Party
Whenever a party seeks to serve a garnishee by publication as provided in paragraph (c) of R.C.P. 3112, it shall be sufficient service to publish said notice once in a newspaper of general circulation in Mercer County and once in the Mercer County Law Journal. Proofs of publication shall be filed.
Rule L3123 Debtor's Exemption
The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within forty-eight (48) hours thereof.
Rule L3128 Notice of Sale Personal Property
One copy of the handbill shall be mailed by certified United States mail to the defendant by the sheriff.
DEPOSITIONS AND DISCOVERY Rule L4010 Physical and Mental Examination of Persons
When a mental or physical examination has been made pursuant to R.C.P. 4010, counsel shall be prepared to deliver and exchange medical reports, as provided therein, not more than five (5) days after any report, written or oral, has been received.
[Pa.B. Doc. No. 04-1437. Filed for public inspection August 6, 2004, 9:00 a.m.]
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