Armstrong Cnty. C.P. Rules of Civil Procedure Rule 440

Process. Proof of Service

After a legal paper other than original process has been

served pursuant to Pa.R.C.P. No. 440, a proof of service shall

be filed with the Prothonotary, indicating the person who has

been served, the manner of service and the date of service.

ACTIONS AT LAW

Rule 1018.1 Notice to Defend

(a) Every notice to defend shall designate the

“Prothonotary of Armstrong County, Armstrong County Courthouse,

Suite 103, Kittanning, PA 16201 (telephone: 724-543-2500)” as

the person from whom legal help can be obtained.

(b) The Prothonotary, upon receiving an oral or written

inquiry as the result of a person being served with a pleading

containing a notice to defend, shall, in lieu of advising such

person, immediately forward to the person the names, addresses

and telephone numbers of all resident members of the Armstrong

County Bar Association and of Laurel Legal Services, Inc.

Rule 1028(c) Preliminary Objections. Brief. Scheduling Order

At the time of filing, all preliminary objections shall be

accompanied by a separate brief in support thereof, addressing

issues raised in the objections. The preliminary objections

must also be accompanied by a proposed order for the purpose of

scheduling a hearing or argument thereon, substantially in the

form prescribed as follows:

[CAPTION]

ORDER

AND NOW, this ________ day of _______________,

2_____, upon consideration of the (the nature of the

preliminary objection and the name of the objector), it

is ORDERED as follows:

1. An evidentiary hearing to be followed by

oral argument will be held upon the Preliminary Objections

on (day of week), _______________, 2_______, at

_________.M. in Courtroom No. ____ of the Armstrong County

Courthouse in Kittanning, Pennsylvania. (Strike if no

evidentiary hearing is necessary.)

OR

1. Oral argument upon the Preliminary

Objections will be held on (day of week),

_______________, 2_______, at _________.M. in Courtroom No.

____ of the Armstrong County Courthouse in Kittanning,

Pennsylvania. (Strike if evidentiary hearing is

necessary.)

2. (Name of party to whom preliminary

objections are addressed) shall file a brief concerning

the issues raised in the Preliminary Objections on or

before ______________________, 2_____.

3. Notice of the entry of this Order shall be

served by the Prothonotary.

BY THE COURT,

_______________________________J.

Adopted April 25, 2005, effective August 10, 2005

Rule 1034(a) Motion for Judgment on the Pleadings. Brief.

Scheduling Order

At the time of filing, all motions for judgment on the

pleadings shall be accompanied by a separate brief in support

thereof, addressing all issues raised in the motion. The motion

must also be accompanied by a proposed order for the purpose of

scheduling an argument thereon, substantially in the form

prescribed as follows:

[CAPTION]

ORDER

AND NOW, this ________ day of _______________,

2_____, upon consideration of the (the nature of the

motion), it is hereby ORDERED as follows:

1. Oral argument upon the Motion will be held

on (day of week), _________________, 2______, at

______.M. in Courtroom No. ____, of the Armstrong County

Courthouse, Kittanning, Pennsylvania.

2. (Name of party defending against motion)

shall file a brief concerning the issues raised in the

Motion on or before ________________________, 2_______.

3. Notice of the entry of this order shall be

served upon all parties by the Prothonotary.

BY THE COURT,

_______________________________J.

Adopted April 25, 2005, effective August 10, 2005.

Rule 1035.2(a) Motion for Summary Judgment. Brief. Scheduling

Order

At the time of filing, all motions for summary judgment

shall be accompanied by a separate brief in support thereof,

addressing all issues raised in the motion. The motion must

also be accompanied by a proposed order for the purpose of

scheduling an argument thereon, substantially in the form

prescribed as follows:

[CAPTION]

ORDER

AND NOW, this ________ day of _______________,

2_____, upon consideration of the (the nature of the

motion), it is hereby ORDERED as follows:

1. Oral argument upon the Motion will be held

on (day of week), _________________, 2______, at

______.M. in Courtroom No. ____, of the Armstrong County

Courthouse, Kittanning, Pennsylvania.

2. (Name of party defending against motion)

shall file both a response pursuant to Pa.R.C.P. No. 1035.3

and a separate brief concerning the issues raised in the

Motion on or before ________________________, 2_______.

3. Notice of the entry of this order shall be

served upon all parties by the Prothonotary.

BY THE COURT,

_______________________________J.

Adopted April 25, 2005, effective August 10, 2005

Rule No. 1061.1 Adverse Party Compelled to Commence

Action in Ejectment

When an adverse party in a quiet title action is compelled to

commence an action in ejectment, such an action shall be commencby

the filing of a complaint at a new case number. The new action

shall be governed by the rules pertaining to an action in

ejectment.

Adopted November 21, 2014, effective January 11, 2015.

COMPULSORY ARBITRATION

Rule 1301 Scope. Arbitration Limits

(a) All cases, except those involving title to real estate,

shall be referred for hearing before and decision by a Board of

Arbitrators, when the amount in controversy, exclusive of

interest and costs, is $50,000 or less. When the amount in

controversy exceeds said limit, it shall be referred to the

Board upon agreement of all parties.

Adopted October 3, 2006, effective November 20, 2006

Rule 1302 List of Arbitrators. Appointment to Board

(a) A Board of Arbitration shall be composed of three

members of the Bar of Armstrong County, at least one of whom

shall have been admitted to the practice of law for at least

five (5) years. Upon praecipe, the Prothonotary shall appoint

the arbitrators from a list of lawyers who are qualified to act,

and they shall be chosen in alphabetical order. No more than

one lawyer from a single law firm shall be appointed to the same

Board. The first arbitrator so appointed who has been admitted

to the practice of law for at least five (5) years shall serve

as chairperson. If an appointed member becomes unable to serve,

the chairperson shall ask the Prothonotary to appoint a

replacement, whereupon the Prothonotary shall do so.

(b) The compensation of arbitrators shall be set by orders

of the president judge from time to time entered.

(c) A fee of $20.00 shall be paid to the Prothonotary at

the time of the filing of a praecipe directing appointment of a

Board of Arbitration. The Prothonotary shall subsequently pay

the sum of $20.00 to the duly appointed chairperson immediately

after the appointment. Upon any appeal of the decision of the

Board of Arbitration, the appellant shall be credited for such

payment toward the costs payable as a result of the appeal.

Adopted October 3, 2006, effective November 20, 2006

Rule 1303 Hearing. Notice

(a) All hearings before a Board of Arbitration shall be

conducted in the Armstrong County Courthouse.

(b) The chairperson of the Board of Arbitration shall be

responsible for the scheduling of hearings and the mailing of

notice of such hearings. The chairperson shall grant a

continuance if all parties to the action agree.

(c) Not less than thirty (30) days notice in writing shall

be given by the chairperson to the parties or their attorneys of

record and to other members of the Board.

Adopted October 3, 2006, effective November 20, 2006

ACTIONS IN EQUITY

Rule 1524 Rescinded on May 20, 2004, effective July 24,

2004.

Rule 1527 Rescinded on May 20, 2004, effective July 24,

2004.

PARTITION OF REAL PROPERTY

Rule 1557 Order Directing Partition

(a) A party seeking an order directing partition because of

a default shall proceed under Pa.R.C.P. No. 1511(a), and shall

file a motion with the Court alleging with specificity the facts

constituting the default, including pertinent dates. No advance

notice of the filing of such a motion need be given.

(b) The motion shall have attached thereto a copy of the

notice of intention to enter a default judgment served upon the

defaulting party pursuant to Pa.R.C.P. No. 237.1; provided,

however, that this requirement shall not apply where a party has

been served by publication.

Comment

Pa.R.C.P. No. 237.1, pertaining to notice of

praecipe for entry of judgment by default for failure

to plead, applies to default judgment entered

pursuant to Pa.R.C.P. No. 1511(a). See the

definition of “judgment by default” set forth in

Pa.R.C.P. No. 237.1.

Rule 1559 Master Hearing

(a) Where the parties have counsel of record, notice shall

be given in writing to such counsel. The notice shall be given

not less than twenty (20) days prior to making an examination or

holding a hearing.

(b) Parties not represented by counsel of record shall be

notified both by registered or certified mail and by first class

mail not less than twenty (20) days prior to the date of making

an examination or holding a hearing. If the notice by first

class mail is not returned as undelivered, service shall be

deemed to have been made. If all such notice to a party is

returned undelivered, notice shall be given to that party by

publication as set forth in (c) below.

(c) Notice to parties who cannot be notified pursuant to

subsections (a) or (b) of this Rule shall be notified by

publication in a newspaper of general circulation in Armstrong

County one time and in the Armstrong County Legal Journal one

time. Publication shall not be less than twenty (20) days

before the date set for hearing or examination.

(d) The Master shall in his report set forth the notice

given.

Rule 1566 Preliminary Determination. Notice to Accept or

Reject

(a) Preliminary notice of a proposed partition and

allotment or purports under Pa.R.C.P. No. 1560(b) or (c) or the

inability to partition the property as provided under Pa.R.C.P.

No. 1563 shall be given in the same manner as prescribed by

L.R.C.P. No. 1559.

(b) The notice shall provide that the parties shall have

twenty (20) days after service to accept or reject the proposed

plan of allocation or to object to a private sale confined to

the parties. Said notice shall also include all other

applicable information specified in Pa.R.C.P. No. 1566.

(c) Notice of private sale confined to the parties as

required in Pa.R.C.P. No. 1566(c) shall be given in the same

manner prescribed by L.R.C.P. No. 1559, and may be combined with

notice of proposed partition as set forth in subsections (a) and

(b) of this Rule.

Rule 1567 Private Sale Confined to the Parties. Bond

The Master, before accepting payment for property sold at a

sale confined to the parties, shall file a bond in the amount of

the payment, unless all parties waive such requirement in

writing and the waiver is approved by order of Court. The

Master may move the Court for such an order.

Rule 1569 Master’s Report. Exceptions

The Master shall give all persons in interest written

notice of the date on which he intends to file his report and

proposed decree in the same manner prescribed by L.R.C.P. No.

1559.

Rule 1572 Sale Not Confined to the Parties. Notice.

Manner. Bond

(a) Unless otherwise directed by special order of Court, a

private sale not confined to the parties shall be held on the

premises to be sold and shall be by open bidding. Not less than

ten percent (10%) of the purchase price shall be paid at the

time of sale, the balance to be paid upon delivery of the deed.

(b) Unless otherwise directed by special order of Court,

notice of a public sale shall be given by the Master by

publication of a notice once a week for three (3) consecutive

weeks in a newspaper of general circulation in each county in

which the property is located and in the Armstrong County Legal

Journal. The last publication shall be no less than ten (10)

days before the date of sale. Notice shall also be given by a

handbill conspicuously posted on the property at least ten (10)

days before the date of sale. The notice shall state the down

payment required at time of sale and identify who will pay the

transfer taxes and real estate taxes.

(c) The Master, before accepting payment for property sold

at a sale not confined to the parties or at a public sale, shall

file a bond in the amount of payment, unless all parties waive

such requirement in writing and the waiver is approved by order

of Court. The Master may move the Court for such an order.

Rule 1573 Return of Sale and Schedule of Distribution.

Notice

(a) Notice of the return of sale and proposed schedule of

distribution shall be given by the Master in the same manner

prescribed by L.R.C.P. No. 1559.

(b) The notice shall include a statement that if the return

is approved, a decree nisi will be entered, which decree will

become final if no exceptions thereto are filed within ten (10)

days of the date it is entered.

Rule 1574 Costs and Counsel Fees

Each attorney shall furnish to the Master a request for a

specific amount of counsel fees, together with a recommendation

of whether the fees should be charged against the property or

the fund resulting therefrom, and shall suggest the

apportionment of the same among the parties. The Master shall

attach these requests, recommendations and suggestions to his

return of sale for consideration by the Court.

ACTIONS PURSUANT TO PROTECTION FROM ABUSE ACT

Rule 1901.3 Commencement of Action. Procedure. Temporary

Order

(a) The procedure in an action under the Protection from

Abuse Act shall be governed by the requirements of the

Pennsylvania Rules of Civil Procedure pertaining to such

actions.

(b) The Court, in its discretion, may grant a temporary ex

parte order solely on the basis of the facts averred in the

petition.

(c) A temporary ex parte order providing for an eviction at

the commencement of the action will only be issued after a

hearing. A request for such a hearing, either oral or in

writing, may be made at Motions Court, and the Court will

attempt to conduct such a hearing immediately after all other

motions, petitions and applications have been acted upon.

Notice of such a request need not be given.

Rule 1901.5 Service of Indirect Criminal Contempt Complaint

(a) A defendant in a Protection from Abuse proceeding who

has been arrested for an alleged violation of an order shall be

served with a certified copy of the Indirect Criminal Contempt

Complaint by the Court or the Magisterial District Judge at the

preliminary arraignment. If a Magisterial District Judge

conducts the preliminary arraignment, the original copy of the

complaint shall forthwith be forwarded to the Clerk of Courts.

(b) If an arrest of the defendant has not been effected,

the Court Administrator shall serve a certified copy of the

Indirect Criminal Contempt Complaint upon the defendant by first

class mail simultaneously with service of the notice of non-jury

trial.

Adopted November 21, 2011, effective January 9, 2012

ACTIONS FOR SUPPORT

Rule 1910.10 Alternative Hearing Procedures

(a) A support action shall proceed as prescribed by

Pa.R.C.P. No. 1910.12.

(b) All claims for alimony pendente lite shall be decided

under the procedures set forth in Pa.R.C.P. No. 1910.12. If at

the time a complaint for alimony pendente lite is filed in the

Domestic Relations Section, there is a matter involving the same

parties then pending before a hearing officer of the Domestic

Relations Section, the claim shall be referred directly to the

hearing officer for adjudication.

Comment

Pa.R.C.P. No. 1920.31 and L.R.C.P. 1920.31 govern the

procedure for adjudicating a claim for support or alimony

pendente lite asserted in a divorce proceeding.

Rule 1910.12 Office Conference. Hearing. Continuances.

Appearances by Attorneys. Exceptions to Hearing

Officer’s Report. Transcript

(a) An office conference scheduled as a result of the

filing of a complaint shall be continued by the conference

officer one time upon written request of a party. Each party

shall be entitled to one such continuance. Thereafter, an

additional continuance shall be allowed by the conference

officer only if the parties agree thereto in writing or if an

order of Court is obtained directing the same.

(b) The continuance of an office conference scheduled as a

result of the filing of a petition to modify shall be allowed by

the conference officer only if the parties agree thereto in

writing or if an order of Court is obtained directing the same.

(b.1) Notwithstanding the provisions of subsections (a) and

(b) of this Rule, if litigation on a current complaint or

current petition to modify, including exceptions or appeals

thereon, is still pending at the time a new petition to modify

is filed, the office conference will not be scheduled until

after the current litigation has been disposed of, unless

otherwise directed by special order of Court.

(c) The continuance of a hearing to be conducted by a

hearing officer may be allowed at the hearing officer’s

discretion.

(c.1) Notwithstanding the provisions of subsections (a),

(b), (b.1), or (c) of this Rule, a general continuance or its

equivalent may only be obtained by order of court. The Court,

in its order granting a general continuance or its equivalent,

may provide for the automatic dismissal of the cause then before

it if no further action is requested or directed by a party

within 180 days of the Order of Court granting the continuance.

(d) An application for a court order directing a

continuance of either an office conference or a hearing shall be

presented in Motions Court.

(d.1) The failure of a party to appear at a hearing after

receiving notice thereof may be deemed by the hearing officer as

the withdrawal of that party’s complaint for support, petition

to modify, or demand for hearing, as the case may be.

(e) An attorney who represents a party in any action for

support shall file a written appearance. Except as otherwise

provided in Pa.R.C.P. No. 1910.6, the withdrawal of an

appearance shall be governed by Pa.R.C.P. No. 1012(b).

(f) A party who files exceptions to a hearing officer’s

report shall order, pay for, and file with the Prothonotary, a

transcript of the hearing. The hearing officer shall contact

the exceptant’s lawyer, or if there is none, the exceptant, by

mail regarding the amount and method of payment. A down payment

of $100.00 or one-half of the estimated cost of the transcript

is hereby deemed to be reasonable. The Court will enforce

payment of a delinquent balance for a transcript with its

contempt papers. If a transcript is not filed with the

Prothonotary before argument on the exceptions, the exceptions

may be dismissed for that reason.

Adopted August 13, 2010, effective November 1, 2010

Rule 1910.21 Temporary Suspension of Order for Income

Withholding

A party who seeks to suspend temporarily an order for

income withholding shall present a motion in Motions Court.

Comment

23 Pa.C.S.A. Section 4348(h) states the circumstances under

which an order for income withholding may be terminated.

Rule 1910.25 Support. Contempt Petition. Form of Order.

(a) Every order accompanying a petition for contempt and

scheduling a hearing upon the Petition shall designate the

“Prothonotary of Armstrong County, Armstrong County Courthouse,

Room 103, Kittanning, PA 16201 (telephone: 724-543-2500)” as

the person from whom legal help can be obtained.

(b) The Prothonotary, upon receiving an oral or written

inquiry as the result of a person being served with a pleading

containing a notice to defend, shall, in lieu of advising such

person, immediately forward to the person the names, addresses

and telephone numbers of all resident members of the Armstrong

County Bar Association and of Laurel Legal Services, Inc.

Adopted October 28, 2003, effective December 15, 2003

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND

VISITATION OF MINOR CHILDREN

Rule 1915.4-3.1 Rescinded on May 1, 2019, effective June 24,

2019

Rule 1915.4-3.2 Rescinded on May 1, 2019, effective June 24,

2019

Rule 1915.11 Rescinded on May 1, 2019, effective June 24,

2019

Rule 1915.3 Commencement of Action; Custody Conciliation

Conference Fee

(a) Every party who initiates a custody action by the

filing of a custody complaint, custody count in a divorce

action, or petition for modification of custody, shall, in

addition to the filing fee assessed by the Prothonotary, pay to

the Prothonotary a custody conciliation conference fee in an

amount to be set from time to time by administrative order of

court.

Adopted May 1, 2019, effective June 24, 2019

Rule 1915.4-3 Custody Conciliation Conference

(a) All adult parties named in an action for custody,

whether initiated by complaint, custody count in a divorce

action, or petition for modification of custody, shall attend a

custody conciliation conference scheduled by the Court

Administrator. A Conciliation Conference Officer (“CCO”) shall

preside at the conciliation conference. Children who are the

subject of the custody action shall not participate in the

conciliation conference.

(b) Failure of a party to appear at the conciliation

conference may result in the entry of a custody or partial

custody order by the Court on the recommendation

of the CCO in the absence of that party. Unless otherwise

excused by the Court, the failure of the filing party to attend

the conciliation conference shall result in the dismissal of the

action.

(c) To encourage frank, open and meaningful exchanges

between the parties and their respective counsel, statements

made by the parties or their attorneys at the conference shall

not be admissible as evidence at a later custody hearing. The

CCO shall not be a witness for or against any party.

(d) At the conciliation conference, the parties shall,

under the supervision of the CCO, attempt to reach a final,

comprehensive custody agreement that will then be converted to

a final custody consent order to be entered by the Court.

(e) If the parties are unable to reach a comprehensive,

final custody agreement, they shall attempt to reach a

temporary custody agreement, which may then be entered as a

temporary consent order by the Court. Temporary orders may

include provisions for temporary legal or physical custody,

drug and alcohol evaluations or treatment, counseling,

psychological evaluations, home study evaluations, visit

coaching, supervised custody, and other matters pertaining to

the best interests of the subject child(ren).

(f) The CCO shall have the ability to request that any

party submit to a urine drug analysis at the conciliation

conference, which shall be performed with that party’s consent.

If a party requests that another party submit to a drug

analysis, the drug analysis shall be performed at the

discretion of the CCO and with the consent of that party.

(g) In all cases where a final, comprehensive custody

consent agreement is not reached, the CCO shall provide a

written report to the Court within five days of the conference,

which may contain the following:

(1) recommendations with regard to the necessity of

psychological evaluations, home study evaluations,

drug and alcohol evaluations and/or treatment, co-

parenting or reunification counseling, supervised

custody, visit coaching, and/or the appointment of

a guardian ad litem;

(2) the CCO’s review of jurisdiction, venue, standing

and relocation issues;

(3) progress, if any, on issues before the CCO, as

well as any recommendations for temporary

custody/partial custody orders, including the need

for an expedited hearing in emergency and

relocation cases;

(4) the scheduling of a pre-trial conference.

Adopted July 16, 2019, effective September 3, 2019

(h) Conciliation conferences shall not be continued except

by written request or motion filed with the Prothonotary at

least two (2) business days prior to the date scheduled. Said

written request or motion must indicate whether notice of the

request was made on all other parties.

(i) If the parties reach a final settlement agreement, or

the case is withdrawn, prior to the conciliation conference,

the filing party may request a refund of the conciliation

conference free by filing a written motion with the

Prothonotary requesting the same.

Adopted May 1, 2019, effective June 24, 2019

Rule 1915.4-4 Pre-trial Conference

(a) If at the conciliation conference the parties cannot

agree upon a resolution of all the issues and a trial before a

judge becomes necessary, the Court Administrator shall cause a

pretrial conference to be scheduled to occur within ninety (90)

days after the date the conciliation conference was held.

(b) The Court will schedule a trial date at the pretrial

conference and a date for an additional pretrial conference when

appropriate. The parties must attend each pre-trial conference.

Adopted May 1, 2019, effective June 24, 2019

Rule 1915.7 Consent Order. Final and Temporary

(a) If at any time during the course of a custody

proceeding the parties agree upon a resolution of all the issues

and are then available to consent in writing to an order

reflecting the same, they shall so notify the Court. The Court

will make its staff available to the parties and their lawyers

for the immediate preparation of a final consent order.

(b) If after a conciliation conference the parties cannot

agree upon a resolution of all the issues, counsel and the

parties shall, within seven (7) days after such conference,

submit to the Court a proposed temporary order providing for the

occurrence of those things agreed upon at the conciliation

conference. If the Court has not entered an order immediately

after the conciliation conference directing such attendance at a

mediation orientation session, the proposed temporary order

shall contain a provision requiring the parties together to

attend an orientation session before a mediator as required by

L.R.C.P. No. 1940.3(a). The proposed temporary order may

provide for the deferral of evaluations and home studies until

after such time as mediation is rejected or terminated. The

proposed temporary order shall not contain a provision for the

scheduling of a hearing before the Court. The completed

Conciliation Conference Checklist shall be attached to the

proposed temporary order.

Adopted June 4, 2013, effective July 22, 2013

Rule 1915.14 Disobedience of Order Directing Custody Evaluation

If a party fails to submit to a child custody evaluation;

fails to cause a household member to submit a child custody

evaluation; or fails to pay his or her share of the costs

thereof, the Court may dismiss the complaint or impose other

appropriate sanctions.

Adopted June 4, 2013, effective July 22, 2013

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE

Rule 1920.31 Claims for Support or Alimony Pendente Lite

(a) When a claim for support or alimony pendente lite is

filed as a count in a divorce complaint rather than as a

separate action in the Domestic Relations Section, the demand

for hearing thereon shall be filed with the Domestic Relations

Section, together with a copy of the divorce pleading which

contains that count.

(b) Upon receipt of a demand for hearing filed pursuant to

subsection (a), above, the Domestic Relations Section shall

require the demanding party to complete and file a complaint in

form prescribed by the Domestic Relations Section. The Domestic

Relations Section shall not require a filing fee in connection

therewith; nor shall it impose the filing fee as a cost upon any

party.

(c) If at the time the demand for hearing is filed pursuant

to subsection (a), above, a matter involving the same parties is

then pending before a hearing officer of the Domestic Relations

Section, the claim for support or alimony pendente lite shall be

referred directly to the hearing officer for adjudication.

Rule 1920.51 Hearing by Court. Appointment of Master.

Preliminary Conference. Security for Payment of

Master’s Fees and Costs. Allocation

(a) In all divorce or annulment actions where there are

unresolved issues properly referable to a master under

applicable statutes or rules of court, a party may move for the

appointment of a master. The form of the motion shall be as

prescribed by Pa.R.C.P. No. 1920.51(a)(3). The moving party

shall pay a sum of money to the Prothonotary at the time the

motion is filed, which sum shall be determined from time to time

by order of Court, as security for payment of master’s fees and

costs.

(b) The master shall schedule a preliminary conference

immediately after the order of appointment has been entered.

The preliminary conference shall occur within sixty (60) days of

the date of appointment, and it shall be attended by the parties

and their counsel. At the preliminary conference, those present

shall explore the possibility of resolving the issues in dispute

without further litigation. At least three (3) days in advance

of the preliminary conference, the parties shall exchange

memoranda expressing their perceptions of and position on the

issues, providing the master with a copy of the same. If a

party fails to appear either personally or through counsel at a

preliminary conference, the costs of the conference shall be

assessed against such party in any ultimate equitable

distribution award recommended by the master.

(c) After payment to the Prothonotary of an additional sum

of money as security for payment of the master’s fees and costs,

the master shall schedule an evidentiary hearing to receive

evidence on all issues which were not resolved at the

preliminary conference. The master shall schedule the

evidentiary hearing only after a party has presented

satisfactory proof to him that the additional security for costs

have been paid. The amount of the additional security shall be

determined from time to time by order of Court.

(d) The Court may, upon motion of the master presented at

Motions Court, require a party to enter security for the

master’s fees and costs in addition to that required under

subsections (a) and (c) of this rule.

(e) The master’s fees and costs shall be regarded as costs

of the case, and the master may recommend and the Court may

order an equitable allocation of the same as part of the final

adjudication and order, even if the security already paid is

sufficient to pay them in full.

(f) The provisions of this rule shall apply to instances

where the Court appoints a master pursuant to its own motion.

(g) The master’s fee and costs incurred as a result of the

scheduling or conducting of a preliminary conference or a

hearing shall be paid by the Prothonotary upon approval of the

court.

Comment

See L.R.C.P No. 1920.31 for the procedure to be followed in claims

for alimony pendente lite asserted in a divorce proceeding.

Adopted November 21, 2011, effective January 9, 2012

Rule 1920.55-2 Master’s Report. Exceptions. Transcript

A party who files exceptions to a master’s report pursuant

to Pa.R.C.P. No. 1920.55-2(b) shall order and file a transcript

of the hearing conducted by the master.

VOLUNTARY MEDIATION IN CUSTODY ACTIONS

Rule 1940.3 Rescinded

Amended April 27, 2012, effective June 18, 2012.

Rule 1940.4 Rescinded

Amended April 27, 2012, effective June 18, 2012.

Rule 1940.6 Rescinded

Amended April 27, 2012, effective June 18, 2012.

Rule 1940.7 Rescinded

Amended April 27, 2012, effective June 18, 2012

MINORS AS PARTIES

Rule 2039 Compromise, Settlement, Discontinuance,

Distribution. Petition. Contents.

(a) Every petition for approval by the Court of a proposed

compromise, settlement or discontinuance of an action for injury

to the person of a minor shall contain a description of the

injury, a brief account of the circumstances under which it was

sustained, a statement of the nature of the evidence relied on

to establish liability, any limits on the defendant’s financial

responsibility, a list of the expenses incurred, the fees of

counsel, and arrangements for payment of unpaid bills. The

petition shall be accompanied by a written report of the

attending physician stating the extent of the injury, the

treatment given and the prognosis for the injured party.

(b) The Court will not entertain a petition under Pa.R.C.P.

2039 unless the minor’s guardian has commenced an action in this

Court by filing either a praecipe for writ of summons or a

complaint, with subsequent service of the writ or the complaint.

(c) In each and every case, the Court will conduct a

hearing on the petition. The petitioner shall file a proposed

scheduling order for the hearing at the time the petition is

filed. The subject child or children shall be present for the

hearing.

(d) A certified copy of the petition and a certified copy

of the scheduling order shall be served by the petitioner upon

any non-petitioning parent at least ten days in advance of the

hearing unless the written consent, joinder or statement of no

objection of the non-petitioning parent to the proposed

compromise, settlement, discontinuance and distribution is

attached to the petition.

Comment

The jurisdictional power of the Court to try the action is a

prerequisite to the Court’s authority to approve its compromise,

settlement or discontinuance; hence the requirement for service of

original process. See Roche v. Scavicchio, 70 Pa.D&C 75 (Phila. 1950).

Amended March 31, 2016. Effective May 22, 2016

INCAPACITATED PERSONS AS PARTIES

Rule 2064 Compromise. Settlement. Discontinuance.

Distribution. Petition. Content

Every petition for approval by the Court of a proposed

compromise, settlement or discontinuance of an action for injury

to the person of an incapacitated person shall contain a

description of the injury, a brief account of the circumstances

under which it was sustained, a statement of the nature of the

evidence relied on to establish liability, any limits on the

defendant’s financial responsibility, a list of the expenses

incurred, the fees of counsel and arrangements for payment of

unpaid bills. The petition shall be accompanied by a written

report of the attending physician stating the extent of the

injury, the treatment given and the prognosis for the injured

party.

Comment

The Petition will preferably be presented at a duly scheduled

session of Motions Court.

ACTIONS FOR WRONGFUL DEATH

Rule 2205 Notice to Persons Entitled to Damages.

(a) The notice prescribed in Pa.R.C.P. No. 2205 shall be in

substantially the form prescribed in Appendix J of these Local

Rules. The plaintiff shall attach to the notice a copy of the

complaint, if the action has been commenced by a complaint.

(b) When a person entitled to notice is not sui juris, such

notice shall be addressed to his guardian if any, and if no

guardian, to the person having legal custody or by whom such

person is maintained.

(c) An affidavit of service of such notice shall be filed

with the Prothonotary’s Office and shall set forth the names and

addresses of the persons to whom the notice was sent and the

date of mailing such notice.

JOINDER OF PARTIES

Rule 2227 Compulsory Joinder

After a complaint has been filed, a plaintiff desiring to

join an unwilling person having only a joint interest in the

subject matter of the action, either as a defendant or as an

involuntary plaintiff, shall proceed by petition and rule to

show cause. The petition shall set forth the substantive law

permitting such joinder.

Rule 2232 Defective Joinder

(a) The notice required by Pa.R.C.P. No. 2232(a) shall be

served as directed by special order of Court, entered after

petition. The notice shall be in such form as prescribed by the

special order.

(b) A party who has been joined and who desires to be

dropped from the action pursuant to Pa.R.C.P. No. 2232(b) shall

proceed by petition and rule to show cause.

(c) A party who desires to join any additional person who

could have joined or who could have been joined in the action

pursuant to Pa.R.C.P. No. 2232(c), shall proceed by petition and

rule to show cause.

INTERVENTION

Rule 2328 Petition to Intervene

A person who seeks leave to intervene shall proceed by

petition and rule to show cause.

SUBSTITUTION OF PARTIES

Rule 2352 Substitution of Successor. Objections.

(a) The Prothonotary shall serve a copy of the statement

filed under Pa.R.C.P. No. 2352(a) or a copy of the rule to show

cause issued under Pa.R.C.P. No. 2352(b) upon all parties or

their attorneys of record.

(b) A party who objects to a substitution under Pa.R.C.P.

No. 2352(a) shall proceed by petition and rule to show cause.

ENFORCEMENT OF MONEY JUDGMENTS FOR THE

PAYMENT OF MONEY

Rule 3110 Execution Against Contents of Safe Deposit Box.

Service of Petition and Rule to Show Cause by

Publication.

If service of the petition and rule to show cause is to be

accomplished by publication, the publication shall occur one

time in a newspaper of general circulation in the community in

which the safe deposit box is located.

ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS

Rule 3252 Writ of Execution. Money Judgments. Notice.

The notice of the defendant in a writ of execution shall

designate the “Prothonotary of Armstrong County, Armstrong

County Courthouse, Room 103, Kittanning, PA 16201 telephone:

(724) 543-2500 as the person from whom the defendant can obtain

information on where to get legal help.