Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 508

When in any action a judgment has been entered directing the defendant to account to the

plaintiff, the defendant shall, within thirty (30) days (unless the Court shall for cause shown allow

a longer time), state the account and file the statement thereof in the Office of the Prothonotary

giving notice and copy of account forthv.ith to the plaintiff, or their attorney, that this has been

done. Within thirty (30) days after such notification the plaintiff, if dissatisfied with the statement

of account filed by the defendant, shall file exceptions thereto and move for the appointment of an

auditor to hear and report upon questions of fact and law raised by the exceptions.

ACTIONS AT LAW

CIVIL ACTION

RULE 1018.1. NOTICE TO DEFEND. FORM

With respect to the notice to defend form required by Pa.R.Civ.P. 1018 the Erie County

organization shall be:

Lawyer Referral & Information Service

P.O. Box 1792

Erie, PA 16507

(814) 459-4411

Monday Friday (8:30 a.m.- 5:00 p.m.)

https://www.eriebar.com/public/services/lawyer-referral-service

RULE 1028(c). PRELIMINARY OBJECTIONS

1. Preliminary objections shall be filed ,vith the Prothonotary and a copy shall

be served by the objecting party upon all counsel of record and

unrepresented parties. Within thirty (30) days after the filing of preliminary

objections, the objecting party shall file a brief and serve a copy ofthe brief

upon all counsel of record and unrepresented parties. At that time, the

objecting party shall also serve a copy of the preliminary objections and

brief upon the assigned judge. If the objecting party requests oral argument,

the objecting party shall do so in writing when serving the preliminary

objections and brief upon the assigned judge.

2. The non-moving party shall file with the Prothonotary's office a responding

brief within thirty (30) days of receipt of the objecting party's brief. The

non-moving party shall serve a· copy of the responding brief to the assigned

judge and the moving party. This deadline does not affect the filing

deadlines otherwise imposed upon the non-moving party by the

Pennsylvania Rules of Civil Procedure. If the non-moving party requests

oral argument, the non-moving party shall do so in writing when serving a

responding brief upon the assigned judge.

3. After the passage of the filing date for the non-moving party's responding

brief, the assigned judge may schedule the matter for an argument on the

preliminary objections. Notice of argument, if scheduled, shall be given by

the Court to each attorney of record and to unrepresented parties by United

States mail, facsimile transmission or personal delivery.

4. If the brief of either the objecting party or non-moving party is not filed

\vithin the time periods above stated, unless the time shall be extended by

the Court or by stipulation, the Court may then, or any time subsequent

thereto:

(A) Overrule the objections where the objecting party has failed to

comply;

(B) Grant the requested relief where the non-moving party has failed to

comply and where the requested relief is supported by law,

(C) If argument is granted, prohibit the noncomplying party from

participating in oral argument although all parties will be given

notice of oral argument and shall be permitted to be present at oral

argument, and/or

(D) Impose such other legally appropriate sanction upon a

noncomplying party as the Court shall deem proper, including the

award of reasonable costs and attorney's fees incurred as a result of

the noncompliance.

RULE 1034(a). MOTION FOR JUDGMENT ON THE PLEADINGS

1. The moving party shall file a motion for judgment on the pleadings, together

with a supporting brief, with the Prothonotary and a copy of the motion and

brief shall be contemporaneously served by the moving party upon all

counsel of record and unrepresented parties and upon the assigned judge. If

the moving party requests oral argument, the moving party shall do so in

writing when serving the motion and brief upon the assigned judge.

2. The non-moving party shall file a responding brief within thirty (30) days

after receipt of the motion and supporting brief. If the non-moving party

requests oral argument, the non-moving party shall do so in writing when

serving a responding upon the assigned judge. At that time, the failure of

the non-moving party to file a responding brief within the time required

shall result in the disposition of the motion based solely upon the

information received from the moving party

3. After the passage of the filing date for the non-moving party's responding

brief, the assigned judge may schedule the matter for argument. Notice of

argument, ifscheduled, shall be given by the court to each attorney ofrecord

and to unrepresented parties by United States mail, facsimile transmission

or personal delivery.

4. Ifthe brief ofeither the moving party or non-moving party is not filed within

the time periods above stated, unless the time shall be extended by the Court

or by stipulation, the Court may then, or any time subsequent thereto:

(A) Dismiss the motion where the moving party has failed to comply.

(B) Grant the requested relief where the responding party has failed to

comply and where the requested relief is supported by law, or

(C) If argument is granted, prohibit the noncomplying party from

participating in oral argument although all parties will be given

notice of oral argument and shall be permitted to be present at oral

argument, and/or

(D) Impose such other legally appropriate sanction upon a

noncomplying party as the Court shall deem proper including the

award of reasonable costs and attorney's fees incurred as a result of

the noncompliance.

RULE 1035.2(a). MOTION FOR SUMMARY JUDGMENT

1. Procedure for Filing Summary Judgment Motions.

(A) The moving party shall file a motion for summary judgment,

together with a supporting brief, with the Prothonotary and a copy

of the motion and brief shall be contemporaneously served by the

moving party upon all counsel of record and unrepresented parties

and upon the assigned judge. If the moving party requests oral

argument, the moving party shall do so in vvTiting when serving the

motion and brief upon the assigned judge. Within thirty (30) days of

receipt of the moving party's brief, the non-moving party shall file

a responding brief and, at that time, shall deliver a copy to the

assigned judge. If the non-moving party requests oral argument, the

non-moving party shall do so in writing when serving its responding

brief upon the assigned judge. Any depositions, answers to

interrogatories or affidavits in support of or in opposition to the

motion shall be filed with the Prothonotary not later than the due

date of the respective party's brief.

(B) If the brief of either the moving party or non-moving party is not

filed within the time periods above stated, unless the time shall be

extended by the Court or by stipulation, the Court may then, or any

time subsequent thereto:

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

comply.

(ii) Grant the requested relief where the non-moving party has

failed to comply and where the requested relief is supported

bylaw, or

(iii) If argument is granted, prohibit the noncomplying party

from participating in oral argument although all parties will

be given notice oforal argument and shall be permitted to be

present at oral argument, and/or

(iv) Impose such other legally appropriate sanction upon a

noncomplying party as the Court shall deem proper

including the award of reasonable costs and attorney's fees

incurred as a result of the noncompliance.

2. Scheduling of Argument.

(A) There may be oral argument in accordance with Pa.R.Civ.P. 211. If

granted, notice of argument shall be given by the Court to each

attorney of record and unrepresented parties by United States mail,

facsimile transmission, or personal delivery.

(B) After the passage of the filing date of the brief of the non-moving

party, the Court may schedule argument on the motion with notice

to all parties. The Court shall notify the parties of its decision.

RULE 1042.21 PRETRIAL PROCEDURE IN MEDICAL PROFESSIONAL LIABILITY

ACTIONS. SETTLEMENT CONFERENCE; MEDIATION

(a) Any motion by a healthcare provider requesting a court ordered mediation, shall set

forth the following minimum information:

(1) the date of the proposed mediation or the time frame during which the

mediation will take place;

(2) the identity of the proposed mediator;

(3) the location of the proposed mediation; and

(4) any other terms that have been consented to by the parties or which are

being proposed by the moving health care provider.

(b) If the motion has been consented to, such consent shall be noted in the motion and,

where possible, written consents from the parties shall be attached.

(c) Any party opposing a motion for mediation shall file their objections within ten

(10) days of service of the motion.

ACTION TO QUIET TITLE

RULE 1066. FORM OF JUDGMENT OR ORDER

(a) Unless otherwise ordered by the Court, notice is not required.

(b) Any order entered under Pa.R.Civ.P. 1066 (b)(l) shall include a description of the

property.

COMPULSORY ARBITRATION

RULE 1301. SCOPE

(a) Compulsory arbitration of matters as authorized by the Judicial Code, 42 Pa. C.S.

Section 7361, as amended, shall apply to all cases at issue where the aggregate

amount in controversy shall be Fifty Thousand Dollars ($50,000.00), or less,

regardless of the number of parties, except those cases involving title to real estate

or which seek equitable or declaratory relief.

(b) In all cases where a party has obtained a judgment by default under Pa.R.Civ.P.

I03 7, the party obtaining said judgment by default may elect to have unliquidated

damages assessed at a trial by arbitration with the issues limited to the amount of

damages which shall not exceed $50,000.00. The election to assess damages by

arbitration shall constitute a waiver by the party making such election of any

damages in excess of$50,000.00.

(c) Discovery shall be allowed in all cases.

RULE 1302. LIST OF ARBITRATORS. APPOINTMENT TO BOARD

(a) The Board of Arbitrators in any case shall be selected in accordance with one of

the procedures set forth below, from a list of attorneys admitted to practice in Erie

County, who have filed their consent to act with the Prothonotary. Those attorneys

having practiced for three (3) years or more who 'lvish to be Chairman of Boards of

Arbitration shall so inform the Prothonotary of their eligibility.

(1) Selection by Praecipe. Upon the filing of a Praecipe for Arbitration, the

Prothonotary shall nominate a Board of potential Arbitrators consisting of

three (3) attorneys plus one (1) attorney for each attorney of record and

unrepresented party. Not more than two (2) ofthe potential Arbitrators shall

have been admitted to the practice oflaw for less than three (3) years. The

list of attorneys so nominated shall be sent by the Prothonotary to each

attorney of record and the unrepresented party. Each attorney ofrecord and

unrepresented party may strike off one (1) nominated attorney and return

the list to the Prothonotary within five (5) days. A failure to respond within

five (5) days constitutes a waiver of the right to strike one (1) name from

the list. The three remaining names will make up the Board. If no name of

the same name is stricken from the list, the first three (3) remaining names

will make up the Board. Upon the expiration of five (5) days, the

Prothonotary shall notify all parties of the names of the Arbitration Panel

and designate as Chair the first Arbitration Panel and designate as Chair the

first Arbitrator, so selected, who has been admitted to the practice of law

for at least three (3) years.

(2) Selection by agreement. By agreement of counsel, the Prothonotary shall

nominate a list of nine (9) attorneys selected at random from the entire list

of potential arbitrators with an additional three (3) attorneys for each

additional party with an adverse interest. Each party shall have the right to

strike off attorneys so named, one at a time and alternately. If, after the

striking of Arbitrators, the selection will result in a panel of members none

of whom are eligible to be Chairman, the Prothonotary at the request of

either counsel, shall select three (3) additional attorneys for consideration.

The selection shall continue until a panel is agreed upon. Ifnone ofthe three

(3) chosen Arbitrators have been practicing for more than three (3) years,

the counsel shall be deemed to waive this requirement. The Chairman shall

be selected by counsel.

(3) Selection of sole arbitrator. In any case within the limits of compulsory

arbitration, a sole Arbitrator may be selected to adjudicate the case by

agreement ofcounsel. The award shall have the same effect as that ofa three

(3) person panel. The Prothonotary shall nominate a list offive (5) attorneys

selected at random from the entire list with an additional two (2) attorneys

for each additional party with an adverse interest. Each party shall then have

the right to strike off two so named, one at a time and alternately. The

remaining attorney shall comprise the Board of Arbitration and shall be

considered the Chairman.

(b) In the event an arbitrator selected pursuant to the above procedures is unavailable

to attend the hearing for any reason, that arbitrator shall give the parties 'Nritten

notice of their unavailability five (5) days before the hearing date, so as to allow

the parties time to agree on selection of a replacement arbitrator and have said

replacement available to attend the hearing so as not to cause the need for

rescheduling ofthe same. Ifthe arbitrator fails to comply with the five (5) day notice

requirement, at the time of the regularly scheduled arbitration hearing the parties

shall notify the Prothonotary of the arbitrator's failure. Thereafter, the arbitrator

shall automatically be stricken from the list of arbitrators maintained by the

Prothonotary with leave to reapply for inclusion on the list upon petition to the

Court and cause shown.

RULE 1303. HEARING. NOTICE

(a) (1) The Chairman of the Board of Arbitrators shall designate the time for

hearing with written notice to each of the members of the Arbitration panel

and to each party or their counsel in compliance with Pa.R.Civ.P. 1303.

(2) All hearings of the Board of Arbitrators shall be held in the Erie County

Court House in a hearing room designated for that purpose, in a courtroom

by leave ofCourt, or at a location via agreement by the parties and the Board

of Arbitrators.

(3) All hearings shall promptly commence at 9:30 a.m. or 1:30 p.m., unless a

different time shall specifically be established by the Board of Arbitrators.

In the event an Arbitrator shall not be present at the time for the swearing

in, then counsel for represented parties and any unrepresented party who

does in fact appear at the scheduled hearing time, may, only if they agree

unanimously

(A) have the remaining Arbitrators immediately select a replacement

from the list of Arbitrators; or

(B) themselves appoint any other eligible person to act as a replacement

Arbitrator; or

(C) use any other method of selection of an eligible person to act as a

replacement Arbitrator.

In the event that counsel for represented parties and any unrepresented

party, who does in fact appear at the scheduled hearing time, are unable to

unanimously agree upon any of the foregoing options, then the replacement

Arbitrator shall be selected in accordance with Erie L.R. 1302(a)(l)(iii),

governing selection of a sole Arbitrator.

(b) In no event, shall a scheduled arbitration be canceled or rescheduled without written

authorization of the Chairman or order of court obtained upon a showing of good

cause. If such authorization or order is not obtained, the arbitration shall be held as

scheduled.

(c) In the event that a party or an arbitrator requests that the hearing be rescheduled

and if that request is granted as provided herein, then that party or arbitrator shall

undertake the work needed to reschedule the hearing, including contacting the

Court Administrator to obtain available dates and coordinating those dates with all

counsel, parties and arbitrators, as well as preparing and dispatching all required

written notices of the rescheduled hearing.

RULE 1304. CONDUCT. HEARING. GENERALLY

(a) The hearings shall be conducted by the chairman with decorum in full compliance

with judicial proceedings as conducted by the Court of Common Pleas. Witnesses

shall be sworn in the customary manner.

(b) Once the witnesses are sworn and the proceedings have commenced Arbitrators

and attorneys shall, throughout the hearing, use the same procedure and decorum

as used before a Common Pleas Court.

RULE 1305. PRETRIAL EXCHANGE OF INFORMATION

(a) In cases subject to compulsory arbitration where the amount in controversy exceeds

$10,000.00, the parties shall exchange the following information at least twenty

(20) days prior to the arbitration.

(1) A copy of all reports containing the substance of the facts, findings or

opinions and a summary of the grounds or reasons for each opinion of any

expert, including physicians, whom that party expects to call as a witness at

the arbitration. The report must be signed by the expert.

(2) Names and addresses of all witnesses the party expects to call.

(3) Copies of all exhibits the party intends to use at the arbitration, with a

designation of those documents to be produced pursuant to Pa.R.Civ.P.

1305.

(b) If timely production is not made of any of the information required above, the

testimony of that expert, that witness, or use of that exhibit, shall be excluded by

the arbitrator(s), except upon consent of the adverse party or parties, or upon a

showing of good cause made to the arbitrator(s).

RULE 1306. AWARD

(a) In each case, at the time of the entry of the Arbitrator's award or upon a

determination that a scheduled hearing would not take place, the chairman shall file

a Certificate of Arbitrator's fees to indicate the time expended and Arbitrator's fees

to be paid. Fees of the panel shall be assessed as follows:

(1) An arbitration was scheduled, but no hearing was convened or award

entered. The chairman, only, shall receive $25.00.

(2) In all other cases, the Arbitrators shall be paid at the rate of$60.00 per hour,

or a portion thereof, with the chairman receiving an additional $25.00.

RULE 1307. AWARD. DOCKETING. NOTICE. LIEN. JUDGMENT. MOLDING THE

AWARD.

When the Certificate, report and award, if any, are filed with the Prothonotary, the

Prothonotary or their deputy shall certify the Arbitrator's fees for payment under the procedure

followed as to other debts of the County.

ACTIONS IN EQUITY

RULE 1531. PRELIMINARY INJUNCTION

(a) Upon filing a motion for preliminary injunction, a request for a judge assignment

shall be made to the Office of Court Administration.

(b) The motion for preliminary injunction shall be presented to the assigned judge to obtain

a date and time for a hearing and/or consideration ofa request for immediate or ex parte

relief.

ACTIONS FOR SUPPORT

RULE 1910.4. COMMENCEMENT OF ACTION. FEE

(a) The Support Intake Officer may aid any person requesting help in the preparation and

filing with the Court of a complaint for support.

(b) All support pleadings must be filed with the Support docketing Office and copies

provided to the Support Counseling Office.

(c) In all actions in which spousal support, alimony pendente lite and temporary counsel

fees are pending, upon motion and order, hearing on all matters may be heard concurrently by

the Court.

RULE 1910.5. COMPLAINT. ORDER OF COURT

The order directing the parties to appear shall include the following language: "Failure of

either party to appear at the support counseling conference, or to appear without the required

financial information, may subject that party to sanctions which may include attorney's fees and

any other reliefthe Court so directs."

RULE 1910.7. NO PLEADING BY DEFENDANT REQUIRED. QUESTION OF

JURISDICTION OR VENUE OR STATUTE OF LIMITATIONS IN

PATERNITY.

If defendant raises a question ofjurisdiction or venue, or in paternity cases the defense of

statute of limitations, those issues shall be raised by filing a motion to dismiss. Said motion shall

be presented in Motion Court to the Judge of the Family Division, at which time a date and time

for argument on the motion shall be scheduled.

RULE 1910.10. ALTERNATIVE HEARING PROCEDURES

The Erie County Court of Common Pleas hereby adopts Pennsylvania Rule of Civil

Procedure 1910.11.

RULE 1910.11. OFFICE CONFERENCE. SUBSEQUENT PROCEEDINGS. ORDER

(a) No temporary order regarding spousal support shall be entered if one party raises the

issue of spousal entitlement.

(b) The support office shall issue the conference summary and recommendation within

forty-eight (48) hours of the support conference.

(c) If no agreement is reached at the support conference, the hearing de novo shall be

scheduled at that time. The hearing de novo shall be held no later than thirty (30) days from the

date of the support office conference.

(d) If a temporary order is entered pursuant to Pa.R.Civ.P. 1910.1 l(f), that temporary

order shall automatically expire on the thirtieth (30th) day after the support conference.

(e) A demand for a hearing de novo pursuant to Pa.R.Civ.P. 1910.1 l(h) shall set forth

with specificity the issues to be raised before the Court at the de novo hearing. However, such

demand shall not impair the right to a de novo hearing on all issues.

(f) Ifno demand for a de novo hearing is filed within ten (10) days from the date of the

summary and recommendation, the temporary order and support office summary and

recommendation shall be made a final order of Court and the trial de novo canceled.

(g) Any party may file a responsive pleading within five (5) days from receipt of the

demand for. the de novo hearing.

RULE 1910.16-1. ALIMONY PENDENTE LITE

(a) All Motions and Petitions for alimony pendente lite, modification or termination

thereof including counsel fees, shall be filed with the Domestic Relations Office.

(b) The Domestic Relations Office shall make a recommendation as to alimony pendente

lite pursuant to the procedures of Erie County Local Rules and Pennsylvania Rules of Civil

Procedure 1910.11 and 1910.12 which shall be determined in accordance 'Mith support

guidelines, Pennsylvania Rule of Civil Procedure 1910.16-2 and as a formula in Rule 1910.16-5.

(c) All Motions and Petitions for alimony pendente lite, modification, termination, or

exceptions therefrom shall be subject to fees as established by the Domestic Relations Office.

COMMENT

A count for Alimony Pendente Lite in a Divorce Complaint does not activate the processing of

that claim. The filing of a Petition for Alimony Pendente Lite in the Domestic Relations Office

pursuant to Rule 1910.16-1 activates that claim and establishes the effective date of the claim.

RULE 1910.19. SUPPORT ORDER. MODIFICATION. TERMINATION

A petition seeking to modify or terminate a support order may be prepared by the Support

Intake Office. A petition under this Rule shall be filed in the Support Docketing Office and a

copy shall be filed with the Support Counseling Office.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND

VISITATION OF MINOR CHILDREN

RULE 1915.1 SCOPE

These rules shall govern the practice and procedure in all actions for any type of custody

initiated in Erie County, Pennsylvania. These rules shall be read in conjunction with and

supplement the state rules as set forth in Pa.R.Civ.P. Nos. 1915.1-1915.25. In the event of any

conflict between these rules and the state rules, the Pennsylvania Rules shall control.

RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER

(a) An original verified complaint, substantially in the form provided by Pa.R.Civ.P.

1915.15(a), and two copies per party shall first be presented to the Custody Conciliation Office

prior to being filed at the Prothonotary's Office.

(b) The custody conciliation office will assign a time and date for the conciliation

conference, and attach the order provided for in Pa.R.Civ.P. 1915.3(b) to the original and all

copies. The moving party shall then file the original pleading with the Prothonotary, and serve

the responding party or parties as provided in the Pennsylvania Rules of Civil Procedure.

(c) The custody office shall not reject any complaint for custody or modification of

custody submitted for assignment of a conciliation time and date, except as provided for in

subsection (d). It is the responsibility of a party objecting to jurisdiction, venue, service, standing

or any other legal defect, to file and serve the proper responsive pleading, and to request a stay

by the court, if appropriate, pursuant to Local Rule 1915.5.

(d) Grandparents and all other third parties shall file according to the procedure set forth

in Local Rule 1915.6 unless there is no open case involving the minor child or children.

RULE 1915.3-2 CRIMINAL OR ABUSE HISTORY. HEARING

In addition to the requirements of Pa.R.Civ.P. 1915.3-2, a party may raise consideration

of criminal convictions or abuse history pursuant to 23 Pa. C.S. Section 5329. The party raising a

Section 5329 objection shall present a motion pursuant to Local Rule 1915.13 requesting a

hearing to determine whether a party, or household member, poses a threat to a child and/or

whether a party, or household member, is in need of counseling.

RULE 1915.4-1 HEARING PROCEDURE.

BYPASS CUSTODY CONCILIATION CONFERENCE.

(a) Complaints for custody or petitions for modification shall initially proceed through

the Office of Custody Conciliation of Erie County, Pennsylvania. Except in relocation cases

subject to Local Rule 1915.17, partial custody and supervised physical custody cases subject to

Local Rule 1915.4-2, and Section

(b) of this rule, custody actions shall proceed in accordance with Pa.R.Civ.P. 1915.4-3.

(b) A party may present a motion to bypass the custody conciliation conference to the

duty judge during motion court pursuant to Local Rule 1915.13. A motion to bypass the custody

conciliation may be granted in cases wherein:

(1) there are complex questions oflaw, fact or both; or

(2) there are serious allegations affecting the child's welfare.

RULE 1915.4-2 OFFICE CONFERENCE. PROCEEDINGS.

(a) Except as provided for at Local Rule 1915.4-1, all custody complaints and petitions

for modification shall initially be conciliated by a conference officer at an office conference.

(b) The office conference is not a hearing but an opportunity for parties to reach

agreement early in the custody process. No evidence or testimony is presented. Ordinarily,

conferences shall not last more than one hour. The objectives of the office conference are:

(1) To facilitate immediate agreement and the entry of consent orders where the

nature of the parties' dispute is minor and can be resolved quickly without the need for

trial;

(2) To identify those cases not appropriate for resolution within the context of the

conciliation process; and

(3) To identify the need for referral to outside professionals or agencies and to

provide the parties with information and other assistance needed to accomplish such

referral.

(c) Participation in the office conference:

(1) Children and Third Parties: Children and third parties,

other than attorneys, shall not be present for or participate in conferences. Exceptions

may be made at the discretion of the Court.

(2) Parties must participate in conferences in a cooperative manner and at all

times adhere to the directives of the person conducting the conference.

(3) Prior to agreeing to a custody order, a party may consult with their attorney,

and a reasonable opportunity to do so will be provided by the conference officer.

(d) An attorney who attends an office conference with a client will participate consistent

with the following standards:

(1) The manner and scope of participation in conferences shall be determined by

the conference officer;

(2) Attorneys shall fully cooperate with the efforts of the conference officer to

facilitate the agreement of the parties;

(3) Counsel shall at all times behave in a professional manner and

refrain from engaging in hostile or antagonistic conduct directed toward any conference

participant;

(4) Attorneys shall advise their clients in a manner not disruptive of the

conciliation process which may require consulting with the client outside the conference

room;

(5) Attorneys shall not engage in legal argument, except that counsel may advise

of legal issues relevant to the formation of an interim or consent order;

(6) Counsel shall not attempt to question the other party, present evidence or

engage in conduct characteristic of any adversarial proceedings;

(e) All agreements reached at an office conference, whether a full or partial agreement,

shall be reduced to a Consent Agreement and shall be signed by the parties immediately upon

conclusion of the proceeding. If the parties partially agree or agree to reschedule the office

conference, an interim order containing the agreed upon terms of the parties may be submitted to

the duty judge for approval of the court.

(f) Ifno agreement is reached at the office conference, the case shall be promptly referred

by the Custody Conciliation Office to Family Court Administration for trial; except that actions

for partial custody or supervised physical custody shall be assigned to a hearing officer and shall

proceed in accordance with Pa.R.Civ.P. 1915.4-2(b) and Local Rule 1915.4-2(g) below. The

conference officer shall prepare a summary report detailing the parties' respective positions,

which shall be filed and submitted to the hearing officer and the parties.

(g) Hearing before the Hearing Officer.

(1) In accordance with Pa.R.Civ.P. 1915.4-2, parties, after an unsuccessful office

conference, will be scheduled for a custody hearing before a hearing officer.

(2) A pretrial order will be issued which directs parties to submit a pretrial

narrative statement and parenting plan. The pretrial narrative statement and

parenting plan is due ten (I 0) days prior to the scheduled hearing date and

may be dropped off or mailed to the Custody Conciliation Office at the Erie

County Courthouse.

(3) Continuance requests for custody hearings will be considered only if made in

writing and containing the written consent of all parties. Such requests shall

be presented to the Custody Office for consideration by the hearing officer.

(4) The hearing shall be conducted in accordance with Pa.R.Civ.P. 1915.4-2.

(5) The Court may issue an interim order consistent with the hearing officer's

proposed order. If exceptions are filed, the interim order shall continue in

effect.

(6) Exceptions may be filed to the custody hearing officer's report and proposed

order pursuant to Pa.R.Civ.P. 1915.4-2. If filing exceptions, in addition to

those requirements contained in Pa.R.Civ.P. 1915.4-2, Erie County requires

the following:

1. A copy of the hearing officer's report and proposed order from

which the exceptions are filed must be attached to the exceptions.

11. When filing exceptions, a transcript must be ordered from the

Court Reporter's Office in accordance with Erie County Rules of

Judicial Administration 4001-4008. A copy of the completed

Transcript Request Form, along with a transcript deposit receipt or

proof of transcript fee waiver, shall be attached to the original

exceptions. The only time a transcript is not necessary is if the

exceptions are not based on the testimony contained in the record.

If both parties file exceptions to the report and proposed order of

the hearing officer, they shall equally bear the cost of the transcript

of testimony. If a party fails to pay for the transcript or obtain a

waiver of the cost of the transcript, the court reporter shall notify

the court, after which the exceptions of the non- paying party may

be dismissed by the judge if the transcript was needed for

determining the exceptions.

iii. The original exceptions shall be timely filed with the

Prothonotary' s office at the Erie County Courthouse. Within

twenty (20) days of filing the exceptions, a time stamped copy

must be delivered to Court Administration.

iv. The party filing exceptions must also serve a time stamped copy on

the opposing party or that party's counsel of record.

v. Once exceptions and all related documents are filed with the

Prothonotary and a copy is provided to Court Administration,

argument on the exceptions will be placed on the next available

argument list for an assigned judge. The Court will issue an order

and serve notice on all parties of the date and place of argument.

RULE 1915.4-3 NON-RECORD PROCEEDINGS. TRIAL

Non-Record Proceedings governed by Pa.R.Civ.P. 1915.4-3 shall follow the office

conference process detailed in Local Rule 1915.4-2, paragraphs (a)-(f).

RULE 1915.5 QUESTION OF JURISDICTION, VENUE OR STANDING.

PRELIMINARY OBJECTIONS.

A party raising preliminary objections in accordance with Pa.R.Civ.P. 1915.5 shall, prior

to filing, present the preliminary objections to Family Court Administration for assignment to a

judge and scheduling of a date and time for a hearing. Thereafter, the moving party shall file the

original pleading with the Prothonotary and serve the objections and notice of hearing in

accordance with the Pennsylvania Rules of Civil Procedure.

RULE 1915.6 JOINDER OF PARTIES

Grandparents and all other third parties seeking any type of custody of a minor child with

an open custody docket before this court shall present a Motion to Intervene to the duty judge at

Motion Court. Notice to all responding parties must be provided pursuant to Erie L.R. 440, and

certificate of notice must be attached to the motion. If the motion raises contested issues, the duty

judge may issue a Rule to Show Cause. The signed Rule to Show Cause Order shall be presented

to Family Court Administration for assignment to a judge and scheduling of a date and time.

Thereafter, the moving party shall file the original pleading with the Prothonotary and provide

for service pursuant to the Pennsylvania Rules of Civil Procedure.

RULE 1915.12 CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER.

PETITION.

In addition to the requirements of Pa.R.Civ.P. 1915.12, the original contempt petition

with notice and order, and a photo copy, shall be presented to Family Court Administration for

assignment to a judge and for scheduling of a date and time for the contempt hearing. Thereafter,

the moving party shall file the original pleading with the Prothonotary and provide for service

pursuant to the Pennsylvania Rules of Civil Procedure.

RULE 1915.13 SPECIAL RELIEF

Motions for Special Relief shall be presented to the duty judge during Motion Court. The

motion must allege, with specificity, the need for the court to enter interim or special relief.

Notice to all responding parties must be provided pursuant to Erie L.R. 440, and certificate of

notice must be attached to the motion. If the motion raises contested issues, the duty judge may

issue a Rule to Show Cause. The signed Rule to Show Cause Order shall be presented to Family

Court Administration for assignment to a judge and scheduling of a date and time. Thereafter,

the moving party shall file the original pleading with the Prothonotary and provide for service

pursuant to the Pennsylvania Rules of Civil Procedure.

RULE 1915.17 RELOCATION

(a) A party proposing to relocate with a minor child shall follow the procedures set forth

atPa.R.Civ.P.1915.17.

(b) If the non-relocating party has no objection to relocation and no objection to

modification of the custody order consistent with the relocating party's proposal for revised

custody schedule, the parties may obtain an order approving the proposal for revised custody

schedule by presenting a Petition to Confirm Relocation with the agreed upon custody order

before the duty judge at Motion Court.

(c) If the non-relocating party files a counter-affidavit objecting to either the relocation or

to modification of the order, any party may either:

(1) obtain an expedited full hearing on the proposed relocation by presenting

copies of the relocation notice, the counter-affidavit, the complaint for custody or petition

for modification, whichever is applicable, and a request for hearing to Family Court

Administration;

or

(2) may waive their right to an expedited hearing and participate in a custody

conciliation conference by obtaining a time and date from the custody conciliation office

in addition to following the filing requirements of Pa.R.Civ.P. 1915.17. Thereafter, the

moving party shall file the original pleading with the Prothonotary and provide for

service pursuant to the Pennsylvania Rules of Civil Procedure.

(d) If the non-relocating party was properly served notice of proposed relocation and has

failed to timely object, the party proposing relocation, in addition to following the requirements

of Pa.R.Civ.P. 1915.l 7(e), shall present a Petition to Confirm Relocation with a proposed order

including the information set forth at 23 Pa.C.S. § 5337(c)(3) to the duty judge at Motion Court.

Thereafter, the moving party shall file the original pleading with the Prothonotary and provide

for service pursuant to the Pennsylvania Rules of Civil Procedure.

RULE 1915.26 CHILDREN COPE WITH DIVORCE

(a) All parties participating in custody proceedings must attend the Children Cope With

Divorce program. A copy of the brochure providing information on the program must be

included in all complaints involving parties that have not previously attended the program.

(b) Subsequent proceedings and the entry of any order or decree shall not be delayed

because of the lack of participation in the Children Cope With Divorce program.

(c) Any party seeking to waive the costs of participating in the Children Cope With

Divorce program shall present an appropriate motion before the duty judge at Motion Court.

RULE 1915.27 CANCELLATION OF CUSTODY PROCEEDINGS.

(a) A scheduled office conference and/or hearing before a hearing officer may

not be cancelled without the written consent of the parties, or leave of court. If a

responding party does not consent to cancel an office conference or hearing, a motion to

cancel may be presented in motion court by the requesting party with proper notice

pursuant to Local Rule 440.

(b) If none of the parties appear for a scheduled office conference, the

conference officer will prepare and send a proposed Order to the duty judge that

indicates the office conference is cancelled, and that the pleading is dismissed without

prejudice.

(c) If any one party fails to appear for a scheduled office conference and all

parties have been served, the appearing party or parties may:

(1) reschedule the office conference;

(2) in the case of an initial complaint or petition for modification of an

existing order seeking sole custody or primary physical custody,

request an immediate referral for trial;

(3) in the case of an initial complaint or petition for modification of an

existing order seeking partial custody and/or supervised physical

custody, request an immediate referral for a hearing before a

hearing officer; or

(4) request dismissal of the pleading without prejudice.

If the appearing party or parties request to reschedule the office conference,

the appearing party or parties are responsible for serving notice of the rescheduled

conference. If the appearing party requests an immediate referral for a trial, the case shall

be promptly referred by the Custody Conciliation Office to Family Court Administration

for scheduling of a trial. If the appearing party requests an immediate referral for a

hearing before a hearing officer, the case shall be promptly referred by the Custody

Conciliation Office to the hearing officer for scheduling of a hearing.

(d) If the complaint or petition has not been served, the office conference may be

rescheduled at the request of the appearing party or parties. The Custody Conciliation

Office will prepare a new notice and order to be filed and served by the appearing party

or parties, along with the petition and complaint and other documents required to be filed

with the complaint.

(e) A scheduled trial shall not be cancelled without leave of court. A motion to

cancel the trial shall be presented to the judge assigned to the custody trial. A scheduled

hearing before a hearing officer shall not be cancelled without leave of court. A motion

to cancel the hearing before a hearing officer shall be presented to the family motion

court judge. If all parties agree to the cancellation, signed consent of the parties shall be

attached to the motion.

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE

RULE 1920.31. CLAIMS FOR CHILD AND/OR SPOUSAL SUPPORT

(a) A claim for child and/or spousal support raised in an action for divorce by complaint,

counterclaim or petition shall be substantially in the form set forth in Pa.R.Civ.P. 1910.27.

(b) Where a claim for child and/or spousal support is raised in an action for divorce, a

true and correct copy of the complaint, counterclaim, or petition by which the claim for child

and/or spousal support is raised shall be filed with the Non-Support Intake Office. The claim for

child support shall be docketed in the Non-Support Intake Office and shall thereafter proceed in

accordance with Pa.R.Civ.P. 1910.1 et seq. and local rules governing proceedings for child

support. The docket entry in the Non-Support Intake Office shall include a reference to the

appearance docket number of the divorce action.

RULE 1920.51. HEARING BY THE COURT. APPOINTMENT OF MASTER. NOTICE

OF HEARING

(a) Upon Motion of either party or upon its own Motion, the Court may appoint a Master

to hear testimony and return the record together with the Report and Recommendation to Court.

The Motion shall be filed with the Office of the Prothonotary. If the Motion is filed by a party,

then the Motion must be accompanied by the appropriate fee, as established by the Court. The

moving party shall certify that all the parties have complied with the requirement of Pa.R.Civ.P.

1920.31, Pa.R.Civ.P. 1920.33 and Pa.R.Civ.P. 1920.46. The Motion and proposed Order

requesting the appointment of a Master shall be in conformity ¼ith Erie L.R. 1920. 74.

(1) Masters shall be appointed in rotation from the list of permanent part-time

Masters appointed as such by the Court to determine issues of divorce, equitable

distribution of property, permanent alimony and all other issues relevant thereto. If all

Court appointed Masters are conflicted out of serving, the Court may appoint a one-time

Master for the hearing. · •

(2) A Master shall be appointed to hear a claim of child and/or spousal support

only upon presentation of an Affidavit of the party supplementing the Motion for

appointment of a Master showing special circumstances which justify a departure from

the procedure of Erie L.R. 1920.16. Should it later appear that special circumstances

justifying referral of a claim for child and/or spousal support do not exist, either party or

the Master may petition the Court to refer the claim to the Non-Support Intake Office.

(3) Upon appointment of a Master to hear issues which require expedited

disposition (including, but not limited to, alimony pendente lite, child and/or spousal

support when referred to a Master, occupancy of the marital residence, maintenance of

insurance policies, and Counsel fees and expenses), a preliminary record hearing will be

held before the Master within thirty (30) days of the entry of the Order appointing a

Master. \Vhere discovery has not been completed or where all documents required to be

filed by Pa.R.Civ.P. 1920.31 have not been filed prior to the preliminary hearing, the

Master may, in their discretion, proceed with the hearing and filing of a report and

recommendations (which may include recommended sanctions for failure to comply ¼ith

Pa.R.Civ.P. 1920.31) or continue the hearing until said documents have been filed.

(b) PRE-HEARING STATUS CONFERENCE

In actions where expedited disposition is not required,

(1) The Master shall within fifteen days after receiving notice of the Master's

appointment schedule a date for a pre-hearing status conference to be held prior to the date of the

Master's hearing and shall give notice of the time and place of the pre-hearing status conference

by First Class Mail to counsel for represented parties and directly to any unrepresented party.

Said notice shall be mailed at least five business days prior to the scheduled date of the

conference. The conference shall be attended by Counsel of Record, only, if all parties are

represented by counsel.

(2) At the pre-hearing status conference, the Master shall review:

(A) The positions of the parties on each Claim, including those issues on

which settlement has been reached;

(B) Discovery which has been completed, including the inventory and

pretrial statements pursuant to Pa.R.Civ.P. 1920.33; hearing;

(C) Any documentary evidence to be presented at the hearing;

(D) The names and addresses of each witness any party proposes to call at

the hearing;

(E) All matters which may be stipulated by the parties at the hearing;

(F) Establish a schedule for filing of Pretrial Narrative Statements,

completion of discovery and any other relevant matters; and

(G) Such other relevant matters as should be raised by either of the parties

or the Master.

(c) POST-STATUS CONFERENCE

(1) After the pre-hearing status conference the Master shall:

(A) Prepare a summary of the discussions and action taken at the pre

hearing status conference, including a statement of any stipulations, and of any matters which

have been settled between the parties and which will not be raised at the hearing before the

Master;

(B) Establish a schedule for the filing or service of any additional

pleadings or discovery which may be deemed necessary and set hearing date(s);

(C) Serve a copy of the summary and filing schedule on counsel for the

parties, or on any unrepresented party; and

(D) Indicate the amount of additional master's fees to be paid by the

litigants prior to hearing.

(d) MASTER'S HEARING

(1) The Master shall establish a hearing date or dates at the pre-hearing status

conference. These dates shall be included in the summary prepared pursuant to Section c (post

status conference), as well as in the formal notice of Master's hearing as required by Pa.R.Civ.P.

1920.Sl(b). At least twenty (20) days written notice of the time and place of any Master's

hearing shall be given to the attorneys of record (or the parties where no attorney has appeared in

the case) by the Master by ordinary mail.

(2) Counsel and parties will be expected to be present and participate during the

entirety of the Master's hearing; otherwise they shall be subject to sanctions or other remedies

deemed appropriate by the Court.

(e) CONTINUANCES

(1) A request shall be granted by the Master if both parties consent in writing.

(2) All other requests for continuance shall be at the discretion of the Master,

unless otherwise ordered by the Court.

(f) SETTLEMENT

(1) In the event the parties reach a negotiated settlement, then both

parties must notify the Master of such agreement in writing, and both parties must request a

postponement or cancellation of the Master's hearing, in order to postpone or cancel the Master's

hearing.

(2) The parties may attend the scheduled Master's hearing at the time scheduled

for the purpose of entering the substance of their agreement on the record.

(g) FEES AND COSTS

(1) The initial fees, costs and compensation of the Master shall be in accordance

with Administrative Order In Re Divorce Masters Miscellaneous Docket No. 90001-07 and any

amendments thereto.

(2) The Master shall determine additional fees due in accordance with the rate set

by the Court and shall require an advance deposit of said amount prior to scheduling any further

hearing. The Master shall have the authority to apportion the additional fees and advance

deposits between the parties prior to trial, and the Master may reapportion such fees in the

Master's Report.

(3) The Master shall receive compensation for a minimum of four hours for each

day of a scheduled hearing that is not either:

(A) Continued in accordance with Erie L.R. 1920.Sl(e); or

(B) Cancelled with notice to the master in writing at least fourteen (14)

days prior to the scheduled hearing date for the reason either that the case has been resolved or

withdrawn.

(4) In the event the Master fails to grant the continuance, the parties may petition

the Court for a continuance. The Court may grant a continuance and will determine the amount

of additional master's fees, if appropriate.

(5) At the conclusion of the case, the Master shall prepare a certification

indicating the amount of Master's fees paid the disposition thereof.

RULE 1920.53. HEARING BY MASTER. REPORT

If the issues of divorce or annulment are raised for determination by the Master, then

these issues shall be first determined prior to a trial on the economic issues.

(a) Where the Master concludes that a recommendation to grant the divorce or annulment

should be filed, the Master shall notify the parties of this conclusion in ,vriting (a copy of which

shall be attached to the Master's report) subsequent to the termination of the hearing(s). The

Master shall forthwith proceed to hear testimony and take evidence on all other matters at issue

in the action prior to the filing of a report and recommendation.

(b) Where the Master concludes that a recommendation to deny the divorce or annulment

should be filed, the Master shall file a report and recommendation in accordance with the terms

of Pa.R.Civ.P. I 920.53(A). No evidence or testimony shall be taken on any other matter at issue

unless and until the Court determines that a divorce or annulment should be granted.

RULE1920.55-2. MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE

(a) In the event exceptions are not timely filed by either party, either party may praecipe

the Court for the entry of a final order.

(b) Where the parties stipulate on the record that additional documentary evidence shall

be submitted subsequent to the hearing(s), the Master shall file the report and recommendation

within thirty (30) days ofreceipt of that evidence or in accordance with Pa.R.Civ.P.

1920.53(a)(l), whichever date is later.

(c) Exceptions must be timely filed at the Office of the Prothonotary, and shall be served

on the opposing party or their counsel of record. Only matters raised on exceptions will be

considered by the Court, and any matters not raised on exceptions shall be deemed to be waived.

(1) Within twenty (20) days of filing the exceptions, the moving party shall file

their request for argument and proposed Order with the Court Administrator.

(2) Both parties shall file their briefs no later than ten (10) days prior to the

scheduled argument. If the briefs are not timely filed, then the Court may dismiss the

exceptions, refuse or limit argument on the exceptions, or enter any other relief deemed

appropriate by the Court.

(3) Copies of exceptions and briefs shall be provided to all counsel of record (or

to a party directly if unrepresented by counsel) the Master and to the Judge.

RULE 1920.73. PRAECIPE TO TRANSMIT RECORD

(a) The Praecipe to Transmit Record shall follow the form set forth in Pa.R.Civ.P.

1920.73(b).

(b) If the parties have dependent children 18 years or under, a copy of the parties'

completion certification form or waiver of the "Children Cope with Divorce" program may be

attached to the Praecipe to Transmit Divorce, if completed by the parties. Although, in

accordance with 23 Pa. C.S. § 5332, the Court may require the parties to attend the program, the

failure of a party to attend the program shall not impede the transmittal of the record. As such,

upon proper praecipe, a final decree may be issued even if one or both parties have not attended

the Children Cope ~ith Divorce" program. Notwithstanding the above, parties who are otherwise

obliged to attend the program by Court Order, must still attend the program.

RULE 1920.74. MOTION FOR APPOINTMENT OF MASTER

MOTION FOR APPOINTMENT OF MASTER

(Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims:

Divorce __Distribution of Property

Annnlment __Counsel Fees

__ Alimony __Costs & Expenses

__ Alimony Pendente Lite __Support

Name, address, and telephone number of opposing counsel or party is:

1. Discovery is complete as to the claim(s) for which the appointment of a master is requested.

(a) Plaintifrs Inventory Filed: _ _ _ _ _ _ _ _ _ __

(b) Defendant's Inventory Filed: _ _ _ _ _ _ _ _ _ __

(c) Plaintiffs Income & Expense Statement Filed:

(d) Defendant's Income & Expense Statement Filed:

If no Inventory and/or Income and Expense Statement has been filed, a copy of the Court Order

allowing appointment of a Master must accompany this Motion.

2. The non-moving party (has) (has not) appeared in the action (personally) (by his attorney,

_ _ _ _ _ _ _ _ _ , Esquire).

3. The Statutory ground(s) for divorce (is) (are) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

4. Delete the inapplicable paragraph(s):

(a) The action is not contested.

(b) An agreement has been reached with respect to the following claims: _ _ _ _ __

(c) The action is contested with respect to the following claims: _ _ _ _ _ _ _ __

5. The action (involves) (does not involve) complex issues of law or fact.

6. The bearing is expected to take ____ (hours) (days).

7. The full name, address and telephone number of the non-moving party (or their attorney, if

represented) is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

8. Additional information, if any, relevant to the motion: _ _ _ _ _ _ _ _ _ _ _ _ __

As the moving party or attorney for the moving party, I certify that all parties have complied with

the requirements of Pa.R.Civ.P. 1930.5 (Discovery), 1920.31 (Filing oflncome & Expense Statement),

1920.33 (Filing of Inventory), and 1920.46 (Military Service).

DATE: _ _ _ _ _ _ __

Signature of moving counsel or

party Typed Name, Address and

Phone

ORDER:

IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

PLAINTIFF, )

Plaintiff )

)

V. ) No. 11390 - 2005

)

DEFENDANT, )

Defendant )

ORDER APPOINTING MASTER

AND NOW, this _ _ __uay of _ _ _ _ _ _ _ __, 20_ _, upon consideration of

the foregoing Motion for Appointment of Master, it is hereby Ordered, Adjudged and Decreed

that,,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Esquire, is hereby appointed Master with

respect to all claims ofrecord as of the time_ofthe Master's hearing and all issues otherwise

raised or preserved by the pleadings.

BY THE COURT:

RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

RULE 1930.4. SERVICE OF ORIGINAL PROCESS IN DOMESTIC RELATIONS

MATTERS

Service of process in domestic relations matter shall be in accordance with Pa.R.Civ.P

1930.4.

MINORS AS PARTIES

RULE 2039. COMPROMISE, SETTLEMENT, AND DISCONTINUANCE

(a) All petitions presented for the compromise, settlement, discontinuance and

distribution in minors' actions shall be submitted to:

(1) The assigned judge, where there is a civil action pending; or

(2) A judge in the Orphans' Court Division where there is no civil action

pending.

(b) All approved petitions shall be filed in the Office ofthe Prothonotary. The guardian

of the minor shall file a certified copy of the petition and approving order in the

Office of the Register of Wills under the name of the minor.

(c) In cases where no action has been filed, all petitions and orders approving

settlement shall be filed in the Office ofthe Register of Wills under the name ofthe

minor.

INCAPACITATED PERSONS AS PARTIES

RULE 2064. COMPROMISE, SETTLEMENT, AND DISCONTINUANCE

(a) All petitions presented for compromise, settlement, discontinuance and/or

distribution in actions filed by or on behalf of incapacitated individuals shall be

submitted to:

(1) The assigned judge, where there is a civil action pending; or

(2) A judge in the Orphans' Court Division where there is no civil action

pending.

(b) All approved petitions shall be filed in the Office ofthe Prothonotary. The guardian

of the incapacitated individual shall file a certified copy of the petition and

approving order in the Office of the Register of Wills under the name of the

incapacitated individual.

(c) In cases where no action has been filed, all petitions and orders approving

compromise, settlement, discontinuance or distribution shall be filed in the Office

of the Register of Wills under the name of the incapacitated individual.

ACTIONS FOR WRONGFUL DEATH

RULE 2205. NOTICE TO PERSONS ENTITLED TO DAMAGES

The notice shall in all cases be served personally or by registered mail upon 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 them, after diligent search, in which

case the plaintiff shall cause the notice to be advertised once in the newspaper of general circulation

published in Erie County, and once in the Erie County Legal Journal. Affidavit of service ofnotice

shall be filed.

RULE 2206. COMPROMISE, SETTLEMENT, AND DISCONTINUANCE

(a) All petitions for the compromise, discontinuance or settlement of wrongful death

claims in which a minor or incapacitated person has an interest shall be submitted

for approval to:

(1) The assigned judge, where there is a civil action pending; or

(2) A judge of the Orphans' Court Division where there is no civil action

pending.

(b) The petition and Order approving the petition in pending actions shall be filed with

the Prothonotary and certified copies of the same shall be filed with the Register of

Wills in the name of the minor or incapacitated person.

(c) The petition and Order approving the petition where there is no pending action shall

be filed with the Register of Wills in the name of the minor or incapacitated person.

ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

RULE 3136. DISTRIBUTION OF PROCEEDS OF SALE OF REAL PROPERTY

(a) Upon filing the proposed schedule of distribution, the Sheriff shall immediately

mail a copy of the proposed schedule of distribution including a copy of the list of

liens, clearly indicating thereon the date on which the proposed schedule of

distribution was filed, to all parties and lien creditors, as well as to any other persons

in interest as set forth in the Pa.R.Civ.P. No. 3129.l(b)Affidavit.

(b) The Sheriff shall include with the copy of the proposed schedule of distribution

transmitted to the Prothonotary a copy ofthe list ofliens and a copy ofthe certificate

or guaranty required by Pa.R.Civ.P. 3136(c).

RULE 3252. WRIT OF EXECUTION - MONEY JUDGMENTS

A writ of execution shall contain the following designation as the organization available to

receive requests for free legal help:

Lawyer Referral & Information Service

P.O. Box 1792 Erie, PA 16507

814/459-4411

Mon-Fri

8:30 a.m. -12:00 p.m. and 1:15-- 4:00 p.m.

RULE 3282. DEFICIENCY JUDGMENTS

(a) Petitions pursuant to 42 Pa. C.S.A. § 8103, as amended, to fix the fair market value

of real property bought by a plaintiff at a sheriff sale shall disclose in addition to

the requisites of Section 8103, the following:

(1) The date of the sheriffs sale;

(2) The date ofentry and the amount ofjudgment entered in the proceeding and

the amount of the interest due thereon to the date of the sheriffs sale and

the costs of the proceedings upon which the said judgment was obtained;

and

(3) An itemized statement of all prior liens, costs, taxes, municipal claims not

discharged by the sale, and the amount ofany such items paid at distribution

on the sale.

(b) The service of the petition shall be in accordance with Pa.R.Civ.P. 3283.

DEPOSITIONS AND DISCOVERY

RULE 4002. AGREEMENT REGARDING DISCOVERY OR DEPOSITION

PROCEDURE

(a) Unless otherwise provided in writing or in the transcript, all objections except as to

the form of the questions are reserved until the trial of the matter.

(b) Unless otherwise provided in writing or in the transcript, the parties shall be deemed

to have waived their right to require inspection, reading and signature to the

transcript by the person whose oral deposition is being taken.

RULE 4007.1 PROCEDURE IN DEPOSITION BY ORAL EXAMINATION

Prior to scheduling any discovery deposition, counsel should first attempt to arrange a date

and time satisfactory to all counsel. Only ifa mutually convenient date and time cannot be arranged

after a good faith effort to do so may the counsel scheduling the deposition select a date and time

without the consent of the other parties. Unless ordered by the court, or as otherwise permitted by

the Pennsylvania Rules of Civil Procedure, any discovery deposition not scheduled upon consent

of the parties may be scheduled only after 1;vritten notice has been given by the party scheduling

the deposition to opposing counsel and any unrepresented party. The written notice must be served

upon opposing counsel and on any unrepresented party by hand delivery, fax transmission or first

class United States mail at least 14 days prior to the date scheduled for the deposition.

RULE 4007.4. SUPPLEMENTING RESPONSES

No special prior order of Court shall be necessary for the Court to enforce those duties set

forth in Pa.R.Civ.P. 4007.4 (1) or (2) by appropriate relief at time of or during the trial.

RULE 4017.1. VIDEOTAPE DEPOSITIONS

(a) If a videotape deposition is to be offered by any party at trial and such videotape

deposition has been completed prior to the settlement conference, the party offering

same shall inform the Court at the settlement conference, or before, of any

unresolved objections in order that the Court may schedule an editing session prior

to trial.

(b) If any such videotape deposition is taken after the settlement conference, the party

desiring to offer said deposition shall immediately notify the Court ofthe deposition

and the evidentiary issue in order that the Court may schedule an editing session.

GUIDELINES FOR THE CONDUCT OF ARBITRATION IN UNINSURED AND

UNDERINSURED MOTORIST CLAIMS

I. Preamble

The Civil Rules Committee of the Erie County Bar Association submits the following

guidelines as suggested rules of conduct and of procedure that may be utilized in uninsured and

underinsured motorist claims. Since UM and UIM arbitrations fall outside of the rule-making

jurisdiction and power of the Pennsylvania courts, the application of these guidelines will be

dependent upon the agreement of the parties and the authority bestowed upon the arbitrators by

the applicable insurance contract documents.

II. Disqualification of Arbitrators

An arbitrator shall be disqualified if their impartiality can reasonably be questioned,

including but not limited to instances where:

(a) The individual attorney, or a lawyer with whom they practice, currently represents any

of the parties in any legal matters;

(b) The individual attorney has a personal bias or prejudice concerning a party;

(c) The individual attorney has personal knowledge of disputed evidentiary facts;

(d) The individual attorney served as a lawyer in the matter in controversy, or a lawyer

with whom they practice law served as a lawyer concerning the matter;

(e) The individual attorney knows that either themself, individually or as a fiduciary, or

their spouse or minor child residing in their household, has a substantial financial interest in the

subject matter in controversy or in a party to the proceeding, or any other interest that could be

substantially affected by the outcome of the proceeding.

III. Arbitrator's Conduct

Arbitrators shall conduct themselves in accordance with all applicable prov1s10ns of the

Pennsylvania Code of Judicial Conduct and, in particular, with the following provisions of Canon

3 of the Code of Judicial Conduct, as modified:

1. An arbitrator shall be faithful to the law of Pennsylvania and maintain professional

competence in it. An arbitrator shall be unswayed by partisan interests, by the party whom

appointed him or by fear of criticism. An arbitrator should be impartial, should not be an

advocate for the party appointing him and should independently evaluate the UM or UIM

claim.

2. An arbitrator should maintain proper order and decorum.

3. An arbitrator should be patient, dignified and courteous to litigants, witnesses, lawyers and

others with whom they deal in an official capacity, and should require similar conduct of

lawyers, the arbitrator's staff, and others subject to their direction and control.

4. An arbitrator should accord to every person who is legally interested in a proceeding and

to their lawyer the full right to be heard according to law and, except as authorized by law,

shall not consider ex parte communications concerning a pending proceeding.

5. An arbitrator should dispose promptly of the business of the arbitration.

6. An arbitrator should abstain from public comment on a pending arbitration and should

require similar abstention by personnel subject to their direction or control.

IV. Communications Between Parties and Arbitrators

A. Ex parte communication between counsel for any party and any of the arbitrators

shall be limited to disclosure of the following:

1. Whether the nature of proceedings is an uninsured motorist claim or

underinsured motorist claim;

2. The names of parties involved;

3. The names of opposing counsel and the arbitrator chosen by opposing

counsel (if known);

4. The names of proposed neutral arbitrators;

5. The arbitrator's fee; and

6. The scheduling of the arbitration hearing.

B. There shall be no communication with any arbitrator outside of the arbitration

hearing of matters which might tend to influence the ultimate decision of the

arbitrators, including, but not limited to, the nature and the merits of the claim, the

amount(s) paid on behalf of the third party tortfeasor(s), the monetary limits of

insurance policies (whether UM or UIM), any legal issues and settlement

discussions.

C. Communication between neutral arbitrators and any party and their counsel shall

be limited to only those matters necessary to permit the neutral arbitrator to perform

their administrative duties and duties as chairperson of the arbitration panel.

Whenever possible, communication shall not be ex parte and, in the event of an

unavoidable ex parte communication, disclosure of it shall be made as soon as

practicable to all other interested parties and counsel.

V. Prehearing Discovery

A. Unless otherwise agreed, all preheating discovery shall be governed by the terms

of the applicable insurance policy and the discovery provisions of the Pennsylvania Rules

of Civil Procedure. The parties shall attempt to informally resolve all requests and disputes

relating to discovery. Any party may submit, in writing, a request to the arbitration panel

to enforce a discovery request. The arbitration panel shall, to the extent applicable, follow

the Pennsylvania Rules of Civil Procedure in ruling on any such request.

A. To the extent permitted by Pennsylvania law, the neutral arbitrator may issue wTi.tten

subpoenas for the purposes of discovery. All requests for the issuance of a subpoena

shall be submitted in writing to the neutral arbitrator, with copies being sent to the

remaining arbitrators and to opposing counsel.

B. Unless otherwise directed by the arbitration panel, the parties shall exchange the

following information and things at least twenty (20) days prior to the date set for the

arbitration.

1. A report of any expert that a party intends to call as a witness, which sets forth

the substance of the facts, findings or opinions of each expert and a summary

of the grounds or reasons for each such finding or opinion.

2. The name, address and telephone number of all witnesses the party expects to

call.

3. Copies of all exhibits the party intends to offer into evidence.

VI. Implementation of Standards

A. Counsel for the parties and the arbitrators shall forward to all other parties and arbitrators

their signed copy ofthe agreement to be bound by these Standards of Professional Conduct.

B. At the opening of the UM or UIM arbitration hearing, the neutral arbitrator shall ask each

of the other arbitrators to confirm that they have complied with these standards or to reveal

any aspect in which they have not.