Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 430(b)

The Fayette Legal Journal shall be the legal periodical for the publication of all

legal advertisements and notices required by statute, rule or special order of Court.

RULE 1018.1

NOTICE TO DEFEND

The organization and agency to be named in the notices accompanying

complaints and in the notice of praecipe for entry of default judgment filed in the Court

of Common Pleas of Fayette County, shall be:

Pennsylvania Lawyer Referral Service

Pennsylvania Bar Association

100 South Street

P. O. Box 186

Harrisburg, PA 17108

Telephone: 1-800-692-7375

NOTE: Amended January 21, 1998, effective February 2, 1998.

RULE 1028

NOTE: Rescinded June 29, 2004, effective July 26, 2004.

RULE 1028(c)

PRELIMINARY OBJECTIONS

(a) Any party to any proceeding may file preliminary objections to any

pleading pursuant to PA.R.C.P. 1028(a). Such preliminary objections must be filed

within twenty (20) days of the service of the pleading to which the moving party is

objecting. A timely filing of an amended pleading by the non-moving party shall render

the preliminary objections moot in accordance with Pa.R.C.P. 1028(c)(1)(I).

(b) In the event the preliminary objections properly raise an issue of fact

under Pa.R.C.P. 1017(a)(4) and Pa.R.C.P. 1028(c)(2) then the non-moving party shall

file its response within twenty (20) days after service of the preliminary objections.

(c) In the event an amended pleading is not timely filed by the non-moving

party, the preliminary objections shall be presented in Motions Court pursuant to FCR

208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by

a proposed Order.

(d) Upon agreement of the parties, the preliminary objections may be

submitted as a priority Motion for disposition by the Court at that time. The parties shall

be permitted no more than three (3) minutes to orally present their positions on the

issues raised and any briefs or memorandums the parties wish for the Court to consider

shall be submitted to the Court at that time. Otherwise, the preliminary objections shall

be presented by the moving party as a routine Motion accompanied by a proposed

Order. Upon receipt of such a Motion, the Court shall establish a briefing schedule, and,

if deemed necessary by the Court, an argument date for disposition of the preliminary

objections. If the preliminary objections properly raise an issue of fact, the Court shall

enter an Order establishing the procedure to be followed for the making of a factual

record, for the briefing of the issues raised, and for setting an oral argument date and

time, if deemed necessary by the Court.

(e) All briefs shall be served on all other parties to the case and on the

assigned Judge. A certificate of service shall be filed with the Prothonotary but the brief

itself shall not be filed of record. Failure to comply with the briefing schedule may result

in the denial of oral argument or such other sanctions as the Court deems appropriate.

(f) Failure of a party to comply with the requirements of these rules may

result in either the entry of the relief requested or the denial of such relief as the

circumstances may warrant.

NOTE: Adopted June 29, 2004, effective July 26, 2004. Amended March 9,

2010, effective March 22, 2010. Amended February 25, 2015, effective February

28, 2015.

RULE 1034

NOTE: Adopted June 8, 2004. Amended June 18, 2004, effective July 26,

2004. Rescinded June 29, 2004, effective July 26, 2004.

RULE 1034(a)

JUDGMENT ON THE PLEADINGS

(1) A Motion for Judgment on the Pleadings shall be presented in Motions

Court as a Routine Motion within ten (10) days after the date on which a response is

due from the non-moving party, accompanied by a proposed order for the Court’s use in

setting the date and time for argument. A response to the motion shall be filed within 20

days after service of the same.

(i) Unless otherwise ordered, the brief of the moving party shall be

served on all parties and the assigned Judge within fifteen (15) days from the

presentation of the motion pursuant to FCR 208.3(a); and the briefs of all

responding parties shall be served on all other parties and the assigned Judge

within fifteen (15) days after service of the moving party’s brief. A certificate of

service shall be filed with the Prothonotary, the brief itself need not be filed.

(ii) Failure to comply with the briefing schedule may result in the

denial of oral argument or such other sanctions as are appropriate.

NOTE: Adopted June 29, 2004, effective July 26, 2004.

RULE 1035.2

NOTE: Adopted June 8, 2004. Rescinded June 29, 2004, effective July 26,

2004.

RULE 1035.2(a)

SUMMARY JUDGMENT

(1) A Motion for Summary Judgment shall be presented in Motions

Court as a Routine Motion within ten (10) days after a response is due from the non-moving party, accompanied by a proposed order for the Court’s use in setting the date

and time for argument.

(i) Unless otherwise ordered, the brief of the moving party shall

be served on all parties and the assigned Judge within fifteen (15) days

from the presentation of the motion pursuant to FCR 208.3(a); and the

briefs of all responding parties shall be served on all other parties and the

assigned Judge within fifteen (15) days after service of the moving party’s

brief. A certificate of service shall be filed with the Prothonotary, the brief

itself need not be filed.

(ii) Failure to comply with the briefing schedule may result in

the denial of oral argument or such other sanctions as are appropriate.

NOTE: Adopted June 29, 2004, effective July 26, 2004.

RULE 1042

NOTE: Rescinded September 20, 2010.

ARBITRATION

RULE 1301

COMPULSORY ARBITRATION: CASES COVERED

(a) Any civil action where the amount in controversy is Fifty Thousand

($50,000) Dollars or less and title to real estate is not involved, shall be submitted to

compulsory arbitration pursuant to Section 7361 of the Judicial Code, 42 Pa.C.S.

Section 7361, and Rules 1301 to 1314 of the Pennsylvania Rules of Civil Procedure, as

well as these rules.

(b) The amount in controversy in any action shall be deemed to exceed

Fifty Thousand ($50,000) Dollars if any count in the complaint or counter-claim

demands an amount in excess of Fifty Thousand ($50,000) Dollars.

(c) Notwithstanding the amount demanded, if the Court determines that the

amount in controversy does not exceed Fifty Thousand ($50,000) Dollars for the

purposes of these rules; the Court shall order the matter to arbitration.

(d) If separate actions are consolidated for trial and the amount in controversy

in any of these actions exceeds Fifty Thousand ($50,000) Dollars, arbitration shall not

apply.

(e) If the same transaction or occurrence, or series of transactions or

occurrences, give rise to more than one cause of action and separate actions have

been commenced, all such actions shall be consolidated for arbitration and heard

together. Before proceeding with any hearing, the board of arbitration shall inquire of the

parties whether any other action has been commenced.

NOTE: Amended March 11, 1996, effective April 29, 1996. Amended

November 8, 2005, effective January 1, 2006. Amended July 27, 2006,

effective September 11, 2006.

RULE 1302

COMPULSORY ARBITRATION: ARBITRATORS

(a) The Court Administrator shall maintain a roster of arbitrators, which shall

include all attorneys as set forth in subparagraph (c) herein.

(b) The roster of arbitrators shall be divided into two lists, designated "chair'

and "arbitrator". The chair list shall consist of qualified attorneys who have been actively

engaged in civil trial practice for at least (5) years. The arbitrator list shall consist of all

other qualified attorneys.

(c) All attorneys who are actively engaged in the practice of law in Fayette

County shall be listed on the roster of arbitrators unless:

(1) Upon petition, they have requested to be removed from the list by

court order; or

(2) They have been removed from the list for some other reason by

court order.

(d) The Court may remove any attorney from the roster of arbitrators, or either

of its lists, as the Court deems appropriate, upon cause shown

(e) Each arbitrator shall be paid the sum of Two-hundred ($200.00) Dollars a

day for each morning and afternoon session attended or One Hundred ($100.00) for

each morning or afternoon session attended. In cases requiring lengthy hearings or

involving unusual questions of law or fact, the Court may, on petition of the arbitrators,

increase their fees to an amount that will reasonably compensate them for necessary

services performed.

(f) To each board of arbitration the Court Administrator shall appoint three (3)

arbitrators. The first arbitrator shall be from the chair list; the second from the arbitrator

list, and the third may be from either list. The Court Administrator shall select arbitrators

from the lists in rotation and in such fashion that, as nearly as possible, each attorney is

selected once before any other attorney is selected to serve again.

(g) No more than one member of any firm or association of attorneys or one

of any group of attorneys sharing a suite of offices shall be appointed to any one board

or arbitration.

(h) An arbitrator may be excused from serving only by order of Court. If an

arbitrator fails, without reasonable cause, to perform his scheduled duties, his name will

be removed from the roster of arbitrators.

(i) If an arbitrator is excused or fails to appear or is unable to continue to act,

the Court Administrator will appoint a substitute from the same list.

(1) The appointment of a board of arbitration shall be substantially in

the following form:

(caption)

APPOINTMENT OF BOARD OF ARBITRATION

The following are appointed to a board of arbitration:

_____________________________________________

_____________________________________________

_____________________________________________

The board will convene on

Date: _________________ __________________________________

COURT ADMINISTRATOR

NOTE: Amended March 15, 2001, effective May 6, 2001.

RULE 1303

COMPULSORY ARBITRATION: INITIATION, SCHEDULING,

HEARINGS AND CONTINUANCES

(a) The Court Administrator shall designate the third and fourth Tuesday of

each calendar month as arbitration day. In the event it conflicts with Criminal or Civil

Court Trial Sessions, the Court Administrator shall designate an alternate date and

advise all parties thereof.

(b) For each arbitration day, the Court Administrator shall appoint a board of

arbitration. The Court Administrator shall appoint an additional board or boards if the

Court Administrator determines that the number of pending cases so requires. The

Court Administrator shall notify all arbitrators of their appointment at least thirty (30)

days before the arbitration day involved.

(c) When arbitration is ordered in any case, the Court shall schedule that

case to be heard on the next arbitration day which is at least forty-five (45) days

thereafter.

(d) The Court Administrator will prepare a list of cases scheduled to be heard

on each arbitration day. Cases shall be listed in chronological order according to the

date on which arbitration was ordered. The list shall include the name of the attorney for

each party. A copy of the list will be posted in the Prothonotary's office. At least thirty

(30) days before the arbitration day, the Court Administrator will furnish to each

arbitrator appointed to serve on that day, to each attorney involved, and to any party not

represented by counsel a copy of the list as well as a roster of each board appointed to

sit on that day and notice of the place each board will sit.

(e) The senior arbitrator from the chair list shall chair a board of arbitration.

(f) The arbitration procedure is intended to be economical for the parties and,

therefore, the proceedings are abbreviated and somewhat less formal. The

consequences to the litigants are nevertheless of great significance. To assure that all

present understand the seriousness of the proceedings, the arbitrators will conduct their

proceedings with appropriate dignity and decorum at all times.

(g) Each board of arbitration shall hear cases in the order in which they

appear on the list for the day. If more than one board is sitting on the same day, when a

board completes one case, it will take the next case remaining on the list.

(h) Each board of arbitration will convene at 9.30 o'clock A.M. and will remain

in session until 4:00 o'clock P.M., or such earlier time as all cases on the list have been

heard. The lunch recess will ordinarily be from noon until 1:30 o'clock P. M. and, unless

the parties consent, no case will be called to start during that period.

(i) If an arbitrator is unable to hear a particular case because of a conflict of

interest, the case will be heard by another board of arbitration sitting on the same day. If

no other board is sitting on that day, the case will be continued to the next arbitration

day.

(j) Each board of arbitration shall file its award in each case with the

Prothonotary not later than noon of the next business day after the hearing is

concluded.

(k) When it is not possible to conclude a hearing on the day on which it

commences, the board of arbitration will fix the time and place to resume the hearing.

Each hearing will be completed within ten (10) days after the arbitration day unless the

Court allows a longer time.

(l) The Court Administrator will coordinate the hearings on each arbitration

day. At the conclusion of its hearings on any day, each board will report to the Court

Administrator its disposition of the cases heard by it.

(m) If a party is not prepared to proceed when his case is called to be heard,

the board of arbitration shall hear the parties who are present and decide the case on

the basis of their evidence. If none of the parties is prepared to proceed when a case is

called to be heard, the board of arbitration shall enter an award for the defending parties

on each count.

(n) Continuances shall be granted by the Court upon cause shown. There

shall be no continuances granted on the date of the hearing except for emergencies.

(o) A $25.00 fee shall be charged for continuances. No continuance shall be

granted without payment of the required fee unless waived by the Court. Proof of

payment shall be attached to the motion when presented in accordance with Fayette

County Rule 208.3.

NOTE: Amended May 30, 2002, effective July 22, 2002. Amended December

19, 2003, effective February 10, 2004. Amended December 16, 2008, effective

February 2, 2009.

RULE 1308

COMPULSORY ARBITRATION: APPEALS

For the purpose of filing an appeal from the award of arbitrators, the

compensation of the arbitrators shall be deemed to be Three Hundred

($300.00)Dollars. The Prothonotary, within fifteen (15) days, shall forward a copy

of the appeal to the judge assigned to that case.

NOTE: Amended March 15, 2001, effective May 6, 2001. Amended October

4, 2004, effective November 22, 2004.

PARTITION

RULE 1559

NOTICE OF MASTER'S HEARING IN PARTITION

The master shall give all parties or their attorneys at least ten (10) days notice of

the time and place of the master's hearing, in the manner provided by Pa.R.C.P. No.

440.

RULE 1566

NOTICE OF PROPOSED PARTITION

The master shall give all parties or their attorneys preliminary notice of the

proposed partition and allotment of purports or the inability to partition the property in

the manner provided by Pa.R.C.P. No.440.

RULE 1568

NOTICE OF PUBLIC SALE IN PARTITION

The master shall give notice of the time, place, and terms of a sale of real estate

at public auction, not confined to the parties, by publication once each week for three

consecutive weeks in one daily newspaper of general circulation within the county and

in The Fayette Legal Journal, by posting the premises to be sold, and by the circulation

of at least fifty (50) printed handbills among persons who may be known to be interested

in buying the property and among persons residing in the neighborhood in which it is

located. If the real estate lies in different counties, the first publication shall be made at

least sixty (60) days before the date of sale.

RULE 1569

NOTICE OF FILING MASTER'S REPORT IN PARTITION

When the master's report is prepared the master shall, in the manner provided by

Pa. R.C.P. No.440, give all persons in interest or their attorneys at least ten (10) days

notice of the date on which the master's report and proposed decree are to be filed.

RULE 1573

NOTICE OF FILING RETURN OF SALE IN PARTITION

When the master has conducted a public sale the master shall, in the manner

provided by Pa.R.C.P. No.440, give all persons in interest or their attorneys at least ten

(10) days' notice of the date on which the return of sale and proposed decree are to be

filed.

ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

RULE 1901.1-1

ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Pursuant to the authority set forth in the Protection From Abuse Act of

December 19, 1990, P. L. 1240, as amended, 23 Pa.C.S. Sec. 6101 et seq., the

following practices, procedures, and rules are promulgated.

It is the purpose and policy of the Court of Common Pleas of Fayette

County, Pennsylvania, to implement and effectuate the Protection From Abuse

Act and its amendments to protect victims from abuse; to streamline and facilitate

enforcement; to establish duties upon the Prothonotary, Sheriff, District Justices,

Prison, Warden, Crime Victim/Witness Coordinator, and police departments; and

to provide emergency relief.

1901.1-2

COMMENCEMENT IN COURT

(a) A petition for Protection From Abuse (PFA) shall be presented to the Court

as a routine motion in accordance with Fayette County Rule 208.3 and assigned to the

PFA Judge who will schedule a hearing on the petition.

(b) If the petition seeks temporary relief for protection from abuse and alleges

immediate and present danger of abuse to the plaintiff and/or minor children, the same

shall be presented directly to the assigned PFA Judge on any business day from 8:30

A.M. through 3:00 P.M.; the PFA Judge will, at the earliest possible time consistent with

his/her schedule, conduct an ex parte

proceeding. Thereafter, the Court may enter such temporary order, as it deems

necessary to protect the plaintiff and/or minor children pending hearing on the

petition.

(c) Assistance and advice to plaintiffs not represented by counsel.

(1) Petition forms and written information referring individuals to the local

domestic violence program, Southwestern Pennsylvania Legal Aid Society, and

Fayette County Bar Association Lawyer Referral Service shall be provided by the

Prothonotary.

(2) Clerical assistance in the preparation and filing of the

petition shall be provided by the local domestic violence agency, if available.

(3) PFA petition forms and instructions are available in the Fayette

County Law Library or on the website of the Administrative Office of

Fayette County Courts at www.co.fayette.pa.us.

NOTE: Amended, November 19, 2014, Effective January 12, 2015.

1901.1-3

EMERGENCY RELIEF BY THE MINOR JUDICIARY

(a) From 3:00 P.M. each day to the resumption of business at 8:30

A.M. the next morning; from 3:00 P.M. of the last day of the business week to 8:30 A.M.

of the first day of the next business week; during any holiday; and at any other time that

the assigned PFA Judge is declared to be unavailable, a Petition for Protection from

Abuse seeking ex parte emergency relief based upon an allegation of immediate and

present danger of abuse to the plaintiff and/or minor children shall be filed with the

Magisterial District Judge in the district where the plaintiff lives or, when unavailable,

with the court ordered Duty Magisterial District Judge, who may grant relief in

accordance with the Act.

(b) Magisterial District Judge.

(1) The Magisterial District Judge shall provide petition forms and assist in

the preparation thereof.

(2) If, following an ex parte proceeding, the Magisterial District Judge

determines that emergency relief is warranted; he/she shall issue an emergency

order.

(3) The Magisterial District Judge shall certify the emergency order issued

and the petition to the Court.

(4) The Magisterial District Judge shall advise the plaintiff that the

emergency order will expire at 3:00 P.M. on the next business day of Court.

(5) The Magisterial District Judge shall advise the plaintiff that the plaintiff

is responsible for obtaining the certified record from the Magisterial District Judge

and for filing the certified record with the Prothonotary on the next business day

of Court.

(c) Prothonotary.

(1) The Prothonotary shall accept the certified record from the plaintiff

for filing without the payment of fees.

(2) The Prothonotary shall provide the plaintiff with a verified statement

form which must be completed by the plaintiff setting forth the abuse by the

defendant, if the abuse has not already been set forth in the Petition for

Emergency Order.

(3) The Prothonotary shall provide the plaintiff with a copy of the

petition, verified statement and emergency order and advise the plaintiff to

present same to the assigned PFA Judge for ex parte proceedings as provided

for in 1901.1-2(b).

NOTE: Amended November 19, 2014, effective January 12, 2015.

1901.1-4

SERVICE OF PETITION AND ORDER

(a) The plaintiff shall ensure that the petition and order are promptly served

upon the defendant and that the order is served upon the police department with

appropriate jurisdiction to enforce the order.

(b) Where the plaintiff avers that service cannot be safely effectuated by an

adult individual other than a law enforcement officer, the Sheriff of Fayette County shall

serve the petition and order on the defendant. The Sheriff shall advise the Court that

service has been effectuated as well as the cost therefor.

(c) Where the plaintiff avers that service of an emergency order cannot be

safely effectuated by an adult individual other than a law enforcement officer, the District

Justice issuing the order shall have the same served by a constable at the initial

expense of the county. The constable shall file a return of service as well as the cost

therefor.

1901.1-5

ARREST FOR VIOLATION OF ORDER

(a) Upon arrest for violation of a PFA order or court approved consent

agreement, the defendant shall be taken, without unnecessary delay, to the District

Justice in the district where the alleged violation occurred, or if unavailable, to the court

ordered Duty District Justice for preliminary arraignment and bail pursuant to the

Pennsylvania Rules of Criminal Procedure.

At the preliminary arraignment the defendant shall be notified

(1) That he is charged with indirect criminal contempt for violation of a

PFA order or court approved consent order, and

(2) That he is entitled to be represented by counsel and, if unable to

afford counsel and otherwise qualifies, a Public Defender will be appointed.

(b) Immediately following the preliminary arraignment, the District

Justice shall provide the arresting officer and the defendant with written notice of

the time and date for hearing on the charge. The written notice shall be signed by

each.

(c) It shall be the duty of the arresting officer to notify the plaintiff of the

time and date for hearing.

(d) The District Justice shall cause the following completed forms to be

delivered to the Clerk of Courts prior to the scheduled hearing.

(1) Criminal complaint;

(2) Probable cause affidavit, if any;

(3) Warrant of arrest, if any;

(4) Certificate of bail, if required, and discharge of commitment; and

(5) Receipts for notice of hearing.

(e) When the defendant has been arrested without a warrant for a PFA

violation, a criminal complaint shall be filed against the defendant prior to the

preliminary arraignment.

(f) Where the police officer has been unsuccessful in his attempts to locate

the defendant, the officer shall file a criminal complaint and affidavit of probable cause

with the District Justice where the alleged violation occurred, or if unavailable, with the

court ordered Duty District Justice who shall issue a warrant of arrest for the defendant.

1901.1-6

PRIVATE CRIMINAL COMPLAINT FOR VIOLATION OF ORDER OR

AGREEMENT

(a) A private criminal complaint shall be filed with the District Justice in the

district where the alleged abuse occurred, or if unavailable, with the court ordered Duty

District Justice.

(b) The approval of the District Attorney is not required prior to the filing of a

criminal complaint under this section.

(c) The procedure for filing a private criminal complaint for indirect criminal

contempt for violation of a non-economic provision of an order or court approved

consent agreement pursuant to Section 6113.1 of the Act is as follows:

(1) District Justice.

(i) The District Justice shall provide the complaint form and

assist in the preparation thereof.

(ii) The District Justice shall set a date for hearing

consistent with the schedule of the PFA Judge and prepare a notice

of hearing.

(iii) The District Justice shall provide the plaintiff with a copy of

the private criminal complaint and notice of hearing, receipt of which shall

be acknowledged in writing by the plaintiff.

(iv) The District Justice shall serve a copy of the private

complaint and notice of hearing on the defendant by certified mail return

receipt requested.

(v) The District Justice shall notify the District Attorney that the

return receipt has been received or that the criminal complaint has been

returned undelivered.

(2) Clerk of Courts.

(i) The Clerk of Courts shall process the documents received

from the District Justice and forward them to the PFA Judge.

1901.1-7

OUT OF COUNTY ORDERS

(a) A PFA order issued by a District Justice or Court in another judicial

district within the Commonwealth or PFA order issued by a comparable court in another

state shall be enforced in the same manner as a PFA order entered by a Fayette

County Court provided, however, that such order has been properly recorded in the

Registry of the Pennsylvania State Police, or until a Pennsylvania State Police Registry

has been established, has been properly registered with the Prothonotary of Fayette

County.

(b) Until the Pennsylvania State Police Registry is established and fully

operational, the Prothonotary shall maintain a Registry in which shall be entered

certified copies of protection from abuse orders issued by a court in another judicial

district within the Commonwealth or a comparable court in another state.

(1) A valid PFA order may be registered by the plaintiff by obtaining a

certified copy of the order of the issuing court endorsed by the Prothonotary of

that court and by presenting that certified order to the Prothonotary or Clerk of

Fayette County for filing.

(2) Upon receiving a certified order for registration and upon

completion of filing and registration, the Prothonotary shall provide the plaintiff

with a copy bearing proof of registration, which copy shall then be filed by the

plaintiff with the appropriate law enforcement agency.

(3) No costs shall be assessed for registration of an order.

(4) Registration of PFA orders shall not be required upon the

establishment and operation of the Pennsylvania State Police Registry.

1901.1-8

CIVIL CONTEMPT

(a) A plaintiff may file a petition for civil contempt alleging that a defendant

has violated any provision of an order or a Court-approved consent agreement.

(b) A petition for civil contempt shall be presented to the court as a routine

motion in accordance with Fayette County Rule 211 and assigned to the issuing judge

who will schedule a hearing on the petition.

1901.1-9

NOTIFICATION UPON RELEASE

(a) The Warden of the Fayette County Prison shall use all reasonable means

to notify the plaintiff sufficiently in advance of the release of the defendant from any

incarceration imposed as a result of a finding of contempt.

(b) Notification shall be required for work release, furlough, medical leave,

community service, discharge, escape and recapture. Notification shall include terms

and conditions imposed on any temporary release from custody. The plaintiff shall keep

the Warden of the Fayette County Prison and Crime Victim/Witness Coordinator

apprised of contact information; failure to do so will constitute a waiver of any rights to

notification under these provisions.

NOTE: Adopted January 20, 1998, effective March 16, 1998.

ACTION FOR CUSTODY, PARTIAL CUSTODY, AND VISITATION OF

MINOR CHILDREN

RULE 1915.1

SCOPE

(a) This rule shall apply to any action for custody, partial custody, or visitation,

whether filed as an independent cause of action or as a count in a related proceeding.

(b) Upon the filing of any complaint, petition, or motion relating to child

custody, partial custody or visitation, in which there is no agreed-upon Order disposing

of the issues, the case shall proceed in accordance with Pa. R.C.P. No. 1915.4-1, et

seq., and these Rules.

RULE 1915.2

PROCEDURE

(a) A party who is requesting a child custody mediation conference must file,

after filing an appropriate complaint/petition, with the Prothonotary a “Request to

Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in

accordance with F.C.R. 1915.3. The requesting party must also serve on the

Administrative Office of Fayette County Courts a copy of the Request for Child Custody

Mediation Conference, along with a copy of the receipt for the filing fee. The

Administrative Office of Fayette County Courts shall refer the request form to Child

Custody Services and a mediation conference shall be scheduled. All parties must

attend this child custody mediation conference unless excused by the child custody

mediator/hearing officer. Children shall not attend the conference, unless directed by

the Court or directed by the Child Custody Mediator/Hearing Officer.

(b) The child custody mediator/hearing officer shall conduct the conference as an

informational and conciliatory proceeding. Upon the filing of any complaint, petition, or

motion, relating to child custody, partial custody or visitation, the parties are required to

attend at least one session of a child custody education program, the cost of which may

be assessed against a party or parties, unless the court waives the requirement upon

petition filed for good cause shown. A defaulting party may be subject to sanctions by

the Court. The child custody mediator/hearing officer may require the parties to attend

additional sessions of a child custody program and shall monitor attendance.

(c) Attorneys and pro se litigants shall adhere to the custody instructions and

shall specifically use the forms which accompany those instructions that are available in

the Fayette County Law Library or on the website at

www.co.fayette.pa.us/ChildCustody.

NOTE: Amended November 19, 2014, effective January 12, 2015. Amended April

2, 2015, effective May 24, 2015.

RULE 1915.3

FEES AND COSTS

Upon the filing of any complaint, petition, or motion relating to child custody,

partial custody, visitation, or contempt, where there is at the time of filing no agreed-upon Order disposing of the issues, the moving party shall file and serve a Request to

Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other

required fees), a non-refundable conciliation fee in the amount of One Hundred

($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in

accordance with Pa.R.C.P. §240. Attorneys and pro se litigants shall adhere to the

instructions and shall specifically use the form which accompanies the instructions to

proceed in forma pauperis that are available in the Fayette County Law Library or on the

website at www.co.fayette.pa.us/CourtAdmin.

Note: Amended February 8, 2005, effective April 1, 2005. Amended April 2, 2015,

effective May 24, 2015.

RULE 1915.4

EXCEPTIONS

(a) A party filing exceptions shall request and cause to be filed any transcript

required and make any necessary payment or deposit therefore.

(b) When both parties file exceptions, the cost of the transcript shall be borne

proportionately.

(c) Exceptions shall be presented to the Court as a routine motion in

accordance with Fayette County Rule 211 and assigned for argument.

NOTE: Amended August 21, 2001, effective October 15, 2001.

ACTIONS OF DIVORCE AND ANNULMENT

RULE 1920.3

Note: Rescinded effective April 8, 2019.

RULE 1920.31

Note: Rescinded effective April 8, 2019.

RULE 1920.51(a)

APPOINTMENT OF MASTER, MASTER'S FEE,

TRANSCRIPT COSTS

(a) The moving party shall file a Motion for Appointment of Master and deposit

the sum of $750.00 for the master’s services with the Prothonotary prior to the time that

a master is appointed.

(b) Subject to the direction of the court, the master shall have procedural and

administrative control of the proceedings in regard to the detention of witnesses for

examination and the general course of the proceedings. The master shall rule on

objections to competency, relevancy of testimony, and admissibility of evidence. If the

master sustains an objection, the testimony shall not be heard or reported. Parties may

file exceptions to the master’s rulings.

(c) The master shall satisfy himself or herself of the jurisdiction of the Court

and of the formal sufficiency and regularity of the record. If not so satisfied, the master

shall afford the parties an opportunity to make the necessary corrections, and if they are

not made within a reasonable time, shall report to the Court for its instruction.

(d) The master shall receive one hundred fifty dollars ($150.00) per hour for

all services including conducting hearings, researching, and writing reports.

(e) To receive compensation, the master shall file:

(1) the report and recommendation or a marital settlement agreement

with a statement that the matter has settled;

(2) a proposed order for equitable distribution, if warranted;

(3) a decree for divorce, if divorce is recommended; and

(4) an invoice for services detailing the date and time expended in

quarter-hour increments.

(f) Should the master’s services exceed the deposit, the master shall petition

the Court by routine motion for additional compensation for actual time worked detailing

the date and time expended in quarter-hour increments. A petition for additional

compensation shall not toll the deadline for the master to file the report.

(g) Unless otherwise ordered by Court, the Prothonotary shall pay no

master’s fee until the master files the report.

(h) The court reporter or transcriptionist shall abide by the format of

transcripts and be paid transcript costs in accordance with Pennsylvania Rules of

Judicial Administration Rules 4001 et seq.

(i) In the event that a hearing is canceled by the master with less than

twenty-four hours’ notice, an appearance fee of seventy-five dollars ($75.00) shall be

paid to the court reporter.

(j) Should the master’s services and transcription costs not exceed the

deposit, the Prothonotary shall return the balance to the paying

party.

Note: Amended February 19, 2019, effective April 8, 2019.

RULE 1920.51(b)

NOTICE OF AND TIME FOR MASTER'S HEARING

(a) The master shall establish a hearing date and give at least ten (10) days

written notice of the time and place of all hearings to attorneys of record and

unrepresented parties in accordance with Pennsylvania Rules of Civil Procedure

Rule 1920.51(b).

(b) Additional hearings before a master shall be concluded within thirty (30)

days of the initial date of hearing unless the time is extended by written consent of the

parties filed of record in the Prothonotary or by Court Order.

(c) The master shall promptly file notice of all hearing dates and continuances

with the Prothonotary.

Note: Amended February 19, 2019, effective April 8, 2019.

RULE 1920.52

Note: Rescinded effective April 8, 2019.

RULE 1920.53(a)(1)

Note: Rescinded effective April 8, 2019.

RULE 1920.53(a)(2)

Note: Rescinded effective April 8, 2019.

RULE 1920.55-2

MASTER’S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

The master's report, notice, exceptions, and final decree shall be governed

by Pennsylvania Rules of Civil Procedure Rule 1920.55-2.

(a) After conclusion of the hearing, the master shall file the record and

the report within (i) twenty days in uncontested actions or (ii) thirty days from the

last to occur of the receipt of the transcript by the master or close of the record in

contested actions; and immediately serve upon counsel for each party, or, if

unrepresented, upon the party, a copy of the report and recommendation and

written notice of the right to file exceptions.

(b) The timeframe for filing a master’s report may be extended only by

Court Order.

(c) If the master requires a transcript to aid in the preparation of the

report, the master shall file of record in the Prothonotary a notice within five (5)

business days from the date of hearing which identifies the assigned court

reporter or transcriptionist and the dates of testimony requested.

(d) The court reporter or transcriptionist shall deliver transcripts to the

master within thirty (30) days of the hearing.

(e) If a transcript is not delivered within thirty (30) days, the master shall

notify the District Court Administrator.

(f) The District Court Administrator or designee shall monitor

compliance with the timeframe for transcript preparation and for the filing of the

master’s report. The District Court Administrator shall notify the appointing

Judge of delinquent transcripts or master’s reports.

(f) Failure of the master to timely file the report may result in a forfeiture

of the master’s fee or contempt proceedings.

Note: Adopted February 19, 2019, effective April 8, 2019.

RULE 1920.76

Note: Rescinded effective April 8, 2019.

MINORS AS PARTIES

RULE 2039(a)

PETITIONS FOR APPROVAL OF COMPROMISE, SETTLEMENT OR

DISCONTINUANCE OF ACTIONS OF MINORS

AND INCOMPETENTS

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 or incompetent 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, arrangements for payment of unpaid bills, and it shall be accompanied

by a certificate of the attending physician setting forth the extent of the injury, the

treatment given, and the prognosis for the injured party.

INTERPLEADER

RULE 2307

MONEY PAID INTO COURT

(a) On motion and twenty-four (24) hours' notice to the plaintiff or the plaintiff's

attorney, a defendant may have leave to pay into Court the amount of money he admits

to be due, together with the costs accrued. The plaintiff may then receive the amount so

paid and either enter a discontinuance or proceed to trial. If he elects to proceed to trial,

he shall pay all costs subsequently accruing unless he recovers judgment for a principal

sum in excess of the amount paid into Court.

(b) All moneys paid into Court shall be deposited by the Prothonotary in such

incorporated banks or trust companies as the Court may designate, to the credit of the

Court in the particular case; and no money shall be withdrawn except upon an order of

the Court signed by two Judges thereof and attested by the Prothonotary with the seal

of the Court attached. A copy of this rule shall be certified and delivered by the

Prothonotary to all depositories of the Court.

RULES OF CRIMINAL PROCEDURE

OF THE

COURT OF COMMON PLEAS

OF

FAYETTE COUNTY, PENNSYLVANIA