RULE L1903.1

When the court approves a consent agreement or orders relief [23 Pa C.S.A. § 6108], the order shall be served upon all parties by the plaintiff and shall be in substantially the form prescribed by Rule L1903.3.

RULE L1903.2

Plaintiff shall file a certified copy of the order with the appropriate police department. The expiration date of the order shall be included in the order. A photocopy of a certified order shall be considered a duplicate original and sufficient to constitute the Court's original authorization for enforcement. A cover sheet shall be attached on the copy of the order sent to the police.

RULE L1903.3

AND NOW, on this ___ day of ______, 19___ , under the authority of the Pennsylvania Protection from Abuse Act, 23 Pa. C.S.A. § 6101 et. seq.. the Defendant,______________is hereby Ordered and Directed as follows:
Defendant shall not abuse Plaintiff,_________________, (and children ________ _________________________________________________) by attempting to cause or intentionally, knowingly or recklessly causing bodily injury; or by using physical menace to put such person or persons in fear of imminent serious bodily injury.
Plaintiff is granted sole possession of the following premises for the period of time stated and Defendant is excluded from the premises during that period of time.
Premises _____________________________________________________________ ____________________________________________________________________
Period of Time:
From: ______________________________________, 19____
To: ________________________________________, 19____
The Defendant shall_____________________________________________________ ____________________________________________________________________
A certified copy of this Order shall be filed with the appropriate police departments and shall be the Court's authorization for enforcement.

BY THE COURT:
____________________________________________________________ J.

Comment: Provisions regarding support and custody may be added to the above form of order as permitted by the Protection from Abuse Act.

RULE L1903.4

The cover sheet on an Order to police shall be substantially in the following form:

Under the Pennsylvania Protection from Abuse Act, 23 Pa C.S.A. § 6101 et. seq., you are authorized to arrest the Defendant for a violation of this Order, without warrant, upon probable cause, whether or not the violation was committed in your presence. The Defendant is to be taken before the Judge of the Court of Common Pleas who entered the Order, but if the Defendant is taken into custody after the close of business at the end of the week to the resumption at the beginning of the week, the Defendant shall be taken before a District Justice for preliminary arraignment. Defendant can be found at the following address: ________________________________________________________________
during the hours of ____________________________________________________
Order effective from _________________________________, 19 ___
To ______________________________________________, 19 ___

RULE L1903.5

A police officer may arrest a defendant for violation of a protection order upon probable cause which shall be supplied by the victim, officer, other witnesses or combination thereof. If necessary, the officer may verify the existence of said order by phone or radio with the appropriate police or the court. The complaint for indirect criminal contempt shall be in the form prescribed by Rule L1903.11. The probable cause affidavit shall be in the form prescribed by Rule L1903.10.

RULE L1903.6

Upon arrest, the defendant is to be taken into custody and taken before a district justice in whose district the violation occurred, or other assigned district justice, for arraignment and the setting of bail if the arrest occurs AFTER the close of business at the end of the week to the resumption of business of the following week. During that period the arresting officer shall not release the defendant from custody without taking him or her before the proper district justice.

If the defendant is taken into custody at any other time during the course of the week, the defendant shall be brought before the judge who issued the Order to which it is claimed that the defendant is in violation. If that judge is not available, the matter shall be assigned by the court administrator to any judge of the court then available. If no judge is available, the court administrator shall direct the police officer having custody of the defendant to go to the appropriate district justice for arraignment. All applications for an increase or decrease in bail shall be heard by the judge issuing the order of arrest. Bail shall be administered by the prothonotary of the court in accordance with Pa. R. Crim. P. 4015.

RULE L1903.7

1. Arraignment: If the defendant is arrested when the Court is unavailable from the close of business at the end of the week to the resumption of business the following week, arraignment shall be held in the same manner as required under Pa. R. Crim. P. 303 except that no preliminary hearing will be scheduled. The defendant shall be notified that:
   1. He is charged with indirect criminal contempt for violation of a protection from abuse order; and
   2. He has the right to be represented by counsel and if he is unable to afford counsel and otherwise qualifies, that counsel will be appointed to represent him; and
   3. A hearing will be held in the Court of Common Pleas of Mercer County on the next available date for such hearings pursuant to subsection (2).
2. Hearings: All hearings for indirect criminal contempt for violation of protection from abuse order shall be heard by the judge issuing the order and if he is not available any judge assigned by the court administrator.
3. Notice: At the conclusion of the arraignment, the defendant or his counsel of record, if present, shall be given a written notice of the hearing in the form prescribed by Rule L1903.12. A copy of the complaint and notice of hearing shall be given or mailed by regular or certified mail to the plaintiff at the address shown on the complaint and by regular mail to the arresting officer and the District Attorney of Mercer County.

RULE L1903.8

1. Following arraignment, the district justice at the beginning of the next- working day shall notify the judge who entered the order and inform the Common Pleas Judge of the arraignment.
2. Following arraignment, the office of the district justice shall deliver the original of all papers to the prothonotary of Mercer County and a copy to the judge who entered the order. In addition, the office of the district justice shall deliver copies of all papers to the court administrator of Mercer County and the district attorney of Mercer County.
3. The court administrator shall notify the sheriff of Mercer County of the names of any incarcerated defendants scheduled for hearing for transport to the said hearing.

RULE L1903.9

The Office of the District Attorney of Mercer County shall prosecute all charges of indirect criminal contempt for violation of protection from abuse orders.

RULE L1903.10

On_________, 19___ ,_____________________did commit the following in violation of a protection from abuse order entered by a judge of the Court of Common Pleas of Mercer County, Pennsylvania on ________________, 19___, No .
The acts committed were:

I verify that the statements made in this statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.

RULE L1903.11

Plaintiff
vs :
Defendant

I, the undersigned, do hereby state under oath:

1. My name is ____________________________and I live/work at _____________________________ ,
2. I accuse _________________________________________ , who lives at ______________________________________ , with violating a protection from abuse order entered by Judge ____________on the _____day of _______ 19___, (attach copy of Order if available);
3. The date (and day of the week) when the accused committed the offense was on or about _________________
4. The place where the offense was committed was in the County of Mercer;
5. The acts committed by the accused were:
   attempting to cause or intentionally, knowingly or recklessly causing bodily injury to ____________________________
   or
   using physical menance to put ________________________ in fear of imminent serious bodily injury,
   all of which were in violation of the protection from abuse order entered in accordance with the Protection from Abuse Act;
6. If the defendant has not already been arrested, I ask that a warrant of arrest be issued and that the accused be required to answer the charges I have made.

I verify that the statements made in the complaint are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.

The above subscribed affiant personally appeared before me on this date, signed the complaint in my presence and asserted that the facts therein are true and correct; and wherefore it appears that there is probable cause for the issuance of process.

RULE L1903.12

Plaintiff
vs .
Defendant

TO: DEFENDANT _______________________________________________
You are hereby ORDERED to appear for hearing on:
DATE:_____________ TIME:_______________ PLACE:___________________
You have been charged with the following: _________________________________
Your bail has been set at: ______________________________________________
To protect your rights you should have a lawyer represent you at this hearing. If you do not have a lawyer, the Mercer County Lawyers' Referral Service will give you information about finding one.

Although this Rule has not been changed please note Local Rule L1018.1.

If you do not have the money to hire a lawyer, you must apply within 48 hours at the Office of the Public Defender of Mercer County, Mercer County Courthouse, Mercer, Pennsylvania (662-3800). If a summons came with this notice, you must arrange to have a lawyer defend you at this hearing. If you fail to do so, you must post bail for a continued hearing or waive your right to a lawyer.

I certify that on this day I personally served the above notice of hearing on the defendant in this case.

RULE L1910.61

All papers filed with the clerk of the Domestic Relations Section shall be prepared for flat filing. Such papers shall contain on their face the following information: designation of the Court, designation of the section of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification when applicable, name and address of attorney or law firm filing the pleading upon whom papers may be served when applicable.

RULE L1910.62

1. The clerk of the Domestic Relations Section shall immediately endorse all papers submitted for docket filing with the date of such filing. The clerk of the Domestic Relations Section shall enter all rules, pleading and other papers submitted for docket filing in every case in the docket maintained by the Domestic Relations Section.
2. The clerk of the Domestic Relations Section shall be responsible for the safekeeping of all records and papers submitted for docket filing in the Domestic Relations Office.
3. No entry shall be made in the docket except at the direction of the clerk of the Domestic Relations Section or by Order of Court, except an Entry of Appearance by counsel.
4. All papers filed with the clerk of the Domestic Relations Section shall be designated numerically starting with the number 1 for each calendar year and followed by the alphabetical symbols "D. R." and the year of filing.

RULE L1910.63

1. Domestic Relations Section shall, before releasing information as to arrearage for support owing by any obligor, notify the obligor by regular mail by sending the following notice: This Notice is sent to inform you that
   _____________________________________________________________________ (Name of Consumer Credit Bureau of organization)
   of ___________________________________________________________________ (Address)has requested information as to the arrearage you owe under your support Order through the Domestic Relations Section of the Court of Common Pleas of Mercer County, Pennsylvania. Our records indicate your arrearages are $________________ as of ______________ , 19___.
   This information will be released to said Credit Bureau unless, within 20 days of this date, we receive a written objection from you contesting the accuracy of the calculated arrearages or stating a valid reason why the information should not be made available.
   _______________, 19 ____

   __________________________

   Director, Domestic Relations

2. A fee will be imposed by the Domestic Relations Section upon the Consumer Credit Bureau of organization requesting information.

RULE L1910.64

During the month of July of each year, the clerk of the Domestic Relations Section shall determine in which matters filed after June 1, 1985, and not concluded, there has during the previous two years been no activity, no payment of support, no attempt to secure payment and no attempt to locate the whereabouts of the defendant. The clerk shall then give notice in such matters as provided by Pa. R. J. A. 1901(c). If no action is taken or no written objection stating good cause is filed in such matter within 30 days, the clerk of the Domestic Relations Section shall request an order from a judge of the Court of Common Pleas of Mercer County, terminating the matter. If written objection is filed in such matter within 30 days, the clerk of the Domestic Relations Section shall list the matter for the next available Argument List without further praecipe and give notice to all parties. Failure of the objector to appear and to show good cause may result in a dismissal of the action.
When publication is required, it shall be twice printed in the Mercer County Law Journal but is not required in any other publication.
Any outstanding bench warrants issued by this Court existing in any matter terminated shall be deemed dissolved without further Order of Court, and the clerk shall take such action as is reasonably appropriate and necessary to notify applicable law enforcement authorities and other courts.

RULE L1915.3

1. 1. A conference before a court-appointed master shall be held in all cases involving claims for custody, partial custody or visitation. In all cases where the only issue unresolved is partial custody or visitation, a hearing will be held before the Court appointed Master pursuant to Pennsylvania Rule of Civil Procedure 1915.4-2 unless either party files written notice prior to the Master's conference requesting a hearing before a Judge.
      1. A motion for the appointment of a Master shall be filed with any pleading which includes a claim for custody, partial custody or visitation. The motion shall be substantially in the form as provided by Pennsylvania Rule of Civil Procedure 1920.74.
      2. No fee shall be assessed for the appointment of a Master to hold a conference on a claim for custody, partial custody or visitation.
      3. The party filing a pleading involving a claim for custody, partial custody or visitation shall obtain from the Master appointed to conduct the conference, the time, date and place of conference for purposes of completing the Order required to be attached to such pleadings by Pennsylvania Rule of Civil Procedure 1915.3.

AND NOW, this 22ND day of September, 1994, IT IS HEREBY ORDERED AND DECREED that the Local Rules of the Mercer County Court of Common Pleas are amended and said amendments shall become effective on January 1, 1995.

RULE L1915.26

1. If a party is represented, notice of the Master's conference shall be served on the party by the master by first-class United States mail, postage prepaid, addressed to the party's counsel.
2. If a party is unrepresented, notice of the Master's conference shall be served on the party by the master by certified United States mail, postage prepaid, addressed to the party's last known address.
3. A copy of said notice shall be filed with the prothonotary.
4. The following language shall be included in all notices of Master's conferences involving custody cases:

   YOU ARE HEREBY NOTIFIED THAT A HEARING ON THE ISSUES OF PARTIAL CUSTODY AND/OR VISITATION WILL BE HELD BY THE COURT-APPOINTED MASTER UNLESS YOU REQUEST IN WRITING PRIOR TO THE COMMENCEMENT OF THE MASTER'S CONFERENCE THE MATTER BE HEARD BEFORE A JUDGE. THE FAILURE TO FILE SUCH WRITTEN REQUEST PRIOR TO THE CONFERENCE SHALL BE DEEMED A WAIVER OF YOUR RIGHT TO HAVE THE ISSUES OF PARTIAL CUSTODY AND/OR VISITATION HEARD BY A JUDGE.

   A COPY OF THE REQUIRED WRITTEN REQUEST HAS BEEN INCLUDED WITH THIS NOTICE FOR YOUR CONVENIENCE.

5. The following form shall be included with all notices of Master's conferences involving custody cases:

   IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW
   Plaintiff vs Defendant	: : : : :	No.
   REQUEST FOR A HEARING BEFORE A JUDGE

   I hereby certify that I desire a hearing before a Judge should the only unresolved issue involve either partial custody or visitation for the following reasons: There are complex questions of law, fact, or both.
   A hearing on the issue of partial custody or visitation would take longer than one hour. There are serious allegations affecting the child's welfare.
   Date:___________________________ Plaintiff/Defendant

AND NOW, this 22ND day of September, 1994, IT IS HEREBY ORDERED AND DECREED that the Local Rules of the Mercer County Court of Common Pleas are amended and said amendments shall become effective on January 1, 1995.

RULE L1915.27

1. In the event the parties are able to resolve their differences. the Master shall dictate a proposed order which encompasses the parties' agreement in their presence. Said order shall be submitted to the appointing judge for his consideration.
2. In the event the parties are unable to resolve their differences in cases involving disputes over primary physical custody, shared physical custody or legal custody, or in cases involving disputes over partial custody and/or visitation where either party has requested, in writing, a hearing by Judge to the commencement of the Master's conference, a hearing date before the appointing Judge shall be set by the Court Administrator. A report shall be prepared by the Master for the Court which, inter alia, shall indicate the relative positions of the parties and the Master's recommendations. Copies of said reports shall be served on the parties in accordance with L1915.26. No exceptions shall be filed to said reports.
3. In the event the parties are unable to resolve their difference in cases involving disputes over partial custody and/or visitation and neither party has requested in writing, a hearing by a Judge prior to the commencement of the Master's conference, the parties will be deemed to have consented to a hearing before the Court-appointed Master on those issues in accordance with Pennsylvania Rule of Civil Procedure 1915.4-2 and the Master shall schedule a hearing date.

AND NOW, this 22ND day of September, 1994, IT IS HEREBY ORDERED AND DECREED that the Local Rules of the Mercer County Court of Common Pleas are amended and said amendments shall become effective on January 1, 1995.

RULE L1915.28

1. A hearing shall be held before the Court-appointed Master on the issues of partial custody and/or visitation where those are the sole issues in dispute and neither party requested in writing, a hearing by a Judge prior to the commencement of the Master's conference. The hearing shall be held in accordance with the provisions of Pennsylvania Rule of Civil Procedure 1915.42.
2. A fee of $25 shall be assessed against each party for a Master's hearing on the issues, of partial custody and/or visitation, however, the fee shall be waived for any party determined to be indigent.

AND NOW, this 22ND day of September, 1994, IT IS HEREBY ORDERED AND DECREED that the Local Rules of the Mercer County Court of Common Pleas are amended and said amendments shall become effective on January 1, 1995.

RULE L1920.51

1. 1. All actions for divorce under Section 3301(a) (b) and (d)(l)(i) of the Divorce Code or for annulment, and all claims for alimony, alimony pendente lite, bifurcation, equitable distribution of marital property, exclusive possession of the marital residence, counsel fees, costs, expenses, or any aspect thereof shall be heard by a master in the absence of a court order to the contrary.
      1. All actions or claims described in Section (a) hereof will not be refer- red to a master until one of the parties files a motion for the appointment of a master to hear the action(s) and/or claims(s) at issue and pays the sum of $50.00, in addition to all other costs provided by law, for the appointment of a master. The motion shall be substantially in the form as provided by Pennsylvania Rule of Court Procedure 1920.74. The motion shall be filed with the prothonotary together with the $50.00.
      2. Upon receipt of the $50.00, the prothonotary shall forward the motion to the court administrator for assignment to a master.
      3. Unless the moving party is granted leave to proceed in forma pauperis, no master will be appointed until the $50.00 for the appointment of the master is paid, or the court permits otherwise. If the monies are not forthcoming and there are no other proceedings in the case for a period of two years, the matter will be subject to termination pursuant to Mercer County Local Rule of Court L320.

RULE L1920.53

1. 1. Where an action for divorce or annulment has been referred to a master, a conference shall be held before the master prior to a hearing in the absence of a court order to the contrary.
      1. The moving party shall deposit the sum of $200.00 with the prothonotary before a master's hearing on an action for divorce or annulment.
      2. In the event the master believes the amount of time he must devote to the case will exceed four (4) hours said time, or does exceed four (4) hours, he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
      3. The master's fee shall be taxed as part of the costs and paid as directed in the final decree.
      4. In the event the parties resolve their differences prior to the hearing, all sums deposited with the prothonotary for the hearing shall be returned to the depositor.
      5. In the event the master's fee for the hearing is less than the amount deposited with the prothonotary for the hearing, the difference shall be returned to the depositor. If there was more than one depositor, the difference shall be returned in proportion to the respective amounts deposited.

RULE L1920.54

1. 1. Where a claim for alimony, alimony pendente lite, bifurcation. equitable distribution of marital property exclusive possession of the marital residence, counsel fees, costs, expenses or any aspect thereof, has been referred to a master. a conference shall be held before the master prior to a hearing in the absence of a court order to the contrary.
   2. With the exception of claims for alimony, alimony pendente lite, bifurcation, counsel fees, costs or expenses;
      1. The moving party shall deposit the sum of $200.00 with the prothonotary before the master's hearing: and,
      2. In the event the master believes the amount of time he must devote to the case will exceed four (4) hours said time or does exceed four (4) hours, he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
      3. The master's fee shall be taxed as part of the costs and paid as directed in the final decree or a separate order.
      4. In the event the parties resolve their differences prior to the hearing, all sums deposited with the prothonotary for the hearing shall be returned to the depositor.
      5. In the event the master's fee for the hearing is less than the amount deposited with the prothonotary for the hearing, the difference shall be returned to the depositor. If there was more than one depositor, the difference shall be returned in proportion to the respective amounts deposited.
      6. The notes of testimony will not be transcribed unless exceptions are filed.

RULE L1920.55

1. Exceptions to a master's report must be filed with the prothonotary within the time prescribed by law.
   1. The party filing the exceptions shall serve a copy thereof on the date of filing on every other party, the appointing judge, the master, the court administrator and the court reporter by first class mail, postage prepaid, or by handing them a true and correct copy thereof.
   2. After receipt of notice of the filing of exceptions to a master's report, the court administrator shall schedule a conference before the appointing judge.
   3. At the conclusion of the conference, an order will be entered setting forth what portions of the master's hearing are to be transcribed and setting the argument date on the exceptions.
   4. The party filing the exceptions shall pay all transcription charges in the absence of a court order to the contrary.

This HTML has been accessed times since it was first created.