MERCER COUNTY Amendment of Local Rules L1920.51, L1920.53 and L1920.54; No. 2001-30 [31 Pa.B. 534] Order And Now, this 5th day of January, 2001, it is hereby Ordered and Directed that Mercer County Local Rules of Civil Procedure L1920.51; L1920.53 and L1920.54 are hereby amended as follows and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is also Ordered And Directed the Court Administrator of Mercer County, in accordance with Pa.R.C.P. No. 239, shall file seven (7) certified copies of these Rules with the Administrative Office of Pennsylvania Courts, furnish two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and file one certified copy with the Civil Procedural Rules Committee.
It is further Ordered And Directed that these Local Rule shall be kept continuously available for public inspection and copying in the Office of the Prothonotary of Mercer County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
By the Court
FRANCIS J. FORNELLI,
President JudgeRule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.
a.
1. All actions for divorce under Section 3301(a)(b) and (d)(1)(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.
i. All actions or claims described in Section (a) hereof will not be referred to a master until one of the parties files a motion for the appointment of a master to hear the action(s) and/or claim(s) at issue and pays [the sum of $50.00] an amount to be determined by court order, in addition to all other costs provided by law, for the appointment of a master. The motion shall be substantially in the form as provided by Pennsylvania Rule of Court Procedure 1920.74. The motion shall be filed with the prothonotary together with the [$50.00] proper fee.
ii. Upon receipt of the [$50.00] the proper fee, the prothonotary shall forward the motion to the court administrator for assignment to a master.
iii. Unless the moving party is granted leave to proceed in forma pauperis, no master will be appointed until the [$50.00] proper fee for the appointment of a 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. Hearing by Master Report.
a.
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.
i. The moving party shall deposit [the sum of $200.00] an amount to be determined by court order with the prothonotary before a master's hearing on an action for divorce or annulment.
ii. In the event the master believes the amount of time (s)he must devote to the case will exceed four (4) hours said time, or does exceed four (4) hours, (s)he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
iii. The master's fee shall be taxed as part of the costs and paid as directed in the final decree.
iv. 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.
v. In the event the master's fee for the hearing is less than the amount deposited with the prothonotary for the hearing, the difference shall be returned to the depositor. If there was more than one depositor, the difference shall be returned in proportion to the respective amounts deposited.
Rule L1920.54. Hearing by Master. Report. Related Claims.
a.
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;
i. The moving party shall deposit [the sum of $200.00] an amount to be determined by court order with the prothonotary before the master's hearing: and;
ii. In the event the master believes the amount of time he must devote to the case will exceed four (4) hours said time or does exceed four (4) hours, (s)he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs.
iii. The master's fee shall be taxed as part of the costs and paid as directed in the final decree or as a separate order.
iv. 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.
v. 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.
vi. The notes of testimony will not be transcribed unless exceptions are filed.
[Pa.B. Doc. No. 01-123. Filed for public inspection January 26, 2001, 9:00 a.m.]
