Title 255—LOCAL
COURT RULESDAUPHIN COUNTY Promulgation of Local Rules; No. 1793 S 1989
[45 Pa.B. 8]
[Saturday, January 3, 2015]Order And Now, this 15th day of December, 2014, Dauphin County Local Rules of Civil Procedure 1920.43 and 1920.51 are amended as follows:
Rule 1920.43. [Special Relief—Divorce] Pre-Hearing Divorce Matters, Special Relief, Advance Distribution, Discovery Issues.
[(1) A petition for special relief filed in accordance with Pennsylvania Rule of Civil Procedure 1920.43, shall include a Rule to Show Cause in accordance with Pa.R.C.P. 206.5 (Discretionary Issuance).
(2) When a response to the Rule to Show Cause is filed, a party may, if otherwise appropriate under the Rules of Civil Procedure, file an original and one copy of a Certificate of Readiness with the Prothonotary.
(3) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain a copy in the file.
(4) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Petition for Special Relief to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(5) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.]
(a) All Petitions for Special Relief and motions raising pre-trial issues in divorce cases shall be assigned to the Divorce Master.
(b) Any Pre-Hearing Petition or Motion in a divorce matter shall comply with Dauphin County Rule 205.2(a)(3)(b) and shall include the following:
(1) A certification by the filing party that (s)he disclosed the full text of the Petition or Motion and the Proposed Order to all parties by facsimile or electronic communication and that concurrence to both the Petition or Motion and Proposed Order has been given or denied by each party in accordance with Dauphin County Local Rule 208.2(d).
(2) If concurrence to both the Petition or Motion and the Proposed Order is denied by any party or any party has not responded in a timely manner, the Petition or Motion shall be deemed to be contested and the moving party shall attach:
(a) A Rule to Show Cause in accordance with Pa.R.C.P. 206.5;
(b) A Proposed Order;
(c) A Certificate of Service;
(d) A Self Represented Party Entry of Appearance if unrepresented by legal counsel.
(3) If all parties concur, the Petition or Motion shall be deemed to be uncontested and the filing party shall attach the proposed agreed Order.
(c) If the Petition or Motion is deemed to be contested, a Rule to Show Cause shall be issued by a Family Court Judge.
(1) When a response to the Rule to Show Cause is filed, the moving party shall file an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the $150.00 administrative fee in accordance with Dauphin County Rule 1920.51.
(2) The Prothonotary shall promptly forward the Motion for Appointment of Master to the Court Administrator's Office. A Family Court Judge will appoint the Divorce Master to hear the Pre-Hearing matter.
(3) The Divorce Master will schedule a Pre-Hearing Conference.
(4) If an agreement is reached at the Pre-Hearing Conference, the Divorce Master shall file a Memorandum memorializing the agreement with the Prothonotary and shall forward the agreed Order to a Family Court Judge for review.
(5) If an agreement is not reached at the Pre-Hearing Conference, the Divorce Master shall schedule a hearing.
(6) Following the hearing, The Divorce Master shall file with the Prothonotary a Report and Recommendation and Proposed Order regarding the Pre-Hearing matter within ten (10) days from the date of the hearing. A copy of the Report and Recommendation and Proposed Order shall be mailed to all parties.
(7) The Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge to issue an Order.
(8) Within ten (10) days from the date of the Court Order, for good cause shown, e.g. immediate irreparable harm or other extraordinary circumstances, a party may petition the Court to reconsider the Order.
1920.51. [Appointment of Master] Equitable Distribution, Divorce, Annulment, Alimony Pendente Lite, Alimony, Counsel Fees, Costs and Expenses.
[(a)(1) Reserved.
(a)(2)(i) A Master shall be appointed by the Court to take testimony and file a report in the form prescribed by the Pennsylvania Rules of Civil Procedure for an action for divorce or annulment and the claims for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs, or expenses, or any aspect thereof. A motion for appointment of master shall be served on the non-moving party. Proof of service shall be filed with the Prothonotary.
(a)(2)(ii) All interim claims for alimony pendente lite or the modification or termination thereof, i.e., those which are raised during initial discovery or before a Master is appointed for purposes of conducting a full hearing on all economic claims, shall be heard by the Domestic Relations Office in accordance with Pa.R.C.P. 1910.1 et seq. and the procedures established by the Domestic Relations Office.
Comment: Claims for counsel fees, costs and expenses in any divorce action shall continue to be heard by the Master pursuant to Dauphin County Local Rule of Civil Procedure 1920.51(a)(2)(i). Copies of internal procedural guidelines are available from the Domestic Relations Office.
(a)(2)(iii) Rescinded
(a)(3) The documents required under Pa.R.C.P. 1920.31 and 1920.33 shall be filed before or simultaneously with the motion for appointment of Master. If the non-moving party has not filed the required documents at the time the motion for appointment of master is filed, the court shall issue an order staying the motion for appointment of master and requiring the filing of these documents within fourteen (14) days.
(b) If the party is in custodia legis, the notice shall advise the party that arrangements will be made with the institution for the individual to participate in the hearing by telephone.]
(1) The Divorce Master shall hear annulment, economic claims in Divorce including alimony pendente lite, alimony, equitable distribution, counsel fees, costs and expenses or any aspect thereof.
(2) An original and a copy of the Motion for Appointment of Master shall be filed with the Prothonotary, together with the administrative fee of $150.00 unless this fee has already been paid. The Motion for Appointment of Master shall be in form prescribed by Pa.R.C.P. 1920.74.
(3) The Motion shall include the following attachments:
(a) An updated Income and Expense Statement in the form required by Pa.R.C.P. 1910.27(c)(1).
(b) An updated Inventory and Appraisement in the form required by Pa.R.C.P. 1920.75.
(c) A proposed Order scheduling a Preliminary Conference with the Divorce Master.
(d) A Certificate of Service.
(e) A Self-Represented Entry of Appearance if the filing party is unrepresented by legal counsel.
(4) The Prothonotary shall forward the Motion for Appointment of Master to the Court Administrator's Office. The Court Administrator's Office shall schedule a Preliminary Conference with the Divorce Master.
(5) At the Preliminary Conference, the Divorce Master shall address all outstanding pre-trial matters with counsel and the parties.
(6) Following the Preliminary Conference, the Divorce Master shall schedule a Pre-Hearing Settlement Conference with counsel and the parties.
(7) Following both the Preliminary Conference and the Pre-Hearing Settlement Conference, the Divorce Master shall prepare a Memorandum memorializing any agreements and schedule the matter for hearing on all remaining contested issues.
(8) The Divorce Master shall file the Memorandum with the Prothonotary and mail a copy of the Memorandum and Scheduling Order to all counsel and any self-represented parties in accordance with Pa.R.C.P. 1920.51.
(9) The Court shall pay a stenographer's appearance fee for the hearing however the cost of any transcripts requested by the parties or the Divorce Master shall be borne by the parties.
(10) The Divorce Master shall file with the Prothonotary a Report and Recommendation and Proposed Order in accordance with the Pennsylvania Rules of Civil Procedure.
(11) A copy of the Report and Recommendation and Proposed Order shall be mailed to all parties with written notice of the right to file Exceptions.
(12) If the parties request a transcript, the Divorce Master may delay the filing of the Report and Recommendation and Proposed Order or file a Supplemental Report and Recommendation and Proposed Order in accordance with the Pennsylvania Rules of Civil Procedure.
(13) Upon Motion, the Court may for good cause shown, extend the time for the Divorce Master to file the Report and Recommendation and Proposed Order.
(14) If no timely Exceptions are filed, the Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that judge.
(15) An original and copy of Exceptions to the Divorce Master's Report and Recommendation shall be filed with the Prothonotary's Office along with a Prior Court Involvement Statement in accordance with Dauphin County Local Rule 1931. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center/Pages/default.aspx.
(16) The Prothonotary shall forward the Exceptions to the Report and Recommendation to the Court Administrator's Office for an assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
(17) The Court shall promptly issue an Order scheduling a conference, the filing of briefs and/or oral argument.
These amendments shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
TODD A. HOOVER,
President Judge[Pa.B. Doc. No. 15-2. Filed for public inspection January 2, 2015, 9:00 a.m.]
