SOMERSET COUNTY Consolidated Rules of Court; Administrative Order No. 5 of 2016; No. 13 Misc. 2016 [46 Pa.B. 1898]
[Saturday, April 16, 2016]Adopting Order Now, this 28th day of March 2016, it is hereby Ordered:
1. Somerset County Rule of Civil Procedure 1920.33, a copy of which follows, is hereby adopted as Som.R.C.P. 1920.33, effective thirty (30) days after publication in The Pennsylvania Bulletin and on the Unified Judicial System Portal.
2. The Somerset County Court Administrator is directed to:
A. File one (1) certified copy of this Order and the following local Rule with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order along with electronic copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order with the Domestic Relations Procedural Rule Committee.
D. File proof of compliance with this Order in the docket for this Order, which shall include a copy of each transmittal letter.
D. GREGORY GEARY,
President JudgeRule 1920.33. Hearing by Court.
A. Claims for divorce, property distribution, alimony, counsel fees, and costs and expenses shall be heard by the Court.
B. A Court hearing shall be initiated by filing a Praecipe for Case Management Order substantially in the form prescribed by paragraph D. of this Rule. A Praecipe for Case Management Order shall not be filed until:
1. The case is ripe for entry of a divorce decree under 23 Pa.C.S.A. § 3301(a) or § 3301(d), or the Court has entered a bifurcated divorce decree under 23 Pa.C.S.A. § 3323(c.1); and
2. At least thirty (30) days have passed since the moving party has filed the inventory required by Pa.R.C.P. 1920.33(a); and
3. If the moving party has raised a claim for alimony, counsel fees, or costs and expenses, then at least thirty (30) days have passed since the moving party has filed the federal income tax return, pay stubs, income statement, and expense statement required by Pa.R.C.P. 1920.31(a)(1).
C. A party who opposes a Praecipe for Case Management Order shall file a Motion to Strike Praecipe within twenty (20) days of the filing of the Praecipe. Unless a Motion to Strike Praecipe is timely filed, the Court will promptly issue a Case Management Order that: (1) directs the responding party to file an inventory in accordance with Pa.R.C.P. No. 1920.33(a); (2) where applicable, directs the responding party to file the federal income tax return, pay stubs, income statement, and expense statement required by Pa.R.C.P. 1920.31(a)(1); (3) directs the parties to file pretrial statements in accordance with Pa.R.C.P. No. 1920.33(b); (4) schedules a pretrial settlement conference; and (5) schedules a divorce hearing.
D. The Praecipe for Case Management Order required by paragraph B. of this Rule shall substantially be in the following form:
(Caption) Praecipe for Case Management Order Issue a Case Management Order for the above-captioned case. As attorney for the moving party, I certify that:
1. This case is ripe for entry of a divorce decree under 23 Pa.C.S.A. § 3301(a) or § 3301(d), or the Court has entered a bifurcated divorce decree under 23 Pa.C.S.A. § 3323(c.1);
2. My client has raised a claim for alimony, counsel fees, or costs and expenses. At least thirty (30) days have passed since my client filed the federal income tax return, pay stubs, income statement and expense statement that are required by Pa.R.C.P. No. 1920.31(a)(1); and
or
2. My client has not raised a claim for alimony, counsel fees, or costs and expenses; and
3. My client has raised a claim for equitable distribution. At least thirty (30) days have passed since my client filed the inventory that is required by Pa.R.C.P. No. 1920.33(a).
or
3. My client has not raised a claim for equitable distribution.
_________________
Attorney for (Plaintiff) (Defendant)[Pa.B. Doc. No. 16-635. Filed for public inspection April 15, 2016, 9:00 a.m.]
