DELAWARE COUNTY Local Rule 1920.54; Doc. No. MD-12-5040 [46 Pa.B. 4144]
[Saturday, July 30, 2016]And Now, this 7th day of July, 2016, It is hereby Ordered and Decreed that the existing Local Rule 1920.54 is amended and shall be entirely replaced by New Local Rule 1920.54 in accordance with the following language effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1920.54. Hearing by Master. Report. Related Claims.
(d) Once the ancillary claims for property division, alimony and counsel fees/expenses are ripe for determination, either party may file a motion for a case management conference with the Office of Judicial Support which will then be forwarded to the Court Administrator. This motion should be in substantially the following form:
(CAPTION) MOTION FOR CASE MANAGEMENT CONFERENCE 1. The moving party is , the (plaintiff or defendant) in the above matter.
2. Respondent is , the (plaintiff or defendant) in the above matter.
3. Moving party represents that both parties have filed affidavits of consent; or one party has filed an affidavit of consent under 23 Pa.C.S. § 3301(c)(2); or that plaintiff has filed and served a 3301(d) affidavit to which no counter-affidavit has been filed; or that a fault divorce master has recommended that a divorce be granted and no exceptions have been filed, and therefore the case is ripe for equitable distribution.
4. Moving party represents that an Inventory has been filed in compliance with Pa.R.C.P. 1920.33.
5. Moving party respectfully requests that the matter be scheduled for a case management conference.
Respectfully submitted,
As a condition precedent to the scheduling of a case management conference for the disposition of the outstanding ancillary claims, the moving party must have filed an Inventory Pursuant to Pa.R.C.P. 1920.33 and certify in the motion for case management conference that an Inventory has been filed. Additionally, one of the following must have occurred:
(1) both parties have executed and filed affidavits of consent pursuant to § 3301(c) of the Divorce Code;
(2) one party has filed an affidavit of consent under 23 Pa.C.S. § 3301(c)(2);
(3) one party has filed and served a 3301(d) affidavit and all accompanying materials pursuant to the Pennsylvania Rules of Civil Procedure, and twenty (20) days have passed from service thereof without a counter-affidavit having been filed refuting either the allegation of a two-year separation or the allegation of an irretrievable breakdown of the marriage;
(4) a recommendation for a fault divorce has been issued by a divorce master and no exceptions have been taken thereto; or, if exceptions have been taken, those exceptions have been resolved by the court in favor of upholding the master's recommendation.
(e) The Court Administrator shall then schedule a case management conference before a hearing officer. At the conclusion of the case management conference, a case management order shall be issued which shall include:
(1) a listing of document production or other discovery required;
(2) a schedule for such discovery/document production;
(3) a due date for the parties' pre-trial statements;
(4) a date for a pre-trial conference;
(5) such other matters necessary to prepare the case for the pre-trial conference as the hearing officer shall deem appropriate.
Failure to comply with the requirements of a case management order may result in the imposition of sanctions under Pa.R.C.P. 4019 and/or Pa.R.C.P. 1920.33(c)(d). Sanctions may include but are not limited to an award of attorney's fees and/or precluding the introduction of evidence in support of or in opposition to claims.
(f) At the pre-trial conference, the hearing officer will discuss the issues applicable to the case as well as potential settlement. The hearing officer will also resolve any outstanding discovery issues. At the conclusion of the pre-trial conference, in the discretion of the hearing officer, the case will be assigned either a date for another pre-trial conference or a hearing date.
(g) The parties must be present at the hearing and prepared to present testimony and/or documentary evidence. The hearing will be a non-record hearing. However, on application of a party, and in the sole discretion of the hearing officer, the hearing or portions thereof may be reported (and transcribed). It shall be the obligation of the party requesting reporting (and transcription) to make the necessary arrangements therefore.
(h) All case management conferences, pre-trial conferences and hearings shall be held in the courthouse complex or other authorized facilities.
(i) Hearings shall be conducted in accordance with the Pennsylvania Rules of Evidence. A party may, however, offer into evidence in the nature of real estate and personal property appraisals, estimates of value or worth, listings of fees and costs, actuarial and other economic reports, as well as the official or certified record of any governmental or judicial body, provided that true and correct copies of all such documentary evidence have been provided to the adverse party no later than the date for pre-trial conference, unless the time has been extended by the hearing officer.
(j)(i) In cases assigned to the Equitable Distribution Masters for disposition, petitions filed by counsel seeking Leave to Withdraw as Counsel shall be filed pursuant to Local Rule 206.8. All Petitions filed by Counsel seeking Leave to Withdraw as Counsel, and the Certification required in connection therewith, shall be filed at least ten (10) days prior to any scheduled proceeding before the Equitable Distribution Master.
(ii) At the time of the filing of the Petition, or prior to the Hearing Date assigned thereto, petitioning counsel, when appropriate, may file a Certification reporting that all parties and counsel have been notified of the filing of the Petition, and that there is no opposition thereto. Upon the filing of such a Certification, the matter shall be removed from the Hearing List, and the Order, submitted with the Petition shall be entered as a matter of course.
(k)(i) The parties to a Decision of an Equitable Distribution Master shall have the right to seek Reconsideration of the Decision by the filing of a detailed Petition within fourteen (14) days of the date of entry of the Decision. Grounds for Reconsideration shall be limited to miscalculation, failure of the Master to consider specific assets or liabilities, and other or similar errors. Reconsideration shall not lie in order to permit re-litigation by the parties of an award or denial of Alimony or Counsel-Fees or Costs, the percentage of division, or other issues related to the dispositive plan decided upon by the Master.
The Petition for Reconsideration shall be referred immediately to the Master making the Decision for disposition. Filing of the Petition shall not, in and of itself, serve to stay the time for Appeal. Grant of the Petition for Reconsideration shall act as a Supersedeas of all matters.
(ii) The parties to a decision of an Equitable Distribution Master shall have the right of Appeal from the Decision of the Equitable Distribution Master by the filing of a Request for Hearing De Novo within twenty (20) days of the date of entry of the Decision.
(iii) A party filing an Appeal of a Decision of the Equitable Distribution Master shall pay a fee to the Office of Judicial Support in the amount of Three Hundred Dollars ($300.00) in consideration thereof.
By the Court
CHAD F. KENNEY,
President JudgeIN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY
CIVIL ACTION—LAW_________________ No. ______ Plaintiff Vs. _________________ Defendant ORDER AND NOW, this ______ day of _________________ after a Conference before the Court appointed Hearing Officer, _________________ Esquire, it is hereby ORDERED as follows:
Counsel should initial all items which apply, however, if they do not apply, they should be designated as N/A.
I. INVENTORY
______ ______ Plaintiff has/has not filed an Inventory pursuant to R.C.P. 1920.33.
______ ______ Defendant has/has not filed an Inventory pursuant to R.C.P. 1920.33.
II. DISCOVERY
______ ______ Discovery has been completed.
______ ______ Discovery has not been completed.
ALL DISCOVERY SHALL BE COMPLETED BY: _________________ .
III. DISCOVERY BY PLAINTIFF
______ ______ Plaintiff has served Interrogatories. Said Interrogatories shall be answered no later
than _________________ .______ ______ Plaintiff shall serve Interrogatories no later than ______ .
which shall be answered by Defendant no later than ______ .
Docket No. _________________
IV. DISCOVERY BY DEFENDANT
______ ______ Defendant has served Interrogatories. Said Interrogatories shall be answered no later
than _________________ .______ ______ Defendant shall serve Interrogatories no later than ______ .
which shall be answered by Plaintiff no later than ______ .V. TAX RETURNS INCLDING W-2'S
______ ______ Plaintiff shall provide tax returns (including all w-2's) for the years ______ to Defendant by ______ .
______ ______ Defendant shall provide tax returns (including all w-2's) for the years ______
to Plaintiff by ______ .VI. OTHER DISCOVERY
______ ______ The following documents shall be provided by Plaintiff to Defendant by ______ .
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
______ ______ The following documents shall be provided by Defendant to Plaintiff by ______ .
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
Docket No. _________________
______ ______ The parties certify that the following pension(s) is claimed by at least one party to be subject to equitable distribution:
Description: If no pension is subject to equitable distribution designate as N/A. Estimated Value
_____________________________________ ______
_____________________________________ ______
_____________________________________ ______
_____________________________________ ______
VII. NON-DISSIPATON ORDER
______ ______ _____________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
VIII. INSURANCE BENEFICIARY STATUS
______ ______ _____________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
The Hearing Officer further finds the following:
______ ______ _____________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
Docket No. _________________
IX. PRE-TRIAL STATEMENT
______ ______ Each party shall file and serve a pre-trial statement no later than ______ pursuant to Pa.R.C.P. 1920.33(b).
PLEASE REFER TO THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND SECTIONS OF THE DIVORCE CODE FOR FORM AND/OR SUBSTANCE X. PRE-TRIAL CONFERENCE DATE
The Pre-trial/Settlement Conference is scheduled for _________________ .
In the event that any of the foregoing items have not been complied with by the specific date, a party may file a motion with the Court. That Motion may include a request for an Order under Pa.R.C.P. 4019 and/or Pa.R.C.P. 1920.33(c)(d). Sanctions may include, but are not limited to, the imposition of attorney's fees and /or precluding the introduction of evidence in support of or in opposition to claims. Counsel may apply for further discovery upon cause shown after the foregoing has been provided.
ANY ITEMS NOT PROVIDED FOR BY ONE PARTY TO THE OTHER PURSUANT TO THIS ORDER MAY
NOT BE INTRODUCED OR RELIED UPON AT TRIAL UNLESS BY CONSENT ORDER OR ORDER
OF THE COURT.I acknowledge receipt of the Order and requirements set forth herein.
_________________ ______ _________________
Attorney for Plaintiff ID. # Address
Or Pro Se Party_________________ ______ _________________
Attorney for Defendant ID. # Address
Or Pro Se Party_________________
Hearing Officer_________________ JUDGE
[Pa.B. Doc. No. 16-1296. Filed for public inspection July 29, 2016, 9:00 a.m.]
