Adoption of New Local Rules of Court—2002; No. CP-03-AD-0000189-2002
[40 Pa.B. 5568]
[Saturday, October 2, 2010]
Order of Court
And Now, this 13th day of August, 2010, effective November 1, 2010, it is hereby Ordered that Armstrong County Local Rule of Civil Procedure No. 1920.51 be amended to read as follows
Rule 1920.51. Appointment of Master. Preliminary Conference. Security for Payment of Master's Fees and Costs. Allocation.
(a) In all divorce or annulment actions where there are unresolved issues properly referable to a master under applicable statutes or rules of court, a party may move for the appointment of a master. The form of the motion shall be as prescribed by Pa.R.C.P. No. 1920.51(a)(3). The moving party shall pay a sum of money to the Prothonotary at the time the motion is filed, which sum shall be determined from time to time by order of Court, as security for payment of master's fees and costs.
(b) The master shall schedule a preliminary conference immediately after the order of appointment has been entered. The preliminary conference shall occur within sixty (60) days of the date of appointment, and it shall be attended by the parties and their counsel. At the preliminary conference, those present shall explore the possibility of resolving the issues in dispute without further litigation. At least three (3) days in advance of the preliminary conference, the parties shall exchange memoranda expressing their perceptions of and position on the issues, providing the master with a copy of the same. If a party fails to appear either personally or through counsel at a preliminary conference, the costs of the conference shall be assessed against such party in any ultimate equitable distribution award recommended by the master.
(c) After payment to the Prothonotary of an additional sum of money as security for payment of the master's fees and costs, the master shall schedule an evidentiary hearing to receive evidence on all issues which were not resolved at the preliminary conference. The master shall schedule the evidentiary hearing only after a party has presented satisfactory proof to him that the additional security for costs have been paid. The amount of the additional security shall be determined from time to time by order of Court.
(d) The Court may, upon motion of the master presented at Motions Court, require a party to enter security for the master's fees and costs in addition to that required under subsections (a) and (c) of this rule.
(e) The master's fees and costs shall be regarded as costs of the case, and the master may recommend and the Court may order an equitable allocation of the same as part of the final adjudication and order, even if the security already paid is sufficient to pay them in full.
(f) The provisions of this rule shall apply to instances where the Court appoints a master pursuant to its own motion.
(g) The master's fee and costs incurred as a result of the scheduling or conducting of a preliminary conference or a hearing shall be paid by the Prothonotary upon approval of the court.
See L.R.C.P No. 1920.31 for the procedure to be followed in claims for alimony pendente lite asserted in a divorce proceeding.
The Court Administrator is hereby Directed to:
(1) file seven certified copies of the rule with the Administrative Office of Pennsylvania Courts;
(2) distribute two certified copies of the rule and a computer diskette containing the text of the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(3) file one certified copy of the rule with the Domestic Relations Procedural Rules Committee; and
(4) keep the rule continuously available in the Office of Prothonotary for public inspection and copying.
By the Court
KENNETH G. VALASEK,
[Pa.B. Doc. No. 10-1871. Filed for public inspection October 1, 2010, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.