THE COURTS
MONROE COUNTY
Amendment of Local Rules of Civil Procedure in Custody, Divorce and Domestic Relations; 5 AD 2017; 52 adm
[47 Pa.B. 7843]
[Saturday, December 30, 2017]
Order And Now, this 12th day of December, 2017, it is Ordered that Monroe County Rules of Civil Procedure in Custody, Divorce and Domestic Relations adopted July 11, 2014 and any subsequent amendments thereafter are amended, effective with adoption of the following:
Addition of Local Rules Nos. 1920.3, 1930.1 and 1930.3;
Amendment of Local Rules Nos. 1910.4, 1910.12, 1915.1, 1915.3-3, 1915.4, 1915.4-4, 1915.8, 1915.12, 1920.51, 1920.51-1, 1920.54 and 1930.4-1;
Rescinding of Local Rules Nos. 1900, 1900.1, 1910.1, 1910.10, 1910.12-A, 1920.12, 1920.43 and 1930.8.
All of the aforementioned changes shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
It Is Further Ordered that the District Court Administrator shall:
1. File one copy of this Rule with the Administrative Office of Pennsylvania Courts via email to adminrules@ pacourts.us.
2. File two paper copies and one electronic copy of this Rule in a Microsoft Word format only on a CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Provide one copy of this Rule to the Monroe County Law Library.
4. Keep such Administrative Local Rules, as well as all local rules of this Court, continuously available for public inspection and copying in the Monroe County Offices of the Prothonotary
a. Upon request and payment of reasonable cost of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
5. Arrange to have this Administrative Rule published on the Monroe County Bar Association website at www.monroebar.org.
6. Arrange to have this Administrative Rule, as well as all local rules, published on the 43rd Judicial District website at www.monroepacourts.us.
By the Court
MARGHERITA PATTI-WORTHINGTON,
President JudgeRule 1900. Domestic Relations Actions—rescinded, effective ___
Rule 1900.1. Procedure to Recover Exhibits—rescinded, effective ___
Actions for Support/Alimony Pendente Lite
Rule 1910.1. Support and Alimony Pendente Lite—rescinded, effective ___
Rule 1910.4. Commencement of Action. Filing.
All actions shall be commenced pursuant to Pennsylvania Rule of Civil Procedure 1910.4. The original and one copy of the complaint shall be submitted to the Monroe County Domestic Relations Office for filing.
The original and one copy of all subsequent support, alimony, and alimony pendente lite filings, including those filed to a divorce action, shall be submitted to the Prothonotary for filing. The Prothonotary shall immediately serve a copy of all documents filed in support and alimony pendente lite actions and all divorce complaints containing claims for support or alimony pendente lite upon the Monroe County Domestic Relations Office. Service upon the Monroe County Domestic Relations Office shall be complete upon the placement of the document(s) in the Monroe County Domestic Relations Office Courthouse mailbox.
Rule 1910.10. Alternative Hearing Procedure—rescinded, effective ___
Rule 1910.12. Exceptions.
Any party filing exceptions to the report of the hearing officer shall, at the time of filing of the exceptions, file a motion for transcript of the proceedings before the hearing officer in conformity with Pa.R.J.A. 4000 et. seq. and Monroe County R.J.A. 4007 et. seq.
Rule 1910.12-A. Form Exceptions Order—rescinded, effective ___
ACTIONS IN CUSTODY 1915.1. Definitions.
''Conciliator'' shall be an active-status attorney duly licensed to practice law in the Commonwealth of Pennsylvania and appointed by the Court.
''Conciliation Conference'' shall be a prehearing negotiation meeting conducted under the auspices of the Court by the Conciliator and in accordance with Pa.R.C.P. 1915.4-3.
''Evidentiary Hearing'' shall be a record hearing before a judge of the Court of Common Pleas, the 43rd Judicial District, Monroe County.
''Family Social Study'' shall be an evaluation and/or report which shall include, but not be limited to, a custody questionnaire, custody evaluation, psychological evaluation, mental health evaluation, drug and alcohol evaluation, drug and alcohol testing, and/or homestudy.
''Program'' shall be the Monroe County Co-Parent Education Program.
''Provider'' shall be the provider of the Monroe County Co-Parent Education Program.
1915.3-3. Co-Parent Education Program.
All parties to initial custody actions and to divorce actions in which the divorce complaint contains a count for custody shall attend and complete the Program. The Court, in its discretion, may require repeat attendance.
1915.4. Prompt Disposition of Custody Cases.
After an initial conciliation conference, any party may petition the court for an Evidentiary Hearing in accordance with Monroe County R.C.P. 208.3(a). The motion for Evidentiary Hearing shall be filed with the Office of the Prothonotary and in accordance with Monroe Co.R.C.P. 205.2(a) and Monroe Co.R.C.P. 1930.1.
1915.4-4. Pre-Trial Procedures.
(a) Pre-trial conferences shall be held in accordance with Pa.R.C.P. 1915.4-4. Unless otherwise ordered by the Court, counsel of record and the parties shall be present for pre-trial conferences.
No later than five days prior to the pre-trial conference, all parties shall provide to the Court and all other parties a pre-trial statement, completed parenting plan, in substantially the form set forth below, and an updated Criminal Record/Abuse History Verification concerning any criminal and/or abusive history, in accordance with Pa.R.C.P. 1915.3-2. The completed parenting plan and Criminal Record/Abuse History Verification shall be attached and submitted to the Court as part of the party's pre-trial statement.
(b) Form. Parenting Plan.
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
_________________ , : NO. ____ CV 20__ Plaintiff : NO. ____ DR 20__ : vs. : : _________________ , : IN CUSTODY Defendant :
PARENTING PLAN This parenting plan involves the following child/children:
Child's Name Age Where does this child live? 1. ___________________________ _____ _________________ 2. ___________________________ _____ _________________ 3. ___________________________ _____ _________________ 4. ___________________________ _____ _________________ If you have children not addressed by this parenting plan, name here:
Child's Name Age Where does this child live? 1. ___________________________ _____ _________________ 2. ___________________________ _____ _________________ 3. ___________________________ _____ _________________ 4. ___________________________ _____ _________________ Legal Custody (who makes decisions about certain things):
Circle one Diet Both parties decide together/Plaintiff/Defendant Religion Both parties decide together/Plaintiff/Defendant Medical Care Both parties decide together/Plaintiff/Defendant Mental Health Care Both parties decide together/Plaintiff/Defendant Discipline Both parties decide together/Plaintiff/Defendant Choice of School Both parties decide together/Plaintiff/Defendant Choice of Study Both parties decide together/Plaintiff/Defendant School Activities Both parties decide together/Plaintiff/Defendant Sports Activities Both parties decide together/Plaintiff/Defendant Additional items Both parties decide together/Plaintiff/Defendant Explain what process you will use to make decisions? (For example, the parent confronted with or anticipating the choice will call the other parent when the choice presents itself, and the other parent must agree or disagree within 24 hours of any deadline.)
_______________________________________________
_______________________________________________
_______________________________________________
Physical Custody (where the child/children live(s)):
The child's/children's residence is with ___________________________ .
Describe which days and which times of the day the child/children will be with each person:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
_______________________________________________
Describe where and when the child/children will be dropped off and/or picked up (day and time of day)?
Drop-Off:
Where: __________
When: __________
Pick-Up:
Where: __________
When: __________
If one of you doesn't show up, how long will the other wait? __________
If there are any extraordinary costs (taxi, train, airplane, etc.), who will pay for which costs?
_______________________________________________
_______________________________________________
HOLIDAYS
Where will the child/children stay?
HOLIDAY YEAR A YEAR B EVERY YEAR Martin Luther King Day _____ _____ ______ President's Day _____ _____ ______ Easter _____ _____ ______ Memorial Day _____ _____ ______ Fourth of July _____ _____ ______ Labor Day _____ _____ ______ Yom Kippur _____ _____ ______ Rosh Hashanah _____ _____ ______ Thanksgiving _____ _____ ______ Vacation after Thanksgiving _____ _____ ______ Christmas Vacation _____ _____ ______ Kwanzaa _____ _____ ______ New Year's Eve/Day _____ _____ ______ Spring Vacation _____ _____ ______ Easter Sunday _____ _____ ______ Child's Birthday _____ _____ ______ Mother's Day _____ _____ ______ Father's Day _____ _____ ______ Other: _____ _____ ______ Other: _____ _____ ______ Other: _____ _____ ______ Summer Vacation Plans:
_______________________________________________
_______________________________________________
Special Activities or School Activities:
Will both of you attend?
Child's Name Activity If not, which of you will attend? _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ Temporary changes to this parenting schedule:
From time to time, one of you might want or need to rearrange the parenting time schedule due to work, family or other events. You can attempt to agree on these changes. If you cannot agree, the parent receiving the request will make the final decision.
The parent asking for the change will ask __ in person __ by letter/mail __ by phone
No later than __ 12 hours __ 24 hours __ 1 week __ 1 month
The parent being asked for a change will reply __ in person __ by letter/mail __ by phone
No later than __ 12 hours __ 24 hours __ 1 week __ 1 month
May parents contact one another? ______
When the child/children is/are with one of you, how may they contact the other parent?
_______________________________________________
When and how may _________________ contact the child?
_______________________________________________
_______________________________________________
In the event that proposed changes, disputes or alleged breaches of this parenting plan and custody order are necessary or desired, the parties agree that such changes will be addressed by the following method (specify method of arbitration, mediation, court action, etc.):
_______________________________________________
_______________________________________________
The following matter or matters as specified by the court:
_______________________________________________
_______________________________________________
Other (Anything else you want to agree on):
_______________________________________________
_______________________________________________
_________________
Date_________________
Signature of Mother_________________
Date_________________
Signature of Father_________________
Date_________________
Signature of Witness
1915.8. Disclosure of Evaluations and Reports.
A party to a custody action shall not disclose the contents of an evaluation or report prepared pursuant to Pa.R.C.P. 1915.8, including but not limited to, Family Social Studies and test results, to anyone except the attorneys of record for the parties, any unrepresented party, the guardian ad litem and/or counsel for the child(ren), if any, and the court in accordance with Pa.R.C.P. 1915.8. Disclosure to an unauthorized person, including the child who is the subject of the action, may result in a finding of contempt and sanctions.
1915.12. Civil Contempt for Disobedience of a Custody Order.
Petitions for contempt shall be filed in the Office of the Prothonotary in accordance with Pa.R.C.P. 1915.12. Petitions for contempt may be scheduled for a conference before the Conciliator. If the contempt matter is not resolved at Conciliation Conference, then the Conciliator shall refer the matter to the judge for appropriate action.
ACTIONS IN DIVORCE 1920.3. Commencement of Action.
An action shall be commenced pursuant to Pa.R.C.P. 1920.3. The original and one copy of all complaints containing claims for support, alimony or alimony pendente lite shall be submitted to the Prothonotary for filing. In all other instances, only the original complaint shall be submitted.
Rule 1920.12. Filing and Service of Complaint. Costs—rescinded, effective ___
Rule 1920.43. Motions and Petitions—rescinded, effective ___
1920.51. Proceedings Before the Master.
(a) Monroe County shall follow the master's hearing procedure set out at Pa.R.C.P. 1920.55-2.
(b) Either party may file a motion for the appointment of a divorce master provided that:
(1) The moving party has complied with the requirements of Pa.R.C.P. 1920.33 (pertaining to inventory and pretrial statement); and
(2) The required fee has been paid to the Prothonotary; and
(3) The moving party has filed of record and served a time stamped copy of the party's written notice of intention to file a motion for the appointment of a divorce master along with a certificate of service, using the forms set forth below, to all counsel of record and unrepresented parties a minimum of 20 days prior to the filing of the motion for the appointment of a divorce master.
(c) If opposing counsel or any unrepresented party objects to the filing of the motion for the appointment of a divorce master, the objector shall, within 20 days of the service of the notice of intention to file motion for the appointment of a divorce master, file with the court a statement of objections which shall include the basis for objection and a statement of when the case will be ready for master's hearing, along with a request for argument. All of the foregoing shall be served on all counsel of record and unrepresented parties.
(d) Failure of a party to timely file objections to the appointment of a divorce master shall be deemed a waiver of the party's right to receive additional discovery.
(e) Upon the filing of the motion for appointment of a divorce master, the Court Administrator shall assign the master and the court shall issue orders scheduling a hearing and a pretrial conference, and setting a deadline for the filing and service of the non-moving party's pretrial statements in conformity with Pa.R.C.P. 1920.33.
(f) Counsel of record and unrepresented parties shall attend the pretrial conference; represented parties shall be available to consult with their counsel by telephone during the pretrial conference. In the event that counsel for either party or an unrepresented party fails to attend the pretrial conference, or fails to file a pretrial statement as ordered, the master may recommend that the court impose sanctions.
(g) If a pretrial conference or any portion of a hearing day is held, the master shall receive a fee in an amount determined by the court.
(h) If additional hearing days are needed, the master shall petition the court with a recommendation regarding the number of additional full or partial hearing days requested and the amount of the additional court costs to be paid by one or both of the parties. The court shall issue an order for the payment of additional costs and following payment of the costs as ordered shall set the additional hearing dates. No additional hearing dates shall be scheduled prior to the payment of the full amount of the additional court costs ordered. The master shall be compensated for any additional full or partial days of hearing in an amount to be determined by the court.
(i) Forms.
[CASE CAPTION]
NOTICE OF INTENTION TO FILE PETITION REQUESTING
THE APPOINTMENT OF A DIVORCE MASTERNotice is hereby given that 20 days following the date set out below, [Plaintiff/Defendant] intends to file a Motion Requesting the Appointment of a Divorce Master.
Date: ______ [Signature of Counsel or Pro Se Party
with full address and telephone.]
CERTIFICATE OF SERVICE I certify that I have provided or will immediately provide a copy of this Notice of Intention to File a Motion Requesting the Appointment of a Divorce Master on all counsel of record and all self-represented parties at the following address:
Name __________
Address __________
Date: ______ [Signature of Counsel or Pro Se Party
with full address and telephone.]1920.51-1. Continuance of Master's Hearing in Divorce.
(a) Scheduled master's hearings may be continued by motion only, filed in accordance with Monroe Co.R.C.P. 208.2(c), 208.2(d) and 208.3(a).
(b) Prior to filing a motion to continue a master's hearing, the moving party or, if represented, their counsel shall contact the office of the Court Administrator to secure several prospective dates for the rescheduled hearing, and shall list those dates on the concurrence/non-concurrence required to be attached to the motion and which shall be substantially in the form set forth below.
(c) Upon receipt of prospective continuance dates from the office of the Court Administrator, the moving party shall forward to all responding parties, or if represented, to their counsel, the concurrence/non-concurrence form setting forth the prospective continuance dates.
(d) Within three (3) business days of receiving the concurrence/non-concurrence form from the moving party, all responding parties, or if represented, their counsel, shall complete the form stating their concurrence or non-concurrence in the motion, and notwithstanding their non-concurrence, shall indicate their availability for hearing on the prospective continuance dates.
(e) The moving party or counsel shall complete a proposed order rescheduling the master's hearing by filling in a specific date for the rescheduled hearing from the list of prospective dates provided by the Court Administrator and approved by all responding parties and counsel, and shall attach the proposed order to the motion.
(f) The completed motion, concurrence/non-concurrence form and proposed order shall be filed in the office of the Prothonotary and copies served on the master, the office of Court Administration and all parties, with a certificate of service.
(g) Motions for continuance of master's hearings shall be filed no later than one week before the scheduled pretrial conference with the master, except for good cause shown.
(h) Form
CERTIFICATION OF CONCURRENCE, NON-CONCURRENCE OR NO REPLY I hereby certify that I am counsel for the movant OR I am the pro se movant and that concurrence in the prayer of the within motion for continuance of divorce master's hearing has been sought from ______ , counsel to respondent, OR ______ , pro se respondent, by mailing the motion for continuance of divorce master's hearing, with a copy of this certification of concurrence, non-concurrence or no reply to the following, addressed as follows on [date of mailing]:
**
I further certify that:
_____ Responses are set out below with signatures of counsel or pro se respondent.
_____ No responses were provided.
I further certify that the office of the Court Administrator has provided the following prospective dates for the rescheduled master's hearing in divorce, all of which are dates on which I am available and movant is available:
_______________________________________________
_______________________________________________ .
Dated: ______ _________________
______ , Esquire
Counsel to Movant[OR]
Dated: ______ _________________
Pro Se MovantI hereby certify that I am counsel to the respondent and that:
_____ I concur in the Motion for Continuance.
_____ I do not concur in the Motion for Continuance.
I further certify that I am available and the respondent is available on the following prospective dates identified above provided by the office of the Court Administrator. I understand that whether I concur or do not concur I am required to identify dates of availability:
_______________________________________________
_______________________________________________ .
Dated: ______ _________________
______ , Esquire
Attorney for RespondentI hereby certify that I am the responding pro se party and that:
_____ I concur in the Motion for Continuance.
_____ I do not concur in the Motion for Continuance.
I further certify that I am available on the following prospective dates identified above provided by the office of the Court Administrator. I understand that whether I concur or do not concur I am required to identify dates of availability:
_______________________________________________
_______________________________________________ .
Dated: ______ _________________
Pro Se Respondent1920.54. Settlement Before Scheduled Hearing.
In the event that the parties settle all claims prior to hearing, the parties and counsel shall appear before the master and state the terms of their settlement on the record. Said appearance is waived if by the close of business on the day before the scheduled hearing the parties file with the Prothonotary and deliver to the master an executed divorce settlement agreement and affidavits of consent. Where parties settle on the record or by the filing of a written divorce settlement agreement, the master shall file a report and recommendation within thirty days of the scheduled hearing date.
RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY Rule 1930.1. Pleadings. Form of Caption.
(a) The form of the caption in all domestic relations matters shall be substantially as follows:
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
Litigant A, : NO. ______ DR 20_____ Plaintiff : : NO. ______ CV 20_____
(*type of action): : vs. : : PACSES Case No. ______
(*for support actions)Litigant B, : Defendant :
(b) Each new domestic relations action shall have a caption that identifies the litigant who commences the action as the Plaintiff and the other litigant(s) as the defendant(s). Every domestic relations action shall be filed to the same domestic relations (DR) docket number as all other pending domestic relations actions involving the same parties. In the event no domestic relations action has been previously filed naming the same parties, the prothonotary shall assign a DR docket number to the initial domestic relations action filed between the parties, and that DR docket number shall thereafter be utilized for all future domestic relations actions between the parties.
(c) In addition to the domestic relations (DR) docket number, a separate civil action (CV) docket number shall be assigned to each type of domestic relations action (e.g., divorce, custody, support, or protection from abuse). The filing party shall designate parenthetically after the civil case (CV) docket number the type of action.
(d) All pleadings filed in support actions shall include the PACSES Case Number in the caption.
(e) There shall be one custody action, filed to the same DR and CV docket numbers, for all custody matters involving the same child or children. Any custody action or pleading filed by a litigant with respect to a particular child or children shall be filed to the DR and CV docket numbers assigned to any previously filed custody action concerning that particular child or children.
Rule 1930.3. Motions to Participate by Electronic Means.
All requests by a party or witness to participate by electronic means in a domestic relations proceeding shall be made by the filing of a written motion with the court.
Rule 1930.4-1. Service of Legal Papers Other Than Original Process.
(a) Manner of Service. Copies of all legal papers other than original process filed in an action or served upon any party shall be served upon every other party to the action in conformity with Pa.R.C.P. 440.
(b) Time for Service. Service shall be made upon every other party to the action on or before the date the legal paper is filed with the court.
(c) Certificate of Service. A certificate of service shall be filed together with any legal papers other than original process filed in an action or served upon any party. The certificate of service shall identify the document served, the individual(s) served, the address(es) where service is made, and the manner of service, and shall be signed by the person responsible for service.
Rule 1930.8. Self-Represented Party—Rescinded, effective ____
[Pa.B. Doc. No. 17-2167. Filed for public inspection December 29, 2017, 9:00 a.m.]
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