THE COURTS
FRANKLIN AND FULTON COUNTIES
Revision of Local Civil Action Rules 39-1920.51 and 39-1920.53; Miscellaneous Docket, Volume BB, Page 48
[26 Pa.B. 4084]
Order of Court August 9, 1996, the following Civil Action Rules are amended for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, both the Franklin and Fulton County Branches: 39-1920.51 and 39-1920.53, effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN R. WALKER,
President JudgeRule 39-1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.
(a) When alimony pendente lite is an issue in divorce, it must be raised in the complaint or subsequent pleadings under Pa.R.C.P. 1920.12, 1920.13, 1920.14, 1920.15, et seq., and filed with the prothonotary.
(b) A hearing on the alimony pendente lite issue [may be held at the election of the party requesting alimony pendente lite:
(1) Before the standing master in divorce, following the procedures outlined at Local Rule 39-1920.53 et seq.; or,
(2) Before a hearing officer under Pa.R.C.P. 1910-11, appointed by the Court to hear alimony pendente lite matters, and employed by the Franklin County Domestic Relations Office.
(c) Where a party elects to request a hearing] shall be scheduled before a Domestic Relations hearing officer[, the party must file] upon the filing of a complaint for alimony pendente lite at the Domestic Relations Office which contains the following averment:
(1) The fact that a complaint in divorce has been filed with the prothonotary, the date of the filing and docket number assigned to the file.
(2) The fact that the issue of alimony pendente lite has been raised in the complaint or in a responsive or subsequent pleading and the date alimony pendente lite was raised.
(3) The fact that the fee of $20.00, or any other such fee as may be in effect at that time, for the additional county of alimony pendente lite to the divorce file was paid to the prothonotary and the date such fee was docketed.
(4) Any substantive information required by the Domestic Relations Office.
[(d) Where a party elects (b)(2) herein, a] (c) A true and attested copy from the prothonotary's office of the complaint or other pleading in which alimony pendente lite was raised must be attached to the complaint for alimony pendente lite filed with the Domestic Relations Office.
Rule 39-12920.53. Hearing by Master. Report.
(a) When an action is at issue, either party may file a motion for the appointment of a master unless a jury trial has been ordered by the court pursuant to the Divorce Code as codified in 23 Pa.C.S.A. Section 3101 et seq.
(b) When a motion for the appointment of the standing master is filed, the moving party shall deposit a non-refundable sum of [$300.00] $350.00 with the prothonotary. The prothonotary shall transmit said deposits as provided in 39-1920.3(b). The prothonotary shall notify the standing master of the filing of all motions for the appointment of the standing master only if the moving party has certified to the filing of his/her inventory and appraisement and/or income and expense statement, if appropriate, pursuant to Pa.R.C.P. 1920.31 and 1920.33.
(c) The standing master shall be appointed by the court to serve at will and shall serve in the Franklin and Fulton County Branches of the 39th Judicial District pursuant to the applicable Pennsylvania Rules of Civil Procedure and the applicable 39th Judicial District Civil Action Rules. The standing master shall be under the supervision of the court and shall not be permitted to practice law in areas relating to the domestic relations practice.
(d) The standing master shall hear claims for fault divorce, issues of a contested two-year separation divorce action, equitable distribution of property, alimony, alimony pendente lite, counsel fees and expenses. Claims addressing actions for support for children, custody, spousal support or paternity shall be referred to the court administrator for appropriate disposition.
(e) In the event of recusal by the standing master or unavailability of the standing master, the court may in its discretion appoint a temporary divorce master.
(f) Claims for interim relief, emergency relief, injunctive matters, and exclusive possession of the marital home[, petitions for special discovery and sanctions] shall be heard by the court. The court may in its discretion refer same to the standing master for appropriate disposition.
[(g) The standing master shall within ten (10) days of his/her appointment give written notice to each party or their counsel of his/her appointment. The standing master shall schedule a pre-trial conference within thirty (30) days of the date of his/her appointment and shall give each party fifteen (15) days written notice of the time and place of the conference.]
(g) Upon a party's failure to answer within the prescribed time period interrogatories filed as of course pursuant to Pa.R.C.P. 1920.22(b) and the related rules of civil procedure governing depositions and discovery, the aggrieved party may file with the standing master a petition and rule to show cause why the other party should not be found in contempt with the rule returnable on a date established by the standing master for hearing. Upon further non-compliance of a party with the order issued by the standing master following said hearing, the aggrieved party may file a petition with the standing master who shall list the matter for a contempt hearing with the court on the day and time regularly scheduled for support contempt hearings.
(h) Petitions for special discovery filed pursuant to Pa.R.C.P. 1920.22(a) shall be referred to the standing master who shall be vested with the authority to issue orders for compliance in connection with special discovery requests. Upon a party's failure to comply with the order of the standing master granting a request for special discovery, the aggrieved party may file a petition with the standing master who shall list the matter for a contempt hearing with the court on the day and time regularly scheduled for support contempt hearings.
(i) Within ten (10) days of the standing master's receipt of his appointment with the accompanying certification by the moving party pursuant to Pa.R.C.P. 1920.74(a) that discovery is complete as to the claim(s) for which the appointment of the master is requested, the standing master shall give notice of his appointment to the parties. Said notice shall inform the non-moving party of his/her completion of discovery or, in alternative, his/her need for further discovery. The standing master shall have the power to issue as of course upon the request of the non-moving party an interim order providing up to sixty (60) days to complete discovery.
(j) Within thirty (30) days of certification by the non-moving party that discovery is complete or upon the expiration of the period of time granted by the standing master to complete discovery, the standing master shall schedule a pre-trial conference and shall give each party fifteen (15) days written notice of the time and place of the conference. The pre-trial statement required by Pa.R.C.P. 1920.33(b) shall be filed and delivered to the standing master seven (7) days before the pre-trial conference.
[h] (k) Counsel for the parties shall attend the standing master's conference, or if unrepresented, the party pro se. The standing master shall examine the pleadings to determine if appropriate jurisdiction lies with the standing master of the 39th Judicial District and shall determine whether the pleadings and inventories provide sufficient information to define the matters at issue. If the parties are unable to resolve the matter after conference with the standing master, the standing master shall forthwith schedule [a hearing] a settlement conference at the Master's discretion and a separate hearing. The parties and their legal counselshall attend the settlement conference, if scheduled.
[i] (l) Fifteen (15) days written notice of the time and place of the settlement conference and the taking of testimony at the hearing shall be given to counsel for the parties, or in the event a party is not represented by counsel, to the party directly, in the manner provided for in Pa.R.C.P. 1920.51. The standing master shall hear testimony on all issues properly before the standing master and shall file the record and a transcript of the testimony with a report and recommendation in the format set forth in Pa.R.C.P. 1920.53; and/or Pa.R.C.P. 1920.54. The standing master shall attach to the report a proposed order consistent with the recommendations. Notice of the filing of the report shall be made in conformity with Pa.R.C.P. 1920.55.
[j] (m) The standing master shall be compensated by an annual salary set by the court. The standing master shall annually report to the court on the income and expenses of the Standing Master Account.
[k] (n) The moving party shall arrange for and pay the stenographer's expenses, which expenses will be allocated between the parties by the master at the conclusion of the case. Court stenographers employed by the 39th Judicial District may be employed when available and shall be paid for the transcript of testimony only and not for a ''sitting'' fee.
[l] (o) In those extraordinary cases in which the taking of testimony exceeds one day of hearing, the master shall order each party to deposit with the prothonotary an additional $300.00 per additional day of hearing in accordance with the master's directive and in advance.
[m] (p) Local Rule 39-1920.3 shall become effective October 1, 1993. Local Rule 39-1920.53 shall become effective October 1, 1993.
[Pa.B. Doc. No. 96-1366. Filed for public inspection August 23, 1996, 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.
