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PA Bulletin, Doc. No. 01-1298

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Local Divorce Rules

[31 Pa.B. 3872]

Order

Reed, P.J.
June 28, 2001

   The Local Divorce Rules (the ''Local Divorce Rules'') which follow are hereby adopted. Effective the date onwhich the Local Divorce Rules become effective, all previously adopted local divorce rules are rescinded.

   The Local Divorce Rules shall become effective thirty (30) days after their publication in the Pennsylvania Bulletin. The Court Administrator of Beaver County shall submit seven (7) certified copies of this order and of the Local Divorce Rules, which follow, to the Administrative Office of Pennsylvania Courts; two (2) certified copies of this order, with the Local Divorce Rules attached, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) certified copy of this order, with the Local Divorce Rules attached, to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court; and one (1) certified copy of this order, with the Local Divorce Rules attached, to the Prothonotary of Beaver County, to be kept for public inspection and copying.

By the Court

ROBERT C. REED,   
President Judge

Rule L1920.43.  Special Relief.

   A party seeking special relief must give notice to opposing counsel, or to an unrepresented opposing party, of his or her intention to seek such special relief. The notice shall set forth the place and time at which the request for special relief will be presented, and it must be received by opposing counsel or an unrepresented opposing party at least three (3) calendar days before the request is to be presented. (The three (3) calendar day notice period will be computed in accordance with Pa.R.C.P. No. 106.) The notice shall be accompanied by a copy of the petition seeking relief and of the proposed order.

   If immediate relief is requested, or if the request for relief is such as would likely be opposed, a copy of the notice, the petition, and the proposed order shall be delivered to the judge to whom the request is to be made at least three (3) calendar days before the request is to be presented.

   When presented, the petition seeking relief must be accompanied by an affidavit of service setting forth that notice has been given in compliance with the provisions of this Rule L1920.43, which will be strictly enforced. If immediate relief is requested, or if the request for relief is such as would likely be opposed, and opposing counsel or an unrepresented opposing party has not appeared, the party presenting the petition must be prepared to place on the record any communication with opposing counsel or the unrepresented opposing party, or the nature of any unsuccessful attempt to engage in such communication.

Rule L1920.50.  Pre-Trial Conference.

   When a divorce case which contains contested claims is at issue, either party may present to the judge assigned to divorce matters a motion for a pre-trial conference. A party requesting a pre-trial conference must first have filed an inventory prepared in compliance with Pa.R.C.P. No. 1920.33(a); the motion requesting the pre-trial conference must so certify.

   Advance notice must be given. The notice shall set forth the place and time at which the motion will be presented, and it must be received by opposing counsel or an unrepresented opposing party at least three (3) calendar days before the motion is to be presented. (The three (3) calendar day notice period will be computed in accordance with Pa.R.C.P. No. 106.) The notice shall be accompanied by a copy of the motion.

   At least five (5) calendar days prior to a scheduled pre-trial conference, each party shall file, serve, and deliver to the trial judge a pre-trial statement prepared in compliance with Pa.R.C.P. No. 1920.33(b). This requirement will be strictly enforced. (The five (5) calendar day period will be computed in accordance with Pa.R.C.P. No. 106.)

   The issues to be addressed at a pre-trial conference shall include settlement, simplification of any unresolved issues, and whether the court or a Master will hear any unresolved issues.

Rule L1920.51.  Proceedings Before Master.

   If a party seeks to continue a hearing or other proceeding which has been set by the Master, and the other party opposes the continuance, the motion requesting a continuance of the matter pending before the Master shall be presented to the judge who appointed the Master.

   Advance notice must be given. The notice shall set forth the place and time at which the motion will be presented, and it must be received by opposing counsel or an unrepresented opposing party at least three (3) calendar days before the motion is to be presented. (The three (3) calendar day notice period will be computed in accordance with Pa.R.C.P. No. 106.) The notice shall be accompanied by a copy of the motion.

Rule L1920.55.  Exceptions to a Master's Report.

   Counsel or an unrepresented party who files exceptions to a Master's Report shall, concurrently with the filing, deliver a copy of the exceptions to the judge who appointed the Master.

Rule L1920.76.  Form of Divorce Decree.

   1.  If no economic claims have been raised in the pleadings, and the party seeking a divorce decree is entitled to it, the decree shall read, in full, as follows:

DECREE

   And now, _________________ , 200 __ , it is ordered and decreed that ______ , plaintiff, and ______ , defendant, are divorced from the bonds of matrimony.

   2.  If economic claims have been raised in the pleadings, and the parties have consented both to a divorce and to the entry of a bifurcated decree, the bifurcated decree shall be in the form prescribed by Pa.R.C.P. No. 1920.76.

   3.  Where economic claims have been raised in the pleadings, a bifurcated decree has previously been entered, and the parties have now entered into a marriage settlement agreement (''MSA'') which resolves the economic issues, a request for entry of the MSA shall be by motion and decree. The motion shall set forth the date on which the bifurcated decree was entered and a request that the MSA be entered. The decree shall enter the MSA as a part of the divorce decree, whether merged into it or not.

[Pa.B. Doc. No. 01-1298. Filed for public inspection July 20, 2001, 9:00 a.m.]


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