[35 Pa.B. 5954]
[Continued from previous Web Page] Rule 1910.30 Authority of Domestic Relations Director and Assistant Director.
The Domestic Relations Director and, in the absence of the Director, the Assistant Director (if any), shall have the authority as delegated from time to time by the President Judge to sign documents for the Court. Said orders shall have the same effect as a Court order entered in open court. Said orders shall be executed in the following manner:
FOR THE COURT
_________________
Director--Domestic Relations Section
Assistant Director--Domestic Relations Section
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
REQUEST FOR A HEARING AND NOW, this ____ of ______ , 20 ____ , the plaintiff/defendant, ______ , by his/her attorney, ______ , respectfully requests the Domestic Relations Section or Court Administrator to list the above case for hearing de novo before the Court for the following reasons: __________
__________
__________The hearing is de novo and therefore is not limited in scope to the reasons set forth herein.
_________________
Plaintiff/DefendantAttorney for Plaintiff: __________
Attorney for Defendant: __________
Name of Conference Officer: __________
Date of Recommendations: __________I certify under penalty of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, that this Request was mailed on the ____ day of ______ , 20 __ , by first class mail, postage prepaid, to the opposing party and to the Domestic Relations Section.
By: __________
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule 1915.3 Commencement of Action. Complaint. Order.
Order for Mediator's Conference.
Each custody complaint shall contain the following notice and order to appear before a custody mediator:
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION--IN CUSTODY
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
NOTICE AND ORDER TO APPEAR You, ______ , have been sued in Court to (obtain)(modify) custody, partial custody or visitation of the child(ren):__________
__________You are ORDERED to appear in person at such time and place as will be determined by the Mediator, ______ , Esquire for a mediation conference. The Mediator shall send you a Notice of the Conference by mail to the address listed on the complaint or petition that has been filed recently.
If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Courthouse
Meadville, PA 16335
Telephone: 814.333.7498
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Crawford County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
BY THE COURT
_________________
J.Date: ______
Rule 1915.4-1 Alternative Hearing Procedures for Custody, Partial Custody or Visitation Action.
(1) Mediation.
Except as provided for in Pa.R.C.P. 1915.4-1, a conference before a Court appointed Custody Mediator shall be held in all cases involving claims for custody, partial custody or visitation.
(2) Purpose.
The parties, with the aid and assistance of the mediator, shall make a good faith effort to resolve the issues and reach an amicable agreement of their differences that meets the best interest of the child(ren).
(3) Deposit.
Before a custody mediator is appointed, the moving party shall pay to the Prothonotary a sum of $200 (or in some other amount established by the court) as a deposit for payment of the custody mediator's fees and costs unless the moving party has been granted leave to proceed informa pauperis in accordance with Pa.R.C.P. 240. The Custody Mediator or the Court will allocate fees and costs among the parties upon the entry of a custody, partial custody or visitation order.
(4) Mediators.
The position of child custody mediator is hereby established. The mediators shall be appointed by the Court and shall be members of the Bar. They shall conduct mediation conferences at such times and places as they direct; may recommend counseling and conduct oral examination of the child(ren) who is (are) the subject(s) of the action, including private interviews during a conference; may request investigative reports from social service agencies, psychological and psychiatric evaluations, or other reports deemed necessary; shall encourage and supervise the formulation of consent orders; and shall submit to the Court a recommended order along with a memorandum which shall include an analysis of the record as a whole and the reasons for the proposed order.
(5) Custody Questionnaire.
In addition to the notice sent to the parties as set forth in Cra.R.C.P. 1915.4-1(7), the custody mediator shall mail a questionnaire, substantially in the form provided hereafter, to the parties with instructions to bring the completed questionnaire to the conference.
The custody mediator shall permit counsel for the parties or the parties themselves to review the other parties' completed questionnaires at the conference. Counsel shall provide copies of their client's questionnaire to opposing counsel or the other parent at the conference.
CUSTODY CONFERENCE QUESTIONNAIRE NAME: __________
SOCIAL SECURITY #: _________________ DATE OF BIRTH: __________
PRESENT ADDRESS: __________
(STREET) (CITY/TOWN) (ZIP CODE)
TELEPHONE: (Home) _________________ (Work) __________
HOW LONG HAVE YOU LIVED AT THIS ADDRESS: _____ YEARS _____ MONTHS
SIZE OF RESIDENCE: (CHECK AND/OR PROVIDE NUMBER OF ROOMS IN SPACES PROVIDED)
( ) Bedrooms ( ) Living Room ( ) Family Room
( ) Kitchen ( ) Dining Room ( ) Bathroom
( ) Other _________________ ( ) _________________
DO YOU (CHECK ONE): ______ RENT ______ OWN ______ SHARING
______ JOINT OWNERSHIP ______ OTHER __________
PROVIDE INFORMATION ABOUT ALL PERSONS PRESENTLY LIVING AT YOUR ADDRESS
(INCLUDE YOURSELF):
NAMES RELATIONSHIP AGE
__________
__________
__________
__________
__________
__________
EMPLOYMENT STATUS:
_____ EMPLOYED _____ UNEMPLOYED _____ UNABLE TO WORK _____ STUDENT
MY EMPLOYMENT REQUIRES THAT I BE AWAY FROM HOME ON AN OVERNIGHT BASIS:
______ YES ______ NO
EMPLOYER INFORMATION:
NAME ADDRESS TELEPHONE #
1. __________
2. __________
3. __________ WORK SCHEDULE FOR EACH EMPLOYER OR SCHOOL SCHEDULE IF STUDENT (CIRCLE DAYS WORKED/CLASS TIMES):
EMPLOYER #1: M T W TH F SAT. SUN. FROM ______ TO ______
EMPLOYER #2: M T W TH F SAT. SUN. FROM ______ TO ______
EMPLOYER #3: M T W TH F SAT. SUN. FROM ______ TO ______
SHIFTS WORKED/TOTAL HOURS:
EMPLOYER #1: __________
EMPLOYER #2: __________
EMPLOYER #3: __________HOW LONG HAVE YOU BEEN EMPLOYED WITH EACH EMPLOYER:
EMPLOYER #1: __________
EMPLOYER #2: __________
EMPLOYER #3: __________
PRESENT EARNED VACATION: ______ ____ (DAYS/WEEKS/MONTHS)
__________
PRESENT PHYSICAL/MENTAL CONDITION IS: _____ GOOD _____ FAIR _____ POOR
I AM PRESENTLY UNDER A DOCTOR'S CARE: _____ YES _____ NO
IF YES, PLEASE EXPLAIN: __________
__________
NAME OF DOCTOR: __________
DO YOU USE DRUGS: _____ YES _____ NO
DO YOU USE ALCOHOLIC BEVERAGES: _____ YES _____ NO
_____ REGULARLY _____ OCCASIONALLY
LIST OTHERS WHO SUPERVISE YOUR CHILD(REN) WHEN YOU ARE NOT ABLE TO DO SO:
NAME ADDRESS AGE RELATIONSHIP
__________
__________
MARITAL STATUS:
_____ SINGLE DATE OF MARRIAGE: __________
_____ SEPARATED DATE OF SEPARATION: __________
_____ DIVORCED DATE OF FINAL DIVORCE:__________
HAVE YOU BEEN CONVICTED OF OR CHARGED WITH ANY OF THE FOLLOWING:
(PLEASE CHECK ALL THAT APPLY):
_____ PUBLIC DRUNKENNESS
_____ DUI
_____ SIMPLE OR AGGRAVATED ASSAULT
_____ DISORDERLY CONDUCT
_____ TRAFFIC VIOLATION
_____ ROBBERY
_____ FIREARMS VIOLATION
_____ COURT ORDER VIOLATION
_____ UNLAWFUL RESTRAINT
_____ DRUG-RELATED OFFENSE
_____ ENDANGERING THE WELFARE OF CHILDREN
_____ INDECENT EXPOSURE
_____ SEXUAL ASSAULT
_____ INCEST
_____ KIDNAPPING
_____ CRIMINAL HOMICIDE
_____ INDECENT ASSAULT
_____ RAPE
_____ SEXUAL ABUSE OF CHILDREN
_____ INVOLUNTARY DEVIATE SEXUAL INTERCOURSE
_____ AGGRAVATED INDECENT ASSAULT
_____ STATUTORY SEXUAL ASSAULT
_____ PROSTITUTION
_____ HARASSMENT OR STALKING
_____ TERRORISTIC THREATS
_____ FALSE IMPRISONMENT
_____ ARSON
_____ MURDER
I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND THAT THIS INFORMATION WILL BECOME PART OF THE RECORD IN THIS CASE.
DATE: _________________ SIGNATURE: __________
(6) Conference.
The mediator shall schedule a conference with the parties within thirty (30) days from appointment.
(7) Notice. Attendance at Conference.
Once the mediator sets a date for the conference, the mediator shall serve a notice in the form set forth above on each party. Notice of the mediation conference shall be sent to the parties by first class United States mail, postage prepaid, addressed to said party's last known address, or by any other method by which service of original process is permitted by the Rules of Civil Procedure. The notice provided herein shall not relieve the moving party from the responsibility to serve appropriate process on the responding party.
If the party seeking relief fails to appear at the mediation conference without proper cause shown and the mediator is satisfied that proper notice fixing the conference has been given to that party, the mediator may recommend to the Court that an order be entered dismissing the claim including a recommendation regarding the costs, or hold a conference and submit a recommended order.
If a responding party fails to appear at the mediation conference, without proper cause shown, and the mediator is satisfied that proper notice fixing the conference was given to that party, the mediator shall proceed to conduct a conference and submit a memorandum and recommended order to be entered by the Court.
(8) Out of State Proceedings.
In order to facilitate compliance with the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act, a party shall provide the Court with all known information concerning a custody proceeding pending or held within the past twelve (12) months in another state which involves the same parties or children.
(9) Report and Recommendations.
The mediator shall submit a report to the Court setting forth the positions and proposals of the parties, together with the mediator's recommendation, the basis therefore, and a proposed order. The mediator shall comply with Pa.R.C.P. 1915.4(d). The mediator shall also submit a copy of the proposed order to each of the parties or their counsel. The mediator will also recommend an allocation of any fees or costs incurred by the mediator. The parties are bound to the recommendations unless and until modified by further Court order.
(10) Order.
The Court may enter an appropriate order after consideration of the report and recommendations of the mediator. After the Court enters its order, a copy thereof shall be delivered to counsel for represented parties and to unrepresented parties by the Court Administrator or the Prothonotary addressed to the address they give the mediator or, if they fail to appear at the mediation conference, to their last known address.
(11) Hearing De Novo.
The order entered by the Court shall become a final order within twenty (20) days from the date of the entry of the order unless a party files a written demand for a de novo hearing with the Court. The written demand for de novo hearing shall be in substantially the form set forth below and shall be filed with the Prothonotary who shall time stamp the demand and forward it to the Court Administrator for a hearing date. A demand for a de novo hearing shall not stay the order entered by the Court until after the de novo hearing unless the Court so directs.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION--IN CUSTODY
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
REQUEST FOR A HEARING AND NOW, this ____ day of ______ , 20 __ , the Plaintiff/Defendant, ______ , by his/her attorney, ______ , respectfully requests the Court Administrator to schedule the above case for hearing de novo before the Court for the following reasons: __________
___________________________ . The hearing is de novo and therefore is not limited in scope to the reasons set forth herein._________________
Plaintiff/DefendantAttorney for Plaintiff: __________
Attorney for Defendant: __________
Name of Custody Mediator: __________
Date of Order: __________
Judge (if any) who has heard previous custody matter(s): __________
__________
Estimated Court time required: __________
I certify under penalty of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, that a copy of this Request was mailed to all parties or counsel of record on the ____ day of ______ , 20 ____ by
First class mail, postage prepaid.By: __________
(12) Request for De Novo Hearing Withdrawn.
When a party files a timely demand for hearing de novo and later on withdraws that request, there shall be no hearing de novo and the order entered by the Court shall become final at the time the request for de novo hearing is withdrawn.
(13) Settlement.
If the parties enter into an amicable settlement after a mediator has been appointed, one or both of the parties shall notify the mediator of the settlement before submitting the settlement to the Court. Upon receiving notification of settlement, the mediator shall cease all work on the matter and shall immediately submit a bill if the mediator has incurred expenses or devoted time in the matter to that point.
Any motion or petition filed with the Court to seek approval of a custody agreement shall include a statement as to whether or not a mediator was appointed, and if a mediator was appointed, the name of the mediator, together with a certification or representation that the mediator was notified of the settlement, and the date notice was given to the mediator. No custody agreement shall be approved by the Court until all costs are paid.
(14) Pretrial Child Custody Conference.
The Court may enter an order requiring all parties and counsel to appear at a pretrial child custody conference where there has been a request for de novo hearing before the Court.
(a) Attendance.
Each party and counsel for every party shall attend the pretrial conference.
(b) Preparation.
At least two (2) business days before the conference counsel and parties who do not have counsel shall file a pretrial memorandum containing:
(i) A concise statement of the issues;
(ii) A proposed resolution;
(iii) A list of any contempt issues;
(iv) A list of fact and expert witnesses with their addresses and a concise statement of their proposed testimony;
(v) A list of exhibits;
(vi) A statement of stipulations desired; and
(vii) A statement of any requests such as special time for witnesses, amount of time the hearing should take, etc.
Rule 1915.13 Special Relief.
Appropriate interim or special relief may be granted only after compliance with local rules relative to notice and presentation of the motion, unless it appears to the satisfaction of the Court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which event the Court may issue an order without hearing and without notice, upon such terms and conditions as it deems just, including the filing of security. In making such a determination the Court shall act on the averments of the pleading, petition or motion, if sworn to, and may consider affidavits or any other proof.
Rule 1915.15 Petition to Modify a Partial Custody or Visitation Order
(1) Order for Mediator's Conference.
Each petition to modify a custody or visitation order shall have attached thereto a notice and order to appear in the form found on page 67 of the Crawford County Rules of Civil Procedure following Cra.R.C.P. 1915.3 in lieu of the order of Court that is contained in Pa.R.C.P. 1915.15(c).
(2) Each petition to modify must include the current addresses of the parties.
(3) Mediation.
The mediation process set forth in Cra.R.C.P. 1915.4-1 shall apply to petitions to modify a partial custody or visitation order.
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE Rule 1920.33 Divorce Prehearing Statements.
Prehearing statements prepared in accord with Pa.R.C.P. 1920.33(b) shall be filed no later than the date set for the prehearing conference unless a Court order provides otherwise.
Rule 1920.42 Praecipe to Transmit Record.
Withdrawal of Claims.
Prior to the filing of a praecipe to transmit the record, any ancillary claim that has not been resolved by an agreement to be incorporated into the decree and has not been resolved by a prior Court order or decree shall be withdrawn by a motion of the party who raised the claim. All motions to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party and the Master, if one is appointed, have been served with a copy of said motion and notice of intention to file the same in accordance with the rules governing motions practice.
Rule 1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing.
(1) Appointment of Masters.
(a) The Court may appoint by separate order a permanent salaried Master who shall not engage in any private domestic relations matters and who shall serve at the pleasure of the Court.
(b) The Court may appoint other attorneys to serve as Masters in cases where it is not reasonable to appoint the permanent Master. In such cases, the Court shall attempt to appoint as Masters in complex or potentially protracted litigation, attorneys who have at least five years experience as practicing members of the Bar of this Court with emphasis or expertise in divorce and related matters.
(c) The Master shall hear such matters as are referred to the Master in the order of appointment.
(d) A motion for appointment of a Master shall be in the form set forth below and shall be accompanied by a certificate of the moving party that the moving party has complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 unless the moving party certifies that one of those rules is inapplicable. Motions for appointment of a Master shall be filed in accordance with Crawford County motions procedure. A Master and may not be appointed where the non-moving party has not complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46, if applicable.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CIVIL DIVISION
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
MOTION FOR APPOINTMENT OF MASTER IN DIVORCE AND NOW, ______ , 20 ____ The Court to appoint a Master with respect to the following claims:
[ ] Divorce [ ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses and in support of that motion states:
1. Discovery (is) (is not) complete as to the claim(s) for which the appointment of a Master is requested.
2. The statutory ground(s) for divorce (is) (are)
__________
a. If 3301(c), affidavit of consent filed by Plaintiff __________
by defendant __________
b. If 3301(d), affidavit of separation filed by (Plaintiff) (Defendant) on ______ Counter-affidavit, if any, filed on ______ .
3. Delete the inapplicable paragraph(s):
a. The action is not contested.
b. An agreement has been reached with respect to the following claims: ______
c. The action is contested with respect to the following claims: ______
4. The action (involves) (does not involve) complex issues of law or fact.
5. The hearing is expected to take ______ (hours) (days).
6. The complaint was filed _____ and served _____ .
7. Matters at issue under the pleadings which are not to be referred to the Master: __________
8. Attached hereto is the completed form required by Pa.R.C.P. 1920.46.
9. I hereby certify that Pa.R.C.P. 1920.31(1) is ( ____ applicable) ( ____ not applicable) and the income and expense statement have been filed as follows:
Plaintiff ______ (date) Defendant ______ date)
10. I hereby certify that Pa.R.C.P. 1920.33(a) is ( ____ applicable) ( ____ not applicable) and the inventories have been filed as follows:
Plaintiff ______ (date) Defendant ______ (date)
11. Appropriate monthly take-home income of:
Plaintiff ______ Defendant ______
12. If applicable, approximate value of marital assets to be distributed:
From Plaintiff's inventory: __________
From Defendant's inventory: __________
13. Approximate value of assets as to which there is a dispute as to whether they are marital assets $ _____ .
14. Additional information, if any, relevant to the motion:
__________
15. I hereby certify that all Masters fees required to be paid have been paid.
Date: ______ __________
Attorney for:
ORDER APPOINTING MASTER AND NOW, ______ , 20 __ ______ , Esquire is appointed Master in respect to the following claims:
[ ] If not filed already, the parties are ordered to file their prehearing statements within twenty (20) days from this date.
[ ] Prehearing statements must be filed by the date set for the Master's prehearing conference.
Per Curiam,
_________________
JudgeReceived of Plaintiff $ ______ Received of Defendant $ ______
______ __________
Prothonotary Date Prothonotary Date
(2) Fees and Costs.
(a) The designated parties shall pay the following fees, which may be changed by the Court from time to time, to the Prothonotary at the times indicated.
(i) A non-refundable administrative fee shall be paid when the divorce complaint is filed.
(ii) A non-refundable Master's fee shall be paid by the moving party at the time a motion for the appointment of a Master is filed.
(iii) A refundable stenographer's deposit, as determined by the Master, of $100 per scheduled day of hearing shall be paid by each party 14 days or more before the hearing is scheduled to begin. In the event the hearing takes more than the originally scheduled time, an additional $100 per scheduled day of hearing will be paid by each party at least 10 days prior to the reconvening of the Master's Hearing. The Master may refuse to proceed if the deposits have not been made. Either party may pay all of the deposit in order to avoid delay of the hearing.
(iv) The fees set forth in this Rule shall be regarded as costs of the case and upon final disposition the Master may recommend and/or the Court may order each party to pay his/her own costs or may order that the costs be divided equitably and paid by each party as may appear just and reasonable.
(v) No motion for the appointment of a Master shall be filed until all of the fees in this rule have been paid to the Prothonotary. In the motion, the moving party must certify to the Court that these fees have been paid in full and the Prothonotary shall certify in writing on the face of the motion that the fees have been paid.
(vi) The fees referred to in subparagraphs (i) and (ii) above shall entitle the parties to eight (8) hours of services of the Master.
(vii) When the fees deposited with the Prothonotary are deemed insufficient to provide for the total services of the Master, especially if the hours referred to in sub-paragraph (vi) have been or will be exceeded, or when a stenographer is to be used, the Master may move the Court to order additional deposits or the parties may agree to additional deposits. The Master shall not be required to conduct additional hearings or proceed further in any respect until the payment of the additional deposits as may be ordered or agreed upon have been made to the Prothonotary.
(viii) The original administrative fee paid in all cases as well as Master's fees and deposits paid in cases where the permanent Master has been appointed shall be paid over by the Prothonotary to Crawford County and credited as revenue to the appropriate budget category in the Court's budget.
(b) Master's fees and deposits, in cases where someone other than the permanent Master has been appointed, shall be as set out in any appointing or other order, and shall be held by the Prothonotary to be paid over as the Court may order to the Master as a fee or returned to the parties, or otherwise. In such a case, the specially appointed Master shall file a motion or motions for the payment of the Master's fees detailing the time and services spent and rendered, and expenses incurred, all in compliance with local motions practice. The special Master shall receive compensation as set by Court Order. The Prothonotary may pay the special Master upon receipt of a bill approved by the parties or their attorneys without the necessity of the Court Order. Special Masters are not required to proceed until the Court -ordered deposit is paid in full.
(c) Whenever a stenographic transcript is required, the Pennsylvania Rules of Judicial Administration shall apply. The Prothonotary may pay the reporter upon receipt of a bill approved by the Master or the Court.
(3) Prehearing Conference.
(a) Masters shall conduct prehearing conferences prior to the Master's hearing, unless both parties or their counsel agree in writing to waive the pretrial conference. The Master may conduct the conference by telephone.
(b) Within ten (10) days after the Master is appointed, the Master shall give notice of the time and place of the prehearing conference to counsel for represented parties and to the parties directly if unrepresented. Said notice shall be by first class mail or fax, posted or sent at least five (5) business days prior to any prehearing conference.
(c) Initial prehearing statements in accord with Pa.R.C.P. 1920.33(b) must be filed on or before the time of the prehearing conference.
(d) At the prehearing conference, the Master will review the following with counsel for the parties or, where a party has appeared without counsel, with the party:
(i) The positions of the parties on each claim, including those where settlement has been reached;
(ii) Discovery which has been completed, including the inventory and pretrial statements (See Pa.R.C.P. 1920.33);
(iii) Any documentary evidence to be presented at the hearing under Pa.R.C.P. 1920.51(a);
(iv) The names and addresses of each witness any party proposes to call at the hearing;
(v) All matters which may be stipulated by the parties at the hearing; and
(vi) Such other relevant matters as should be raised by either of the parties or the Master.
(e) After the prehearing conference, the Master shall:
(i) Prepare a summary of the discussions and action taken at the prehearing conference; and
(ii) Prepare a scheduling order setting forth the time frame for completion of the tasks contemplated at the prehearing conference; the filing of amended prehearing statements; and the date by which the stenographer's deposit must be paid; and
(iii) Serve a copy of the summary and scheduling order on counsel for the parties, or on a party who has appeared without counsel.
(e) Notice and Place of Master's Hearing.
Ten (10) days' notice of the time and place of the initial hearing before the Master shall be given in the manner provided by Pa.R.C.P. 1920.51(b) and (c).
(f) Continuances.
Requests for continuances of hearings and conferences before the Master shall be made pursuant to Crawford County rules governing motions practice and shall first be presented to the Master. The Master shall promptly make rulings on the request. The parties and Master shall adhere to Cra.R.C.P. 208.3(a)(5). The Court shall not review rulings on continuances that are made by a Master unless there has been an abuse of discretion.
Rule 1920.53 Hearing by Master. Report.
(1) Hearing Date.
The Master's hearing shall be held as soon as reasonably possible after the prehearing conference.
(2) Time of Report.
If the Master cannot file the report within thirty (30) days after the hearing and receipt of the transcript if any, and/or written arguments, memoranda or other post-hearing filings by the parties the Master shall file a motion with the Court, pursuant to motions practice, asking for an extension of time.
(3) Compelling the Filing of a Report.
Should the Master fail to file a report within the times required, a party may obtain a rule upon the Master to show cause why the final report should not be filed promptly. If good cause is not shown and no report is filed, the Court shall take appropriate action.
(4) Hearing Transcripts.
The Master shall engage the services of a stenographer. The testimony shall not be transcribed unless:
(a) It is required by the Master as necessary in making the report and recommendation. As a general rule, the Master will make the report and recommendation based upon the notes of testimony taken by the Master. The Master may request a transcript in complex cases or upon agreement of the parties. In the event a transcript is requested, the master's report and recommendation must be filed within 30 days of receipt of the transcript. The Master may direct the parties to post an advance deposit for the cost of the transcript, with final apportionment of the cost made as part of the report and recommendation; or
(b) It is ordered by the Court following the filing of exceptions; or
(c) It is ordered by a party.
If a transcript is ordered by a party, that party shall arrange to pay for the transcript in accordance with the Rules of Judicial Administration and the cost of the transcript may be allocated to one or both of the parties by a Court order.
Rule 1920.55-2 Master's Report. Notice. Exceptions. Final Decree.
(1) Where a party believes that there is a patent error in the Master's Report, the Court prefers that patent errors be corrected quickly and efficiently. Said party may file a motion within five (5) business days from the date of the Master's report for the Master to correct patent errors. The original motion shall be filed of record, but not sent to the Court Administrator or the Judges Chambers, and copies shall be served on the Master and the other party. The Master shall respond within ten (10) business days by either filing a corrected/amended report or statement denying the motion. The time for filing exceptions to the Master's Report or corrected/amended report shall start to run that date.
(2) Exceptions shall be filed in writing with the Prothonotary and, simultaneously therewith, served upon the opposing party or counsel of record and the Court Administrator.
(3) The Court Administrator shall list the exceptions for the argument list to be held no sooner than sixty (60) days of the date the exceptions are filed.
(4) The party filing exceptions shall promptly obtain a transcript of the Master's hearing and make certain that the transcript is filed with the Court at least fifteen (15) days prior to the date of the argument. A party desiring that less than the entire proceeding be transcribed shall file a motion with the Court within five (5) business days after filing exceptions.
(5) The parties may agree to one (1) thirty (30) day continuance of the argument, so long as the motion to continue is filed at least ten (10) days prior to the date of the argument. The Court will not consider any other consented-to continuance of the argument unless the motion to continue is signed by both parties to the divorce action.
(6) If no exceptions are filed within ten (10) days of the notice of the filing of the Master's Report, the report and entire file shall be transmitted to the Court upon praecipe of either party to transmit the record. The recommended order may become a Final Order of Court. The Master shall not be required to file this praecipe. The responsibility for moving the matter to the Court for the Court's attention is placed upon the parties.
(7) The content of briefs and briefing schedule shall follow Cra.R.C.P. 210 and 307.
MINORS AS PARTIES. Rule 2039 Compromise. Settlement. Discontinuance and Distribution.
(1) Every petition for approval by the Court of a proposed compromise, settlement or discontinuance in an action in which a minor is a party, or where a minor was injured, shall set forth:
(a) The facts out of which the cause of action arose;
(b) The elements and items of damage sustained;
(c) A list of all expenses incurred or to be incurred, whether or not they have been paid, by whom payment was made, and arrangements for payment of unpaid bills;
(d) Any limits on a defendant's financial responsibility;
(e) A statement of the nature of the evidence relied on to establish liability, if any;
(f) The facts relied upon by an adverse party;
(g) The fees of counsel;
(h) The present status of the minor's health and injuries, together with a written report from attending health care providers stating the extent of the injury, the treatment given and the prognosis for the injured minor; and
(i) Any circumstances relevant to the propriety of granting the petition.
(2) The motion shall be presented in Motions Court in keeping with Crawford County Rules governing motions procedure. The Court may, upon presentation of motion, elect to hold an evidentiary hearing.
(3) The minor shall be present in the Court at the time for the presentation of the motion unless excused by the Court for cause shown.
INCAPACITATED PERSONS AS PARTIES Rule 2064 Compromise. Settlement. Discontinuance and Distribution.
For the petitions under Pa.R.C.P. 2064 refer to Cra.R.C.P. 2039.
ACTIONS FOR WRONGFUL DEATH Rule 2206 Settlement. Compromise. Discontinuance and Judgment.
For the petitions under Pa.R.C.P. 2206 refer to Cra.R.C.P. 2039.
UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS Rule 5000.7 Fees for Transcripts.
(1) The typing of transcripts and payment under provisions of this Rule are not automatic. All transcripts must be ordered pursuant to the Uniform Rules Governing Court Reporting and Transcripts adopted by the Pennsylvania Supreme Court (RJA 5001.1 et seq.)
(2) These local rules are intended to cover matters not covered by the Pennsylvania Uniform Rules Governing Court Reporting and Transcripts.
(3) In criminal cases where the defendant is represented by private counsel and in all civil cases, except where a party has been permitted to proceed informa pauperis, the Court reporters may charge, and a party requesting a transcript or copies shall pay, $2.15 per page for the original, which shall be filed with the Clerk of Courts or Prothonotary, as the case may be, and $1.10 per page for any copy.
(4) Court reporters may require a deposit up to one-half of the estimated total charge for any transcript or copies as a condition precedent to starting transcription. Court reporters are not required to file the original transcript nor furnish copies until receipt of payment in full.
(5) These rates shall not apply to any transcripts produced on an accelerated schedule, i.e. daily copy, overnight or expedited transcripts.
Rule 5000.13 Ownership of Notes. Safeguarding. Retention.
(1) The original transcript shall be available for the Court. No person shall reproduce the original or a copy of the transcript by copy machine or other methods of image production. Any person making such a reproduction is liable to the reporter for the costs, and shall be liable for any other appropriate costs or damages.
(2) The Court reporters shall maintain in safekeeping all stenographic notes, tapes or other media used by them to record a proceeding for seven (7) years except as hereinafter provided. Thereafter, the notes, tapes or other media may be destroyed, except as hereinafter provided.
(3) Notwithstanding the foregoing subsections, any interested party may petition the Court to retain stenographic notes, tapes or other media used by Court reporters to record a proceeding for additional periods of time and the Court may enter a specific order in a specific case permitting a longer period of retention.
(4) The Prothonotary and Clerk of Courts shall not permit the original transcript or a copy thereof to leave their custody, except for use by a Judge, or by order of Court, or for the use by an appellate court as required by law or rules of Court.
[Pa.B. Doc. No. 05-1977. Filed for public inspection October 28, 2005, 9:00 a.m.]
[35 Pa.B. 5981]
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