Amendment to Local Rule L1915.17 Pre-Hearing Conference and Consent Order and Local Rule L1920.51--Appointment of Master--Notice of Hearing; Civil Action No. 98-2114
[28 Pa.B. 5574]
Administrative Order No. 13-1998
And Now, this 21st day of October, 1998, it is hereby
Ordered and Decreed that, effective November 10, 1998, the Carbon County Court of Common Pleas hereby Amends Local Rule L1915.17 governing procedures for the Pre-Hearing Conferences in custody matters and Local Rule L1920.51 governing procedures for Master's of Hearings in divorce cases.
It is furthered Ordered and Decreed that seven (7) certified copies of this Administrative Order shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Civil Procedural Rules Committee.
By the Court
JOHN P. LAVELLE,
Rule L1915.17. Pre-Hearing Conference and Consent Order.
(1) Upon the filing of any claim for custody, partial custody or modification of custody, the moving party shall deposit with the Prothonotary the sum of $300.00 unless excused by the Court.
(2) A pre-hearing conference shall be scheduled before a hearing officer no sooner than ten (10) days after the pleading under these rules commencing the action has been filed. All actions commenced under these rules shall be scheduled for conference.
(3) The pre-hearing conference shall be held to focus on issues of fact and law and to explore the possibility of a negotiated settlement and consent order.
(4) A continuance may be granted by the Court upon good cause shown to afford a party reasonable opportunity to obtain counsel and to prepare defense.
(5) If the parties are unable to agree, the Hearing Officer shall immediately contact the Court Calendar Officer for a hearing date, insert this date on a Hearing Notice, as set forth in ''Form E'', and deliver same forthwith to the parties, counsel, the Court Calendar Officer and file the original with the Prothonotary. The Hearing Officer shall prepare and forward to the Court, within 10 days, a recommended Interim Order which said officer believes is in the best interest of the child(ren) including the hearing date cleared through the Court Calendar Officer. The Interim Order shall also require the parties to file before the hearing with the Prothonotary's Office a Pre-Trial Memorandum which shall contain the following:
(A) A clear concise statement of the principal custody issues to be resolved by the Court;
(B) Principles of law to be applied;
(C) List of witnesses to be called and exhibits;
(D) Listing of any evidentiary disputes; and Legal Argument.
(E) Proposed Findings of Fact
(F) Proposed Custody Order
(6) Upon demand for a full hearing, the moving party shall be responsible to secure the services of an outside court reporter for said hearing and shall be responsible for the attendance of the reporter at the hearing and payment to said outside court reporter unless the Court places the payment responsibility on the other party.
(7) If the parties agree on a custodial arrangement, Two Hundred Dollars shall be refunded to the depositing party and a consent order shall be entered in substantially the following form as set forth in Form D:
COURT OF COMMON PLEAS OF CARBON COUNTY
COMMONWEALTH OF PENNSYLVANIA
__________ Plaintiff VS. NO. ______ __________ Defendant _________________ - Attorney for Plaintiff _________________ -
Attorney for Defendant
NOTICE OF HEARING
Since you have been unable to agree on a custody order, you are ordered to appear in person at the 1st floor Conference Room, Carbon County Courthouse, Jim Thorpe, Pennsylvania, on _________________, 19 ____ at ______A.M./P.M., prevailing time, for a hearing. You are ordered to bring with you the child(ren) if they are presently in your custody. If you fail to appear as provided by this order or to bring the child an order for custody, partial custody or visitation may be entered against you or the court may issue an attachment for your attendance.
PLAINTIFF SHALL DEPOSIT THE SUM OF _________________ WITH THE PROTHONOTARY OF CARBON COUNTY FOR PAYMENT OF COURT COSTS AND HEARING OFFICER FEES NO LATER THAN TEN (10) DAYS PRIOR TO DATE OF HEARING.
PLAINTIFF SHALL ALSO RETAIN THE SERVICES OF A QUALIFIED COURT STENOGRAPHER TO TRANSCRIBE THE TESTIMONY AT SAID HEARING.
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.
LEGAL SERVICES OF NORTHEASTERN PENNSYLVANIA, INC.
122 IRON STREET
LEHIGHTON, PA 18235
COUNSEL IS ATTACHED FOR THESE PROCEEDINGS.
Dated: _________________ , 19 ____ ___________________________ Esquire - Hearing Officer I/We hereby acknowledge receipt of the Notice of Hearing. ___________________________ ___________________________ Plaintiff Defendant ___________________________ ___________________________ Attorney for Plaintiff Attorney for Defendant
Rule L1920.51. Appointment of Master--Notice of Hearing.
(1) In all cases where matters claimed by the parties under the Divorce Code of 1980 are in dispute and unresolved, either party may move for the appointment of a Regular Master by filing a motion with the Prothonotary, which motion shall be in the form prescribed by Pa.R.C.P. 1920.74.
(2) The motion requesting the appointment of a Master shall be filed in duplicate together with a deposit in the sum of Five Hundred ($500.00) Dollars on account of estimated Master's fees and costs.
(3) Scheduling of the Pre-Hearing Conference shall be by the Court Calendar Officer and notice of the time and place of the Pre-Hearing Conference before the Master shall be given by a scheduling Court Order.
(4) Written notice of the final hearing in the form required by Pa.R.C.P. 1915.15(b) shall be given no less than twenty days prior to hearing to each attorney of record and/or the parties by the Master.
(5) The Rules of evidence shall govern the taking of testimony and the admission of exhibits, except that all material and relevant evidence which has substantial probative value may be received and evaluated notwithstanding technical objections to its admissibility.
(6) If the Master determines during the course of the proceedings that additional sums should be deposited for the payment of Master's fees, the Master shall request the parties to deposit such additional sums with the Prothonotary and shall allocate who shall be responsible for the depositing of said additional costs. In the event the parties object to the request of the Master, upon petition of the Master, the Judge shall hold a hearing thereon and issue an appropriate Order.
(7) Final hearings shall be stenographically recorded. The moving party shall be responsible to secure the services of an outside Court reporter from a Court approved list of reporters for said hearing and shall be responsible for payment thereof to said outside court reporter unless the Court places the payment responsibility on the other party.
(8) The Prothonotary may pay the Master upon receipt of a bill unless the bill exceeds the amount on deposit.
[Pa.B. Doc. No. 98-1832. Filed for public inspection November 6, 1998, 9:00 a.m.]
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