THE COURTS
Title 255--LOCAL COURT RULES
LEHIGH COUNTY
New and Revised Local Rules 1920.2--1920.55--Procedural Rules for Actions of Divorce or for Annulment of Marriage; 97-J-9
[27 Pa.B. 2534]
Order And Now, this 11th day of April, 1997, It Is Ordered that the following rules for Actions of Divorce or for Annulment of Marriage in the 31st Judicial District composed of Lehigh County be, and the same is, promulgated herewith, to become effective thirty (30) days after the publication of the rules in the Pennsylvania Bulletin; that the present Lehigh County Rules 1920.13 through 1920.55 are revoked, effective at the same time; that seven (7) certified copies shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Civil Procedural Rules Committee; and that one (1) copy shall be filed with the Clerk of Courts of Common Pleas of Lehigh County.
By the Court
JAMES KNOLL GARDNER,
President Judge
LEHIGH COUNTY RULES FOR
ACTIONS OF DIVORCE OR FOR ANNULMENT
OF MARRIAGEL. C. Rule 1920.2. Venue.
A party who enters an appearance in order to file preliminary objections to venue in an action of divorce or an action for annulment of marriage shall not be deemed to be participating in the proceeding for purposes of Pa.R.C.P. 1920.2(a)(2)(ii).
L. C. Rule 1920.3. Commencement of Action.
(a) An action shall be commenced by filing a complaint with the Clerk of Courts, Lehigh County, Civil Division, Divorce Filings. All subsequent pleadings filed pursuant to the Divorce Code or by separate petition relating to any matter involving the same parties shall be filed with the Clerk of Courts, as aforesaid, and docketed to the same docket number.
(b) In all cases the plaintiff, upon filing of a complaint, shall pay to the Clerk of Courts the sum of $55.00 as an administration fee, in addition to the required filing fees. Where claims for costs and expenses are contained in the complaint, the administration fee shall be subject to apportionment between the parties as with any other fees, costs, and expenses incurred in the action.
L. C. Rule 1920.4. Service.
Proof of service or acceptance of service as authorized by Pa.R.C.P. 1920.4(a) and (d) shall be filed within 30 days of service of process. A copy of the certificate of service shall be forwarded to the Master-in-Divorce as provided for pursuant to L. C. Rule 1920.33.
L. C. Rule 1920.12. Complaint.
(a) In addition to the requirements of Pa.R.C.P. 1920.12, the plaintiff shall set forth in the complaint,
(1) a statement that the plaintiff specifically waives or reserves the right to request that the court so require the parties to participate in counseling in any action under Sections 3301(a)(6), (c), or (d) of the Divorce Code. If a reservation of such request for counseling is contained in the complaint, waiver of the right of plaintiff must be contained in the affidavit submitted under Pa.R.C.P. 1920.72 or a separate waiver must be submitted by the plaintiff prior to the entry of the decree if counseling has been completed pursuant to court order;
(2) an allegation as to the military or non-military service of the parties. If no such allegation is made, the allegation must be contained in the affidavit submitted under Pa.R.C.P. 1920.72 or by separate affidavit prior to the entry of the decree;
(3) a statement as to any children born to the parties, whether such children are minors, and that the plaintiff and defendant have been advised of the requirement to participate in the Co-Parent Education (COPE) Program administered by the Court of Common Pleas of Lehigh County, Pennsylvania pursuant to the Court's Order of December 30, 1993;
(4) if desired, a request that the parties participate in the Interim Relief Program before the Master-in-Divorce.
(b) An additional copy of the verified complaint in divorce shall be filed for each of the following claims set forth in the divorce complaint;
(1) Custody;
(2) Equitable distribution;
(3) Other types of ancillary relief.
(c) A claim for custody, whether filed in a separate complaint or petition or as a count in the divorce complaint shall conform to the requirements of the Uniform Child Custody Jurisdiction Act, 42 Pa.C.S. Section 5341, et seq., and Pa.R.C.P. 1915.1 et seq.
L. C. Rule 1920.13. Pleading More Than One Cause of Action Alternative Pleading.
(a) Where a claim for relief under the divorce code is made in addition to a claim of divorce or for annulment, the plaintiff shall set forth in the complaint or petition requesting such relief, allegations as to whether either party had previously requested the same or similar relief in this or any other jurisdiction and the number, commencement date, and present status (if pending) or the final disposition of such proceeding.
(b) As provided in Pa.R.C.P. 1920.13(d), the court may order reasonable counsel fees, costs and expenses pending final disposition of any claim. In the first instance, the Master-in-Divorce shall hear all petitions for interim counsel fees, costs and expenses. All such requests shall be made by petition and rule to show cause delivered to the Master-in-Divorce Office. An original plus two (2) copies shall be delivered after which the Master shall fix a date and time on the rule returnable and have the original and copies filed with the Clerk of Courts, Civil Division, Divorce filings. The rule to show cause shall be given a return date for filing of an answer and also a conference date with the Master, and shall be forwarded directly to the parties by the Master's Office.
(c) The petition for interim counsel fees, costs and expenses shall contain:
(1) identification of all other pending litigation between the parties;
(2) petitioner's income and expense statement in the form required by the practice and procedure governing an action for support, together with a true copy of petitioner's most recent Federal income tax return and pay stubs, if any, for the preceding six (6) months;
(3) petitioner's inventory of all property owned or possessed in the form sufficient to acquaint the Master of the size, nature, and extent of the assets of the parties, both marital and non-marital;
(4) the specific amounts claimed for interim counsel fees and expenses and any statement for services, bills, estimates, or other itemization or explanation.
(d) The answer to the petition shall include:
(1) the respondent's income and expense statement and inventory as required of petitioner, together with a true copy of respondent's most recent Federal income tax return and pay stubs, if any, for the preceding six (6) months;
(2) a concise statement of respondent's position regarding the amounts claimed by the petitioner.
(e) If no answer is filed by the return date, upon praecipe and an affidavit of service of the petition and rule returnable, showing service more than ten (10) days before the return date, the Master will recommend that the rule be made absolute.
Following conference, the Master will make a recommendation in the form of a draft Order of Court to the Administrative Judge of the Family Division for entry of an interim order recommending the allowance of specific amounts as interim counsel fees and expenses; fees and/or expenses be paid by non-moving party or utilized from existing marital assets; that the petition be denied; or such other relief as warranted under the circumstances. The Order will provide that either party aggrieved may file a written demand for de novo review before the Court within ten (10) days. If neither party files demand for review within ten (10) days thereafter, the recommendation shall be a final Court Order. Demand for de novo review shall be placed on the next available Family Court Miscellaneous list.
L. C. Rule 1920.15. Counterclaim. Subsequent Petition.
Where a claim for relief under the Divorce Code is made in addition to a claim for divorce or for annulment, the defendant shall set forth in the counterclaim or petition requesting such relief, allegations as to whether either party had previously requested the same or similar relief in this or any other jurisdiction and if so, the caption, court, term and number, commencement date, and present status (if pending) or the final disposition of such other proceedings.
L. C. Rule 1920.16. Severance of Actions and Claims. Interim Relief Program.
(a) The Master-in-Divorce shall be empowered to hear petitions for interim relief to assist parties either through agreement or by recommendation for entry of a court order to stabilize their financial circumstances, preserve assets subject to equitable distribution, and provide for interim distribution of marital assets warranted by the circumstances. Other issues subject to interim relief may include the use or possession of marital assets by the parties pending equitable distribution; payment of joint credit card debt or other liens during the divorce action, including mortgages, car payments, car insurance, personal loans, etc.; whether cash assets should be escrowed or whether they should be distributed in whole or in part; whether certain marital assets should be sold or disposed of during the pendency of the divorce; and issues of discovery. This shall be known as the ''Interim Relief Program''.
(1) Participation in the Interim Relief Program shall be voluntary by mutual agreement of the parties. Parties shall retain the right to proceed directly to the Court, if so desired, on any matter that may be submitted pursuant to the Interim Relief Program or for Special Relief pursuant to Pa.R.C.P. 1920.43.
(2) Petitions pursuant to the Interim Relief Program may be filed contemporaneously with the divorce complaint or at anytime thereafter. All such petitions shall be titled ''Plaintiff's/Defendant's Petition for Interim Relief pursuant to Lehigh County Rule of Civil Procedure 1920.16''. The original of the Petition shall be filed with the Clerk of Courts, Civil Division, Divorce filings. A time-stamped copy of the Petition shall be provided to the Master-in-Divorce Office at least five (5) days prior to the intended date of presentation to the Master. Written proofs of notice of presentation as well as agreement of opposing counsel to proceed before the Master-in-Divorce shall be attached to the Petition.
(3) Petitions shall be heard by the Master on Tuesday and Thursday mornings commencing at 9:30 a.m. in the Master-in-Divorce Office. No ex parte petitions will be entertained by the Master. The parties and their counsel shall be entitled to attend the proceedings, although the presence of the parties shall not be required. No record of the proceedings shall be provided by the Master. The parties shall have the right to arrange and provide for their own stenographic services.
(4) Every attempt shall be made by the Master to dispose of all requests/petitions on the date of presentation or hearing. If the parties cannot agree on an Order for relief, the Master will make a written recommendation in the form of an interim Court Order which will be automatically processed by one of the Judges of the Family Division. Any party aggrieved by the Order shall be entitled to file a written demand for review by the Court within ten (10) days of receipt of the Order. Demands for review shall be placed on the earliest available Family Court Miscellaneous list. There shall be no record of the proceedings before the Master unless arranged by either of the parties. If a written demand for review from the recommended Order is filed by either party, the Master shall prepare and file a written statement of the reasons for the recommendation, if not already stated in the recommended Order.
L. C. Rule 1920.22. Discovery.
Any party requesting discovery under Pa.R.C.P. 1920.22 shall present a petition specifying the discovery requested to the Family Court Motion Judge or to the Master-in-Divorce, as heretofore provided pursuant to the Interim Relief Program, and shall comply with all Lehigh County rules relative to the notice and presentation of said petition. The Master-in-Divorce shall be empowered to rule by way of recommendation to the Court on any requests for discovery made pursuant to the Interim Relief Program.
L. C. Rule 1920.31. Alimony Pendente Lite, Counsel Fees, Costs and Expenses.
(a) A claim for alimony pendente lite, whether made by the plaintiff or the defendant, shall in the first instance be decided by the Domestic Relations Section of the Court. Where a claim for such relief is made, the Clerk of Courts shall transmit a duplicate copy of the pleading requesting such relief to the Domestic Relations Section. The practice and procedure with respect to any such claims, including pre-hearing conferences conducted by the Domestic Relations Office, shall be the same as the procedure in cases for support instituted by Civil Complaint.
(b) Claims for interim counsel fees shall be made in accordance with L. C. Rule 1920.13.
L. C. Rule 1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.
(a) As provided in L. C. Rule 1920.4, within thirty (30) days of service of the complaint containing a claim for equitable distribution of property, the plaintiff shall prepare and file a certificate of service. A time-stamped copy of said certificate of service shall promptly be forwarded to the Master-in-Divorce.
The Master shall prepare a recommended Order regarding the filing date for the respective parties' inventories in compliance with Pa.R.C.P. 1920.33(a) which shall be forwarded to the presiding Judge of the Family Division for immediate processing.
The failure of any party to file the necessary inventory of all property as required by Pa.R.C.P. 1920.33(a) may be enforced by the adverse party presenting a motion or petition to the Familiy Court Motions Judge, or to the Master-in-Divorce pursuant to the Interim Relief Program, for such relief as deemed appropriate.
L. C. Rule 1920.42. Court Review Officers.
Case papers transmitted to the court pursuant to Pa.R.C.P. 1920.42(a) shall be reviewed by Court Review Officers. Court Review Officers shall be practicing attorneys designated by the Court.
L. C. Rule 1920.43. Special Relief.
A petition setting forth facts entitling a party to relief under Pa.R.C.P. 1920.43 shall be filed with the Clerk of Courts with rule returnable, subject to all Lehigh County rules relative to the notice and presentation of said petition, or may be presented to the Master-in-Divorce pursuant to the Interim Relief Program. The Master-in-Divorce shall be empowered to hear all petitions presented under subdivision (a) of Pa.R.C.P. Rule 1920.43 by direct petition according to the procedure set forth in L. C. Rule 1920.16 or by directive of the Court.
L. C. Rule 1920.45. Counseling.
A request for counseling shall be substantially the following form:
REQUEST FOR COUNSELING The undersigned, pursuant to Pa.R.C.P. 1920.45, herewith requests counseling and prays the Court to enter an order requiring up to a maximum of three counseling sessions within (xxxxxx) days from
__________
(Plaintiff) (Defendant)The request shall be presented to the Family Court Motions Judge who shall enter an appropriate order, or may be presented to the Master-in-Divorce pursuant to the Interim Relief Program who shall recommend appropriate action by the Court.
L. C. Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.
As provided in Pa.R.C.P. 1920.51(a)(3), the Motion for the appointment of a Master and Order shall be substantially the form prescribed by Rule 1920.74. The motion shall be filed in duplicate with the Clerk of Courts, Civil Division, Divorce filings. All Motions shall be accompanied with a check payable to the Clerk of Courts in the amount of $250.00 unless the $55.00 administration fee required under L. C. Rule 1920.3 has not as yet been paid. In that event, the Motion shall be accompanied with a payment in the amount of $305.00. Any motion which fails to conform to the claims or defenses raised in the pleadings of record may either be denied or vacated.
The Master's fee specified above shall cover the Master's review of the file, scheduling of the initial conference, the initial conference, preparation and filing of the scheduling Order, and the first full day of Master's hearings. If requested by the parties, it shall also cover the settlement conference. Should proceedings not be concluded after a full day of Master's hearing, the Master shall be empowered to request that an additional cost of $200.00 per day be imposed for any subsequent Master's hearings and that said cost be made prior to the scheduling of a second Master's hearing.
No Motion for the appointment of a master shall be filed unless the moving party has filed its Inventory in the form and manner set forth in Rule 1920.33 and 1920.75. The Clerk of Courts may refuse to accept for filing any Motion for appointment if the moving party has failed to have its Inventory filed either prior to or contemporaneous with the filing of the motion. The moving party shall serve upon the non-moving party a true and correct copy of the Motion filed, the proposed Order, and the signed Order when received from the Court.
Upon receipt by the Master of the Order appointing Master, an initial conference before the Master shall be scheduled. Written confirmation of the date and time of the initial conference shall be sent to the parties directly from the Master's Office. With the exception of an unrepresented party, the initial conference shall be between only the Master and counsel for the parties.
At the initial conference, the parties shall submit an informational sheet containing a summary of marital assets/debts, with date of accquisition, separation, and distribution values. A recommended form of such summary is available in the Master's Office. Copies of the parties latest Federal and State Income Tax returns, or other evidence of the incomes of the parties, if any, shall also be provided to the Master.
Following initial conference, the Master will prepare a recommended Order setting forth any additional discovery to be conducted by the parties, with time limits within which to complete such discovery, as well as a schedule for the filing of the pre-trial statements in accordance with Rule 1920.33(b) and a date of the Master's hearing. The recommended Order shall be submitted to the Administrative Judge of the Family Division for immediate processing.
As provided in the recommended Order, either party may request a settlement conference with the Master prior to the filing of the pre-trial statements. No settlement conference shall be scheduled as of course. If a settlement conference is held, counsel and the parties are required to attend. At least five (5) days prior to the date of the settlement conference, (if not previously provided in the parties' Inventory or at the time of the initial conference) the parties shall submit to the Master a summary of the marital and non-marital estate, including valuations of assets on dates of acquisition, separation, and distribution, as well as a proposed resolution of the economic issues. Copies of all appraisals, expert reports, or other documentation to the support the parties' claims should also be available for the Master's review. If the matter is not resolved at the settlement conference, the parties shall proceed with filing of pre-trial statements and other provisions of the Initial Conference Order. The scheduling of the settlement conference shall not relieve the parties from compliance with the Initial Conference Order, unless otherwise directed by the Master.
There shall be a mandatory Pre-Trial Conference held by the Master in every case. Except in unusual cases, the pre-trial conference shall be held on the date of the scheduled Master's hearing commencing at 9:30 a.m. Matters such as the sequence of witnesses, the submission of exhibits, proposed stipulations, and ruling on preliminary legal issues shall be reviewed at that time. The parties are required to be present at the pre-trial conference. No witnesses, except for the parties, shall appear for the hearing until at least 10:00 a.m. Stenographic services shall not be required until at least 10:00 a.m.
The Master's hearing shall be conducted in accordance with Rule 1920.55-2 providing for a full record hearing.
After the conclusion of the hearing, the Master shall provide to the parties an opportunity to submit proposed findings of fact and/or conclusions of law or legal memoranda; no prejudice shall result by any party's failure to do so. No specific form of submission shall be required; letter-form addressed to the Master and served upon the opposing party/counsel is acceptable.
L. C. Rule 1920.52. Bifurcation.
All petitions for bifurcation of divorce proceedings, in the form of a rule to show cause, shall be presented to the Administrative Judge of the Family Court Division for conference with the Court. Following the conference, should a full hearing be required, the matter shall be placed by the Court Administrator on the next available Family Court hearing list. All bifurcation hearings shall be heard by those judges assigned to the Family Court Division.
L. C. Rule 1920.53. Extension of Time for Filing Master's Report.
In contested actions, if the Master cannot file the report within thirty (30) days after receipt of the notes of testimony, as required by Pa.R.C.P. 1920.53(a)(1), the Master shall apply in writing to the Administrative Judge of the Family Court Division for an extension of time prior to the expiration of that period. A copy of such application shall be provided to counsel of record in the case, or directly to any unrepresented party.
L. C. Rule 1920.55. Exceptions to Master's Report.
(a) Timely exceptions shall be placed on the list for argument court by praecipe of counsel at the time of filing exceptions. The procedure to be followed shall be governed by L. C. Rule 211.
(b) If no timely exceptions are filed to the Master's Report, and proof of notice of filing the Master's Report has been filed, the Clerk of Courts, after all costs have been paid, shall cause the entire record to be delivered to the Court for review and adjudication.
[Pa.B. Doc. No. 97-813. Filed for public inspection May 23, 1997, 9:00 a.m.]
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