THE COURTS

ERIE COUNTY

Revision and Restatement of the Rules of Civil Procedure; No. 90518 Court Order 1998

[28 Pa.B. 2285]

Order

   And Now, this 24th day of April 1998, the following revisions and additions to the Rules designated as the Rules of Civil Procedure for the Court of Common Pleas of Erie County, Pennsylvania, are hereby approved, adopted and promulgated as the Rules of Court. These Rule changes, revisions and deletions shall become effective thirty days after publication of the same in the Pennsylvania Bulletin, and they shall apply to all actions pending at the time.

JOHN A. BOZZA,   
President Judge

Rule 1920.55.  Master's Report, Notice, Exceptions, Final Decree.

   (a)  In the event exceptions are not timely filed by either party, the party who sought the appointment of a master shall praecipe the Court for the entry of a final order.

   (b)  Where the parties stipulate on the record that additional documentary evidence shall be submitted to the hearing(s), the Master shall file the report and recommendation within thirty (30) days of receipt of the evidence or in accordance with Pa.R.C.P. 1920.53(a)(1), whichever date is later.

   (c)  Exceptions shall be served on the opposing party or their counsel of record.

   (1)  Within ten (10) days of filing the exceptions, the moving party shall file their request for argument before the family division motions judge. Both parties shall file their briefs no later than ten (10) days prior to the scheduled argument. Copies of exceptions and briefs shall be provided to all counsel or record (or to a party directly if unrepresented by counsel) the Master and to the Judge.

Rule 1029.74.  Motion for Appointment of Master.

MOTION AND PROPOSED ORDER FOR APPOINTMENT OF MASTER

______ (Plaintiff)(Defendant), moves the court to appoint a master with respect to the following claims:
__ Divorce
__ Annulment
__ Alimony
__ Alimony Pendente Lite
__ Distribution of Property
__ Counsel Fees
__ Costs & Expenses
__ Support (attach a copy of affidavit required by Local Rule 1920.51(h))

Name, address, and telephone number of opposing counsel or party is:

   1.  Discovery is complete as to the claim(s) for which the appointment of a master is requested.

   (a)  Plaintiff's Inventory Filed: __________
   (b)  Defendant's Inventory Filed: __________
   (c)  Plaintiff's Income & Expense Statement Filed: __________
   (d)  Defendant's Income & Expense State Filed: __________

   If no Income and Expense statement has been filed, a copy of the Court Order allowing appointment of a Master must accompany this Motion.

   2.  The Statutory ground(s) for divorce (is)(are) __________
 __________

   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.  Additional information, if any, relevant to the motion: __________
 __________

   As the moving party or attorney for the moving party, I certify that all parties have complied with the requirements of Pa.R.C.P. 1920.22 (discovery), 1920.31 (Filing of Income & Expense Statement), 1920.33 (Filing of Inventory), and 1920.46 (Vital Statistics Information).

DATE: _____
_________________
Signature of moving counsel or party

   Type Name, Address, and Phone       

   _________________

   _________________
(         )
_________________

Rule 1920.75.  Form of Inventory.

   (a)  The Inventory required by Rule 1920.33(a) shall be substantially in the following form:

(CAPTION)

INVENTORY OF

_________________

   (Plaintiff)(Defendant) files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years.

   (Plaintiff)(Defendant) verifies that the statements made in this inventory are true and correct. (Plaintiff)(De- fendant) understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

   _________________

(Plaintiff)(Defendant)                        

ASSETS OF PARTIES

   (Plaintiff)(Defendant) marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages.

(   )     1.  Real Property
(   )     2.  Motor Vehicles
(   )     3.  Stocks, bonds, securities, and options.
(   )     4.  Certificates of deposit
(   )     5.  Checking accounts, cash
(   )     6.  Savings accounts, money market and savings certificates
(   )     7.  Contents of safe deposit boxes
(   )     8.  Trusts
(   )     9.  Life insurance policies (indicate face value, cash surrender value and current beneficiaries)
(   )   10.  Annuities
(   )   11.  Gifts
(   )   12.  Inheritances
(   )   13.  Patents, copyrights, inventions, royalties
(   )   14.  Personal property outside the home
(   )   15.  Business (list all owners, including percentage of ownership, and office/director positions held by a party with company)
(   )   16.  Employment termination benefits--severance pay, workers compensation claim/award
(   )   17.  Profit sharing plans
(   )   18.  Pension plans (indicate employee contribution and date plan vests)
(   )   19.  Retirement plans, Individual Retirement Accounts
(   )   20.  Disability payments
(   )   21.  Litigation claims (matured and unmatured)
(   )   22.  Military/V. A. benefits
(   )   23.  Education benefits
(   )   24.  Debts due, including loans, mortgages held
(   )   25.  Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute)
(   )   26.  Other

MARITAL PROPERTY

   (Plaintiff)(Defendant) lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced:

Item	Description	Names of
Number	of Property	All Owners

NON-MARITAL PROPERTY

   (Plaintiff)(Defendant) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property:

Item	Description	Reasons for
Number	of Property	Exclusion

PROPERTY TRANSFERRED

Item	Description	Names of	Names of
Number	of Property	All Creditors	All Debtors

LIABILITIES

Item	Description	Names of	Names of
Number	of Property	All Creditors	All Debtors

[Pa.B. Doc. No. 98-767. Filed for public inspection May 15, 1998, 9:00 a.m.]

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