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PA Bulletin, Doc. No. 98-1939

THE COURTS

Title 255--LOCAL
COURT RULES

BUCKS COUNTY

Local Rules Relating to Divorce

[28 Pa.B. 5851]

Order

   And Now this 3rd day of November 1998, the Bucks County Rules of Civil Procedure are amended as follows.

   1.  Rules 1920.13*(d), 1920.22*(c), 1920.33*(g), 1920.42*(c), *(d) and *(e), 1920.51*(f) and *(g), 1920.54*(e), 1920.55*(d), 1920.*63 and 1920.76*(a) are rescinded.

   2.  Rules 1920.33*(g), 1920.42(d)*(3), 1920.42*(f), 1920.51*(f) and *(g), 1920.55-3(c)*(1), 1920.*63 and 1930.5*(c) are promulgated:

Rule 1920.33*(g)  Failure to File Pre-Hearing Statement.

   1.  Specific testimony or evidence may be excluded at the master's hearing or at the hearing de novo when a party has failed to comply with Pa.R.C.P. 1920.33.

   2.  The deadline for filing pre-hearing statements is modifiable only on written agreement or on a finding of good cause.

Rule 1920.42(d)*(3)  Proceedings Upon Filing of Counter-Affidavit.

   When a counter-affidavit denies irretrievable breakdown of the marriage or two-year separation, either party may file a motion for record hearing before the permanent master on grounds for divorce.

Rule 1920.42*(f)  Form of Divorce Decree.

   1.  The caption of the decree of divorce shall include the statutory grounds for the divorce.

   2.  The decree shall not retain jurisdiction of ancillary claims or convert spousal support to alimony pendente lite except in accordance with Bucks County Court Rule 1920.16*(a).

   3.  The decree shall incorporate a property settlement agreement only if one of the provisions of the agreement requests incorporation or if incorporation is requested in a separate written stipulation.

Rule 1920.51*(f)  Permanent Masters.

   1.  All claims for divorce under Section 3301(a), (b) and (d)(1)(ii) of the Divorce Code, and all claims for annulment shall be heard by one of the permanent masters. The proceedings shall be conducted in accordance with Pa.R.C.P. 1920.55-2.

   2.  All claims for equitable division of marital property, counsel fees, costs and expenses and any aspect thereof shall be heard by one of the permanent masters. The proceedings shall be conducted in accordance with Pa.R.C.P. 1920.55-3.

Rule 1920.51*(g)  Application for Hearing, Objections to Applications, Forms, Times.

   1.  An application for hearing by the master of related claims may be filed only after entry of an order approving grounds for divorce or annulment and after the moving party has complied with Pa.R.C.P. 1920.31(a)(1) and 1920.33(a), and with any orders entered pursuant to Bucks County Rule 1930.5*(c).

   2.  The application for hearing shall be substantially in the form set out in the Bucks County Rule 1920.74(c) and shall propose a deadline for filing of pre-hearing statements.

   3.  The application for hearing shall be stricken by the master for failure of the moving party to comply with Pa.R.C.P. 1920.31(a)(1) and 1920.33(a), and with any orders entered pursuant to Bucks County Rule 1930.5*(c). A motion to strike shall be substantially in the form set out in Bucks County Rule 1920.74(d), and shall be filed within 10 days of service of the application for hearing.

Rule 1920.55-3(c)*(1)  Demand for Hearing De Novo, Withdrawal.

   A written demand for a hearing de novo on claims for alimony, equitable distribution of marital property, counsel fees, costs and expenses may not be withdrawn without leave of court unless the opposing party consents in writing to the withdrawal.

Rule 1920.*63  Discontinuance.

   An action for divorce, annulment or equitable division of marital property may not be withdrawn or discontinued without leave of court or a written agreement of the parties filed of record.

Rule 1930.5*(c)  Discovery.

   The procedure for compelling compliance with R.C.P. 4001 et seq. shall be in accordance with Bucks County Rule 4019(g)(1)*(a) and *(b).

   It is hereby Ordered that these changes shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

ISAAC S. GARB,   
President Judge

[Pa.B. Doc. No. 98-1939. Filed for public inspection November 27, 1998, 9:00 a.m.]


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