THE COURTS
MONROE COUNTY
Promulgation of Local Rules of Civil Procedure and Domestic Relations
[31 Pa.B. 3874]
Order And Now, June 27, 2001, the Local Rules of Civil Procedure are adopted to be effective September 1, 2001. All Local Rules of Civil Procedure heretofore adopted are rescinded effective September 1, 2001.
By the Court
RONALD E. VICAN,
President Judge
Actions in Domestic Relations
Table of Contents General Rules
Rule 1900--Domestic Relations Action.
Rule 1900.1--Procedure to Recover Exhibits.
Actions in Support/Alimony Pendente Lite
Rule 1910.1--Support and Alimony Pendente Lite.
Rule 1910.4--Commencement of Action.
Rule 1910.10--Alternative Hearing Procedure.
Rule 1910.12--Hearings, Continuances and Exceptions.
Rule 1910.12-A--Form-Exceptions Order.
Actions in Custody
Rule 1915.1--Definitions.
Rule 1915.3--Commencement of Action. Complaint. Order. Fees.
Rule 1915.3-1--Co-Parent Education Program.
Rule 1915.4-1--Conciliation Conference.
Rule 1915.5--Motions and Petitions.
Rule 1915.8--Disclosure of Expert Evaluations.
Rule 1915.10--Evidentiary Hearing.
Rule 1915.12--Civil Contempt for Disobedience of a Custody Order.
Rule 1915.15--Forms.
Scheduling Order on Complaints and Motions for Conciliation Conferences
Co-Parent Information and Registration
Order for Prehearing ConferenceActions in Divorce
Rule 1920.12--Filing and Service of Complaint: Costs: Co-Parent Education Program.
Rule 1920.12(1)--Mandatory Co-Parent Education Program.
Rule 1920.43--Motions and Petitions.
Rule 1920.51--Proceeding Before the Master.
Form--Praecipe for Master's Hearing in Divorce
Rule 1920.54--Settlement Before Scheduled Hearing.
Rule 1920.55-2--Master's Report.
Rule 1920.72--Form of Complaint.
Electronic Testimony in Support/Alimony Pendente Lite
Rule 1930.3--Testimony by Electronic Means before the Support Master.
Mediation in Custody Actions
Rule 1940.3--Order for Orientation Session and Mediation. Selection of Mediator.
Rule 1940.4--Minimum Qualifications of the Mediator.
Rule 1940.5--Fees.
General Rules Any rules not set forth in the following are repealed.
1900. Domestic Relations Action.
1. All actions for Protection From Abuse commenced pursuant to 1901.3 Pa.R.C.P., actions for Support commenced pursuant to 1910.4 Pa.R.C.P., actions for Custody or Visitation commenced pursuant to Pa.R.C.P.1915.3 Pa.R.C.P., and actions for Divorce commenced pursuant to 1920.3 Pa.R.C.P. shall be captioned as follows:
COURT OF COMMON PLEAS OF MONROE COUNTY
43RD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
MARY DOE, : NO. ____ Domestic Relations 200 __ Plaintiff : vs. : JOHN DOE, : IN DIVORCE (or Custody) Defendant : (or Support) (or P.F.A.) 2. Any party or attorney commencing a new action of the type herein above enumerated between the same parties involved in other pending actions governed by this Rule shall notify the Prothonotary of the number of such pending action. The new action shall be filed to the same number as the other pending actions involving the same parties.
Rule 1900.1. Procedure to Recover Exhibits.
If no Exceptions or Appeal follow a Master's Hearing or Report, within forty-five (45) days of the filing of the Master's Report or the resolution of Exceptions, the parties shall recover their hearing exhibits from the Prothonotary or Court Reporter. If a party has not recovered hearing exhibits within sixty (60) days, the Prothonotary or Court Reporter shall notify Counsel to the parties or the parties themselves if they do not have Counsel, in writing by U. S. mail, first class, at their addresses of record that the exhibits will be destroyed thirty (30) days from the date of such notice. Any exhibits not retrieved timely shall thereafter be destroyed or otherwise disposed of by the Prothonotary or Court Reporter.
Actions in Support/Alimony Pendente Lite Rule 1910.1. Support and Alimony Pendente Lite.
These Support Rules shall control all actions or proceedings for support or alimony pendente lite.
Rule 1910.4. Commencement of Action.
An action shall be commenced by filing a Complaint in the Monroe County Domestic Relations Office. Thereafter the original and one copy of all pleadings, petitions, briefs and Exceptions shall be filed in the Monroe County Domestic Relations Office which office shall promptly forward all original pleadings, petitions, briefs and Exceptions to the Monroe County Prothonotary.
Rule 1910.10. Alternative Hearing Procedure.
Hearings shall follow the procedure set out in Pa.R.Civ.P. 1910.12. The Support Master shall serve as the Monroe County Hearing Officer.
Rule 1910.12. Hearings, Continuances and Exceptions.
(a) Any requests for continuance of the office conference or of the Master's Hearing shall be made in writing to Monroe County Domestic Relations Office. Requests for continuance shall:
1. Bear the signature of both parties or both attorneys, or include any written agreement of the parties to the continuance, or set out the reason for the request for continuance if there is no agreement between the parties or their counsel.
(b) The Monroe County Domestic Relations Office shall have the discretion to grant or deny any continuances of office conferences. Master's Hearings shall only be continued upon good cause shown after review by the assigned Judge.
(c) Following hearing, the Support Master shall retain possession of any exhibits admitted at hearing. Upon the filing of the Support Master's Report, the Support Master shall return the exhibits to the Court Reporter. When the Court Reporter files the original transcript of hearing in the Office of the Prothonotary, the Court Reporter shall file the exhibits with the transcript.
(d) Within ten days after the date of the Support Master's Report, any party may file Exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each Exception shall set forth a separate objection precisely and without discussion. Matters not covered by Exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file Exceptions raising those matters. If Exceptions are filed, any other party may file Exceptions within ten days of the date of service of the original Exceptions. All Exceptions shall be filed in the Monroe County Domestic Relations Office.
Exceptions shall be accompanied by the following:
1. Attorney's check, certified check or money order payable to Domestic Relations for $50.00, or $50.00 in cash;
2. Attorney's check, certified check or money order payable to the Office of the Prothonotary for $60.00, or $60.00 in cash;
3. A Praecipe for Argument listed on the first argument date occurring more than thirty days following the filing of Exceptions; in the form set out at 43 J.D.R.C.P. 211;
4. The Order of Court set out at Rule 1910.12-A
5. Briefs shall be filed in accordance with Monroe County Rules of Civil Procedure, 43 J.D.R.C.P. 210. Failure to timely file Briefs or to appear at Argument may constitute a default for which the exceptions may be stricken or denied, as the Court may deem just and proper.
6. A Certificate of Service on opposing counsel or on opposing non represented parties certifying service of the Exceptions and the Praecipe for Argument.
7. The form order shall be attached to the Exceptions and the Praecipe for Argument shall be presented as a separate document.
Rule 1910.12-A. Form--Exceptions Order.
The following form order shall be filed with all Support Exceptions:
ORDER OF COURT AND NOW, this day of , 2001, Plaintiff/Defendant having filed Exceptions to the recommendation of the Support Master, it is ordered as follows:
1. Both parties shall comply with the provisions of 43 J.D.R.C.P. 1910.12.
2. The Court Reporter is directed to transcribe the Notes of Testimony of the Support Master's hearing held on the _____ day of ______ , 200__ and make a copy available to both parties or their counsel and file the transcript prior to ______ .
3. Pending adjudication of the Exceptions, in accordance with Pennsylvania Rule of Civil Procedure 1910.12, the order dated (order date) is a temporary order with which the Plaintiff/Defendant must comply.
4. The parties must file their written statements or briefs with the Court in accordance with 43 J.D.R.C.P. 210.
5. The parties or counsel must appear in person for Argument Court on ______ at 9:00 a.m. in Courtroom No. ____ , Monroe County Court House, 7th & Monroe Streets, Stroudsburg, PA 18360.
BY THE COURT:
__________
J.cc: (both parties)
(all counsel of record)
(court reporter)
(Richard D. James, Esquire, Support Master)
Actions in Custody 1915.1. Definitions.
''Conciliator'' shall be an active-status attorney duly licensed to practice law in the Commonwealth of Pennsylvania and appointed by the Court.
''Conciliation Conference'' shall be a prehearing negotiation meeting conducted under the auspices of the Court by the Conciliator.
''Evidentiary Hearing'' shall be an evidentiary hearing before a judge of the Court of Common Pleas of Monroe County.
''Program'' shall be the Monroe County Co-Parent Education Program.
''Provider'' shall be the provider of the Monroe County Co-Parent Education Program.
1915.3. Commencement of Action. Complaint. Order. Fees.
(a) All Complaints for custody, partial custody, visitation or modification of custody, and contempt of a custody order and all Motions for Conciliation Conference shall be filed with the Prothonotary and shall be forwarded promptly to the Court Administrator.
Complaints and Motions for Conciliation Conference shall be accompanied by a Scheduling Order and by the Co-Parent Information and Registration forms in the form set forth at Rule 1915.15 below.
(b) Upon the filing of any complaint, petition or motion relating to child custody, partial custody or visitation, the moving party shall pay a fee to the Prothonotary (in addition to the fees required by 43 J.D.R.C.P. 1940.5) in an amount set forth in the fee schedule adopted by the Court.
1915.3-1. Co-Parent Education Program.
1. In all custody actions, including initial complaints, petitions for modification and contempt, the adult parties shall attend and complete the four hour program entitled Co-Parent Education Program.
2. The parties shall register for the Program using the Registration Form set out in these Rules and served with the Complaint. The moving party must register for the Program within fifteen days after filing the Complaint or Motion for Conciliation Conference and must complete the Program within sixty days of such filing. The responding party must register for the Program within fifteen days after service of the Complaint or Motion for Conciliation Conference and must complete the Program within sixty days of registration. The Provider shall certify the parties' attendance by filing a Certificate of Attendance with the Prothonotary.
3. No Evidentiary hearing shall be held until all parties have attended and completed the Program unless the requirement is waived by the Court for good cause shown.
4. Failure to comply with the Co-Parent Education Order may result in the Court's taking any appropriate action, including sanctions and/or contempt.
1915.4-1. Conciliation Conference.
1. All parties and all children specifically ordered to attend shall attend the Conciliation Conference. At the Conciliation Conference, the Conciliator shall meet with the parties and their counsel to conciliate all claims and may meet with the children if deemed appropriate in the discretion of the Conciliator. The Conciliator shall also screen for referral of the appropriate cases to mediation.
2. To facilitate conciliation and to encourage frank, open and meaningful exchanges between the parties and their counsel, statements made by the parties, children, counsel or the Conciliator at the conciliation conference shall not be admissible as evidence in court. The Conciliator shall not be competent to serve as a witness for or against any party nor shall there be any testimony taken at the Conciliation Conference. The Conciliator shall not be subject to subpoena to compel testimony regarding information revealed at the Conciliation Conference.
3. Promptly following the Conciliation Conference, the Conciliator shall file a Recommendation with the Court setting forth the terms of a Consent Agreement reached by the parties or setting forth a recommendation for a Temporary Order that may include a requirement that the parties undergo a specific period of counseling with a licensed psychologist or a certified mediator. In appropriate cases, the Conciliator may recommend mediation pursuant to P.A.R.C.P. 1940.1 et seq.
4. Where it appears that the resolution of the matter will require an evidentiary hearing, the Conciliator shall recommend family social studies. The Agency issuing the family social study shall mail the written study to the judge and to counsel of record for the parties or to the parties if there are no attorneys of record, pursuant to Pa.R.C.P.1915.8.
5. Where it appears that the resolution of the matter will require an evidentiary hearing, the Conciliator may make any additional recommendations for mental health evaluations, drug and alcohol evaluations, the appointment of experts, guardians ad litem or counsel for the child or for any other prehearing matters the Conciliator deems necessary or appropriate.
6. No exceptions may be taken from the Recommendation of the Conciliator.
1915.5. Motions and Petitions.
1. Motions for the scheduling of a Conciliation Conference shall be in accordance with 43 J.D.R.C.P. 206(a).
1915.8. Disclosure of Expert Evaluations.
A party to a custody, partial custody or visitation action shall not disclose the contents of an expert report pursuant to Pa. R.C.P. 1915.8, including home study evaluations, mental and physical evaluations, and drug and alcohol evaluations, to anyone except their attorney. Disclosure to an unauthorized person, including the child who is the subject of the action, may result in a finding of contempt and sanctions.
1915.10. Evidentiary Hearing.
Upon the completion of all Family Social Studies and any evaluations ordered by the Court, either party may move for an evidentiary hearing that shall be held before a Judge of the Court. The motion for evidentiary hearing shall be filed with the Prothonotary and shall be accompanied by a proposed Order scheduling a prehearing conference and the evidentiary hearing in accordance with the form set forth in Rule 1915.15 below. Prior to any evidentiary hearing, counsel to the parties shall appear for a prehearing conference to be scheduled by the assigned judge. Parties need not attend prehearing conferences but shall be available for consultation by telephone.
1915.12. Civil Contempt for Disobedience of a Custody Order.
Petitions for contempt shall be filed in the Office of the Prothonotary in accordance with 43 J.D.R.C.P. 1915.3(a) and may be scheduled for a conference before the Conciliator. If the contempt matter is not resolved at conference, then the Conciliator shall refer the matter to the Judge for appropriate action.
1915.15. Forms.
1. The Scheduling Order on Complaints and Motions for Conciliation Conferences shall be in the form attached hereto.
2. The Co-Parent Information and Registration forms shall be in the forms attached hereto.
3. The Order for prehearing conference and final hearing shall be in the form attached hereto.
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
: No. : Plaintiff : : vs. : : : : Defendant : CUSTODY
O R D E R You, Plaintiff/Defendant, have been sued in court to obtain/modify custody, partial custody or visitation of the minor child(ren), (names and ages of child(ren).
AND NOW, upon consideration of the attached Complaint/Petition, it is hereby Ordered that the parties and their respective counsel appear before ______ , Esquire, Custody Conciliator, on the ______ day of ______ , 200__ , in the Conciliation Room, second floor, Monroe County Courthouse at ______ .m. for a conciliation conference. At such conference, an effort will be made to resolve the issues in dispute; or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into an Interim Order. Failure to appear at the Conference may provide grounds for the entry of a Temporary Order.
You are further ordered to take (bring) the following children to the conference:
NOTE: Children under the age of eight (8) need not attend.
If you fail to appear as provided by this Order, or to bring with you the minor child(ren), an Order for custody may be entered against you by the Court or the Court may issue a warrant for your arrest.
ALL PARTIES ARE FURTHER ORDERED to attend a program entitled the Co-Parent Education Program and to bring with you the Certificate of Completion you will receive at the program. You must register for the program using the registration form attached within fifteen (15) days of the date that you receive this Order. Further, you must attend and complete the program within sixty (60) days from the date of this Order.
FAILURE TO ATTEND AND COMPLETE THE PROGRAM IN ACCORDANCE WITH THE INSTRUCTIONS ATTACHED TO THIS ORDER WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN THE FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT.
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 HELP:
MONROE COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
913 MAIN STREET
P. O. BOX 786
STROUDSBURG, PENNSYLVANIA 18360
(570) 424-7288
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Monroe 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 our 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: Dated: ______ ______
J.cc:
2001 CO-PARENT EDUCATION PROGRAM In cases involving minor children, attendance at a four-hour Co-Parent Education Program is required of the parties in custody and divorce actions. MINOR CHILDREN SHALL NOT BE BROUGHT TO THE PROGRAM.
PROGRAM CONTENT The program focuses on the impact of divorce on parents and children, with an emphasis on fostering a child's emotional health and well-being during the periods of stress. The program is informative, supportive, and directs people desiring additional information or help to appropriate resources.
The Program addresses the following items:
I. a) Impact of Divorce on Parents and Children: tasks adults face; tasks children face; common reactions of children of different ages; and do's and don'ts of parenting.
b) Handling the Feelings: Identifying feelings; Anger in divorce: toward your co-parent, from your children, toward your children; Feeling and healing.
II. a) Video segments and Discussion: Explaining divorce, warring parents, visitation problems, new relationships, etc.
b) Mediation: Explanation of mediation process and its applicability to divorce and custody matters.
WHEN The Program is offered every other month on Saturday morning from 9:00 a.m. until 1:00 p.m. or every month on Tuesday evening from 5:30 p.m. until 9:30 p.m.
WHERE The Program will be presented in the Jury Assembly Room of the Monroe County Courthouse, 7th & Monroe Streets, Stroudsburg, Pennsylvania.
ATTENDANCE Attendance at the Program is required of parties to a case where the interests of children under the age of eighteen years are involved. Additional interested persons may attend the seminar upon prior approval of Family/Divorce Services.
PRESENTERS Qualified counselors, educators and trainers selected by Family/Divorce Services will present the Program pursuant to arrangements with the Court of Common Pleas of Monroe County.
NOTIFICATION A copy of the Order requiring the parties to attend the Program and Registration Form will be provided to the parties at the time of the filing of the action or service of the applicable pleading.
FEES A fee of $25.00 per party for the Program is required and will be used to cover all program costs including the presenters fees, handouts and administration. The fee must be submitted with the registration form.
Registration The registration form must be received by Family/Divorce Services at least seven (7) days prior to the Program date selected. Each party shall attend the Program without further notification by the Court. Any changes in scheduling must be arranged through Family/Divorce Services.
Verification of Attendance Upon proof of identification at the Program, Family/Divorce Services will record the party as ''present'' and provide to the Prothonotary of Monroe County a Certificate of Completion, which shall be filed of record. Each person successfully completing the program will be given a Certificate of Attendance.
Security Upon entering the Courthouse each person will be subject to search and will go through a metal detector, therefore please limit your items.
The Monroe County Sheriff's Office will provide an armed, uniformed deputy at each Program immediately prior to, during and immediately after each presentation.
Evaluation Each participant shall complete a written evaluation of the Program upon its conclusion.
2001 REGISTRATION FORM--CO-PARENT EDUCATION PROGRAM The Program is held in the Jury Assembly Room of the Monroe County Courthouse, Stroudsburg, PA. The Sheriff's Office provides security.
Upon entering the Courthouse each person will be subject to search and will go through a metal detector, therefore please limit your items.
You can choose a Saturday morning or a Tuesday evening session. You should attend the program within 60 days of filing or receiving a divorce/custody complaint, or within 60 days of being ordered to attend. The cost of the program is $25 per person.
Requests for an extension of time to attend or questions can be directed to Family/Divorce Services at 610-366-8868.
An adult who resides with the party, or a relative who provides substantial childcare, may attend the Program with you, free of charge, if registered below as a guest.
A videotape to view and return is available only to parties who reside more than 90 minutes driving time from Stroudsburg. See registration below.
Please register 7 days in advance of the date you want to attend.
Confirmations are NOT sent. Come to the class you choose.
Children shall NOT be brought to the Program. Please be prompt. Latecomers will not be admitted and will have to re-schedule.
In case of a snowstorm, listen to the radio for cancellations-WSBG at 93.5FM or WVPO at 840AM or TV at WYOU news.
If you are disabled and need special assistance, call ahead to make arrangements to meet your needs.
YOU MUST REGISTER BY MAIL: Choose the dated you want to attend, complete the form below and send it with check or money order, payable to: FAMILY/DIVORCE SERVICES, P. O. Box 318, Trexlertown, PA 18087. DOCKET NUMBER: of divorce/custody case: (you may have two) MUST be filled in. Include numbers, letters, year of your file number. ______
Your name: __________
Guest (name and relationship to child) __________
Address: __________Phone: Home ______ Work ______
Choose a Saturday OR Tuesday session:
SATURDAYS 9am-1pm TUESDAYS 5:30 p.m.-9:30 p.m.
__ February 10, 2001 __ January 9, 2001 __ April 7 __ February 13 __ March 13 __ June 9 __ April 10 __ May 8 __ August 4 __ June 12 __ July 10 __ October 6 __ August 7 __ Sept 11 __ December 8 __ October 9 __ Nov 13 __ December 11 __________ __ VIDEO: Cost is $54 (fee plus S&H plus Deposit) The $25 deposit is refunded upon return of the video.
COURT OF COMMON PLEAS OF
MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
: NO. Plaintiff : VS. : : Defendant : IN CUSTODY
ORDER AND NOW, this day of , 200 , upon consideration of the attached Motion for Evidentiary Hearing, a full Evidentiary Hearing is scheduled for the day of , 200 at M., in Courtroom No. , Monroe County Courthouse, Stroudsburg, Pennsylvania.
Further, a Prehearing Conference is scheduled for the day of , 200 at .M. in Chambers. The parties shall be available to the Court, in person or by telephone, at the date and time set for prehearing conference.
On or before counsel for each party shall provide to the Court and to opposing counsel a written Prehearing Memorandum which shall include the following:
1. Name of client, name and telephone number of attorney.
2. A statement of all legal and evidentiary issues anticipated at hearing and citation to legal authorities relied upon by counsel.
3. The names and addresses of all witnesses to be called at hearing with a notation of their specific purpose.
4. A list of all exhibits to be used at hearing and a statement certified by counsel that all exhibits were furnished to opposing counsel as part of the Prehearing Memorandum.
5. The estimated length of hearing time necessary for counsel to present evidence.
Counsel shall provide to the Court at the time of trial proposed findings of fact, conclusions of law, applicable legal authority and a proposed order.
BY THE COURT:
__________
J.cc:
Actions in Divorce 1920.12. Filing and Service of Complaint; Costs; Co-Parent Education Program.
1. With the filing of a Complaint in Divorce, the Plaintiff shall deposit court costs with the Prothonotary in an amount set forth in the fee schedule adopted by the Court.
2. In addition to all other information required by law, each Complaint in Divorce shall contain one of the following averments:
a) Plaintiff avers that there are no children of the marriage under the age of eighteen; or
b) Plaintiff avers that there are children of the marriage under the age of eighteen (list names, ages and dates of birth);
3. Immediately following the initial page of the Complaint which contains the Notice to Plead, each Divorce Complaint shall contain the Co-Parent Education Order set out in these rules if there are children of the marriage under the age of eighteen.
4. The Affidavit of Service or Acceptance of Service filed shall include an acknowledgment that the Co-Parent Education Order, a Co-Parent Program Registration Form and a Co-Parent Program description as set out in these rules were served with the Complaint.
1920.12(1). Mandatory Co-Parent Education Program.
1. In all actions in divorce or annulment where there are children of the marriage under the age of eighteen, the parties shall attend and complete a four hour program entitled Co-Parent Education Program.
2. The parties shall register for the Program using the Registration Form set out in these Rules and served with the Complaint.
3. No Master's Hearing shall be held nor any divorce decree entered until all parties have attended and completed the Program unless the requirement is waived by the Court for good cause shown. Refusal of the non-moving party to attend the program shall constitute good cause.
4. Failure to comply with the Co-Parent Education Order may result in the dismissal of the Divorce action, the striking of pleadings, or other appropriate action, including sanctions and/or contempt.
1920.43. Motions and Petitions.
1. Motions practice shall be in accordance with 43 J.D.R.C.P. 206(a).
2. All Divorce Motions or Petitions including Praecipe for a Master's Hearing shall be filed with the Prothonotary.
1920.51. Proceedings Before the Master.
1. Monroe County shall follow the Master's Hearing procedure set out at Pa.R.C.P. 1920. 55-2.
2. Upon the compliance by both parties with the requirements of Pa.R.C.P 1920.31 and 1920.33(a) and the deposit of the required fee with the Prothonotary as set forth in the fee schedule adopted by the Court, either party may file a Praecipe in the form set out in these Rules, requesting the appointment of a Divorce Master.
3. The Court Administrator shall assign the Master for each case who shall promptly recommend the amount of any additional court costs to be posted by one or both of the parties. In the event additional hearings are necessary, the Master shall file a request with the Court Administrator identifying the number of additional hearing days and the amount of additional court costs to be posted by the parties. No hearing date shall be scheduled prior to the payment of court costs.
4. Promptly upon appointment, the Master shall issue a Notice scheduling a Pretrial Conference and setting a deadline for the filing and service of Pretrial Statements in accordance with Pa.R.C.P. 1920.33(b). Counsel of record shall attend the Pretrial Conference; parties shall not attend but shall be available to consult with their counsel by telephone. The Notice of the time and date of the Pretrial Conference and the deadline for the filing of Pretrial Statements shall be served by the Master upon counsel of record, any unrepresented parties and the Court. In the event that counsel for either party fails to attend the Pretrial Conference, or fails to file a Pretrial Statement, the Master may recommend that the Court impose sanctions.
5. If a Pretrial Conference or any portion of a hearing day is held, the Master shall receive a fee in the amount to be determined by the fee schedule adopted by the Court, payable from the court cost deposits. The Master shall be compensated for any additional full or partial days of hearings.
6. The Praecipe for Master's Hearing shall be in the form set out as follows:
COURT OF COMMON PLEAS OF
MONROE COUNTY
43RD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
______ NO. _____ _____ ______ NO. _____ _____ ______ VS. PRAECIPE FOR MASTER'S ______ HEARING IN DIVORCE ______ ______ TO THE PROTHONOTARY OF SAID COURT:
Kindly request the Court Administrator to schedule a Master's Hearing in the above divorce case.
( ) The case is now at issue.
( ) Estimated time required for Hearing is ____ days.
( ) Approximate value of marital assets is $ ____ .
This case to be tried by and notices sent to:
_________________ _________________ _________________ _________________ Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) _________________ _________________ Address Address _________________ _________________ Telephone Number Telephone Number _________________ _________________ Attorney I.D. Number Attorney I.D. Number I hereby certify that the above entitled case is at issue and ready for Hearing; that discovery is complete or foreclosed; that I have completed all discovery and know of no discovery on the part of opposing counsel which will delay a hearing; that the moving party and witnesses are available and ready to proceed; that Inventories have been filed; that the Co-Parenting Education Program has been completed or properly waived; that the attorneys of record are named above; and that an initial filing fee of $750.00 has previously been paid, and that the per diem Hearing Fee and Costs Deposit, previously determined by the Court Administrator, has concurrently been deposited with the Court.
______ , 200 _________________
Attorney for ______1920.54. Settlement Before Scheduled Hearing.
In the event that the parties settle all claims prior to hearing, the parties and counsel shall appear before the Master and state the terms of their settlement on the record. Said appearance is waived if by the close of business on the day before the scheduled hearing the parties file with the Prothonotary and deliver to the Master an executed Divorce Settlement Agreement and Affidavits of Consent.
Where parties settle on the record or by the filing of a written Divorce Settlement Agreement, the Master shall file a Report and Recommendation within thirty days of the scheduled hearing date.
1920.55-2. Master's Report.
Following the conclusion of the final hearing, the Master shall file the Record and the Report and Recommendation within:
a) twenty days in uncontested actions, or
b) thirty days after the receipt by the master of the transcript in contested actions.
Counsel for the parties shall file Briefs or Memoranda of Law within fifteen days after the filing of the transcript. The service of the Master's Report and Recommendations and the filing of Exceptions shall follow the procedures set out in Pa.R.Civ.P. 1920.55-2. The parties shall serve a copy of any Exceptions they file upon the Master, by regular mail or by personal service by a competent adult at the Master's principal office.
1920.72. Form of Complaint.
1. Complaints in Divorce shall include the following Notice if there are children of the marriage under the age of eighteen.
Notice of Mandatory Co-Parent Education Program ALL PARTIES ARE ORDERED to attend a program entitled the Co-Parent Education Program. You must register for the program using the registration form attached within fifteen (15) days of the date that you receive this Order. Further, you must attend and complete the program within sixty (60) days from the date of this Order.
FAILURE TO ATTEND AND COMPLETE THE PROGRAM IN ACCORDANCE WITH THE INSTRUCTIONS ATTACHED TO THIS ORDER WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN THE FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT.
No Master's Hearing shall be held or Divorce Decree granted where there are children under the age of eighteen of the marriage until all adult parties have attended the Program.
Electronic Testimony in Support/Alimony
Pendente LiteRule 1930.3. Testimony by Electronic Means before the Support Master.
1. No testimony by electronic means shall be permitted except by court order issued prior to the hearing. All Motions for testimony by electronic means shall be filed at least 30 days prior to a hearing with the Prothonotary and forwarded to the Judge assigned to hear support matters. Pa.R.C.P. 1930.3 shall apply. A copy of the request shall be served upon the Domestic Relations Office and the opposing party or opposing counsel of record and a Certificate of Service shall be filed with the Motion.
2. Motions for testimony by electronic means shall state with particularity the relief requested, the basis for the request and shall identify whether the parties agree to the relief requested in the Motion. Any party opposing a Motion for testimony by electronic means shall file written objections within 5 calendar days of receipt of service of the Motion. Objections shall state with particularity the reason for the objections. The Motion shall be decided without hearing or argument, upon the Court's review of the Motion and any Objections timely filed.
3. The Petition shall include the telephone number where the Petitioner shall be contacted during the hearing. The Domestic Relations Office shall have the discretion to impose a fee for long distance telephone services which shall be paid before hearing.
4. The equipment used by the witness must be capable of and actually produce clear transmission satisfactory to the Master. The Master shall have the authority to terminate the testimony and grant one continuance for the taking of the testimony if the equipment used by the witness does not satisfactorily transmit. If the equipment function is unsatisfactory to the Master at the continued hearing, the requesting party shall have forfeited the entitlement to offer electronic testimony.
5. The witness to be examined by electronic means shall be available and ready to be sworn and begin testimony immediately upon the case being called. Parties testifying by electronic means shall be sworn in by the Court Reporter present at the hearing. Experts and other third-party witnesses shall be sworn in by a person duly authorized in that jurisdiction to administer the oath to the witness. The party proffering the electronic testimony shall be responsible to secure the presence of the person authorized to administer oaths. Experts and other third-party witnesses shall produced satisfactory photo identification to the person who administers the oath. Not less than 5 days before the hearing, the name of this individual and their qualifications to administer the oath in their jurisdiction shall be delivered to the Domestic Relations Office and the other party or their attorney.
6. True and correct copies of any and all documents to be relied upon by either party during their electronic testimony shall be marked as exhibits and exchanged by the parties or their attorneys at least five (5) days before the hearing with copies provided to Domestic Relations for the Master's use.
Mediation in Custody Actions 1940.3. Order for Orientation Session and Mediation. Selection of Mediator.
(a) Upon the commencement of an action for custody, partial custody or visitation of minor children, or the filing of a petition seeking modification or contempt of an existing order for custody, partial custody or visitation, at the time of the conciliation conference, the Conciliator shall screen the case and identify those cases suitable for referral to mediation.
(b) The Conciliator shall, in his recommendation, refer all cases that he deems appropriate to a mediation orientation session.
(c) Mediation may be recommended after a conciliation conference when deemed appropriate by the Conciliator.
(d) All cases ordered to mediation by the court shall be scheduled for an initial orientation session. This initial orientation/mediation session shall be scheduled for one to two hours. Upon agreement of the parties, additional mediation sessions may be scheduled. The parties' attorneys shall not attend the orientation or any mediation sessions.
Rule 1940.4. Minimum Qualifications of the Mediator.
A mediator is a person approved by the Monroe County Court of Common Pleas who has met the requirements of Pa.R.C.P. 1940.4 and any additional qualifications this court may from time to time require, and who has been approved by the court to perform mediator services hereunder. All mediators shall adhere to the mediator standards of practice adopted by the Academy of Family Mediators and the American Bar Association.
Rule 1940.5. Fees.
A fee authorized by 23 Pa.C.S. 3902(a) and a mediation fee adopted by the Court in its fee schedule shall be paid to the Prothonotary at the time of filing of any complaint in divorce which contains a count for custody or a separate complaint for custody.
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