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PA Bulletin, Doc. No. 02-2138

THE COURTS

WESTMORELAND COUNTY

Adoption of New Civil Rules W1920.51, W1920.53, W1920.54, W1920.55-1 and W1920.55-2; No. 3 of 2002

[32 Pa.B. 5882]

Order

   And Now, this 7th day of November, 2002, It Is Hereby Ordered that Westmoreland County Rule of Civil Procedure W1920.51 is rescinded, and that new Rules W1920.51, W1920.53, W1920.54, W1920.55-1, and W1920.55-2 are adopted. The effective date of this Order is January 1, 2003.

By the Court

DANIEL J. ACKERMAN,   
President Judge

RULE W1920.51  Hearing by the Court; Appointment of Master; Notice of Hearing

   (a)  Before any certificate of appointment shall be issued by the prothonotary to any master in those cases initiated by an uncontested complaint in annulment, or a section 3301(a) or (b) divorce, or where an agreement has been reached by the parties on any such other claims that have been raised by the parties, the plaintiff shall deposit the sum of $140.00 with the prothonotary; $113.00 of the deposit shall be a minimum fee for the master, $25.00 shall be a minimum fee for the stenographer and $2.00 shall be paid to the prothonotary as fee. The court may order additional compensation for the master after the report is filed.

   (b)  In all other cases, before any certificate of appointment shall be issued by the prothonotary to any master, the party moving for the appointment shall deposit an initial sum of $250.00 with the prothonotary; $223.00 shall be a minimum fee for the master, $25.00 shall be a minimum fee for the stenographer and $2.00 shall be paid to the prothonotary as a fee. The initial deposit of $250.00 shall be for one-half days' work. For each half day thereafter the master shall receive a minimum fee of $150.00; and for each half day of transcribing, the stenographer shall receive a minimum fee of $20.00. The master shall certify the time expended to the court. The master may petition the court for additional compensation after the report is filed.

   (c)  No master shall be appointed if a complaint in divorce has been filed under section 3301(c) or (d) and no issues other than divorce are raised.

   NOTE:  Subsection (c) expands the prohibitions found at Pa.R.C.P. 1920.51 (2)(ii) to include all Section 3301(d) divorces when divorce is the only issue raised.

   (d)  The master shall give the attorneys for each party at least 10 days' written notice of the time and place of taking testimony and of the claims the master will hear. If there is no appearance entered on behalf of the defendant, the master shall give notice to the defendant by registered mail, return receipt requested at the last known address of the defendant.

RULE 1920.53  Hearing by Master. Report.

   Subject to the direction and control of the court, the master shall have the usual powers of a referee in equity in regard to the detention of witnesses for examination and the general course of the proceedings. The master shall rule on objections to the competency or relevancy of testimony. If the master sustains the objection the testimony shall not be heard or reported. Parties may file exceptions to the Master's rulings.

   NOTE:  See: Pa.R.C.P. 1920.33(b) regarding the pre-trial statement.

RULE 1920.54  Hearing by Master. Report. Related Claims.

   The master shall first take testimony on related claims for child support, alimony pendente lite, or counsel fees and expenses. In the event the master must continue until a later date testimony on other issues or claims, the master shall report preliminarily by letter to counsel for each party, the findings, conclusions and recommendations on the preliminary related claims.

RULE 1920.55-1  Alternative Hearing Procedures for Matters Referred to a Master

   All divorce proceedings referred to a master in Westmoreland County, Pennsylvania will proceed pursuant to Pa.R.C.P. 1920.55-2.

RULE W1920.55-2  MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

   (a)  When filing the Original Exceptions to the Master's Report with the Prothonotary, the moving party shall also serve a copy on the Court Administrator--Family Division. Upon receiving exceptions within 10 days of the mailing of the report as provided by Pa.R.C.P. 1920.55-2(b) and (c), the court administrator shall immediately contact the chambers of the assigned judge for a hearing date. The court administrator shall mail notices of the hearing date to the parties by first class mail before forwarding its copy of the exceptions to the assigned judge.

   (b)  The moving party must file briefs with the assigned judge no later than 20 days before the hearing, and the responding party must file its brief with the assigned judge no later than 10 days before the hearing.

   (c)  Oral argument shall be restricted to issues addressed in written briefs.

   (d)  If no party files Exceptions to the Master's Report within 10 days of the mailing of the report, the prothonotary shall immediately deliver the file to the court for entry of the decree.

   (e)  Unless otherwise directed by the Court, the prothonotary shall pay no master's fee until the master files the report and transcript of testimony. Failure of the master to file the report as required shall result in a forfeiture of the master's fee, and the prothonotary will refund the fee to the party who paid it.

[Pa.B. Doc. No. 02-2138. Filed for public inspection November 27, 2002, 9:00 a.m.]


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