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PA Bulletin, Doc. No. 05-1325

THE COURTS

DELAWARE COUNTY

Amendment to Local Rule 1920.54 Petitions for Leave to Withdraw as Counsel, Reconsideration and Appeal of Decisions Rendered by the Master in Equitable Distribution; 05-193

[35 Pa.B. 3921]

Order

   And Now, to wit, this 21st day of June, 2005, it is hereby Ordered that Delaware County Local Rule 1920.54 is Amended to provide as follows:

   (J)(i)  In cases assigned to the Equitable Distribution Masters for disposition, petitions filed by counsel seeking Leave to Withdraw as Counsel shall be filed pursuant to Local Rule 206.8. All Petitions filed by Counsel seeking Leave to Withdraw as Counsel, and the Certification required in connection therewith, shall be filed at least ten (10) days prior to any scheduled proceeding before the Equitable Distribution Master.

   (ii)  At the time of the filing of the Petition, or prior to the Hearing Date assigned thereto, petitioning counsel, when appropriate, may file a Certification reporting that all parties and counsel have been notified of the filing of the Petition, and that there is no opposition thereto. Upon the filing of such a Certification, the matter shall be removed from the Hearing List, and the Order submitted with the Petition shall be entered as a matter of course.

   (K)(i)  The parties to a Decision of an Equitable Distribution Master shall have the right to seek Reconsideration of the Decision by the filing of a detailed Petition within fourteen (14) days of the date of entry of the Decision. Grounds for Reconsideration shall be limited to miscalculation, failure of the Master to consider specific assets or liabilities, and other or similar errors. Reconsideration shall not lie in order to permit re-litigation by the parties of an award or denial of Alimony or Counsel Fees or Costs, the percentage of division, or other issues related to the dispositive plan decided-upon by the Master.

   The Petition for Reconsideration shall be referred immediately to the Master making the Decision for disposition. Filing of the Petition shall not, in and of itself, serve to stay the time for Appeal. Grant of the Petition for Reconsideration shall act as a Supersedeas of all matters.

   (ii)  The parties to a decision of an Equitable Distribution Master shall have the right of Appeal from the Decision of the Equitable Distribution Master by the filing of a Request for Hearing De Novo within twenty (20) days of the date of entry of the Decision.

   (iii)  A party filing an Appeal of a Decision of the Equitable Distribution Master shall pay a fee to the Office of Judicial Support in the amount of Three Hundred Dollars ($300.00) in consideration thereof.

By the Court

KENNETH A. CLOUSE,   
President Judge

[Pa.B. Doc. No. 05-1325. Filed for public inspection July 15, 2005, 9:00 a.m.]


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