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PA Bulletin, Doc. No. 07-1227

THE COURTS

Title 255--LOCAL
COURT RULES

ADAMS COUNTY

Amendments to Rule 1920; Administrative Order No. 17 of 2007; 07-M-19

[37 Pa.B. 3227]
[Saturday, July 14, 2007]

Order of Court

   And Now, this 22nd day of June, 2007, the Court does hereby amend Local Rule 1920 as follows:

Action of Divorce or Annulment of Marriage

Rule 1920(a).  Uncontested Divorce.

   A party may file a praecipe directing the Prothonotary to forward all papers to the Court for review and for entry of a final decree when all costs have been paid or excused and when all requirements of law and the Rules of Civil Procedure have been fulfilled. If the defendant files the praecipe, he or she shall state by what authority he or she acts.

Rule 1920(d). Master's List and Compensation.

   The Court Administrator shall maintain a list of all attorneys primarily practicing in Adams County and who have not been excused from serving as masters in divorce or annulment. Any attorney may request the President Judge to excuse him or her from such service. Upon motion, the Court will appoint a master from the list to hear the issues set forth in the motion. The master shall be compensated at an hourly rate that will be periodically set by administrative order. Until changed, the hourly rate shall be $65.00 per hour. No motion shall be considered unless there has been deposited with the Prothonotary the sum of $500.00 for the purpose of guaranteeing payment of the master's and stenographer's fees. The master may direct at any point that additional deposits be made.

Rule 1920(e). Withdrawal of Issues.

   Upon motion of any party, the Court may withdraw issues from the master, whether the master has yet acted upon those issues.

Rule 1920(f). Payment.

   Upon notice to the parties, the master may request an order directing the Prothonotary to disburse fees. If a master's report has not been filed within sixty (60) days of the hearing date, the stenographer may request payment by filing the bill with the Prothonotary. If no exceptions to the sums are filed within ten (10) days, the Prothonotary shall disburse funds as requested.

   Following the filing of the Report and Recommendation of the Master, the master may request by Motion and Proposed Order, the payment of stenographer and master's fees. The Proposed Order shall provide for the payment by the Prothonotary of the stenographer fees if sufficient amount is on deposit, and the master's fees after that, if available, from the Prothonotary's deposit. In the event there are not sufficient funds on deposit with the Prothonotary, the Order submitted with the Motion shall provide for payment of the stenographer's fees first. Such Proposed Order may also provide for the payment of such additional fees not covered by the Prothonotary's deposit by the parties in accordance with the Master's Report and Recommendation or by such third parties as the Court may direct.

Rule 1920(l). Exceptions.

   Exceptions to the master's report, or any motions or reasons for a new trial in relation to the verdict of any jury, where applicable, which either party desire to make, shall be filed with the Prothonotary, and a copy thereof served at the same time upon the opposite party of his/her attorney of record. If no exceptions are filed by either party, or if exceptions have been filed and an Order has been entered disposing of the exceptions, the Court will, upon praecipe of either party, enter the final decree.

Rule 1920(n). Counseling.

   If either party requests counseling under § 3302 of the Divorce Code, the party making such request shall deposit seventy-five dollars ($75.00), with the Prothonotary at the time of filing the request to cover the cost of the counselor's report, unless the court shall order otherwise.

   The party requesting counseling shall provide the appointed counselor with a copy of the Court Order directing such counseling.

   These amendments shall become effective upon publication on the Pennsylvania Judiciary's Web Application Portal.

By the Court

JOHN D. KUHN,   
President Judge

[Pa.B. Doc. No. 07-1227. Filed for public inspection July 13, 2007, 9:00 a.m.]


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