[39 Pa.B. 6729]
[Saturday, November 28, 2009]
[Continued from previous Web Page]
Arbitration YCCiv. 1301: Actions to which Arbitration Applies:
(a) Actions at issue. All actions which are at issue in which the amount in controversy is fifty thousand dollars ($50,000) or less, except those involving title to real estate, and forfeiture of property, shall first be submitted to and heard by a board of arbitrators consisting of three attorneys admitted to practice in the Courts of this Commonwealth, for consideration and award. The term ''amount in controversy'' shall mean the amount, exclusive of interest and costs, claimed by any party to the case, as determined by the pleadings or agreement of reference, but a multiplicity of claims or counterclaims, each of which is fifty thousand dollars ($50,000) or less, shall not bar compulsory arbitration. An order of consolidation of an action involving more than fifty thousand dollars ($50,000) with an action involving less than that amount shall bar compulsory arbitration.
(b) When the action is at issue. An action shall be at issue when:
(1) A party or counsel files with the Prothonotary, after the close of all pleadings, a praecipe for reference; or
(2) The parties or counsel file with the Prothonotary, an agreement of reference; or
(3) The court issues an order of reference on its own motion, or on motion of a party, when the pleadings disclose that any verdict probably will be in an amount less than fifty thousand dollars ($50,000).
(c) Actions not at issue. An action not at issue may be referred to a board of arbitrators by agreement of reference signed by all parties or their counsel and filed with the Prothonotary, or by court order. The agreement of reference shall define the issues involved for determination by the board, and may also contain stipulations with respect to facts submitted or agreed to or defenses waived. In such case, the agreement of reference shall take the place of the pleadings in the case.
(d) Certification of Readiness for arbitration. The party referring the case to arbitration shall certify that the case is ready and that the attorneys and witnesses are available during the arbitration week. The arbitration will be scheduled for the arbitration week in the second month after the month during which the filing occurs or during an arbitration week thereafter selected by the parties. The Prothonotary shall certify to the District Court Administrator that the case has been referred to arbitration within three (3) days after such reference.
(e) Length of time to be stated. The party who refers the case for arbitration shall note the length of time required for the hearing on the document requesting arbitration.
(f) Service of Notice of Reference to Arbitration. Any party referring a case to arbitration shall forthwith serve a copy of the referring document upon the opposing parties or their counsel, and shall file with the Prothonotary evidence showing such service. Failure to serve such copy shall result in the action being stricken from the Arbitration List and the costs connected therewith being taxed against the party who fails to serve such copy. The action may not be re-listed for arbitration until the costs so taxed have been paid.
YCCiv. 1302: Arbitrators, Panels and Boards:
(a) Selection of Panels of Arbitrators. The Arbitration Committee of the York County Bar Association shall annually, prior to December 1, receive applications from members of the York County Bar Association with offices in York County who are interested in serving as arbitrators. The Committee shall formulate a list of attorneys to serve as arbitrators.
(1) For the first year, the Committee shall select fifty (50) attorneys. Each year thereafter, the Committee shall select twenty-five (25) attorneys plus an additional attorney for each vacancy on the Arbitration Panel for the next year. The Committee shall send the list to the Court by December 31.
(2) The first year, the Court shall select thirty-six (36) attorneys to act as arbitrators. Each year thereafter, the Court shall select eighteen (18) attorneys to act as arbitrators, plus the number of attorneys necessary to fulfill vacancies in the panel for the next year.
(3) The Court shall enter an Order by January 15 appointing the attorneys selected as arbitrators.
(4) An arbitrator shall be appointed for a two year term, (or for a one year term for the first year of appointment as provided), and shall begin the term April 1.
(b) Boards.
(1) The Committee shall create from the list of arbitrators, twelve (12) boards of three arbitrators each, with one arbitrator meeting the requirements of Pa.R.Civ.P. 1302 selected as Chairperson of each board. The Committee shall consider the experience and expertise of the individual arbitrators in the organization of the boards. Not more than one member of a law firm or association of attorneys shall be appointed to the same board.
(2) The first year, eighteen (18) arbitrators shall serve for one year and eighteen (18) arbitrators shall serve for two years. Thereafter, arbitrators shall serve two year terms, with half of the arbitrators revolving off the panel in alternate years.
(3) An arbitrator may serve for one term and shall not be eligible to serve again until after a two year absence from the arbitration panel.
(4) Each Board of Arbitrators shall sit for one week. The District Court Administrator shall designate one week during each calendar month during which arbitration hearings shall be held and the room in which the hearings shall be held. The arbitration schedule shall be included in the Court calendar.
(c) Conflicts. An arbitrator shall disqualify himself or herself from service when he or she determines that he or she is related by blood or marriage to any party to the case or attorney of record; or is or has, within the past year, been a law partner or associate of any attorney of record in the case; or represents a party or a party's insurance carrier in other matters. In case of such a disqualification, another member of the panel can substitute for the disqualified arbitrator, or the arbitration hearing can proceed with two arbitrators.
(d) Substitution of Arbitrators. In the event that an arbitrator cannot serve due to a conflict or illness or for any reason, the arbitrator may be replaced by any member of the Arbitration Panel willing to so serve. The replacement shall be made by the District Court Administrator. The compensation of the replacement arbitrator shall be adjusted from the compensation of the replaced arbitrator, as agreed between the two arbitrators. The District Court Administrator shall maintain a list of all instances of failure to serve as arbitrator and provide such list to the Arbitration Committee annually.
(e) Arbitrators to Report to District Court Administrator and Arbitration Committee. The Arbitration Chairpersons shall report in writing to the District Court Administrator and to the Arbitration Committee the number of cases scheduled, the number continued, the number settled without hearing, the number heard, and any other pertinent information relating to scheduling or other suggestions regarding the process.
YCCiv. 1303: Procedure for Scheduling and Holding Arbitrations:
(a) Duty of District Court Administrator. The District Court Administrator shall maintain a monthly list of all actions for arbitration in the order in which they are placed at issue. The District Court Administrator shall assign all cases listed in a calendar month to the Arbitration Board scheduled to sit in the second month after the month of listing or in the month selected by the parties.
(b) Duty of Arbitration Board Chairperson. The Arbitration Board Chairperson shall organize the cases to be heard during the week into a list and send a copy of the list to all attorneys and pro se parties involved in the cases. The list shall indicate the date, time, and place of each hearing.
(c) Motions. Any party to the action may raise questions of the action being arbitrable under these rules, or the composition of the board, first by informally notifying the District Court Administrator in writing, with notice to opposing counsel. Within three (3) days of such informal notice, the party raising the question shall file with the court a written motion based on such question, and shall specify the relief requested. The court shall decide such motion before the case is heard by the board. Failure to raise such questions within ten (10) days of receipt of a notice of such appointment, constitutes a waiver of those issues.
(d) Continuance by parties. Once the case has been scheduled for a hearing and the parties notified as provided in subsection (b) hereof, there shall be no unilateral continuance. A request of a party or counsel for continuance of such scheduled hearing shall be granted only by the Chairperson of the board to a specific date, time and place after consultation with the District Court Administrator, and notice thereof shall be given by the chairperson to all parties, board members and the District Court Administrator. At the discretion of the Chairperson, a continued arbitration hearing may be held at a suitable, neutral location away from the assigned hearing location, such as a law office conference room, provided that the location is not more than five miles from the Judicial Center. For any case in which a continued hearing cannot be held within twenty (20) days of the date originally fixed therefore, the Chairperson shall direct the removal from the Arbitration List without prejudice to any party to relist the matter again.
(e) Removing matter from arbitration. No party shall unilaterally remove a matter from the arbitration list without leave of court. Voluntary non-suits shall be in accordance with Pa.R.C.P. 1304(a).
(f) Settlement, voluntary non-suit, summary judgment. In cases of settlement, voluntary non-suit and summary judgment, arising after a case has been scheduled, the parties or counsel shall notify the chairperson, whereupon the board shall enter an award in conformance therewith.
(g) Procedure after board convened. Once a board has been convened, the procedure shall follow Pa.R.Civ.P. 1303(b).
(h) Inability of Board to hear all assigned cases. If a Board cannot hear all assigned cases, it shall return the unheard cases to the District Court Administrator for assignment to a subsequent arbitration board.
(i) Overload. If the District Court Administrator determines that the number of referred arbitration cases exceeds the ability of the Boards to hear them so that hearings are being delayed beyond ninety (90) days from reference, he shall meet with the Arbitration Committee, and additional arbitration boards shall be assigned from the arbitration panel members to hear the excess cases as soon as possible.
YCCiv. 1305: Pre-Hearing Procedures:
(a) Prior conference of counsel. Counsel shall confer in person, in advance of the hearing before the board of arbitrators, to accomplish the following purposes:
(1) Lists and marking of exhibits. Examine, mark and list all exhibits which any of them may intend to introduce at the hearing, whether in the case in chief or in rebuttal. Only exhibits so listed and marked shall be offered in evidence at the hearing, except for good cause shown.
(2) Admissibility of exhibits. Agree so far as possible as to the authenticity and admissibility of such exhibits and note briefly the grounds for objection to any exhibits not so agreed upon, and counsel for the plaintiff shall keep a record of such objections and grounds therefore;
(3) Statement of contested issues. Agree so far as possible as to the rules of law governing the case, and identify contested issues of law, if any;
(4) Statement of uncontested facts. Agree so far as possible as to the facts. If the incontestability of any fact is challenged, the party objecting, and the grounds for the objection, shall be identified. No testimony will be taken on facts not in dispute.
(b) Arranging conference of counsel. Counsel for the plaintiff shall be responsible for arranging the conference between counsel before the hearing. The conference between counsel shall be held at least two (2) weeks prior to hearing at the office of counsel for the plaintiff; provided, however, that if plaintiff's counsel has no office in York County, the conference shall be held at the office of counsel for the defendant.
(c) Preparation of Joint Statement. The parties shall prepare a joint statement listing all exhibits, all witnesses expected to be called at the arbitration hearing, the contested issues, and stipulations of facts. The statement shall be presented to each arbitrator at the start of the arbitration.
(d) Sanctions. The Chairperson has the authority to impose appropriate sanctions for violation of this rule, including but not limited to, precluding use of exhibits or witnesses.
YCCiv. 1306: Report and Award:
The Chairperson of the board of arbitration shall file a report with the Prothonotary, which shall contain an award, within ten (10) days after hearing, unless the court upon application of the board shall extend the time for filing. The report shall be signed by all or a majority of the arbitrators on the board. The Prothonotary shall file the original report and award. The Chairperson shall mail copies of the report and award to the parties or their counsel. The report and award shall be substantially in the form of a verdict of a jury, and need not contain a recital of facts, nor a statement of reasons for the action taken by the board.
YCCiv. 1308: Compensation of Arbitrators:
(a) Amount. The Chairperson and each member of the board of arbitrators, who has signed a report, or files a minority report, shall be paid by the County for their services fees as may be established from time to time by the President Judge and published by administrative order.
(b) Complex cases. In cases requiring hearings of unusual duration or involving questions of unusual complexity, the court, on petition of the board presented to the District Court Administrator, and for cause shown, may allow additional compensation. The court may also, on petition of any party to a case, on cause shown and to prevent injustice, reduce the amount of such compensation, or disallow compensation entirely. To the extent that additional compensation is ordered, such compensation shall be paid by the County, in such amount as the court shall direct.
(c) When arbitrator is entitled to compensation. The members of the board shall be entitled to receive their compensation only upon filing with the Prothonotary awards for all cases heard by them. When the all awards are filed, the Prothonotary shall issue an order for payment of such compensation, which shall be immediately paid from county funds. Compensation paid to arbitrators shall not be taxed as costs nor follow the award as other costs.
(d) Appeal in matter arbitrated without complaint. In actions referred to arbitration by an agreement of reference without the filing of a complaint, and if taken by a plaintiff, shall be accompanied by a complaint, and if taken by a defendant, shall be accompanied by a rule of the plaintiff to file a complaint.
YCCiv. 1311.1(b): Admission of Documentary Evidence:
(1) At least ten (10) days prior to the first day of trial, the parties shall examine the official court record to ascertain that any exhibits to be admitted pursuant to this rule are in the court file.
(2) In the event that any exhibit is not in the file, the party offering that exhibit shall produce the exhibit at the time of trial.
Equitable Relief YCCiv. 1531.1: Special Relief. Injunctions:
(a) No application seeking special relief, a preliminary injunction or special injunction shall be filed unless a complaint has been filed prior to or concurrently with the filing of the application, unless the application involves freedom of expression or a labor dispute.
(b) An application for preliminary injunction or special injunction shall be in such form and contain the information required by YCCiv. 205.2. The application shall be filed in accordance with the requirements set forth in YCCiv. 205.1, and the applicant shall cause a copy of the application to be given to the Court Administrator for assignment to a judge.
(1) A copy of the complaint that commenced the action shall accompany the copy of the application for relief delivered to the Court Administrator, but shall not be attached to it.
(2) The application for a preliminary or special injunction shall clearly state whether the relief is being sought without notice and a hearing, and if so, shall clearly state the reasons for requesting ex-parte relief.
(3) If the application for a preliminary or special injunction is not being presented ex-parte, copies of all pleadings and proposed orders shall be delivered to all other parties as soon as practicable and, if possible, before the application is presented to the Court. The application shall clearly state what notice was given to all other parties to the action, and if no notice was given to a party, shall clearly state the action taken in an attempt to notify a party.
(4) An affidavit of the petitioner and any parties or third persons shall be filed with the application for preliminary or special injunction.
(5) The affidavits shall address each element necessary to establish the petitioner's entitlement to relief.
(c) A proposed preliminary or special injunction order that succinctly sets forth the reasonable relief that the court is being asked to grant, shall accompany the copy of the application for relief given to the Court Administrator, but shall not be attached to it.
(d) Counsel filing an application for ex-parte relief shall be prepared to personally present the application to the assigned judge.
YCCiv. 1531.2: Injunctions—Hearings:
(a) All parties shall prepare and present, at the time of the hearing, proposed findings of fact and conclusions of law.
(b) All parties shall be prepared to calculate the amount of a bond, if any, and shall be prepared to explain the calculation to the court at the time of the hearing.
YCCiv. 1557: Partition of Real Property:
(a) At any time after the pleadings are closed, any party may file a motion for an order directing partition because of default or admission in the pleadings. The motion shall be in such form and contain the information required by YCCiv. 205.2. The motion shall be filed pursuant to YCCiv. 205.1 and 208.3(b).
(b) If there be no default or admission in the pleadings, the motion shall request a hearing to determine whether the Court should enter an order directing partition. The motion shall be in such form and contain the information required by YCCiv. 205.2. The motion shall be filed pursuant to YCCiv. 205.1 and 208.3(a), but the motion need not be presented to the court at a session of motions court.
(c) Any party to an action requesting partition of real property shall provide suggestions to the Court for appointment of a master and a plan for the compensation of any master so appointed.
Child Custody Actions YCCiv. 1915.3(a): Commencement of Action:
(1) All complaints relating to custody of minor children shall be presented to the District Court Administrator for assignment in accordance with these rules. Upon payment of the designated filing and administration fees, the complaint shall thereafter be filed in the office of the Prothonotary and served in accordance with rules of court. The complaint shall specifically designate the relief sought by the party who filed the pleading. Matters relating to custody shall proceed pursuant to Pa.R.Civ.P. 1915.4-3 and these Rules.
(2) If any minor child subject to the custody proceedings is, at the time of the filing of the custody complaint, a dependent child as defined by the Juvenile Act, 42 Pa.C.S. Sec. 6302, the custody proceedings shall be stayed until further order of court.
YCCiv. 1915.3(b): Reference to Conciliator:
(1) Assignment. The District Court Administrator shall assign all child custody actions, and first applications for contempt of a custody order, to a conciliator who shall be an attorney admitted to practice before the Courts of this Commonwealth and who maintains a principal office in the County of York, and who shall be designated by the court to conduct a conciliation conference with both counsel and the parties. Further, the Court Administrator shall enter an order setting the date, time and place for such conciliation in accordance with a previously arranged schedule for each conciliator.
(2) Scheduled Date. The District Court Administrator shall set the conciliation date within ten (10) to fifteen (15) days from the date of the filing of the complaint. In the event the conciliation is unable to be scheduled within the ten (10) to fifteen (15) day period, the District Court Administrator shall schedule the conference at the next available time.
(3) Service. Counsel for the moving party shall serve a copy of the complaint and order for conciliation upon the respondent in accordance with rules of court. The District Court Administrator shall notify the conciliator of the list of cases scheduled for conciliation for each date. Further, the District Court Administrator shall provide facilities to conduct the conciliation conference.
(4) Continuance. Should a party request a continuance of the established date, the party requesting such continuance shall be responsible for arranging such continuance in accordance with rules of court, which shall include the preparation of an application for continuance in the standard form approved by the court, which includes a proposed order for the change of conference date. The application shall be presented to the conciliator for recommendation, not less than forty-eight (48) hours prior to the conference. Absent cause, the conciliator may deny the request for continuance. If a continuance is requested by the party having majority custody of the child and if the non-custodial party has not exercised rights of custody since the filing of the action, the burden is upon the moving party to ensure that a conciliation conference is held within twenty (20) days from the date of the filing of the action.
(5) Administrative Fee. The conciliator shall be compensated for each case assigned to the conciliator at such rates as may be established from time to time by administrative order.
(a) Each conference is expected to last one (1) hour. In the event the conciliation lasts more than one (1) hour, the conciliator may address the issue of the assessment of an additional fee. This fee shall be added to the cost of the action and shall be collected by the Prothonotary at the time the Court files any order resulting from conciliation.
(b) The fee shall be paid to the conciliator by the Prothonotary when the Court files any order resulting from appointment of a conciliator. In the event the moving party is unable to pay the administrative fee, such party may apply for an order to proceed in forma pauperis. The District Court Administrator, on behalf of the court, is authorized to issue upon the respondent and the County of York a rule to show cause why the moving party should not proceed as requested. If the court authorizes in forma pauperis status, the administrative fee shall be paid by the County of York upon certification by the District Court Administrator.
(c) In the event a party files a request for an additional conciliation, modification or initial contempt proceeding involving custody issues, the party shall pay an additional fee for such conciliation conference, which must be paid prior to the conferences. The filing of a second or subsequent contempt proceeding shall be presented directly to the court. The procedure for appointment of the conciliator shall be in accordance with these rules.
(6) Attendance. All parties and any child at issue who is over the age of seven (7) years is mandated to be present and available at the conciliation conference. Failure of a party to appear at the conference may provide grounds for the entry of temporary or permanent Order. Conciliation shall commence at the designated time with or without counsel for the parties being present.
(7) Authority of Conciliator. The conciliator shall have the following authority and responsibility:
(a) Conciliate custody cases, which specifically includes meeting with the parties and children, if appropriate.
(b) Address the issue of interim or temporary Orders.
(c) Address the issue of appointment of counsel for the child consistent with rules of court.
(d) Address the issue of home studies, as appropriate.
(e) Address the issue of utilization of expert witnesses, as appropriate.
(f) Address the issue of allocation of costs between the parties including, but not limited to, costs of court, home studies, expert fees, attorneys' fees or other similar costs.
(g) Address the issue of resolutions for contempt proceedings filed for the first time by a party in a case.
(h) Maintain an alphabetized list of all cases the conciliator has heard so that the District Court Administrator always appoints the same conciliator for the same parties.
(i) Address any other issues as hereafter may be approved by the court including, but not limited to, the issue of action to be taken on petitions for special relief.
(8) Memorandum by Parties. At least three (3) days prior to the date of the conciliation conference, each party shall present a memorandum addressing the following:
(a) Proposed order (this should be the same relief that is set forth in the Complaint filed by the moving party).
(b) Names and addresses of factual witnesses.
(c) Names and addresses of expert witnesses.
(d) Issues for resolution.
(e) Estimated length of trial.
(f) Whether a home study is requested.
(g) Whether the party will agree to a joint psychologist for evaluation or requests psychological evaluations.
The form for the Memorandum shall be provided by the District Court Administrator's office.
(9) Proposed Order or Report by Conciliator. Following the conclusion of each conference, the conciliator shall prepare a proposed order, which shall encompass any agreement made by the parties, set forth an interim custody arrangement if no agreement was reached, schedule the case for trial, hearing or other procedural resolution, or set forth any other action deemed necessary or appropriate. If the conciliator does not propose the entry of an order, a report of the outcome of the conference shall be provided to the Court.
(10) Record. No record shall be made at the conciliation conference.
YCCiv. 1915.3(c): Entry of Court Order:
Upon review of the Conciliator's proceedings, the court may issue an Order addressing the appropriate issues and, if necessary, scheduling a pre-trial conference, hearing, or trial. Such Order shall be mailed to the parties by the court.
YCCiv. 1915.3(d): Scheduling of Trial:
(1) If the parties are unable to agree to a resolution, the court shall issue an order scheduling a pre-trial conference, at which time counsel and all parties shall be present.
(2) The failure of a party to comply with any pre-trial order shall not be sufficient basis to prevent the scheduling of the pre-trial conference with the court. Rather, the court will take such dilatory actions into account when assessing costs, including counsel fees, if appropriate. The failure to comply with the rules of court is a basis for imposition of other appropriate sanctions.
YCCiv. 1915.5: Question of Jurisdiction or Venue:
If a party raises a question of jurisdiction or venue pursuant to Pa.R.Civ.P. 1915.5, the application raising the issue shall be in the form of a motion and shall be presented to the court pursuant to YCCiv. 208.2 and 208.3(a).
Practice Before Divorce Masters YCCiv. 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.
(a) Joinder of Related Claims—Child and Spousal Support; Alimony; Alimony Pendente Lite; Counsel fees; Expenses:
(1) Alimony Pendente Lite:
(i). Form of written demand for hearing: The party raising a claim for alimony pendente lite shall make his or her written demand for a hearing by filing a Motion to Appoint a Master as set forth in YCCiv. 1920.51.
(ii). APL referred to DRS: A Motion to Appoint a Master solely on the issue of alimony pendente lite may be referred by the Divorce Masters Office to the Domestic Relations Section for a conference pursuant to Pa.R.C.P. 1910.11. Any party aggrieved by the order entered as the result of such conference may request a hearing de novo, which may be conducted by a judge. However, the court, in its sole discretion, may refer the case back to the Divorce Masters Office for a hearing of record pursuant to Pa.R.C.P. 1920.54. In such a case, the parties may be required to pay an additional fee for the master's time. Please see YCCiv. 1920.51(a)(3)(i)(2), below.
(iii). Additional documents required: When a Motion to Appoint a Master is presented to the Divorce Masters Office with respect to a claim for alimony pendente lite alone, the moving party shall also present the following additional documents to the Divorce Masters Office:
1. A time-stamped copy of the initial pleading, filed with the Prothonotary, in which the claim for alimony pendente lite was raised;
2. The original and two copies of the ''Background for APL'' form as prescribed by the Divorce Masters Office;
3. The original and two copies of the ''Petition for Alimony Pendente Lite'' form as prescribed by the Divorce Masters Office; and
4. The Prothonotary's payment receipt showing that the appointment fee required by YCCiv. 1920.51(a)(3)(i) has been paid.
(2) Claims for alimony, counsel fees, costs, and expenses.
(i). Moving party's filing of Income Statement and Melzer Expense Statement: When a Motion to Appoint a Master for any claim set forth in Pa.R.C.P. 1920.31 is presented to the Divorce Masters Office (other than a claim for alimony pendente lite alone), it shall be accompanied by the following:
1. A copy of the moving party's Income Statement that has been filed with the Prothonotary. The Income Statement shall be in the form required by Pa.R.C.P. 1910.27(c)(1);
2. A copy of the moving party's Melzer Expense Statement that has been filed with the Prothonotary. The Melzer Expense Statement shall be in the form required by Pa.R.C.P. 1910.27(c)(2)(B); and
3. The Prothonotary's payment receipt showing that the fee required by YCCiv. 1920.51(a)(3)(i) has been paid.
4. Each form shall be substantially complete.
(ii). Respondent's Income Statement. Within thirty (30) days after receiving notice that a master has been appointed to hear any claim set forth in Pa.R.C.P. 1920.31, the responding party shall present to the Divorce Masters Office a copy of the following:
1. A copy of the responding party's Income Statement that has been filed with the Prothonotary. The Income Statement shall be in the form required by Pa.R.C.P. 1910.27(c)(1); and
2. A copy of the responding party's Melzer Expense Statement that has been filed with the Prothonotary. The Melzer Expense Statement shall be in the form required by Pa.R.C.P. 1910.27(c)(2)(B).
(iii). Each form shall be substantially complete.
(3) Sanctions for failure to file. Parties failing to comply with the requirements of this subsection shall be subject to court ordered sanctions and may be subject to sanctions imposed by the master, sua sponte, as permitted by YCCiv. 1920.51(b)(2)(ix), below. In addition, if a party fails to file a Melzer Expense Statement, then that party will not be permitted to testify about his or her expenses. See Pa.R.C.P. 1920.33(b)(6).
YCCiv. 1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.
(a) Filing of Inventories.
(1) General requirements. The Inventory, as required by Pa.R.C.P. 1920.33 shall be in the form required by Pa.R.C.P. 1920.75 and shall be substantially complete. Assets and liabilities shall be listed in the order mandated by Pa.R.C.P. 1920.75. The name of the account holder and the last four digits of the account number shall be used to identify assets such as investment accounts, bank accounts, insurance policies, retirement accounts, and the like.
(2) Moving party's filing of Inventory. When the Motion for the Appointment of a Master for equitable distribution is presented to the Divorce Masters Office, a copy of the moving party's Inventory that has been filed with the Prothonotary shall be presented with it.
(3) Respondent's Inventory. Within thirty (30) days after receiving notice that a master has been appointed to hear a claim for equitable distribution, the responding party shall present a copy of that party's Inventory that has been filed with the Prothonotary to the Divorce Masters Office.
(4) Other cases requiring an Inventory. The master may establish a deadline by which the moving party and responding party shall file an Inventory, when a party has raised the claims of alimony, alimony pendente lite, counsel fees, and expenses. The master's determination of those issues requires consideration of assets and liabilities.
(b) Pretrial Statements.
(1) General requirements. The Pre-Trial Statement shall be filed with the Prothonotary and shall provide the information required by Pa.R.C.P. 1920.33(b).
(i) Assets shall be listed by category. The categories shall be listed in the order required by Pa.R.C.P. 1920.75. Within categories, the assets shall be listed in the same order as the items are listed in the master's memorandum that requires the filing of the Pre-Trial Statement, and shall be in chart form. Failure to comply with these requirements may lead to the imposition of sanctions against the non-complying party.
(ii) The Pre-Trial Statement shall list all Exhibits that will be proffered at trial. Each Exhibit shall be described concisely so that it can be easily identified. Copies of Exhibits shall NOT be attached to the Pre-Trial Statement filed with the Prothonotary, but shall be compiled into a three-ring loose-leaf binder for use by the Witnesses at trial. A duplicate binder shall be provided to the master and to opposing counsel, either in paper form or in the form of an electronic file in Portable Document Format (PDF) when the Pre-Trial Statement is filed.
(2) Copy of Income Statement. If a party has not previously filed an Income Statement in a case involving a claim for equitable distribution only, then that party must attach a complete Income Statement to his or her Pre-Trial Statement. The Income Statement shall be in the form required by Pa.R.C.P. 1910.27(c)(1).
(3) Melzer Expense Statement. If a party has not previously filed a Melzer Expense Statement in a case involving a claim for equitable distribution only, then that party will not be permitted to testify as to his or her expenses at trial unless a complete Melzer Expense Statement is attached to his or her Pre-Trial Statement. See Pa.R.C.P. 1920.33(b)(6). The Melzer Expense Statement shall be in the form required by Pa.R.C.P. 1920(c)(2)(B).
(4) Filing date. The Pre-Trial Statement shall be filed no less than fifteen (15) days prior to the Settlement Conference except as otherwise directed by the master in the master's Preliminary Conference Memorandum or otherwise. Please see YCCiv. 1920.51(b)(2) for additional information concerning conferences with the master.
YCCiv. 1920.51. Appointment of Master. Notice of Hearing.
(a) Appointment of Masters.
(1) Qualifications and Duties of Divorce Masters. The Divorce Masters Office shall be responsible for scheduling and conducting all proceedings involving a master appointed pursuant to Pa.R.C.P. 1920.51, et seq. The court shall employ permanent salaried masters who shall not engage in any private domestic relation matters and who shall serve at the pleasure of the court. Their qualifications and duties shall be as follows:
(i) The Director of the Divorce Masters Office. The Director shall be a full-time salaried employee of the County of York and shall serve at the pleasure of court. The Director shall be a member of the Bar of York County and shall have at least five (5) years of experience of practice in the field of divorce and family law. The Director shall be responsible for the operation of the Divorce Masters Office, including supervision of the employees of the office and the other masters employed by the court. The Director shall assign cases to other masters employed by the court and shall conduct proceedings in cases not assigned to other masters. The Director shall report directly to the judge presiding over the Family Court Division.
(ii) Masters. The court may also employ part-time or full-time masters to work under the supervision of the Director. Such additional masters shall be members of the Bar of York County, shall be employees of the County of York, and shall serve at the pleasure of the court. The part-time masters shall be available at least twenty (20) hours per week to fulfill their assigned duties.
(iii) Special Masters. In cases where the Divorce Masters Office is not able to conduct proceedings pursuant to Pa.R.C.P. 1920.51, et seq. due to a conflict or extraordinary circumstance, the court may appoint a member of the Bar of York County to sit as a special master in any particular case. Such special master shall serve at the pleasure of the court and shall be an independent contractor of the County of York, with compensation set by the court on a case-by-case basis.
(iv) General Duties. In each case in which a master is appointed, the master shall preside over all conferences and hearings necessary for the preparation of a final or interim report and recommendation, as appropriate. The master may schedule conferences with counsel, with or without the parties present.
(2) Cases in which a master may be appointed. A Divorce Hearing Master may be appointed only in the following circumstances:
(i) Whether or not grounds for divorce have been established. Either party may move for the appointment of a master to hear any or all of the following claims:
1. Alimony Pendente Lite, including new claims, modifications, and terminations.
2. Interim counsel fees, costs and expenses.
3. Partial distribution of marital property.
4. Mediation of discovery disputes.
(ii) Grounds for divorce not established. If grounds for divorce have not been established, then either party may move for the appointment of a master to determine marital status under Section 3306 of the Divorce Code, or to hear claims for fault divorce under Section 3301(a), claims of institutionalization under Section 3301(b), claims for two year separation or irretrievable breakdown under Section 3301(d)(1)(ii).
(iii) Grounds for divorce established. If grounds for divorce have been established, then either party may move for the appointment of a master to hear all economic claims, or for claims of alimony pendente lite, modification of alimony pendente lite, alimony, or interim counsel fees, costs and expenses.
(iv) Modification or Termination of Alimony. Either party may move for the appointment of a master at any time to hear a claim for modification or termination of alimony.
(v) Other cases with leave of court. Either party may move for the appointment of a master in any other case with prior leave of court. If the court determines that a motion presented in Current Business Court should be referred to a master, then the court may direct the appointment of a master to hear the motion and resolve the issues presented. In such case, the moving party shall pay the required appointment fee. See YCCiv. 1920.51(a)(3)(i).
In all cases except for the mediation of discovery disputes, the moving party shall certify in the motion to appoint that discovery is substantially complete with respect to the claims being presented to the master. Failure to comply with this requirement may result in the denial of the motion or rescission of the appointment.
(3) Procedure to appoint a master.
(i) Filing fees.
1. Fees to appoint a master. With respect to every motion to appoint a master to hear a claim for divorce or any related claim, the moving party shall pay the required appointment fee as set forth in the Prothonotary's fee schedule that is in effect on the date the Motion to Appoint is first submitted to the court.
2. Additional master's fees. The court may limit the number of hours of the master's time that will be provided, and may impose additional fees if the parties exceed the time allotted.
(ii) Award of costs. The fees set forth in this subsection shall be regarded as costs of the case, and the master may recommend that either party bear those costs or reimburse the other party in full or in part for those costs.
(iii) Request for return of appointment fees. In any action where the appointment of a master is withdrawn after the appointment has been made by the court, the party who paid the fees specified in this subsection may petition the court for the return of part of the fees in accordance with the following provisions:
1. Refund of appointment fees. Only in those cases where no initial conference has been held and written notice of discontinuance or revocation of the appointment of a master has been delivered to the Divorce Masters Office no less than fifteen (15) days in advance of the first originally scheduled proceeding, the fees may be remitted in full, less fifty dollars ($50.00).
2. Master's consent. The court will not approve the petition for remission of fees unless endorsed by the master appointed to hear the case in question.
(iv) Fee certification. Presentation of Motion.
1. The Motion to Appoint a Master for divorce, annulment, or any related economic claim shall be made on the form prescribed by the Divorce Masters Office.
2. The Motion shall be presented first to the Prothonotary, who shall certify thereon that the fees have been paid. The moving party shall serve a copy of the Motion upon the opposing party or counsel.
3. The original Motion and three copies shall then be presented at the Divorce Masters Office for the issuance of an order appointing a master and scheduling such further proceedings as may be necessary.
(b) Scheduling of Preliminary Proceedings and Hearings. Notices.
(1) Scheduling, filing of original motion, and notice.
(i) Scheduling. The Divorce Masters Office shall schedule an initial conference pursuant to YCCiv. 1920.51(b)(2)(i), and shall cause a Scheduling Order to be issued by the Court.
(ii) Filing of motion and notice. The Divorce Masters Office shall file the original Motion and Scheduling Order with the Prothonotary and serve a copy of each to the moving party and to the responding party.
(2) Preliminary proceedings.
(i) Initial conference. Upon appointment, the Divorce Masters Office shall schedule a status conference or preliminary conference to be conducted by the master and shall give counsel or the parties not less than ten (10) days written notice of the conference.
(ii) Scheduling of additional proceedings. At the close of the initial conference, the master may schedule additional proceedings such as preliminary conferences, status conferences, meetings with counsel, settlement conferences, or hearings to take testimony.
(iii) Notice of other conferences and hearings. The Divorce Masters Office shall give counsel or the parties not less than ten (10) days written notice of any subsequent conference or hearing. This requirement may be waived by agreement of counsel or the parties.
(iv) Master's conference memoranda. The master shall prepare a written memorandum of each conference, setting forth a concise summary of the events that transpired during the conference and scheduling the next proceeding. The master shall file the memorandum with the Prothonotary and mail a copy to each of the parties or the party's attorney. During the initial conference or any subsequent conference, the master shall determine whether additional discovery is required and, if so, may direct the manner and time schedule for such additional discovery to be completed. This information shall be included in the conference memorandum. In addition to other matters contained within it, the conference memorandum shall set a date by which all of the identified discovery shall be produced. If the memorandum requires the filing of a pre-trial statement, then the memorandum shall provide a deadline for filing and serving the pre-trial statement.
(v) Continuance requests. All requests for continuances, including requests for extensions of time for discovery and filing of pre-trial statements, are to be submitted on the court's ''Application for Continuance'' form and shall include the response of opposing counsel. Requests for continuances shall be submitted to the Divorce Masters Office. The master shall rule on all requests for continuances. Any party aggrieved by the master's ruling may seek relief by filing a Motion for Continuance in Current Business Court.
(vi) Attendance at conferences. Both parties and their counsel shall attend all conferences unless excused in advance by the master. Parties may participate by electronic means as provided in Pa.R.Civ.P. 1930.3 by order of court or with the prior consent of the master and the adverse party. A request for a party to be excused or for a party to participate by electronic means must be made in writing and delivered to opposing counsel and to the Divorce Masters Office no less five (5) business days in advance of the scheduled conference. With respect to each party, the attorney who will be responsible for trying the case before the master shall be present at all proceedings held by the master. If an attorney has reason to believe that he/she will not be able to be present for any scheduled proceeding then the attorney shall present a formal request for continuance to the master. That attorney shall also be responsible for finding an alternate time or date for the scheduled proceeding that is acceptable to opposing counsel and to the master. Failure of any party or counsel to attend a scheduled proceeding before the master may subject the offending party or attorney to appropriate sanctions, which may include a monetary penalty.
(vii) Failure to appear. If any party fails to appear at any conference or hearing, either in person or by counsel, the master may proceed with the conference or hearing without the participation of that party provided that written notice of the conference or hearing has been given as set forth above.
(viii) Good faith effort to settle. The parties, with the aid of their counsel and the appropriate assistance of the master, should make a good faith effort to resolve contested matters, including the marital property division, and shall determine those items which are contested and upon which testimony shall be taken at a scheduled hearing.
(ix) Sanctions by masters. If either party fails to comply with the discovery deadlines established by the master in the preliminary conference memorandum or otherwise, the master, on motion of the adverse party or sua sponte, may impose any or all of the following sanctions:
1. The matter may be continued until discovery is complete.
2. The master, in his or her discretion, may apply any of the sanctions set out in Pa.R.C.P. 4019(c)(1), (2), (3), or (5).
3. The master, in his or her discretion, may apply the sanction set out in Pa.R.C.P. 1920.33(d).
4. The master may terminate the master's appointment.
(x) Actions to compel discovery. If either party fails to comply with the discovery deadlines established by the master, the adverse party may elect to file a motion in current business court to compel discovery in accordance with the master's directive. The court may, either on the recommendation of the master or sua sponte, impose counsel fees against the non-complying party if the court sustains the master's discovery directive and the requested information was not provided prior to the presentation of the Motion to Compel.
(xi) Notice of Master's hearings. When the case is ready to proceed, the master shall establish the time and place for the formal hearing and shall give no less than ten (10) days notice thereof by mail to counsel. If either party does not have counsel, then the ten (10) day notice shall be mailed directly to that party at the address noted on the records of the Prothonotary or such other address as the party may have provided to the Divorce Masters Office, either in writing or verbally in the course of a personal appearance at any proceeding held by the master and noted in the master's memorandum of that proceeding.
YCCiv. 1920.55-1. Alternative Hearing Procedures for Matters Referred to a Master:
(a) All matters referred to a master for hearing in York County shall proceed as prescribed by Pa.R.C.P. 1920.55-2.
(b) Motions directly pertaining to matters pending before a master shall be filed with the master assigned to the case.
(1) The master may make a ruling disposing of the motion;
(2) The master may refer the motion to a judge assigned to hear such motions with a recommendation for appropriate action; or
(3) The master may refer the motion to a judge assigned to hear such motions without any recommendation.
YCCiv. 1920.55-2. Master's Report. Notice. Exceptions. Final Decree:
(a) Stenographic record. Contents of Report.
(1) Stenographic record. All hearings before a master shall be conducted on the record.
(i) Transcripts may be produced by either an official reporter or from electronic recording devices, in the Court's sole discretion.
(ii) Preparation of transcript. At the conclusion of the hearing or any portion thereof, the master may direct that a transcript be prepared for use by the master in preparing the master's report and recommendation. Such transcript may be on paper or may be reproduced electronically by the reporter.
1. Paper transcripts. In the case of paper transcripts or electronic media containing the full text of paper transcripts, the parties or their counsel may obtain copies at their own expense from the court reporter.
2. Electronic transcripts. In the case of electronic transcripts, the master may request a ''real time'' copy of the court reporter's notes. ''Real time'' copies of the court reporter's notes are not available to the parties or their counsel, but are only available for use by the court at a reduced cost to the parties. Therefore, if the parties or their counsel wish to have a transcript of the proceedings, they must request a paper transcript or electronic media containing the full text of the paper transcript from the court reporter and must pay the fees imposed by the court reporter.
(iii) Master's report without transcript. The master may elect to prepare a report and recommendation without the benefit of a transcript of the proceedings.
(iv) Parties to pay transcript costs. The master shall direct the manner in which the costs of the transcript shall be paid. If the master orders the transcript, then both parties shall pay the assessed transcript costs within fifteen (15) days of the notice sent by the court reporter(s) of the amount due.
1. Assessment of costs. The master may direct either party to pay all of the transcript costs, or may apportion the costs between the parties as the master sees fit. The master's decision with respect to the payment or apportionment of transcripts costs shall only be subject to review by the court if the party objecting to the master's decision files a specific exception to the master's decision in a timely manner after the master's files a report and recommendation.
2. Sanctions for failure to pay. In the event a party fails to pay the transcript cost, as directed by the master, the compliant party may file a motion with the court to compel payment. The court shall order that a judgment be entered against the non-compliant party for the sum of their portion of the transcript cost plus counsel fees in an amount not less than two hundred fifty dollars ($250.00).
(2) Masters reports and recommendations.
(i) Effective date for alimony pendente lite and alimony. All reports from the masters recommending an award of alimony pendente lite or alimony shall contain a recommendation for the effective date of that order. All reports from the masters recommending an award of interim counsel fees shall contain a recommendation for a date by which the award must be paid.
(ii) Draft court orders. In all cases, the master's report and recommendation shall be accompanied by one or more draft orders setting forth the master's recommended resolution of the case.
(iii) Assessment of costs and expenses. In any case, the master may assess any costs or expense in the case against either party. The master may recommend that the party pay these costs before the granting of the divorce or the enforcement of any economic decree; PROVIDED, HOWEVER, that the master must first consider the effects of staying the granting of a divorce or the enforcement of any economic decree upon the other party. The master's recommended assessment of costs and expenses shall be binding on the parties unless specific exceptions are filed with respect to this recommended assessment.
(b) Filing Exceptions.
(1) Notice to master. Exceptions to the master's report, filed pursuant to Pa.R.C.P. 1920.55, shall be filed in the Office of the Prothonotary, with copies provided to the Divorce Masters Office and to the opposing party.
(2) Time for filing exceptions. Regardless of whether a transcript has been filed, a party must file any Exceptions to the master's report and recommendation within the time limit imposed by Pa.R.C.P. 1920.55-2. If no transcript has yet been filed with the Prothonotary, then the first party to file Exceptions in any given case shall also file a certification that the party has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. The court reporter shall then file the transcript with the Prothonotary upon receipt of payment and give notice of filing to all parties, and to the Divorce Master.
(3) Request of transcript. In the event no transcript has been filed by the court reporter prior to the time that a party files Exceptions, the party filing Exceptions shall make a written request to the court reporter for the preparation and filing of the transcript. This request must be made contemporaneously with the filing of exceptions. The original request shall be delivered to the court reporter who took the notes of testimony and a copy of the request shall be filed with the Prothonotary as an attachment to the Exceptions. Any party requesting a transcript shall pay the costs of such transcript to the court reporter, within fifteen (15) days of the written notice from the court reporter that the transcript has been transcribed. In the event such party fails to pay the transcript cost within the fifteen (15) days allowed, then that party is deemed to have waived the right to file amended Exceptions, as set forth in this subsection and that party's briefing schedule commences, as set forth in subsection (c)(1), below.
(c) Filing and service of briefs. The filing and service of briefs shall be in accordance with YCCiv. 208.3(b)(3)(i—iv).
(d) Listing and disposition. Listing for disposition shall be in accordance with YCCiv. 208.3(b)(3)(v).
(e) Briefs to reference transcript. The moving party's brief shall direct the Court to the specific page or pages of the transcript of the notes of testimony that support the moving party's position on all issues raised by the Exceptions. The responding party's brief shall direct the Court to the specific page or pages the transcript of the notes of testimony that support the responding party's position on all issues raised by the Exceptions.
(f) Cross Exceptions. Where each party files exceptions to the master's report, then each party is considered the ''moving party'' with respect to that party's exceptions and the ''opposing party'' with respect to the other party's exceptions for purposes of filing and serving briefs.
(g) Transmitting the record. If no Exceptions are filed within the time limit imposed by Pa.R.C.P. 1920.55-2, then either party may move for the entry of a Final Order of Court by filing a ''Praecipe to Transmit Record'' with the Prothonotary. If Exceptions are filed, then either party may move for the entry of a final order of court by filing a ''Praecipe to Transmit the Record'' at any time after the court has disposed of the Exceptions. In either case, the Divorce Masters Office shall not be responsible for preparing or filing this Praecipe.
Family Law Mediation YCCiv. 1970: Cases Eligible Family Law Mediation:
(a) Family law cases which shall be eligible for mediation shall be those family law cases filed with the York County Court of Common Pleas which, if not settled, would be heard and decided by a judge or master, and which involve equitable distribution, alimony, alimony pendente lite, counsel fees, costs, expenses and such other related issues as the parties and mediator agree.
(b) Pursuant to these rules, no request for mediation shall be filed until ninety (90) days after the filing of the divorce complaint. Any case where either party is or has been a subject of domestic violence or child abuse at any time during the pendency of an action under this section or within twenty-four (24) months preceding the filing of an action under this section shall not be eligible for mediation under this section.
YCCiv. 1971: Selection of Mediators; Training:
(a) Prior to the last day of each calendar year, the York County Bar Association Family Law Section shall present to the President Judge a list of attorneys authorized to practice before the York County Court of Common Pleas who have agreed to serve as mediators for cases eligible for mediation under YCCiv. 1970. The President Judge, in consultation with the Supervising Judge of the Family Court may strike names from the list and shall promptly appoint the mediators and set their fees by administrative order. A copy of the administrative order shall promptly be forwarded to the York County Bar Association.
(b) Mediation Training Requirements: Persons selected as mediators for cases submitted under YCCiv. 1970 must have fulfilled the requirements of a recognized organization of family mediators, (which shall include at least forty (40) hours of approved training in family law mediation), or have received thirty (30) hours of Custody Mediation Training approved by the York County Family Court Division, plus be a practicing family law attorney or custody conciliator.
(c) No person shall serve as a mediator in case where the mediator or any member of his or her firm:
(1) Previously or currently represents one or more parties; or
(2) Is personally acquainted with or related to one or more of the parties; or
(3) Has personal knowledge or familiarity with the case; or
(4) Has been or may be called as a witness in the case; or
(5) Has participated as a conciliator or master in the case.
YCCiv. 1972: Motion for Mediation:
(a) An attorney for any party, or any unrepresented party, in any family law case eligible for mediation may file a motion and proposed order for mediation of the case. Any judge assigned to any motion, petition, trial or other proceeding in a civil case or family law case eligible for mediation may issue an order directing that the case be mediated.
(b) A motion for mediation may be made at any stage in the proceedings, so long as the case is pending in the Court of Common Pleas of York County. The motion for mediation shall not affect or delay other proceedings in the case. No request for mediation shall be filed until ninety (90) days after the filing of the divorce complaint.
(c) The motion for mediation of cases shall be presented to the Family Court Motions Judge pursuant to YCCiv. 208.3(a).
(d) In addition to the requirements of YCCiv. 205.1 and 205.2, the motion shall contain the following information:
(1) The names, addresses and telephone numbers of each attorney and unrepresented party in the case; in the case of the attorneys, the motion shall identify the party represented by the attorney;
(2) If the parties have agreed upon a mediator from the list of mediators approved by the court, the motion shall identify the mediator;
(3) A request for referral of the case to a mediator.
(4) An averment that no party or child subject to these proceedings is or has been a subject of domestic violence or child abuse at any time during the pendency of this action or within twenty-four (24) months preceding the filing of this action;
(e) The motion and order of appointment shall be served on the assigned mediator.
YCCiv. 1973: Conduct of Mediation Conferences:
(a) All mediation conferences shall be scheduled by the mediator. The conferences shall be scheduled to last two (2) hours.
(b) Mediators shall screen each party in advance of the mediation, using the Tolman Screening Model and shall not conduct mediation in those cases where the mediator determines, in his or her sole discretion, that mediation is not appropriate due to domestic violence, substance abuse, mental illness or other reasons under the Tolman Screening Model. The mediator shall notify the parties that he or she has determined that the case is not appropriate for mediation but shall not specify the reason for the rejection.
(c) All parties shall attend the mediation conference. Counsel may attend upon request of the mediator, or upon request of a party, provided advance notice to the mediator and all other parties have been given. If a party is insured for the claim which is the subject of the mediation, a representative of the insurer and counsel shall attend the mediation conference and shall have full settlement authority.
(d) Prior to the mediation conference, the Prothonotary shall permit the mediator to receive the file for the case for review and for reference during the mediation conference. The mediator shall return the file to the Prothonotary no later than the third (3rd) business day following the mediation conference.
(e) The mediator may request the parties to submit a list of issues and a brief summary of the parties' position on each issue.
(f) At the time of the mediation conference, the mediator shall begin the conference by explaining the conference procedure. Counsel and/or the parties shall be prepared to discuss all of the issues pertaining to the case.
(g) All discussions during the mediation conference shall be deemed to be for settlement purposes only and no statement by any party or counsel or by the mediator may be used as an admission or as evidence or otherwise in any proceeding in the case. All mediation communications and mediation documents shall be privileged to the extent provided by 42 Pa.C.S. § 5949. The mediator shall not be called as a witness in any proceeding in the case where the subject of the mediator's testimony would reveal anything pertaining to the matters discussed or addressed in the mediation conference.
YCCiv. 1974: Duties and Compensation of Mediator:
(a) Within ten (10) days of service of the order for mediation, the mediator shall contact each of the parties to the dispute and shall schedule the date of mediation. The date of the mediation shall be not less than twenty (20) days nor more than sixty (60) days from the date of the order. If a scheduling conflict arises, it is the responsibility of counsel or unrepresented party with the scheduling conflict to contact the mediator and all opposing counsel or parties to reschedule the mediation.
(b) At least five (5) business days prior to the scheduled date of the mediation, each party shall pay to the mediator one half of the total fee due the mediator for the scheduling and attendance at the mediation conference. Parties authorized to proceed in forma pauperis shall be exempt from payment of this fee, and the mediator will not be paid for this portion of the mediation. Rates of compensation for the mediator shall be established from time to time by the President Judge pursuant to administrative order.
(c) At the conclusion of the mediation conference, the mediator shall file a report with the Prothonotary, setting forth the caption of the case, the identity of counsel, and the identity of any unrepresented parties. The report shall further indicate the date on which a mediation conference was held, or the date on which the mediation was scheduled but at which one or more parties failed to participate. This report shall be filed for the purpose of establishing compliance or lack of compliance with the court order pertaining to mediation.
(d) At the conclusion of the mediation conference, if appropriate, the mediator shall prepare a memorandum of understanding, summarizing any agreements reached by the parties, and shall provide copies of the memorandum to the parties and their counsel of record. The parties and their counsel shall be responsible for converting the Memorandum of Understanding into a contract, stipulation or proposed order, and for taking the steps necessary to implement such documents and agreements.
YCCiv. 1975: Sanctions for Failing to Participate in Mediation:
(a) In the event that any party has been ordered to participate in mediation pursuant to these rules and fails to cooperate in the scheduling of a time for mediation conference, or fails to attend the scheduled mediation conference, or fails to pay the mediator pursuant to the requirements of these rules, such party shall be subject to the following sanctions:
(1) Payment of $150.00 to the mediator as reimbursement for the mediator's time in attempting to schedule and attend the mediation conference, except where the party has paid the mediator's fee;
(2) Payment of reasonable attorney's fees and costs incurred by other parties to the mediation during the mediation process.
(3) The court shall have the authority to impose alternative sanctions in the event it can be established that the party failing to cooperate with the mediation did so due to events beyond the party's control, or that the party's conduct was otherwise justified.
(b) The sanctions permitted by this rule shall be in addition to and not in lieu of other sanctions or penalties which may be imposed by the Court pursuant to law or rule of court.
Minors' Settlements YCCiv. 2039.1: Minor's Compromise, Settlement, Discontinuance and Distribution:
(a) No action to which a minor is a party shall be compromised, settled, or discontinued except with court approval pursuant to a petition presented by the guardian of the minor and a hearing before the court.
(b) If an action has been commenced the petition shall be filed with Prothonotary and a copy provided to the District Court Administrator for assignment to a judge.
(c) If no action has been commenced the petition shall be filed with the Clerk of the Orphans Court, which shall present it to the judge handling Orphans Court matters.
(d) The petition shall contain the following:
(1) The minor's name;
(2) The names and addresses of the minor's parents. If they are unknown the petition shall so state;
(3) Written approval of the minor if the minor is over the age of 16 years;
(4) Whether a guardian has been appointed for the minor by the Orphans Court of this or any other jurisdiction;
(5) The defendant' s residence or place of business;
(6) A summary of the facts of the case;
(7) A statement under oath by the parents and/or guardians certifying the physical condition of the minor and a statement of the reasons why the parents and/or guardians approve of the settlement;
(8) A report from a physician, or other documentation, setting forth the physical and/or mental condition of the minor and a prognosis;
(9) A specific list of costs sought to be reimbursed from the gross settlement.
(10) A statement as to the reasonableness of counsel fees. Counsel fees must be based upon the settlement amount. Under normal circumstances, 25% of the settlement amount will be presumed to be reasonable. The presumption is rebuttable at the hearing. Counsel fees shall be reduced by fees received, if any, as a result of counsel's ''representing'' the defendants in any subrogation claims;
(11) Whether any additional counsel fees were paid or will be paid as a result of representation of the defendants and subrogation claims;
(12) Sufficient reasons and legal authority for any request that funds be allocated to the parents of a deceased plaintiff, if applicable;
(13) Sufficient reasons for any request of allocation of the settlement proceeds among the children of the deceased plaintiff, if applicable;
(14) A statement of any actual or potential Department of Public Welfare liens and how such liens have been resolved.
(15) Any special request for early distribution, alternative deposit of funds, or other deviation from the order as set forth in YCCiv. 2039.2(b) shall be stated in the petition with supporting justification for the special request. Counsel shall be prepared to address the necessity for the special request at the time of the hearing.
(e) At the time of the hearing, counsel for petitioner shall present a proposed order substantially in the form set forth in YCCiv. 2039.2(b).
(f) Within 14 days of receipt of settlement proceeds, counsel for petitioner shall cause the funds belonging to the minor to be deposited as directed by the court's final order approving the compromise and settlement and directing distribution.
(g) Within 14 days of depositing the funds belonging to the minor, counsel for petitioner shall file proof of deposit by way of an affidavit substantially in the form set forth in YCCiv. 2039.2 (c).
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