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PA Bulletin, Doc. No. 11-2102

THE COURTS

ARMSTRONG COUNTY

Administrative Order; No. CP-03-AD-0000013-2011

[41 Pa.B. 6669]
[Saturday, December 10, 2011]

Order of Court

 And Now, this 21st day of November, 2011, it is hereby Ordered as follows:

 1. There is hereby promulgated a new Local Rule of Civil Procedure numbered 1915.4-3, to read as follows:

Rule 1915.4-3. Pretrial Conference.

 (a) If at the conciliation conference, the parties cannot agree upon a resolution of all the issues and a trial before a judge becomes necessary, the Court Administrator shall cause a pretrial conference to be scheduled to occur within ninety (90) days after the date the conciliation conference was held.

 (b) The Court will schedule a trial date at the pretrial conference, and a date for an additional pretrial conference when appropriate. The parties must attend each pre-trial conference.

 2. Current Local Rule of Civil Procedure 1920.51 is hereby rescinded and there is hereby promulgated a new Local Rule of Civil Procedure numbered 1920.51, to read as follows:

Rule 1920.51. Hearing by Court. Appointment of Master. Preliminary Conference. Security for Payment of Master's Fees and Costs. Allocation.

 (a) Upon motion filed by either party, when there are no claims other than for divorce or when leave to bifurcate has been granted, the Court will conduct a hearing to determine if grounds for divorce exist under 23 Pa.C.S. § 3301(e)(1)(ii).

 (b) In all divorce or annulment actions where there are unresolved issues properly referable to a master under applicable statutes or rules of court, a party may move for the appointment of a master. The form of the motion shall be as prescribed by Pa.R.C.P. No. 1920.51(a)(3). The moving party shall pay a sum of money to the Prothonotary at the time the motion is filed, which sum shall be determined from time to time by order of Court, as security for payment of master's fees and costs.

 (c) The master shall schedule a preliminary conference immediately after the order of appointment has been entered. The preliminary conference shall occur within sixty (60) days of the date of appointment, and it shall be attended by the parties and their counsel. At the preliminary conference, those present shall explore the possibility of resolving the issues in dispute without further litigation. At least three (3) days in advance of the preliminary conference, the parties shall exchange memoranda expressing their perceptions of and position on the issues, providing the master with a copy of the same. If a party fails to appear either personally or through counsel at a preliminary conference, the costs of the conference shall be assessed against such party in any ultimate equitable distribution award recommended by the master.

 (d) After payment to the Prothonotary of an additional sum of money as security for payment of the master's fees and costs, the master shall schedule an evidentiary hearing to receive evidence on all issues which were not resolved at the preliminary conference. The master shall schedule the evidentiary hearing only after a party has presented satisfactory proof to him that the additional security for costs have been paid. The amount of the additional security shall be determined from time to time by order of Court.

 (e) The Court may, upon motion of the master presented at Motions Court, require a party to enter security for the master's fees and costs in addition to that required under subsections (a) and (c) of this rule.

 (f) The master's fees and costs shall be regarded as costs of the case, and the master may recommend and the Court may order an equitable allocation of the same as part of the final adjudication and order, even if the security already paid is sufficient to pay them in full.

 (g) The provisions of this rule shall apply to instances where the Court appoints a master pursuant to its own motion.

 (h) The master's fee and costs incurred as a result of the scheduling or conducting of a preliminary conference or a hearing shall be paid by the Prothonotary upon approval of the court.

Comment

 See L.R.C.P No. 1920.31 for the procedure to be followed in claims for alimony pendente lite asserted in a divorce proceeding.

 3. The comment to Local Rule of Civil Procedure 1915.3 is hereby deleted.

 4. This Order shall become effective thirty (30) days after its publication in the Pennsylvania Bulletin.

By the Court

KENNETH G. VALASEK, 
President Judge

[Pa.B. Doc. No. 11-2102. Filed for public inspection December 9, 2011, 9:00 a.m.]


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