[44 Pa.B. 2620]
[Saturday, May 3, 2014]
[Continued from previous Web Page]
ACTION OF DIVORCE OR ANNULMENT OR MARRIAGE Rule 1920.16.A. Severance of Actions and Claims. Bifurcation.
(a) Upon [motion] petition of either [party] party/orupon consent of the parties and after [hearing] a record proceeding the Master may recommend bifurcation of the divorce proceedings and issuance of a divorce decree, prior to a determination of other matters raised, by written report in accordance with Pa.R.C.P. 1920.53. The court shall permit bifurcation for good cause shown. In such event, this decree shall be indexed in the judgment docket to give notice of the divorced spouse's equitable interest in the property of the other.
(b) The decree of divorce in such circumstances shall be substantially in the form as prescribed by Pa.R.C.P. 1920.76.
(c) A copy of the Petition for Bifurcation shall be served upon the appointed Master.
(d)(1) Requests for Interim Distribution where equitable distribution has been raised by the pleadings and grounds have been met shall be referred to the appointed Master for disposition.
(2) Claims for Interim Distribution shall be raised by the filing of a verified petition with a rule returnable. No hearing will be assigned at the time of filing.
(3) In those cases where a master has not been appointed, the moving party shall motion for the appointment of an equitable distribution master and pay the appropriate fee.
(4) The assigned master shall schedule a preliminary conference and ultimately a hearing, if necessary. At the conclusion of the hearing, a report shall issue.
(5) Objections to a recommendation for Interim Distribution shall be made by the filing of exceptions.
Comment: Grounds for divorce pursuant to 23 Pa.C.S. § 3301 shall have been met prior to the hearing on the petition raising the request for Interim Distribution.
Exceptions to the recommendation for Interim Distribution are deemed to be interlocutory. Oral argument, as necessary, will be scheduled when the final report and recommendation is filed.
Rule 1920.31.A. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses. Registration of Alimony. Registration of Foreign Decrees.
(a)(1) [A party in whose favor the court has entered an order for alimony may] Any party to an alimony order/award may register the order/award upon payment of the required fee to the domestic relations office [a fee of one hundred ($100.00) dollars, register the order]. Upon registration, and notice to the opposing side, the [order] order/award shall be enforced in the same manner as other support orders.
(2) All orders for alimony [shall] may be subject to [automatic] wage attachment consistent with Pa.R.C.P. 1910.21.
(b)(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following:
(i) identification of parties and their respective residences;
(ii) a certified copy of the decree and any subsequent modifications; and
(iii) a reference to laws of the issuing state which impact on enforcement of such decree.
(2) Upon filing of the petition, the Family Court Administrator is authorized to issue, per curiam, a Rule to Show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days. Each rule shall notify respondents that well pled facts of the petition will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.
(3) The [petitions] petition shall be served in the same manner as in original process for divorce.
(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.C.P. 1029 shall apply.
(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.
(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.
(7) When an answer has been timely filed and any issue(s) raised in the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.C.P. 206.7 any party may file a praecipe for determination in the form [described in] prescribed by C.C.R.C.P. [206.2] 206.6, with a supporting brief. Responsive briefs shall be filed with fifteen (15) days of the filing of the praecipe for determination.
(8) A decree granting registration and adoption of a foreign decree with respect to alimony or alimony pendente lite may be registered with the Domestic Relations Office in the same manner as provided in C.C.R.C.P. 1920.31.A.
Comment: All requests for registration of an alimony or alimony pendente lite order/award must comply with C.C.R.C.P. 1910.17.A.(e).
Rule 1920.32.A. Joinder of Related Claims. Custody. Hearing by Court. Joinder of Custody Claim.
If a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary and it shall receive a [court] docket number separate from the divorce action. Such filing shall contain the information required by Pa.R.C.P. 1915.3(a), 1915.15(a) and C.C.R.C.P. 1915.3.A. An additional filing fee may be required for this duplicate complaint. A copy of the duplicate, with the separate court number, shall be served on the defendant.
Rule 1920.42.A. Affidavit and Decree Under § 3301(c) or § 3301(d)(1) of the Divorce Code. Notice of Intention to Request Entry of Divorce Decree in § 3301(c) and § 3301(d)(1)(i) Divorces. Counter-Affidavit. Praecipe to Transmit Record. Incorporation of Agreement in Divorce Decree.
(a) Withdrawal of Claims—Prior to the filing of the praecipe to transmit the record, any ancillary claim that has not been resolved by an agreement to be incorporated into the decree shall be withdrawn by praecipe of the party who raised the claim. All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party and the Master, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing. The notice of intention to file the withdrawal of ancillary claims may be waived. Waivers shall be in writing and signed by counsel of record, or the parties and filed of record.
Note: The required notice of intention to file a praecipe to withdraw ancillary claims may be given at the same time as the notice of intention to file a praecipe to transmit the record. The praecipe to withdraw ancillary claims may then be filed immediately prior to the filing of the praecipe to transmit the record.
(b) In those cases where a Master has been appointed, at the time of filing the Notice of Intention to file the Praecipe to Transmit the Record or the Waiver of Notice of Intent with the Prothonotary, the filing party shall notify the Master, in writing, that the action has been settled and file a certification of said notice with the Prothonotary.
(c) Within eight (8) days of the Master's receipt of a notice of intention to file a praecipe to transmit record, the master shall return the court file to the Prothonotary of Chester County.
(d) If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should incorporation be included in the agreement, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the terms providing for incorporation may be found.
Rule 1920.43.A. Special Relief.
(a) All petitions for special relief shall be in the form prescribed by C.C.R.C.P. [206.1.A.(1)(a)] 206.2 and 1930.1.A.(6).
(b) A rule to show cause assigned a return date not sooner than twenty (20) days after the date of filing shall be issued per curiam when presented to the deputy court administrator, family court.
(c) Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which stays proceedings or which by its terms grants substantive relief, shall present the petition, proposed order and rule to the signing judge of the Family Court. The court will not enter a stay or grant more immediate relief ex parte unless:
(1) Notice—It appears from the petition or motion that reasonable notice, under the circumstances, of the date, time and place of the presentation of the petition has been given to all counsel and unrepresented parties;
(2) Stipulation—It [appeals] appears from the petition or motion that there is an agreement by all counsel and unrepresented parties; or
(3) Exigency—The court in its discretion shall determine that there are extraordinary circumstances justifying a stay or more immediate relief.
(d) Immediately after filing documents with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties complete copies of such documents. Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3
Rule 1920.46.A. Military Service.
(a) If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary [two] four hundred [($200.00)] ($400.00) dollars to cover the attorney's fees.
(b) The attorney appointed to represent the defendant shall promptly perform the following duties:
(1) The attorney shall make diligent inquiry to ascertain the whereabouts of the defendant.
(2) If the attorney ascertains that the defendant is in the military service, the attorney shall inform the defendant of the action pending and ascertain whether the defendant wishes to appear and be heard, shall attend all hearings before the Master, and shall take any action proper to protect the interests of the defendant.
(3) If the defendant is in the military services and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. In such event all proceedings shall be stayed until further order of the court.
(4) If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. The attorney shall attend all hearings before the Master and take any action proper to protect the interest of the defendant.
(5) Within ten (10) days after the hearings before the master have closed, the attorney shall file with the Master a final report stating whether or not the defendant's whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service. The final report shall be attached to and made a part of the report of the Master.
(6) Upon the filing of an interim report resulting in the staying of all proceedings until further order of the court, or upon the filing of a final report, the attorney shall be entitled to receive the [two] four hundred [($200)] ($400.00) dollars previously filed with the Prothonotary.
Rule 1920.51.A. Hearing by the Court. Appointment of Master. Interim Distribution. Notice of Hearing. Applicable Masters' Fees.
(a) In actions where ancillary claims have been raised and are at issue, or a petition for Interim Distribution has been filed, on the motion of either party, a Master shall be appointed by the court to hear testimony and prepare a report and recommendation.
(b) Motion for Appointment of a Master—A motion for the appointment of a Master may be filed at any time after the filing of a complaint in divorce and shall state specifically what claims are at issue, what claims have been settled by agreement and whether any such agreement is to be entered as a court order. The moving party must be in compliance with Pa.R.C.P. 1920.31 and 1920.33. The motion shall include a certification that the completed inventory has been filed and served on the other party. The motion and order shall be in the form prescribed by Pa.R.C.P. 1920.74(a), (b).
(1) Certification of Service—The movant shall file, along with the motion for appointment of Master, as certification that opposing counsel or any unrepresented party has been served with a copy of the motion and all other documents required pursuant to subsection (b) hereof.
(2) The motion for the appointment of a Master shall aver whether any acting Master is disqualified from acting as a Master in the action and the basis for disqualification.
(c) Objections to the Motion for the Appointment of Master shall be filed within ten (10) days of the filing of the motion and shall be in accordance with C.C.R.C.P. [201.1.C.] 206.2 and 206.6 except that no brief shall be required.
(d) Cover Sheet—Any motion for appointment of a Master shall be filed in the office of the Prothonotary and shall be accompanied by a cover sheet, available at the office of the Prothonotary.
(e) Appointment of Master—Upon filing of the motion for the appointment of a Master, in the form prescribed by Pa.R.C.P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Masters' Unit for the scheduling of a preliminary conference. When a party files a motion for the appointment of a Master, the moving party shall pay the Prothonotary the applicable fee pursuant to this Rule. No Master shall be appointed without such payment.
(f) Applicable Fee—The party filing for the appointment of a Master shall specify on the cover sheet the matters sought to be heard by the Master, which shall determine the applicable fee. In addition to posting the requisite fee, the moving party shall pay [eight dollars ($8)] ten dollars and thirty-five cents ($10.35) for filing fee with the Prothonotary.[i]
(1) The fee for the appointment of a Master to hear only marital dissolutions issues shall be $130.00.
(2) The fee for the appointment of a Master to hear interim issues of alimony pendente lite, counsel fees/and or litigation expenses shall be $100. The party moving for the appointment of a Master to hear a claim for alimony pendente lite shall file a time-stamped copy of the motion filed with the Prothonotary pursuant to subsection (1) hereof and a copy of the receipt or payment of the requisite fee, in the Domestic Relations Office of Chester County. The Domestic Relations Office shall then schedule a conference in accordance with Pa.R.C.P. 1910.12 and C.C.R.C.P. 1910.12.A.
(3) Whenever a party moves for the appointment of a Master to hear equitable distribution of marital property, whether or not there are other claims to be heard by the Master, the moving party shall deposit $500 for the Master's fee plus [eight dollars ($8)] ten dollars and thirty-five cents ($10.35) for filing with the Prothonotary.
(g) The above fees are non-refundable.
Comment: All fees are subject to change consistent with the Prothonotary's published fee schedule which may be found at www.chesco.org.
[i The filing fee with the Prothonotary is subject to change.]
Rule 1920.53.A. Hearing by Master. Master's Report.
(a) Master's Duty to Determine Jurisdiction—The Master shall examine the formal sufficiency and regularity of the proceedings and the question of jurisdiction on the face of the pleading. If defective, but curable by amendment, the Master shall notify counsel and suspend further action until the necessary amendment is made. When the Master is satisfied of the formal sufficiency and regularity of the proceeding and the existence of jurisdiction, the hearing shall proceed as follows:
(b) Divorce and Annulment Cases—(Not Involving Equitable Distribution.)
(1) Counsel or any unrepresented party shall be provided with written notice of the hearing at least ten (10) days prior thereto.
(2) The Plaintiff shall, prior to the hearing, submit to the master a written ''Plaintiff's Record of Testimony'' bearing the case caption, and consisting of the following:
(i) The Plaintiff's testimony, in question and answer form, signed and verified by the Plaintiff,
(ii) Any exhibits specifically identified in the Plaintiff's evidence, and
(iii) The testimony of each of the Plaintiff's witnesses, in question-and-answer form, signed and verified by the witnesses.
(c)(1) The Master's hearing in uncontested cases shall be conducted as follows:
(i) At the time hearing, the Plaintiff and all witnesses whose Record of Testimony has been prepared in advance shall be present and shall affirm their prerecorded evidence, under oath or affirmation, in the Master's presence.
(ii) The Master may examine the Plaintiff and the witnesses regarding the prerecorded evidence to evaluate their credibility, and may interrogate them as to any relevant matter whether or not included in the prepared record of testimony.
(iii) The Master, upon being satisfied that the Plaintiff's record of testimony is credible, shall accept it and include it in the Master's report in lieu of findings on the merits, provided however, that in the report the Master certifies that:
(a) At the hearing and in the Master's presence the Plaintiff and witnesses offering prerecorded testimony were placed under oath and were examined and that they, by credible evidence, substantiated the facts set forth in the Plaintiff's record of testimony, and
(b) No witness who was sworn or affirmed presented testimony or evidence contrary to the facts set forth in such record testimony.
(c) A report and recommendation of the Master shall issue at some time after hearing.
(d) The Master's hearing, in contested divorce and annulment cases, shall be conducted as follows:
(1) The parties shall appear and present evidence, with a Court Reporter present.
(2) The Master may inquire of the parties under oath.
Rule 1920.54.A. Hearing by Master. Report. Related Claims.
(a) Preliminary Conference—
(1) A Master shall hold a preliminary conference within thirty (30) days after being appointed to determine the scope of the ancillary issues raised. No stenographic record shall be made of this conference unless requested by a party, and approved by the Master, in which case that party shall engage and bear the cost of the stenographer.
(2) A Master may recommend to the court the entry of orders for alimony pendente lite, child support, counsel fees, expenses or costs following the preliminary conference.
(b) Discovery—
(1) Counsel may prepare and submit to the assigned Master and opposing counsel a list of requested discovery at the preliminary conference.
(2) A Master may recommend to the court the entry of orders for discovery, including but not limited to, the filing of an inventory, an income and expense statement and affidavit of vital statistics. Said discovery orders may include discovery deadlines upon the request of either party or at the direction of the Master.
(3) In any divorce matter in which a Master has been appointed, all discovery motions, which do not involve a non-party, filed pursuant to Pa.R.C.P. 1930.5 and Pa.R.C.P. 4001 et seq. shall be heard by the Master.
(4) An argument, if requested by either party, shall be scheduled before the Master. At the conclusion of the argument or within a reasonable time, the Master may make a recommendation and advise the parties they have ten (10) days in which to request an argument before the Court. At the conclusion of the ten (10) days, if no objections have been filed, the recommendation shall become an order of the Court. In the event objections are filed, the matter shall be listed, in the normal course of business for argument before the Court. Argument shall be limited to the issues raised by the pleadings.
(5) All Objections shall be in writing and filed within ten (10) calendar days of the recommendation. A copy shall be served upon the Family Court Administrator who shall schedule the case for argument and promptly notify all counsel and unrep-resented parties in the case.
(c) Settlement Conference—The Master shall conduct a settlement conference at which both parties shall submit a statement, which:
(1) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children;
(2) Contains any updates on valuation of property at issue;
(3) Identifies any and all legal or factual disputes or issues; and
(4) Contains a proposed specific schedule of distribution of all property including the percent of distribution to each party.
(d) Certification of Trial Readiness—
(1) At the conclusion of the settlement conference, if all discovery has been completed, the deadline for discovery has passed, the case has not settled and divorce grounds have been established, the parties may file a Certification of Trial Readiness.
(2) A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Master and proof thereof, shall be filed with the Prothonotary. Any certificate that fails to include an estimated time of trial will be rejected by the Master and not placed on the Master's trial list.
(3) Upon receipt of the Certification of Trial Readiness by the Master, the matter shall be placed on the assigned Master's trial list in accordance with the filing date as indicated by the Prothonotary's time-stamp.
(4) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary.
Comment: The form certificate has been moved to C.C.R.C.P. 1920.74.A. to be consistent with Pa.R.C.P. 1920.71, et seq.
Note: This form of certification of trial readiness amends the prior form originally published in 1993.
(e) Hearing—
(1) The Master shall hold a formal record hearing for the determination of all matters at issue. Each party shall file a pre-trial statement in conformance with Pa.R.C.P. 1920.33(b) not less than 10 calendar days prior to the scheduled Master's hearing [not exceeding 3 pages setting forth:].
[(i) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;
(ii) a concise statement of the facts;
(iii) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
(iv) a list identifying the names and addresses of all witnesses each party intends to call at trial;
(v) copies of all exhibits to be offered at trial intended to be admitted during the party's case in chief;
(vi) identify and attach reports of all experts;
(vii) contain any updates on valuation of property at issue;
(viii) contain an updated, proposed specific schedule of distribution of all property including the percent of distribution to each party.
(ix) the pre-trial statement shall conform to Pa.R.C.P. 1920.33(b).]
(2) Failure to comply with the above rule may result in the imposition of sanctions recommended by the Master and will, in addition, permit the drawing of adverse inferences by the Master and the court.
(3) A copy of the pre-trial statement shall be served upon the Master and opposing counsel or any unrepresented party. Proof of service shall be filed with the Prothonotary.
(4) The time and place of hearing shall be designated by the court. Court reporters shall be made available to the Masters. Once a hearing begins, it shall proceed to its conclusion within the limits of the estimated trial time. Thereafter, scheduling shall be consistent with the schedule of the Master.
(5) The Master shall file a report in accordance with Pa.R.C.P. 1920.53, 1920.54 and 1920.55-2(a)(1), (2).
Comment: Exhibits not attached and intended to be used as rebuttal or on cross-examination are still subject to relevancy standards by the finder of fact.
Comment: See generally, Pa.R.C.P. 1920.33
Rule 1920.55-2-A. Master's Report. Notice. Exceptions. Final Decree.
(a) Dismissal—Exceptions shall be dismissed in any case in which the notes of testimony have not been ordered, and paid for if required, within thirty (30) days of the filing of the exceptions.
(b) Briefs—
(1) No less than three (3) weeks before the date set for oral argument, the excepting party or parties shall file a brief with the Prothonotary, shall serve copies of the brief upon all counsel, unrepresented parties and the judge assigned to hear the exceptions, and shall file a certification that service has been made.
(2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification or service in the manner prescribed in (1) above.
(3) In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
(c) Argument—If a non-excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, he will not be heard at oral argument except by permission of the court.
(d) A time-stamped copy of any exceptions filed shall be served upon the assigned Master.
Comment: These motions to dismiss may be made at any time prior to commencement of oral argument and are not subject to the requirements of C.C.R.C.P. [206.1(a)] 206.2.
Comment: In order to preserve the issue for review, Exceptions filed to a recommendation for Interim Distribution, Alimony Pendente Lite, Interim Counsel Fees and Date of Separation shall be filed within 20 days of the filing of the Report and Recommendation of the Master. However, oral argument shall be deferred until the filing of the Final Report and Recommendation of the Master.
Rule 1920.72.A. Form of Complaint. Affidavit. Affidavit Under § 3301(c) or 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree Under § 3301(c) and § 3301(d). Form of Continuance.
(a) All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1920.30.1.A.
(b) All requests for continuance shall be by original motion. No facsimile requests will be accepted.
Rule 1920.74.A. Form of Motion for Appointment of Master. Order. Form Certification of Trial Readiness—Divorce.
(a) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary. Upon the filing of the certificate, a copy shall be served upon the appointed Master.
(b) The certificate of trial readiness shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN DIVORCE
CERTIFICATION OF TRIAL READINESS—DIVORCE Please place the above-captioned case on the trial list of ______ , Esquire, Master and schedule it for a hearing. NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN. FAILURE TO BE READY AT THE TIME THE CASE IS CALLED MAY RESULT IN THE REASSIGNMENT OF THE CASE ON THE TRIAL LIST.
If after fifteen (15) days the adverse party fails to execute this certificate, the moving party may certify the matter as an active case.
Estimated trial time ______ .
I hereby certify that on ______ , I notified all interested parties.
______
______
Signature of Attorney
Signature of Attorney
for Plaintiff
for Defendant______
______
Type Name & Attorney
Type Name & Attorney
I.D. No.
I.D. No.______
______
Address of Attorney
Address of Attorney______
______
Telephone # of Attorney
Telephone # of Attorney
Unrepresented party (signature), name and address typedTO BE FILED WITH THE PROTHONOTARY.
(This form is printed on blue paper). [Comment: C.C.R.C.P. 1920.76.A. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.42.A.(d).]
Rule 1930.1.A. Form of Pleadings. Form of Caption. Form of Continuance Request and Order. Form of Rule Returnable.
(a) The form of request for continuance, of matters listed before a Judge, as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : FAMILY COURT
Motion for Continuance I, _________________ , Attorney for Plaintiff/Defendant move for continuance of ______ scheduled for ______ in Courtroom No. ____ for the following reasons:
_________________
Counsel/Plaintiff/DefendantThe opposing party has been notified and AGREES/DISAGREES.
(circle)
ORDER AND NOW, this ______ day of ______ , 200__ , based upon the foregoing Motion, the continuance is GRANTED/DENIED.
The above matter is hereby rescheduled to the ____ day of ______ , 200__ in Courtroom NO. ____ at _____ __.m.
BY THE COURT:
_________________ J.(b) [The form of Rule to Show Cause as required by Pa.R.C.P. 206.6, in Family Matters shall be sub-stantially in the following form:] The form of request for continuance, of matters listed before a Custody Conciliator, Support Hearing Officer or Master in Divorce, required by C.C.R.CP. 1920.72.(A)(a) shall be substantially in the following form:
(1)
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : (DIVORCE) (CUSTODY) (SUPPORT)
MOTION FOR CONTINUANCE I, ______ , Esquire, attorney for Plaintiff/Defendant (or pro se Plaintiff or Defendant), move for a continuance of the ______ (specify type of hearing or conference) scheduled for ______ , 20__ , at _____ a.m./p.m. before Master ______ for the following reason(s):
1.
2.
I certify that I served the opposing party/counsel, ______ (name), on ______ (date) by ______ (mail/fax/email) with a copy of this motion and attempted to resolve the issue with opposing party/counsel before filing this motion. The opposing party/counsel AGREES/DISAGREES (circle one) to the relief sought in the motion and REQUESTS/DOES NOT REQUEST (circle one) a conference call with the Master or Conciliator. I understand that the agreement of the counsel/parties does not mean the continuance will necessarily be granted. The opposing party/counsel shall submit any relevant information opposing the request to the Master/Conciliator in writing within twenty-four (24) hours of service of the motion.
_________________
Attorney for Plaintiff/Defendant; Pro Se
Telephone # _________________
DISPOSITION OF CONTINUANCE REQUEST The continuance is:
____ GRANTED; New date: ______
____ DENIED.Date: ______
_________________
Master/Conciliator(2) Motions for continuance/objections may be faxed. Faxes shall be directed to the appropriate department for consideration.
[(b)] (c) The form of Rule to Show Cause as required by Pa.R.C.P. 206.6, in Family Matters shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN CUSTODY
RULE AND NOW, this _____ day of ______ , 20______ , upon consideration of with Petition for ______ , a Rule is issued upon the Respondent, ______ , to show cause, if any he may have, why the prayer of the Petition should not be granted.
Rule Returnable the ______ day of ______ , 20______ , with hearing the ____ day of ______ , 20__ at ____ a.m. in Courtroom No. ____ , Chester County Courthouse, West Chester, PA.
The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.
BY THE COURT:
______Rule 1910.1.A. Definitions.
As used in this chapter, unless the context of a rule indicates otherwise, the following term shall have the following meaning:
''private pay order''—An order for support payable directly to the obligee and not made payable through the Pennsylvania State Collection and Disbursement Unit (PA SCDU).
Rule 1910.4.A. Commencement of Action. Entry of Appearance.
(a) Any attorney who appears on behalf of a client at any stage of the proceedings shall be deemed to have entered his or her appearance. The attorney shall be required to continue such representation until a final order is entered that resolves all outstanding issues in that case. Any attorney who wishes to withdraw his or her appearance after entry of a final order shall file a Praecipe to Withdraw as Counsel as well as a Praecipe for Entry of Appearance by the new attorney. If the new attorney is to be Staff Counsel employed by Domestic Relations, Staff Counsel must sign the Praecipe for Entry of Appearance.
(b) This rule shall not preclude any attorney from filing, at any stage of the proceedings, a Petition to Withdraw as Counsel pursuant to Pa.R.C.P. 1012.
Rule 1910.5.A. Complaint.
All complaints shall be accompanied by a completed Domestic Relations Office Standard Intake Form.
Comment: This form is available on the Domestic Relations Office's website @ www.chesco.org/domestic.html.
Rule 1910.7.A. Question of Jurisdiction or Venue.
All Preliminary Objections to jurisdiction or venue; in support, shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing dates.
Rule 1910.10.A. Alternative Hearing Procedures.
(a) This court chooses to use the procedures set forth in Pa.R.C.P 1910.12, except for those cases in which a motion for a separate listing pursuant to Pa.R.C.P 1910.12(c)(1) has been granted. Cases separately listed pursuant to [Pa.R.C.P. 1910.12(c)(1)] C.C.R.C.P. 1910.12A(i) shall be scheduled for hearing before the Court pursuant to PaR.C.P. 1910.11.
Editor's note: Notice to the Bar. Effective December 1, 1996 protracted support matters are to be listed before the Court pursuant to Pa.R.C.P 1910.12(c) and C.C.R.C.P. 1910.10.A, as amended. All matters involving complex issues of law or fact or any case requiring more than two hours for hearing shall be placed on the long-day list. Cases inappropriately placed on either the Hearing Officer's regular support list or the Court's long-day list will be rescheduled, in the normal course of business, on the proper list. Any request for continuance or settlements of matters properly scheduled on the long-day list shall be in writing and submitted no less than 72 hours prior to the scheduled date. Failure to do so within the appropriate time frame will necessitate an appearance of all parties at the hearing.
Comment: For the form of Motion for Separate Listing and information on the conduct of long day hearings, see C.C.R.C.P. 1910.12.A(i), et seq.
1910.11.A. Office Conference. Subsequent Proceedings. Order.
(a) If entitlement is challenged at the Office Conference, a Temporary Order of Support shall issue if the parties are subject to a pending Chester County Divorce proceeding in which a claim for Equitable Distribution has been raised.
Comment: The requirement that a Chester County Divorce proceeding be pending is to permit an adjustment from equitable distribution proceeds should it be determined the bar to entitlement claim is meritorious.
Rule 1910.12.A. Office Conference. Hearing. Record. Exceptions. Order. Interpreter.
(a) Whenever possible, all matters dealing with the same parties shall be scheduled for office conference/hearing at the same time.
(b) Continuances of office conferences and matters before Hearing Officers may be granted by agreement of all counsel or counsel and unrepresented parties. All other continuances shall be governed by Pa.R.C.P. 216 and C.C.R.C.P 216.1.
(c)(1) Should a petitioner fail to appear at the office conference or hearing, as scheduled, the petition may be dismissed.
(2) Should a respondent fail to appear at the office conference or hearing, as scheduled, an order may be entered in his/her absence or a bench warrant for his/her appearance may issue.
(d) Recommendations on the matters set forth in Pa.R.C.P 1910.11(d) and 1910.19 shall be made initially by the conference officer.
(e) At the domestic relations office conference the plaintiff may request the entry of a temporary order in all cases in which there has been filed:
(1) A complaint for the support of minor children;
(2) A complaint for the support of spouse and entitlement is not challenged;
(3) A petition for alimony pendente lite; or
(4) A complaint for the support of spouse and minor children and entitlement is not challenged as to spouse. If entitlement is challenged, a temporary order may be requested for the minor children and a spouse who is a party to a Chester County divorce proceeding pursuant to C.C.R.C.P. 1910.11.A.
(f) When [a temporary] an interim order is requested at a domestic relations office conference, as above, the domestic relations office shall submit a recommendation to the court as to the amount of the requested order. The recommendation shall be based on the Pennsylvania Support Guidelines in accordance with Pa.R.C.P. 1910.16-2.
(g) If the dependent spouse is not employed, no earning capacity will be assigned to him/her for the purpose of entering the [temporary] interim order. The parties shall be informed by the domestic relations conference officer that earning capacity will be taken into consideration at the hearing before the Hearing Officer.
(h) When a complaint or petition is scheduled for hearing before a Domestic Relations Hearing Officer and the parties reach an agreement that resolves the outstanding issues prior to the scheduled hearing, the parties shall immediately notify the Domestic Relations Office in writing and within thirty (30) days after the date set for hearing:
(i) File a stipulation and order outlining the terms of their agreement, or
(ii) File a written statement detailing the current status of the case. Domestic Relations shall automatically review the case every thirty (30) days and submit a report to Family Court regarding any case which has not been resolved within sixty (60) days after the scheduled hearing date. The Court may, sua sponte, direct the parties to file a stipulation and order within a reasonable time or direct the Domestic Relations Office to schedule a new hearing date.
(2) If the parties fail to comply with the terms set forth in part (1) of this rule, the Court may, sua sponte, dismiss the outstanding complaint or petition without prejudice.
(i) Separate Listings
(1) The request for a long day listing shall be in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN SUPPORT
MOTION FOR A SEPARATE LISTING AND NOW, this ____ day of ______ , 20______ , Plaintiff/Defendant moves the Court for a separate listing and in support thereof avers the following:
(1) The hearing will be protracted in nature and requires more than two (2) hours for hearing; or
(2) There are complex questions of law, fact or both.
(3) Issues for resolution: (state if case entails a determination of income or if incomes exceed the guidelines, whether or not it is a self-employment case, whether or not valuations are at issue)
(4) Estimated duration of hearing:
(5) Number of witnesses: (state whether or not witnesses are experts).
Respectfully submitted,
_________________
Counsel forcc: , Esquire—Attorney for ______
N.B. Failure to complete this form in its entirety will result in its rejection by the Family Court Administrator and the case will not be placed on the Long Day Hearing List.
(2)
(i) Requests for separate listings shall be filed no later than five (5) [business] calendar days prior to the scheduled hearing before the Support Hearing Officer.
(ii) Objections to requests for separate listings shall be filed within ten (10) calendar days of the filing of the request for separate listing.
Comment: Objections shall be brought pursuant to C.C.R.C.P. [206.1.(a)] 206.2, et seq.
(3) In all matters where a motion for a separate listing has been filed each party shall submit to the Court and opposing counsel at least five (5) calendar days before the scheduled hearing date a Pre-Trial Statement not exceeding 3 pages setting forth:
(i) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party;
(ii) a concise statement of the facts;
(iii) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
(iv) a list showing the names and addresses of all witnesses each party intends to call at trial;
(v) [copies] a schedule of all exhibits to be offered at trial intended to be admitted during your case in chief and a certification that copies of these exhibits have been provided to opposing counsel and any unrepresented party; and
(vi) a certification that opposing counsel and/or any unrepresented party have been served with any expert report to be presented at trial.
Any and all reports of any experts intended to be called and a form of proposed Order setting forth the requested disposition and supporting calculations shall be attached to the Pre-Trial statement.
(j) Exceptions
(1) Dismissal—Exceptions shall be dismissed in any case in which the notes or tape recording of testimony have not been ordered, and paid for it required, within five (5) days of the filing of exceptions.
(2) Briefs:
[(i) Within two (2) weeks of the filing of exceptions, the excepting party shall file a brief with the Domestic Relations Office, serve copies of the brief upon all counsel and unrepresented parties and shall file a Certification of Service.
(ii) Within four (4) weeks of the filing of exceptions, the responding party shall file a brief and Certification of Service in the manner prescribed above.
(iii) Upon the expiration of the time for the filing of all briefs and oral argument, if any, the exceptions shall be submitted to the assigned judge.]
(i) No less than three (3) weeks before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made.
(ii) No less than one (1) week before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed in (i) above.
(iii) In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
(3) A time-stamped copy of any exceptions filed shall be served upon the assigned Hearing Officer.
[(3)] (4) Oral Argument
(i) [Oral argument shall be scheduled unless both parties or counsel of record execute and return to the Domestic Relations Office a written waiver.
(ii) The form of waiver of oral argument shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN SUPPORT
WAIVER OF ORAL ARGUMENT ON EXCEPTIONS Oral argument on Plaintiff's/Defendant's exceptions to the findings and recommendations of the Hearing Officer in Support dated ______ , 20______ , has been scheduled before the Court on ______ , 20______ at______ __.m __ in Courtroom No. ____ .
NOTE:
IF BOTH PARTIES, OR THEIR COUNSEL, AGREE IN WRITING TO WAIVE ORAL ARGUMENT, THE EXCEPTIONS WILL BE SUBMITTED TO THE COURT FOR CONSIDERATION IMMEDIATELY UPON RECEIPT OF THE PARTIES' BRIEFS.
IF EITHER PARTY, OR HIS/HER COUNSEL, CHOOSES NOT TO WAIVE ORAL ARGUMENT, BOTH PARTIES MUST APPEAR AT THE DATE AND TIME LISTED ABOVE AND ON THE ATTACHED NOTICE.
IF YOU AGREE TO WAIVE ORAL ARGUMENT, SIGN BELOW AND RETURN THIS PAGE WITHIN THE NEXT SEVEN (7) CALENDAR DAYS TO:
Chester County Domestic Relations
Attention: Scheduling, Master Hearing Unit
117 West Gay Street
P.O. Box 2748 2746
West Chester, PA 19380-0991 0989I, _________________ , Plaintiff/Defendant or Counsel for Plaintiff/ Defendant (circle one) hereby waive oral argument on the exceptions filed to the findings and recommendations of the Hearing Officer in Support dated _____ ______ , 20______ . I understand that the exceptions will be submitted to the Judge for consideration immediately and that I will receive a written decision by U.S. Mail.
_________________
Plaintiff/Defendant or Counsel(iii)] Argument before the court shall be made only on the basis of the record made before the Hearing Officer. The parties may, by agreement, supplement the record by depositions or stipulations prior to argument, but no live testimony will be heard by the court, unless the court shall permit same for cause shown.
(k)(1)(a) Requests for interpreters in accordance with C.C.R.C.P. 233.3 shall be made no less than twenty-four (24) hours in advance of the proceeding when an interpreter will be needed.
(b) Requests for interpreters shall be made by contacting the Assistant Family Court Administrator providing the name of the parties, the date, time and place of the hearing and the type of interpreting services needed.
(2)(a) The party requesting the services of an interpreter shall be responsible for the cost of the interpreter if they fail to notify the Court no less than forty-eight (48) hours in advance of the conference/hearing if the case has been settled, continued or will not go forward for any reason. In the event both parties request the services of an interpreter, the costs will be split between the parties.
(b) Requests for cancellation of an interpreter services shall be in writing or other form of verifiable means. Costs will be paid by the County only in those circumstances where the interpreter is not cancelled after receiving a specific request.
Comment. Any [motions] motion to dismiss may be made at any time prior to commencement of oral argument [and is not subject to the requirements of C.C.R.C.R 206.1].
Rule 1910.13-1.A. Failure or Refusal to Appear Pursuant to Order of Court. Failure to Produce.
(a) If a party is properly served with a subpoena duces tecum for production of records and documents or a notice to attend and produce before a Hearing Officer and does not have good reason for failure to produce, such failure may be deemed disobedience of a court order, and will, in addition, permit the drawing of adverse inferences by the Hearing Officer and the court.
(b) If either party has failed to comply with the initial Order of Court requiring the production of certain documents and information at the Domestic Relations Office Conference, a per curiam order shall issue requiring that party to produce a copy of said documents and information to both the Domestic Relations Office and to counsel for the other party (or to an unrepresented party) within ten (10) days of the conclusion of the Domestic Relations Office Conference. Failure to comply with said per curiam order may result in the imposition of sanctions recommended by the Hearing Officer or court and will, in addition, permit the drawing of adverse inferences by the Hearing Officer and the court.
[Rescinded
Note: the provisions in this Rule are addressed in Pa.R.C.P. 1910.15.]
Rule 1910.17.A. Support Order. Private Pay Orders. Arrears. Property Settlement Agreements. Registration. Effective Date.
(a) All orders for Support shall be paid through the Domestic Relations Office. No orders providing for direct payment of moneys shall be accepted for filing at the Domestic Relations Office, except as follows:
(1) In those cases where a Chester County Divorce action is pending, private pay support orders may be filed with the Office of the Prothonotary under the Divorce Docket number.
(b) In no instance will a miscellaneous docket number be issued either by the Domestic Relations Office or the Office of the Prothonotary.
Comment: In lieu of utilizing private pay orders the parties may request no wage attachment issue on matters payable through PA SCDU.
(c) Requests for modification shall be brought under the Divorce Docket number and heard before the Court. The Court may in its discretion order the matter be registered at the Domestic Relations Office for the purposes of the instant modification hearing and subsequent payment.
(d) Every order filed under a Domestic Relations Office docket number and PACSES identification number shall include a provision for payment toward outstanding arrears of not less than 20% of the monthly support order. Domestic Relations shall not accept for filing any order that fails to include such a provision.
Comment: This provision applies to all support orders filed with the Domestic Relations Office. If there are no arrears due on a case, the arrears provision in the order will not be enforced via wage attachment or any other enforcement remedy. If arrears become due at a later date, the Domestic Relations Office will enforce the arrears provision via wage attachment and any other applicable enforcement remedy.
(e) The Domestic Relations Office shall enforce the support terms and provisions of any property settlement agreement effective the date such agreement is registered with that office.
(1) Any party seeking registration of an incorporated Property Settlement Agreement for enforcement purposes shall:
(i) pay to the Domestic Relations Office a fee of one hundred fifty dollars [($100.00)] ($150.00) for the registration of an alimony order. No fee shall be required to register an order for child support;
(ii) provide to the Domestic Relations Office a certified copy of the divorce decree including a complete, executed copy of the property settlement agreement; and
(iii) completed copies of the Domestic Relations Office information sheets.
Comment: For the time period prior to registration with the Domestic Relations Office, the parties may seek to enforce the provisions of a property settlement agreement by filing the appropriate petition with the Family Court.
[IFSA and UIFSA Comment: All Intrastate cases are governed by the provisions of Pa.R.C.P. 1910.2-1 and the Intrastate Family Support Act , 23 Pa. C.S. sec. 8103 et seq. All Interstate cases are governed by the provisions of Pa.R.C.P. 1910.2-1 and the Uniform Interstate Family Support Act, 23 Pa. C.S. sec. 7101, et seq.]
Rule 1910.19.A. Support Modification.
(a) Modification of Property Settlement Agreement. [In those cases in which a property settlement agreement was executed prior to February 12, 1988, or in which a property settlement agreement was executed after February 11, 1988, but not incorporated into a divorce decree, any] Any party seeking modification of any child support provision included in a property settlement agreement of such agreement [must] may petition the court for modification. Such petition must be filed with the Prothonotary's Office under the divorce caption and will be heard by a family court judge. In the event that a judge determines that the child support provision of the agreement is modifiable, the matter may be remanded to a Hearing Officer for consideration of the merits of the alleged grounds for modification.
[(b) Registration and Modification. In those cases which involve property settlement agreements signed after February 11, 1988 and which have been incorporated into a final divorce decree, the procedure for modification of a child support provision of the agreement shall be as follows:
(1) The party seeking modification shall register the executed property settlement agreement with the Domestic Relations Office.
(2) The party seeking modification shall file a petition to modify with the Domestic Relations Office. The registration of the property settlement agreement and the petition to modify may be filed simultaneously.
(3) The petition to modify will be handled in the same manner as a petition to modify an existing court order for child support.]
(b) The effective date of any modification shall be retroactive to the date of the filing of the modification petition unless otherwise directed by the Court.
Rule 1910.20.A. Credit Bureau Notice.
Notice shall be in the following form in all instances wherein any consumer credit bureau has requested information regarding arrearages:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN SUPPORT Pursuant to § 4303 of Act 1985-66, a Consumer Credit Bureau Organization has requested the amount of arrearages owed by you under your existing support order. Domestic Relations must provide this information to the Consumer Credit Bureau Organization on any arrearage in excess of $1,000.00
Our records show an arrearage of $ ______ on the above order.
You may contest the accuracy of this information by contacting the Domestic Relations Office at [117] 201 West [Gay] Market Street, West Chester, PA, (610) 344-6215 no later that ______ . If you fail to contact Domestic Relations by said date, the figure stated above will be reported to the Consumer Credit Bureau Organization.
Rule 1910.25-5.A. Civil Contempt. Order. Incarceration.
Any individual incarcerated pursuant to a bench warrant issued for failure to comply with an order of support shall be brought before the Court consistent with the procedures outlined in the Court of Common Pleas of Chester County, Pennsylvania Administrative Regulation No. 3—2004 and/or its successors.
[Pa.B. Doc. No. 14-913. Filed for public inspection May 2, 2014, 9:00 a.m.]
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