THE COURTS
Title 255—LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[47 Pa.B. 3081]
[Saturday, June 3, 2017]
Order And Now, this 15th day of May 2017, Dauphin County Local Rules 1920.43, 1920.51, 1920.51A, and 1920.74(a) are amended as follows:
Rule 1920.43. Pre-Hearing Divorce Matters, Special Relief, Advance Distribution, Discovery, Post-Divorce Issues (Other Than Exceptions To Master's Report).
(a) [Petitions for Special Relief and motions raising pre-trial and post-divorce issues other than Exceptions to Master's Report in divorce cases may at the court's discretion be assigned to the Divorce Master.] The Court may assign Petitions for Special Relief and Motions raising pre-trial and post-divorce issues to the Divorce Master.
(b) Any Pre-Hearing or Post-Divorce Petition or Motion in a divorce matter shall comply with Dauphin County Local Rule 205.2(a)(3)(b) [and shall include the following:].
(1) [A certification by the filing party that (s)he disclosed the full text of the Petition or Motion and the Proposed Order to all parties by facsimile or electronic communication and that concurrence to both the Petition or Motion and Proposed Order has been given or denied by each party in accordance with Dauphin County Local Rule 208.2(d).] The filing party shall certify that (s)he disclosed the full text of the Petition or Motion and Proposed Order to all parties by facsimile or electronic communication and whether each party concurs or opposes the Petition or Motion and Proposed Order in accordance with Dauphin County Local Rule 208.2(d).
(2) [If concurrence to both the Petition or Motion and the Proposed Order is denied by any party or any party has not responded in a timely manner, the Petition or Motion shall be deemed to be contested and the moving party shall attach:] If any party opposes the Petition or Motion and Proposed Order, or any party fails to respond in a timely manner, the Petition or Motion is contested and the moving party shall attach:
(a) A Rule to Show Cause in accordance with Pa.R.C.P. 206.5;
(b) A Proposed Order;
(c) A Certificate of Service;
(d) A Self-Represented Party Entry of Appearance if unrepresented by legal counsel.
(3) If all parties concur, the Petition or Motion [shall be deemed to be] is uncontested and the filing party shall attach the proposed agreed Order.
(c) If the Petition or Motion is [deemed to be] contested, [a Rule to Show Cause shall be issued by] a Family Court Judge shall issue a Rule to Show Cause.
[(1) When a response to the Rule to Show Cause is filed, the Court may direct the Divorce Master to address the issues in dispute. In that event, the moving party shall file an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the $75.00 administrative fee in accordance with Dauphin County Rule 1920.51.]
(d)(1) Either party shall file an original and one copy of the Request for Assignment form with the Prothonotary when a response to the Rule to Show Cause is filed or the time period for a response has expired. The Request for Assign- ment form shall be in the following form. This form is available at http://www.dauphincounty.org/government/Court-Departments/Self-Help-Center/default.aspx.
_________________ : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : v. : NO. _____ CV _____ : _________________ : CIVIL ACTION Defendant : IN DIVORCE (ATTORNEY FOR MOVING PARTY) (SELF-REPRESENTED MOVING PARTY):
Name: ___________________________
Address: ___________________________
Phone: ______ FAX: ______ E-Mail: ______
(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):
Name: ___________________________
Address: ___________________________
Phone: ______ FAX: ______ E-Mail: ______
REQUEST FOR ASSIGNMENT TO DIVORCE MASTER OR JUDGE Date Petition for Special Relief/Advance Distribution/Post-Divorce Relief was filed: __________
Date Rule to Show Cause was issued: ______
Date Response was filed: ______
[ ] The matter is ready for assignment to a Judge or Divorce Master.
_________________ _________________
Date Signature
(2) The Court Administrator's Office shall assign the Petition and Response to a Family Law Judge for review. The Family Law Judge shall either schedule a hearing, enter an Interim Order and refer the matter to the Divorce Master, or refer the matter to the Divorce Master to address the issues in dispute.
(3) If the Family Law Judge refers the matter to the Divorce Master, the moving party shall file an original and one copy of a Motion for Appointment of Master with the Prothonotary together with the $75.00 administrative fee in accordance with Dauphin County Local Rule 1920.51 plus any other filing fee required by the Prothonotary.
[(2)] (4) The Prothonotary shall promptly forward the Motion for Appointment of Master to the Court Administrator's Office. A Family Court Judge will appoint the Divorce Master to hear the [Pre-Hearing] pending matter.
[(3)] (5) The Divorce Master will schedule a [Pre-Hearing] Conference.
[(4) If an agreement is reached at the Pre-Hearing Conference, the] (6) The Divorce Master shall file a Memorandum memorializing the agreement reached at any Pre-Hearing Conference with the Prothonotary and shall forward the agreed Order to a Family Court Judge for review.
[(5) If an agreement is not reached at the Pre-Hearing Conference, the] (7) The Divorce Master shall schedule a hearing if an agreement is not reached at any Conference.
[(6) Following the hearing,] (8) The Divorce Master shall file [with the Prothonotary] a Report and Recommendation and Proposed Order [regarding the Pre-Hearing matter] with the Prothonotary within [ten (10) days] twenty (20) days in uncontested actions or thirty (30) days in contested actions from the date of the hearing[. A copy of ] and mail a copy of the Report and Recommendation and Proposed Order [shall be mailed] to all counsel and/or self-represented parties.
(9) A party may file exceptions to the Report and Recommendation and Proposed Order in accordance with Pa.R.C.P. 1920.55-2(b).
[(7) The] (10) If no exceptions are filed, the Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge to issue an Order.
[(8) Within ten (10) days from the date of the Court Order, for good cause shown, e.g. immediate irreparable harm or other extraordinary circumstances, a party may petition the Court to reconsider the Order.
(d) At any point after the Divorce Complaint has been filed, a party may request the appointment of the master to address discovery by filing an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the $75.00 administrative fee in accordance with Dauphin County Local Rule 1920.51.]
(11) If exceptions are filed, the Prothonotary shall promptly forward the Exceptions to the Court Administrator's Office for assignment to a Family Court Judge for disposition.
(e) A party may file an original and one copy of a Motion For Appointment of Master with the Prothonotary together with the administrative fee of $75.00 plus any other filing fee required by the Prothonotary to address discovery at any point after the filing of the Divorce Complaint.
1920.51. Equitable Distribution, Divorce, Annulment, Alimony Pendente Lite, Alimony, Counsel Fees, Costs and Expenses.
(1) The Divorce Master shall hear annulment, economic claims in Divorce including alimony pendente lite, alimony, equitable distribution, counsel fees, costs and expenses or any aspect thereof.
(2) Any party shall file [An] an original and a copy of the Motion for Appointment of Master [shall be filed] with the Prothonotary[, together with the administrative fee] if proceeding under Dauphin County Local Rule 1920.51. [If a Motion for Appointment of Master is filed under Dauphin County Local Rule 1920.43, an administrative fee of $75.00.] If a [motion for Appointment of Master is filed under Dauphin County Local Rule 1920.51 and the] Master was previously appointed because of pretrial or discovery matters, the administrative fee of $75.00 plus any filing fee required by the Prothonotary shall be paid to the Prothonotary. If a Master has not been previously appointed, an administrative fee of $150.00 plus any filing fee required by the Prothonotary shall be paid to the Prothonotary. The Motion for Appointment of Master shall be in form prescribed by Dauphin County Local Rule 1920.74(a).
(3) The Motion shall include the following attachments:
(a) An updated Income and Expense Statement in the form required by Pa.R.C.P. 1910.27(c)(1).
(b) An updated Inventory and Appraisement in the form required by Pa.R.C.P. 1920.75.
(c) A proposed Order appointing the Master and scheduling a Preliminary Conference in the form prescribed by Dauphin County Local Rule 1920.74(b).
(d) A Certificate of Service.
(e) A Self-Represented Entry of Appearance if the filing party is unrepresented by legal counsel.
(4) The Prothonotary shall forward the Motion for Appointment of Master to the Court Administrator's Office. [The Court Administrator's Office] A Family Court Judge shall appoint the Divorce Master and the Divorce Master shall schedule a Preliminary Conference [with the Divorce Master] with the parties and their legal counsel.
(5) At the Preliminary Conference, the Divorce Master shall address all outstanding pre-trial matters with counsel and the parties.
(6) Following the Preliminary Conference, the Divorce Master shall schedule a [Pre-Hearing] Settlement Conference with [counsel and] the parties and their legal counsel.
(7) Following both the Preliminary Conference and the [Pre-Hearing] Settlement Conference, the Divorce Master shall prepare a Memorandum memorializing any agreements and schedule the matter for a hearing on all remaining contested issues.
(8) The Divorce Master shall file the Memorandum with the Prothonotary and mail a copy of the Memorandum [and Scheduling Order] to all legal counsel and [any] self-represented parties in accordance with Pa.R.C.P. 1920.51.
(9) The Court shall pay a stenographer's appearance fee [for] if a court reporter not employed by Dauphin County transcribes the hearing testimony; however the cost of any transcripts requested by the parties [or the Divorce Master] shall be borne by the parties.
(10) The Divorce Master shall file [with the Prothonotary] a Report and Recommendation and Proposed Order with the Prothonotary in accordance with the Pennsylvania Rules of Civil Procedure.
(11) A copy of the Report and Recommendation and Proposed Order shall be mailed to [all] counsel and self-represented parties with written notice of the right to file Exceptions.
(12) If the parties request a transcript, the Divorce Master may delay the filing of the Report and Recommendation and Proposed Order or file a Supplemental Report and Recommendation and Proposed Order in accordance with the Pennsylvania Rules of Civil Procedure.
[(13) Upon Motion, the Court may for good cause shown, extend the time for the Divorce Master to file the Report and Recommendation and Proposed Order.]
[(14)] (13) If no timely Exceptions are filed, the Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that [judge] Judge.
[(15)] (14) An original and a copy of Exceptions to the Divorce Master's Report and Recommenda- tion shall be filed with the Prothonotary's Office along with a Prior Court Involvement Statement in accordance with Dauphin County Local Rule 1931. This form is available at http://www.dauphincounty.org/government/Court-Departments/Self-Help-Center/Pages/default.aspx.
[(16)] (15) The Prothonotary shall forward the Exceptions to the Report and Recommendation to the Court Administrator's Office for [an] assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
[(17)] (16) The Court shall promptly issue an Order scheduling a conference, the filing of briefs and/or oral argument.
1920.51A. Administrative [Filing] Fees for Divorce Matters.
[A Motion for Appointment of Master and a proposed order shall be in the form prescribed by Dauphin County Local Rule 1920.74(a) and (b) and shall be filed with the Prothonotary. Simultaneously with the filing of the Motion for Appointment of Master in accordance with Dauphin County Local Rule 1920.43, an administrative fee of $75.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master is filed under Dauphin County Local Rule 1920.51 and a Motion had previously been filed under Dauphin County Local Rule 1920.43, an additional administrative fee of $75.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master had not been previously filed, an administrative fee of $150.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master is filed for Post-Divorce issues, an administrative fee of $150.00 shall be paid to the Prothonotary if this is the first time that a request for a divorce master has been made. If a Divorce Master had been previously appointed, the administrative fee is $75.00.]
(1) [Upon the filing of the Complaint, the plaintiff shall pay to the Prothonotary, in addition to any other charges, an administrative fee in the amount of $125.00.] DIVORCE COMPLAINT: The plaintiff shall pay a $125.00 administrative fee plus any filing fees required by the Prothonotary at the time the divorce complaint is filed.
(2) MOTION FOR APPOINTMENT OF MASTER:
(a) The party filing the Motion for Appointment of Master shall pay a $75.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.43.
(b) The filing party shall pay a $150.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.51 and a Master has not been previously appointed.
(c) The filing party shall pay a $75.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.51 and a Master was previously appointed under Dauphin County Local Rule 1920.43.
1920.74(a). Form—Motion for Appointment of Master.
[(CAPTION) (ATTORNEY FOR MOVING PARTY) (SELF-REPRESENTED MOVING PARTY):
Name:
Address:
Phone:
FAX:
E-Mail:
(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):
Name:
Address:
Phone:
FAX:
E-Mail:
MOTION FOR APPOINTMENT OF MASTER _________________ , PLAINTIFF/DEFENDANT, moves the court to appoint the master with respect to all claims raised of record and in support of the motion states:
1. The plaintiff's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
2. The defendant's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
3. The respondent (has) (has not) appeared in the action (personally) (by his/her attorney , Esquire).
4. The statutory ground(s) for divorce (is) (are):
5. Discovery (is) (is not) complete.
Submitted By:
Date: _________________ _________________]
_________________ : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : v. : NO. _____ CV _____ : _________________ : CIVIL ACTION Defendant : IN DIVORCE (ATTORNEY FOR MOVING PARTY) (SELF-REPRESENTED MOVING PARTY):
Name: ___________________________
Address: ___________________________
Phone: ______ FAX: ______ E-Mail: ______
(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):
Name: ___________________________
Address: ___________________________
Phone: ______ FAX: ______ E-Mail: ______
MOTION FOR APPOINTMENT OF MASTER 1. Check one of the following boxes:
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.51. I request that all issues raised be decided by the Divorce Master. I paid the $150.00 administrative fee plus any filing fees required by the Prothonotary. The Divorce Master was not previously appointed for pre-trial or discovery matters.
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.51. I request that all remaining issues raised be decided by the Divorce Master. I paid the $75.00 administrative fee plus any filing fees required by the Prothonotary. The Divorce Master was previously appointed for pre-trial or discovery matters.
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.43 and request that discovery, special relief matters, or other pre-trial or post-divorce issues excluding Exceptions to Master's Report be decided by the Divorce Master. I paid the $75.00 administrative fee plus any filing fees required by the Prothonotary.
2. _________________ , (circle one) PLAINTIFF/DEFENDANT, moves the Court to appoint a Divorce Master.
3. The plaintiff's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________ .
4. The defendant's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________ .
5. The respondent (circle one) (has) (has not) appeared in the action (circle one) (personally) (by his/her attorney) _________________ , Esquire
6. The statutory ground(s) for divorce (is) (are):
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
7. Discovery (circle one) (is) (is not) complete.
8. I mailed a copy of this motion to all parties and/or their legal counsel at the addresses listed above on _________________ , 20____ .
Respectfully submitted:
_________________ _________________
Date SignatureThese amendments shall be effective thirty (30) days from date of publication.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 17-921. Filed for public inspection June 2, 2017, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
