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PA Bulletin, Doc. No. 96-721

THE COURTS

YORK COUNTY

Rescission and Promulgation of Certain Rules of the Court of Common Pleas; No. 96 M. I. 00194

[26 Pa.B. 2098]

Administrative Order

   And Now, To Wit, This 18th day of April, 1996, it is ordered that the following Rules of this Court are Rescinded and Promulgated as follows:

   1.  Rule 1920.51(k) is hereby rescinded. Rule 1920.51(d) is hereby rescinded. Rule 1920.51(g) is hereby rescinded. Rule 1920.55(d) is rescinded.

   2.  The Rules that follow this Order are hereby promulgated as set forth in the text filed herewith.

   It Is Further Ordered that this Administrative Order shall be effective thirty (30) days after the publication in the Pennsylvania Bulletin and shall govern all matters thereafter commenced, and insofar as just and practical, all matters then pending.

   It Is Further Ordered that in accordance with Pa.R.C.P. 239, the District Court Administrator shall:

   (a)  File seven (7) certified copies hereto with the Administrative Office of the Pennsylvania Courts.

   (b)  Distribute two (2) certified copies hereof to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (c)  File one certified copy hereof with the Civil Procedures Rules Committee.

   (d)  Cause to be printed an adequate supply of the Rules hereby amended and promulgated for distribution to the Judges and the members of the Bar of this Court, and for sale at cost to any other interested parties, such printing to be done at the expense of the County of York, in accordance with the provisions of the act of July 9, 1976, P. L. 586, Sec. 2, 42 Pa.C.S. § 3722.

   (e)  Supervise the distribution hereof to all Judges and all members of the Bar of this Court.

By the Court

JOHN C. UHLER,   
President Judge

   I.  Rule 1920.51(k) shall be amended to read as follows:

   In each proceeding before a Master, including the Prehearing Conference, each party is entitled to one (1) continuance as a matter of right. Continuances must be requested at least thirty (30) days before the scheduled date of the proceeding. The Master may grant continuances for cause at any time.

   II.  Rule 1920.51(d) shall be amended to read as follows:

   The filing of Income and Expense Statements and/or Inventory and Appraisements shall be governed by the following schedule:

   1.  Before a party files a motion for the appointment of a Master to hear the issues of alimony, alimony pendente lite, counsel fees, costs and expenses, or equitable distribution, the party must file those documents required by Pa.R.C.P. 1920.31 and 1920.33, as appropriate.

   2.  The adverse party must file the documents required by those sections within twenty (20) days after receipt of the motion appointing a master.

   3.  No party shall be required to file documents pursuant to this Rule sooner than the time frames allowed by Pa.R.C.P. 1920.31(a)(1) and 1921.33(a).

   4.  Parties failing to comply with subdivision 2 of this Rule shall be subject to sanctions upon motion by the moving party presented to the Court. Any party who fails to comply with the filing requirements of this Rule may be subject to sanction upon motion to the Court.

   III.  Rule 1920.51(g) shall be amended to add the following subsections:

   4.  During the conference, the Master shall determine what discovery shall be provided by the parties and shall include a description of this discovery in a prehearing statement which shall be provided to the parties shortly after the conference. In addition to other matters contained within it, the prehearing statement shall set a date by which all of the discovery shall be produced.

   5.  If either party fails to comply with the discovery deadlines established in the prehearing statement, the adverse party shall be entitled to a continuance of the hearing upon request.

   6.  Adverse party may also request that sanctions be imposed by the Master. The Master, in his or her discretion and without prior Court approval, may apply any of the sanctions set out in Pa.R.C.P. 4019(c)(1), (2), (3), or (5).

   IV.  Rule 1920.55(d) shall be amended to read as follows:

   In the event no transcript has been filed by the Master at the time a party files exceptions, the party filing exceptions shall request in writing that a transcript be prepared and filed. This request must be made within ten (10) days after receipt of notice from the Master's office that the transcript has been filed. The opposing party shall file its brief fifteen (15) days after the service of the brief in support of exceptions.

[Pa.B. Doc. No. 96-721. Filed for public inspection May 3, 1996, 9:00 a.m.]


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