[29 Pa.B. 1853]
[Continued from previous Web Page] Rule 1303*. Hearing. Notice.
(a)*(1) The Arbitration Administrator [shall fix the date, time and place of the hearing not less than thirty (30) days nor more than forty-five (45) days after the appointment of the Arbitrators and] shall notify the Arbitrators and the parties or their counsel, in writing, at least thirty (30) days before the hearing of the date, time and place of the hearing.
(b)*(1) The Arbitration Administrator shall have the power to grant continuances and all applications for continuance shall be submitted to him/her at least two working days prior to the date of the hearing.
*(c) If any member of the Board dies or becomes incapable of acting, or shall fail or refuse to perform his duties, after hearing but before a report shall be made, the case shall be decided and the report signed by the remaining members of the Board. If they cannot agree, they shall so notify the Arbitration Administrator, who shall then appoint a third member from the list of attorneys in the same manner as the original panel was selected to rehear and decide the case.
Rule 1306*. Award.
(a)(1) The Board of Arbitrators shall not consider the subject of damages for delay until after a decision has been reached on the merits and has been entered on the award form.
(2) After the amount of the award has been so entered, the Board shall make a determination as to damages for delay by accepting a sealed envelope containing a stipulation setting forth whether an offer was made in writing and if so, the amount as well as the date of the offer. If no such stipulation is submitted by counsel, the Board shall, following announcement of the award, consider evidence from counsel relating to damages for delay.
[Rule 1308*. Appeals. Preference on Trial List.]
[Rescinded]
[Rule 1481*(a)(1). Nonsupport Contempt Proceedings.]
[Rescinded]
Rule 1533*(i). Notice of Assignees and Receivers.
(i) Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment to every creditor and party in interest of whom they have knowledge and shall also publish notice thereof once a week for three successive weeks.
Rule 1534*. Accounts of Fiduciaries--Notice.
(a) At least three weeks before the presentation of the account of any trustee, committee, guardian, assignee for the benefit of creditors, receiver or other fiduciary, notice of the filing thereof and of the petition for distribution shall be served upon all parties interested (including creditors and shareholders) whose whereabouts are known and except in the case of triennial accounts of trustees, committees and guardians, shall also be published in the Montgomery County Law Reporter and a newspaper of general circulation once a week for three successive weeks, unless publication is waived by the Court.
(b) Said notice shall set forth that the account and petition for distribution have been filed in the Office of Prothonotary, and will be presented to the Court at a certain time for such action as the Court may deem expedient, and that the account may then be confirmed and distribution made of the fund, unless exceptions thereto be previously filed or cause shown to the contrary.
(c) Proof of service of said notices and of said publication shall be submitted at the audit.
(d) If no exceptions have been filed, the account may be confirmed absolutely upon such proof of service.
(e) Similar notice must be given of petitions for the reconveyance of assigned estates.
(f) The accountant shall file with the account a petition for distribution of the fund in form similar to that of petitions for distribution required by the Orphans' Court to be presented at the audit of accounts in that Court.
(g) The petition for distribution shall contain also (1) a list of the names of creditors or claimants against the fund for distribution whose claims are believed by the accountant to be just; (2) a list of claims that are to be contested; (3) a list of claims that appear to the accountant to be justly entitled to a preference or lien upon the fund; (4) a list of claims for preference or lien that are disputed. In all cases, the amount of the claim shall be stated.
(h) Schedule of Distribution. A proposed schedule of distribution may be attached to or filed with the account and after final confirmation, the Court may, on motion, decree distribution in conformance therewith. If no proposed schedule of distribution has been submitted with the account, or if a material change therein is proposed, no decree of distribution will be made by the Court until such notice has been given to the parties interested as the Court may order.
(i) Exceptions to Accounts of Schedule of Distribution. Exceptions to an account or schedule of distribution shall be placed on the argument list.
Rule 1568*(a). Public Sale, Notice.
(a) Except as otherwise provided by act of assembly or special order of Court, notice of the time and place of the sale of a property at public auction by a Master in partition shall be given by publication once a week for three successive weeks immediately preceding such sale in the legal periodical designated by Rule [*404] 430(b)(1)* and in one daily newspaper of general circulation, in each county where any part of the property lies, such publications to appear in all editions of such newspapers published on the days the same appears; by posting the property to be sold, and by the circulation of at least 50 handbills among those who may be known to be interested in buying the property and in the neighborhood in which it is situate. Whenever a property or properties so sold lie in different counties the first publication shall be made at least 60 days before the date of the sale.
Family Court Procedures [Rule *1851. Scope.]
[Rescinded]
[Rule *1852. Action for Support.]
[Rescinded]
[Rule *1853. Additional Family Court Matters.]
[Rescinded]
Rule *1854. Cover Sheet Required.
(a) Whenever any Family Court action or petition is filed with the Prothonotary [pursuant to Montgomery R.C.P. 1852 or Montgomery R.C.P. 1853], the attorney shall attach a cover sheet to the documents with the file numbers of all previous Family Court cases filed in Montgomery County involving the same parties.
(b) The cover sheet shall be substantially in the following form:
See Form [Rule *1855. Verification by Prothonotary. Transfer To Court Administrator.]
[Rescinded]
[Rule *1856. Order of Linkage . Transfer to Prothonotary.]
[Rescinded]
[Rule *1857. Notation of Linkage.]
[Rescinded]
[Rule *1858. Review of Files.]
[Rescinded]
[Rule *1859. Appeal.]
[Rescinded]
Actions For Support [Rule *1910.9(c). Discovery]
[Rescinded]
Rule 1910.11*. Support Conciliation.
In order to encourage and effect settlement of differences over support, especially where children are involved, and to promote the prompt entry of support orders by agreement prior to the process as prescribed by Rule 1910.11 by which this court conducts all support proceedings, and to facilitate such proceedings, the court hereby [rescinds Local Rule 1910.11*(f) and] adopts Local Rule 1910.11*. Support Conciliation. as follows:
(a) A support conciliation shall be conducted by a support conciliator employed by the Domestic Relations Section.
(b) If the defendant fails to appear at the support conciliation before the support conciliator as directed by the court, the support conciliation may proceed without the defendant.
(c) At the support conciliation, the parties shall furnish to the support conciliator true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their income and expense statements in the form required by Rule 1910.26(c), completed as set forth below.
(1) For cases which can be determined according to the guideline grids or formula, the income and expense statement need show only income and extraordinary expenses;
(2) For cases which are decided according to Melzer v. Witsberger, 480 A.2d 991 (1984), the entire income and expense statement must be completed.
(d) The support conciliator may make a recommendation to the parties of an amount of support which is calculated in accordance with the guidelines. If an agreement for support is reached at the support conciliation, the support conciliator shall prepare a written order substantially in the form set forth in Rule 1910.26(e) and in conformity with the agreement for signature by the parties and submission to the court together with the support conciliator's recommendation for approval or disapproval. The court may enter the order in accordance with the agreement without hearing the parties.
(e) At the conclusion of the support conciliation or promptly thereafter, the support conciliator shall prepare a support conciliation summary and furnish copies to both parties. The support conciliation summary shall state:
(1) the facts upon which the parties agree;
(2) the contentions of the parties with respect to facts upon which they disagree; and
(3) the support conciliator's recommendation, if any, of:
(i) the amount of support and by and for whom the support shall be paid, and
(ii) the effective date of any order.
(f) If an agreement for support is not reached at the support conciliation, the parties shall be given notice of the date, time and place of an office conference. The office conference shall be conducted by a Conference Officer in accordance with Rule 1910.11.
(g) If an agreement for support is not reached at the support conciliation:
(1) the party seeking support may, pursuant to Rule 1910.25, immediately apply to the court for a temporary support order, prior to the office conference, to be effective only until the entry of a subsequent agreed order or an interim order following the office conference pursuant to Rule 1910.11(f). The agreed order or the interim order shall supersede the temporary order; or
(2) a temporary support order may be entered by an agreement of the parties at the support conciliation, to be effective only until the entry of a subsequent agreed order or an interim order following the office conference pursuant to Rule 1910.11(f). The agreed order or the interim order shall supersede the agreed temporary order.
[Rule 1910.11*(f). Order After Office Conference.]
[Rule 1910.15*. Paternity.]
[Rescinded]
[Rule 1910.23*. Judgment for Arrearages. Execution.]
[Rescinded]
[Rule 1910.23-1(b)(2)*. Judgment for Arrearages. Execution.]
[Rescinded]
Actions For Custody Rule 1915.3*. Seminar for Separated and Divorced Parents.
(a) In an action custody, partial custody or visitation, if a case is not resolved by the custody conciliator and must therefore proceed to a hearing before a Judge, both parents shall attend an approved education seminar on the general responsibilities of separated and divorced parents.
(b) Seminars shall be conducted by seminar providers as approved by the President Judge. Seminars shall be conducted in the Montgomery County Courthouse or at such other location as approved by the President Judge. Each parent will be responsible to register for a seminar and for payment of the seminar costs; however, the costs may be waived by the Court for any party qualifying to proceed in forma pauperis.
(c) Seminar attendance may also be required upon motion of either party, by agreement of the parties, upon recommendation by the Custody Conciliator or upon the Court's own motion, in connection with any petition to modify custody, any petition for contempt of a custody order or any other matter relating to child custody or visitation.
(d) A Certificate of Attendance shall be filed by the seminar provider with the Prothonotary's Office reflecting that attendance was fulfilled by the parent.
(e) For good cause shown, the Court may waive the requirement of seminar attendance in a particular case.
(f) Upon a party's failure to attend a required seminar, the Court may impose sanctions, including but not limited to a finding of contempt. A hearing on a custody petition shall not be delayed by a party's refusal or delay in completing the seminar.
[Rule 1915.8*. Physical and Mental Examination of Persons.]
[Rescinded]
Rule 1915.8(e)*. Physical and Mental Examinations of Persons.
The court may assess and allocate the cost of the evaluation, the report, and the fee of the expert to appear in court to testify upon a party or parties, upon the county (in whole or in part) or as otherwise permitted by law.
Action for Divorce or for Annulment of Marriage [Rule *1920.3*(b). Child Support and Alimony Pendente Lite.]
[Rescinded]
Rule 1920.13*(d). Duplicate Filing With Domestic Relations Office.
The filing of any complaint, counterclaim or petition for child support, spousal support, or alimony pendente lite with the Prothonotary does not commence proceedings for such relief until a duplicate is filed with the Domestic Relations Office.
[Rule 1920.22*(c). Discovery.]
[Rescinded]
Rule 1920.33*(f). Initial Hearing Statement--Pre-Trial Statement--Sanctions.
(1) No later than 10 days prior to the date of the first hearing before the equitable distribution master [conciliator], an initial hearing statement shall be filed which shall include the following:
(a) A statement of all marital and non-marital assets with verification of values, indicating date of valuation used.
(b) Summary of all marital and non-marital liabilities indicating dates of valuation.
(c) Verification of any post-separation payment of marital debt.
(d) An expense statement in the form provided in subsection (4).
(e) Verification of current gross and net income in the following form:
See Form (f) The last two filed federal and state income tax returns.
(g) All present or past spousal support, alimony, pendente lite or child support orders between the parties and any presently existing alimony or child support order involving either party separately and verification of any arrearages.
(h) The date of the parties' separation.
(i) Verification of counsel fees costs and expenses, if claimed.
(2) No later than 20 days prior to the date of any subsequent hearing before the equitable distribution master [conciliator], each party shall file the pre-trial statement, in the form required by subdivision (b) of this rule [, or a otherwise by the Court].
(3) The failure of any party to comply with any provision or subsection of local Rule 1920.33(f) may subject that party to sanctions under Rule 4019(c) and the barring of Rule 1920.33(d).
[A conciliator in] The equitable distribution master shall have the authority to implement the provisions of this subsection or may request that the Court enter and appropriate order to implement the provisions of this subsection.
(4) Form
See Form [Rule 1920.42*(d). Service of Praecipe to Transmit Record.]
[Rescinded]
Rule 1920.51*(f). Dissolution of the Martial Status, Appointment of Master, Notice of Hearing.
(1) Appointment of Master. [The Court, upon motion, will appoint a Master to hear evidence in respect to the dissolution of the marital status under 23 Pa.C.S.§ 3301(a), (b), (c) and (d)(i)(ii).] Any Master appointed pursuant to Rule 1920.51(a)(2)(i) shall be an active member of the Montgomery Bar Association.
(2) Notice of Hearing. Notice of the first hearing before the Master shall be sent by the Master at least 10 days prior to said hearing.
(3) Notice of Filing Master's Report. Upon the filing of a report by the Master in divorce with the Prothonotary, the Master shall forthwith send written notice to the attorneys of record, and if a party is not represented by counsel, to that party and to the guardian ad litem of a minor or incompetent party except where service has been by publication, and shall immediately file a certificate that such notices have been duly sent. The notice shall state the time and place of filing said report and that, if exceptions are not filed within 10 days after the report is filed, the report will be presented to the Court for final action. In a contested action, the Master shall accompany the notice with a copy of the report and recommendation.
(4) Fees and Costs. In addition to the filing fee paid to the Prothonotary under the Prothonotary's fee bill at the institution of the action, an additional sum, as determined by the Prothonotary, shall be deposited with the Prothonotary [action in divorce] on behalf of the Master. [The fee of a Master hearing the divorce action shall be fixed by the Court. For additional hearings the Master shall be allowed such further compensation as the Court may from time to time order on application of any party or the Master.] Fees in excess of the sum deposited with the Prothonotary on behalf of the Master shall be billed directly to the parties, as determined by the Master. Disputes regarding Masters' fees shall be resolved by the Court.
(5) All divorce papers under seal. All records in divorce actions shall be placed under seal by the Prothonotary. Access shall be by order of the Court. With proper identification submitted to the Prothonotary, however, members of the Pennsylvania bar, the parties to the litigation and authorized governmental agencies (including the social security administration and the armed services) shall have access to the sealed file for inspection and duplication.
(6) Certification when unable to file affidavit as to military service. If the plaintiff is unable to file such affidavit in accordance with Pa.R.C.P. 1920.46(b), the plaintiff shall file certifications from the five branches of the armed services that the defendant is not a member.
(7) Appointment of counsel for defendant in military service. Whenever counsel is appointed by the Court for a defendant in the military service, the attorney shall file a brief report of his services with the record in the Prothonotary's Office and shall be paid for the services to be taxed as part of the costs.
[Rule 1920.52(d). Appointment of Conciliator in Equitable Distribution.]
Rule 1920.55-1*(c). Alternative Hearing Procedure for Matters Referred to a Master.
The court adopts the alternative procedure of Pa.R.C.P. 1920.55-3 with regard to all divorce proceedings which are referred to a Master for the resolution of economic claims.
[Rule 1920.55-3*(f). Appointment of Master in Equitable Distribution.]
[Rescinded]
[Rule 1920.56. Temporary Order.]
Rule 2039(a)*. Compromise, Settlement, Discontinuance and Distribution.
(1) No settlement of an action for a minor for personal injuries will be authorized or approved without the appearance of the minor in Court, medical evidence as to the extent of the minor's injuries, and such further information as the Court shall deem necessary; provided, however, that if the petition of the guardian for the compromise of the minor's action is accompanied by (a) a written report of the physician dated no more than 30 days before filing of the petition; (b) a statement under oath by the guardian certifying (i) the present physical or mental condition of the minor and (ii) approval of the proposed settlement and distribution thereof; (c) a statement by counsel of his or her professional opinion of the probabilities of proof of defendant's negligence by plaintiff and the minor's negligence, if any, by defendant; and (d) in the event that the minor is 16 years of age or over, [his or her] the minor's written approval of the proposed settlement and distribution thereof, then the Judge to whom such petition has been presented may approve the petition without requiring the appearance of the minor's doctor, in the event that the Judge concludes that the information contained in the petition is sufficient to satisfy [him] the Judge that the proposed settlement adequately compensates the minor and [his] the guardian for the injuries sustained and expenses incurred.
(2) In the event that the Judge determines that sufficient evidence has not been produced to justify the approval of the petition, the Judge may require additional information, including the personal appearance of the minor, [his or her] the guardian and [his or her] the doctor, or any of them, and [he] the Judge may require the production of any other evidence [he] the Judge deems to be necessary for the purpose of determining whether the proposed settlement adequately compensates the minor and [his or her] the guardian for the injuries sustained and the expenses incurred.
(3) When a compromise of a minor's action has been tentatively approved by a Pretrial Conference Judge, that Judge shall retain jurisdiction of the case for the purpose of judicially determining whether the proposed compromise should be approved or rejected. Counsel for the guardian of a minor shall thereupon present to that Judge a formal petition of the guardian for the compromise of the action in the form set forth in Rule 2039(a)*(1) above.
(4) If the claim for counsel fees exceeds twenty-five (25) percent of the compromise settlement, evidence shall be presented as to the nature and extent of the services rendered.
(5) When a compromise settlement is approved by the court, an Affidavit of Deposit of Minor's Funds shall be filed with the Prothonotary of Montgomery County within 30 days of the date of the order approving the settlement. The Affidavit shall be substantially in the following form:
See Form [Rule 2227(b)*. Compulsory Joinder, Form of Application.]
[Rescinded]
Rule 2232(a)*(1). Defective Joinder, Change of Parties, Notice.
(1) Notice of Pendency of Action. Notice required by this rule shall contain a statement of the pendency of the action, shall state the Prothonotary's number of the action, the parties thereto and its nature and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice or his cause of action will be barred and the action will proceed without [him] said person. Proof of service shall be by affidavit accompanied with a copy of the notice and the return receipt, filed with the Prothonotary.
Rule 2232(c)*(1). Intervenors in Zoning and Real Estate Assessment Appeals.
(1) In every appeal from a real estate assessment filed by the Board for the assessment and revision of taxes, the Board of Commissioners of Montgomery County, the governing body of the municipality and the Board of School Directors of the school district in which the real estate is situated, and the property owner, if [he] the property owner is not the appellant, may intervene as of course, by entering a written appearance. Prompt notice of such intervention shall be given to the appellant, appellee and affected municipal bodies.
[Rule 2252(b)*. Right to Join Additional Defendants, Complaints.]
[Rescinded]
Rule 2957*. Praecipe for Writ of Execution, Affidavit.
Plaintiff is required to provide the Prothonotary with an affidavit, which shall be forwarded to the Sheriff along with the Writ of Execution, stating whether the notice required by Rule 2958.1 has been served, and stating how, if needed, the additional notices shall be served.
Rule 2974*. Writ of Possession.
(a) Where a writ of possession is issued pursuant to a judgment of possession based upon a residential lease containing a warrant of attorney or cognovit provision, the writ shall have attached to the face thereof a notice substantially in the following form:
See Form (b) The writ and notice shall be served by the sheriff, but no further eviction proceedings shall be undertaken until the expiration of twenty (20) days after the service of the writ and notice.
(c) A stay of execution of the writ of possession may be obtained by the filing of a petition therefore in accordance with Pa.R.C.P. 3162, conditioned upon posting of a bond in an amount to be determined by the Court in a manner similar to that required by Pa.R.C.P.J.P. 1008B.
(d) Anyone presenting a petition for stay in accordance with subdivision (c) shall make a reasonable attempt to notify the plaintiff or his/her attorney of the date, place and time when the petition for stay will be presented to the Court.
[Rule 3103(a)*(1). Execution of Judgment Entered on Warrant of Attorney.]
[Rescinded]
Rule 3118(a)(6)*(A). Levy, Denial of Entry to Premises.
(A) The Court may, on motion of counsel, after writ of execution has been issued and after attempt by the sheriff to make a levy has been unsuccessful, upon affidavit executed by the sheriff, that the defendant or defendants have refused to allow the sheriff entry into the premises where the property is located, authorize the sheriff to enter by breaking in by force, to make a levy, upon plaintiff posting such security as the Court may order.
[Rule 3121(c)*(1)-*(3). Stay of Execution, Costs, Security.]
[Rescinded]
[Rule 3123(a)*(1). Exemption, Sheriff's Appraisement.]
[Rescinded]
Rule 3135*. Sheriff's Deed to Real Property, Sale for Costs Only, Acknowledgment of Deed.
(a) When the Sheriff sells real property in execution to the plaintiff for costs only, the Sheriff at the expiration of 10 days thereafter, if no petition has been filed to set aside the sale, shall execute and acknowledge before the Prothonotary a deed to the property sold. The Sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registration if required. Confirmation of the sale by the Court shall not be required.
*(b) Sheriff's Return; Precede Acknowledgment of Deed. Writs of execution must be returned and filed before the acknowledgment of the Sheriff's deed for the real estate sold by virtue thereof.
Rule 3136(e)*(1). Determination of Exceptions to Schedule of Distribution.
(1) The Prothonotary shall deliver the exceptions to the Court, who shall set a return day and notify the exceptant and the execution creditor thereof. The exceptant shall immediately notify all other parties in interest of such return day.
Rule 3139(a)(2)*(i). Sheriff's Return, Time Limit.
(i) Sheriff's Return; Last Day to Make Return. The Sheriff shall make the return within one month after completion or abandonment of the execution proceedings.
Rule 3204*(a). Sheriff's Determination of Claimant's Title, Hearing.
(a) If a party in interest files a request for a formal hearing with the Sheriff within ten (10) days after date of the mailing of the copy of the claim, as provided by Rule 3203, the Sheriff shall schedule a formal hearing prior to determining whether claimant is the prima facie owner of the property in whole or in part. Said hearing must be held by the Sheriff within 30 days after receipt of request for a hearing.
[Rule 3208(b)*(1). Claimant's Bond, Household Goods, Additional Security.]
[Rescinded]
Rule 3251*(a). Praecipe for Writ of Execution; Money Judgments; Content.
(a) Praecipe for Writ of Execution; Money Judgements; Content. The praecipe for writ of execution shall include:
(1) Statement whether writ is against real property or personal property, or both; certification whether exemption has been waived.
(2) Description of real estate to Prothonotary. If the execution is against real estate the Prothonotary shall be provided with a description of the real estate, which he shall attach to the writ of execution.
Rule 4007.1*(f). Deposition by Telephone.
(f) (1) The parties may stipulate in writing or the Court may, upon motion, order that a deposition by taken by telephone. For the purposes of these rules a deposition taken by telephone is taken at the place where the deponent is to answer the questions.
(2) The appropriate officer before whom the deponent is sworn shall be at the same place as the deponent during the taking of the deposition. After the deposition, the officer administering the oath shall file a written certification that the deponent was identified, sworn and deposed in the officer's presence.
(3) The parties' agreement or the Court order shall prescribe the manner in which the deposition will be taken and recorded and may also include other provisions to assure that the transcript of the testimony will be accurate.
(4) If any examining party desires to present exhibits to the deponent during the deposition, copies shall be sent to the deponent and all parties or their counsel prior to the taking of the deposition.
(5) Nothing herein shall preclude any party from being represented in person or by counsel at the location of the deponent during the deposition.
[Rule 4009(b)*. Production of Documents or Tangible Things, Place.]
[Rescinded]
Rule 4012*(c). Protective Orders, Depositions, Place of Taking.
(c) Taking Depositions--Place. In the absence of an agreement between counsel for the parties, or unless otherwise allowed by special order of the Court, all depositions shall be taken in the Montgomery County Courthouse.
Rule 4015*(d). Letters Rogatory, Form of Application.
(d) Letters Rogatory in the following form may be issued on the application of either party.
See Form [Rule 4016*. Deposition by Telephone.]
[Rescinded]
Rule 4019*. Discovery Master.
In order to facilitate the prompt disposition of discovery matters, the Court adopts Local Rule of Civil Procedure 4019* implementing what shall be known as the ''Discovery Master Program'' as follows:
(1) The Board of Judges shall appoint five members of the Bar who shall have practiced civil law in Montgomery County for a minimum of 15 years to serve as Discovery Masters, for an indeterminate term, without compensation, at the pleasure of the Court.
(2) All motions respecting discovery, other than a motion for sanctions, together with a rule to show cause why the relief sought should not be granted, shall be presented to the Court Administrator, after filing with the Prothonotary, for a return day on the rule. The moving party shall promptly serve the respondent with a copy of the motion and rule designating the return date. The cover sheet of moving party must state that counsel have [met and] conferred in a good faith effort to resolve the discovery dispute.
(3) If the motion is resolved amicably prior to the return day, the motion shall either be withdrawn or a stipulated order shall be submitted to the Court Administrator for submission to the signing Judge. If the motion is opposed, the parties shall appear in a courtroom or arbitration room designated by the Court Administrator on the Friday of the week in which the rule was made returnable, to argue the matter before the Discovery Master scheduled by the Court Administrator to hear the matter. In the event the Friday of the week in which the rule was made returnable is a legal holiday, the matter shall be argued before the Discovery Master on the Thursday following the return day. Briefs in support of and in opposition to the motion may be submitted to the Court Administrator's Office prior to the day on which the matter is to be argued before the Discovery Master.
(4) After hearing argument and considering the motion and answer, and any briefs filed, the Discovery Master shall submit a written recommendation and proposed order to the designated Judge for the case for entry of an appropriate order.
Rule 4019.1*. Family Discovery Master.
In order to facilitate the prompt disposition of discovery in domestic relations matters, the Court adopts the Family Discovery Master Program as follows:
(1) The Board of Judges appoints the Masters in Equitable Distribution and the Support Conference Officers to serve as Family Discovery Masters.
(2) All motions respecting discovery in domestic relations matters shall be filed with the Prothonotary. The moving party shall include a cover sheet and a proposed order. The cover sheet must state that counsel have [met and] conferred in a good faith effort to resolve the discovery dispute.
(3) The motions shall then be presented to the Family Discovery Master for a rule returnable and argument date. A certificate of service of the motion and rule returnable and argument date shall be filed in the Prothonotary's office by the moving party on or before the return date.
(4) The rule returnable and argument date shall be at 1 p.m. on the first Wednesday following the 30th day subsequent to the filing of the petition in a hearing room located at 321 Swede Street, Norristown, PA.
(5) If the motion is resolved amicably prior to the return day, the motion shall either be withdrawn or a stipulated order shall be submitted to the Family Discovery Master for submission to the signing Judge. If the motion is opposed, the parties shall appear, on the date and at the place specified in the Rule accompanying the motion, for argument before the Family Discovery Master. If no answer if filed on or before the return date, a rule absolute will be granted. Briefs in support of and in opposition to the motion may be submitted to the Family Discovery Master not less than two days prior to the day scheduled for argument before the Family Discovery Master.
(6) After hearing arguments and upon consideration of the motion and answer, and any briefs filed, the Family Discovery Master shall submit a written recommendation and proposed order to the Judge assigned to the case for entry of an appropriate order.
(7) This rule does not apply to motions for sanctions.
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