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PA Bulletin, Doc. No. 07-1691

THE COURTS

MCKEAN COUNTY

Adoption of Domestic Relations Procedure; No. 158 December Term of 1904

[37 Pa.B. 4986]
[Saturday, September 15, 2007]

Order of Court

   And Now, this 22nd day of August, 2007, it is ordered and decreed as follows:

   1.  The Local Rules of Domestic Relations Procedure are hereby adopted, effective 30 days after publication in the Pennsylvania Bulletin;

   2.  The District Court Administrator of the 48th Judicial District is hereby Ordered to:

   a.  File seven certified copies of this Order and the Local Rules of Domestic Relations Procedure with the Administrative Office of Pennsylvania Courts;

   b.  File two certified copies and a computer diskette containing this Order and the Local Rules of Domestic Relations Procedure with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   c.  File one certified copy of this Order and the Local Rules of Domestic Relations Procedure with the Pennsylvania Domestic Relations Procedural Rules Committee;

   d.  Provide one copy of this Order and the Local Rules of Domestic Relations Procedure to each member of the McKean County Bar Association; and

   e.  Keep continuously available for public inspection copies of this Order and the Local Rules of Domestic Relations Procedure.

   It is further Ordered and Decreed that contemporaneously with the effective date of the within Local Rules of Domestic Relations Procedure, any previously adopted local domestic relations rules of court are rescinded and vacated.

JOHN M. CLELAND,   
President Judge

COMMON PLEAS COURT RULES

RULE L1920.51 Family Law Rules and Procedure in Divorce and Support Proceedings

   A.  Duties of Master. A Family Law Master shall be appointed by the Court to hear actions in divorce under 23 Pa.C.S.A. Section 3301, subsections (a), (b), and (d) of the Divorce Code, actions of annulment, and other issues permitted by law relating to the termination or validity of marriages. The Master will also conduct hearings on the economic issues raised in divorce complaints and other pleadings, including but not limited to, claims for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, child support, counsel fees, costs and expenses, or any aspects thereof. The Master shall also serve as the Hearing Officer for the purposes of Pa.R.C.P. 1910.12. The Master shall make appropriate reports and recommendations to the Court.

   B.  An original and one copy of each divorce complaint or other pleading that raises an issue for the Master to hear shall be filed with the Prothonotary, who shall schedule each such case for a Preliminary Conference. The Prothonotary shall forward a copy of the divorce complaint or pleading to the Master together with a notice of the Conference date.

   C.  Preliminary Conference

   1.  The Preliminary Conference will be in the nature of a status conference designed to promote settlement of cases, to gather information about the issues in the case, to determine the need for discovery, if any, and to establish a time table for the progress of the case.

   2.  Counsel and unrepresented parties will prepare and present at the Preliminary Conference the following: income and expense statements, inventory of marital assets, asset values, debts, tax returns for the preceding year, and at least three recent pay stubs for each party.

   3.  The Master will prepare a Family Law Conference Report and Scheduling Order and serve one copy of each on counsel and unrepresented parties at the end of the Conference. No further hearing notices will be issued unless a continuance is granted resulting in rescheduling.

   D.  Trial Deposit and Pretrial.

   1.  Seven (7) days before the pretrial conference scheduled by the Master in the Scheduling Order, the Plaintiff will pay to the Family Law Office a trial deposit of $600.00, and counsel for both parties will file with the Prothonotary and provide the Master with a copy of a Pretrial Statement substantially in the form required by Rule L212 and L222. Upon timely request to the Master, the Master may order that payment be waived, apportioned between the parties, or assessed as part of the final recommendation. Payment may be made in cash or by check made payable to the ''Prothonotary'' and delivered to the Family Law Office.

   2.  Upon the request of either party or counsel, the Master may, in proper cases, allocate the responsibility for payment of the trial deposit between the parties or assess it to the Defendant. No divorce decree will be issued by the Prothonotary unless the trial deposit has been paid.

   3.  In any case settled at the pretrial conference (or otherwise before the final hearing is held), the Master may direct the Prothonotary to return up to $500.00 of the deposit to the party who paid the deposit.

   4.  All cases not resolved at the pretrial conference will be scheduled for final hearing within 40 days of the pretrial conference. The Master will prepare and serve upon counsel and unrepresented parties a pretrial order setting the final hearing date and defining the responsibilities of each party, and specifying the issues to be addressed at final hearing.

   E.  Final Hearing.

   1.  Pursuant to the schedule established at the pretrial conference the Master shall proceed to take testimony and shall report to the Court as required by Pa.R.C.P. 1910.12 and 1920.51, et seq.

   2.  The Master will tape record the final hearing unless the parties or counsel request at the pretrial conference that a Court reporter take down and transcribe the testimony and agree to be responsible for the cost thereof. The parties will also be responsible for the cost of preparation of transcripts of the tape recorded hearings. The parties and/or counsel may waive the preparation of the transcripts unless exceptions are filed to the Master's Recommendation. Factual issues raised in the exceptions will be deemed waived unless a transcript is prepared and filed. Deposits will be required to be paid for transcripts in accordance with procedures established from time to time.

   F.  Child Support Hearing Officer.

   1.  The Alternative Hearing Procedure of Pa.R.C.P. 1910.12 is hereby adopted, except that the Hearing Officer will hold a combined conference/hearing and issue a Recommended Support Order in all disputed cases.

   2.  The Hearing Officer shall conduct the hearing with due regard to the law and according to the established rules of evidence, which, however, shall be liberally construed to promote justice. The Hearing Officer shall have the general powers of a court including, but not limited to, the following powers:

   (1)  To issue subpoenas to witnesses to appear before the Hearing Officer as in other civil actions, and to issue an attachment upon allowance by the Court for failure to comply therewith.

   (2)  To compel the production of all books, papers and documents which shall be deemed material to the case.

   (3)  To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by deposition, and to decide the law and facts of the case submitted to them.

   (4)  The hearing Officer/Family Law Master will make a recommendation to the Court concerning the amount of child or spousal support or alimony pendente lite and/or payment on arrears, and this amount will become collectible immediately, subject to later modification if exceptions are filed. The Hearing Officer will also issue a temporary wage attachment order that will be adopted as on Order by the Court, together with the Recommendations if no exceptions are filed or, if exceptions are filed, after disposition of the exceptions.

   3.  The Hearing Officer shall not be required to transcribe the record of the testimony. Transcripts will be made available on the same basis as described in Rule L 1920.51 E(2) hereof.

   4.  If the Respondent fails to appear as directed by the Court after due notice and does not request a continuance for good cause the hearing may proceed without the Respondent. The Hearing Officer may also recommend that a warrant be issued for the arrest of any Respondent who fails to appear without explanation.

   G.  Continuances.

   (1)  All requests for continuances in divorce or support hearings shall be by Motion addressed to the Court filed with the Prothonotary and a copy delivered to the Master/Hearing Officer at least seven (7) days before the hearing sought to be continued. No such request will be granted unless good cause for the continuance is shown. Continuances will be granted only in accordance with the Court's continuance policy. (See memorandum of November 16, 1993).

   H.  Penalties.

   (1)  The Master/Hearing Officer may, in proper cases, recommend to the Court that attorney's fees and fines or other appropriate sanctions be assessed (See, for example 42 Pa.C.S. Section 2503) against parties or their counsel for vexations or dilatory conduct, lack of preparation, failure to appear, failure to request timely continuances, or other behavior interfering with the expeditious progress of the case.

RULE L1940.1 Contested Child Custody Cases--Mediation Referral Procedure

   1.  All contested child custody cases shall in the first instance be referred to mediation, unless waived by leave of Court. The purpose of the mediation sessions, which shall be conducted by a Court appointed Mediator, is to provide a nonadversarial forum for the parties to attempt to work out their custody problems with the assistance of the Mediator and their attorneys, if any.

   2.  Custody matters raised in a Divorce Complaint shall be referred to the Court Mediator by the Family Law Master. All other custody complaints or petitions raising issues of custody shall be automatically referred to the Mediator by the Prothonotary, unless counsel has requested and received leave of Court to waive mediation.

   3.  Custody mediation shall be conducted in accordance with procedures established by the Court from time to time.

   4.  All parties attending mediation sessions shall be required to sign any Agreement or portion of an Agreement to which they voluntarily consent. If agreement is reached before, during or after mediation, the agreement shall be reduced to a written stipulation and shall thereafter be incorporated into a consent Order of Court.

   5.  If mediation does not result in agreement between the parties, the Mediator shall refer the parties for evaluations and refer the matter to the Court for hearing and disposition. If the parties do not agree that evaluations should be done or to whom the parties should be referred for evaluation, the case shall be sent to the Judge, who will make a ruling on the disposition of these issues.

[Pa.B. Doc. No. 07-1691. Filed for public inspection September 14, 2007, 9:00 a.m.]


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