THE COURTS
FRANKLIN AND FULTON COUNTIES
Adoption and Amendment of Local Rules of Civil Procedure; Misc. Doc. 2013-2648
[43 Pa.B. 4071]
[Saturday, July 20, 2013]
Order Pursuant to Pa.R.C.P. 239.8 June 26th, 2013, It Is Hereby Ordered that the following Rules of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, Domestic Relations Division, are amended or adopted as indicated this date, to be effective upon publication on the Pennsylvania Judiciary's Web Application Portal:
Local Rule of Civil Procedure 39-1910.10 is amended and shall now read as follows.
Local Rule of Civil Procedure 39-1910.12 is adopted and shall read as follows.
It Is Further Ordered that The District Court Administrator shall:
1. Transmit a copy of this order and the foregoing rules to the Domestic Relations Procedural Rules Committee for transmittal to the Administrative Office of Pennsylvania Courts (AOPC) for publication on the Pennsylvania Judiciary's Web Application Portal.
2. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Provide one (1) certified copy of the Local Rule changes to the Franklin County Law Library and one (1) certified copy to the Fulton County Law Library.
4. Keep such local rule changes, as well as all local civil rules, continuously available for public inspection and copying in the Office of the Prothonotary of Franklin County, the Domestic Relations Section of Franklin County, and the Office of Prothonotary of Fulton County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary and/or Domestic Relations shall furnish to any person a copy of any local rule.
5. Arrange to have the local rule changes published on the Franklin County Bar Association web site at www.franklinbar.org/
6. Arrange to have the local rule changes published on the Franklin County Government web site at www. franklincountypa.gov.
By the Court
DOUGLAS W. HERMAN,
President JudgeRule 39-1910.10. Support Hearing Procedures.
Actions in support in the Franklin County Branch shall proceed as prescribed by Pa.R.C.P. 1910.12 and 39th Jud. Dist. R.C.P. 39-1910.12. The ''hearing officer'' referred to in Pa.R.C.P. 1910.12 is designated as the Support Master. Actions in support in the Fulton County Branch shall proceed as prescribed by Pa.R.C.P. 1910.11 and 39th Jud. Dist. R.C.P. 39-1910.11.
Rule 39-1910.12. Office Conference, Master Hearing, Record, and Exceptions. (Franklin County Branch).
a. Procedure, generally: Support actions shall proceed in accordance with the alternative hearing procedure set forth in Pa.R.C.P. 1910.12.
b. Procedure following office conference: The interim order entered following office conference pursuant to Pa.R.C.P. 1910.12(b)(1) shall state that any party may within twenty days after mailing of a copy of the order file a written demand with Domestic Relations Section for a hearing before the Support Master. A demand for hearing before the Support Master shall not stay the order entered under Pa.R.C.P. 1910.12 (b)(1) unless the Court so directs. If no party files a demand for hearing before the Support Master within the 20 day period, the order shall constitute a final order. If a demand for hearing is filed, the Domestic Relations Section shall schedule a de novo hearing before the Support Master and give notice to the parties. Prior to the hearing before the Support Master, the party demanding a hearing may withdraw the demand without the consent of the opposing party. The opposing party may file a separate demand for hearing (cross appeal) to preserve the opposing party's right to a hearing on the opposing party's issues; however said demand must be filed within the original 20 day period as set forth above or it will be deemed untimely.
c. Demand for hearing; issues: The demand for hearing shall be in writing on a form to be provided by the Domestic Relations Section and it shall indicate issues that the party wishes the Support Master to address at the hearing. The party must select the type of hearing being requested, routine hearing or complex hearing.
1. A Routine Hearing is a hearing that is expected to need not more than 60 minutes to complete and which will not involve complex questions of law or fact.
2. A Complex Hearing is one that is expected to require more than 60 minutes to complete and/or will involve complex questions of law or fact. Discovery shall be permitted pursuant to Pa.R.C.P. 1910.12(c)(3). The party requesting a complex hearing must petition the court, using the demand for hearing form (mentioned above), for allowance to schedule a complex hearing.
3. Failure of the party to select either a routine hearing or a complex hearing on the ''Demand for Hearing'' form will result in the Domestic Relations Section scheduling the matter for a routine hearing lasting not more than 60 minutes.
d. Filing fee; pauper status: Except as set forth in subsection (3) below, the party shall pay a $25.00 filing fee to the Domestic Relations Section at the time of filing the demand for hearing.
1. The demand for hearing shall not be accepted and no hearing shall be scheduled by Domestic Relations if not accompanied by the filing fee.
2. The filing fee is non-refundable.
3. If a party is unable to pay the filing fee, the party must seek leave of court using a form to be provided by the Domestic Relations Section in order to have the fee waived.
e. Proceedings Before the Master: Proceedings before the Support Master shall be conducted substantially as follows:
1. Record de novo hearing before the Master: All hearings scheduled before the Support Master shall be de novo, on-the-record hearings. All witnesses shall be under oath and a digital or stenographic record of the testimony shall be made. The notes of testimony shall not be transcribed unless:
A. Required by the Support Master to prepare the report and recommendation to the Court, or
B. Ordered and paid for by the party or parties following the filing of Exceptions by a party in accordance with paragraph (h) below.
2. Pre-Trial Memorandum: For either a routine or complex hearing, the Support Master may require a pre-trial memorandum to be prepared in advance of the hearing before the Support Master.
A. If required by the Support Master, the Pre-Trial Memorandum shall be filed at Domestic Relations at least 7 days before the hearing. The following shall apply:
1) Failure of the appealing party to file a pre-trial hearing memorandum may be considered an abandonment of claims and a withdrawal of the appeal. The court may impose other sanctions as appropriate.
2) Failure of the opposing/responding party to file a pre-trial hearing memorandum may be treated as not contesting the appellant's claims and may be deemed a waiver of all other issues on appeal. The court may impose other sanctions as appropriate.
3) For a routine hearing, the pre-trial hearing memorandum shall contain the following: an explanation of each issue expected to be raised at the hearing; a description of the facts to be proven related to the support action; identification of witnesses and the facts to which each witness will testify; a description of exhibits other than those required by the Pennsylvania Rules of Civil Procedure; and the relief being sought.
4) For a complex hearing, the pre-trial hearing memorandum shall contain in addition to all the items listed above, the following information: identification of legal authority (statutes, court cases, or rules) relating to the party's position on each issue raised; and an indication of the length of hearing needed to present all the evidence and witnesses' testimony for both sides of the support action.
B. Upon receiving the parties' Pre-Trial Memorandum, the Domestic Relations Section shall mail copies of the same to each party prior to the hearing before the court.
3. Rules of Evidence shall apply: The hearing before the Support Master shall be a formal judicial proceeding and the Pennsylvania Rules of Evidence shall apply. The Support Master shall decide all questions of law including rulings on motions and objections.
4. Master's Report, Content: Within 14 days following the conclusion of the Master's hearing, and 30 days in a complex case, the Master shall file and transmit to the assigned judge a report containing a Recommended Order of Court. The Master's Report may be in narrative form, but shall comply with the specific requirements of subsections (A) or (B) below.
A. Complaint for Support: In cases where a hearing has been held upon a Complaint for Support, the Support Master's Report shall contain, at a minimum:
1) A summary of the testimony.
2) Findings of fact.
3) A recommendation containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order.
4) A discussion of the reasons for the recommendation.
5) A summary of the Master's calculations.
B. Petition for Modification: In cases in which a Hearing has been held upon a Petition for Modification of an Existing Support Order, the Support Master's Report shall contain at a minimum:
1) A summary of the testimony.
2) Findings of fact.
3) A recommendation that the Petition for Modification be granted or denied. In cases in which the Master recommends that the Petition for Modification be granted, the recommendation shall include the recommended modified order of support containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order.
4) A discussion of the reasons for the recommendation.
5) A summary of the Master's calculations.
5. Service of Report; Exceptions to Report; Final Order: The Domestic Relations Section shall give notice of the filing of the Support Master's Report and Recommended Order by forwarding a copy of the same to the parties and their counsel, if any, by ordinary mail. In addition, the Domestic Relations Section shall advise counsel and pro se parties of their right to file exceptions to the Report and Recommended Order and that the failure to file exceptions shall result in the Support Master's Recommended Order becoming the Order for Support.
f. Exceptions to Report; time for filing: Within 20 days after the date of mailing of the Support Master's Report, any party may file Exceptions to the report or any part thereof. Exceptions shall comply with the specific requirements set forth in sections (j) through (m) below. If exceptions are not filed within 20 days, the Support Master's Recommended Order shall then become a final Order for Support. If exceptions are filed, any other party may file exceptions within 20 days of the date of service of the original exceptions. A form entitled ''Exceptions to the Support Master's Recommendation'' is available at the Domestic Relations Section.
g. Interim Order not stayed: The Order recommended by the Support Master shall continue in effect until the exceptions have been resolved by the Court.
h. Request for transcript: The party who first files Exceptions shall obtain an order directing that the notes of testimony be transcribed. The party filing the Exceptions shall bear the cost of producing the transcript. If both parties file Exceptions, the cost of the transcript shall be shared equally. The Court may reallocate the costs of the transcript as part of the final order. A form entitled ''Request for Transcript'' is available at the Domestic Relations Section.
i. Pauper status; no cost: Any party who has been granted pauper status pursuant to section (d)(3) above shall not be assessed any cost for producing the transcript.
j. Exceptions, specificity: Each Exception to the Master's Report regarding child support, spousal support, or alimony pendent lite shall be set forth specifically and concisely the ground for each exception based upon factual findings or a claim of error of law.
1. Finding of Fact: An exception asserting that the Support Master made a finding of fact unsupported by the evidence of record or failed to find a fact that the evidence supports shall
A. Identify the erroneous finding;
B. State specifically the finding which should have been made by the Support Master; and
C. Identify any documents in evidence which support, or any witnesses whose testimony supports the finding which should have been made by the Support Master.
2. Error of Law: An exception asserting that the Support Master made an error of law shall identify the statute, rule, regulation, judicial decision or appellate case law not applied or improperly applied by the Support Master.
k. Exceptions; incomes and support amount: All Exceptions shall include a statement of:
1. The excepting party's claim as to the obligor's income available for support, together with a statement of the record evidence of the obligor's income;
2. The excepting party's claim as to the obligee's income available for support, together with a statement of the record evidence of the obligee's income; and
3. The amount of support which should have been ordered.
l. Assignment of Judge: A party shall, at the time exceptions are filed, also file with the Domestic Relations Section a request for decision on the party's exceptions. The Domestic Relations Section shall assign a judge and transmit the paperwork to the judge through Court Administration. The assigned judge, as necessary, may issue an order requiring a response to the exceptions, or schedule oral argument or may issue an order setting a briefing schedule. A form entitled ''Request for Decision on the Exceptions'' is available at the Domestic Relations Section.
m. Sanctions for Non-compliance: Exceptions which are not in compliance with this rule or which are not briefed as ordered may be deemed to have been waived. The Court may impose other sanctions for non-compliance as appropriate in the Court's discretion.
[Pa.B. Doc. No. 13-1309. Filed for public inspection July 19, 2013, 9:00 a.m.]
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