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PA Bulletin, Doc. No. 15-1315

THE COURTS

LEHIGH COUNTY

Administrative Order; Local Rules of Court; No. 2015-J-32

[45 Pa.B. 3825]
[Saturday, July 18, 2015]

Order of Court

 And Now, this 25th day of June, 2015, it is hereby Ordered that effective 30 days after publication in the Pennsylvania Bulletin, the following Lehigh County Family Court Rules are Rescinded:

 Rule 1920.12 Complaint

 Rule 1920.13 Pleading More than One Cause of Action. Alternative Pleading

 Rule 1920.16 Severance of Actions and Claims. Interim Relief Program

 Rule 1920.31 Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses

 Rule 1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing

 Rule 1920.55-2 Exceptions to Master's Report

 It is further Ordered that effective 30 days after publication in the Pennsylvania Bulletin, the following Lehigh County Family Court Rules are Adopted:

Rule 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.

 (a)(3) Where a claim for spousal support and/or alimony pendente lite is made in a complaint for divorce or annulment or in a counterclaim thereto, the party filing a pleading containing such a claim shall:

 (i) file at the Domestic Relations Section a time-stamped copy of the pleading and proof of service thereof, a praecipe for conference, and the Domestic Relations data sheet, and

 (ii) serve a copy of the request for conference on the opposing party, or if represented, on the attorney of record in the action for divorce or annulment.

*  *  *  *  *

 (e) The divorce master shall be appointed to consider petitions seeking interim counsel fees and expenses. Such petitions shall be filed with the Clerk of Judicial Records and a time-stamped copy sent to the master.

 (1) In addition to the information required to be submitted pursuant to Pa.R.C.P. 1920.31(a)(1), the petition shall include written estimates as to the amounts requested for interim counsel fees and expenses and the basis for the requests.

 (2) All averments contained in such petitions shall be deemed denied. However, the respondent shall have a period of twenty (20) days in which to file an answer, which shall be filed and a time-stamped copy sent to Family Court Administration.

 (3) The matter shall be scheduled for a conference with the master. After consideration of the petition, the answer, supporting documentation, and argument, the master shall prepare a recommended Order addressing the petition.

 (4) A recommended Order which is not based upon agreement of the parties shall provide for twenty (20) days from the filing, during which time either party may file exceptions and demand a hearing de novo before the Court. A time-stamped copy of exceptions filed shall be provided to Family Court Administration for scheduling.

 (f) The master shall be appointed to consider petitions for modification of post-divorce alimony. Such petitions shall be filed with the Clerk of Judicial Records and a time-stamped copy sent to Family Court Administration.

 (1) The matter shall be scheduled for conference. If the petition is not resolved during the conference, a record hearing shall be scheduled before the master.

 (2) The notes of testimony shall be transcribed and a report shall be generated by the master as soon as administratively possible following the hearing.

 (3) Either party may file exceptions to the report of the master within twenty (20) days from the date the report is filed of record.

 (4) A time-stamped copy of any such exceptions filed shall be provided to Family Court Administration to schedule for argument before a judge and to set a briefing schedule.

Rule 1920.43. Special Relief.

*  *  *  *  *

 (c) A petition for special relief shall be filed with the Clerk of Judicial Records, and a time-stamped copy delivered to Family Court Administration for scheduling. The master may be appointed to consider such petitions.

Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.

*  *  *  *  *

 (f) A Motion for Appointment of a Master as required by Pa.R.C.P. 1920.33 shall be filed with the Clerk of Judicial Records and a time-stamped copy sent to Family Court Administration.

 (1) Upon appointment, the master shall schedule an initial conference with counsel for the parties, or with self-represented parties.

 (2) At the initial conference, counsel and/or the parties shall supply the master with background information for the case, a list of remaining discovery needs, and suggestions as to an appropriate track for resolving the issues in the case.

 (3) Following the initial conference, if appropriate, the master shall prepare a recommended Order directing additional discovery, setting appropriate deadlines and scheduling the matter for further proceedings. Any party dissatisfied with all or any part of a recommended Order may file a written demand for review by the Court pursuant to the remedy and procedure set forth in the Order.

 (4) The matter shall then be scheduled for a settlement conference, at which the parties must appear unless excused by the master.

 (5) If the case is not resolved following one or more settlement conferences, the matter shall be listed for a hearing over which the master shall preside.

 (i) The master shall set deadlines for the filing of pre-trial statements, and Family Court Administration shall schedule the hearing.

 (ii) Absent alternative arrangements which may be made by the parties, Family Court Administration shall arrange for the appearance of a stenographer at the hearing.

 (iii) The parties shall be responsible for payment of all appearance fees for the stenographer, along with payment of all fees due to transcribe the notes of testimony from the hearing. Unless otherwise allocated, each party to the action shall be responsible for payment of fifty percent (50%) of all stenographic services fees incurred relating to the stenographer's appearance at the hearing and transcription of all notes of testimony from all hearings in the matter.

 (iv) Following the hearing, either party may submit proposed findings of fact and/or conclusions of law or other legal memoranda. However, no prejudice shall result from any party's failure to submit such documents.

Rule 1920.55-1. Alternative Hearing Procedures for Matters Referred to a Master.

 Pursuant to Pa.R.C.P. 1920.55-1(b), Lehigh County has adopted the procedure set forth in Pa.R.C.P. 1920.55-2 for all divorce/annulment proceedings referred to a master.

Rule 1920.55-2. Master's Report. Notice. Exceptions. Final Decree.

 The party filing exceptions shall provide a time-stamped copy to Family Court Administration to schedule argument before a judge and to establish a briefing schedule.

By the Court

CAROL K. McGINLEY, 
President Judge

[Pa.B. Doc. No. 15-1315. Filed for public inspection July 17, 2015, 9:00 a.m.]


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