THE COURTS
Title 255—LOCAL COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[51 Pa.B. 7454]
[Saturday, December 4, 2021]
Order And Now, this 16th day of November, 2021, Dauphin County Local Rules of Civil Procedure 1920.43, 1920.51, 1920.51A, 1920.74(a), 1920,74(b), and 1920.77 are amended as follows:
Rule 1920.43. Pre-Hearing Divorce Matters, Special Relief, Advance Distribution, Discovery, Post-Divorce Issues (Other Than Exceptions to [Master's] Hearing Officer's Report).
(a) The Court may assign Petitions for Special Relief and Motions raising pre-trial and post-divorce issues to the Divorce [Master] Hearing Officer.
(b) Any Pre-Hearing or Post-Divorce Petition or Motion in a divorce matter shall comply with Dauphin County Local Rule 205.2(a)(3)(b).
(1) The filing party shall certify that (s)he disclosed the full text of the Petition or Motion and Proposed Order to all parties by facsimile or electronic communication and whether each party concurs or opposes the Petition or Motion and Proposed Order in accordance with Dauphin County Local Rule 208.2(d).
(2) If any party opposes the Petition or Motion and Proposed Order, or any party fails to respond in a timely manner, the Petition or Motion is contested and the moving party shall attach:
(a) A Rule to Show Cause in accordance with Pa.R.C.P. 206.5;
(b) A Proposed Order;
(c) A Certificate of Service;
(d) A Self-Represented Party Entry of Appearance if unrepresented by legal counsel.
(3) If all parties concur, the Petition or Motion is uncontested and the filing party shall attach the proposed agreed Order.
(c) If the Petition or Motion is contested, a Family Court Judge shall issue a Rule to Show Cause.
(d)(1) Either party shall file an original and one copy of the Request for Assignment form with the Prothonotary when a response to the Rule to Show Cause is filed or the time for a response has expired. The Request for Assignment form shall be in the following form. This form is available [at www.dauphincounty.org/government/Court-Departments/Self-Help Center/default.aspx] in the Dauphin County Self-Help Center.
___________________________ : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : v. : NO. _____ CV _____ : ___________________________ : CIVIL ACTION Defendant : IN DIVORCE (ATTORNEY FOR MOVING PARTY) (SELF-REPRESENTED MOVING PARTY):
Name: ___________________________
Address: _________________
Phone: ______ FAX: ______ E-Mail: ______
(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):
Name: ___________________________
Address: _________________
Phone: ______ FAX: ______ E-Mail: ______
REQUEST FOR ASSIGNMENT TO DIVORCE [MASTER] HEARING OFFICER OR JUDGE Date Petition for Special Relief/Advance Distribution/Post-Divorce Relief was filed: ______
Date Rule to Show Cause was issued: ______
Date Response was filed: ______
[ ] The matter is ready for assignment to a Judge or Divorce [Master] Hearing Officer.
_________________ _________________
Date Signature
(2) The Court Administrator's Office shall assign the Petition and Response to a Family Law Judge for review. The Family Law Judge shall either schedule a hearing, enter an Interim Order and refer the matter to the Divorce [Master] Hearing Officer, or refer the matter to the Divorce [Master] Hearing Officer to address the issues in dispute.
(3) If the Family Law Judge refers the matter to the Divorce [Master] Hearing Officer, the moving party shall file an original and one copy of a Motion for Appointment of [Master] Hearing Officer with the Prothonotary together with the $75.00 administrative fee in accordance with Dauphin County Local Rule 1920.51 plus any other filing fee required by the Prothonotary.
(4) The Prothonotary shall promptly forward the Motion for Appointment of [Master] Hearing Officer to the Court Administrator's Office. A Family Court Judge will appoint the Divorce [Master] Hearing Officer to hear the pending matter.
(5) The Divorce [Master] Hearing Officer will schedule a Conference.
(6) The Divorce [Master] Hearing Officer shall file a Memorandum memorializing the agreement reached at any Pre-Hearing Conference with the Prothonotary and shall forward the agreed Order to a Family Court Judge for review.
(7) The Divorce [Master] Hearing Officer shall schedule a hearing if an agreement is not reached at any Conference.
(8) The Divorce [Master] Hearing Officer shall file a Report and Recommendation and Proposed Order with the Prothonotary within twenty (20) days in uncontested actions or thirty (30) days in contested actions from the date of the hearing and mail a copy of the Report and Recommendation and Proposed Order to all counsel and/or self-represented parties.
(9) A party may file exceptions to the Report and Recommendation and Proposed Order in accordance with Pa.R.C.P. 1920.55-2(b).
(10) If no exceptions are filed, the Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge to issue an Order.
(11) If exceptions are filed, the Prothonotary shall promptly forward the Exceptions to the Court Administrator's Office for assignment to a Family Court Judge for disposition.
(e) A party may file an original and one copy of a Motion For Appointment of [Master] Hearing Officer with the Prothonotary together with the administrative fee of $75.00 plus any other filing fee required by the Prothonotary to address discovery at any point after the filing of the Divorce Complaint.
Rule 1920.51. Equitable Distribution, Divorce, Annulment, Alimony, Counsel Fees, Costs and Expenses.
(1) The Divorce [Master] Hearing Officer shall hear annulment, divorce, economic claims in divorce including alimony, equitable distribution, counsel fees, costs and expenses or any aspect thereof.
(2) Any party shall file an original and a copy of the Motion for Appointment of [Master] Hearing Officer with the Prothonotary if proceeding under Dauphin County Local Rule 1920.51. If a [Master] Hearing Officer was previously appointed because of pretrial or discovery matters, the administrative fee of $75.00 plus any filing fee required by the Prothonotary shall be paid to the Prothonotary. If a [Master] Hearing Officer has not been previously appointed, an administrative fee of $150.00 plus any filing fee required by the Prothonotary shall be paid to the Prothonotary. The Motion for Appointment of [Master] Hearing Officer shall be in form prescribed by Dauphin County Local Rule 1920.74(a).
(3) The Motion shall include the following attachments:
(a) An updated Income and Expense Statement in the form required by Pa.R.C.P. 1910.27(c)(1).
(b) An updated Inventory and Appraisement in the form required by Pa.R.C.P. 1920.75.
(c) A proposed Order appointing the [Master] Hearing Officer and scheduling a Preliminary Conference in the form prescribed by Dauphin County Local Rule 1920.74(b).
(d) A Certificate of Service.
(e) A Self-Represented Entry of Appearance if the filing party is unrepresented by legal counsel.
(4) The Prothonotary shall forward the Motion for Appointment of [Master] Hearing Officer to the Court Administrator's Office. A Family Court Judge shall appoint the Divorce [Master] Hearing Officer and the Divorce [Master] Hearing Officer shall schedule a Preliminary Conference with the parties and their legal counsel.
(5) At the Preliminary Conference, the Divorce [Master] Hearing Officer shall address all outstanding pre-trial matters with counsel and the parties.
(6) Following the Preliminary Conference, the Divorce [Master] Hearing Officer shall schedule a Settlement Conference with the parties and their legal counsel.
(7) Following both the Preliminary Conference and the Settlement Conference, the Divorce [Master] Hearing Officer shall prepare a Memorandum memorializing any agreements and schedule the matter for a hearing on all remaining contested issues.
(8) The Divorce [Master] Hearing Officer shall file the Memorandum with the Prothonotary and mail a copy of the Memorandum to all legal counsel and self-represented parties in accordance with Pa.R.C.P. 1920.51.
(9) The Court shall pay a stenographer's appearance fee if a court reporter not employed by Dauphin County transcribes the hearing testimony; however the cost of any transcripts requested by the parties shall be borne by the parties.
(10) The Divorce [Master] Hearing Officer shall file a Report and Recommendation and Proposed Order with the Prothonotary in accordance with the Pennsylvania Rules of Civil Procedure.
(11) A copy of the Report and Recommendation and Proposed Order shall be mailed to counsel and self-represented parties with written notice of the right to file Exceptions.
(12) If the parties request a transcript, the Divorce [Master] Hearing Officer may delay the filing of the Report and Recommendation and Proposed Order or file a Supplemental Report and Recommendation and Proposed Order in accordance with the Pennsylvania Rules of Civil Procedure.
(13) If no timely Exceptions are filed, the Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
(14) An original and a copy of Exceptions to the Divorce [Master's] Hearing Officer's Report and Recommendation shall be filed with the Prothonotary's Office along with a Prior Court Involvement Statement in accordance with Dauphin County Local Rule 1931. This form is available [at www.dauphincounty.org/government/Court/Self-HelpCenter/Pages/default.aspx] in the Dauphin County Self-Help Center.
(15) The Prothonotary shall forward the Exceptions to the Report and Recommendation to the Court Administrator's Office for assignment to a Family Court Judge. If a Family Court Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
(16) The Court shall promptly issue an Order scheduling a conference, the filing of briefs and/or oral argument.
Rule 1920.51A. Administrative Fees for Divorce Matters.
(1) DIVORCE COMPLAINT: The plaintiff shall pay a $125.00 administrative fee plus any filing fees required by the Prothonotary at the time the divorce complaint is filed.
(2) MOTION FOR APPOINTMENT OF [MASTER] HEARING OFFICER:
(a) The party filing the Motion for Appointment of [Master] Hearing Officer shall pay a $75.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.43.
(b) The filing party shall pay a $150.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.51 and a [Master] Hearing Officer has not been previously appointed.
(c) The filing party shall pay a $75.00 administrative fee plus any filing fees required by the Prothonotary if proceeding under Dauphin County Local Rule 1920.51 and a [Master] Hearing Officer was previously appointed under Dauphin County Local Rule 1920.43.
Rule 1920.74(a). FORM-Motion for Appointment of [Master] Hearing Officer.
___________________________ : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : v. : NO. _____ CV _____ : ___________________________ : CIVIL ACTION Defendant : IN DIVORCE (ATTORNEY FOR MOVING PARTY)(SELF-REPRESENTED MOVING PARTY):
Name: ___________________________
Address: _________________
Phone: ______ FAX: ______ E-Mail: ______
(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):
Name: ___________________________
Address: _________________
Phone: ______ FAX: ______ E-Mail: ______
MOTION FOR APPOINTMENT OF [MASTER] HEARING OFFICER 1. Check one of the following boxes:
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.51. I request that all issues raised be decided by the Divorce [Master] Hearing Officer. I paid the $150.00 administrative fee plus any filing fees required by the Prothonotary. The Divorce [Master] Hearing Officer was not previously appointed for pre-trial or discovery matters.
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.51. I request that all remaining issues raised be decided by the Divorce [Master] Hearing Officer. I paid the $75.00 administrative fee plus any filing fees required by the Prothonotary. The Divorce [Master] Hearing Officer was previously appointed for pre-trial or discovery matters.
[ ] I file this motion in accordance with Dauphin County Local Rule 1920.43 and request that discovery, special relief matters, or other pre-trial or post-divorce issues excluding Exceptions to [Master's] Hearing Officer's Report be decided by the Divorce [Master] Hearing Officer. I paid the $75.00 administrative fee plus any filing fees required by the Prothonotary.
2. _________________ , (circle one) PLAINTIFF/DEFENDANT, moves the Court to appoint a Divorce [Master] Hearing Officer with respect to the following claims:
[ ] Divorce [ ] Annulment [ ] Alimony
[ ] Equitable Division of Marital Property [ ] Counsel Fees
[ ] Costs and Expenses [ ] Other: _________________
3. The plaintiff's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
___________________________.
4. The defendant's current mailing address is
_______________________________________________
_______________________________________________
_______________________________________________
___________________________.
5. The non-moving party (circle one) (has)(has not) appeared in the action (circle one) (personally) (by his/her attorney)
_________________ , Esquire6. The statutory ground(s) for divorce (is)(are):
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
7. Discovery (circle one) (is)(is not) complete.
8. If the [Master's] Hearing Officer's appointment is for resolution of a divorce, an annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, as applicable.
9. Check and compete the applicable paragraph(s):
[ ] (a) The action is not contested.
[ ] (b) An agreement has been reached with respect to the following
claims: _________________.[ ] (c) The action is contested with respect to the following claims:
___________________________.10. The action (involves) (does not involve) complex issues of law or fact.
11. The hearing is expected to take ______ (hours) (days).
12. Additional information, if any, relevant to the motion:
_____________________________________.
13. I mailed a copy of this motion to all parties and/or their legal counsel at the addresses listed above on ______ __ , 20____.
Respectfully submitted:
_________________ _________________
Date Signature
Rule 1920.74(b). FORM-Order Appointing [Master] Hearing Officer and Scheduling Preliminary Conference.
[CAPTION]
ORDER AND NOW, this day of , 20 the Motion of Appointment of [Master] Hearing Officer is GRANTED and ______ is appointed as [Master] Hearing Officer with respect to the following claims:
[ ] Divorce [ ] Annulment [ ] Alimony
[ ] Equitable Division of Marital Property [ ] Counsel Fees
[ ] Costs and Expenses [ ] Other: _________________
A Preliminary Conference is scheduled for both parties and their attorneys on , , 20 at : .M. in Conference Room 2 on the 7th Floor of the Juvenile Justice Center, 25 S. Front Street, Harrisburg, Pennsylvania 17101.
If economic claims have been raised of record in this case, to the extent not already filed, the non-moving party shall have ten (10) days from the date of this Order to file the documents required by Pa.R.C.P. 1920.31(a) and Pa.R.C.P. 1920.33(a). Failure to file the required documents may subject the offending party to sanctions as provided in those rules.
BY THE COURT:
_________________
JudgeDISTRIBUTION:
Rule 1920.77. Divorce Information Sheet.
(a) The Divorce Information Sheet shall be filed with the Prothonotary simultaneously with the filing of the Praecipe to Transmit Record pursuant to Pa.R.C.P. 1920.42 or the filing of the Motion for Appointment of [Master] Hearing Officer pursuant to Pa.R.C.P. 1920.51. The Divorce Information Sheet shall be obtained from the Prothonotary's Office. The Divorce Information Sheet shall contain the Social Security Numbers of the parties to the divorce in accordance with 23 Pa.C.S. Section 4304.1(a)(3). The Divorce Information Sheet shall also contain information to enable the Prothonotary to submit required statistical information to the Commonwealth of Pennsylvania, Department of Health, Vital Statistics Division.
(b) After the Divorce Decree is signed by a judge, the Divorce Information Sheet shall be removed from the public file by the Prothonotary and shall be kept confidential in accordance with 23 Pa.C.S. Section 4304.1(a)(3).
The previously listed amendments shall be published in the Pennsylvania Bulletin and will become effective January 1, 2022.
By the Court
JOHN F. CHERRY,
President Judge
[Pa.B. Doc. No. 21-1990. Filed for public inspection December 3, 2021, 9:00 a.m.]
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