THE COURTS

Title 255—LOCAL COURT RULES

MONROE COUNTY

Local Rules of Civil Procedure 1920.51 to 1920.54 Actions in Divorce; 5 CV 2024

[54 Pa.B. 8069]
[Saturday, December 14, 2024]

Amended Order

 And Now, this 2nd day of December, 2024, it is Ordered that Monroe County Rules of Civil Procedure 1920.51 to 1920.54 (Monroe Co.R.Civ.Pro. 1920.51 to 1920.54) are as follows and the amendments thereto are adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

 It Is Further Ordered that the District Court Administrator shall:

 1. File one (1) electronic copy of these Rules with the Administrative Office of Pennsylvania Courts via email to civilrules@pacourts.us for review and approval by the Civil Rules Committee.

 2. Upon receipt of permission to publish from the Civil Rules Committee, file one (a) paper copy of this Order and Rule with the Legislative Reference Bureau and one (1) electronic copy in Microsoft Word format only via email to bulletin@palrb.us for publication in the Pennsylvania Bulletin.

 3. Arrange to have these Rules published on the Monroe County Bar Association website at www.monroebar.org.

 4. Arrange to have these Rules, as well as all local rules, published on the 43rd Judicial District website at www.monroepacourts.us.

 5. Keep these Rules, as well as all local rules of this Court, continuously available for public inspection and copying in the respective Monroe County filing office.

 a. Upon request and payment of reasonable cost of reproduction and mailing, the respective filing office shall furnish to any person a copy of any local rule.

By the Court

MARGHERITA PATTI-WORTHINGTON, 
President Judge

Actions in Divorce

1920.51. Proceedings Before the [Master] Divorce Hearing Officer.

 (a) Monroe County shall follow the [master's hearing] hearing officer procedure set out at [Pa.R.C.P.] Pa.R.Civ.P. 1920.55-2.

 (b) Either party may file a motion for the appointment of a divorce [master] hearing officer provided that:

 (1) The moving party has complied with the requirements of [Pa.R.C.P.] Pa.R.Civ.P. 1920.33 (pertaining to inventory and pretrial statement); and

 (2) The required fee has been paid to the Prothonotary; and

 (3) The moving party has filed of record and served a time stamped copy of the party's written notice of intention to file a motion for the appointment of a divorce [master along] hearing officer together with a certificate of service, using the forms set forth below, to all counsel of record and unrepresented parties a minimum of 20 days prior to the filing of the motion for the appointment of a divorce [master] hearing officer.

 (c) If opposing counsel or any unrepresented party objects to the filing of the motion for the appointment of a divorce [master] hearing officer, the objector shall, within 20 days of the service of the notice of intention to file motion for the appointment of a divorce [master] hearing officer, file with the Court a statement of objections which shall include the basis for objection and a statement of when the case will be ready for [master's] hearing officer's hearing, along with a request for argument. All of the foregoing shall be served on all counsel of record and unrepresented parties.

 (d) Failure of a party to timely file objections to the appointment of a divorce [master] hearing officer shall be deemed a waiver of the party's right to receive additional discovery.

 (e) Upon the filing of the motion for appointment of a divorce [master] hearing officer, the Court Administrator shall assign the [master] hearing officer and the Court shall issue [orders scheduling a hearing and a pretrial conference, and setting a deadline for the filing and service of the non-moving party's pretrial statements in conformity with Pa.R.C.P. 1920.33.] an order that includes the following:

 (1) dates and times for a hearing and a pretrial conference;

 (2) a deadline for the filing and service of the non-moving party's pretrial statements in conformity with Pa.R.Civ.P. 1920.33; and

 (3) a deposit amount to be paid by the moving party for the transcription of any part of the scheduled master's hearing.

 (i) Such deposit amount shall be set by the President Judge and upon payment, shall be placed into escrow for the case by the Monroe County Prothonotary's Office.

 (ii) The Prothonotary shall pay any amounts from that deposit in accordance with Monroe County R.J.A. 4007—4011.

 (iii) If the deposit is insufficient to cover the cost of the transcript, the moving party shall pay any balance within 14 days of the date the Court Reporter, Recorder, or Transcriptionist files a Form A in accordance with Monroe County R.J.A. 4007(C).

 (iv) The hearing officer may allocate the total cost of the hearing transcript among the parties as part of the recommendation.

 (f) Counsel of record and unrepresented parties shall attend the pretrial conference; represented parties shall be available to consult with their counsel by telephone during the pretrial conference. In the event that counsel for either party or an unrepresented party fails to attend the pretrial conference, or fails to file a pretrial statement as ordered, the [master] hearing officer may recommend that the Court impose sanctions.

 (g) If a pretrial conference or any portion of a hearing day is held, the [master] hearing officer shall receive a fee in an amount determined by the [court] President Judge.

 (h) If additional hearing days are needed, the [master] hearing officer shall petition the Court with a recommendation regarding the number of additional full or partial hearing days requested and the amount of the additional court costs to be paid by one or both of the parties. The Court shall issue an order for the payment of additional costs and following payment of the costs as ordered shall set the additional hearing dates. No additional hearing dates shall be scheduled prior to the payment of the full amount of the additional court costs ordered. The [master] hearing officer shall be compensated for any additional full or partial days of hearing in an amount to be determined by the [court] President Judge.

 (i) Forms.

[CASE CAPTION]

NOTICE OF INTENTION TO FILE PETITION REQUESTING THE APPOINTMENT OF A DIVORCE [MASTER] HEARING OFFICER

 Notice is hereby given that 20 days following the date set out below, [Plaintiff/Defendant] intends to file a Motion Requesting the Appointment of a Divorce [Master] Hearing Officer.

Date: _____   [Signature of Counsel or Pro Se Party with full address and
telephone.]

CERTIFICATE OF SERVICE

 I certify that I have provided or will immediately provide a copy of this Notice of Intention to File a Motion Requesting the Appointment of a Divorce [Master] Hearing Officer on all counsel of record and all self-represented parties at the following address:

Name _________________

Address _________________

Date: _____   [Signature of Counsel or Pro Se Party with full address and
telephone.]

1920.51-1. Continuance of [Master's] Hearing Officer's Hearing in Divorce.

 (a) Scheduled [master's] hearing officer's hearings may be continued by motion only, filed in accordance with Monroe Co.R.C.P. 208.2(c), 208.2(d) and 208.3(a).

 (b) Prior to filing a motion to continue a [master's] hearing officer's hearing, the moving party or, if represented, their counsel shall contact the office of the Court Administrator to secure several prospective dates for the rescheduled hearing, and shall list those dates on the concurrence/non-concurrence required to be attached to the motion and which shall be substantially in the form set forth below.

 (c) Upon receipt of prospective continuance dates from the office of the Court Administrator, the moving party shall forward to all responding parties, or if represented, to their counsel, the concurrence/non-concurrence form setting forth the prospective continuance dates.

 (d) Within three (3) business days of receiving the concurrence/non-concurrence form from the moving party, all responding parties, or if represented, their counsel, shall complete the form stating their concurrence or non-concurrence in the motion, and notwithstanding their non-concurrence, shall indicate their availability for hearing on the prospective continuance dates.

 (e) The moving party or counsel shall complete a proposed order rescheduling the [master's] hearing officer's hearing by filling in a specific date for the rescheduled hearing from the list of prospective dates provided by the Court Administrator and approved by all responding parties and counsel, and shall attach the proposed order to the motion.

 (f) The completed motion, concurrence/non-concurrence form and proposed order shall be filed in the office of the Prothonotary and copies served on the [master] hearing officer, the office of Court Administration and all parties, with a certificate of service.

 (g) Motions for continuance of [master's] hearing officer's hearings shall be filed no later than one week before the scheduled pretrial conference with the master, except for good cause shown.

 (h) Form.

CERTIFICATION OF CONCURRENCE, NON-CONCURRENCE OR NO REPLY

 I hereby certify that I am counsel for the movant OR I am the pro se movant and that concurrence in the prayer of the within motion for continuance of divorce [master's] hearing officer's hearing has been sought from, counsel to respondent, OR , pro se respondent, by mailing the motion for continuance of divorce [master's] hearing officer's hearing, with a copy of this certification of concurrence, non-concurrence or no reply to the following, addressed as follows on [date of mailing]:

   **

 I further certify that:

 _____ Responses are set out below with signatures of counsel or pro se respondent.

 _____ No responses were provided.

 I further certify that the office of the Court Administrator has provided the following prospective dates for the rescheduled [master's] hearing officer's hearing in divorce, all of which are dates on which I am available and movant is available:

___________________________ .

Dated: _____   _________________
______ , Esquire
Counsel to Movant

[OR]

Dated: _____   _________________
Pro Se Movant

 I hereby certify that I am counsel to the respondent and that:

 _____ I concur in the Motion for Continuance.

 _____ I do not concur in the Motion for Continuance.

 I further certify that I am available and the respondent is available on the following prospective dates identified above provided by the office of the Court Administrator. I understand that whether I concur or do not concur I am required to identify dates of availability:

___________________________ .

Dated: _____   _________________
______ , Esquire
Attorney for Respondent

 I hereby certify that I am the responding pro se party and that:

 _____ I concur in the Motion for Continuance.

 _____ I do not concur in the Motion for Continuance.

 I further certify that I am available on the following prospective dates identified above provided by the office of the Court Administrator. I understand that whether I concur or do not concur I am required to identify dates of availability:

___________________________ .

Dated: _____   _________________
Pro Se Respondent

1920.54. Settlement Before Scheduled Hearing.

 In the event that the parties settle all claims prior to hearing, the parties and counsel shall appear before the [master] hearing officer and state the terms of their settlement on the record. Said appearance is waived if by the close of business on the day before the scheduled hearing the parties file with the Prothonotary and deliver to the [master] hearing officer an executed divorce settlement agreement and affidavits of consent. Where parties settle on the record or by the filing of a written divorce settlement agreement, the [master] hearing officer shall file a report and recommendation within thirty days of the scheduled hearing date.

[Pa.B. Doc. No. 24-1772. Filed for public inspection December 13, 2024, 9:00 a.m.]

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