Leb. Cnty. Pa. 52FD-1920.51

As amended through January 1, 2018

Rule 52FD-1920.51 - Divorce Masters

A. JUDICIAL APPOINTMENT: Divorce Masters shall be appointed by the Court to hear testimony on all issues, except paternity, custody and support. The Court shall appoint at least two (2) Divorce Masters who shall individually hear all cases involving claims for alimony pendente lite, counsel fees and expenses, permanent alimony, and equitable distribution, in addition to the dissolution of the marriage. The Divorce Master list shall consist of at least two (2) members of the Bar of this Court experienced in family law who shall serve at the pleasure of the Court.

B. FEES: Compensation of the Special Master shall be as established by Administrative Order of the Court.

C. DEPOSITS FOR FEES AND COSTS:

(1) Upon filing a Petition for the Appointment of a Divorce Master, the moving party shall deposit a fixed sum to be set by Administrative Order.

(a) Parties proceeding In Forma Pauperis are exempt from payment of this deposit.

(2) ESCROW of ADDITIONAL MONIES: In order to assure prompt payment for the services of the Stenographer and the Divorce Master, an additional deposit may be ordered by the Divorce Master to be deposited with the Prothonotary. The amount shall be determined by the Divorce Master upon a review of the issues raised in the pleadings, the complexity of the issues, the length of the hearing and the time estimated to prepare the Summary Report. The Divorce Master shall determine and direct how the deposit shall be allocated between the parties and shall fix the deadline for payment. The directive shall have the same force and effect as if imposed by the Court. Failure of a party to pay the designated amount by the date set by the Divorce Master could be cause for finding that party in contempt of court or the imposition of such other sanctions as may be appropriate.

(3) ALLOCATION of COSTS AND EXPENSES: As part of the recommendation to the Court, the Divorce Master shall make a recommendation for allocation of costs and expenses between the parties.

D. DUTIES of MASTER: The Divorce Master shall set the date for a conference, which shall occur within forty-five (45) days of his/her appointment.

E. CONFERENCE: At the conference, each party shall provide the Divorce Master with the following information, insofar as it is then available:

(1) A list of all fact witnesses;

(2) A list of all expert witnesses;

(3) Reports of experts intended to be called as witnesses;

(4) All reports from appropriate agencies;

(5) Issues for resolution; and

(6) Estimated length of trial.

Such information shall be updated, as appropriate, any time up to commencement of the full hearing before the Divorce Master. Failure to produce the information specified herein at the time of the conference before the Divorce Master, may be grounds for excluding the evidence or witnesses at subsequent proceedings.

F. HEARING: Within thirty (30) days of the conference, matters not resolved at the conference shall be scheduled for a full hearing before the Divorce Master.

(1) STIPULATIONS: An oral stipulation on uncontested issues shall be presented to the Divorce Master at the outset of the hearing.

(2) RECOMMENDATION: Each of the parties shall be accorded thirty (30) days from the conclusion of the hearing to file a written memorandum with the Divorce Master. Thereafter, the Divorce Master shall file a written recommendation covering all issues to the Court within sixty (60) days of the conclusion of the hearing, which shall include a proposed order incorporating the terms of that recommendation. No formal report is required unless exceptions to the recommendation are filed.

(a) As part of the Recommendation or as part of any interim Order, the Divorce Master may recommend payment by either party of alimony pendente lite, counsel fees, costs and expenses.

G. EXCEPTIONS

(1) Within ten (10) days after filing of the Divorce Master's Recommendations, any party may file exceptions, which shall include a request for a transcript.

(a) If exceptions are filed the opposing party may file counter exceptions within seven (7) days.

(2) Costs for the transcript shall be deposited as provided by the Pa.Rules of Civil Procedure.

(3) After receipt of the transcript, each party shall be given the opportunity to file briefs within the time required by the Divorce Master.

(4) The Divorce Master shall issue a report concerning all issues to the Court as prescribed by Pa.R.C.P. 1920.53 and within the timeframe provided by the Pennsylvania Rules of Civil Procedure.

(5) At the time of the filing of the report, the Divorce Master shall cause the matter to be listed for Argument before the Court in accordance with the Court Calendar.

H. CERTIFICATION: In cases where a Divorce Master has been appointed, the record will not be forwarded to the Court for a Final Decree unless a Certification has been filed by the Master verifying that all fees and costs have been paid in full.

(1) If no exceptions are filed, either party may petition the Court for adoption of the recommendation as a final order of the Court.

Leb. Cnty. Pa. 52FD-1920.51

Amended effective 1/1/2000.