Northum. Cnty. Pa NCV-1920.51

As amended through April 1, 2021

Rule NCV-1920.51 - HEARING BY THE COURT, APPOINTMENT OF A MASTER

A. All claims for divorce, annulment, equitable distribution, counsel fees, costs and expenses (other than alimony pendente lite and disputed claims as to custody or paternity) shall be heard by a Master, and any requests for hearing before the Court instead of the Master shall be made by petition and rule and will be granted by the Court only upon good cause shown.

B. Where no other issues are involved except termination of the marriage by divorce or annulment under Section 3301(a) and (b) and Sections 3303-3305 of the Divorce Code, the motion for appointment of a Master may be filed by either party as soon as twenty (20) days have elapsed following the service of the complaint.

C. If, in addition to a claim for divorce or annulment of marriage, a claim is made for alimony, equitable distribution of marital property, of final counsel fee and/or costs, either party may move for the appointment of the Master after [1] one of the following has taken place: [a] a decree has been entered wherein a divorce has been granted but the Court has retained jurisdiction over unresolved claims, or [b] an Order has been entered approving the grounds for divorce but deferring the decree in divorce until a Master's hearing is held on unresolved claims, and [2] both parties have complied with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a).

1. If a party fails to comply with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a), on praecipe of any party who has complied therewith, a rule shall be entered upon a non-complying party to file the information required by said Rules within thirty (30) days of the service of the rule.

a. The praecipe shall be prepared substantially in the following form:

"The [plaintiff][defendant] having complied fully with Pa.R.C.P. 1920.31(a)(1) and 1920.33(a), and the opposing party having failed to do so, it is hereby requested that a rule be entered as of course directing the opposing party to comply with Pa.R.C.P. Rules 1920.31(a)(1)and 1920.33(a) within thirty (30) days of the of the date of the service of the rule.

___________________________

Attorney for [plaintiff][defendant]

RULE: AND NOW, this ____ day of ____________, 20__, the [plaintiff][defendant] is hereby directed to comply with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a) within thirty (30) days of the date of the service of this rule.

__________________________

Judge

b. If it is necessary for the Court subsequently to issue an Order directing compliance with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a) such Order shall, in the absence of compelling circumstances, contain inter alia a provision for payment to the moving party of the counsel fees and costs incurred in obtaining compliance.

D. The Motion for Appointment of Master shall be accompanied by a proposed Order Appointing Master setting forth the issues to be referred by the Court to the Master, and shall contain a certification that a copy of said Motion and the Proposed Order were served at least ten (10) days prior to the filing of said Motion upon opposing counsel, or the opposing party, if unrepresented.

Northum. Cnty. Pa NCV-1920.51