Philadelphia Cnty. C.P. CP-Family Division-Domestic Relations 3

Judge shall enter a Final Decree in Divorce.

(e) In any case where a Section 3301(d) Counter-affidavit is filed, the matter will be promptly listed

before the Permanent Master in Divorce for purposes of a hearing on all non-economic issues raised

therein. The written notice of said hearing shall clearly state that failure of the non-moving party to

appear at the scheduled time will result in the dismissal of all objections and claims raised in the

Counter-affidavit and the entry of a Final Decree in Divorce without additional notice to that party.

(1) If the non-moving party fails to appear for the scheduled listing of the case, the Master shall

there upon file a summary Report or Proposed Order recommending dismissal of the Counter -

affidavit. If no exceptions are filed to the Report or Proposed Order within twenty days, then the

Report or Proposed Order shall forthwith be presented to a Judge for approval and entry of an

Order dismissing the Counter-affidavit. A Final Decree pursuant to Section 3301(d) or Order

approving grounds for Divorce may then be entered following judicial review of the file.

(2) If both parties appear for the listing of the case, the Permanent Master in Divorce shall then

conduct a conference to ascertain what issues are actually in dispute. Following conclusion of

the conference, the Master may immediately pro ceed with a record hearing to dispose of any

contest as to grounds, or he may defer the matter to another listing, for which notice shall be

given while the parties are in attendance.

(i) After the compl etion of testimony relating to G rounds under Section 3301(d), the

Permanent Master shall expeditiously prepare and file a Report which contains his or her

findings as to whether the prer equisites under that Section have been met. Copies of said

Report shall be served on counsel and any unrepresented parties.

(ii) Within twenty (20) days after the date of the Report by the Permanent Master, any party

may file written exceptions thereto. Any such exceptions shall thereaft er be listed for

argument before a Judge of the Family Court who shall dispose of the same on the basis of

the record compiled before the Permanent Master. In the absence of exceptions within said

twenty (20) day period, the Report shall be transmitted to a Judge for approval and entry of

an Order consistent with the Master’s recommendation as to Grounds for a Section 3301(d)

Divorce. If no economic issues remain outstanding in the case, a Final Decree pursuant to

Section 3301(d) may then be entered following judicial review of the file.

(iii) If economic issues are raised in a case for the first time through a Counter-affidavit, the

Permanent Master shall submit a proposed Order to the Court whereby a deadline is set for

the defendant to perfect his/her cl aims for economic relief through the filing of a

Counterclaim or petition pursuant to Pa.R.C.P. 1920.15. If the defendant subsequently fails

to comply with such Order, the Clerk of the Family Court, upon praecipe of the plaintiff,

shall submit the file to a Judge for entry of a Final Decree.

(iv) If economic issues were raised in a case prior to the filing of a Counter-affidavit, or if

the defendant perfects his/her claims for economic relief under the preceding paragraph, it

shall be the responsibility of the parties to dispose of such issues through the filing of a

Certification for Hearing pursuant to Pa.R.C.P. 1920.51.

Rule 1920.51 Proceedings before Master in Divorce

(a) As used in this section, “Master” means a Permanent Master in Divorce who has been authorized

by the Court to hear:

(1) matters relating to grounds for Divorce under Sections 3301(a), 3301(b), and 3301(d)(1)(ii),

and for Annulment under Sections 3303, 3304 and 3305 of the Divorce Code;

(2) economic issues, including claims for equitable distribution of property, alimon y, counsel

fees, costs and expenses.

(b) Procedure for Divorce under Sections 3301(a) and 3301(b), and for Annulment:

(1) When a party wishes to proceed under fault grounds for Divorce or an Annulment, said party

shall file a “Motion for Divorce Hearing on Fault Grounds or for Annulment” accompanied by

a certification of service and a proposed Order of assignment setting forth the issues to be

referred by the Court to the Master.

(2) Within ten (10) days following service of a Motion for Divorce Hearing on Fault Grounds or

for Annulment, a party may file an Answer thereto for purposes of objecting to the proposed

assignment of the case to a Master. It shall not constitute grounds for objection that discovery

on economic issues has not been completed.

(3) The Motion for Divorce Hearing on Fault Grounds or for Annulment may be filed by either

party as soon as twenty (20) days have elapsed following service of the complaint.