Section News
NEW MASTERS MEET WITH FAMILY LAW SECTION MEMBERS
Approximately 25 members of the Family Law Section met with the three newly chosen Berks County Divorce Masters on June 3. Judge Scott E. Lash, Administrative Head of the Family Court, announced that Masters Gordon Mair and Kathryn Harenza will each have 25% of the caseload and Master Louis Shucker will have 50%.
Assignments to the new Masters began effective June 1. The Judge noted that, due to their past relationship with the Mogel, Speidel, Bobb & Kershner firm, Masters Mair and Harenza will not be assigned any cases involving that firm for the first six months. Otherwise, cases will be assigned on a strict rotation basis. Where a motion for appointment of a master had been filed prior to June 1, it will be assigned to a former Master, and any matter already pending will continue to be handled by the former Master assigned to it.
The filing fee is $825, which includes everything except the cost for a transcript for filing exceptions. Mr. Shucker said the three of them are “committed to making it work.” He noted that the three of them are scheduled to meet on June 4 “to seek consistency in procedural matters but also with standards and criteria.” In fact, each of the Masters has received copies of sixteen opinions authored by Judge Lash in divorce cases to provide them with guidance as to his thinking.
Mr. Mair emphasized that they will “work to achieve predictability and uniformity. We want you to be able to intelligently advise your clients as to what to expect from the Master.” He also asked for feedback. On the topic of consistency, Ms. Harenza asked the attorneys to highlight the issues where they would like to see a consistent approach. For example, with regard to alimony, the Masters will seek to be consistent with Judge Lash’s criteria, as he has set forth in his prior written opinions. Eric Fabrizio asked if the Masters would publicize the Recommendations they file to provide guidance to the Bar. Executive Director Smith noted that the Bar Association has just recently purchased list serve software, and the Family Law Section will be the first to be online. Judge Lash’s written opinions and the Master’s Recommendations can then be shared via the list serve with section members.
Ms. Harenza noted that discovery must be completed before the motion for appointment is filed. Recognizing that there may be some rare exceptions, Judge Lash stated that the motion for appointment of a Master “needs to be considered the same as one would treat a certificate of readiness for trial.” If one party believes additional discovery is required, an objection to the motion must be lodged, which will be referred to the judge assigned to the case.
Pretrials, including settlement conferences, as well as hearings will be held in a dedicated courtroom, probably on the first floor of the Courthouse. A standard notice form will be developed for use by the Masters. In response to a question by Ms. Harenza, the consensus of the members was that communications concerning continuance requests should be done by email. Mr. Mair pointed out that it is imperative for the counsel seeking the continuance to be to communicate the position of opposing counsel at the same time that the request is made. Because the court reporter may charge an appearance fee for a hearing not held, Judge Lash indicated that continuances should not be automatically granted and should be more difficult to obtain closer to the hearing date. Members present assured the Masters that they would be satisfied to leave telephone messages for them on voicemail and not with a “live secretary” with the assurance that calls would be promptly returned.
Ms. Harenza stressed that the parties should be able to stipulate to most facts. “Hearing time should only be spent on issues that are truly in dispute,” she said.
To claim attorney fees and costs, an evidentiary record must be made. Mr. Mair pointed out that the attorney’s billing statement must be itemized by time spent on equitable distribution, child support, custody, etc. “Submitting into evidence a general time sheet will not be sufficient.”
The Masters will address APL issues and do have the authority to impose sanctions within their purview and can include evidentiary sanctions as well as attorney fees.
Judge Lash has asked that the Masters submit their Recommendations within 30 days after the hearing or from the due date for closing memoranda requested of counsel.
Section Chair Mark Zimmer said that the Masters expressed a willingness to return in six months for another information session.
