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PA Bulletin, Doc. No. 14-2427

THE COURTS

LEHIGH COUNTY

Local Rules of Court; No. 2014-J-71

[44 Pa.B. 7364]
[Saturday, November 22, 2014]

Order of Court

And Now, this 3rd day of November 2014, effective 30 days after publication in the Pennsylvania Bulletin, it is hereby Ordered that the following Lehigh County Family Court Rules are Rescinded:

 Rule 1910.11(a)-1 Attorney Appearance

 Rule 1910.11(a)-2 Continuances

 Rule 1910.12 Hearing Procedure

 It is further Ordered that, effective 30 days after publication in the Pennsylvania Bulletin, the following Lehigh County Family Court Rules are Adopted:

Rule 1910.6. Notification. Entry of Appearance.

 An attorney who attends a support conference or hearing on behalf of a party shall first file a Praecipe for Entry of Appearance with the Domestic Relations Section. The Entry of Appearance shall continue for all aspects of the support action.

Rule 1910.12. Hearing. Exceptions. Continuance.

 Support actions shall proceed in accordance with the alternative hearing procedure set forth in Pa.R.C.P. 1910.12.

*  *  *  *  *

 (d)(1) If the moving party fails to appear for the hearing, the hearing officer, upon agreement of the appearing party, shall:

 a) make the Interim Order a Final Order or

 b) dismiss the pleading.

 (2) If the non-moving party fails to appear for the hearing, the hearing officer shall proceed with the hearing.

 (3) Evidence to be received by the hearing officer pursuant to Pa.R.C.P. 1910.12(d) shall include financial information gathered through the regularly conducted business of the Domestic Relations Section, including, but not limited to income tax returns, wage, employment, and asset information.

 (e) Information on the procedure for filing exceptions and the costs associated therewith shall be sent with the proposed order and report of hearing officer to counsel of record and to each party.

 (f) Upon the filing of exceptions, an order shall issue:

 (1) scheduling the matter for argument within 45 days and

 (2) directing the party filing exceptions to obtain a hearing transcript.

*  *  *  *  *

 (h) Failure to comply with the provisions of this rule or the provisions of the order set forth in section (f) above may subject a party to:

 (1) dismissal of the exceptions,

 (2) a finding of contempt after notice and hearing, and imposition of appropriate sanctions.

*  *  *  *  *

 (l) Applications for Continuance

 Applications for continuance shall be made by the attorney of record or a self represented litigant on the Domestic Relations Section Application for Continuance form.

 (1) An application for continuance for any matter scheduled before a conference officer shall be presented to the director of the domestic relations section for decision. Any party dissatisfied with the decision of the director may seek further relief from the family/miscellaneous motions judge.

 (2) An application for continuance for a hearing before a hearing officer shall be presented to the hearing officer for decision. Any party dissatisfied with the decision of the hearing officer may seek further relief from the family/miscellaneous motions judge.

 (3) An application for continuance for a matter scheduled to be heard by a judge shall be presented to the assigned judge, or if the matter is not assigned to a judge, to the family/miscellaneous motions judge.

By the Court

CAROL K. McGINLEY, 
President Judge

[Pa.B. Doc. No. 14-2427. Filed for public inspection November 21, 2014, 9:00 a.m.]



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