Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 02-2217

THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 76 Misc. 2002

[32 Pa.B. 6090]

Adopting Order

   And Now, this 21st day of November, 2002, it is hereby Ordered:

   1.  Somerset County Rule of Civil Procedure 1910.12 (Som.R.C.P. 1910.12), Office Conference. Hearing. Exceptions, is amended to read in its entirety, as reflected in revised Som.R.C.P. 1910.12, following hereto, effective thirty (30) days after publication in The Pennsylvania Bulletin.

   2.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the attached Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order and the following Rule with the Pennsylvania Civil Procedural Rules Committee and one (1) certified copy of this Order and the following Rule with the Pennsylvania Domestic Relations Procedural Rules Committee.

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

RULES OF COURT

Support.

Som. R.C.P. 1910.12.  Office Conference. Hearing. Exceptions.

   A.  Promptly upon the filing of any complaint or request for modification or termination, the Domestic Relations Section shall schedule a conference, issue a scheduling order, and distribute a copy thereof to all counsel of record, and to all parties, whether or not represented by counsel of record.

   B.  The Domestic Relations Section may continue and reschedule the conference as may be necessary or convenient according to the needs and available facilities of the Section and as may be fair and reasonable to the parties, provided, however, that no more than two continuances for each party and no more than three continuances in the aggregate, shall be granted, unless Court approval is first obtained. If Court approval is required, a written Motion for Continuance, specifying the reasons therefor, shall be presented to the Motions Judge. Continuances requiring Court approval will be granted only in extraordinary circumstances.

   C.  With the approval of the Domestic Relations Section, the parties or counsel may waive notice and agree to a date and time for conference.

   D.  If an agreement for support is reached at the conference, the written Order and recommendation referred to in Som. R.C.P. 1910.11(d) shall be transmitted to the Court in accordance with established assignment and Motions Judge practice. Upon receipt of the written Order and recommendation, the Judge shall either approve the recommendation and enter the Order, or disapprove the recommendation. Upon approval, the Domestic Relations Section shall promptly distribute a copy of the Order to each party and counsel.

   E.  If the parties do not reach agreement at the conference, or if the responding party does not appear at the conference, the Conference Officer shall submit to the Court, in accordance with established assignment and Motions Judge practice, a recommended Interim Order, to be entered by the Court as required by Pa.R.C.P. 1910.12, and if a party confirms that hearing is desired, and if the fee is paid as required by subparagraph F. of this Rule, the case shall be scheduled for a hearing before the Hearing Officer.

   F.  The hearing before the Hearing Officer will be scheduled only upon payment by the party desiring a hearing of a fee of $25.00 within ten (10) days after the date of mailing of the Interim Order, as provided for in subparagraphs 1. and 2., unless excused for cause by further court order. If the fee is not paid or waived within the required ten (10) day period, hearing will not be scheduled and the Interim Order will become the final order.

   1.  After the conference is completed, the Conference Officer will advise the parties present that a hearing before the Hearing Officer will be scheduled, if desired, upon payment of a fee of $25.00 by the party desiring the hearing, that the fee must be paid within ten (10) days after the date of mailing of the Interim Order, and that if not paid within the required ten (10) day period, hearing will not be scheduled and the Interim Order will become the final order.

   2.  If a responding party does not appear at the conference, the Conference Officer will mail with the Interim Order, a notice to the absent party that a hearing before the Hearing Officer will be scheduled, if desired, upon the payment of a $25.00 fee by the party desiring the hearing, that the fee must be paid within ten (10) days of the date of mailing of the Interim Order and notice, and that if the fee is not paid within the required ten (10) day period, a hearing will not be scheduled and the Interim Order will become the final order.

   3.  Payment shall be made to the Somerset County Domestic Relations Section and shall be clearly identified as ''HEARING FEE.''

   G.  When a hearing is to be scheduled before the Hearing Officer, the Domestic Relations Section shall schedule the hearing, issue a scheduling order, and distribute a copy thereof to all parties and counsel.

   H.  The Hearing Officer shall conduct the hearing and proceed otherwise as provided in Pa.R.C.P. 1910.12.

   I.  If exceptions are filed pursuant to the provisions of Pa.R.C.P. 1910.12(f), the Domestic Relations Section shall provide a copy of the exceptions to opposing counsel and unrepresented parties.

   1.  In addition to any other required fee, and unless otherwise ordered, a party filing exceptions shall pay a filing fee of $30.00 to the Domestic Relations Section at the time the exceptions are filed.

   2.  Unless otherwise ordered, or unless certification is submitted pursuant to subparagraph H.4.(ii) of this Rule, a party filing exceptions shall also present to the Domestic Relations Section, at the time the exceptions are filed, a check or money order in the amount of $25.00, made payable to the stenographer, as a non-refundable advance payment toward record transcription.

   3.  Upon presentation of the check or money order pursuant to the requirements of the foregoing subparagraph H.1. of this Rule, or timely presentation of Order excusing payment, the Domestic Relations Section will transmit to the stenographer, the check or money order, if any, or a copy of the Order excusing payment.

   a.  If payment has been excused, the stenographer will immediately commence transcribing the record.

   b.  If payment has not been excused, upon receipt of the advance payment, the stenographer shall provide to the excepting party or parties a statement of the balance due for transcription. Within ten (10) days of the mailing of the stenographer's statement, the excepting party shall pay the balance due directly to the stenographer. Where both parties have filed exceptions, each party shall pay an amount equal to one-half of the balance of the costs due. If the stenographer does not receive payment of the balance due within the time limit required by this Rule, the stenographer shall immediately notify the Domestic Relations Section.

   c.  If only one party has filed exceptions and that party has failed to make the advance payment or other amounts due for the cost of transcription within the required time limit, no transcript will be prepared.

   d.  If both parties file exceptions and one of the parties fails to make a required payment within the time limits required by this Rule, the transcript shall be prepared, with the total cost to be paid by the non-defaulting party prior to the date set for argument. A party who fails to make payment within the time limits required by this Rule will not be permitted to rely on the transcript in support of the exceptions.

   4.  A party filing exceptions will be excused from paying for a transcript only if (i) a Motion To Proceed In Forma Pauperis is presented to, and approved by, the Court within the ten (10) day period allowed for filing of exceptions; or (ii) a certification is filed within the ten (10) day period allowed for filing of exceptions, certifying that the record is not necessary for disposition of the exceptions.

   5.  Exceptions, when filed, shall contain, or have attached, a written certification that the required deposit has been paid, or that payment is not required by Court Order or because a transcript is not necessary for disposition of the exceptions. A copy of the Court Order or certification shall be attached to the exceptions. If the certification and attachments are not filed as required, no transcript will be prepared.

   6.  Any party requesting reallocation of the cost of transcription shall raise the matter specifically before the Court at argument on the exceptions, or the issue of reallocation shall be deemed waived by that party.

   7.  Advance payment of the transcript costs within the time limits required by this Rule shall be mandatory, unless a party is permitted to proceed in forma pauperis after petition to the Court, or unless otherwise excused by the provisions of this Rule. If the costs are not paid within the time limits required by this Rule, no transcript will be prepared.

   J.  Upon filing of exceptions, the Domestic Relations Section shall notify the Court Administrator, who shall schedule the same for argument, sec. reg. Upon issuance of the order listing the case for argument, the Domestic Relations Section shall notify counsel and parties of the date, time, and place of the argument.

   K.  Following argument on the exceptions, the Court will enter an appropriate final order in the case, copy of which shall be distributed by the Domestic Relations Section to counsel and unrepresented parties.

[Pa.B. Doc. No. 02-2217. Filed for public inspection December 13, 2002, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.