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PA Bulletin, Doc. No. 02-2267

THE COURTS

Title 255--LOCAL
COURT RULES

LEHIGH COUNTY

Adoption of Local Rule of Civil Procedure 1910.12 Pertaining to Support; No. 2002 J 106

[32 Pa.B. 6250]

Order

   Now, this 4th day of December, 2002, It Is Ordered that the annexed Lehigh County Rule of Civil Procedure 1910.12 pertaining to support in the 31st Judicial District composed of Lehigh County be, and the same is, promulgated herewith, to become effective on the 30th day following publication of this rule in the Pennsylvania Bulletin.

   The Court Administrator of Lehigh County is directed to:

   1.  File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Domestic Relations Procedural Rules Committee.

   4.  File one (1) copy with the Clerk of Courts of the Lehigh County Court of Common Pleas.

   5.  Forward one (1) copy for publication in the Lehigh County Law Journal.

By the Court

WILLIAM H. PLATT,   
President Judge

Rule 1910.12.  Hearing Procedure

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

   (b)  The interim order entered pursuant to Pa.R.C.P. 1910.12(b)(1) shall state that any party may within ten (10) days after the mailing of a copy of the order file a written demand with the Domestic Relations Section for a hearing before the Hearing Officer.

   A demand for a hearing before the Hearing Officer shall not stay the order entered under Pa.R.C.P. 1910.12 (b)(1) unless the Court so directs.

   If no party demands a hearing before the Hearing Officer within the 10-day period, the order shall constitute a final order.

   If a demand for a hearing is filed, there shall be a hearing de novo before the Hearing Officer. The Domestic Relations Section shall schedule the hearing and give notice to the parties.

   (c) The Hearing Officer shall receive evidence, hear argument and file with the Court a report containing a recommendation with respect to the entry of an order of support, in conformance with Pa.R.C.P. 1910.12(d). Thereafter, the case shall proceed in accordance with Pa.R.C.P. 1910.12 (e) through (h).

   (d) Testimony before the Hearing Officer shall be recorded by a monitor or stenographer, but shall not be transcribed unless exceptions are filed to the Hearing Officer's decision. If exceptions are filed, it shall be the responsibility of the party who first files exceptions to obtain an order directing that the notes of testimony be transcribed. The party filing the exceptions shall bear the cost of the original transcript. If both parties file exceptions, the cost of the original transcript shall be shared equally. Nothing herein shall prevent the Court from thereafter reallocating the costs of the transcript as part of a final order.

[Pa.B. Doc. No. 02-2267. Filed for public inspection December 20, 2002, 9:00 a.m.]


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