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PA Bulletin, Doc. No. 06-2011

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Local Rules of Civil Procedure; No. 10130 of 2001

[36 Pa.B. 6282]
[Saturday, October 14, 2006]

Order

   Local Rules L1910A, L1910B, L1910C, L1910D, L1910E and L1910F, are adopted as follows effective (30) days after publication in the Pennsylvania Bulletin. All existing Rules which are inconsistent with the foregoing Rules are revoked when the new Rules become effective.

   The Court Administrator of Beaver County shall transmit certified copies of this Order and the Rules as follows:

   (1)  7 with the Administrative Office of Pennsylvania Courts;

   (2)  2 and a computer diskette containing the text of the Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   (3)  1 with the Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania;

   (4)  1 copy shall be kept continuously available for public inspection and copying by the Domestic Relations Division of the Court;

   (5)  1 copy with the Law Library of Beaver County and,

   (6)  1 copy with the Legal Journal of Beaver County for publication therein.

By the Court

ROBERT E. KUNSELMAN,   
President Judge

1910 ACTIONS FOR SUPPORT

Rule L1910A Procedure

   (a)  Actions for support shall proceed as prescribed by PA.R.C.P. 1910.11.

   (b)  Continuances--A conference scheduled as a result of the filing of a complaint or petition shall be continued by the Domestic Relations Section only if the parties, or their counsel, agree thereto in writing or if an order of Court is obtained directing the same. A motion seeking such an order shall be presented in Motions Court after appropriate notice of same is given to the opposing party or that party's lawyer pursuant to local rule LR206B.

   (c)  Demand For De Novo Hearing--A demand for de novo hearing filed after the entry of an Interim Order following a Domestic Relations conference should set forth the issues to be raised with specificity. A copy of the demand for de novo hearing is to be served within five days of its filing upon the opposing party or that party's counsel of record.

Rule L1910B Appearance of Counsel

   (a)  All counsel shall file a Praecipe for Appearance with the Domestic Relations Section, which includes the attorney's name, business address, telephone and facsimile numbers, and Supreme Court identification number. If counsel fails to enter his or her appearance as prescribed by this Rule, he or she shall not be entitled to receive copies of orders, notices, or other record matters.

   (b)  Following entry of a final order from the matter for which counsel entered his or her appearance as set forth in L-1910.12(b), counsel may withdraw his or her appearance by filing of record a praecipe to withdraw to which is attached a certificate of service on that attorney's client as well as on the opposing party or that party's counsel forthwith.

Rule L1910C Special Relief Orders

   All petitions or motions seeking immediate relief shall be presented to the assigned Motions Judge after notice of same is given to the opposing party or that party's counsel of record pursuant to local rule LR206B.

   A copy of any such petition or motion which is anticipated to be contested shall be delivered to the Motions Judge at least twenty four hours prior to presentation.

Rule L1910D Temporary Suspension of Order

   (a)  An enforcement officer of the Domestic Relations Division who suspends or adjusts any order in the absence of an order to do so, must send written notification of the suspension or adjustment, and the reason therefore, to all parties the same day that the action is taken.

   (b)  Any party may under circumstances where it is anticipated that continuation of a support order will result in an uncollectible overpayment of that obligation petition the court for a suspension of the obligation in accordance with Rule L1910C.

Rule L1920E Review of Court Files

   Parties, and their attorneys of record in the Domestic Relations action, may upon written request at the Domestic Relations Office view the entire file maintained by the Domestic Relations Office, with the exception of the confidential notes of the hearing officers. No documents from the file may be removed from the Domestic Relations Office.

Rule L1920F Marriage Settlement Agreement and Divorce Decree

   A party who wishes to terminate an alimony pendente lite obligation or to initiate enforcement of an alimony obligation in accordance with the terms of a divorce decree or a decree with marriage settlement agreement shall forward a true and correct copy of the decree to the Domestic Relations Division with a copy of the request forwarded to the opposing counsel or the opposing party if not represented by counsel. Unless the decree or decree with marriage settlement agreement specifically directs collection of alimony by the Domestic Relations Division, the Domestic Relations Division will not enforce collection without a court order.

[Pa.B. Doc. No. 06-2011. Filed for public inspection October 13, 2006, 9:00 a.m.]


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