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PA Bulletin, Doc. No. 16-1126

THE COURTS

LYCOMING COUNTY

2016 Amendments to the Rules of Civil Procedure; Doc. No. 16-00006

[46 Pa.B. 3417]
[Saturday, July 2, 2016]

Order

 And Now, this 8th day of June, 2016, it is hereby Ordered and Directed as follows:

 1. Lycoming County Rules of Civil Procedure L205.2 and L1910.12 shall be amended as follows. (Bold is new language; bracketed bold is removed language.)

 2. The Prothonotary is directed to:

 a. File one (1) certified copy of this order with the Administrative Office of the Pennsylvania Courts.

 b. Forward two (2) certified copies of this order and a computer disk containing the text of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 c. Forward one (1) certified copy of this order to the Pennsylvania Civil Procedural Rules Committee by mail and also email a copy of the rule to the Committee at civil.rules@pacourts.us.

 d. Forward one (1) certified copy of this order to the Pennsylvania Domestic Relations Procedural Rules Committee by mail.

 e. Forward one (1) copy of this order to the chairman of the Lycoming County Customs and Rules Committee.

 3. The revisions shall become effective 30 days after the publication of this order in the Pennsylvania Bulletin.

By the Court

NANCY L. BUTTS, 
President Judge

L205.2. Filing Legal Papers with the Prothonotary.

 (a) * * *

 (b) Required cover sheets.

 A. * * *

 B. Motion Cover Sheet. The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court or family court hearing officer, except a motion for a continuance (see rule [L205.2(b)c] L216 regarding continuance) [and exceptions to a Family Court Order (see Rule L1910.12 regarding exceptions)].

L1910.12. Exceptions Procedure.

 A. This procedure shall apply to:

 1. all exceptions to the report and recommendation entered with respect to claims filed in or collected through the domestic relations office; and,

 2. all exceptions to the report and recommendation entered with respect to claims raised in a divorce action and which have not been filed in or collected through the domestic relations office.

 B. The exceptions and [two copies] one copy shall be filed with the prothonotary, and shall have attached to them a copy of the order to which the exceptions have been taken. A rule L205.2(b)B motion cover sheet is required. The cover sheet shall indicate whether or not a transcript of the Family Court hearing is required.

 C. Hearing Date.

 1. Upon the filing of exceptions under subparagraph A.1, above, a date for argument will be scheduled on the first available domestic relations hearing date occurring 21 days or more following the date of mailing of the temporary order.

 2. Upon the filing of exceptions under subparagraph A.2, above, a date for argument will be scheduled on the first available miscellaneous date 21 days or more following the date of mailing of the temporary order.

 [D. At the argument, the parties will be required to stipulate on the record to all relevant facts which are not in dispute. If all of the facts necessary for resolution of the exceptions cannot be presented by way of stipulation, the court will direct preparation of a complete transcript of the proceedings held before the hearing officer, and require the posting of a deposit within a certain time period for preparation of the transcript by the party filing exceptions, or by both parties if cross-exceptions are filed, excepting any party who may have been granted leave to proceed in forma pauperis. The judge may also direct that further argument be held after the transcript is filed.

 E. Upon completion and filing of any transcript ordered, the exceptions will be resolved based upon the argument previously presented to the court and the transcript, along with any exhibits previously entered into the record. Unless directed by the court, no further proceedings will be scheduled. Final allocation of the cost of the transcript, including any payment by a party who was previously excused from posting a deposit, will be ordered upon resolution of the exceptions.

 F. If the deposit for the transcript is not paid as directed under sub-paragraph D, above, all exceptions may be decided by the court based upon the findings of fact made by the family court hearing officer.]

[Pa.B. Doc. No. 16-1126. Filed for public inspection July 1, 2016, 9:00 a.m.]


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