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PA Bulletin, Doc. No. 21-243

THE COURTS

Title 255—LOCAL COURT RULES

SCHUYLKILL COUNTY

Local Rules of Civil Procedure 1915.4-2 and 1915.4(f-1) Relocation; S-191-2021

[51 Pa.B. 904]
[Saturday, February 20, 2021]

Order of Court

 And Now, this 9th day of February, 2021, at 3:30 p.m., the Schuylkill County Court of Common Pleas hereby rescinds Local Rules of Civil Procedure No. 1915.4-2 and No. 1915.4(f-1) for use in the Schuylkill County Court of Common Pleas, Twenty-First Judicial District, effective 30 days after publication in the Pennsylvania Bulletin.

 The Schuylkill County District Court Administrator is Ordered and Directed to do the following:

 1) File one (1) copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts via email to rulescommittees@pacourts.us.

 2) File two (2) paper copies of this Order and Rule and (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish the local rule on the Schuylkill County Court website at www.co.schuylkill.pa.us.

 4) Incorporate the local rule into the set of local rules on www.co.schuylkill.pa.us within thirty (30) days after publication in the Pennsylvania Bulletin.

 5) File one (1) copy of the local rule in the Office of the Prothonotary for public inspection and copying.

 6) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Rule 1915.4-2. Office Conference. Hearing. Record. Exceptions. Order.

 (b.1) Relocation

 (1) In cases of relocation where primary custody is not in dispute, the hearing officer shall schedule a hearing within fourteen days after the case is assigned for hearing.

 (2) Within seven days of the conclusion of the hearing, the hearing officer shall file with the court and serve upon all parties a report in conformance with Pa.R.C.P. No. 1915.4-2(b)(3).

 (3) Exceptions to the hearing officer's report, with an accompanying brief, shall be filed by a party excepting to the hearing officer's report within fourteen days after the report is mailed. A party who opposes exceptions filed by another party shall file an opposing brief within ten days after service of the exceptions.

 (4) When exceptions are filed to the hearing officer's report, the Custody Office shall immediately notify the stenographer, who shall complete and file the transcript of the proceedings before the hearing officer within twenty days. Unless granted leave by the court to proceed in forma pauperis, the party filing exceptions shall pay the cost of transcription. If exceptions are filed by more than one party, the transcription costs shall be shared by the excepting parties on a pro rata basis. The transcription costs shall be paid within twenty days of the date of filing exceptions. If the costs are not timely paid, the stenographer shall so notify the court after which the exceptions of the non-paying party may be dismissed.

 (5) Exceptions to the hearing officer's report shall be decided on the parties' briefs unless oral argument is requested by praecipe of one of the parties.

 (g) A party who files exceptions to the hearing officer's report pursuant to Pa.R.C.P. 1915.4-2(g) shall contemporaneously file a supporting brief and serve a copy of the exceptions and brief on all other parties. Any party opposing exceptions to the hearing officer's report shall, within twenty (20) days after being served with exceptions, file a brief in opposition thereto and serve the opposing parties with a copy thereof.

 When the exceptions are filed to a hearing officer's report, the Custody Office shall immediately notify the stenographer, who shall complete and file the transcript of the proceedings before the hearing officer within thirty (30) days. Unless granted leave by the Court to proceed in forma pauperis, the party filing exceptions shall pay the cost of transcription. If exceptions are filed by more than one party, the transcription costs shall be shared by the excepting parties on a pro rata basis. The transcription costs shall be paid within thirty (30) days of the date of filing exceptions. If the costs are not timely paid, the stenographer shall so notify the Court after which the exceptions of the non-paying party may be dismissed.

 (i) The exceptions to the hearing officer's report shall be decided on the briefs of the parties unless oral argument is requested by praecipe of one or more parties.

Rule 1915.4. Prompt Disposition of Custody Cases.

 (f.1) Relocation—If at the conclusion of the conciliation conference, a custody relocation case remains contested, the Custody Conciliation Officer shall determine if a party is seeking a change in primary custody, partial custody, or visitation. Where primary custody is in dispute, the case shall be transferred to the Civil Court Administrator for assignment to a Judge to be expeditiously heard. Where partial custody or visitation is in dispute, the case shall be transferred to a hearing officer.

[Pa.B. Doc. No. 21-243. Filed for public inspection February 19, 2021, 9:00 a.m.]


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