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PA Bulletin, Doc. No. 03-263

THE COURTS

LEBANON COUNTY

Rules of the Court of Common Pleas; Family Division

[33 Pa.B. 880]

Rule 52-FD-1900--General

   A.  All matters involving actions for Protection from Abuse, Support, Custody, Partial Custody and/or Visitation of Minor Children, Divorce or Annulment of Marriage shall be brought in the Family Division of the Court of Common Pleas of Lebanon County.

   B.  All actions and legal documents shall be filed in the manner required by the Prothonotary of Lebanon County, or in matters of support, as required by the Domestic Relations Section of Lebanon County.

   C.  These rules shall be interpreted as supplementing the Rules of Civil Procedure governing domestic actions (Pa.R.C.P. 1900 et seq.).

Rule 52-FD-1910.4--Commencement of Action

   A.  All pleadings and legal papers filed involving child support, spousal support, or paternity shall be filed in duplicate with the Domestic Relations Section.

   B.  If a claim for child or spousal support is raised ancillary to divorce litigation, it shall be referred to the Domestic Relations Section for disposition, and it shall be controlled by the procedural Rules governing child or spousal support claims made not ancillary to divorce litigation. The party or attorney filing a complaint in Divorce with claims for child or spousal support shall file a separate complaint for child or spousal support with the Domestic Relations Section.

Rule 52-FD-1910.10--Alternative Hearing Procedures

   A.  The Court of Common Pleas of Lebanon County adopts the alternative hearing procedure set forth in Pa.R.C.P. 1910.12.

   B.  The Court shall appoint a minimum of one Domestic Relations Hearing Officer who shall hear all cases involving claims for support. The Domestic Relations Hearing Officer list shall consist of one or more members of the Bar of this Court experienced in family law who shall serve at the pleasure of the Court.

   C.  Proceedings before a Domestic Relations Hearing Officer shall be on the record and recorded by a Court Reporter employed by the Court of Common Pleas. The notes of testimony shall not be transcribed unless: (1)  required by the Domestic Relations Hearing Officer to prepare the report and recommendation to the Court; or (2)  ordered by the Court following the filing of exceptions.

   (a)  It shall be the responsibility of the party first filing exceptions to obtain an order directing the transcription of the notes of testimony if desired. The party filing the exceptions shall bear the costs of the original transcript.

   (b)  If both parties file exceptions, the cost of the original transcript shall be borne by the parties equally. Nothing herein shall prevent the Court from thereafter reallocating the cost of the transcript as part of a final order.

   (c)  Should neither party request a transcript, exceptions shall be decided by the Court on the basis of the record provided.

Rule 52-FD-1915.4-5--Custody Conciliation--Post Hearing Procedure

   A.  SETTLED CASE: If, prior to or during the custody conciliation process, the parties are able to reach an agreement, the Conciliator or the parties may submit a stipulation, motion for adoption of stipulation, and a proposed order of court to the Prothonotary. The Prothonotary shall then transmit the file to the Court for disposition of the matter.

   B.  CONTESTED CASE: Within ten days of the conclusion of the hearing, when the case remains contested, the Conciliator shall prepare and file a Summary Report. This report shall also become a part of the Court record and upon being submitted to the Court shall also be served upon the parties by the Prothonotary.

   (1)  The Summary Report shall include inter alia, the following:

   (a)  A synopsis of the facts gathered by the Conciliator during the conference and the hearing.

   (b)  A recommendation by the Conciliator regarding custody of the subject child(ren).

   (c)  A recommendation for allocation of costs and expenses between the parties.

   (d)  The names of counsel for the parties.

   (e)  An estimate of the length of the hearing to be conducted by the Court.

   (f)  A copy of the information provided to the Conciliator as required by Local Rule 1915.4-3C.

   (g)  A proposed order for the [establishment of a hearing date] adoption of the recommendation before the Court.

   (2)  Either party shall be permitted to present a petition with proposed order for a hearing de novo before the Court within fourteen (14) days of the date of filing of the Summary Report. The recommendation of the Conciliator shall remain in effect until further Order.

   (a)  If no request for a de novo hearing is presented within the time provided, upon motion of the Conciliator, the recommendation of the Conciliator regarding custody shall be adopted as an Order of this Court.

   These Rules shall become effective April 1, 2003.

ROBERT J. EBY,   
President Judge

[Pa.B. Doc. No. 03-263. Filed for public inspection February 14, 2003, 9:00 a.m.]


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