THE COURTS

Title 255--LOCAL
COURT RULES

NORTHUMBERLAND COUNTY

Revision of Rules to Conduct Custody Proceedings in Accord with Pa.R.C.P. No. 1915.4-1 and 1915.4-2; Misc. No. 09-51

[39 Pa.B. 679]
[Saturday, February 7, 2009]

Order

   And Now, this 20th day of January, 2009, the Court approves and adopts the attached Northumberland County Local Rules NCV-1915.4, NCV-1915.4-1 and NCV-1915.4-2, effective thirty days after the date of publication in the Pennsylvania Bulletin, and the following local rules governing custody are hereby rescinded: NCV-1915.1, NCV-1915.3 and NCV-1920.32.

   The Court Administrator is directed to publish this Order and attached Locals Rules once in the Northumberland County Legal Journal. In accordance with Pa.R.C.P. No. 239, copies of the said local rules shall be filed or distributed as follows:

   1.  Seven certified copies to the Administrative Office of the Pennsylvania Courts;

   2.  Two certified copies and a computer diskette to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   3.  One certified copy to the Domestic Relations Procedural Rules Committee; and

   4.  Two copies to the Prothonotary to be continually available for public inspection and, upon request, the Prothonotary shall furnish a copy of any local rule to any person after payment of reasonable costs of reproduction and mailing.

   By the Court:

ROBERT B. SACAVAGE,   
President Judge

Rule NCV-1915.4.  Custody Pre-Hearing Conference

   (a)  Upon the filing of any claim i.e. a pleading, or modification petition, for custody, partial custody or visitation, a proposal shall be attached referring the matter to the Domestic Relations Hearing Officer for a pre-hearing conference. The moving party shall file the original and a copy of the document with the Prothonotary who shall then forward the copy to the Custody office for scheduling purposes.

   (b)  A pre-hearing conference shall be scheduled no sooner than ten days after the pleading commencing the action has been filed.

   (c)  The pre-hearing conference shall be held to identify the issues of fact and law and to explore the possibilities of a negotiated consent order.

   (d)  The conference may proceed even if the respondent fails to appear.

   (e)  If an agreement is reached at the conference, the court will enter a consent order in the following form:

   And Now, this __ day of ____ , 200__ , the attached stipulation of the parties is incorporated by reference and made an Order of this Court with full force and effect for enforcement.

   By the Court:

_________________

J.         

   (f)  If an agreement is not reached, the parties should be promptly provided a date and time for a hearing before the Domestic Relations Hearing Officer, or upon motion of a party in actions where (1) there are complex questions of law, fact or both or (2) the parties certify to this Court that there are serious allegations affecting the child's welfare, before a judge.

Rule 1915.4-1.  Notice of Hearing--Conduct of Hearing

   (a)  The hearing before the Domestic Relations Hearing Officer shall be scheduled no sooner than fifteen (15) days after the order setting the time and date for hearing, but in no event shall be more than forty-five (45) days from the date of the conference. An interim order may be entered following the conference, usually to maintain the status quo, based upon a recommendation of the Domestic Relations Hearing Officer, until a full hearing can be held.

   (b)  Hearings shall be stenographically recorded, and witnesses may be sequestered. The hearing officer may recommend to the court that the parties and/or the child or children submit to examination and evaluation by experts. A stenographer appearance fee of $50.00 will be assessed as costs against each party.

   (c)  The hearing officer shall file with the court and serve the parties a report and recommendation no later than ten (10) days after the conclusion of the hearing. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order.

Rule 1915.4-2.  Exceptions to Hearing Officer's Report--Order

   (a)  Within twenty (20) days after the date the Domestic Relations Hearing Officer's report has been mailed to the parties, exceptions may be filed by any party to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to the entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within twenty (20) days of the date of service of the original exceptions.

   (b)  If no exceptions are filed within the twenty day period, a final order will be entered upon praecipe of a party.

   (c)  If exceptions are filed, the costs of transcription of the testimony shall be the responsibility of the party or parties taking the same, unless otherwise ordered by the court.

   (d)  Exceptions shall be served upon the Domestic Relations Hearing Officer, the Court Administrator and opposing counsel. A scheduling form shall be delivered to the Court Administrator, to be scheduled as a civil motions matter to be heard within forty-five days of the date the last party files exceptions.

   (e)  No exceptions may be filed to the final order.

[Pa.B. Doc. No. 09-191. Filed for public inspection February 6, 2009, 9:00 a.m.]

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