Dauphin Cnty. C.P. Rule 1920.43 - Pre-Hearing Divorce Matters, Special Relie...

RULE 1920.43 PRE-HEARING DIVORCE MATTERS, SPECIAL RELIEF,

ADVANCE DISTRIBUTION, DISCOVERY, POST-DIVORCE ISSUES (OTHER THAN EXCEPTIONS TO HEARING

OFFICER’S REPORT)

(a) The Court may assign Petitions for Special Relief and Motions raising pre-trial

and post-divorce issues to the Divorce Hearing Officer.

(b) Any Pre-Hearing or Post-Divorce Petition or Motion in a divorce matter shall

comply with Dauphin County Local Rule 205.2(a)(3)(b).

(1) The filing party shall certify that (s)he disclosed the full text of the Petition

or Motion and Proposed Order to all parties by facsimile or electronic

communication and whether each party concurs or opposes the Petition or

Motion and Proposed Order in accordance with Dauphin County Local

Rule 208.2(d).

(2) If any party opposes the Petition or Motion and Proposed Order, or any

party fails to respond in a timely manner, the Petition or Motion is

contested and the moving party shall attach:

(a) A Rule to Show Cause in accordance with Pa.R.C.P. 206.5;

(b) A Proposed Order;

(c) A Certificate of Service;

(d) A Self-Represented Party Entry of Appearance if unrepresented by

legal counsel.

(3) If all parties concur, the Petition or Motion is uncontested and the filing

party shall attach the proposed agreed Order.

(c) If the Petition or Motion is contested, a Family Court Judge shall issue a Rule to

Show Cause.

(d) (1) Either party shall file an original and one copy of the Request for

Assignment form with the Prothonotary when a response to the Rule to

Show Cause is filed or the time for a response has expired. The

Request for Assignment form shall be in the following form. This form is

available in the Dauphin County Self-Help Center.

_______________________________ : IN THE COURT OF COMMON PLEAS

Plaintiff: DAUPHIN COUNTY, PENNSYLVANIA

:

v. : NO. ______ CV ______

:

_______________________________ : CIVIL ACTION

Defendant: IN DIVORCE

(ATTORNEY FOR MOVING PARTY)(SELF-REPRESENTED MOVING PARTY):

Name: _____________________________________________

Address: ___________________________________________

Phone: ________________ FAX: ___________________ E-Mail: __________________

(ATTORNEY FOR NON-MOVING PARTY) (SELF-REPRESENTED NON-MOVING PARTY):

Name: _____________________________________________

Address: ___________________________________________

Phone: ________________ FAX: ___________________ E-Mail: ____________________

REQUEST FOR ASSIGNMENT TO DIVORCE HEARING OFFICER OR JUDGE

Date Petition for Special Relief/Advance Distribution/Post-Divorce Relief was filed: _________________

Date Rule to Show Cause was issued: _________________

Date Response was filed: ___________________

The matter is ready for assignment to a Judge or Divorce Hearing Officer.

___________________________ __________________________________

Date Signature

(2) The Court Administrator’s Office shall assign the Petition and Response to

a Family Law Judge for review. The Family Law Judge shall either

schedule a hearing, enter an Interim Order and refer the matter to the

Divorce Hearing Officer, or refer the matter to the Divorce Hearing Officer

to address the issues in dispute.

(3) If the Family Law Judge refers the matter to the Divorce Hearing Officer,

the moving party shall file an original and one copy of a Motion for

Appointment of Hearing Officer with the Prothonotary together with the

$75.00 administrative fee in accordance with Dauphin County Local Rule

1920.51 plus any other filing fee required by the Prothonotary.

(4) The Prothonotary shall promptly forward the Motion for Appointment of

Hearing Officer to the Court Administrator’s Office. A Family Court Judge

will appoint the Divorce Hearing Officer to hear the pending matter.

(5) The Divorce Hearing Officer will schedule a Conference.

(6) The Divorce Hearing Officer shall file a Memorandum memorializing the

agreement reached at any Pre-Hearing Conference with the Prothonotary

and shall forward the agreed Order to a Family Court Judge for review.

(7) The Divorce Hearing Officer shall schedule a hearing if an agreement is

not reached at any Conference.

(8) The Divorce Hearing Officer shall file a Report and Recommendation and

Proposed Order with the Prothonotary within twenty (20) days in

uncontested actions or thirty (30) days in contested actions from the date

of the hearing and mail a copy of the Report and Recommendation and

Proposed Order to all counsel and/or self-represented parties.

(9) A party may file exceptions to the Report and Recommendation and

Proposed Order in accordance with Pa.R.C.P. 1920.55-2(b).

(10) If no exceptions are filed, the Prothonotary shall promptly forward the

Report and Recommendation and Proposed Order to the Court

Administrator’s Office for assignment to a Family Court Judge to issue an

Order.

(11) If exceptions are filed, the Prothonotary shall promptly forward the

Exceptions to the Court Administrator’s Office for assignment to a Family

Court Judge for disposition.

(e) A party may file an original and one copy of a Motion For Appointment of Hearing

Officer with the Prothonotary together with the administrative fee of $75.00 plus

any other filing fee required by the Prothonotary to address discovery at any

point after the filing of the Divorce Complaint.