Dauphin Cnty. C.P. Rule 1920.51 - Equitable Distribution, Divorce, Annulment...

1920.51 EQUITABLE DISTRIBUTION, DIVORCE, ANNULMENT, ALIMONY,

COUNSEL FEES, COSTS AND EXPENSES

1) The Divorce Hearing Officer shall hear annulment, divorce, economic claims in

divorce including alimony, equitable distribution, counsel fees, costs and

expenses or any aspect thereof.

(2) Any party shall file an original and a copy of the Motion for Appointment of

Hearing Officer with the Prothonotary if proceeding under Dauphin County Local

Rule 1920.51. If a Hearing Officer was previously appointed because of pretrial

or discovery matters, the administrative fee of $75.00 plus any filing fee required

by the Prothonotary shall be paid to the Prothonotary. If a Hearing Officer has

not been previously appointed, an administrative fee of $150.00 plus any filing

fee required by the Prothonotary shall be paid to the Prothonotary. The Motion

for Appointment of Hearing Officer shall be in form prescribed by Dauphin County

Local Rule 1920.74(a).

(3) The Motion shall include the following attachments:

(a) An updated Income and Expense Statement in the form required by

Pa.R.C.P. 1910.27(c)(1).

(b) An updated Inventory and Appraisement in the form required by

Pa.R.C.P. 1920.75.

(c) A proposed Order appointing the Hearing Officer and scheduling a

Preliminary Conference in the form prescribed by Dauphin County Local

Rule 1920.74(b).

(d) A Certificate of Service.

(e) A Self-Represented Entry of Appearance if the filing party is

unrepresented by legal counsel.

(4) The Prothonotary shall forward the Motion for Appointment of Hearing Officer to

the Court Administrator’s Office. A Family Court Judge shall appoint the Divorce

Hearing Officer and the Divorce Hearing Officer shall schedule a Preliminary

Conference with the parties and their legal counsel.

(5) At the Preliminary Conference, the Divorce Hearing Officer shall address all

outstanding pre-trial matters with counsel and the parties.

(6) Following the Preliminary Conference, the Divorce Hearing Officer shall schedule

a Settlement Conference with the parties and their legal counsel.

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(7) Following both the Preliminary Conference and the Settlement Conference, the

Divorce Hearing Officer shall prepare a Memorandum memorializing any

agreements and schedule the matter for a hearing on all remaining contested

issues.

(8) The Divorce Hearing Officer shall file the Memorandum with the Prothonotary

and mail a copy of the Memorandum to all legal counsel and self-represented

parties in accordance with Pa.R.C.P. 1920.51.

(9) The Court shall pay a stenographer’s appearance fee if a court reporter not

employed by Dauphin County transcribes the hearing testimony; however the

cost of any transcripts requested by the parties shall be borne by the parties.

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

Proposed Order with the Prothonotary in accordance with the Pennsylvania

Rules of Civil Procedure.

(11) A copy of the Report and Recommendation and Proposed Order shall be mailed

to counsel and self-represented parties with written notice of the right to file

Exceptions.

(12) If the parties request a transcript, the Divorce Hearing Officer may delay the filing

of the Report and Recommendation and Proposed Order or file a

Supplemental Report and Recommendation and Proposed Order in

accordance with the Pennsylvania Rules of Civil Procedure.

(13) If no timely 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. If a Family Court

Judge has handled a contested family law case for that family, the matter will be

assigned to that Judge.

(14) An original and a copy of Exceptions to the Divorce Hearing Officer Report and

Recommendation shall be filed with the Prothonotary’s Office along with a Prior

Court Involvement Statement in accordance with Dauphin County Local Rule

1931. This form is available in the Dauphin County Self-Help Center.

(15) The Prothonotary shall forward the Exceptions to the Report and

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

Court Judge. If a Family Court Judge has handled a contested family law case

for that family, the matter will be assigned to that Judge.

(16) The Court shall promptly issue an Order scheduling a conference, the filing

of briefs and/or oral argument.

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