Lebanon Cnty. C.P. Family Division Rules C

Procedure governing domestic actions (Pa.R.C.P. 1900 et seq.).

ACTIONS PURSUANT TO PROTECTION FROM ABUSE ACT

RULE 52-FD-1901.3-COMMENCEMENT OF ACTION

Petitions requesting protection under the Protection from Abuse Act may be

initiated pro se. Any individual desiring to file a pro se petition for Protection

from Abuse shall have access to the appropriate petition forms and assistance in

filing in the Court Administrator’s Office or other designated location in the

Municipal Building of Lebanon County.

ACTIONS FOR SUPPORT

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-1910.12 –

A. Court Calendar

The Court shall sit for the purpose of conducting Domestic Relations

Hearings and Oral Argument in accordance with the annual Court

calendar.

B. Argument on Exceptions

After hearing, if Exceptions are filed to the Recommendations of the

Domestic Relations Hearing Officer, the Court shall hear argument

upon the Exceptions in accordance with Pa.R.C.P. Rule 1910.12(h);

except that upon written Stipulation of counsel, or the parties if

unrepresented, Oral Argument upon Exceptions may be waived.

RULE 52-FD-1910.16-COSTS

A. In all proceedings, the Domestic Relations Hearing Officer may make

a determination as to the parties’ liability for payment of costs or

allocation thereof which shall be included in the recommendation.

B. In matters requiring disposition following lodging of Exceptions, the

Court may assess costs accordingly, which may include costs for the

preparation of the transcript of the hearing before the Domestic

Relations Hearing Officer.

C. Compensation of the Domestic Relations Hearing Officer shall be as

established by Administrative Order.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF

MINOR CHILDREN

RULE 52-FD-1915.4-2 – REFERRAL OF COMPLAINT AND PROPOSED

ORDER FOR CUSTODY CONCILIATOR

A. The Court shall appoint at least two (2) custody conciliators who shall

hear all cases involving claims for custody. The custody conciliator

list shall consist of at least two (2) members of the Bar of this Court

experienced in family law who shall serve at the pleasure of the Court.

B. Upon being filed with the Prothonotary, a complaint relating to child

custody and/or visitation shall be accompanied by a proposed order

for appointment of a Custody Conciliator and thereafter served upon

the opposing party(ies). The Conciliator shall forthwith set the time,

date and place for a Conciliation Conference.

C. Deposits for fees and costs.

(1) Upon filing a complaint with proposed Order for the

Appointment of a Custody Conciliator, the moving party shall

deposit with the Prothonotary a fixed sum to be set by

Administrative Order.

(a) Parties proceeding In Forma Pauperis are exempt from

payment of this sum.

(2) To assure prompt payment for the services of the Conciliator,

an additional deposit may be ordered by the Conciliator to be

deposited with the Prothonotary. This amount, if any, shall be

determined by the Conciliator upon a review of the issues

raised in the pleadings, the complexity of the issues, the

anticipated length of the hearing and the time estimated to

prepare the Summary Report. The Conciliator shall determine

how the deposit shall be allocated between the parties and shall

fix the deadline for payment. The order shall have the same

force and effect as if imposed by the Court. Failure of a party

to pay the designated amount by the date set by the Conciliator

could be cause for finding that party in contempt of court or the

imposition of such other sanctions as may be appropriate.