Lebanon Cnty. C.P. Family Division Rules F

meaningful exchanges between the parties and their respective

counsel, any statements made by the parties, or their witnesses, shall

not be admissible as evidence in Court and no record shall be made of

the proceedings. The Conciliator shall not be a witness at any

subsequent proceeding.

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 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.

RULE 52-FD-1915.4-6 – NONAPPEARANCE AT HEARING BEFORE

CONCILIATOR

A. If a plaintiff/petitioner fails to appear, without proper cause shown, at

the hearing before the Conciliator, and the Conciliator is satisfied that

proper notice of the order fixing the hearing has been given to the

Plaintiff, he/she shall recommend to the Court that an order be entered

dismissing the complaint, which may include a recommendation

regarding costs.

B. If a defendant/respondent or party joined in the case fails to appear,

without proper cause shown, at the hearing before the Conciliator, and

the Conciliator is satisfied that proper service of the order has been

given to the defendant or non-appearing party, it shall be presumed

that said party has agreed to a hearing in his absence, and the

Conciliator shall proceed to then conduct a hearing and make findings

of fact, conclusions of law, and recommend an order to be entered by

the Court.

C. If all parties fail to appear at a hearing before the Conciliator, and the

Conciliator is satisfied that proper service has been given to all

parties, he/she shall recommend to the Court that an order be entered

dismissing the complaint with costs to be assessed to the

plaintiff/petitioner.

RULE 52-FD-1915.4-7 – NOTICE OF DISPOSITION BY COURT

The Prothonotary shall give notice forthwith of all final Court Orders to all

counsel of record and to parties without counsel of record.

RULE 52-FD-1915.7 - UNCONTESTED CUSTODY

A. If custody is uncontested, a stipulation, motion for its adoption, and

proposed order shall be filed by the parties with the Prothonotary. If

custody is raised as an issue in a pending divorce matter, the

stipulation shall be filed to the same action number as the divorce.

B. If there is no divorce action in a particular case, a custody stipulation,

motion for its adoption, and proposed order may be filed with the

Prothonotary under a new action number if accompanied by the

appropriate fees.

ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE

RULE 52-FD-1920.51 – DIVORCE MASTERS

A. JUDICIAL APPOINTMENT: Divorce Masters shall be appointed by

the Court to hear testimony on all issues, except paternity, custody

and support. The Court shall appoint at least two (2) Divorce Masters

who shall individually hear all cases involving claims for alimony

pendente lite, counsel fees and expenses, permanent alimony, and

equitable distribution, in addition to the dissolution of the marriage.

The Divorce Master 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. FEES: Compensation of the Special Master shall be as

established by Administrative Order of the Court.

C. DEPOSITS FOR FEES AND COSTS:

(1) Upon filing a Petition for the Appointment of a Divorce Master,

the moving party shall deposit a fixed sum to be set by

Administrative Order.

(a) Parties proceeding In Forma Pauperis are exempt from

payment of this deposit.

(2) ESCROW OF ADDITIONAL MONIES: In order to assure

prompt payment for the services of the Stenographer and the

Divorce Master, an additional deposit may be ordered by the

Divorce Master to be deposited with the Prothonotary. The

amount shall be determined by the Divorce Master upon a

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

the issues, the length of the hearing and the time estimated to

prepare the Summary Report. The Divorce Master shall

determine and direct how the deposit shall be allocated between

the parties and shall fix the deadline for payment. The directive

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 Divorce Master could be cause for finding that party in

contempt of court or the imposition of such other sanctions as

may be appropriate.

(3) ALLOCATION OF COSTS AND EXPENSES: As part of

the recommendation to the Court, the Divorce Master shall

make a recommendation for allocation of costs and expenses

between the parties.

D. DUTIES OF MASTER: The Divorce Master shall set the date

for a conference, which shall occur within forty-five (45) days of

his/her appointment.

E. CONFERENCE: At the conference, each party shall provide

the Divorce Master with the following information, insofar as it is

then available:

(1) A list of all fact witnesses;

(2) A list of all expert witnesses;

(3) Reports of experts intended to be called as witnesses;

(4) All reports from appropriate agencies;

(5) Issues for resolution; and

(6) Estimated length of trial.

Such information shall be updated, as appropriate, any time up

to commencement of the full hearing before the Divorce Master.

Failure to produce the information specified herein at the time of the

conference before the Divorce Master, may be grounds for excluding

the evidence or witnesses at subsequent proceedings.

F. HEARING: Within thirty (30) days of the conference, matters

not resolved at the conference shall be scheduled for a full hearing

before the Divorce Master.

(1) STIPULATIONS: An oral stipulation on uncontested issues

shall be presented to the Divorce Master at the outset of the

hearing.

(2) RECOMMENDATION: Each of the parties shall be

accorded thirty (30) days from the conclusion of the hearing to

file a written memorandum with the Divorce Master.

Thereafter, the Divorce Master shall file a written

recommendation covering all issues to the Court within sixty

(60) days of the conclusion of the hearing, which shall include a

proposed order incorporating the terms of that recommendation.

No formal report is required unless exceptions to the

recommendation are filed.

(a) As part of the Recommendation or as part of any interim

Order, the Divorce Master may recommend payment by

either party of alimony pendente lite, counsel fees, costs

and expenses.