Venango Cnty. C.P. Local Domestic Relations Rules 4

speak with the child.

EQUITABLE DISTRIBUTION RULES

Rule 1920.16. Severance of Actions and Claims.

(b) The court will, in all cases where bifurcation is requested by a party, conduct a

hearing at which both parties should be present.

(c) The court will colloquy the parties on the impact of a divorce at the time of

hearing.

(d) The court will enter findings consistent with the evidence as required by 23

Pa.C.S.A. §3323(c.1).

(e) The court will, unless otherwise dictated by the circumstances, enter a decree at

the hearing.

Rule 1920.51. Hearing by the Court. Appointment of Conciliator. Notice of Hearing.

(a)(1) In addition to the statewide procedure of a court appointing a master, which the

parties may use at their election, the parties also have the option of using a

conciliator to attempt to resolve equitable distribution issues. The conciliator will

meet with the parties and their counsel and attempt to resolve the issues. The

court will hear and determine issues that have not been resolved at conciliation

rather than refer the matter to a master. Any issues not identified for resolution by

the conciliator and not addressed by the conciliator will not be heard by the court.

The parties are required to attend the conciliation unless they are excused by the

conciliator. The court will assess and may allocate between the parties the costs

for referral to the conciliator, which the parties will pay before the conciliation.

The parties will not have any further costs in having the matter heard by the

judge, other than expenses that are routine court costs such as paying for

transcripts if ordered by the parties.

(2) The motion for the appointment of a conciliator and the appointment order to be

submitted with the motion shall be substantially in the form prescribed by Local

Rule 1920.74.

(3) The court will appoint a conciliator who is a trained mediator unless both parties

request a specific attorney to act as conciliator.

(4) The parties, if they consent to a divorce, will file the necessary consents and

waivers immediately after the conciliation.

(5) The conciliator will file a report within 20 days of the conclusion of the session,

which will include at least the following topics:

(a) Identify issues resolved and what, if any, work needs to be done to complete

resolution of the matter such as who is preparing the settlement agreement,

powers of attorney, the qualified domestic relations orders, deeds, bills of sale,

praecipe to transmit and other documents.

(b) Identify unresolved issues and provide an analysis of the positions of the

parties.

(c) Make a recommendation as to whether experts should be appointed by the

court or engaged by the parties.

(d) Make such further recommendations to the court as the conciliator determines

will assist the court in getting the case trial ready and in otherwise resolving

the matter.

(e) Confer with counsel regarding any issues not resolved and determine the

amount of time the parties need to try the case. The conciliator will then

schedule a trial date with the court administrator and include that date in the

report.

(f) Submit a proposed order of court to implement his recommendations.

(b) When the trial is conducted, the parties will file an updated inventory and pretrial

statement not later than 20 days before the trial is scheduled before a judge.

Rule 1920.74. Form of Motion for Appointment of Conciliator. Order.

(a) The motion for appointment of a conciliator shall be substantially in the following

form:

__________________, : IN THE COURT OF COMMON PLEAS OF

Plaintiff: VENANGO COUNTY, PENNSYLVANIA

:

vs. :

:

_________________, :

Defendant: Civ. No. _______-________

MOTION FOR APPOINTMENT OF DIVORCE CONCILIATOR

_______________________________, Attorney for plaintiff

_______________________________, Attorney for defendant

1) Complaint filed: ______________________________

2) Complaint served: _____________________________

3) Grounds asserted: Section(s) ____________ of the Divorce Code

4) Matters at issue:

____ Dissolution of marriage

____ Equitable distribution of marital property

____ Allocation of marital indebtedness

____ Alimony

____ Alimony pendente lite

____ Counsel fees and/or expenses of litigation

____ Court costs

Respectfully Submitted,

By __________________________

Date: _____________________

(b) The order appointing a conciliator shall be substantially in the following form:

__________________, : IN THE COURT OF COMMON PLEAS OF

Plaintiff: VENANGO COUNTY, PENNSYLVANIA

:

vs. :

:

_________________, :

Defendant: Civ. No. _______-________

ORDER OF COURT

AND NOW, this _______ day of ______, 20__, the court has received the Motion

for Appointment of Divorce Conciliator filed by __________ in the above-captioned

matter.

_________________ is hereby appointed divorce conciliator in this matter. The

parties are directed to deposit $_____ each to pay the conciliator’s fee with the

Prothonotary within two (2) weeks from the date of this order. The conciliation

conference will not be scheduled until the required fees are deposited.

(1) Both parties are expected to file inventories in accordance with Pa.R.C.P.

1920.33(a).

(2) Conciliator will schedule conciliation only after at least one of the parties has

filed both the inventory and a pre-trial statement as contemplated in Pa.R.C.P.

1920.33(b) and delivered a copy to the conciliator if filed after the conciliator

is appointed. Conciliator will schedule the conciliation not sooner than 20

days from the date of filing the pre-trial statement.

(3) The other party shall then file the inventory and pre-trial statement not later

than 7 days before the scheduled conciliation. Conciliation will proceed

whether or not one of the parties has made the required filings.

BY THE COURT,

_________________________________

Judge