1176 Amending civil rule of procedure 1915.4(f) and adopting civil rule of procedure 1915.4(f)-(1), (2), (3), (4); S-1381-11

SCHUYLKILL COUNTY

Amending Civil Rule of Procedure 1915.4(f) and Adopting Civil Rule of Procedure 1915.4(f)-(1), (2), (3), (4); S-1381-11

[41 Pa.B. 3822]
[Saturday, July 16, 2011]

Order of Court

 And Now, this 27th day of June, 2011 at 1:30 p.m., Schuylkill County Civil Rule of Procedure No. 1915.4(f) is amended and Civil Rule of Procedure 1915.4(f)-(1), (2), (3), (4) is adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.

 The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

 1) File one (1) certified copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts.

 2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau.

 3) Forward one (1) certified copy of this Order and Rule with the Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania.

 4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

 5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Prothonotary and the Schuylkill County Law Library.

 It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Schuylkill County Rule of Civil Procedure

Rule 1915.4. Prompt Disposition of Custody Cases.

 (f) If at the conclusion of the conciliation process the case remains contested, the custody Conciliation Officer shall transfer the case to the Court for assignment to a Judge; except that actions for partial custody shall be assigned to a hearing officer and shall proceed in accordance with Pa.R.C.P. 1915.4-2. As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties. The report shall include such information about the case as shall be directed by the court. Any report by the Conciliation Officer will be filed with the Prothonotary, who shall seal the report to all except the court and the Parties.

Rule 1915.4(f).

 (1) Within five (5) days of filing Exceptions to the Report of the Custody Conciliation Officer, Pursuant to PA.R.C.P. 1910.12(f), the party raising exceptions shall request a transcript of all the testimony, pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the Court Reporter for the cost of said transcript pursuant to Pa.R.J.A. 5000.6.

 (2) If both parties file Exceptions to the Report of the Custody Conciliation Officer, they shall equally bear the cost of the transcript of the testimony.

 (3) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law, the exceptions may be deemed to have been withdrawn and may be dismissed by the Court.

 (4) Upon filing of the transcript of testimony, the file shall be delivered to the Court for disposition pursuant to Pa.R.C.P. 1910.12(h). Within ten (10) days of receiving notice of such filing with the Court, the moving party shall file a memorandum of law related to the issues raised in the exceptions, and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel, the opposing party may within ten (10) days file an opposing memorandum.

[Pa.B. Doc. No. 11-1176. Filed for public inspection July 15, 2011, 9:00 a.m.]