Administrative Order 2003-3--Family Court Rules N1910.5, N1910.6, N1910.11; C-48-CV-2003-4094
[33 Pa.B. 2863]
Order of Court
And Now, this 5th day of June, 2003, the following rules, N1910.5, N1910.6, and N1910.11 are hereby adopted. The effective date of the rules is July 14, 2003.
By the Court
ROBERT A. FREEDBERG,
Rule N1910.6--Special Relief Emergency Support Order
(1) Where there is an imminent prospect of cessation or material interruption of the basic necessities of health, education or welfare, a party may apply for a special order of support prior to the conference before a Domestic Relations conference officer. Applications for such relief shall use the Application, Notice, Certificate of Service and Response Form available at the Domestic Relations Office.
(2) All applications must be completed in full and include as an attachment, proof/verification of income in the nature of a pay stub, tax return, W-2 statement or other suitable proof of income. The completed application must be filed with the Domestic Relations Section and a copy of the completed application with the notice and a blank response form shall be served by the Sheriff or a competent adult upon the defendant in the manner set forth in Pa.R.C.P. 1930.4. A certificate of service shall be promptly filed with the Domestic Relations Section certifying service upon the defendant of the application, notice and blank response form.
(3) The defendant must respond to the application by submitting his completed response form within ten (10) days after service.
(4) Thereafter, the case file will be transmitted to the Administrative Judge for Domestic Relations for disposition. Any order of support entered pursuant to the application will be temporary in nature pending the Domestic Relations conference, effective as of the date the application was filed and enforceable by the Domestic Relations Section pursuant to the Pennsylvania Rules of Civil Procedure. Credit will be given for all monies paid pursuant to a temporary order, against the final order.
Rule N1910.5--Orders, Motions and Rules to Show Cause
(1) All motions, orders, stipulations, petitions for special relief in Domestic Relations matters and rules to show cause requiring a scheduled hearing must be submitted directly to the Domestic Relations Section Director for action by the Administrative Judge of Domestic Relations. NO such matters shall be submitted through Motions Court.
(2) Any matter bearing a Domestic Relations Section term number or a matter directly effecting the administration of a Domestic Relations file shall not be listed on any Miscellaneous or Civil Non-Jury List without the approval of the Administrative Judge of Domestic Relations.
Rule 1910.11--I.b--Continuances of Scheduled Conferences
(1) The Domestic Relations Section, when aware that attorneys represent one or both parties, shall consult with counsel prior to scheduling support conferences.
(2) All applications for continuances shall be submitted directly to the Domestic Relations Section Director.
(3) Pa.R.C.P. No. 1910.6 requires the Domestic Relations Section to provide a twenty (20) day notice for a hearing before a Domestic Relations Conference Officer. Any continuance granted within the twenty (20) day period shall result in the loss of slot reserved by the Conference Officer for such hearings. For this reason, the Domestic Relations Section shall require applications for continuances to be submitted within twenty-five (25) days of the hearing date, so that the slot may be reassigned to another case. All timely applications for continuances shall be ruled upon by the Domestic Relations Section Director and will be granted for good cause.
(4) Applications for continuance shall be signed by the parties and/or their counsel of record and submitted on the Northampton County Application for Continuance Form. It should be noted that the continuance of any scheduled conference will result in a significant delay in rescheduling the conference.
(5) Applications filed less than twenty-five (25) days before the scheduled conference shall be denied by the Domestic Relations Section Director.
(6) Either party may appeal a Domestic Relations Section ruling on a continuance application by presenting the continuance ruling to the Administrative Judge for Domestic Relations for review. Agreement of counsel and/or conflicts with other scheduled court appearances shall not be sufficient reason to grant a continuance of a scheduled conference.
[Pa.B. Doc. No. 03-1172. Filed for public inspection June 20, 2003, 9:00 a.m.]
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