Lycoming County Divorce Rules

-L216 Continuances
-L220 Jury Size in Civil Trials
-L227.3 Transcript of Testimony
-L230.2 Termination of Inactive Cases
-L250.1 Americans with Disabilities Notice
-L261 Court Administrator
-L300  Dockets
-L400.1(b) Service of original process
-L411  Action for Support
-L430  Service by Publication
-L440 Use of Prothonotary's Office Mail Box
-L501  Meeting Place
-L502  Substitution After Appointment
-L503  Organization
-L504  Notice of Appointment
-L601  Security for Costs of Non-residents
-L602  Bill of Costs
-L702  Satisfaction of Judgment
-L901  Money Paid into Court
-L902  Appeal as Supersedeas
-L1007  Commencement. Case Scheduling

Current Trial term dates

-L1012  Appearance. Withdrawals
-L1018.1 Notice to Defend
-L1025  Designation of Trial Attorney
-L1028(c) Preliminary Objections
-L1034(a) Judgment on the Pleadings
-L1035.2(a) Motion for Summary Judgment
-L1049  Itemized Statements
-L1066  Entry of Judgment. Advertisement
-L1301  Cases for Submission
-L1302  List of Arbitrators
-L1302.1 Selection of Arbitrators
-L1303  Scheduling of Hearings
-L1304  Arbitrator’s Questions
-L1304.1 Continuances
-L1306  Awards
-L1308  Compensation for Arbitrators
-L1311  Appeals
-L1315 Settlements
-L1910.10   Hearing Procedure
-L1910.12   Exceptions Procedure
-L1910.14   Defendant Leaving Jurisdiction
-L1910.15   Paternity
-L1910.22   Attachment of Wages
-L1915.3  Custody Petitions and Procedure
-L1915.3-1  Initial Conference
-L1915.3-2  Exceptions to Interim Orders
-L1915.3-3  Recommended Orders/Approval
-L1915.7  Settlement
-L1915.8   Examinations and Home Studies
-L1915.10-1 Pre-Trial Conference
-L1915.10-2 Continuances
-L1915.12   Required Certification
-L1915.13-1 Emergency Custody Relief
-L1915.13-2 Emergency Relief. Moving
-L1920.13  Interim Relief. Family Court
-L1920.16  Bifurcation
-L1920.21  Bill of Particulars. Non pros
-L1920.31  Joinder of Economic Claims
-L1920.32  Joinder of Custody Claims
-L1920.33  Joinder of Property Claims
-L1920.42  Divorce Affidavit and Decree
-L1920.43  Special Relief
-L1920.45  Counseling
-L1920.51  Hearing by Court. Master
-L1920.53  Hearing By Master. Report
-L1920.55  Exception Procedure
-L1920.71  Form of Notice to Defend
-L1930.5 Discovery
-L2039  Minor's Compromise, Settlement
-L2232  Notice of Pendency of Action
-L4005  Interrogatory Limits

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▪ Rules Home Page ▪ Rules of Civil Procedure ▪ Contents ▪

DIVORCE OR ANNULMENT OF MARRIAGE

L1920.13. Interim Relief. Any request for interim relief raised under Pa.R.C.P. No. 1920.13(c) shall be initially referred to the family court office for hearing. Proposed orders entered after hearing are subject to the exception procedure set forth in Lyc. Co. R.C.P. L1920.55.

L1920.16 Bifurcation.

A. A praecipe to transmit record requesting entry of a divorce decree under Domestic Relations Code §3301( c) or §3301(d) should not be filed prior to the resolution of all other claims raised unless an order has been entered permitting bifurcation or the other party consents to bifurcation. The filing party must indicate in the praecipe to transmit that either, (1) there are no outstanding claims, or (2) bifurcation has been consented to by the other party, as verified by an affidavit attached to the praecipe to transmit, or approved by court order, a copy of which is attached to the praecipe to transmit. Where the other party does not consent to bifurcation, a request for bifurcation shall be made by motion in accordance with the procedure set forth in rule L205.2(b)B., and may be referred by the court, in its discretion, to the family court hearing office for hearing thereon.

B. A motion for appointment of master to hear a claim for divorce on “fault” grounds may include a request for bifurcation. If such a request is included, the master shall rule on both the claim for divorce and the request for bifurcation. If both are granted, the master shall forward to the court a proposed decree, retaining jurisdiction of all outstanding claims. If the request for bifurcation is denied, assuming the claim for divorce is granted, no decree shall be entered until all remaining claims are resolved.

L1920.21. Bill of Particulars.

A. A praecipe for a rule to file a bill of particulars shall be considered untimely filed if it is filed after notice of the scheduling of a master's hearing on the contested divorce has been given, provided a copy of the motion for appointment of master was served on opposing counsel or party. All other objections as to the untimely filing of such a praecipe shall be raised by petition and rule.

B. A non pros entered pursuant to Pa.R.C.P. No. 1920.21(b) shall not be effective against ancillary claims for relief pleaded if grounds for divorce other than those under Domestic Relations Code Sections 3301(a) or 3301(b) have been alleged in the complaint or answer.

L1920.31. Joinder of Related Claims. Economic.

A. Any motion for sanctions filed pursuant to Pa.R.C.P. 1920.31 may be referred to the family court office for hearing thereon. Any oral motion for sanctions made before a master at the time of hearing shall be disposed of by the master in the same manner as the court under Pa.R.C.P. No. 4019, subject to the exceptions procedure of Lyc. Co. R.C.P. L1920.55.

B. A preliminary conference on any issues raised in the pleadings will be scheduled only if requested by the filing of a praecipe.

C. A request for a hearing on child support, spousal support, alimony pendente lite, health insurance or interim counsel fees shall be made by filing a praecipe for hearing setting forth the claims to be heard. An original and copy for the family office shall be filed with the prothonotary and copies shall be served on the opposing counsel or party.

L1920.32. Joinder of Related Claims. Custody. All claims involving custody joined with an action for divorce or annulment shall be governed by the procedures set forth in rule L1915.3 et seq.

L1920.33. Joinder of Related Claims. Property. Any motion for sanctions filed pursuant to Pa.R.C.P. No. 1920.33(c) may be referred to the family court office for hearing thereon. Any oral motion for sanctions made before a master at the time of hearing shall be disposed of by the master in the same manner as the court under Pa.R.C.P. No. 4019, subject to the exception procedure of Lyc. Co. R.C.P. L1920.55.

L1920.42. Affidavit and Decree Under §3301(c) or §3301(d) of the Domestic Relations Code.

A. A copy of the praecipe to transmit record, proposed divorce decree, and notice that decree will be entered (unless notice has been waived under Pa. R.C.P. No. 1920.42(e)) shall be server upon opposing counsel or party and a certificate of service shall be filed.

B. If related claims are resolved by means of a written agreement between the parties, a copy of the agreement may be attached to the praecipe to transmit record along with an appropriate proposed decree. If related claims are pending, the attached proposed decree shall contain a provision reserving the court's jurisdiction over the unresolved issues.

C. A decree will not be entered unless the appropriate administrative fee has been paid to the prothonotary or the court has granted leave to proceed in forma pauperis.

L1920.43. Special Relief. The court, in its discretion, may refer certain requests for special relief to the family court office for hearing thereon.

L1920.45. Counseling. Requests for counseling shall be made on a form provided by the family court office. The request will be scheduled by the family court office for conference or hearing, as may be appropriate. When there is no other provision governing the time within which counseling may be requested or carried out, any request must be filed within such time as to not delay trial or a hearing.

L1920.51. Hearing by the Court. Appointment of Master.

A. All claims for relief on the merits, other than disputed claims as to custody or paternity shall initially be heard by a family court hearing officer or master. Any request for hearing before the court on matters other than custody and paternity shall be made by motion and will be granted by the court only upon cause shown.

B. Prior to a hearing on claims for equitable distribution, alimony or final counsel fees, costs and expenses, a pre-trial conference between counsel for the parties and the appointed master shall take place to narrow the claims to be determined, review compliance with discovery or disclosure, and to discuss settlement alternatives. The master may enter orders subject to court approval, pursuant to stipulation of the parties or in aid of the anticipated hearing.

C. A decree under Domestic Relations Code Sections 3301(a) and 3301(b) will not be entered unless the appropriate administrative fee has been paid to the prothonotary or the court has granted leave to proceed in forma pauperis.

D. The recommendation for disposition made by the master or hearing officer shall include a determination of the amount of master's fees or stenographic costs and a recommendation as to their allocation.

L1920.53. Hearing by Master. Report. Requests for continuances of conferences or hearings before a master or family court hearing officer shall be directed to the family court hearing office for decision by the master or hearing officer. Any disagreement with the decision of the hearing officer or master may be referred to the court for review.

L1920.55. Exception Procedure.

A. All exceptions to a Master's report and recommendation entered with respect to claims of child support, spousal support, alimony pendente lite or interim counsel fees raised in a divorce action shall be filed and processed in accordance with the procedure set forth in L1910.12.

B. Upon the filing of exceptions as to child support, spousal support, alimony pendente lite or interim counsel fees the recommended order shall be entered as a temporary order as to those issues and the exceptions shall not act as a stay pending resolution of the exception.

L1920.71. Form of Notice. The form of notice to defend and claim rights shall be in the form set forth in Pa.R.C.P. No. 1920.71 and Lyc. Co. R.C.P. L1018.1.