Rule 1920.51-2 - Appointment of Divorce Hearing Officer for Ancillary Claims(a) Once discovery is substantially complete and all prerequisites have been established, either party may request the appointment of the Divorce Hearing Officer for the purposes of resolving alimony, equitable division of marital property, counsel fees, and costs and expenses. "Substantially complete," as used here, means that both parties have all documents and other information necessary to proceed to trial, except for recent pay statements, updated account statements, and proof of change of circumstances that may be provided before the hearing. The party requesting the appointment shall pay to the Prothonotary an initial administrative fee as listed on the Prothonotary's Fee Schedule, although this fee may be reapportioned between the parties by the Hearing Officer or waived following a motion to the Court demonstrating good cause.(b) Appointment. (1) The party seeking appointment shall use the form and proposed order for Motion to Appoint the Divorce Hearing Officer for Ancillary Claims prescribed by the Court and available on the Court Website.(2) The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.(3) If all prerequisites are met, the Court will enter an order appointing the Hearing Officer and directing the filing of initial pre-trial statements.(c) Preliminary Conference. (1) Within 10 days following receipt of the appointment order, the Hearing Officer will schedule a pre-hearing conference with counsel (and the parties if one or more are unrepresented).(2) At this conference, the Divorce Hearing Officer will address all outstanding pre-trial matters.(3) If an agreement is reached or there are action steps required by either party prior to the next proceeding, the Hearing Officer will file a Memorandum outlining the agreement and/or next steps. This Memorandum will be assigned to a judge for entry as an Order of Court.(d) Settlement Conference.(1) If no agreement is reached at the Preliminary Conference, the Hearing Officer will schedule a Settlement Conference with the parties and counsel.(2) If an agreement is reached or there are action steps required by either party prior to the next proceeding, the Hearing Officer will file a Memorandum outlining the agreement and/or next steps, including scheduling additional settlement conferences if needed. This Memorandum will be assigned to a judge for entry as an Order of Court.(e) Hearing. (1) If no agreement can be reached, the Divorce Hearing Officer will promptly schedule hearings as necessary and set deadlines for updated, comprehensive pre-trial statements and exchange of exhibits. Proof of hearing notice (as well as proof of notice of any continued or additional hearing dates) shall be filed of record.(2) Following the hearing(s), the Divorce Hearing Officer will file and serve a Final Report and Recommendation addressing all outstanding economic claims, as well as an apportionment of the fees for appointment if appropriate.(3) The appointment of the Divorce Hearing Officer will terminate automatically following the filing of the Final Report and Recommendation.(f) Exceptions.(1) Exceptions to a Report and Recommendation will follow the procedures outlined in Pa. R.C.P. 1920.55-2.(2) If exceptions are filed, the Prothonotary shall promptly forward the cases to the Court Administrator who shall assign them to a judge of the Court of Common Pleas.(3) If no timely exceptions are filed, the Report and Recommendation will be assigned to a judge for entry as an Order of Court.(g) Contempt. (1) If, at any point, either party fails to comply with written directives of the Hearing Officer, upon Motion, or sua sponte, the Hearing Officer may continue the matter or recommend contempt sanctions, including, but not limited to: apportionment of the appointment fees, preclusion of evidence at future hearings, and awarding of counsel fees.(2) The recommendation for sanctions may be made at the conclusion of the action or on an interim basis if the failure to comply is resulting in unjustifiable delay, prejudice to the other party, or both.(h) Vacating the Hearing Officer. (1) If the parties withdraw or settle all claims pending before the Hearing Officer, a Motion to Vacate Hearing Officer shall be filed prior to entry of the final divorce decree.(2) The Motion shall include the position of the opposing party, allegations or attachments demonstrating that all matters pending before the Hearing Officer have been resolved, and a proposed order vacating the Hearing Officer.Cumb. Cnty. Pa. 1920.51-2
Amended effective 1/1/2024.