Amend/Adopt Civil Rules of Procedure 1915.1(b); 1915.3(a), (a.1), (a.2); 1915.4(f.1); 1915.4-2(b.1), (1)—(5); S-2092-12
[42 Pa.B. 6532]
[Saturday, October 13, 2012]
Order of Court
And Now, this 27th day of September at 2:00 p.m., Schuylkill County Civil Rules of Procedure previously stated are amended/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 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 Civil 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It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.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,
Rule 1915.1(b). Definitions.
These rules shall govern all actions for custody, partial custody and visitation, including original actions, petitions for relocation, petitions to modify decrees, registration of foreign decrees and petitions for contempt. The rules shall be interpreted as supplementing the Rules of Civil Procedure governing custody actions Pa.R.C.P. 1915.1 et seq.
Rule 1915.3. Commencement of Action. Complaint. Order.
(a) Other than pleadings related to relocation, the moving party shall file in the office of the Prothonotary an original and one (1) copy of all pleadings involving custody issues, including complaints, petitions for modifications, special relief or contempt and preliminary objections. The filing shall be accompanied by the payment of the designated filing and administrative fees. The Prothonotary shall immediately transmit the original and copy to the Civil Court Administrator for assignment and scheduling. The Court Administrator will return the original to the Prothonotary and give the copy to the Conciliation Office, which will send to the moving party a copy of the scheduling order and a conciliation questionnaire. The moving party shall be responsible for service of a copy of the pleading, scheduling order and conciliation questionnaire upon all other parties pursuant to Pa.R.C.P. 402.
(a.1) Relocation—A party filing a counter-affidavit regarding relocation shall file in the office of the Prothonotary an original and one (1) copy of the counter-affidavit, accompanied by the payment of the designated filing and administrative fees. Upon receipt of service of the counter-affidavit, the relocating party shall expeditiously file in the office of the Prothonotary an original and one (1) copy of the notice of the proposed relocation that was served on the non-relocating party, accompanied by payment of the designated filing and administrative fees, which shall include a custody conciliation conference fee. The relocating party shall attach to this filing a copy of any existing order(s) of Court affecting the custody of the subject child(ren). The Prothonotary shall, immediately after filing, transmit the original and copy of each filing to the Civil Court Administrator for scheduling. The Court Administrator will hold the counter-affidavit of the non-relocating party until the relocating party files the notice of the proposed relocation and pays the required fees, after which the Court Administrator will return the originals to the Prothonotary and give the copies to the Conciliation Office, which shall schedule a conciliation conference within fourteen (14) days and send to all parties a copy of the scheduling order and a conciliation questionnaire.
(a.2) If there is no existing order of Court awarding any of the parties primary custody of the subject child(ren), a party seeking primary custody of the child(ren) shall file a complaint for custody before the case will be assigned for disposition.
Rule 1915.4. Prompt Disposition of Custody Cases.
(f.1) Relocation—If at the conclusion of the conciliation conference, a custody relocation case remains contested, the Custody Conciliation Officer shall determine if a party is seeking a change in primary custody, partial custody, or visitation. Where primary custody is in dispute, the case shall be transferred to the Civil Court Administrator for assignment to a Judge to be expeditiously heard. Where partial custody or visitation is in dispute, the case shall be transferred to a hearing officer.
Rule 1915.4-2. Office Conference. Hearing. Record. Exceptions. Order.
(1) In cases of relocation where primary custody is not in dispute, the hearing officer shall schedule a hearing within fourteen days after the case is assigned for hearing.
(2) Within seven days of the conclusion of the hearing, the hearing officer shall file with the court and serve upon all parties a report in conformance with P.R.C.P. No. 1915.4-2(b)(3).
(3) Exceptions to the hearing officer's report, with an accompanying brief, shall be filed by any party excepting to the hearing officer's report within fourteen days after the report is mailed. A party who opposes exceptions filed by another party shall file an opposing brief within ten days after service of the exceptions.
(4) When exceptions are filed to the hearing officer's report, the Custody Office shall immediately notify the stenographer, who shall complete and file the transcript of the proceedings before the hearing officer within twenty days. Unless granted leave by the court to proceed in forma pauperis, the party filing exceptions shall pay the cost of transcription. If exceptions are filed by more than one party, the transcription costs shall be shared by the excepting parties on a pro rata basis. The transcription costs shall be paid within twenty days of the date of filing exceptions. If the costs are not timely paid, the stenographer shall so notify the court after which the exceptions of the non-paying party may be dismissed.
(5) Exceptions to the hearing officer's report shall be decided on the parties' briefs unless oral argument is requested by praecipe of one of the parties.
[Pa.B. Doc. No. 12-1988. Filed for public inspection October 12, 2012, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.