THE COURTS

Title 255--LOCAL
COURT RULES

BLAIR COUNTY

Local Rules for Custody Cases; No. 907, 1998

[29 Pa.B. 19]

Order

   Now, this 9th day of December, 1998, it appearing that this Court should establish procedures which will provide to parties involved in custody cases in the Court the opportunity for access to systems through which resolution of their controversies may be accomplished via mediation and agreement while providing full accessability to the opportunity for litigation before the Court this Court concludes that the following Order is appropriate:

   It Is Hereby Ordered, Directed and Decreed that this Local Rules for Custody Cases (following hereto and made part hereof) are adopted and shall be applicable to all custody proceedings filed in this Court after the thirtieth (30th) day after the publication of said Rules in the Pennsylvania Bulletin as required by the Supreme Court of Pennsylvania.

By the Court

THOMAS G. PEOPLES, Jr.,   
President Judge

Rule 1915.3.  Commencement of Action. Complaint. Order.

   All actions for custody, partial custody and visitation of minor children, including divorce complaints, shall be commenced by the filing of a verified complaint and scheduling order as required by Pa.R.C.P. 1915.3 and Local Rule 1915.3 (FORM 1).

Rule 1915.20.  Custody Conciliation Process.

   a)  The parties and/or their counsel shall attend the intake conference which shall be conducted by the Intake Officer or designated individual within approximately forty-five (45) days after the filing of the Complaint or Modification Petition so the parties will have had an opportunity to attend the Children First Program in accordance with Local Rule 1915.3.

Comment--1998

   The Intake Conference is not a hearing, but an opportunity for parents to reach agreement early in the custody process. No evidence or testimony is presented. The goal of the Intake Conference is (1) to assist the parties in identifying areas of agreement and disagreement and sharing parenting responsibilities and (2) develop a parenting plan that best suits them and their children.

   b)  All agreements reached at Intake Confernce shall be reduced to a Consent Agreement. (FORM 2).

   c)  If agreement on all issues is not reached, then a temporary agreement may be entered into by the parties and a Conciliation Conference scheduled to further address the unresolved issues.

   d)  The Conciliation Conference will be conducted by the Custody Conciliator, whose role is to actively engage the parties in reaching a custody agreement using mediation skills and techniques.

Comment--1998

   A Conciliation Conference is informal, with no record created or testimony elicited from parties or witnesses and is scheduled for 1 1/2 hours for one (1) or two (2) sessions as needed. The parties are given the opportunity to present the issues or problems and explore all available options for resolution.

   e)  A Consent Agreement form will be completed and signed when reached. (FORM 2). Any unresolved issues are to be negotiated to a temporary agreement that the parties can live with or the Conciliator will forward a Referral for Temporary Order to the Court that shall become a final order unless a request for Evidentiary Hearing is filed. The Temporary Order will include all areas of prior agreement.

   f)  Participation will be limited to the parties and/or their counsel. All participants must act in a cooperative manner and comply with the directives of the person conducting the conference.

   g)  Any attorney who attends Intake and/or a Conciliation Conference with a client will participate consistent with the following:

   1)  The primary duty of the attorney will be to counsel and advise the client rather than to advocate.

   2)  Attorneys shall fully cooperate with the efforts of the Intake Officer and/or Custody Conciliator to facilitate the agreement of the parties.

   3)  Attorneys shall advise their clients in a manner not disruptive of the conciliation process, which will ordinarily require consulting with the client outside the conference room.

   4)  Counsel shall at all times behave in a professional manner and refrain from engaging in hostile or antagonistic conduct directed toward any conference participant.

   5)  Attorneys shall not engage in legal argument except that counsel may advise of legal issues relevant to the formation of a temporary or recommended order.

   6)  Counsel shall not attempt to question the other party, present evidence nor otherwise engage in conduct characteristic of an adversarial proceeding.

   h)  If at any time during the conciliation process a party and/or their counsel engages in conduct inconsistent with the rules or disrupts the conciliation process or interferes with the function of the Blair County Custody Office, the Intake Officer or Conciliator may recess the proceeding, remove the violator and reconvene if appropriate. If a party is removed, an order can be entered in their absence. If an attorney is removed, the party can continue in the process if they so desire. Any violator will be referred to a contempt proceeding.

Rule 1915.21.  Custody Litigation Process.

   a)  Within ten (10) days from the date of service of a Custody Order, a party may file a request for Evidentiary Hearing form in the Blair County Prothonotary's Office (FORM 3).

   1)  There is no filing fee required. The request form must be served on the other counsel/party with the specific issues identified for consideration in the Evidentiary Hearing. The request form shall be forwarded by the Prothonotary to the Court Administrator's Office for a date to be assigned for a prehearing conference before the Hearing Officer.

   2)  Ten (10) days prior to the prehearing, the parties and/or counsel shall submit to the Court Administrator a prehearing narrative, including but not limited to the following:

   (i)  Names and addresses of all witnesses, including experts.

   (ii)  Summary of each witness's anticipated testimony.

   (iii)  Copies of all exhibits.

   (iv)  Anticipated length of trial.

   (v)  Proposed custody arrangement for both parties.

   (vi)  Requested stipulation of facts.

   3)  If no prehearing narrative is filed, the offending party may be fined or sanctioned otherwise by the Court.

Comment--1998

   As to 2)(v)  Each party shall prepare a parenting arrangement that encompasses time with both parents. The arrangements should be prepared from the perspective that each party would consider either side of the proposal reasonable were they in the position of the other party.

   b)  The prehearing conference will be conducted by the Blair County Prehearing Officer in preparation for a trial by the parties before a Blair County Judge. The prehearing focuses on identification of contested issues, witnesses to testify, exchange of medical reports, names of any expert witnesses to be called, exhibits and requests for an interview of a child. A time and date for the Evidentiary Hearing will be set and any requirement of the filing of any briefs will also be discussed. A summary will be forwarded by the Prehearing Officer to a Judge in preparation for trial.

   c)  Before a party can request Special Relief, a complaint for custody must be filed or a Court Order must be in effect. At any time during the custody process, a party may file a Motion for Special Relief setting forth facts as to why the child is in immediate danger of physical injury or serious emotional harm. Where such a motion is filed concerning a temporary or recommended order of custody, the Petitioner must show why the custody arrangement is so harmful to the child to warrant Court intervention apart from the standard custody process.

Comment--1998

   Motions for Special Relief will be screened prior to any hearing scheduled and may be denied without hearing. Special Relief Motions will be scheduled by the Court Administrator. The Petitioner must provide service to the Respondent prior to the case being heard. Special Relief will be decided on oral argument only.

FORM 1

   IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA

___________________________ , Plaintiff
	NO:  _________________
VS:
___________________________ ,	CUSTODY/VISITATION
Defendant

CUSTODY SCHEDULING ORDER

   You  _________________  (defendant) have been sued in court to obtain custody, partial custody or visitation of the child(ren).

Name	Date of Birth
_________________	_________________
_________________	_________________
_________________	_________________

   (1)  All parties and children ages six (6) to seventeen (17) of this custody action are hereby ordered to attend the Mandatory Parent Education, Children First Program and the Sandcastles Program within forty-five (45) days of this Order.

   All parties are required to contact the Children First Program of the Altoona Hospital Drug and Alcohol Program at telephone number of (814) 946-2209 within five (5) days of receipt of this Order to register for said program.

   Should the moving party fail to pay fees, fail to appear for the Education Program, or fail to insure that any child within that party's physical custody appears for Sandcastles, the Custody action shall be dismissed without prejudice, and any fees paid by such party shall be forfeited.

   Should the nonmoving party fail to pay fees, fail to appear for the Educational Program, or fail to insure that any child within that party's physical custody appears for Sandcastles, an immediate Rule to Show Cause why such party should not be held in contempt shall be issued by the Court.

   (2)  You are hereby ordered to appear in person on _________________ , 19 ____ at _____ o'clock ____  M. for an Intake Conference with _________________ , at the Benton Building, 513 Allegheny Street, Rear, Hollidaysburg, Pa. 16648.

NO CHILDREN SHALL ATTEND THE INTAKE CONFERENCE

   If you fail to appear for the Intake Conference as provided by this Order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

IF YOU CANNOT AFFORD	IF YOU DO NOT HAVE
A LAWYER	A LAWYER
SOUUTHERN ALLEGHENYS LEGAL AID, INC., 1107 13TH AVE. SUITE 508 ALTOONA, PA. 16601 (814) 943-8139	BLAIR COUNTY LAWYER REFERRAL LAW LIBRARY, 2ND FLOOR COURTHOUSE HOLLIDAYSBURG, PA. 16648 (814) 693-3090

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Blair County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact (814) 693-3050. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

	BY THE COURT,
	J
DATE  _________________	___________________________

FORM 2

_________________	:	IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA
-vs-	:
_________________	:	NO.

CONSENT AGREEMENT

   We have agreed to the following parenting plan for the custody of our child(ren):

   1.  The parents shall share the legal and physical custody of their child(ren). The names of the child(ren) are as follows: (Names/DOB)

_________________	_________________	_________________

   2.  The child(ren) shall reside with his/her/their Mother/Father at  _____
 
__________

   3.  Both parties agree that the time arrangements between the Father/Mother with the child(ren) are as follows:

   a.  Weekdays -- __________

   b.  Weekends -- __________

   c.  Summer/Vacation periods -- __________

   d.  Holidays --
Thanksgiving -- __________
Christmas (Eve) -- __________
New Year's (Eve) -- __________
Easter -- __________
Non-festive holidays of Memorial Day, Fourth of July and Labor Day
 
__________

   e.  Other holidays -- __________
 
__________

   4.  Transportation -- __________

   5.  The child(ren) shall be with the Mother on Mother's Day and with the Father on Father's Day.

   6.  The parties have agreed that each parent shall have the child(ren) on the parent's own birthday, regardless of whose care the child(ren) may otherwise be in.

   7.  The child(ren)'s birthday will be spent with whatever parent they are scheduled to be with.

   8.  Each parent shall keep the other informed of the child(ren)'s health, progress in school, school activities and general welfare and shall consult the other parent concerning major decisions affecting the child(ren).

   9.  Each parent is entitled to receive directly from schools, health care providers, or other relevant sources, information concerning their child(ren).

   10.  Neither parent shall engage in any conduct which presents to the child(ren) a negative or hostile view of the other.

   11.  Each parent shall encourage the child(ren) to comply with the parenting agreement and foster in the child(ren) a positive view of the other.

   12.  The parties may decide different time arrangements and make decisions for the child(ren) whenever they mutually agree to do so. Nothing in this agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this consent agreement will be followed.

   13.  ALL HOLIDAY SCHEDULES SHALL SUPERSEDE ANY OTHER TIME ARRANGEMENT UNLESS THE PARTIES MUTUALLY AGREE TO DO OTHERWISE.

   14.  VIOLATION OF THIS ORDER BY ANY PERSON MAY RESULT IN CIVIL AND CRIMINAL PENALTIES, INCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE, INTERFERENCE WITH CUSTODY OF CHILDREN.

   15.  Jurisdiction of the child(ren) shall remain with the Court of Common Pleas of Blair County, Pennsylvania, unless or until jurisdiction would change under the Uniform Child Custody Jurisdiction Act.

   We agree to abide by the agreement developed this ____  day of ______ , 19__  and submit it to the Court of Common Pleas to be formalized into an order of court.

_________________ Mother	_________________ Father
_________________ Attorney	_________________ Attorney
_________________ Custody Conciliation Supervisor

FORM 3

IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY

		*
		*
	Plaintiff	*
		*	NO:	GN
vs		*
		*
		*
	Defendant	*

REQUEST FOR EVIDENTIARY HEARING

(Request must be made within ten (10) days of the date of service of the Recommended order.)

   At a recent Custody Conciliation Conference, an acceptable custody/visitation agreement could not be reached. I hereby request an evidentiary hearing before the Blair County Court of Common Pleas.

   The issues to be considered at the hearing are as follows:
(Place a mark before the issues to be considered.)
 
____ Relocation      ____ Time/Length/Number of Visits      ____ Primary Residence
 
Other: __________
__________
__________
__________

   I hereby certify on ____ / ____ / ____ , I served a copy of this request on the opposing counsel/party.

   Date:  ____ / ____ / ____               _________________ Counsel

   I verify that the statements made in this demand for Court hearings are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities.

   Date:  ____ / ____ / ____                                 _________________
(Petitioner or Petitioner's Attorney)

   NOTE:   Prior to the scheduling of a hearing date, both parties
will be required to attend a Pre-Hearing Conference,
scheduled for:  ____ / ____ / ____ , before ______
Hearing Officer, in  _________________
Blair County Courthouse.

[Pa.B. Doc. No. 99-6. Filed for public inspection December 31, 1999, 9:00 a.m.]

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