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PA Bulletin, Doc. No. 03-1979

THE COURTS

Title 255--LOCAL
COURT RULES

CLARION COUNTY

Order Amending Local Rules of Procedure for Civil Actions; Misc. Doc. No. 1211 MISC 2003

[33 Pa.B. 5077]

Order

   And Now, September 25, 2003 it is hereby ordered:

   1.  Clarion County Local Rule of Civil Procedure L1915.3, Actions For Custody, Partial Custody and Visitation of Minor Children and Local Rules of Civil Procedure L1940.3 Mediation in Custody Actions and Local Rule 1940.5 Duties of Mediator, copies of which follow this order, are adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   2.  The Clarion County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the attached Rules with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the attached Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order and the attached Rules with the Pennsylvania Domestic Relations Procedural Rules Committee.

   D.  Provide the Clarion County Prothonotary with a copy of the new Rules. The Clarion County Prothonotary shall, upon adoption of Local Rules L1915.3, 1940.3 and 1940.5, include a copy of the new adopted Rules in all copies of the Local Rules of Procedure when those rules are delivered to persons requesting a copy.

By the Court

JAMES G. ARNER,   
President Judge

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Rule L1915.3. Commencement of Action. Complaint. Order for Conciliation Conference. Conciliation Conference.

   (a)  Upon commencement of an action for custody, partial custody or visitation of minor children, or the filing of a petition seeking modification or contempt of an existing order or seeking relocation, the plaintiff/petitioner shall attach an order to the original complaint or petition, directing the defendant/respondent to attend a conciliation conference. The court will schedule the conciliation conference at a court facility and the Prothonotary will provide a copy of a scheduling order to the plaintiff/petitioner for service on the defendant/respondent.

   (b)  The parties and their attorneys shall attend the conciliation conference.

   (c)  At the conference, the parties and their attorneys shall meet and discuss the issues and use their best efforts to reach a settlement based on the best interests and welfare of the child/children.

   (d)  Upon reaching a settlement, the attorneys and parties shall immediately dictate a consent order. The court will make a member of its staff available to prepare the order. The parties shall sign the order and present it to the court staff before leaving the court facility.

   (e)  If the parties are unable to reach a settlement of the issues, they shall notify the court before leaving the court facility.

   (f)  In the event Pa.R.C.P. 1940.3(b) or another rule or law prevents the court from ordering a mediation orientation session, the parties and their attorneys shall so notify the court at the conclusion of the conciliation conference and the court will proceed to schedule a pre-hearing conference. Otherwise, the court will order a mediation orientation session and mediation pursuant to Rule L1940.3.

   In those cases which proceed to a pre-hearing conference, a pre-hearing statement shall be filed with the court by each party at least seven (7) days before the pre-hearing conference. If no agreement is reached at the pre-hearing conference the court will schedule a hearing.

MEDIATION IN CUSTODY ACTIONS

Rule L1940.3. Order for Orientation Session and Mediation. Selection of Mediator

   (a)  In those cases where the parties have participated in a conciliation conference pursuant to Rule L1915.3 and have been unable to reach a settlement, except when mediation is prohibited by Pa.R.C.P. 1940.3(b) or another rule or law, the court will order an orientation session and a mediation conference (''the mediation'') and the parties and their counsel shall attend and participate as ordered.

   (b)  The court shall set a date and time for the mediation as soon as practical after the pleading asserting the child custody issue is brought to the attention of the court.

   (c)  The cost of the mediation shall be paid equally by the parties and each party shall deposit his/her share with the court administrator not later than seven (7) days prior to date of the mediation.

   (d)  All applications for continuance shall be made in writing to the court and shall follow Clarion County Rule L216. No requests for continuance shall be made less than seven (7) days prior to the scheduled mediation.

Rule L1940.5. Duties of Mediator

   (a)  The child custody mediator shall ascertain the issues in the action through discussion with the attorneys and/or the parties. He/she shall not take testimony and the mediation shall not be of record. Rather, the mediator shall attempt to determine the relevant facts through discussion and shall suggest or recommend a proposed settlement.

   (b)  The mediation procedure shall at all times be in the sole discretion of the child custody mediator, in accordance with applicable rules of court.

   (c)  When the child custody mediator determines that the parties have reached full agreement concerning the matter, he/she shall immediately have the parties and their attorneys report to the court administrator. The court administrator shall make a member of the court staff available to prepare a consent order, which shall be dictated either by the attorneys or by the mediator. Upon preparation and execution thereof the same shall be submitted to the court for approval and signature.

   (d)  If the parties can reach only partial agreement concerning the action, the child custody mediator in his/her discretion may dictate a consent order covering the partial agreement and refer the disputed areas to the court for decision, or may refer the entire action to the court for decision. The child custody mediator may further, in his/her discretion, dictate a consent order based upon the submission of a written stipulation executed by the attorneys and/or the parties.

   (e)  If, when the mediation is called, one party does not appear either personally or by counsel, the mediator shall ascertain whether service and notice of the mediation have been made upon the non-appearing party. If service and notice have been made, the mediator may, in his/her discretion, dictate an order granting the relief requested by the appearing party. If no party appears either personally or through an attorney, the mediator shall submit a report to the court, together with a proposed order to dismiss the action, in which event costs shall be assessed and collected.

   (f)  If it appears to the mediator that psychological evaluations and/or home studies are needed for ultimate resolution of the matter, he/she shall report that decision to the court. The court will then decide whether to issue an order of court directing such psychological evaluations and/or home studies. The costs of such evaluations and/or home studies shall be paid equally by the parties unless for cause shown the court directs otherwise.

   (g)  In those actions where the parties cannot reach agreement, the mediator shall prepare and file a report pursuant to Pa.R.C.P. 1940.6.

   (h)  With the consent of the parties, the mediator shall state in the report a concise summary of the mediation, including the background of the action, the allegations of the parties concerning the areas of dispute, and the recommendations, if any, of the mediator concerning disposition. The mediator shall attach any evaluation reports and home studies to such report. The report shall also include pre-trial information, which the attorneys shall be prepared to provide to the child custody mediator, such as lists of witnesses, exhibits, and stipulations, and an estimate of trial time.

   (i)  A proposed order setting the matter for a pre-hearing conference before the court and requiring the filing of pre-hearing statements at least seven (7) days before the pre-hearing conference shall be attached to any report submitted by the mediator.

[Pa.B. Doc. No. 03-1979. Filed for public inspection October 10, 2003, 9:00 a.m.]


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