[34 Pa.B. 2551]
[Continued from previous Web Page]
ORDER FOR APPEARANCE WHEREAS, a Custody Conciliation Conference in this matter has been scheduled for the ______ day of ______ , 20____ at ______ __.m. before a Chester County Custody Conciliator in the Child Custody Conciliation Room at Courthouse, Third Floor Annex, West Chester, Pennsylvania, and,
WHEREAS, ______ , who is a party to these proceedings has requested the presence at the Conciliation Conference of the children named below who are the subject of these proceedings and are ten (10) years of age or older,
IT IS HEREBY ORDERED that the following minor children shall attend the aforesaid Conciliation Conference:
Name ______ Date of Birth ______ Name ______ Date of Birth ______ Name ______ Date of Birth ______ BY THE COURT:
Date: ______ __________
(3) The custody conciliator may at his/her discretion reschedule a conference and direct the appearance of a child or children of any age.
Rule 1915.12.A. Contempt. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.
(a) All petitions for Contempt shall be accepted for filing by the Office of the Prothonotary upon payment of the appropriate fee.
(b) All petitions for Contempt shall allege with specificity the facts that constitute a wilful failure to comply and indicate the remedy the party is seeking.
(c) All Petitions for Contempt shall may be scheduled for a conciliation conference hearing before the Custody Conciliator. At the conclusion of the conference all unresolved matters shall be certified for hearing before the court. Said certification shall be forwarded to the Family Court Administrator after filing, for scheduling consistent with the court's business. The hearing shall be limited to one (1) hour in duration at which time the parties may present evidentiary testimony. At the conclusion of the hearing, the custody conciliator shall make a recommendation and advise the parties they have ten (10) days in which to request a hearing de novo. At the conclusion of the ten (10) days if no objections have been filed, the recommendation shall become an order of the court. In the event objections are filed, the matter shall be listed, in the normal course of business, for a hearing de novo before the Court. The hearing shall be limited to the issues raised by the pleadings.
Rule 1915.13.A. Special Relief
(1)(a) Motions or pPetitions seeking a stay or other immediate, substantive relief may be presented to the court at any time.
(2)(b) The court will not enter a stay or grant the relief ex parte unless:
(a)(1) Notice--it appears from the petition or motion that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time and place of the application; or
(b)(2) Stipulation--it appears from the petition or motion that there is an agreement by all parties in interest; or
(c)(3) Exigency--the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief. Such exigent circumstances include those where immediate action is necessary to protect the mental or physical well-being of a child or children, or to undo the effects of a ''snatch'' (that is, a recent sudden change in a long-standing custody arrangement brought about contrary to the wishes of the custodial parent), or to preserve the status quo.
(3)(c) Where prompt action is necessary, the family court may also enter temporary orders based on:
(a)(1) the recommendations of the conciliator; or
(b)(2) affidavits, depositions, reports of physicians, police or school personnel, and the oral representations of counsel; or
(c)(3) investigations of child service agencies, or
(d)(4) a combination of the foregoing.
Rule 1915.15. A. Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order.
(a) The form of order required by Pa.R.C.P. 1915.3(a) shall be in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN CUSTODY
NOTICE & ORDER TO APPEAR A complaint has been filed in the Court of Common Pleas of Chester County concerning custody/partial custody/visitation of your children.
You are ordered to appear in person at the Chester County Courthouse, 17 North Church Street, Custody Conciliation Room, Third Floor Annex, West Chester, PA for a Custody Conciliation Conference on ______ , at _____ , __.m.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you.
You, ______ , Plaintiff, are ordered to appear in person to attend a Parenting Class on Wednesday, ______ at 4:30 p.m. in the Jury Room, Chester County Courthouse, 2 North High Street, West Chester, PA.
You, ______ , Defendant, are ordered to appear in person to attend a Parenting Class on Wednesday, ______ at 4:30 p.m. in the Jury Room, Chester County Courthouse, 2 North High Street, West Chester, PA.
Failure to attend the session as scheduled may affect your rights to custody, partial custody or visitation.
You are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers.
Mediator: ______ Phone ______
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500
IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Legal Aid of Southeastern Pennsylvania
Chester County Division
14 East Biddle Street
West Chester, PA 19380
610-436-4510
AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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 our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference.
BY THE COURT:
Date: ______ __________
(b) All Petitions for Modification shall be accepted for filing by the Office of the Prothonotary upon the payment of the appropriate fee.
(c) All Petitions for Modification shall allege with specificity the modification sought and the reasons for seeking the modification.
Rule 1920.16.A. Severance of Actions and Claims. Bifurcation.
(a) Upon motion of either party and after hearing, the Master may recommend bifurcation of the divorce proceedings and issuance of a divorce decree prior to a determination of other matters raised by written report in accordance with Pa.R.C.P. 1920.53. The court shall permit bifurcation for good cause shown. In such event, this decree shall be indexed in the judgment docket to give notice of the divorced spouse's equitable interest in the property of the other.
(b) The decree of divorce in such circumstances shall contain the following statement: ''The court reserves jurisdiction to dispose of ancillary matters properly raised by the parties heretofore; each spouse shall retain his or her equitable interest in the marital property of the other.'' be substantially in the form as prescribed by Pa.R.C.P. 1920.76.
(c) A copy of the Petition for Bifurcation shall be served upon the appointed Master.
Rule 1920.18A. Discontinuance. Rescinded
After a special master has been appointed, a discontinuance shall be entered only by leave of court after notice to the defendant and the master.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.22.A. Discovery. Sanctions. Rescinded
If a party does not comply with a discovery order, the master may either:
(1)(a) Proceed, nevertheless, to consider the evidence presented by the parties and, in his or her closing report, recommend sanctions against the non-complying party, including deemed admissions on the matters involved; or
(2)(b) Make an immediate recommendation to the court that sanctions of a specified nature be imposed.
Comment: Written interrogatories may be served as of course pursuant to Pa.R.C.P. 1920.22. Pa.R.C.P. 1920.33(a) further requires the filing of any inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code. Any party who has complied with these Rules may, where appropriate, apply to the court for sanctions pursuant to Pa.R.C.P. 4019 if the opposing party has failed to answer interrogatories and/or failed to file a required document. In the event of a successful Application pursuant to Pa.R.C.P. 4019, the Court of Common Pleas of Chester County may grant a broad order requiring, inter alia: timely answers to interrogatories; timely production of all relevant documents requested; and, when appropriate, deposition of the uncooperative party. Failure to comply with a court order requiring compliance with mandatory or other discovery will result in the imposition of appropriate sanctions, which may include, inter alia, an award of counsel fees and/or costs.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Comment: The rule relating to discovery in domestic relations matters is C.C.R.C.P. 1930.5.A.
Rule 1920.31.A. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses. Registration of Alimony. Registration of Foreign Decrees
(a)(1) A party in whose favor the court has entered an order for alimony may, upon payment to the domestic relations office of a registration fee of fifty ($50.00) one hundred ($100.00) dollars, register the order. Upon registration, and notice to the opposing side, the order shall be enforced in the same manner as other support orders.
(2) All orders for alimony shall be subject to automatic wage attachment.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
(b)(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following:
(a)(i) identification of parties and their respective residences;
(b)(ii) a certified copy of the decree and any subsequent modifications; and
(c)(iii) a reference to laws of the issuing state which impact on enforcement of such decree
(2) Upon filing of the petition, the Family Court Administrator is authorized to issue, per curiam, a Rule to Show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days. Each such rule shall notify respondents that well pled facts of the petitions will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.
(3) The petitions shall be served in the same manner as in original process for divorce.
(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.C.P. 1029 shall apply.
(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent-bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.
(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.
(7) When an answer has been timely filed and any issues(s) raised by the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.C.P. 209206.7, any party may file a praecipe for determination in the form described in C.C.R.C.P. 206.2, with a supporting brief. Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination.
(8) A decree granting registration and adoption of a foreign decree with respect to alimony or alimony pendente lite may be registered with the Domestic Relations Office in the same manner as provided in C.C.R.C.P. 1920.31.A.
Rule 1920.31.B. Registration of Foreign Decrees.
(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following:
(a) identification of parties and their respective residences;
(b) a certified copy of the decree and any subsequent modifications; and
(c) a reference to laws of the issuing state which impact on enforcement of such decree.
(2) Upon filing of the petition, the Family Court Administrator shall issue a Rule to show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days. Each such rule shall notify respondents that well pled facts of the petitions will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.
(3) The petitions shall be served in the same manner as in original process for divorce.
(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.C.P. 1029 shall apply.
(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent-bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.
(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.
(7) When an answer has been timely filed and any issues(s) raised by the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.C.P. 209, any party may file a praecipe for determination in the form described in C.C.R.C.P. 206.2, with a supporting brief. Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination.
(8) A decree granting registration and adoption of a foreign decree with respect to alimony or alimony pendente lite may be registered with the Domestic Relations Office in the same manner as provided in C.C.R.C.P. 1920.3 1A.
Editor's note: Amended July 15, 1994, effective October 1 - 1994
Comment: C.C.R.C.P. 1920.31.B. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.31.A.(b)(1)--(8).
Rule 1920.32.A. Joinder of Related Claims. Custody. Hearing by Court. Joinder of Custody Claim.
If a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary and it shall receive a court number separate from the divorce action. Such filing shall contain the information required by Pa.R.C.P. 1915.3(a) & 1915.15(a) and C.C.R.C.P. 1915.3.A. An additional filing fee may be required for this duplicate complaint. A copy of the duplicate, with the separate court number, shall be served on the defendant.
Rule 1920.42.A. Affidavit and Decree Under § 3301(c) or § 3301(d)(1) of the Divorce Code. Notice of Intention to Request Entry of Divorce Decree in § 3301(c) and § 3301(d)(1)(i) Divorces. Counter-Affidavit. Praecipe to Transmit Record. Incorporation of Agreement in Divorce Decree
(1)(a) Withdrawal of Claims--Prior to the filing of the praecipe to transmit the record, any ancillary claim that has not been resolved by an agreement to be incorporated into the decree shall be withdrawn by praecipe of the party who raised the claim. All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party and the Master, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing. The notice of intention to file the withdrawal of ancillary claims may be waived. Waivers shall be in writing and signed by counsel of record, or the parties and filed of record.
Note: The required notice of intention to file a praecipe to withdraw ancillary claims may be given at the same time as the notice of intention to file a praecipe to transmit the record. The praecipe to withdraw ancillary claims may then be filed immediately prior to the filing of the praecipe to transmit the record.
(2)(b) All praecipes to transmit a record shall include a certification that opposing counsel, any unrepresented party and the master, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing. In those cases where a Master has been appointed, at the time of filing the Notice of Intention to file the Praecipe to Transmit the Record or the Waiver of Notice of Intent with the Prothonotary, the filing party shall notify the Master, in writing, that the action has been settled and file a certification of said notice with the Prothonotary.
(3)(c) Within eight (8) days of the Master's receipt of a notice of intention to file a praecipe to transmit record, the Master shall return the court file to the Prothonotary of Chester County. along with a statement of services rendered, certification that payment has been made and a recommendation for disposition of the praecipe to transmit record.
(4) Notices required by this rule may be waived but any such waiver of notice must be filed of record and, if the party waiving notice is not represented by counsel of record, then such waiver shall be effective only if the waiver is contained in a separate written document which specifically sets forth the substance of the notice requirements which are being waived and is signed by the party waiving such notice.
(d) If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should incorporation be included in the agreement, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the terms providing for incorporation may be found.
Comment: See C.C.R.C.P. 1920.76.A regarding incorporation of a marriage settlement agreement into the divorce decree.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.43.A. Special Relief.
(1)(a) All applications petitions for special relief shall be in the form prescribed by C.C.R.C.P. 206.1.A.(1)(a) and C.C.R.C.P. 206.2.B.(1) and (2).
(2)(b) A rule to show cause assigned a return date not sooner than twenty (20) days after the date of filing shall be issued per curiam when presented to the deputy court administrator, family court.
(3)(c) Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which stays proceedings or which by its terms grants substantive relief, shall present the petition, proposed order and rule to the signing judge of the Family Court. The court will not enter a stay or grant more immediate relief ex parte unless:
(a)(1) Notice--It appears from the petition or motion that reasonable notice, under the circumstances, of the date, time and place of the application presentation of the petition has been given to all counsel and unrepresented parties;
(b)(2) Stipulation--It appears from the petition or motion that there is an agreement by all counsel and unrepresented parties; or
(c)(3) Exigency--The court in its discretion shall determine that there are extraordinary circumstances justifying a stay or more immediate relief.
(4)(d) Immediately after filing documents with the Prothonotary each party shall serve upon all other counsel and unrepresented parties complete copies of such documents. Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3.
(5) The court in its discretion may order depositions in lieu of scheduling a hearing on any Application for special relief.
(6) At least five (5) days prior to any evidentiary hearing before the court, all parties shall file with the prothonotary a pre-hearing statement and shall immediately serve copies of the statement on all other parties. The pre-hearing statement shall not exceed two (2) pages in length and shall set forth the following:
(a) A brief statement of the claim(s) being made by the moving party or the defense(s) being made by respondent;
(b) A concise statement of the facts;
(c) A concise statement of the legal issues involved, if any, and shall include citations to any applicable statutes; and
(d) An estimate of the required hearing time.
Pre-hearing statements for hearings scheduled less than twenty (20) days from the filing of the application shall be filed one day before the evidentiary hearing.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.46.A. Military Service.
(1)(a) If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary two hundred ($200.00) dollars to cover the attorney's fees.
(2)(b) The attorney appointed to represent the defendant shall promptly perform the following duties:
(a)(1) The attorney shall make diligent inquiry to ascertain the whereabouts of the defendant.
(b)(2) If the attorney ascertains that the defendant is in the military service, the attorney shall inform the defendant of the action pending and ascertain whether the defendant wishes to appear and be heard, shall attend all hearings before the Master, and shall take any action proper to protect the interests of the defendant.
(c)(3) If the defendant is in the military service and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. In such event all proceedings shall be stayed until further order of the court.
(d)(4) If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of the appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. The attorney shall attend all hearings before the Master and take any action proper to protect the interest of the defendant.
(e)(5) Within ten (10) days after the hearings before the Master have closed, the attorney shall file with the Master a final report stating whether or not the defendant's whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service. This final report shall be attached to and made a part of the report of the Master.
(f)(6) Upon the filing of an interim report resulting in the staying of all proceedings until further order of the court, or upon the filing of a final report, the attorney shall be entitled to receive the two hundred ($200.00) dollars previously filed with the Prothonotary.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.51.A. Hearing by the Court. Lists of Masters. Appointment of Master. Notice of Hearing. Applicable Masters' Fees.
(1) The court shall maintain a list of masters which shall be comprised of attorneys appointed by the president judge from among those attorneys admitted to practice before the Supreme Court of Pennsylvania and actively engaged in the practice of law in Chester County who are deemed to be specially qualified to serve as masters.
(2)(a) In actions where ancillary claims have been raised and are at issue, on the motion of either party, a Master shall be appointed by the court to hear testimony and prepare a report and recommendation.
(3)(b) Motion for Appointment of a Master--A motion for the appointment of a Master may be filed at any time after the filing of a complaint in divorce and shall state specifically what claims are at issue, what claims have been settled by agreement and whether any such agreement is to be entered as a court order. The moving party must be in compliance with Pa.R.C.P. 1920.31 and 1920.33. The motion shall include a certification that the completed inventory has been filed and served on the other party. The motion and order shall be in the form prescribed by Pa.R.C.P. 1920.74(a), (b).
(4)(1) Certification of Service--The movant shall file, along with the motion for appointment of a Master, a certification that opposing counsel or any unrepresented party has been served with a copy of the motion and all other documents required pursuant to sub-section (3)(b) hereof.
(5)(2) The motion for the appointment of a Master shall aver whether any acting Master is disqualified from acting as a Master in the action and the basis for the disqualification.
(c) Objections to the Motion for the Appointment of Master shall be filed within ten (10) days of the filing of the motion and shall be in accordance with C.C.R.C.P. 206.1.C. except that no brief shall be required.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
(d) Cover Sheet--Any motion for appointment of a Master shall be filed in the office of the Prothonotary and shall be accompanied by the following a cover sheet, available at the office of the Prothonotary.
(e) Appointment of Master--Upon filing of the motion for the appointment of a Master, in the form prescribed by Pa.R.C. P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Family Court Administrator Masters' Unit for the scheduling of a preliminary conference. When a party files a motion for the appointment of a Master, the moving party shall pay to the Prothonotary the applicable fee pursuant to this Rule. No Master shall be appointed without such payment.
(f) Applicable Fee--The party filing for the appointment of a Master shall specify on the cover sheet the matters sought to be heard by the Master, which shall determine the applicable fee. In addition to posting the requisite fee, the moving party shall pay eight dollars ($8) for filing fee with the Prothonotary.1
(1) The fee for the appointment of a Master to hear only marital dissolution issues shall be $130.
(2) The fee for the appointment of a Master to hear interim issues of alimony pendente lite, counsel fees and/or litigation expenses shall be $100. The party moving for the appointment of a Master to hear a claim for alimony pendente lite shall file a time-stamped copy of the motion filed with the Prothonotary pursuant to subsection (1) hereof and a copy of the receipt or payment of the requisite fee, in the Domestic Relations Office of Chester County. The Domestic Relations Office shall then schedule a conference in accordance with Pa.R.C.P. 1910.12 and C.C.R.C.P. 1910.12.A.
(3) Whenever a party moves for the appointment of a Master to hear equitable distribution of marital property, whether or not there are other claims to be heard by the Master, the moving party shall deposit $500 for the Master's fee plus eight dollars ($8) for filing with the Prothonotary.
(g) The above fees are non-refundable.
Rule 1920.51.B. Regular Masters [Rescinded]
Rule 1920.51.C. Special Masters [Rescinded]
Rule 1920.51.D. Disqualification of Master. [Rescinded]
Rule 1920.51.E. Motion for Appointment of a Master. Applicable Masters' Fees.
(1) Cover Sheet--Any motion for appointment of a master shall be filed in the office of the Prothonotary and shall be accompanied by the following cover sheet, available at the office of the Prothonotary:
See Form on Page 165
(2) Appointment of Master--Upon filing of the motion for the appointment of a master, in the form prescribed by Pa.R.C. P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Family Court Administrator for the scheduling of a preliminary conference. When a party files a motion for the appointment of a master, the moving party shall pay to the Prothonotary the applicable fee pursuant to this Rule. No master shall be appointed without such payment.
(3) Applicable Fee--The party filing for the appointment of a master shall specify on the cover sheet the matters sought to be heard by the master which shall determine the applicable fee. In addition to posting the requisite fee, the moving party shall pay eight dollars ($8) for filing fee with the prothonotary.2
(a) The fee for the appointment of a master to hear only marital dissolution issues shall be $130.
(b) The fee for the appointment of a master to hear interim issues of alimony pendente lite counsel fees and/or litigation expenses shall be $100. The party moving for the appointment of a master to hear a claims for alimony pendente lite shall file a time-stamped copy of the motion filed with the Prothonotary pursuant to subsection (1) hereof and
1. The filing fee with the prothonotary is subject to change.
a copy of the receipt or payment of the requisite fee, in the Domestic Relations Office of Chester County. The Domestic Relations Office shall then schedule a conference in accordance with Pa.R.C.P. 1910.12 and C.C.R.C.P. 1910.12.A.
(c) Whenever a party moves for the appointment of a master to hear equitable distribution of marital property, whether or not there are other claims to be heard by the master, the moving party shall deposit $500 for the master's fee plus eight dollars ($8) for filing with the Prothonotary.
The above fees are non-refundable.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: C.C.R.C.P. 1920.51.E. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.51.A.(d)--(g).
Rule 1920.51.F. 1920.53.A. Hearing by Master. Master's Report.
(a) Master's Duty To Determine Jurisdiction--The Master shall examine the formal sufficiency and regularity of the proceedings and the question of jurisdiction on the face of the pleading. If defective, but curable by amendment, the Master shall notify counsel and suspend further action until the necessary amendment is made. When the Master is satisfied of the formal sufficiency and regularity of the proceeding and the existence of jurisdiction, the hearing shall proceed as follows:
(1)(b) Uncontested Cases Divorce and Annulment Cases--(Not Involving Equitable Distribution.)
(a)(1) Counsel shall be provided with written notice of the hearing at least ten (10) days prior thereto.
(b)(2) In all hearings before a master that are believed to be uncontested, tThe plaintiff shall, prior to the hearing, submit to the Master a written ''Plaintiffs Record of Testimony'' bearing the case's caption, and consisting of the following:
(i) The plaintiff's testimony, in question and answer form, signed and verified by the plaintiff,
(ii) Any exhibits specifically identified in the plaintiff's evidence, and
(iii) The testimony of each of the plaintiff's witnesses, in question-and-answer form, signed and verified by the witnesses.
(c)(1) The Master's hearing in uncontested cases shall be conducted as follows:
(i) At the time of hearing, Tthe plaintiff and all witnesses whose evidence Record of Testimony has been prepared in advance shall be present and shall affirm their prerecorded evidence, under oath or affirmation, in the Master's presence.
(ii) The Master may examine the plaintiff and the witnesses regarding the prerecorded evidence to evaluate their credibility, and may interrogate them as to any relevant matter whether or not included in the prepared record of testimony.
(iii) The Master, upon being satisfied that the plaintiff's record of testimony is credible, shall accept it and include it in the Master's report in lieu of findings on the merits, provided, however, that in the report the Master certifies that:
1.(a) At the hearing and in the Master's presence the plaintiff and witnesses offering prerecorded testimony were placed under oath and were examined and that they, by credible evidence, substantiated the facts set forth in the plaintiff's record of testimony, and
2.(b) No witness who was sworn or affirmed presented testimony or evidence contrary to the facts set forth in such record testimony.
(c) A report and recommendation of the Master shall issue at some time after the hearing.
(d) The Master's hearing, in contested divorce and annulment cases, shall be conducted as follows:
(1) The parties shall appear and present evidence, with a Court Reporter present.
(2) The Master may inquire of the parties under oath.
(2) Contested Cases--(or Involving Equitable Distribution) Rule 1920.54.A. Hearing by Master. Report. Related Claims.
(a) Preliminary Conference--
(i)(1) A Master shall hold a preliminary conference within thirty (30) days after being appointed to determine the scope of the ancillary issues raised. No stenographic record shall be made of this conference unless requested by a party, and approved by the Master, in which case that party shall engage and bear the cost of the stenographer.
(ii)(2) A Master may recommend to the court the entry of orders for discovery, alimony pendente lite, child sport support, counsel fees, expenses or costs following the preliminary conference.
(b) Discovery--
(1) Counsel may prepare and submit to the assigned Master and opposing counsel a listed of requested discovery at the preliminary conference.
(2) A Master may recommend to the court the entry of orders for discovery, including but not limited to, the filing of an inventory, an income and expense statement and affidavit of vital statistics. Said discovery orders may include discovery deadlines upon the request of either party or at the direction of the Master.
(b)(c) Prehearing Settlement Conference--Within thirty (30) days of the hearing, tThe Master shall conduct a settlement conference at which both parties shall submit a prehearing statement, which shall:
(1) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children;
(i) Identify all witnesses with a brief summary
(ii) Identify all exhibits and agreements which shall be premarked;
(iii) Identify all reports of all experts;
(iv)(2) Contains any updates on valuation of property at issue;
(3) Identifies any and all legal or factual disputes or issues;
(v)(4) Contains a proposed specific schedule of distribution of all property including the percent of distribution to each party;
(vi) Identify the dates and duration of conferences during which counsel and the parties have discussed settlement in good faith.
Editor's note: The prothonotary has prepared a Certification of Trial Readiness Divorce form.
See Form on Page 166
(d) Certification of Trial Readiness:
(1) At the conclusion of the settlement conference, if all discovery has been completed, the deadline for discovery has passed, the case has not settled and divorce grounds have been established, the parties may file a Certification of Trial Readiness.
(2) A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Master and proof thereof, shall be filed with the Prothonotary. Any certificate that fails to include an estimated time of trial will be rejected by the Master and not placed on the Master's trial list.
(3) Upon receipt of the Certification of Trial Readiness by the Master, the matter shall be placed on the assigned Master's trial list in accordance with the filing date as indicated by the Prothonotary's time-stamp.
(4) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary.
Comment: The form certificate has been moved to C.C.R.C.P. 1920.74.A. to be consistent with Pa.R.C.P. 1920.71, et seq.
Note: This form of certification of trial readiness amends the prior form originally published in 1993.
(c)(e) Hearing--
(i)(1) The Master shall hold a formal record hearing for the determination of all matters at issue. Each party shall file a pre-trial statement not less than 10 days prior to the scheduled Master's hearing not exceeding 3 pages setting forth:
(i) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;
(ii) a concise statement of the facts;
(iii) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
(iv) a list identifying the names and addresses of all witnesses each party intends to call at trial;
(v) copies of all exhibits to be offered at trial intended to be admitted during the party's case in chief;
(vi) identify and attach reports of all experts;
(vii) contain any updates on valuation of property at issue;
(viii) contain an updated, proposed specific schedule of distribution of all property including the percent of distribution to each party.
(2) Failure to comply with the above rule may result in the imposition of sanctions recommended by the Master and will, in addition, permit the drawing of adverse inferences by the Master and the court.
(3) A copy of the pre-trial statement shall be served upon the Master and opposing counsel or any unrepresented party. Proof of service shall be filed with the Prothonotary.
All discovery pertaining to the ancillary issues before the master shall be made and transcribed for filing pursuant to Pa.R.C.P. 1920.53(a)(l) at any formal hearing before the master and court reporters shall be made available to the masters.
(ii)(4) The time and place of such hearing shall be designated by the court. Court reporters shall be made available to the Masters. Once a hearing begins, it shall proceed to its conclusion within the limits of the estimated trial time. Thereafter, scheduling shall be consistent with the schedule of the Master. Whenever possible, consistent with the master's duties pursuant to Pa.R.C.P. 1920.53 et seq., the master shall announce his or her recommendations at the conclusion of the hearing.
(5) The Master shall file a report in accordance with Pa.R.C.P. 1920.54. and 1920.55-2(a)(1), (2).
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: Exhibits not attached and intended to be used as rebuttal or on cross-examination are still subject to relevancy standards by the finder of fact.
Comment: See generally, Pa.R.C.P. 1920.33
Rule 1920.53.A. Master's Report. Rescinded
(I) Preparation; Form--
(a) Upon receipt of notice of the filing of the transcript of testimony, or after the hearing if the plaintiffs record of testimony has been accepted in lieu of the transcript, the master shall prepare a report and recommendation and enclose the papers of the case in a strong backing paper in the following order:
(i) Decree Recommended
(ii) Master's Report
(iii) Testimony
(iv) Complaint and other papers in the case.
(b) The cover shall be endorsed with the court number, the names of the parties, the names of the attorneys and the name of the master.
(c) All regular master reports shall conform to Pa.R.C.P. 1920.53. All special master reports shall conform to Pa.R.C.P. 1920.53 and 1920.54.
(2) Notice of Filing of Report--If the defendant did not appear at the master's hearing, and if there is no attorney of record for the defendant, the master shall include in the notice required by Pa.R.C.P. 1920.53 and 1920.54 a statement that exceptions to the report may be filed with the prothonotary within ten (10) days after the date of filing of the report.
(3) Dismissal of Complaint-- If a master's report recommends that the divorce decree not be granted, and if no exceptions to the report are filed within ten (10) days of the filing of the report, the court shall dismiss the complaint.
Rule 1920.55.A. 1920.55-2.A. Master's Report. Notice. Exceptions to Master's Report. Final Decree
(1)(a) Dismissal--Exceptions shall be dismissed in any case in which the notes of testimony have not been ordered, and paid for if required, within thirty (30) days of the filing of the exceptions.
(2)(b) Briefs--
(1) No less than three (3) weeks before the date set for oral argument, the excepting party or parties shall file a brief with the Prothonotary, shall serve copies of the brief upon all counsel, unrepresented parties and the judge assigned to hear the exceptions, and shall file a certification that service has been made.
(2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification of service in the manner prescribed in (1) above.
(3) In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
(3)(c) Argument--If an excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, a non-excepting party may move for dismissal of the exceptions. If non-excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, he will not be heard at oral argument except by permission of the court.
Argument to the court shall be made only on the evidence in the record made before the master.
Comment: These motions to dismiss may be made at any time prior to commencement of oral argument and are not subject to the requirements of C.C.R.C.P. 206.1.(a).
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920. 72.A. Form of Complaint. Affidavit. Affidavit Under § 3301(c) or 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree Under § 33301(c) and § 3301(d). Form of Continuance.
(a) All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1930.1.A.
(b) All requests for continuance shall be by original motion. No facsimile requests will be accepted.
Rule 1920.74.A. Form of Motion for Appointment of Master. Order. Form of Certification of Trial Readiness --Divorce.
(a) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary. Upon the filing of the certificate, a copy shall be served upon the appointed Master.
(b) The certification of trial readiness shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA v. : NO. Defendant : CIVIL ACTION--IN DIVORCE
CERTIFICATION OF TRIAL READINESS--DIVORCE Please place the above-captioned case on the trial list of ______ , Esquire, Master and schedule if for a hearing. NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN. FAILURE TO BE READY AT THE TIME THE CASE IS CALLED MAY RESULT IN THE REASSIGNMENT OF THE CASE ON THE TRIAL LIST.
If after fifteen (15) days the adverse party fails to execute this certificate, the moving party may certify the matter as an active case.
Estimated trial time ______ .
I hereby certify that on ______ , I notified all interested parties.
_________________ _________________ Signature of Attorney Signature of Attorney For Plaintiff for Defendant _________________ _________________ Type Name & Attorney Type Name & Attorney I.D. No. I.D. No. _________________ _________________ Address of Attorney Address of Attorney _________________ _________________ Telephone # of Attorney Telephone # of Attorney __________
Unrepresented party (signature), name and address typed
TO BE FILED WITH THE PROTHONOTARY.
2004
(This form is printed on blue paper). Rule 1920.76.A. Incorporation of Agreement in Divorce Decree.
If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should the stipulation be included in the agreement itself, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the stipulation may be found.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: C.C.R.C.P. 1920.76.A. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.42.A.(d).
Rule 1930.1.A. Form of Pleadings. Form of Caption. Form of Continuance Request and Order. Form of Rule Returnable.
(a) The form of request for continuance as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : CIVIL ACTION--IN
MOTION FOR CONTINUANCE I, ______ , Esquire, attorney for Plaintiff/Defendant, move for a continuance of the ______ (specify type of hearing) scheduled for ______ , 20____ at _____ __m. in Courtroom No. ______ for the following reasons: __________
__________
The opposing party/counsel ______ (name) has been notified and AGREES/DISAGREES.__________
Attorney for Plaintiff/Defendant_________________ (name)
__________
ORDER FOR CONTINUANCE AND NOW, this ______ day of ______ , 20____ , based upon the foregoing Motion, the continuance is GRANTED/DENIED.
The above matter is hereby rescheduled to the ____ day of ______ , 20____ in Courtroom No. ____ at ______ __.m.
BY THE COURT:
_________________ J.
(b) The form of Rule to Show Cause as required by Pa.R.C.P. 206.6, in Family Matters shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : CIVIL ACTION--IN
RULE AND NOW, this _____ day of _____ , 20____ , upon consideration of with Petition for ______ , a Rule is issued upon the Respondent, ______ , to show cause, if any he may have, why the prayer of the Petition should not be granted.
Rule Returnable the ______ day of ______ , 20______ , with hearing the ____ day of ______ , 20____ at _____ a.m./p.m. in Courtroom No. ____ , of the Chester County Courthouse, West Chester, PA.
The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.
BY THE COURT:
_________________
Rule 1930.3.A. Testimony by Electronic Means.
(a) The procedure for requesting testimony by electronic means shall be in accordance with C.C.R.C.P. 206.1.A.(1).
(b) Should the court grant a request for testimony by electronic means, the requesting party shall be responsible for all costs by either the initiation of the telephone call or by use of a credit card for payment.
Comment: The court requires no less than 48 hours notice to arrange for the use of specialized equipment.
See generally Pa.R.C.P. 1920.3.
Rule 1930.5.A. Discovery in Domestic Matters. Sanctions.
If a party does not comply with a discovery order, the master may either:
(a) Proceed, nevertheless, to consider the evidence presented by the parties and, in his or her closing report, recommend sanctions against the non-complying party, including deemed admissions on the matters involved; or
(b) Make an immediate recommendation to the court that sanctions of a specified nature be imposed.
Comment: Pa.R.C.P. 1920.33(a) requires the filing of an inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code. Any party who has complied with these Rules may, where appropriate, apply to the court for sanctions pursuant to Pa.R.C.P. 4019 if the opposing party has failed to answer interrogatories and/or failed to file a required document. In the event of a successful Application pursuant to Pa.R.C.P. 4019, the Court of Common Pleas of Chester County may grant a broad order requiring, inter alia: timely answers to interrogatories; timely production of all relevant documents requested; and, when appropriate, deposition of the uncooperative party. Failure to comply with a court order requiring compliance with mandatory or other discovery will result in the imposition of appropriate sanctions, which may include, inter alia, an award of counsel fees and/or costs.
Comment: Requests for Discovery shall be made in accordance with C.C.R.C.P. 206.1.A.(1).
Rule *1940.3 1940.3.A. Order for Orientation Session and Mediation. Selection of Mediator.
(a) Except as provided in (c) below, in an action for custody, partial custody or visitation where an agreement is not reached and reduced to writing by the conclusion of the Custody Conciliation Conference, (see Local Rule 1915.5B) the parties upon recommendation by the conciliator may attend a two-hour custody mediation orientation session.
(a) All Complaints for Custody or Petitions to Modify Custody shall be referred to mediation. The mediator shall be assigned to the case at the time the custody conciliation conference and the parenting classes are scheduled. All parties shall call the assigned mediator within three (3) days of receiving the Complaint for Custody or Petition to Modify.
(b) An orientation session is an initial meeting between parties, and a mediator pursuant to Local Rule 1940.4 below, to educate the parties concerning the mediation process so that an informed choice can be made about continued participation in that process. The mediation is confidential at the point, if any, that mediation commences during, or after, the initial orientation session.
(b) All parties shall attend a custody mediation orientation, unless otherwise excused under this rule.
(c) An orientation session shall not be recommended required if a party or a party's child is or has been the subject of a Protection from Abuse Order abuse by either party within 24 months preceding the filing of the action.
(d) The Family Court Administrative Office shall maintain a list of custody mediators who have satisfied the requirements of C.C.R.C.P. 1940.4.A. The list of custody mediators shall be made available, upon request, to all parties and counsel.
(e) In the event the parties agree to additional mediation at the conclusion of the orientation session, 42 Pa.C.S.A. § 5949 shall govern confidentiality and admissibility issues.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.4 1940.4.A. Minimum Qualifications to be a Mediator Under Local Rule 1940.3. of the Mediator.
(a) A mediator must meet the following minimum requirements:
(1) hold a postgraduate level degree in law, or a mental health field such as psychiatry, psychology, counseling, or family therapy;
(2) have successfully completed a 40-hour basic mediation training in a custody mediation program approved by the PBA, or the Academy of Family Mediators, the Academy of Matrimonial Lawyers, or substantial equivalent; consistent with Pa.R.C.P. 1940.4.
(3) provide annual, written proof to the Court's designee that the mediator maintains a current policy of Professional Liability Insurance covering mediation is maintained; which includes mediation as a covered practice area;
(4) participation in a program offered by the Family Law Section of the Chester County Bar Association involving substantive law training, training concerning our local child custody procedures, and training concerning the local custody mediation orientation program, including reporting obligations;
(4) complete twenty (20) hours of additional mediation training every two (2) years, effective January 1, 2002. For the purposes of this rule, additional training shall include advanced mediation training, ongoing supervision by or consultation with an Advanced Practitioner level member of ACR or substantial equivalent, or by a professional mediation trainer.
(5) continued compliance with the ethical standards and any continuing educational requirements of the PBA, or the Academy of Family Mediators, or the Academy of Matrimonial Lawyers, or substantial equivalent.
(b) Mediators shall submit an application and an application fee in the amount of $100.00 $150.00 or such sum as the Court directs to the Court's designee]. Mediators shall be required to renew their registration as a mediator annually every two years and to pay an annual a bi-annual renewal fee of $25.00. $70.00 or such sum as the Court directs.
(c) The Court, upon its own motion or the motion of it's designee, shall have the authority to decertify any Chester County custody mediator who has not complied with any provision of these Rules.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.5.1940.5.A. Duties of the Mediator.
(a) At the orientation session, the mediator must inform the parties in writing of the following:
(1) the costs of mediation;
(2) the process of mediation;
(3) that the mediator does not represent provide legal advice, therapy or counseling to either or both of the parties;
(4) the nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest;
(5) that mediation is not a Substitute for the benefit of independent legal advice; and
(6) that the parties should obtain legal assistance for drafting or reviewing any agreement.
(b) When proceeding from the orientation to mediating a custody dispute, the mediator The primary focus of all custody mediation shall ensure that the parties consider fully be the best interests of the children.
(c) Only with the consent of tThe parties, the mediator may meet with mutually agree that the mediator include the parties' children or invite other persons to participate in the mediation process.
(d) At the conclusion of the mediation session, the mediator shall submit a written report to the Family Court Administrative Office.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.6. 1940.6.A. Termination of Mediation
(a) Mediation, if undertaken after the initial orientation session, shall terminate upon the earliest of the following:
(1) a written agreement between the parties on all custody issues;
(2) a written agreement between the parties that mediation be terminated;
(3) a partial written agreement between the parties concerning custody issues and a determination by the mediator that further mediation will not resolve the remaining issues;
(4) a written determination by the mediator that tile [sic] the parties are unable to reach an agreement through mediation or that the proceeding is inappropriate for mediation; or
(5) a refusal of one of the parties to continue with the mediation.
(b) If the parties reach a complete or partial agreement regarding custody at the mediation, the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a Memorandum Temporary Custody Order, setting forth the terms of the parties' agreement. In no event shall any such Memorandum Temporary Custody Order be binding on the parties unless and until it is incorporated into a written agreement signed by the parties.
(c) The mediator may mediate subsequent disputes between the parties, but shall not act as attorney, counselor, or psychotherapist, for any party either during or after the mediation of a custody action, or in any matter which was the subject of mediation. If the parties reach an agreement regarding custody at mediation, the mediator shall advise them that they may review the Temporary Custody Order with an attorney. If the parties wish to review the Temporary Custody Order with their attorneys, the order shall not be signed, by the parties, at mediation. The mediator shall provide the parties with a copy of the Temporary Custody Order. The attorneys must finalize and submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.
(d) The mediator is prohibited from instructing either of the parties to sign any Memorandum Agreement. No mediator drafted Memorandum shall be submitted to the Court in any proceeding, nor is such admissible as evidence in the absence of a written Agreement signed by the parties. The parties may agree to waive review by their attorneys and to sign the Temporary Custody Order at the mediation. If the parties sign the Temporary Custody Order at mediation, the mediator shall submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.7. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Note: Rule 1940.7 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.8. 1940.7.A. Mediator Compensation.
Mediators shall be compensated for their orientation services at the rate of $75.00 per hour or such sum as the Court directs. Unless otherwise ordered, the rate established for the custody mediation orientation session shall be divided between the parties.
Rule * 1940.7 Mediator's Report.
The Mediator's Report shall be filed by the mediator with the Family Court
Note: Rule 1940.7. has been subsumed by C.C.R.C.P. 1940.5.A.
Rule *1940.8. Mediator Compensation.
Mediators shall be compensated for their orientation services at the rate of $75.00 per hour. Unless otherwise ordered, the rate established for the custody mediation orientation session shall be divided between the parties.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin
Note: Rule 1940.8 has been moved in its entirety to C.C.R.C.P. 1940.7.A. to coincide with the Pennsylvania Rules of Civil Procedure.
Rule * 1940.8. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Rule *1940.9 1940.8.A. Sanctions.
On its own motion or the motion of a party, the Court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney's fees, including those incurred in the filing and presentation of the motion for sanctions, as well as a finding of contempt. A hearing on a Custody Complaint or Petition The Custody Conciliation shall not be delayed, however, by a party's refusal or failure in to attending the mediation orientation sessions.
Rule *1940.8. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Note: Rule 1940.8 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.9 Sanctions.
On its own motion or the motion of a party, the Court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney's fees, including those incurred in the filing and presentation of the motion for sanctions, as well as a finding of contempt. A hearing on a Custody Complaint or Petition The Custody Conciliation shall not be delayed, however, by a party's refusal or failure in to attending the mediation orientation sessions.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin
Note: Rule 1940.9 has been moved in its entirety to C.C.R.C.P. 1940.8.A. to coincide with the Pennsylvania Rules of Civil Procedure.
Rule *1940.10. 1940.10.A. Evaluation of Custody Mediation Orientation Program.
(a) The court [or its designee] may evaluate the mediation orientation program annually.
(b) The President Judge may appoint a judge of the Court designee to oversee and implement the program consistent with the local Court Rules Chester County Rules of Civil Procedure, including, but not limited to, implementing and monitoring the program consistent with Paragraph (a) above.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.11. Certificate of Compliance.
A certificate of compliance shall be filed by the mediator with the Prothonotary's Office, confirming compliance. Such certificate shall reflect only that such party or parties have complied with these Rules without further detail (see 42 Pa.C.S.A. 5949).
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.12. Available List of Mediators
The Family Court Administrator shall maintain and make available to all parties and counsel in the Family Court Administrator's Office a list of custody mediators who have satisfied the requirements of Local Rule 1940.4. Such list shall include, at a minimum, the names, addresses and the schedule of fees for mediation services.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Note: Rule 1940.12 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.13 1940.11.A. Ex Parte Communications Counsel and/or the parties shall not engage in or participate in ex parte communications with the mediator regarding substantive issues which relate to the mediation. Communications regarding scheduling are not subject to this rule.
Rule *1940.14 1940.12.A. Removal of Mediator from Court List.
(a) A mediator is an at will service provider and may be removed from the court list for the following reasons:
(1) failure to maintain current mediation qualifications as set forth in Rule 1940.4; C.C.R.C.P. 1940.4.A.
(2) failure to file mediator's reports with the court in a timely manner;
(3) multiple negative reports about the mediator; or
(4) other just cause.
(b) Procedure for Removing a Mediator from the Court List
(1)
(i) Complaints regarding a mediator shall be in writing and be sent to the Family Court Administrator for submission to the Court.
(ii) All complaints shall be considered confidential in nature.
(2) The Court, in its discretion, may decide whether to remove a mediator or recommend additional training or other remedial steps.
(3) If remedial steps are recommended, the mediator may be suspended during the time needed for additional training but shall not be removed from the list unless the mediator fails to amend the situation to the satisfaction of the Court.
[Pa.B. Doc. No. 04-845. Filed for public inspection May 14, 2004, 9:00 a.m.]
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