THE COURTS
WASHINGTON COUNTY
Local Rules; No. 2007-1
[37 Pa.B. 404]
[Saturday, January 27, 2007]
Order And Now, this 11th day of January, 2007; it is hereby Ordered that the Local Rules governing Petition for Approval of Settlements Where a Minor has an Interest (L-2039.1), Notice of Sale--Real Property (L-3129) and Filing of Certificate of Deposition (L-4017(d)) be moved from under the Divorce Rules title and re-titled as attached and that the Local Rules governing Divorce, Custody and Support be rescinded and re-stated as attached.
These rules will be effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President Judge
MINORS AS PARTIES L-2039.1 PETITION FOR APPROVAL OF SETTLEMENTS WHERE A MINOR HAS AN INTEREST
a. A petition for settlement of a case in which a minor has an interest shall initially be filed with the Prothonotary. When a minor's settlement has been approved by a settlement conference or a Trial Judge, that Judge shall retain jurisdiction for judicial determination of the petition in accord with paragraph B. In all other cases, such petition will be determined by the Motions Court Judge.
b. The petition shall:
1. Set forth the factual circumstances of the case;
2. State the reasons why the settlement is a proper one; and
3. Be accompanied by the following:
a. A proposed order of distribution;
b. A written report of a physician;
c. A statement under oath by the guardian certifying (1) the present physical or mental condition of the minor, and (2) approval of the proposed settlement and distribution thereof.
d. A statement of the professional opinion of counsel as to the reasonableness of the propose settlement and the basis for such opinion; and
e. In the event that the minor is sixteen years of age or over, his or her written approval of the proposed settlement and distribution thereof.
c. The Order of Distribution shall include an award of counsel fees. The standard for the award of counsel fees in the representation of minors is that such fees must be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Rules of Professional Conduct. Under normal circumstances a counsel fee in the amount of one-third of the net fund recovered shall be considered reasonable, subject to the approval of the Court. The attorney fee determined shall be reduced by the amount of collateral payments received as counsel fees for representation involving the same matter from third parties such as Blue Cross/Blue Shield.
d. The approving Judge, to whom the petition is submitted, may, at his or her discretion, require the personal appearance of the minor, his guardian, his doctor, or any other relevant party, as well as the production of any other evidence deemed necessary for approval of the Petition.
ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY L-3129--NOTICE OF SALE--REAL PROPERTY
a. The Plaintiff causing the issuance of the writ of execution for the sale of real property shall furnish to the sheriff, (1) a complete description of the property to be sold and the improvements, if any, with a brief recital of title, which complete description and recital shall be included in full in the deed executed pursuant to a sale; and (2) a brief description of the property to be sold, its location, the improvements, if any, and the name of the owner or reputed owners, with or without a brief recital of title, which shall be the description used in the notice of sale provided for in Subdivisions (a) and (b) of Pa. R.C.P. 3129.1, 3129.2.
b. The notice of sale provided in Subdivisions (a) and (b) of Pa.R.C.P. 3129.1, 3129.2 shall also include a notice of the terms and conditions of sale.
c. Execution sales of real property shall be held only in the Sheriff's Office or the meeting room of the Washington County Office Building on the first Friday of each month except August provided, however, that if the first Friday be a holiday, the sale shall be held the following Monday.
DEPOSITIONS AND DISCOVERY L-4017(d)--FILING OF CERTIFICATE OF DEPOSITION
a. Upon completion of the stenographic transcription of any deposition, the stenographer before whom the deposition has been taken shall file with the Prothonotary a Certificate of Deposition. The Certificate of Deposition shall contain the following information and shall substantially conform to the form shown in Appendix K.
1. The name(s) of the person(s) deposed; and
2. That the witness was duly sworn; and
3. The total number of pages in each deposition; and
4. The date, time and place deposition was taken; and
5. The counsel present at deposition; and
6. The name of counsel who has received the original transcription and copies thereof.
b. The Prothonotary shall promptly file the Certificate and record its filing on the docket.
c. Custody and responsibility for original deposition transcript shall remain with the attorney who has received the original transcription until the case is terminated or the deposition has been filed pursuant to paragraph 4 herein.
d. The attorney having custody of the original deposition shall forthwith file the entire original deposition transcription with the Prothonotary whenever so directed by the Court.
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE L-1920.1 DEFINITIONS
(a) Reserved.
(b) Reserved.
(c) A copy of these rules shall be maintained by the Court Administrator's Office, and a copy shall be provided to the Prothonotary and County Law Library and be made generally available pursuant to Pa.R.C.P. 239(c)(5).
L-1920.2 RESERVED
L-1920.3 COMMENCEMENT OF ACTION
(a) A duplicate copy of the complaint shall be filed with the Prothonotary who shall forward it to the Civil Division of the Court Administrator's Office. Upon receipt of the complaint, the Court Administrator shall assign the case to a Judge based upon current administrative assignments.
(b) A duplicate copy of other pleadings and other documents shall be filed with the Prothonotary who shall forward it to the Civil Division of the Court Administrator's Office, specifically including petitions and orders to bifurcate proceedings.
(c) At the time of the filing of the complaint, the plaintiff will pay the non-refundable charge as set forth in Appendix G, Custody/Divorce Fee Schedule. Each item of relief requested in the original complaint or any future amended complaints shall be designated in a separate numbered count. The Prothonotary shall in the monthly report indicate the amount collected pursuant to this Rule. This amount is in addition to the Prothonotary's filing fees.
(d) When a request for appointment of a Master in Divorce or Child Custody Conference Officer is made, the request must be accompanied with proof of payment of the non-refundable Master/Stenographic fee as set forth in Appendix G, Custody/Divorce Fee Schedule.
L-1920.4 SERVICE
(a) When service is made by registered or certified mail, restricted delivery, return receipt requested, the return receipt card shall be attached to the affidavit of service.
(b) When a special order for service is sought, a motion, or petition, shall be presented to the Court, setting forth what attempts have been made to serve the defendant, as well as the nature and extent of the good faith search to locate the defendant.
(c) The affidavit of service required under section 3301(d) of the Divorce Code may be served with the complaint.
(d) The affidavit of service must set forth with particularity the pleadings, attachments and documents so served.
L-1920.5--L-1920.30 RESERVED
L-1920.31 JOINDER OF RELATED CLAIMS. CHILD AND SPOUSAL SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. EXPENSES.
(a) Reserved.
(b)(1) The Civil Division of the Court Administrator's Office shall route all applications for child support to the Domestic Relations Section. If there is an existing/pending action for child support in the Domestic Relations Section, it shall be incorporated by the Master in Divorce into his report. The Civil Division of the Court Administrator's Office shall route requests for APL and counsel fees, costs, and expenses to a Master in Divorce for consideration upon assignment of the Master to the case. A request for APL may be heard by a Support Hearing Officer pursuant to Local Rule 1910.10-2.
(b)(2) Reserved.
(c) Reserved.
(d) Reserved.
L-1920.32 JOINDER OF RELATED CLAIMS. CUSTODY. HEARING BY COURT.
(a) All complaints containing a Custody Count and all Counts of Custody filed separately must be accompanied with a scheduling order found at Appendix E if the moving party is seeking to have the Custody Count immediately addressed by the Court. The order shall be processed in accordance with L-1915.3. If the moving party does not seek to have the Custody Count immediately addressed by the Court, the party may subsequently seek Court action on the Custody Count by presenting a scheduling order to the Civil Division of the Court Administrator's Office.
(b) The Custody Count shall follow the practice and procedures governing Custody by filing a custody complaint or petition and scheduling order at the divorce case number in the Prothonotary's Office.
L-1920.42 AFFIDAVIT AND DECREE UNDER § 3301(c) OR § 3301(d) OF THE DIVORCE CODE. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE IN § 3301(c) AND § 3301(d) DIVORCES. COUNTER-AFFIDAVIT.
(a) Reserved.
(b) Reserved.
(c) Where both parties have filed affidavits under § 3301(c) of the Divorce Code evidencing consent to the entry of a final decree, the plaintiff shall file at the Prothonotary's Office a Praecipe to Transmit Record indicating whether a marital settlement agreement should be incorporated or merged into the decree. See L-1920.73.
(d) If a complaint has been filed requesting a divorce on the grounds of irretrievable breakdown and the plaintiff has filed an affidavit under § 3301(d) of the Divorce Code, the averments of which the defendant has either admitted or not denied, the plaintiff shall file at the Prothonotary's Office a Praecipe to Transmit Record indicating whether a marital settlement agreement should be incorporated or merged into the decree. See L-1920.73.
L-1920.43 SPECIAL RELIEF
(a) Requests for injunctive relief shall be presented to the Family Court Judge to whom the case is assigned and not to the Master in Divorce. All motions must be presented to the Family Court Judge to whom the case is assigned including motions to continue Master's Hearings.
(b) Reserved.
L-1920.44 RESERVED
L-1920.45 COUNSELING
(a) Reserved.
(b) The Civil Division of the Court Administrator's Office will maintain a list of counselors approved for use by the court. The parties may agree to use the services of a counselor or agency not on the list approved by the court.
(c) In the event the parties cannot agree on any or all of the following issues, the moving party shall petition the Court to determine:
(1) Which party shall pay for counseling or how the payments for counseling shall be apportioned;
(2) The counselor or agency to be utilized;
(3) The number of counseling sessions--see Divorce Code § 3302.
(d) Reserved.
L-1920.46--L-1920.50 RESERVED
L-1920.51 HEARING BY THE COURT. APPOINTMENT OF MASTER. NOTICE OF HEARING.
(a) Any divorce case may be referred to a Master. Standing and Special Masters may be appointed by the Court. The Court may assign a case to a particular Standing Master rather than conduct assignments on a strictly rotational basis.
(1) The Standing Masters in Divorce shall be assigned by the Court. Before a Master is appointed by the Court, the moving party shall pay to the Prothonotary the non-refundable Master/Stenographic fee as set forth in Appendix G, Custody/Divorce Fee Schedule. Proof of this payment must accompany the Motion to Appoint a Master.
(i) The Motion to Appoint a Master shall be delivered to the Civil Division of the Court Administrator's Office along with an Appointment Order. See PA.R.C.P. 1920.74. The Civil Division of the Court Administrator's Office will assign a Standing Master and will deliver the Motion to Appoint a Master and the Appointment Order to the Family Court Judge to whom the case is assigned. When the Motion to Appoint a Master is signed by the Family Court Judge to whom the case is assigned, the Civil Division of the Court Administrator's Office will contact the moving party to pick up the Motion and Order. The moving party will then file the Motion and Order in the Prothonotary's Office and will provide a copy of the Motion and Order to the Civil Division of the Court Administrator's Office. The Civil Division of the Court Administrator's Office will not file Motions, Petitions, Orders, or other documents on behalf of a party.
(ii) Upon the written agreement of counsel for the parties or the parties the Court may appoint a Special Master in appropriate cases. The parties shall present the written agreement by way of a Motion to the Family Court Judge to whom the case is assigned. The Motion shall specify the payment terms of the Special Master, including the apportionment of the payment and the terms and conditions of the payment. The Motion shall also address the provisions made by the parties for private, stenographic services and shall set forth the apportionment and terms and conditions of the payment for these services. The Special Master shall comply with all Rules of Civil Procedure and the Local Rules of Court. The moving party shall provide a copy of the Motion and Order to the Civil Division of the Court Administrator's Office.
(b) A Master in Divorce shall give counsel of record at least 10 days notice before conducting any conference or hearing.
(c) A Master in Divorce shall give a party who is not represented by counsel at least 10 days notice before conducting any hearing or conference.
(d) Reserved.
(e) Reserved.
(f) Payment of the Master/Stenographic fee shall entitle the parties to a maximum of two Preliminary Conferences, a one-hour Hearing on Preliminary Issues, if necessary, and a maximum of a one-day hearing or two half-day hearings. If the Master determines that additional testimony is required, then the Master shall assign payment of costs at the current rate to either the plaintiff or the defendant or shall apportion the costs between the parties as deemed appropriate. Upon the recommendation of the Master the assignment of costs will be made in an Interim Interlocutory Order signed by the Family Court Judge to whom the case is assigned. The issue shall be addressed in the final Master's Report. A Master shall conduct no more than three full-day hearings or five half-day hearings in any case, except upon specific approval of the Family Court Judge to whom the case is assigned. The party or parties seeking an additional hearing(s) must, within seven days of the last scheduled hearing in the case, present a Motion to the Family Court Judge to whom the case is assigned specifying the need for the additional hearing(s). The moving party will file the Motion and resulting Order at the Prothonotary's Office and will provide a copy of the order and proof of payment of the costs to the Civil Division of the Court Administrator's Office. If the Motion is granted, the costs will be apportioned at the same rate established by the Master for previous hearings in the same matter. The costs will be payable to the Prothonotary's Office at the time the Motion and resulting Order are filed. If the Motion is granted, the Civil Division of the Court Administrator's Office will schedule the hearing.
(g) Motions for continuances of proceedings before a Master will be presented by the moving party to the Family Court Judge to whom the case is assigned in Motions Court prior to the scheduled proceeding. The order granting or denying the continuance will be filed in the Prothonotary's Office. A copy of an order granting a continuance will be delivered by the moving party to the Civil Division of the Court Administrator's Office.
(1) A $25.00 fee will be charged for continuances. Except in the case of an emergency, when a party seeks and receives a continuance on the day of a scheduled conference or hearing the party will be charged a $75.00 fee. The fee will be paid by the moving party to the Prothonotary's Office when the Motion and Continuance Order are filed. The fee shall be paid in the form of a check or money order payable to the Washington County Prothonotary.
(2) Motions for continuances shall be set forth in writing containing the following information:
(i) A clear, concise, and certain reason for the request.
(ii) A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the request for continuance, if applicable.
(iii) A statement of the number of prior continuances, if any.
(iv) If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
(3) The Notice of Presentation of the Continuance Motion shall include the date of service of the motion upon the opposing counsel or the opposing party, if unrepresented.
L-1920.52 RESERVED
L-1920.53 HEARING BY MASTER. REPORT.
Subject to the direction and control of the Court, the court-appointed Master shall have procedural and administrative control of the proceedings in regard to the detention of witnesses for examination and the general course of the proceedings. The Master shall rule on objections to the competency or relevance of testimony, as well as the admissibility of evidence. If the Master sustains the objection, the testimony shall not be heard or reported. Parties may file exceptions to the Master's rulings in accordance with L-1920.55.
L-1920.54 HEARING BY MASTER. REPORT. RELATED CLAIMS.
(a) The Master shall subdivide the report into separate sections, one for each claim for relief raised in the proceedings.
(b) Reserved.
(c) Reserved.
(d) The Master may afford the parties the opportunity to submit suggested findings of fact and/or conclusions of law within 30 days of the close of testimony.
(e) The Master shall file the original and two copies of the report and recommendations with the Prothonotary who shall mail notice of the filing and a copy of the report and recommendations to counsel of record or to a party, if unrepresented.
(f) The Master may file a preliminary report and recommendations concerning matters such as the basis for the divorce or the payment of counsel fees and expenses.
L-1920.55--L-1920.55-1 RESERVED
L-1920.55-2 MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.
(a) Reserved.
(b) Reserved.
(c)(1) Exceptions to the Master's Report and Recommendations shall be filed with the Prothonotary and a copy shall be delivered to the Civil Division of the Court Administrator's Office. The Family Court Judge to whom the case is assigned will then schedule argument on the exceptions or order that the matter will be decided on the briefs. The Civil Division of the Court Administrator's Office will mail notices of the date and time of the exceptions argument by first class mail to the counsel for the parties or to the parties if unrepresented.
(c)(2) Exceptions may be filed to a Preliminary Master's Report and Recommendations only if the Preliminary Report and Recommendations addresses the underlying basis for the divorce and must be limited to that issue only. In such a case, exceptions must be filed within 10 days of the filing in the Prothonotary's Office of the Preliminary Report and Recommendations. The parties must then comply with paragraphs (c)(3) and (c)(4) below. No exceptions may be taken to any other issues included in the Preliminary Master's Report and Recommendations. Such issues will be included in the Final Master's Report and Recommendations, and parties may take exceptions thereto.
(c)(3) The excepting party must file its brief with the Family Court Judge to whom the case is assigned no later than 20 days before the scheduled argument, and the non-excepting party must file its brief with the Family Court Judge to whom the case is assigned no later than 10 days before the scheduled argument. If both parties file exceptions, the first party to file the exceptions must file its brief no later than 20 days before the scheduled argument, and the opposing party must file its brief no later than 10 days before the scheduled argument. The Court may order submission on the briefs or the parties may agree to submit to the Court on the briefs without argument.
(c)(4) Oral arguments shall be restricted to issues addressed in written briefs.
(c)(5) The Family Court Judge to whom the case is assigned may remand the case to the Master for further review, may hear argument, or may conduct an evidentiary hearing.
L-1920.56--1920.61 RESERVED
L-1920.62 PROCEEDINGS BY INDIGENT PARTIES
Petitions regarding indigency and requesting relief from payment of costs shall be addressed to the Family Court Judge to whom the case has been assigned and must contain a request that the Court require the other party to pay the costs of the action. The Court ma order the other party to pay all or part of such costs.
L-1920.63--1970-72 RESERVED
L-1920.73 NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE. PRAECIPE TO TRANSMIT RECORD. FORMS.
(a) Reserved.
(b) When the grounds for divorce are based on § 3301(c) or § 3301(d) of the Divorce Code, the Praecipe to Transmit Record shall include the follow:
6. Check applicable box:
(a) Section 3301(c) with incorporation of property/marital settlement Yes ( ) No ( )
(b) Section 3301(d) with incorporation of property/marital settlement Yes ( ) No ( )
L-1920.74 SETTLEMENT AGREEMENTS AND STIPULATIONS.
Property/Marriage Settlement Agreements or Stipulations which include a provision or provisions concerning child support shall be subject to Local Rules 1910.17-3 and 1910.17-4.
L-1930.5 DISCOVERY IN DOMESTIC RELATIONS MATTERS
(a) Applications for discovery contemplated by Pa R.C.P. 1930.5(a) shall be presented to the Family Court Judge to whom the case is assigned and shall not be presented to the Master in Divorce or Child Custody Conference Officer.
APPENDIX J
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION
, ) ) Plaintiff, ) ) vs. ) No. ) , ) ) Defendant. )
MOTION FOR APPOINTMENT OF MASTER ______ (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims:
( ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states:
(1) Discovery (is) (is not) complete as to the claims(s) for which the appointment of master is requested.
(2) The non-moving party (has) (has not) appeared in the action (personally) (by his attorney, ______ , Esquire).
(3) The statutory ground(s) for divorce (is) (are)
__________
__________
__________
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
__________
(c) The action is contested with respect to the following claims:
__________
(5) The action (involves) (does not involve) complex issues of law or fact.
(6) The hearing is expected to take ____ (hours) (days)
(7) Additional information, if any, relevant to the motion: __________
__________
(8) Attached to this motion is proof of payment of the Master/Stenographer fee or request to proceed in forma pauperis.
Date: ______
_________________
Attorney for (Plaintiff) (Defendant)
ACTIONS FOR CUSTODY, PARTIAL CUSTODY,
AND VISITATION OF MINOR CHILDRENL-1915.1 SCOPE
(a) These Rules shall apply to actions for custody, partial custody and visitation of minor children and to modification of existing orders relating thereto as governed by the Pa.R.C.P. 1915.1--1915.25 and by reference, 1920.32.
(b) A copy of these rules shall be maintained by the Court Administrator's Office and a copy shall be provided to the Prothonotary and County Law Library and be made generally available pursuant to Pa.R.C.P. 239(c)(5).
L-1915.2 RESERVED
L-1915.3 COMMENCEMENT OF ACTION, COMPLAINT, ORDER
(a) All actions raising custody, partial custody, visitation or modification of existing orders for minor children shall be commenced by the filing of a verified complaint or, in the case of a custody count in a divorce complaint, a petition and a separate scheduling order as set forth in Appendix E. The scheduling order located in Appendix E must also be filed and processed in accordance with this rule when any Divorce Complaint with a Custody Count is filed or when any Custody Count is filed separately.
(b) The moving party shall proceed to the Civil Division of the Court Administrator's Office with an original and two (2) copies of the complaint or petition and the separate scheduling order for an assignment of a date and a time for the Pre-Custody Conciliation Meeting. The Pre-Custody Conciliation Meeting shall be scheduled for a date and a time not later than forty-five (45) days after the filing of the complaint or petition. The Civil Division of the Court Administrator's Office will present the complaint or petition to the Family Court Judge to whom the case is assigned for signature and return the signed complaint or petition to the moving party. The moving party will file the complaint or petition with the Prothonotary's Office. The Civil Division of the Court Administrator's Office will not file complaints or petitions on behalf of parties. A copy of the scheduling order will then be delivered by the moving party to the Civil Division of the Court Administrator's Office. The Civil Division of the Court Administrator's Office will give parenting program information as well as the Parent Plan form to the moving party. The moving party shall attach copies of each to the filed, time-stamped copies of the complaint or petition and serve the defendant(s) with the complaint or petition, the parenting program information and a copy of the Parent Plan form.
(c) The moving party shall file proof of service of the complaint or petition with the Washington County Prothonotary and provide a copy of the proof of service of the complaint or petition, the parenting program information, and a copy of the Parent Plan form to the Civil Division of the Court Administrator's Office prior to the Pre-Custody Conciliation Meeting.
(d) The presentation of the pleadings referred to in subdivision (a) shall be the responsibility of the moving party and if necessary, may be ex parte. The moving party shall be responsible for filing and serving the pleadings in accordance with Pa.R.C.P. 1915.3 and 1915.4. The moving party shall insure that a minimum of seven (7) days notice of the meeting or conference or any other appropriate proceeding is afforded to any interested parties. In the event seven (7) days' notice cannot be afforded to any interested parties, the moving party shall notify the Civil Division of the Court Administrator's Office forthwith.
(e) All appropriate costs and fees shall be paid at the time of filing.
(f) A duplicate copy of other pleadings and other documents shall be filed with the Prothonotary who shall forward it to the Civil Division of the Court Administrator's Office, specifically including petitions and orders to bifurcate proceedings.
L-1915.4 PARENTING PROGRAM
As a prerequisite to court involvement in a custody matter, all parties to the action are ordered to attend the mandatory parenting program prior to the Pre-Custody Conciliation Meeting. Failure of a party to attend the parenting program will result in sanctions against the party up to and including being prohibited from proffering evidence in the Meeting or Conference, or being held in contempt by the Court. See Administrative Regulation 2002-1.
L-1915.5 MOTIONS
(a) Objections to jurisdiction or venue, motions concerning discovery, joinder of parties, psychological or psychiatric examinations, and appointment of counsel for minors shall be presented to the Family Court Judge to whom the case is assigned.
(b) If the issue of paternity is raised, the parties shall immediately apply for appropriate relief to the Family Court Judge to whom the case is assigned, with all Custody proceedings to be stayed pending resolution of the paternity issue.
L-1915.6--1915.7 RESERVED
L-1915.8 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Issues concerning physical and mental examinations of persons will be addressed directly to the Family Court Judge to whom the case is assigned who will follow the procedures set forth in Pa.R.C.P. 1915.8.
L-1915.9--L-1915.11 RESERVED
L-1915.12 CONTEMPT
All petitions for contempt for failure to comply with an Order related to custody shall be presented to the Family Court Judge to whom the case is assigned. The Family Court Judge to whom the case is assigned may refer the Petition, at his/her discretion, to the Child Custody Conference Officer for conference and review. If a resolution of the matter cannot be made promptly, the Child Custody Conference Officer will refer the contempt proceeding to the Family Court Judge to whom the case is assigned, and a date for a hearing will be set by the Court. The petition for contempt shall begin with a notice and order conforming with Pa.R.C.P. 1915.12.
L-1915.13 SPECIAL RELIEF
Motions for special relief should be for matters of an emergency nature and shall be presented to the Family Court Judge to whom the case is assigned. A Complaint for Custody or petition must be prepared if one has not already been filed, a Child Custody Conference Officer appointed and a Pre-Custody Conciliation Meeting date set, which then is presented to the Judge with the motion for special relief. After presentation of the motion for special relief, the moving party shall file the complaint and scheduling order and shall effect service forthwith. Other matters of a non-emergency nature, as set forth in Local Rule 1915.32, shall be disposed of in accordance with that Rule. Special Relief may be denied without a hearing.
L-1915.14--L-1915.25 RESERVED
L-1915.26 CHILD CUSTODY CONFERENCE OFFICER
The position of Child Custody Conference Officer is hereby established. The Child Custody Conference Officer shall be appointed by the Court and shall be a member in good standing of the Pennsylvania Bar.
L-1915.27 PROCESS
(a) Where a claim for custody, partial custody, or visitation is joined with an action of divorce, having been raised by complaint, counterclaim, or a subsequent petition, this claim will not be heard by the Court unless the matter is placed at issue by either of the parties filing a Complaint or Petition for Custody in accordance with Local Rule 1915.3.
(b) A petition to modify a custody order will be assigned to the Child Custody Conference Officer who handled the original custody complaint when possible.
L-1915.28 CONTINUANCES
(a) Motions for continuances of proceedings before the Child Custody Conference Officers will be presented by the moving party to the Family Court Judge to whom the case is assigned in Motions Court prior to the scheduled proceeding. The order granting or denying the continuance will be filed in the Prothonotary's Office. A copy of an order granting a continuance will be delivered by the moving party to the Civil Division of the Court Administrator's Office.
(b) A $25.00 fee will be charged for continuances. Except in the case of an emergency, when a party seeks and receives a continuance on the day of a scheduled meeting or conference the party will be charged a $75.00 fee. The fee will be paid by the moving party to the Prothonotary's Office when the Motion and Continuance Order are filed. The fee shall be paid in the form of a check or money order payable to the Washington County Prothonotary.
(c) Motions for continuances shall be set forth in writing containing the following information:
1. A clear, concise, and certain reason for the motion.
2. A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the request for continuance, if applicable.
3. A statement of the number of prior continuances, if any.
4. If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
(d) The Notice of Presentation of the Continuance Motion shall include the date of service of the motion upon the opposing counsel or the opposing party, if unrepresented.
L-1915.29 PRE-CUSTODY CONCILIATION MEETING PROCEDURE
(a) The parties shall make a good faith effort to resolve the custody and/or visitation issues prior to the meeting. If resolution occurs prior to or at the time of the meeting, a proposed order shall be drafted in accordance with Pa.R.C.P. No. 1915.7 and submitted to the Court for approval through the Child Custody Conference Officer.
(b) The Civil Division of the Court Administrator's Office will give counsel of record at least ten (10) days notice before any proceeding is conducted.
(c) The Civil Division of the Court Administrator's Office will give a party who is not represented by counsel at least ten (10) days notice before any proceeding is conducted.
L-1915.30 PRE-CUSTODY CONCILIATION MEETING
(a) Each parent shall file a Washington County Parent Plan form with the Civil Division of the Court Administrator's Office no later than thirty (30) days from the filing of the Custody Complaint or Modification Petition. The Parent Plan form may be found at Appendix F. The finder of fact may draw a negative inference against the party who fails to comply with this requirement.
(b) The parties may also at any time present a Consent Custody Order to the Family Court Judge to whom the case is assigned.
(c) If no Consent Custody Order pursuant to subsection (b) is presented to the Family Court Judge to whom the case is assigned, the Pre-Custody Conciliation Meeting shall proceed as originally scheduled.
(1) All parties shall be present at the Pre-Custody Conciliation Meeting unless otherwise ordered by the Court.
(2) The Child Custody Conference Officer will attempt to mediate the differences between the parties using mediation skills to come to an amicable settlement of those differences.
(3) The Child Custody Conference Officer will insure that the parties have submitted the completed Parent Plan form. The finder of fact may draw a negative inference against the party who fails to comply with this requirement. The Child Custody Conference Officer shall also insure that the mandated parenting program has been completed by the parties and certification presented.
L-1915.31 CUSTODY CONCILIATION CONFERENCE
(a) All parties and any child for whom custody or visitation is sought shall be present at the Custody Conciliation Conference, unless otherwise ordered by the Court. Failure of a party to appear at the Custody Conciliation Conference may result in the entry of a custody or visitation order by the Court on the recommendation of the Child Custody Officer in the absence of that party. The absent party may also be subject to contempt proceedings, if appropriate.
(b) The Child Custody Conference Officer will conduct informal proceedings and allow the parties and their witnesses to participate. The Child Custody Conference Officer shall control the presentation of evidence and will determine the amount of time allotted to each party for presentation of his/her case. Counsel, or the party himself/herself if unrepresented, may summarize his/her case to the Child Custody Conference Officer. The Child Custody Conference Officer may take testimony from the parties and any witnesses by swearing in said parties and having said parties offer testimony under oath. The proceeding will not be transcribed. At the discretion of the Child Custody Conference Officer, a witness(es) may be permitted to participate via telephone pursuant to Administrative Order 2004-1, In Re Family Court, dated October 26, 2004, pertaining to telephone testimony and subject to subsection (d) below. The conference will last no longer than one-half (1/2) day unless the Child Custody Conference Officer deems one or more issues complex in which event additional proceedings may be scheduled. If an agreement is reached, the agreement shall be prepared and signed in the form of a Custody Consent Order. If no agreement can be reached, the Child Custody Conference Officer will prepare a Summary Report and Recommended Order and forward same to the Court for the Court's consideration.
(1) The Summary Report and Recommended Order will be prepared and presented to the court within ten days of the date of the proceeding. The Summary Report will include the following:
a. The results of mental and physical evaluations and home studies, if any.
b. Findings of fact on jurisdiction or venue issues, if in question.
c. Recommendations for custody/visitation.
(c) The Recommended Order will normally be signed by the Family Court Judge to whom the case is assigned.
(1) The Recommended Order will become a final order unless a Request for Custody Trial De Novo and Pretrial Conference is filed within twenty (20) days after the Recommended Order is mailed or received by the parties, whichever occurs first. A copy of the order shall be provided to the parties by the Prothonotary in accordance with Pa.R.C.P. 236 with a copy to the Civil Division of the Court Administrator's Office.
(2) If a party makes a timely request for a Trial De Novo and Pretrial Conference, the Recommended Order will remain in effect pending further order of the Court.
(d) After the Family Court Judge to whom the case is assigned signs the Recommended Order, the attorneys representing the parties, or the parties if acting pro se, may review the Summary Report in the Court Administrator's Office--Civil Division within the twenty (20) day time period specified in paragraph (c)(1) above. The Summary Report will not be filed in the Prothonotary's Office. It will not be released from the Court Administrator's Office--Civil Division, nor may parties or attorneys make copies of the Summary Report.
(e) A party requesting to participate by telephone shall submit written consent from the opposing party (parties) to the Civil Division of the Court Administrator's Office. If represented by counsel, counsel shall provide written consent to the Civil Division of the Court Administrator's Office at least ten (10) days prior to the conference. If no consent is given by the opposing party to the requesting party (parties), relief must be obtained from the Custody Conference Officer or Hearing Officer pursuant to Administrative Order 2004-1, In Re Family Court, dated October 26, 2004, pertaining to telephone testimony. The requesting party shall contact the Civil Division of the Court Administrator's Office to seek such relief.
L-1915.32 INTERIM ORDERS
(a) At the time of the initial custody meeting where issues regarding the temporary rights of the parties to custody or visitation of a non-emergency nature, as well as the arrangements for psychiatric or psychological examinations, home evaluations, and/or drug testing, are presented to the Child Custody Conference Officer, the Officer may submit to the Family Court Judge to whom the case is assigned a proposed interim order which will be reviewed by the Court and signed, if the Court deems the order appropriate. A copy of this signed order will be provided to the parties by the Prothonotary in accordance with Pa.R.C.P. 236 with a copy to the Civil Division of the Court Administrator's Office.
(b) Any person not satisfied with the interim order may pursue an application for special relief in accordance with Local Rule 1915.13.
L-1915.33 REQUEST FOR CUSTODY TRIAL DE NOVO AND PRETRIAL CONFERENCE
(a) A party may file a Request for Custody Trial De Novo and Pretrial Conference in the Washington County Prothonotary's Office within twenty (20) days after the Recommended Order issued following the Custody Conciliation Conference is mailed or received by the parties, whichever occurs first. The request must be presented to the Family Court Judge to whom the case is assigned for the scheduling of the Pretrial Conference. Form of Order may be found at Appendix G.
(b) A copy of the filed request with the scheduled Pretrial Conference date and time must be served on the other counsel, or if the party is a pro se litigant, the request must be served on the party. A copy must be delivered to the Civil Division of the Court Administrator's Office.
(c) A Trial De Novo will be scheduled, barring extenuating circumstances, within ninety (90) days of the request. The Pretrial Conference shall be held during the period between the request for Custody Trial De Novo and the scheduled hearing. Any psychological reports ordered should be obtained during the same period and presented to the Family Court Judge to whom the case is assigned, along with the parties' Pretrial Statements, at least forty-eight (48) hours in advance of the Pretrial Conference.
L-1915.34 PRETRIAL CHILD CUSTODY CONFERENCE BEFORE THE COURT
(a) All parties and any child for whom custody or visitation is sought shall be present at the judicial pretrial custody conference unless said required attendance is waived by way of Court Order. Failure of a party to appear at the judicial pretrial custody conference may result in the entry of a custody/visitation order by the court.
(b) The court will attempt to obtain a consent agreement on any pending custody issues. Any agreement shall be reduced to writing and entered as an order of court. Upon request, the Family Court Judge to whom the case is assigned will meet privately with the parties' counsel in an attempt to better define the issues and settle the custody dispute.
L-1915.35 UNCONTESTED MOTIONS VERIFICATION FORM
In an effort to comply with the local rules, any party may utilize the Family Court Judge's Uncontested Motions Verification Form, which shall be in the format contained in Appendix H.
L-1935.36 CONSENT AGREEMENTS
(a) When parties have reached a consent agreement concerning custody of their minor child(ren) and the appointment of a Child Custody Conference Officer is unnecessary, the party(parties) may seek to have the consent agreement approved by the Court and may submit a Court Order by using the following procedure:
(1) A Custody Complaint in substantial compliance with Pa.R.C.P. 1915.15(a) shall be prepared for filing with the Prothonotary's Office,
(2) The parties shall prepare and sign a Custody Consent Agreement with the appropriate order attached,
(3) The Custody Complaint and the Custody Consent Agreement with proposed Order attached shall be presented to the Family Court Judge to whom the case is assigned in Motions Court for Court Approval,
(4) The Custody Complaint and the Custody Consent Agreement with signed Order attached shall be filed with the Prothonotary's Office after paying the appropriate filing fees and costs, and
(5) A conformed, stamped copy of the filed Custody Complaint and the Custody Consent Agreement with Order attached shall be provided to the Family Court Judge to whom the case is assigned for purposes of the Judge's record keeping.
(b) If the custody issue arises from a count in a divorce complaint or counterclaim, there is no need to draft and file a custody complaint as outlined in (a) above or L-1930.27(a). Rather, the party (parties) should include the divorce case number on the proposed Order attached to the Custody Consent Agreement before presenting it to the Family Court Judge to whom the case is assigned.
(c) When using these procedures, there is no condition precedent that the parties attend the Parenting Program set forth in L-1915.4.
APPENDIX E
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION
) ) Plaintiff ) ) -vs- ) No. ) ) Defendant )
NOTICE AND ORDER TO APPEAR You, _____ have been sued in Court to obtain custody of _________________ .
You are ORDERED to appear in person at the Family Court Center, 29 W. Cherry Avenue, Washington, Pennsylvania 15301, on ______ , ____ , 2007, at __ o'clock, __ .m., for a Pre-Custody Conciliation Conference Meeting before, ______ , Esquire, Child Custody Conference Officer.
If you fail to appear 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.
Pursuant to Local Rule 1915.4, all parties to the action are ordered to attend the mandatory parenting program prior to the Pre-Custody Conciliation Meeting. Failure of a party to attend the parenting program will result in sanctions against the party up to and including being prohibited from proffering evidence in the Meeting or Conference, or being held in contempt by the Court.
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 can not afford an attorney: If you can afford an attorney: SOUTHWESTERN PA LEGAL SERVICES LAWYER REFERRAL SERVICE 10 WEST CHERRY AVENUE 119 SOUTH COLLEGE STREET WASHINGTON, PA 15301 WASHINGTON, PA 15301 724-225-6170 724-225-6710 Date: ______
_________________ , J.
ACTIONS FOR SUPPORT L-1012-1 ENTRY OF APPEARANCE. WITHDRAWAL OF APPEARANCE. NOTICE
(a) All counsel shall file a Praecipe for Appearance with the Domestic Relations Section Docket Clerk which includes the attorney's name, business address, telephone number and Supreme Court identification number. This appearance must be typed or legibly handwritten. If counsel fails to enter his or her appearance as prescribed by this Rule, he or she shall not be entitled to receive copies of orders, notices or other record matters.
(b) Reserved.
(c) Reserved.
(d) Reserved.
(e) Reserved.
(f) Reserved.
L-1910.1--L-1910.3 RESERVED
L-1910.4 COMMENCEMENT OF ACTION. FEES
(a) Reserved.
(b) Reserved.
(c) The Domestic Relations Section, in addition to any other fees imposed by these rules, shall impose and collect filing and service fees as prescribed by administrative order, as amended.
(d) Any fee imposed by this Rule shall not be collected from a party otherwise obligated by these rules to pay such a fee in the following circumstances:
(1) Where the party has been granted leave by the Court to proceed in forma pauperis;
(2) Where the Hearing Officer or the Court finds that the party is financially unable to pay;
(3) Where the party is a recipient of cash assistance from any state's Department of Public Welfare;
(4) Where any action requiring a fee is taken by the IV-D Attorney; or
(5) Where the Court otherwise directs.
L-1910.5 COMPLAINT. ORDER OF COURT. CONTINUANCES
(a) Reserved.
(b) Reserved.
(c) Reserved.
(d) Motions for continuances of proceedings before the Hearing Officer or Conference Officers will be presented by the moving party to the Family Court Judge to whom the case is assigned in Motions Court prior to the scheduled proceeding. The order granting or denying the continuance will be filed in the Domestic Relations Section.
(e) A $25.00 fee will be charged for continuances. Except in the case of an emergency, when a party seeks and receives a continuance on the day of a scheduled conference or hearing the party will be charged a $75.00 fee. The fee will be paid by the moving party to the Domestic Relations Section when the Motion and Continuance Order are filed. The fee shall be paid in the form of a check or money order payable to the Washington County Domestic Relations Section.
(f) Motions for continuances shall be set forth in writing containing the following information:
1. A clear, concise and certain reason for the motion.
2. A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the request for continuance, if applicable.
3. A statement of the number of prior continuances, if any.
4. If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
(g) The Notice of Presentation of the Continuance Motion shall include the date of service of the motion upon the opposing counsel or the opposing party, if unrepresented.
L-1910.6--L-1910.10 RESERVED
L-1910.10-1 HEARING PROCEDURE
(a) The alternative hearing procedure of Pa.R.C.P. 1910.12 is adopted in all actions for support through the Domestic Relations Section.
(b) If the parties are unable to reach an agreement during the support conference, the procedures of Pa.R.C.P. 1910.12(b)(1) shall be followed and an interim order of support entered pending hearing before the Hearing Officer.
(c) Subject to the provisions of Rule L-1910.4(b), a party wishing to confirm and preserve a scheduled de novo hearing before the Hearing Officer shall pay costs in the amount of $50.00 to the Domestic Relations Section within twenty (20) days of the mailing of the interim order. Failure to pay such costs shall result in any scheduled hearing being administratively cancelled and the interim order being made final.
(d) [Rescinded due to 2006 amendments to the Pennsylvania Rules of Civil Procedure.]
L-1910.10-2 ALIMONY PENDENTE LITE
(a) If the parties to a support action have filed a Complaint in Divorce in which a claim is raised for alimony pendente lite, the Hearing Officer may hear the alimony pendente lite claim at the request of either party, provided however, that both a Master in divorce has been appointed and the Master's fee has been paid to the Prothonotary. Counsel requesting the hearing of an alimony pendente lite claim by the Hearing Officer shall provide documentary evidence of this appointment and payment of the fee to the Hearing Officer.
(b) If the Hearing Officer proceeds under this Rule and hears a claim for alimony pendente lite, the party moving for hearing of this claim by the Hearing Officer shall file with the Domestic Relations Section Docket Clerk a copy of the Complaint in Divorce raising the issue of alimony pendente lite within three (3) days of the hearing before the Hearing Officer. If the Complaint in Divorce is not filed within this time, the Recommendation of the Hearing Officer shall not be issued until a copy of the Complaint is properly filed.
L-1910.11 RESERVED
L-1910.12 OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER.
(a)--(e) Reserved.
(f) All exceptions must be in writing and shall be filed with the Domestic Relations Section Docket Clerk. Any party filing exceptions shall provide an original and two (2) copies when filing. Further, the party filing exceptions shall provide to the Docket Clerk a receipt indicating that the $50.00 deposit required by subsection (j) of this rule has been paid (subject to the provisions of Rule L-1910.4(b)) unless an attorney filing the exceptions on behalf of the party certifies in writing that no transcript is required.
(g) Reserved.
(h) Reserved.
(i) The party filing exceptions shall serve opposing counsel or the opposing party, if unrepresented, with copies of the exceptions by the end of the next business day following the filing of the exceptions.
(j) Any party filing exceptions shall order from the court reporter the transcript of testimony unless the attorney for the party filing exceptions certifies in writing that the transcript is not required. Any party ordering the transcript shall pay a deposit of $50.00 to the Domestic Relations Section for the court reporter before the transcript is prepared. The deposit shall be applied against the total cost of the transcript. The Family Court Judge to whom the case is assigned will not be provided with a copy of the transcript unless the same has been ordered and paid for in full by a party or counsel.
(k) Briefs in support and in opposition to the exceptions shall be filed with the Domestic Relations Section Docket Clerk not later than the dates directed in the order of court setting the argument date on the exceptions. Each party filing a brief shall serve a copy of the brief on the opposing party and counsel not later than the end of the next business day following the filing of the brief with the Domestic Relations Section Docket Clerk. Every brief filed with the Domestic Relations Section Docket Clerk shall contain an original and one (1) copy.
(l) If the party filing exceptions fails to file a brief in support of those exceptions by the designated filing date, the responding party shall not be required to file a brief in opposition to those exceptions, but may file a brief if desired. However, if the responding party has filed exceptions in response to the other party's exceptions filing, the responding party shall file a brief in support of those cross or counter exceptions by the date directed in the argument notice.
L-1910.13--L-1910.17 RESERVED
L-1910.17-1 ADMINISTRATIVE SERVICE FEE
Except as provided herein, every order of support shall require the payment of a $25.00 annual administrative service fee to the Domestic Relations Section. This fee shall be charged to the defendant in a support action processed through the Domestic Relations Section. This fee shall be charged on any case in which the defendant is under an order of support of at least $50.00 per month, in either a single or multiple support action. This fee shall be paid by the defendant only once yearly regardless of the number of cases involved. Only those defendants who have an active support order as of April 15 of that year shall be charged this fee. Payment shall be due within 45 days of the date of the mailing of the fee notice and shall be paid directly to the Domestic Relations Section and not to the Pennsylvania Support Collections and Disbursement Unit (SCDU). This fee shall be in addition to the amount of support which the defendant is ordered to pay.
L-1910.17-2 CONSENT SUPPORT ORDERS
(a) All consent support orders should be prepared on current forms provided by the Domestic Relations Section in conformance with the Pennsylvania Child Support Enforcement System (PACSES).
(b) The order must be clear and concise and shall adhere to both procedural and substantive statutory and case law requirements.
(c) If a support action has not yet been initiated for the case for which the consent support order is being filed, the consent support order shall include along with filing the current intake information sheet and a properly completed Complaint for support and shall also include the appropriate filing fee.
L-1910.17-3 MARRIAGE SETTLEMENT AGREEMENTS
In existing support cases where a marriage settlement agreement is signed following the entry of the support order which modifies the terms of the current support obligation, counsel for either party shall file the marriage settlement agreement and a copy of the divorce decree with the Domestic Relations Section. Upon filing of this marriage settlement agreement, a new order of support in conformance with the marriage settlement agreement and divorce decree shall be drafted by the Domestic Relations Section and forwarded to the Court for entry. If the marriage settlement agreement does not resolve the issue of medical coverage, including medical expense reimbursement, for the involved dependents, the Domestic Relations Section will schedule a Conference with the parties to address medical coverage.
L-1910.17-4 STIPULATIONS BEFORE THE DIVORCE MASTER
In existing support cases where the parties enter into a stipulation before the Divorce Master following the entry of the support order which modifies the terms of the current support obligation, counsel for either party shall file the stipulation and a copy of the divorce decree with the Domestic Relations Section. Upon filing of this stipulation, a new order of support in conformance with that stipulation and divorce decree shall be drafted by the Domestic Relations Section and forwarded to the Court for entry. If the stipulation does not resolve the issue of medical coverage, including medical expense reimbursement, for the involved dependents, the Domestic Relations Section will schedule a Conference with the parties to address medical coverage.
L-1910.18 RESERVED
L-1910.19 SUPPORT. MODIFICATION. TERMINATION. GUIDELINES AS SUBSTANTIAL CHANGE IN CIRCUMSTANCES.
(a)--(f) Reserved.
(g) A filing fee as set forth in Rule L-1910.4 shall be charged for all petitions to modify an order of support. This fee shall be assessed against the party filing the petition to modify, except as provided in Rule L-1910.4(b). The petitioner shall file an original and three (3) copies of the petition with the Domestic Relations Section Docket Clerk.
(h) The Domestic Relations Section shall not accept for filing a petition which seeks any of the following without leave of court:
(1) To decrease an order of $50.00 or less;
(2) To modify an order that is on appeal to the court pursuant to a recommended order; or,
(3) To modify an order which has been entered within the past six (6) months.
(i) The Domestic Relations Section shall provide notice of the refusal to the party seeking the modification.
(j) A party who's petition has been refused must personally present to the Family Court Judge to whom the case is assigned a motion to permit the filing of the modification, on forms provided by the Domestic Relations Section. Notice of presentment of the motion must be given to the opposing party in accordance with L-200.5(e).
(k) If leave of court is granted to file the petition for modification, the date of the first attempted filing shall be used as the filing date.
L-1910.20--L-1910.50 RESERVED
[Pa.B. Doc. No. 07-120. Filed for public inspection January 26, 2007, 9:00 a.m.]
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