THE COURTS

Title 255—LOCAL COURT RULES

MERCER COUNTY

Amendments to Local Rules of Civil Procedure L1915.3 Through L1915.27; No. 2021-2707

[51 Pa.B. 6911]
[Saturday, November 6, 2021]

 And Now, this 25th day October, 2021, the Court hereby Approves, Adopts and Promulgates the following Amendments to the Mercer County Local Rules L1915.3 through L1915.27 Regarding Primary Physical Custody and Partial Physical Custody of Minor Children.

 It Is Further Ordered and Directed that the Court Administrator of Mercer County shall file one (1) certified copy of the Amendments with the Administrative Office of Pennsylvania Courts and furnish two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 It Is Further Ordered and Directed that these Amendments shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of Mercer County and the Office of the Prothonotary of Mercer County. This Order shall be published in the Mercer County Law Journal.

By the Court

DANIEL P. WALLACE, 
Judge

AMENDMENTS TO THE MERCER COUNTY
LOCAL RULES REGARDING PRIMARY
PHYSICAL CUSTODY AND PARTIAL PHYSICAL CUSTODY OF MINOR CHILDREN

 A. The title of this subchapter shall be amended as follow:

ACTIONS FOR PRIMARY PHYSICAL CUSTODY
AND PARTIAL PHYSICAL CUSTODY
OF MINOR CHILDREN

 B. LOCAL RULES L1915.3 through L1915.27 shall be deleted and replaced with the following:

Rule L1915.1. Office of the Custody Conciliator.

 (a) The Mercer County Office of the Hearing Master is hereby renamed the Mercer County Office of the Custody Conciliator.

Rule L1915.3. Commencement of Action. Complaint. Order.

 (a) Except for a custody action asserted in a divorce complaint, a plaintiff shall commence a custody action by filing a verified complaint substantially in the form provided by Pa.R.C.P. No. 1915.15(a).

 (b) A motion for the appointment of a Conciliator shall be filed with any pleading that includes a claim for primary physical custody or partial physical custody. The motion and accompanying order shall comply with Pa.R.C.P. No.1920.74. However, the party shall substitute the title ''Conciliator'' for ''Master'' where appropriate in the motion.

 (c) No fee shall be assessed for a Conciliator conference.

 (d) The order accompanying the motion for appointment of a Conciliator in all primary physical custody or partial physical custody actions shall comply with Pa.R.C.P. No. 1915.3(b) and Pa.R.C.P. No. 1915.15(c). The party filing the motion shall obtain from the Office of the Custody Conciliator the date, time, and place of the Conciliator conference.

 (e) If a party is represented, the Office of the Custody Conciliator shall serve the order scheduling the Conciliator conference on the party's counsel by first class mail. If a party is unrepresented, the Office of the Custody Conciliator shall serve the order upon the party by first class mail at the party's last known address.

 (f) The Office of the Custody Conciliator shall also file a copy of the order accompanying the motion for appointment of Conciliator with the Prothonotary.

 (g) All Conciliator conferences regarding partial custody or supervised physical custody shall comply with Pa.R.C.P. No. 1915.4-2(a).

Rule L1915.4-1. Conciliator Hearings for Partial Custody Actions.

 (a) Pursuant to Pa.R.C.P. No. 1915.4-1(a), with respect to partial custody actions only, the Court adopts the alternate hearing procedure provided for under Pa.R.C.P. No. 1915.4-2.

 (b) Pursuant to Pa.R.C.P. No. 1915.4-1(b), with respect to partial custody actions only, a party may, after the parties' initial contact with the court as set forth in Pa.R.C.P. No. 1915.4(a), promptly file a motion with the Prothonotary for a hearing in front of a judge, rather than a hearing in front of the Conciliator.

 (c) A motion for a hearing in front of a judge, in an action involving partial custody only, will not be granted unless:

 1. There are complex questions of law, fact or both; or,

 2. The parties certify to the court that there are serious allegations affecting the child's welfare.

 (d) The Conciliator shall determine whether a partial custody action qualifies for a hearing in front of a judge pursuant (c)(1) or (c)(2) above. In the event a party objects to the Conciliator's determination, the appointing judge shall have final discretion.

 (e) All hearings involving partial custody actions that occur before the Conciliator shall comply with the procedure set forth in Pa.R.C.P. No. 1915.4-2(b).

 (f) A fee in an amount to be determined by court order shall be assessed against each party for a Conciliator hearing in an action involving partial physical custody. The fee shall be waived for any party determined to be indigent.

Rule L1915.4-2. Conciliator Hearings by Default. Partial Custody Only.

 (a) If the parties to a partial custody action do not reach an agreement at the Conciliator conference, and neither party had moved for a hearing in front of a judge prior to the Conciliator conference, the parties will be deemed to have consented to a hearing before the Conciliator.

 (b) A Conciliator hearing regarding a partial custody action shall comply with the procedure set forth in Pa.R.C.P. No. 1915.4-2(b).

Rule L1915.4-3. Conciliator Conference.

 (a) A conference before a Conciliator shall be held in all actions for primary physical custody and partial physical custody unless a party in an action for partial physical custody has filed a motion pursuant to Pa.R.C.P. No. 1915.4-1(b) for a hearing in front of a judge prior to the Conciliator's conference.

 (b) In the event the parties reach an agreement at the Conciliator conference, the Conciliator shall dictate a proposed order that encompasses the parties' agreement in their presence or immediately thereafter. The Conciliator shall then submit the order to the appointing judge for consideration.

 (c) In the event the parties do not reach an agreement at the Conciliator conference, the Conciliator shall immediately dictate a proposed interim custody order in the presence of the parties. The proposed interim order shall be forwarded to the appointing judge for review and approval.

 (d) In the event the parties do not reach an agreement at the Conciliator conference, the Court Administrator shall schedule a Pre-Trial Conference in front of the appointing judge.

 (e) Once the Court Administrator schedules a Pre-Trial Conference, the Conciliator shall prepare a report for the appointing judge. The report shall indicate the positions of the parties and shall contain the Conciliator's recommendation as reflected in the proposed interim order.

 (f) A copy of the Conciliator's report and the interim order shall be served on counsel if a party is represented, or on a party directly if pro se, and on the guardian ad litem if one has been appointed. The parties shall not be permitted to file exceptions to the interim order or the Conciliator's report.

[Pa.B. Doc. No. 21-1834. Filed for public inspection November 5, 2021, 9:00 a.m.]

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