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PA Bulletin, Doc. No. 96-1365

THE COURTS

Title 255--LOCAL
COURT RULES

FRANKLIN AND FULTON COUNTIES

Revision of Local Civil Action Rules 39-1915.1, 39-1915.3(a), (b), (c) and (d); Miscellaneous Docket; Volume BB, Page 48

[26 Pa.B. 4081]

Order of Court

   August 9, 1996, the following Civil Action Rules are amended for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, both the Franklin and Fulton County Branches: 39-1915.1 and 39-1915.3(a), (b), (c) and (d), effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOHN R. WALKER,   
President Judge

RULES OF COURT FOR CHILD CUSTODY ACTIONS IN THE 39TH JUDICIAL DISTRICT

   Rule 39-1915.1.  Scope. The Rules set forth in this section shall govern the practice and procedure in all actions for custody, partial custody and visitation of minor children. These local rules shall be viewed as supplementing the Pennsylvania Rules of Civil Procedure governing custody as set forth in Pa. R.C.P. 1915.1 et seq.

   Rule 39-1915.3(a).  Commencement of Action. All Complaints relating to custody of minor children shall be presented to the Court Administrator for assignment in accordance with these rules. Upon payment of the designated filing and administration fees, the Complaint shall thereafter be filed in the Office of the Prothonotary and served in accordance with the Pennsylvania Rules of Court. The Complaint shall specifically designate the relief sought by the party who filed the pleading and include specific terms of legal custody, physical custody, partial custody or visitation sought by the moving party as well as the factual basis therefore. The Complaint shall also contain an averment under oath as to the Plaintiff's knowledge of the Defendant being represented by legal counsel and if there is known representation, the name of Defendant's legal counsel shall be included in the Complaint. A copy of the Complaint shall also be furnished to said legal counsel no later than forty-eight hours prior to its scheduled presentation of the Court. If the Defendant is unrepresented, a copy of the Complaint shall also be furnished directly to said Defendant no later than forty-eight hours prior to its scheduled presentation to the Court or by regular mail with proof of mailing by the end of business five actual days preceding the date of presentation. Plaintiff shall allege in his complaint the form and manner of providing service to the Defendant and whether said service was made directly [directed] to the named Defendant or to named legal counsel.

   To facilitate the proper giving of notice of the presentation of Custody Complaints, the Court Administrator shall establish a regular time on a weekly basis for the presentation of Custody Complaints and the entry of Orders of Court establishing temporary custody arrangements pending a full hearing. Counsel may obtain the specific time for presentation of Complaints from the Court Administrator's Office and shall notify the Court Administrator a minimum of twenty-four hours in advance of the scheduled time of any planned presentations of Custody Complaints and Proposed Orders of Court.

   Rule 39-1915.3(b).  Reference to Conciliator. (1)  Assignment--The Court Administrator shall assign all child custody actions to a Conciliator designated by the Court, who shall conduct a Conciliation Conference with both legal counsel and the parties. Further, the Court Administrator shall enter an Order setting the dates, time and place for such conciliation in accordance with a previously arranged schedule. (See Sample Form ''A'')

   The Conciliator shall be a member of the Bar of this Court who, along with any other members of his professional practice, shall not be engaged in the practice of law in the field of Domestic Relations. The Conciliator shall not be subject to the subpoena power of this Court to force testimony regarding information revealed during the Conciliation Conference.

   (2)  Scheduled Dates--The Court Administrator shall set the conciliation dates within twenty to thirty days from the date of the filing of the Complaint. In the event the conciliation is unable to be scheduled within the twenty to thirty-day period, the Court Administrator shall schedule the conference at the next available time.

   (3)  Service--Counsel for the moving party shall serve a copy of the Complaint and Order for Conciliation upon the Respondent in accordance with the Pennsylvania Rules of Court. The Court Administrator shall notify the Conciliator of the list of cases scheduled for conciliation.

   (4)  Continuance--Should a party or legal counsel request a continuance of the established date, the party requesting such continuance shall be responsible for arranging such continuance not less than forty-eight hours prior to the scheduled conference in accordance with Rules of Court which shall include the preparation of a Motion and a proposed Order changing the hearing date. (See Sample Form ''B'') The Motion shall be presented to the Court Administrator for the assignment of a new date and time for the continued Conciliation Conference.

   If a continuance is requested by the party having primary physical custody of the child and if the non-custodial party has not exercised rights of custody since the filing of the action, the burden is on the moving party to insure that a conciliation conference is held within thirty days from the date of the filing of the action.

   (5)  Administrative Fee--The Conciliator shall be compensated at the rate of $100.00 for each conference actually conducted. Each conference is expected to last one hour. In the event the Conciliation lasts more than one hour, the Conciliator may petition the Court for additional compensation at the rate of $100.00 per hour. This additional fee shall be added to the cost of the action and shall be collected by the Prothonotary as directed by the Court. The fee may be changed from time to time upon direction from the Court without the necessity for amending these Rules. The Prothonotary shall post the administrative fee for such filings in its office. The fee shall be paid to the Conciliator by the Prothonotary when the Conciliator's Report is filed.

   In the event the matter is resolved prior to the date fixed for the filing of Conciliation Memorandums, a refund shall be due to the Plaintiff in the amount of $65.00 if there have been no requests for rescheduling of the conference prior to that time. The refund shall be in the amount of $50.00 if the conference has been rescheduled at the request of either party. The entire $100.00 deposit shall be forfeited if the matter is resolved on the day the Conciliation Conference Memorandums are due or if it is resolved any day thereafter. In order for a refund to be distributed to the Plaintiff, a Petition shall be filed by the Plaintiff with the Court and an Order shall be entered thereto.

   In the event the moving party is unable to pay the administrative fee, such party may apply for an Order to Proceed in Forma Pauperis. If the Court authorized in forma pauperis status, the administrative fee shall be paid by the County of Franklin.

   In the event a party files a request for an additional Conciliation, the party shall pay an additional fee for such Conciliation Conference which must be paid prior to the scheduled conference.

   (6)  Attendance--All parties are mandated to be present and available at the Conciliation Conference. Failure of a party to appear at the conference may provide grounds for the entry of a temporary Order by the Court upon the recommendation of the Conciliator. Conciliation shall commence at the designated time with or without counsel for the parties being present.

   (7)  Authority of Conciliator--The Conciliator shall have the following authority and responsibility:

   a.  Conciliate custody cases which specifically includes meeting with the parties and children, if appropriate. If a party desires the children to be present at the conciliation conference, he/she shall make said request of the Conciliator no later than seven days prior to the scheduled conference. The Conciliator shall determine the appropriateness of the request on a case-by-case factual basis after consultation with counsel for both parties or with a pro se party.

   b.  Address the need for home studies, as appropriate.

   c.  Address the issue of the utilization of expert witnesses, as appropriate.

   d.  Recommend a resolution of the custody conflict which recommendation shall be included in the Summary Report and submitted to the Court for further action.

   If the parties are not able to agree upon the need for home studies and/or the need for any other expert witness, either party may petition the Court pursuant to Pa. R.C.P. 1915.8 for the appointment of an expert and the payment of his or her fees.

   (8)  Memorandum by Parties--At least two days prior to the scheduled Conciliation Conference, [each party shall present a Memorandum to] the Conciliator and counsel for the opposing party or the pro se party individually shall receive a Memorandum addressing the following:

   a.  Factual background including a brief history of the case.

   b.  Names and ages of the children.

   c.  A proposed Order for resolution of matters.

   d.  Names and addresses of factual witnesses.

   e.  Names and addresses of expert witnesses.

   f.  Issues, both factual and legal, for resolution.

   g.  Estimated length of trial.

   h.  Whether a home study is requested.

   i.  Whether the party will agree to a joint psychologist for evaluation or request psychological evaluations.

   Failure to produce the information set forth in this Rule prior to trial may be grounds for excluding the evidence or witnesses at trial and for imposition of other sanctions. The parties are directed to supplement the Memorandum from time to time as new information becomes available.

   (9)  Summary by Conciliator--Following the conclusion of each conference and within three business days, the Conciliator shall prepare a Summary Report together with a proposed Order of Court for signature. In the event the parties are unable to reach an agreement at the conciliation conference, the proposed Order of Court shall address only the need for home studies and the need for psychological evaluations. In the event the parties reach an agreement at the conciliation conference, the proposed Order of Court shall reflect the terms of the agreement and shall be submitted to the Court for entry of a final order in the matter. Said Report and proposed Order shall be submitted in its original form along with two copies to the Prothonotary's Office for forwarding to the Court for its approval. Said Order of Court shall specifically designate the names of the parties and their addresses or in lieu thereof, the names and addresses of the parties' legal counsel, to which the conformed copies of the Order of Court shall be forwarded by the Prothonotary's Office.

   If no final agreement has been achieved, a summary Report and Proposed Order shall be submitted to the Court and filed of record. Copies of the Summary Report and Order of Court shall be provided to the parties and their legal counsel.

   (10)  Record--No record shall be made at the Conciliation Conference.

   Rule 39-1915.3(c).  Entry of Court Order. Upon review of the Conciliator's Summary, the Court may issue an Order addressing the appropriate issues. A copy of said Order of Court shall be furnished to legal counsel for the parties or in the event the party is unrepresented, to the party directly according to the procedures outlined in 39-1915.3(b)(9).

   Rule 39-1915.3(d).  Scheduling of Pre-Trial Conferences and Hearings. Upon the completion of home studies and psychological evaluations (if applicable) and at any time after the entry of the Order of Court approving the Conciliator's Summary, either party may present a Motion and proposed Order for scheduling a Pre-Trial Conference with the Court. (See Sample Form ''C'') Every effort shall be made by the Court Administrator to schedule a Pre-Trial Conference within thirty days of the submission of a Motion by either party requesting said conference taking into consideration the availability of the Court. Each party's presentation at the Pre-Trial Conference shall not exceed a time limit of fifteen minutes. At least two days prior to the scheduled Pre-Trial Conference, a Pre-Trial memorandum containing the following matters shall be filed of record:

   a.  Statement of the case.

   b.  Issues to be resolved.

   c.  Stipulated issues and facts.

   d.  Names and addresses of all factual witnesses.

   e.  Names and addresses of all expert witnesses.

   f.  Identification of exhibits for trial.

   g.  Expected length of trial.

   Failure to produce the information set forth in this Rule may be grounds for imposition of sanctions upon legal counsel or the party directly if appearing pro se.

   At the scheduled Pre-Trial Conference, both counsel shall be present and the parties shall be personally [available] present. In the event that neither legal counsel nor a party appears, the Pre-Trial Conference shall be held in that [parties'] party's absence upon proof of service of the Order of Court for Pre-Trial Conference in accordance with the Pennsylvania Rules of Civil Procedure. Although the Court may not discuss the case with represented parties, they are directed to be present in the event issues arise where the parties' input may be beneficial.

   In the event that an agreement is not reached at the Pre-Trial Conference, a hearing date shall be established by the Court Administrator at the conclusion of said conference.

[Pa.B. Doc. No. 96-1365. Filed for public inspection August 23, 1996, 9:00 a.m.]


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