THE COURTS
INDIANA COUNTY
Adoption of New Local Rules of Court Nos. L-1915.1, L-1915.2, L-1915.3 and L-1920.51; No. 188 Misc. 1994
[34 Pa.B. 1321]
Order of Court And Now, this 19th day of February 2004, it is hereby Ordered and Directed, pursuant to Rule 239 of the Pennsylvania Rules of Civil Procedure, that Indiana County Local Rules L-1915.1, L-1915.2, L-1915.3 and L-1920.51 are adopted and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin and shall apply to all civil proceedings pending at that time.
It is hereby Ordered and Directed that the Prothonotary:
(1) File seven (7) certified copies of said rules with the Administrative Office of Pennsylvania Courts;
(2) Furnish two (2) certified copies and a diskette of said rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(3) Distribute and file one (1) certified copy of said rules with the Civil Procedural Rules Committee of the Pennsylvania Supreme Court; and,
(4) Distribute and file one (1) certified copy with the Indiana County Law Library.
It is further Ordered and Directed that these Local Rules shall be kept continuously available for public inspection and copying in the Office of the Prothonotary of Indiana County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary of Indiana County shall furnish to any person a copy of any Local Rule.
By the Court
WILLIAM J. MARTIN,
President Judge
Actions for Custody, Partial Custody and Visitation of Minor Children Rule L-1915.1. Initial Custody Conference
(a) In all cases in which a party seeks an Order of Court, or modification of an existing Order of Court, regarding custody, partial custody and/or visitation of minor children, including proceedings commenced under the Domestic Relations Code of 1990 (23 Pa.C.S. §§ 5301 et. seq.), unless both parties by certification verify that an Initial Custody Conference would be fruitless, the moving party shall proceed by moving the Court to schedule an Initial Custody Conference. This motion shall be submitted in a form in substantial compliance with that found in L-1915.3(a). The Initial Custody Conference shall be scheduled by the Court Administrator within forty-five (45) days of the date the motion is filed. The Initial Custody Conference shall be attended by the parties and their respective counsel, if any, and they shall attempt to reach amicable settlement of the matter.
(b) The parties shall be notified of the scheduled Initial Custody Conference by Order of Court per L-1915.3(b). It shall be the responsibility of the moving party to see that copies of the Order of Court scheduling the Initial Custody Conference are served on all parties and their respective counsel.
(c) Should the parties reach full agreement at the Initial Custody Conference, unless the parties agree otherwise, the moving party shall have such agreement reduced to the form of a Consent Order of Court. The Consent Order shall indicate that the agreement was reached at an Initial Custody Conference and include the date of the Initial Custody Conference. Upon preparation and execution thereof, either party may submit this Consent Order to the Court for approval and signature. A copy of the Consent Order shall be transmitted to the Court Administrator.
(d) Initial Custody Conferences shall be held at the Indiana County Courthouse unless otherwise agreed upon by the parties.
Rule L-1915.2. Custody Mediation
(a) Either party may seek Mediation under any one of the following circumstances:
(1) An Initial Custody Conference has been held and the parties were not able to reach an agreement;
(2) An Initial Custody Conference was held and one party, while served notice of same, failed to appear; or
(3) Counsel for both parties have agreed that an Initial Custody Conference would be fruitless. (In this circumstance, counsel for both parties must sign the Motion for Mediation).
(b) The Motion for Child Custody Mediation shall be submitted on a form in substantial compliance with that found in L-1915.3(c). The Court shall then order Mediation per form L-1915.3(d). It shall be the responsibility of the moving party to see that copies of the Order of Court scheduling the Child Custody Mediation are served on all parties and their respective counsel.
(c) Not later than seven (7) days prior to a scheduled Mediation, each attorney/party shall forward to the Child Custody Mediator the following:
(1) Proof of attendance or registration for the Parent Education Course, also known as the Children-in-the-Middle Parent Education Course. (Out of county/state litigants may attach proof of equivalent services in their jurisdiction.);
(2) Proof of payment of his or her Mediation Fee to the Prothonotary of Indiana County or copy of an approved IFP Petition; and,
(3) A completed Child Custody Questionnaire or a form in substantial compliance with that found at L-1915.3(e).
(d) Failure to provide any part of the information set forth in L-1915.2(c), above, shall be deemed a contemptible act under Pennsylvania Rule of Civil Procedure 1915.12 and shall be included in any recommendation by the Child Custody Mediator to the Court. Mediation shall not be canceled or continued for noncompliance with the requirements of L-1915.2(c), above.
(e) Any motion for continuance of Mediation must be directed to the Court and made on a form in substantial compliance with Form F.3 of these Local Rules.
(f) The Mediator shall ascertain the issues in the action through discussion with counsel and/or the parties. The Mediator shall not take testimony, and the conference shall not be of record; rather, the Mediator shall attempt to determine the relevant facts through discussion and shall suggest or recommend a proposed settlement. The Mediator may discuss the action with the parties or children concerned in the presence of, or without, counsel; for this purpose, children seven (7) years of age or older must be present for the Mediation. Mediation Procedure shall at all times be in the sole discretion of the Mediator.
(g) Following proper notice and conference, the Mediator shall take one of the following actions:
(1) If the Mediator determines that the parties have reached full agreement, the Mediator shall reduce the agreement to the form of a Consent Order of Court, which shall be submitted to the Court for approval and signature.
(2) If the parties cannot reach full agreement, the Mediator shall refer the entire action to the Court. The Mediator may recommend a Temporary Order of Court, which shall immediately be submitted to the Court, and, upon its entry, shall remain in effect until further Order of Court.
(3) If one of the parties, without just cause, fails to appear at Mediation, the Mediator may recommend a Temporary Order of Court, which shall immediately be submitted to the Court, and, upon its entry, shall remain in effect until further Order of Court.
(4) If, without just cause, neither party appears for Mediation, the Mediator may recommend an Order dismissing the action, in which event costs shall be assessed and collected.
(5) Should further Court action be required, the Mediator shall include a Scheduling Order with his/her Report. The Report also shall indicate whether psychological evaluations, home studies, or other pre-hearing reports are to be ordered.
(h) The Mediation Fee shall be refunded only if, by a writing signed by both parties or counsel and submitted to the Court not less than seven (7) days before the scheduled date of Mediation, the parties agree that the Mediation should be canceled.
Rule L-1915.3. Custody Forms
(a) The motion for Initial Custody Conference shall be substantially in the following form:
(Caption)
MOTION FOR INITIAL CUSTODY CONFERENCE ______ , (Plaintiff) (Defendant), moves the Court to schedule an Initial Custody Conference.
Date: ______ , 20 __ __________(Plaintiff) (Defendant)
Attorney for (Plaintiff) (Defendant)(b) The order of court scheduling the Initial Custody Conference shall be substantially in the following form:
(Caption)
ORDER SCHEDULING INITIAL CUSTODY CONFERENCE You, ______ , (Plaintiff) (Defendant), have been sued in Court to modify custody, partial custody or visitation of the following child or children: ______ . You, ______ , Plaintiff, and ______ , Defendant, are ORDERED to attend a Parent Education Class conducted by the [Name of Agency]. You should contact the [Name and Telephone Number of Agency] immediately to make arrangements to attend the class prior to the date scheduled for the Initial Custody Conference. Each party will be responsible for a $ ______ fee, payable to the [Name of Agency] and collected at the time of class attendance. This fee will be waived for parties who have filed Petitions for In Forma Pauperis. A party who fails to attend as ordered may be found in contempt of Court. In the event it is necessary to reschedule a party's attendance because of his or her failure to attend the originally scheduled class, there shall be an additional $ ______ fee. This fee shall be payable regardless of whether the party cancels in advance or merely fails to appear at the designated time.
You, ______ , (Plaintiff) (Defendant), are ORDERED to appear in person at Jury Room No. __ , Floor 4M, Indiana County Courthouse, 825 Philadelphia Street, Indiana, Pennsylvania, on ______ , 20__ , at ____ o'clock __ .M., for an Initial Custody Conference.
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.
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.
Court Administrator
4th Floor
Indiana County Courthouse
825 Philadelphia Street
Indiana, PA 15701
Telephone: (724) 465-3955
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Indiana 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 or hearing.
BY THE COURT:
Date: ______ , 20 ____ __________J.
(c) The motion for Child Custody Mediation shall be substantially in the following form:
(Caption)
MOTION FOR CHILD CUSTODY MEDIATION ______ , (Plaintiff) (Defendant), moves the Court to schedule a Custody Mediation Conference because:
__ The parties met for Initial Custody Conference and were unable to reach an agreement.
__ Counsel for both parties certify that an Initial Custody Conference would be fruitless (if this box is checked, both counsels must sign this Motion).
The moving party attended/has registered to attend the Children-in-the-Middle Parent Education Course on the ____ day of ______ , 20__ .
The moving party is filing this Motion by:
__ Paying to the Prothonotary of Indiana County $ __________
__ Filing an In Forma Pauperis Petition
Name, address and telephone number of Plaintiff: __________
__________Name, address and telephone number of Plaintiff's attorney: __________
__________
Name, address and telephone number of Defendant: __________
__________
Name, address and telephone number of Defendant's attorney: __________
__________
Date: ______ , 20 __ __________(Plaintiff)
Date: ______ , 20 __ __________(Defendant)
Date: ______ , 20 __ __________(Attorney for Plaintiff)
Date: ______ , 20 __ __________ (Attorney for Defendant)
(d) The order of court scheduling the Child Custody Mediation shall be substantially in the following form:
(Caption)
ORDER SCHEDULING CHILD CUSTODY MEDIATION AND NOW, this ____ day of ______ , 20__ , upon consideration of the Motion for Child Custody Mediation, a Mediation is set for the ______ day of ______ , at __ .M. in Mediation Conference Room on the Fourth Floor of the Indiana County Courthouse, 825 Philadelphia Street, Indiana, Pennsylvania. It is hereby ORDERED AND DIRECTED that no later than seven (7) days prior to the date for Mediation, each party must have submitted to the Indiana County Child Custody Mediator the following documentation:
1. Proof of payment of his or her $ ______ Mediation Fee or that he or she has petitioned the Court for, and been granted IFP status.
2. Proof that he or she has attended or registered for the Children-in-the-Middle Parent Education Course or its equivalent for parties residing outside of Indiana County.
3. A completed Mediation Questionnaire including complete names, addresses and telephone numbers of all parties.
No Mediation will be canceled or continued for non-payment of fees. Failure to comply with 1, 2, or 3 above, will be held to be contemptible action under Pennsylvania Rule of Civil Procedure 1915.12, and the offending party shall be brought before the Court. Any party failing to appear for Mediation without having filed a Motion for Continuance and been granted a Continuance by the Court, may have an Order entered against his or her custodial interest.
The Party who has physical custody of the minor child(ren) is hereby directed to bring any child(ren) over the age of seven (7) years with him or her to the Mediation Conference.
BY THE COURT:
__________
J.(e) The Mediation Questionnaire shall be substantially in the following form:
(Caption)
MEDIATION QUESTIONNAIRE I, ______ , the Plaintiff ( ) or Defendant ( )
(Please Print Name)(Check one) undersigned below, hereby certify that the following information is true and correct to the best of my knowledge and belief.
_________________ ______ , 20__________(Please Sign Name) (Date)I am ( ), am not ( ) represented by an attorney. My attorney's address and telephone number is as follows:
______ Esquire
______ (Address)__________
______ (Phone including Area Code)
__________
__________
__________
__________
My address and telephone number is as follows:
__________
__________
__________
Date of birth: __________
Educational background: __________
Brief Description of current residence: __________
__________
Subject children of this action:
Name Date of Birth Age Grade Level School __________
__________
__________
__________
Other children in household:
Name Age Relationship to Party
__________
__________
__________
__________
Marital/Cohabitation History:
Date of Marriage or Cohabitation: (if applicable) __________
Date of Separation: __________
Cause of Separation: (brief explanation) __________
Date of Divorce: (if applicable) __________
Is a divorce action pending? __________
Current Marital Status/Living Arrangements: __________
__________
(i.e.): Remarriage or Cohabitation-provide name of new spouse or cohabitant)
Procedural History:
Verbal Custody/Visitation Arrangements: (Describe arrangement with applicable dates) __________
__________
__________
__________
__________
Written Custody/Visitation Arrangements: (Summarize arrangement and applicable dates) __________
__________
__________
__________
__________
Orders of Court: (Summarize or Attach, including Orders from foreign jurisdictions and dates of entry) __________
__________
__________
__________
__________
Current Custody/Visitation Arrangement: __________
__________
__________
Proposed changes in current custody/visitation arrangement: __________
__________
__________
__________
Does child(ren) have any special needs? __________
__________
__________
__________
Have home studies or psychological evaluations been completed? If so, by whom and dates: __________
__________
__________
__________
__________
What is your present employment status?:
( ) Employed ( ) Unemployed ( ) Unable to Work
( ) Other
Do you work in the home? __ yes __ no
Do you work in the town in which you reside?
__ yes __ no
If, no, how far do you commute? __ miles.
Does your employment take you out of town? For how long? How often? Explain: ____________________
__________
__________
Name, Address and Phone Number (including Area Code) of each employer or your own business:
______ ______ ______ ______ ______ ______ ______ ______ ______ Name(s) Address Phone # Circle the days you work:
M T W TH F SAT SUN From __ to
M T W TH F SAT SUN From __ to
Do you work any type of alternating or unusual shifts? Explain: __________
__________
__________
__________
Is your employer ( ) flexible or ( ) inflexible about working around you child custody/visitation needs?
How long have you worked for this employer?
__ #1 __ #2State your present physical/mental condition:
( ) Good ( ) Fair ( ) PoorAre you presently under a doctor's care? Explain your condition: __________
__________
__________
__________
Name of Doctor: __________
Address: __________
Phone: __________
Are you taking any prescription drugs? Name of Drug __________
(Check N/A if you are taking none) and Amount (mg./day etc.) __________
Do you drink alcohol? __ yes __ no If so, how much?
__ heavy __ moderate __ occasionally
Have you remarried? _____ Are you cohabitating? __________
What is the person's name? __________
Does he/she have children? If so, what ages, sexes and with whom do they reside?
__________
__________
__________
When did you remarry?: ______ When did you begin cohabitation? ______ Does the other party to this action know your current spouse or cohabitant? __________
Explain: ____________________
How long have you known your current spouse or cohabitant? __ yrs. __ mos.
Do your children know them? ____ For how long? ____FACTORS, CONDITIONS AND/OR CONCERNS I CONSIDER VERY IMPORTANT THAT I WOULD ASK BE TAKEN INTO ACCOUNT BY THE MEDIATOR WHEN ENDEAVORING TO PROVIDE THE BEST SITUATION FOR THE CHILDREN IN THE ACTION ARE AS FOLLOWS: [Use extra pages, if necessary.] __________
__________
__________
__________
Have you, or any adult member of your household, been convicted of or have charges pending with regard to any of the following? Check any that apply.
__ 1. Drunkenness __ 9. Aggravated Assault __ 2. Disorderly Conduct __ 10. Traffic Violation __ 3. Physical Abuse __ 11. Hit and Run __ 4. Child Molestation __ 12. Driving Under the Influence __ 5. Robbery __ 13. Court Order Violation __ 6. Firearms Violation __ 14. Forgery __ 7. Desertion __ 8. Indecent Exposure If you have checked any of the above, please explain: __________
__________
__________
__________
ATTACH PROOF OF PAYMENT OF $ ______ TO THE PROTHONOTARY OF INDIANA COUNTY OR COPY OF AN APPROVED PETITION FOR IN FORMA PAUPERIS (INDIGENT) STATUS AND COPY OF CERTIFICATE OF ATTENDANCE OR PROOF OF REGISTRATION FOR CHILDREN-IN-THE-MIDDLE COURSE AND FORWARD TO:
[Name and Address of
Child Custody Mediator]ALL MATERIALS MUST BE RECEIVED BY THE CHILD CUSTODY MEDIATOR NO LATER THAN 7 DAYS PRIOR TO MEDIATION.
Adopted ______ , 200__ , effective ______, 200__ , and applied to pending actions.
Actions of Divorce or for Annulment of Marriage Rule L1920.51. Appointment of Family Law Master in Divorce and Annulment of Marriage and Ancillary Proceedings
(a) In all divorce and annulment of marriage proceedings where a pleading has been filed raising an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master and where the Court, upon its own motion or the motion of either party, appoints a Master pursuant to Pa.R.C.P. 1920.51, the Prothonotary shall forthwith refer the case to the Indiana County Family Law Master. The motion for appointment of Master shall be in the form as set forth in Pa.R.C.P. 1920.74 (A copy of the form is attached hereto for counsel's convenience.) Within thirty (30) days thereafter, the Master shall schedule a preliminary/settlement conference with the parties and their counsel to explore the possibility of resolving the issues in dispute without further litigation. Counsel for each party shall submit to the Master and opposing counsel a pre-trial statement in conformity with Pa.R.C.P. 1920.33(b) at least two (2) weeks in advance of the preliminary/settlement conference. As to those issues that cannot be resolved at preliminary/settlement conference, the Master shall establish a timetable for the progress of the litigation and shall proceed to promptly hold such hearings as are necessary to determine the unresolved issues. Upon concluding a hearing on a particular issue or issues, the Master shall report to the Court as provided in Pa.R.C.P. 1920.53.
(b) Before setting the time and place of taking testimony, the Master shall examine the pleadings and determine the formal sufficiency and regularity of the proceedings and the question of jurisdiction. If defective in any fatal particular, the Master shall so report to the Court and at the same time notify counsel. If defective in a particular curable by amendment, the Master shall notify counsel and suspend further action for a reasonable period of time to enable the necessary correction to be made. Upon the expiration of said period without such correction having been made, the Master shall make a report to the Court, applying for instructions as to further action on the Master's part. When satisfied of the formal sufficiency and regularity of the proceedings and the existence of jurisdiction, or when directed by the Court to proceed, the Master shall appoint the time and place of taking testimony and proceed with action.
(c) Before proceeding to take testimony with respect to a contested claim for divorce and/or an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master, the Master shall verify that the fees specified in subsection (d) of this Rule have been paid into the Court, unless the Master determines that the payment of said fees is not necessary before holding the hearing.
(d) Except as provided in subsection (c), whenever a party in a divorce case requests that an evidentiary hearing be held to hear a claim for divorce and/or an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master, said moving party shall deposit the sum of $750.00 with the Prothonotary to be applied to payment of the Master's fees and stenographic costs. Said deposit shall be applied first to the stenographic costs and thereafter to the Master's fees at the rate established annually by the Court through Administrative Order. Should the Master determine at the Pre-Trial Conference that additional sums for Master fees or stenographic costs are necessary, the Master may require either or both of the parties to deposit the necessary funds with the Prothonotary prior to proceeding further. Failure to comply with the Master's requirement, after entry of an Order upon motion of the Master, shall subject the offending party to contempt proceedings.
(e) In all cases in which the Master shall be of the opinion that the amount of money on deposit for the Master's fees and stenographic costs is not sufficient, the Master shall make a request in writing to the Court for the allowance of additional compensation and/or stenographic costs. Upon the presentation of such request, the Court will issue a rule upon the parties to show cause why the requested additional allowance should not be granted.
(f) The Master shall engage the services of a stenographer. The testimony shall not be transcribed unless it is request by the Master or a party. If a transcript is requested by the Master, the Master shall determine which party is to bear the cost of the transcript or how the costs of the transcript are to be divided between the parties. If a transcript is requested by a party, that party shall pay for the transcript, and the cost of the transcription may be allocated to one or both of the parties by a court order. Any party filing exceptions to the Master's report shall immediately serve the exceptions upon all other parties and the stenographer of the Master's hearing and shall request the full transcription of testimony, unless the transcription has previously been filed or unless either party requests a conference with the Judge within ten (10) days of the filing of exceptions to determine the extent of transcription necessary, and at the conclusion of such conference, an order is entered setting forth what portions of the Master's hearing are to be transcribed.
Adopted ______ , 2004; effective ______ , 2004.
[Pa.B. Doc. No. 04-366. Filed for public inspection March 5, 2004, 9:00 a.m.]
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