THE COURTS
WASHINGTON COUNTY
Local Rules; No. 2007-1
[37 Pa.B. 1216]
[Saturday, March 17, 2007]
Order And Now, this 26th day of February, 2007; It Is Hereby Ordered that the Local Custody Rules L-1915.29 Pre-Custody Conciliation Meeting Procedure; L-1915.30 Pre-Custody Conciliation Meeting; and L-1920.55-2 Master's Report, Notice, Exceptions, Final Decree be amended as follows.
These rules will be effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President JudgeL-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 may 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, or the parties may follow L-1915.30(b).
(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. If a Pre-Custody Conciliation Meeting or Custody Conciliation Conference has been previously scheduled at the time a party presents the Consent Custody Order to the Family Court Judge, the party shall provide a copy of the signed Consent Custody Order to the Civil Division of the Court Administrator's Office to ensure the Pre-Custody Conciliation Meeting or Custody Conciliation Conference is cancelled.
(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-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 argument on the exceptions, if one is scheduled, 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 twenty (20) days after the Preliminary Report and Recommendations are mailed or received by the parties, whichever occurs first. 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 Pre- liminary Master's Report and Recommendations. Such issues will be included in the Final Master's Report and Recommendations, and parties may take exceptions thereto at that time.
(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 the 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.
[Pa.B. Doc. No. 07-432. Filed for public inspection March 16, 2007, 9:00 a.m.]
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