THE COURTS
SNYDER COUNTY
Judicial Administration; No. MC-0049-2014 Full Court
[44 Pa.B. 8016]
[Saturday, December 27, 2014]
Order And Now, this 5th day of December, 2014, the 17th Judicial District Local Rule of Judicial Administration Local Rule 17 CV-1915.4 and Local Rule 1940.3 are both amended to include the addition of the Kids First Program and mediation fee increase, and hereby adopt for use in Snyder County, Court of Common Pleas of the 17th Judicial District, Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin.
The 17th Judicial District Court Administrator is Ordered and Directed to do the following:
1) File Seven (7) certified copies of this Order and Rule with the Administrative Office of the Pennsylvania Courts.
2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the test of the Rule of the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3) Forward one (1) certified copy of this Order and Rule to the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
4) Copies shall be kept continuously available for public inspection in the Office of the Snyder County Prothonotary.
By the Court
MICHAEL T. HUDOCK,
President JudgeRule 17-CV-1915.4. Prompt Disposition of Custody Cases: Mediation Orientation Session and Kids First Program.
(a). In any custody action the parties shall within forty-five (45) days of the date of filing of the pleading raising the custody claim attend the Court-approved, Kids First Program and mediation orientation session, as provided for in Pa.R.C.P. No. 1940.3 and 17CV1940.3. The Kids First Program and mediation orientation session shall be completed before any hearing is scheduled with the Court.
(b). The term ''custody action'' includes: any action for divorce containing a claim for custody, partial custody, or visitation; any initial action for custody, partial custody, or visitation; any counterclaim for custody, partial custody, or visitation; any petition for modification of an existing custody order; and any petition for contempt in regard to an existing order of custody.
(c). The parties governed by these rules include parents, persons in loco parentis, and grandparents.
(d). At the time of the filing of the custody action there shall be submitted to the Court a Mediation Orientation Session/Kids First Program Order containing the case caption which shall be substantially in the following form:
MEDIATION ORIENTATION SESSION/ KIDS FIRST PROGRAM ORDER AND NOW, this _____ day of ______ , 20______ , it is hereby ORDERED that the above-named parties shall within ten (10) days of the date of receipt of a copy of this Order contact the Court-approved Mediation Program Administrator at 570-374-1718, to schedule both a Kids First Program session and a mediation orientation session, such sessions to be conducted within forty-five (45) days of the filing date of the custody pleading accompanying this Order. No hearing shall be scheduled before the Court until both Kids First Program and mediation orientation sessions have been completed.
FAILURE TO COMPLY WITH THE FOREGOING ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS (INCLUDING A DISMISSAL OF THE CUSTODY ACTION, DENIAL OF A HEARING, OR AWARD OF COUNSEL FEES) AND/OR A FINDING OF CONTEMPT.
RELOCATION NOTICE Anyone that has custody rights to any child MAY NOT relocate (move) from their current address unless:
(1) All parties having custody rights have been given written consent to the relocation.
OR
(2) The relocation has been authorized by Court Order.
Anyone intending to relocate MUST give at least sixty (60) days advance written notice of the relocation to ALL PARTIES pursuant to 23 Pa.C.S.A. § 5337. Any party may file an objection to the relocation with the Court pursuant to 23 Pa.C.S.A. § 5337.
The filing party shall serve this Order upon all other parties along with a copy of this custody pleading and file a proof of service with the Court.
There shall be a $30.00 fee imposed on each party to defray the costs of the mediation, this fee shall be paid at the first (1st) Mediation Orientation session or Kids First Program session.
BY THE COURT:
_________________
J.Copies to: Plaintiff
Defendant
Mediation Program Administrator(e). After the Mediation Orientation Session/Kids First Program Order has been signed by the Court and filed of record the filing party shall, in addition to making service of any pleading filed by the party as required by law, at the same time and in the same manner serve a copy of the side Order on any other party. The filing party shall immediately file a proof of service with the Court. The Court shall be responsible for sending a copy of the Mediation Orientation Session/Kids First Program Order to the Mediation Program Administrator.
(f). Each party shall contact the court approved Mediation Program Administrator at the phone number set forth in the Mediation Orientation Session Order/Kids First Program Order to schedule their attendance and registration for both sessions.
(g). There shall be imposed on each party a $30.00 fee to be paid to the Central Susquehanna Valley Mediation Center, Inc. This fee shall be paid at the first (1st) Kids First Program session for the purposes of deferring the cost of the services. This fee also includes the Mediation Orientation session to be completed thereafter. In extraordinary circumstances as determined by the Mediator this fee may be waived for either party.
Rule 17-CV-1940.3. Order for Orientation Session and Kids First Program.
(a). Except as set forth in subsection (d) or otherwise ordered by the Court all parties to a custody action shall participate in both the Kids First Program and mediation orientation sessions pursuant to 17CV1915.4. The mediation orientation session and Kids First Program shall be completed before any hearing is scheduled with the Court.
(b). The Kids First Program is a two and a 1/2 hour educational program designed for families to help their children cope with the difficulties of separation, divorce and family conflict. Participants are presented with information and experiences to help them learn how parental relationships have a direct effect on children, how children might respond by age and gender, how to reduce separation distress in children, how to deal with parent-child alliances, how parents might free themselves from entrenched conflict and how to develop a functional co-parenting relationship.
The mediation orientation session is an initial meeting between the parties and a qualified mediator which is intended to educate the parties concerning the mediation process so that an informed choice can be made by the parties about participation in mediation. The mediation orientation session shall be considered part of the mediation process and shall be confidential.
(c). The Mediation Program Administrator shall immediately notify the Court upon the occurrence of any of the following events:
(1.) A party fails to contact the Mediation Program to schedule a Kids First Program and mediation sessions within (10) ten days.
(2.) The party does not appear for a scheduled Kids First Program session.
(3.) The party does not appear for a scheduled Orientation session.
(4.) The parties are unable to complete either the orientation session, mediation or the Kids First Program.
(d). No orientation session shall be required if a party or a child of a party is or has been the subject of domestic violence or child abuse by another party either during the pendency of the custody action or with 24 months preceding the filing of the custody action. The parties shall, however, attend the Kids First Program before any hearing is scheduled with the Court, at the imposed fee of $15.00.
[Pa.B. Doc. No. 14-2677. Filed for public inspection December 26, 2014, 9:00 a.m.]
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