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PA Bulletin, Doc. No. 24-582

THE COURTS

Title 255—LOCAL COURT RULES

SNYDER AND UNION COUNTIES

Adoption of Local Rules; No. MC-37-2024; No. AD-5-2024

[54 Pa.B. 2225]
[Saturday, April 27, 2024]

Order

 And Now, this 9th day of April, 2024 it is hereby Ordered and Directed:

 The 17th Judicial District Local Rule of Judicial Administration 17CV1915.3—17-CV1915.13-1 of November 24, 2015, is amended. Provisions as follows: Brackets and bold indicating deletions; Underline and bold indicating additions.

 The District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to: adminrules@pacourts.us.

 2. File two (2) copies and one (1) electronic copy in a Microsoft Word format only to Bulletin@palrb.us with the Legislative Reference Bureau for publications in the Pennsylvania Bulletin.

 3. Incorporation of the local rule into the 17th Judicial District Local Rules and publish on the Snyder/Union County websites within thirty (30) days after the publication of the local rules in the Pennsylvania Bulletin.

 4. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

By the Court

LORI R. HACKENBERG, 
President Judge

CUSTODY MATTERS

17CV1915.3. Custody Petitions and Procedure.

 A. All counts in a divorce complaint and all petitions relating to custody, partial custody, or visitation, of minor children shall be processed in accordance with 17CV1915.3, et seq.

 B. Where a party files a Divorce action with a Count for Custody, the two matters will be separated with individual docketing numbers.

 C. As part of the pre-trial procedures, the Court Administrator shall refer custody-related complaints or petitions, other than a petition for special relief, to mediation at the Susquehanna Valley Mediation Service and the Kids First program.

 D. All counts in a divorce complaint and all petitions relating to custody, partial custody, or visitation of minor children shall include a form order referring the matter to mediation. The form shall be provided by the Court Administrator, under the Court section of each county's website. Visit: www.snydercounty.org or www. unioncountypa.org.

 E. Upon receipt of notice that the parties did not resolve the matter through mediation and that the parties have attended the Kids First Program, the Court shall refer the matter to the Custody [Hearing] Conference Officer for the scheduling of the initial conference with the parties and their respective counsel.

 F. Any pleading which requests the scheduling of a proceeding and also requests entry of a temporary order to maintain de facto custody provisions pending mediation or the initial conference shall set forth with specificity those facts supporting the request for the temporary custody order pending mediation or the initial conference.

17CV1915.4. Custody [Hearing] Conference Officer.

 A. The Custody [Hearing] Conference Officer shall be appointed by the Court to meet with the parties and their legal counsel in a custody action to conciliate the matter, attempt to resolve issues and reach an agreed [Parenting Plan/] Custody Order and/or if this cannot be accomplished, to define and narrow the issues to be heard by a Judge.

 B. Custody [Hearing] Conference Officer—Not a Witness

 To facilitate the conference process and encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses, made in a conference before the Custody [Hearing] Conference Officer shall not be admissible as evidence in a Custody Trial before the Court.

 The Custody [Hearing] Conference Officer shall not be a witness for or against any party in a Custody Trial before the Court or in any other proceeding whatsoever absent Court Order.

 C. The Court adopts the Commonwealth's procedure under 1915.4-2(a)(1—4).

17CV1915.4-1. Initial Conference.

 A. The parties and their respective counsel shall appear at the initial conference before the Custody (Hearing) Conference Officer. The initial conference will consist of a non-record proceeding to establish a recommended Interim order as to legal and physical custody which will govern pending further proceedings. This non-record proceeding may be a conference with attorneys, conference with parties, and receipt of other evidence and arguments of counsel as the Conference Officer deems appropriate, based upon the particular issues raised.

 B. If the parties reach an agreement resolving all of the issues raised, the Custody [Hearing] Conference Officer shall forward an Order to the Court for approval setting forth the terms of such agreement.

 C. [If the parties do not reach an agreement resolving all issues raised, the Custody Hearing Officer will conduct a non-record proceeding to establish a recommended Interim order as to legal and physical custody which will govern pending further proceedings. This non-record proceeding may be a conference with attorneys, conference with parties, and/ or the taking of testimony under oath and receipt of other evidence and arguments of counsel as the hearing officer deems appropriate, based upon the particular issues raised.]

 D. At the conclusion of the proceeding, the Custody [Hearing] Conference Officer shall: 1) give the parties oral notice of the essential aspects of the approved recommended Interim order and reasons for the recommendation; 2) make an initial determination based on the parties' approval as to the use of psychological evaluations or home studies, or the appointment of a Guardian ad Litem in accordance with 17CV1915.5.

17CV1915.4-2. Exceptions [and Reconsideration of Interim Order].

 A. No exceptions may be filed to an Interim Order entered in a custody action. Any matter not stipulated to at the initial conference may be reviewed at the pre-trial conference or resolved at trial.

 B. [Should a significant change in circumstances arise after entry of an Interim Order and before the pre-trial conference necessitating a modification of the Interim Order, which modification cannot be amicably agreed upon pending the pretrial conference, either party may file a motion for reconsideration of the Interim Order, setting forth all pertinent facts in support thereof or verified by the filing party. The Court Administrator shall refer such motion to the hearing officer. Based on the allegations of the motion, the hearing officer may take any one or more of the following actions deemed appropriate under the circumstances: 1) enter an Order summarily denying the motion; or 2) hold a telephone or other conference with counsel for both parties; or 3) after providing the opposing party an opportunity to respond, enter a modified Interim Order; or 4) direct that the matter be resolved at the pre-trial conference.]

17CV1915.4-3. Approval of Recommended Orders.

 Any recommended Interim Order of the Custody [Hearing] Conference Officer shall be submitted to the Court for approval and upon court approval shall have the effect of [a pre-trial Order] an Interim Order.

17CV1915.4-4. Settlement.

 A custody case will be removed from the initial conference or pre-trial schedule and/ or the custody trial list only upon the filing of the settlement agreement [or] and Court Order.

17CV1915.4-5. Pre-trial Conference.

 At the time set for the pre-trial conference, both parties shall submit a pre-trial [memorandum] statement in the form prescribed by the Court or strictly complied with the provisions of Pa.R.C.P. No. 212.2(a) indicated in Court Order. Both parties and their respective counsel shall appear before the Court for presentation of the issues and discussion of possible settlement and disposition of any matters referred to the Court.

17CV1915.5. Physical/Mental/Psychological Examinations and Home Studies.

 A. Upon agreement of the parties at the initial conference, the Custody [Hearing] Conference Officer may include in the recommended Interim Order that the Court appoint a Guardian ad Litem pursuant to Pa.R.C.P. 1915.11-2 and/or a directive that the parties obtain physical, mental or psychological examinations and/ or home studies, prior to the date of the pre-trial conference or trial and may establish a date by which the parties must make the initial arrangements.

 B. Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered into by stipulation must be made by Petition for Rule to Show Cause alleging specific facts and reasons for the request.

 C. Unless otherwise directed by the Court or Custody [Hearing officer] Conference Officer or agreed upon by the parties, the expense of any evaluation shall be borne initially by the party requesting the evaluation and shall be paid in accordance with Pa.R.C.P. No. 1915.8. A final allocation of the expense may be made by the Court upon entry of an order or decision rendered on any issues raised in the proceeding.

 D. Any evaluation filed with the Court shall not be available for public inspection and shall be sealed by the Prothonotary.

[17CV1915.13-1] 17CV1915.13. Petition for Special Relief [Ex Parte Hearing and Temporary Order] and Emergency Petitions for Custody.

 A. Definitions

 1. Petitions for Special Relief shall be filed to address a specific circumstance that does not necessitate the modification of an existing Custody Order and does not involve the violation of the existing Custody Order.

 2. Petition for Emergency Special Relief shall be filed when there is an immediate threat to the health, safety, or welfare of the child.

 B. New Cases with a Petition for Emergency Special Relief

 1. The Petition for Emergency Special Relief must be presented as a separate document titled ''Petition for Emergency Special Relief.'' The petition must allege facts which specify the clear and present danger to the welfare of the child(ren). If the Special Relief does not warrant emergency relief, then a custody conference will be scheduled with the Custody Conference Officer.

 2. The Petition for Emergency Special Relief shall be filed with the Prothonotary simultaneously with the Custody Complaint. The Emergency Petition for Custody must be a separate document apart from the Custody Complaint.

 C. Existing Cases—No Change Requested To Existing Custody Order And No Violation Of Existing Custody Order

 1. The Petition for Special Relief or Emergency Petition for Custody shall be filed with the Prothonotary.

 2. The Judge shall review the filing and either schedule a hearing, enter an Order, or direct the matter be assigned to the Custody Conference Officer with the goal of reaching a resolution at the conference.

 D. Existing Cases—Modification Of Existing Custody Order Requested Or Contempt Of Existing Custody Order

 The Petition for Emergency Special Relief shall be filed with the Prothonotary simultaneously with the Petition for Modification or Petition for Contempt. The Emergency Petition for Special Relief must be a separate document apart from the Petition for Modification or Petition for Contempt.

 E. [Where a party believes there is an immediate clear and present danger to the child(ren), that party may file a petition for special relief. The petition for special relief must be presented as a separate document headed ''Petition for Special Relief.'' The petition shall conform to the requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).]

 F. [Upon filing, the petition for special relief to the court for consideration of the allegations. The court shall either:]

 1. [refer the petition to the Custody Hearing Officer for an immediate ex parte hearing, which shall be held within two (2) business days of the presentation of the petition to the court; or,]

 2. [direct that an initial conference be scheduled before the Custody Hearing Officer pursuant to Rule 17CV1915.4-1; or,]

 3. [if it is ascertained that an initial conference has already been held and an Interim order already issued under Rule 17CV1915.4-3:]

 • [a. direct that the Custody Hearing Officer consider the petition for special relief as a reconsideration request under Rule 17CV1915.4-2; or

 • b. direct that the issues raised be disposed of at the pre-trial conference or trial.]

 G. [If an ex parte hearing is ordered, the party seeking special relief must appear before the Custody Hearing Officer at the time scheduled for the ex parte hearing to present testimony. The Custody Hearing Officer shall determine if probable cause exists to believe there is an immediate clear and present danger to the welfare of the child(ren) involved.]

 H. [Upon making a determination that ex parte relief is warranted, the Custody Hearing Officer shall forward to the court for approval a recommended temporary emergency order, which will include a provision scheduling a hearing before the Court, to be held within ten (10) business days of the ex parte hearing. Prior to the hearing before the Court, the petition for emergency custody relief and the temporary emergency order containing notice of the 10-day hearing shall be served on the opposing party by the petitioning party in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioning party reasonably believes may represent the interests of the other party. Upon making a determination that ex parte relief is not warranted, the custody hearing officer shall forward to the Court for approval a recommended order denying the petition for special relief. Such order may schedule the matter for disposition at: an initial conference under Rule 17CV1915.4-1; as a reconsideration request under Rule 17CV1915.4-2; or, if already scheduled for a pre-trial conference or trial on other issues, direct that the emergency issues be determined with all other issues at the pre-trial conference or trial.]

 E. Should a significant change in circumstances arise after entry of an Interim Order and before the pre-trial conference necessitating a modification of the Interim Order, which modification cannot be amicably agreed upon pending the pretrial conference, either party may file a Petition for Special Relief of the Interim Order, setting forth all pertinent facts in support thereof or verified by the filing party. See R.C.P. 1915.13.

17CV1940.5. Duties of the Mediator.

 (a). All mediation communications and mediation documents, as those terms are defined in 42 Pa.C.S.A. § 5949, are privileged.

 (b). No party, mediator, or other person who participates in mediation may be called as a witness, or otherwise compelled to reveal any matter disclosed in mediation.

[Pa.B. Doc. No. 24-582. Filed for public inspection April 26, 2024, 9:00 a.m.]


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