CHESTER COUNTY Adoption of Local Rules of Civil Procedure; No. 4 [34 Pa.B. 2551] And Now, this 27th day of April, 2004, the Court approves and adopts the following Chester County Local Rules of Civil Procedure. These Rules shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.
In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Domestic Relations Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, (1) one copy with the Court Administrator of Chester County, one (1) copy with the Law Library of Chester County and one (1) copy with each Judge of this Court.
By the Court
HOWARD F. RILEY, Jr.,
President JudgeRule 1901.2.A. Scheduling
(a)(1) Pro Se Petitioners seeking clerical assistance may file Protection from Abuse Petitions between the hours of 8:30 a.m.--3:30 p.m., Mondays through Fridays. The Court shall be deemed unavailable after 3:30 p.m. during which time a Petition for Temporary Protection from Abuse may be filed before any District Justice within the county who may grant relief in accordance with 23 Pa.C.S.A. § 6110.
(2) Petitioners not requiring clerical assistance may file Protection from Abuse Petitions between the hours of 8:30 a.m. and 4:15 p.m., Mondays through Fridays. The Court shall be deemed unavailable after 4:15 p.m. during which time a Petition for Temporary Protection from Abuse may be filed before any District Justice within the county who may grant relief in accordance with 23 Pa.C.S.A. § 6110.
(b)(1) The Court deems itself unavailable for the filing of Protection from Abuse Petitions on those days the Court is closed for any reason including Court holidays as published on the official holiday schedule including those days designated as Floating Holidays and those days during which the Court's Winter and Summer conference is scheduled.
(2) In addition to the times set forth, above, the Court may issue an Administrative Regulation indicating the date(s) and time(s) the Court deems itself unavailable to sign Temporary Protection from Abuse Orders. District Justices are authorized to issue Temporary Emergency PFA Orders when the Court has deemed itself unavailable to do so. The Administrative Regulation shall be distributed by the Court Administrator to all Common Pleas Court Judges, all District Judges, Emergency Services and all interested Court personnel.
(3) At those times the Court is deemed unavailable for the filing of Protection from Abuse Petitions, a Petition for Temporary Protection from Abuse may be filed before any District Justice within the county who may grant relief in accordance with 23 Pa.C.S.A. § 6110.
Note: The hours listed for the preparation and filing of a PFA are due to amount of time necessary to complete the intake process.
Rule 1902.A. 1901.3A. Commencement of Action.
(1)(a) The notice of hearing and order, petition and temporary Protection from Abuse order shall be substantially in the form required by Pa.R.C.P. 1905(a), (b) & (c), shall be available, in English and Spanish, from the Family Court Administrator. with such modifications as may be required.
(2) Upon affidavit that petitioner does not have funds available to pay the costs, the petition shall be filed by the Prothonotary and served by the Sheriff without prepayment.
(b) All private counsel petitions for Protection from Abuse shall be reviewed and scheduled by the Family Court Administrator and filed with the Office of the Prothonotary prior to submission to the Family Court signing Judge for entry of a Temporary Ex Parte Protection Order.
Note: Chester County currently uses the Protection From Abuse Database (PFAD) for the preparation of petitions and orders online. Hardcopies of these forms are available to those individuals who do not have access to the PFAD system.
Rule 1902.B. Temporary Emergency Orders.
(1) Pursuant to the Protection From Abuse Act, the court may issue ex parte emergency orders upon petition and finding of immediate and present danger of abuse.
(2) An approved form of Temporary Order is available from the Family Court Administrator.
(3) A hearing date shall be obtained from the Family Court Administrator before presenting the petition to the Family Court Signing Judge.
(4) Petitions may be presented to the Family Court Signing Judge in Chambers before court or whenever he is not on the bench or otherwise occupied with court business.
Rule 1902.C. Final Order.
The final order shall be substantially in the form available from the Family Court Administrator and may include any remedy provided by the Protection From Abuse Act.
Rule 1902.D. Filing Orders. 1901.4.A. Service and Registration of Order.
(1) Plaintiff shall file a certified copy of the any Temporary or Final Protection from Abuse order with the appropriate police departments and the Chester County Police Radio Room. The expiration date of the order shall be included in the order. A photocopy of a certified order shall be considered a duplicate original and sufficient to constitute the court's original authorization for enforcement. A cover sheet shall be attached on the copy of the orders sent to the police and the Chester County Police Radio Room substantially in the following form required by C.C.R.C.P. 1905.A.(a).
See Form on Page 155
Rule 1903.5. Probable Cause Arrest. 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
(a) A police officer may arrest a defendant for violation of a protection order upon probable cause which shall be supplied by the victim, officer, other witnesses or combination thereof. If necessary, the officer may verify the existence of said order by phone or radio with the appropriate police, Chester County Radio Room or court. The complaint for indirect criminal contempt shall be in the form prescribed in C.C.R.C.P. 1903.11. 1905.A.(c). The probable cause affidavit shall be in the form prescribed in C.C.R.C.P. 1903.10. 1905.A.(b).
Rule 1903.6. Bail.
(b) Upon arrest, the defendant shall be taken into custody and taken to the district justice in whose district the violation occurred, or other assigned district justice, for arraignment and the setting of bail. The arresting officer shall not release the defendant from custody without taking him or her before the proper district justice. The district justice shall have exclusive jurisdiction for all arraignments for the offense of indirect criminal contempt for violation of protection from abuse orders. All applications for an increase or decrease in bail shall be heard by the Court of Common Pleas, Family Court.
Editor's note: Amended July 15, 1994, effective October 1, 1994
Rule 1903.7. Arraignment. Hearing Date. Notice.
(1)(c) Arraignment--The arraignment shall be held in the same manner as required under Pa. R.Crim.P. 303 540 except that no preliminary hearing will be scheduled. The defendant shall be notified that:
(a)(1) He or she is being charged with indirect criminal contempt for violation of a protection from abuse order;
(b)(2) He or she has the right to be represented by counsel and if unable to afford private counsel and otherwise qualifies, counsel will be appointed by the court; and
(c)(3) A hearing will be held in the Court of Common Pleas of Chester County on the next available date for such hearings pursuant to subsection (2)(d).
(2)(d) Hearings--All hearings for indirect criminal contempt for violation of protection from abuse orders shall be heard by the family court and, if possible, by the Judge who issued the original order. The hearings shall be held each Friday that the court is in session at 10 a.m., for all defendants arraigned before midnight of the preceding Tuesday. at such times and manner as directed by the Court. In no case shall the hearing take place more than ten (10) days from the date of arraignment.
(3)(e) Notice--At the conclusion of the arraignment, the defendant or counsel of record for the defendant, if present, shall be given a written notice of the hearing in the form prescribed by C.C.R.C.P 1903.12(a)1905A.(d). A copy of the complaint and notice of hearing in the form prescribed by C.C.R.C.P 1903.12(b) 1905.A.(e) shall be given or mailed by regular and certified mail to the plaintiff at the address shown on the complaint, and by regular mail to the arresting officer and the District Attorney of Chester County.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1903.8. Notice to Family Court.
(1)(f) Following arraignment, the District Justice shall telephone the deputy court administrator, Family cCourt Administrator and submit the names, common pleas court docket number and assigned hearing dates of all defendants who have been arraigned the previous day and night.
(2)(g) Following arraignment, the office of the District Justice shall deliver the original of all papers to the Prothonotary Clerk of Court of Chester County. The office of the District Justice shall deliver copies of all papers to the deputy court administrator, fFamily cCourt Administrator, the District Attorney of Chester County, and the Public Defender of Chester County.
(3)(h) The deputy court administrator, fFamily cCourt Administrator shall notify the Sheriff of Chester County of the names of any incarcerated defendants scheduled for hearing for transport to the courthouse.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Rule 1903.9. Prosecution.
(i) The District Attorney of Chester County or his designee shall prosecute all charges of indirect criminal contempt for violation of protection from abuse orders. Any designation of another to prosecute shall be in writing.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Rule 1903.10. Probable Cause Affidavit.
See Form on Page 156
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Rule 1903.11. Complaint Form;
See Form on Page 157
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Rule 1903.12. Notice of Hearing Form.
See Form on Page 159
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Note: Rescinded rules 1903.10--1903.12 have been replaced by new rule 1905.A.--Forms for Use in PFA Actions.
Rule 1901.7.A. Decision. No Post-Trial Relief. Expungement. Return of Seized Weapons
(a) Petitions requesting the expungement of a dismissed Protection from Abuse proceeding or the return of seized weapons shall be in accordance with C.C.R.C.P. 206.1.(a)., et. seq.
(b)(1) Copies of the petition requesting expungement and any final order granting expungement shall be served upon the original Petitioner in the Protection from Abuse proceeding, the Chester County Family Court Administrator, the Sheriff of Chester County and any deputized Sheriff's department, the District Attorney of Chester County, the Chester County Police Radio Room and any state and/or local police department initially served.
(2) Copies of the petition for return of seized weapons shall be served upon the original Petitioner in the Protection from Abuse proceeding, the Sheriff of Chester County and the District Attorney of Chester County. All petitions shall include a copy the itemized list of seized weapons provided to the Petitioner by the Sheriff at the time the original seizure was ordered.
(c) Upon receipt of a final order expunging a protection from abuse proceeding, the recipient shall immediately delete from their records any information pertaining to the underlying petition for Protection from Abuse. No proof of compliance shall be required.
Note: For further discussion relating to expungement of Protection from Abuse records, see Carlacci v. Mazaleski, 798 A2d 186 (2002).
Rule 1905.A. Forms for Use in Protection from Abuse Actions. Notices. Probable Cause Affidavit. Indirect Criminal Contempt Complaint. Continuance.
(a) The form required by C.C.R.C.P. 1901.4.A. shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : PROTECTION FROM ABUSE TO THE POLICE Under the Pennsylvania Protection from Abuse Act, 23 P. S. § 6101, et seq. you are authorized to arrest the Defendant for a violation of the order, without warrant, upon probable cause, whether or not the violation was committed in your presence. The defendant is to be taken forthwith before a District Justice for preliminary arraignment. The Defendant can be found at the following address:
__________
during the hours of ____ a.m./p.m. to ____ a.m./p.m.Order effective from ______ , 20____ to ______ , 20____.
(b) The form required by C.C.R.C.P. 1901.5.A.(a)--Probable Cause Affidavit shall be substantially in the following form:
PROTECTION FROM ABUSE INDIRECT CRIMINAL CONTEMPT AFFIDAVIT On ______ , 20____ , __________
(Name of Defendant)
did commit the following in violation of a protection from abuse order entered by a Judge of the Court of Common Pleas of Chester County, Pennsylvania on ______ , 20____ , No. ______.The acts committed were:
__________
__________
__________
__________
I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
______ _________________ Witness Affiant Date: ______ Name: __________ Address: __________ __________ __________ (c) The form required by C.C.R.C.P. 1901.5.A.(a) Complaint for Indirect Criminal Contempt shall be substantially in the following form:
IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA Plaintiff : No. : v. : Civil Action : Indirect Criminal Contempt Defendant : for Violation of Protection From Abuse Order COMPLAINT I, the undersigned, do hereby state under oath:
1. My name is ______ and I live/work at ______ ;
2. I accuse ______ , who lives at ______ , with violating a protection from abuse order entered by Judge ______ on the ______ day of ______ , 20____ . (attach copy of order if available);
3. The date (and day of the week) when the accused committed the offense was on or about ______.
4. The place where the offense was committed was in the County of Chester;
5. The acts committed by the accused were: (place an X before the appropriate statement(s))
______ attempting to cause or intentionally, knowingly or recklessly causing bodily injury to _________________ ,
-or-
______ using physical menace to put ______ in fear of imminent serious bodily injury,
______ __________
all of which were in violation of the protection from abuse order entered in accordance with the Protection from Abuse Act, 23 Pa.C.S. § 6101 et seq.;
6. If the defendant has not already been arrested, I ask that a warrant of arrest be issued and that the accused be required to answer the charges I have made.
I verify that the statements made in the complaint are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_________________ Date ______ Signature of Affiant The above subscribed affiant personally appeared before me on this date, signed the complaint in my presence and asserted that the facts therein are true and correct; and wherefore it appears that there is probable cause for the issuance of process.
______ (SEAL) Date ______ Issuing Authority (d) The form required by C.C.R.C.P. 1901.5.A.(e) Notice of Hearing to Defendant shall be substantially in the following form:
NOTICE OF HEARING TO DEFENDANT __________
(Name of Defendant)
You have been charged with Indirect Criminal Contempt for an alleged Violation of a Protection From Abuse Order. A hearing has been scheduled in the Chester County Courthouse, High and Market Streets, West Chester, Pennsylvania, on the ____ day of ______ , 20______. The hearing will be held in Courtroom No. ______ at 10:00 9:30 a.m. FAILURE TO APPEAR AT THIS HEARING WILL RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST.
If you are found guilty of Indirect Criminal Contempt, you may be sentenced to prison for up to six (6) months and fined up to $1,000.00 for each offense. You should be represented by a lawyer at this hearing. If you do not have a lawyer you may call the Chester County Public Defender's Office at 17 N. Church Street, Courthouse Annex, 3rd Floor, West Chester, Pennsylvania, (610) 344-6940, any business day between 8:30 a.m. and 4:30 p.m.
IF YOU WANT A PUBLIC DEFENDER, APPLY IMMEDIATELY UPON RECEIPT OF THIS NOTICE.
VERIFICATION I, ______ , of _________________ ,
(Dist. Ct./Police/other)do hereby verify that the above notice was served upon
__________(defendant)
on the ______ of ______ , 20____ , at ____ (a.m./p.m.). This service was made at __________
(location of service)_________________
(Signature and Title of Server)(e) The form required by C.C.R.C.P. 1901.5.A.(e) Notice of Hearing to Plaintiff shall be substantially in the following form:
NOTICE OF HEARING TO PLAINTIFF __________
(Name of Plaintiff)__________
(Name of Defendant)has been charged with Indirect Criminal Contempt for an alleged violation of a Protection From Abuse Order wherein you are the Plaintiff. A hearing has been scheduled in the Chester County Courthouse, High and Market Streets, West Chester, Pennsylvania, on the ______ day of ______ , 20____.
The hearing will be held in Courtroom No. ______ , at 10:00 9:30 a.m.
You will be represented by the Chester County District Attorney's Office at this hearing. You may contact that office at (610) 344-6801 for information as to which Assistant District Attorney will be representing you at the hearing. It is not required, but would be helpful, if you would list your present address and telephone number in the space provided so the District Attorney may contact you.
If you do not appear at the hearing, the charges may be dismissed.
Name: __________
Address: __________
Phone Number: __________
VERIFICATION I, ______ , of ______ , (Dist. Ct./Police/other)
do hereby verify that the above notice was served upon __________
__________(plaintiff)
on the ______ of ______ , 20____ , at ____ (a.m./p.m.).
This service was made at __________
__________
(location of service)_________________
(Signature and Title of Server)(f) The format for requesting a continuance shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA : NO. : Defendant : PROTECTION FROM ABUSE TEMPORARY ORDER AND ORDER FOR CONTINUANCE AND NOW, this ______ day of ______ , 200__ , upon motion of ______ , it is hereby ORDERED and DECREED that the hearing scheduled for this date concerning Protection from Abuse is hereby continued and rescheduled to the ______ day of ______ , 200____ at ____ __.m. in Courtroom NO. ______ , Chester County Courthouse, West Chester, Pennsylvania.
Reason for Continuance: __________
___________________________ ,
The Temporary Order for Protection from Abused dated ______ , shall remain in full force and effect until further Order of this Court.
Failure of the Plaintiff to appear for hearing may result in dismissal of the Protection From Abuse Petition and the entry of an Order requiring the costs of the proceeding to be paid by the Plaintiff.
Failure of the Defendant to appear for hearing may result in the issuance of a final Protection From Abuse Order and an Order to pay costs.
BY THE COURT:
_________________
J.Rule 1910.1.A. Definitions
As used in this chapter, unless the context of a rule indicates otherwise, the following term shall have the following meaning:
''private pay order''--An order for support payable directly to the obligee and not made payable through the Pennsylvania State Collection and Disbursement Unit (PA SCDU).
Rule 1910.4.A. Commencement of Action. Entry of Appearance.
(a) Any attorney who appears on behalf of a client at any stage of the proceedings shall be deemed to have entered his or her appearance. The attorney shall be required to continue such representation until a final order is entered that resolves all outstanding issues in that case. Any attorney who wishes to withdraw his or her appearance after entry of a final order shall file a Praecipe to Withdraw as Counsel as well as a Praecipe for Entry of Appearance by the new attorney. If the new attorney is to be Staff Counsel employed by Domestic Relations, Staff Counsel must sign the Praecipe for Entry of Appearance.
(b) This rule shall not preclude any attorney from filing, at any stage of the proceedings, a Petition to Withdraw as Counsel pursuant to Pa. R.C.P. 1012.
Rule 1910.5.A. Complaint
All complaints shall be accompanied by a completed Domestic Relations Office Standard Intake Form.
Comment: This form is available on the Domestic Relations Office's website @ www.chesco.org/domestic.html.
Rule 1910.7.A. Preliminary Objections. Rule to Show Cause. Question of Jurisdiction or Venue
All Preliminary Objections to jurisdiction or venue; in support, shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing dates.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Rule 1910.10.A. Hearing Procedure. Hearing Officers. Alternative Hearing Procedures
(1)(a) This court chooses to use the procedures set forth in Pa.R.C.P 1910.12, except for those cases in which a motion for a separate listing pursuant to Pa.R.C.P 1910.12(c)(1) has been granted. Cases separately listed pursuant to Pa.R.C.P. 1910.12(c)(1) shall be scheduled for hearing before the Court pursuant to PaR.C.P. 1910.11.
Editor's note: Notice To The Bar--Effective December 1, 1996, protracted support matters are to be listed before the Court pursuant to Pa.R.C.P 1910.12(c) and C.C.R.C.R 1910.10.A, as amended. All matters involving complex issues of law or fact or any case requiring more than two hours for hearing shall be placed on the long-day list. Cases inappropriately placed on either the Hearing Officer's regular support list or the Court's long-day list will be rescheduled, in the normal course of business, on the proper list. Any request for continuance or settlements of matters properly scheduled on the long-day list shall be in writing and submitted no less than 72 hours prior to the scheduled date. Failure to do so within the appropriate time frame will necessitate an appearance of all parties at the hearing.
The following form motion shall be used when requesting a long day listing:
See Form on Page 161
Comment: For the form of Motion for Separate Listing and information on the conduct of long day hearings, see C.C.R.C.P. 1910.12.A(i), et seq.
(2) Hearings officers shall be appointed by the president judge. The officers shall be appointed from among those attorneys admitted to practice before the Supreme Court of Pennsylvania who are actively engaged in the practice of law primarily in Chester County and who are deemed by the court to be qualified to serve as hearing officers. No hearing officer or any member of a hearing officer's firm shall appear in any action which requires reference to a hearing officer. The president judge may remove any hearing officer at will on sixty (60) days notice.
Editor's note; Adopted July 15, 1994, effective October 1, 1994; amended November 27, 1996, effective December 1, 1996.
1910.11.A. Office Conference. Subsequent Proceedings. Order.
(a) If entitlement is challenged at the Office Conference, a Temporary Order of Support shall issue if the parties are subject to a pending Chester County Divorce proceeding in which a claim for Equitable Distribution has been raised.
Comment: The requirement that a Chester County Divorce proceeding be pending is to permit an adjustment from equitable distribution proceeds should it be determined the bar to entitlement claim is meritorious.
Rule 1910.12.A. Office Conferences and Hearings. Record. Exceptions. Order
(a) Whenever possible, all matters dealing with the same parties shall be scheduled for office conference/hearing at the same time.
(1)(b) Continuances of office conferences and matters before Hearing Officers may be granted by agreement of all counsel or counsel and unrepresented parties. All other continuances shall be governed by Pa.R.C.P. 216 and C.C.R.C.P 216.1.
(2) If either party does not appear at a domestic relations office conference, such party may be served with notice of the hearing officer's hearing by any of the means of service permitted for original complaints or by first class mail. The hearing may, however, proceed in the absence of the party so notified.
(c)(1) Should a petitioner fail to appear at the office conference or hearing, as scheduled, the petition may be dismissed.
(2) Should a respondent fail to appear at the office conference or hearing, as scheduled, an order may be entered in his/her absence or a bench warrant for his/her appearance may issue.
(3)(d) Recommendations on the matters set forth in Pa.R.C.P 1910.12(c)(1) 11(d) and 1910.19 shall be made initially by the conference officer.
(4)(e) At the domestic relations office conference the plaintiff may request the entry of a temporary order in all cases in which there has been filed:
(a)(1) A complaint for the support of minor children;
(b)(2) A complaint for the support of spouse and entitlement is not challenged;
(c)(3) A petition for alimony pendente lite; or
(d)(4) A complaint for the support of spouse and minor children and entitlement is not challenged as to spouse. If entitlement is challenged, a temporary order may be requested for the minor children only and a spouse who is a party to a Chester County divorce proceeding pursuant to C.C.R.C.P. 1910.11.A.
(5)(f) When a temporary order is requested at a domestic relations office conference, as above, the domestic relations office shall submit a recommendation to the court as to the amount of the requested order. The recommendation shall be based on the Pennsylvania Support Guidelines in accordance with Pa.R.C.P. 1910.16-2.
(6) For purposes of application of the approved guidelines, the domestic relations office shall use the monthly net income of defendant as reported by his or her employer in the subpoenaed earnings report. If the earnings report is not available, net income shall be computed from defendant's most recent federal income tax return by subtracting all income taxes and FICA actually paid from gross income from all sources.
(7) To determine the monthly net income of the dependent spouse, the same information may be used in the same order. (g) If the dependent spouse is not employed, no earning capacity will be assigned to him/her for the purpose of entering the temporary order. The parties shall be informed by the domestic relations conference officer that earning capacity will be taken into consideration at the hearing before the Hearing Officer.
(8) The recommendation of the domestic relations conference officer shall be written on a standard form on which there shall be space sufficient for the inclusion of statements by both parties or counsel. The written recommendations shall be submitted to the court as soon as possible after the conference.
Comment. In reference to subsection 4(d) APL is determined by different standards than support.
(h) When a complaint or petition is scheduled for hearing before a Domestic Relations Hearing Officer and the parties reach an agreement that resolves the outstanding issues prior to the scheduled hearing, the parties shall immediately notify the Domestic Relations Office in writing and within thirty (30) days after the date set for hearing:
(1)
(i) File a stipulation and order outlining the terms of their agreement, or
(ii) File a written statement detailing the current status of the case. Domestic Relations shall automatically review the case every thirty (30) days and submit a report to Family Court regarding any case which has not been resolved within sixty (60) days after the scheduled hearing date. The Court may, sua sponte, direct the parties to file a stipulation and order within a reasonable time or direct the Domestic Relations Office to schedule a new hearing date.
(2) If the parties fail to comply with the terms set forth in part (1) of this rule, the Court may, sua sponte, dismiss the outstanding complaint or petition without prejudice.
(i) Separate Listings
(1) The request for a long day listing shall be in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN SUPPORT MOTION FOR A SEPARATE LISTING AND NOW, this ______ day of _____ , 20____ , Plaintiff/Defendant moves the Court for a separate listing and in support thereof avers the following:
(1) The hearing will be protracted in nature and requires more than two (2) hours for hearing; or
(2) There are complex questions of law, fact or both.
(3) Issues for resolution: (state if case entails a determination of income or if incomes exceed the guidelines, whether or not it is a self-employment case, whether or not valuations are at issue)
(4) Estimated duration of hearing:
(5) Number of witnesses: (state whether or not witnesses are experts).
Respectfully submitted,
_________________
Counsel forcc: , Esquire--Attorney for
N.B. Failure to complete this form in its entirety will result in its rejection by the Family Court Administrator and the case will not be placed on the Long Day Hearing List.
(2)
(i) Requests for separate listings shall be filed no later than five (5) business days prior to the scheduled hearing before the Support Hearing Officer.
(ii) Objections to requests for separate listings shall be filed within ten (10) days of the filing of the request for separate listing.
Comment: Objections shall be brought pursuant to C.C.R.C.P. 206.1.(a).
(3) In all matters where a motion for a separate listing has been filed each party shall submit to the Court and opposing counsel at least 5 days before the scheduled hearing date a Pre-Trial Statement not exceeding 3 pages setting forth:
(i) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party;
(ii) a concise statement of the facts;
(iii) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
(iv) a list showing the names and addresses of all witnesses each party intends to call at trial;
(v) copies of all exhibits to be offered at trial intended to be admitted during your case in chief.
Any and all reports of any experts intended to be called and a form of proposed Order setting forth the requested disposition and supporting calculations shall be attached to the Pre-Trial statement.
Rule 1910.12.B. Exceptions.
(j) Exceptions
(1) Dismissal--Exceptions shall be dismissed in any case in which the notes or tape recording of testimony have not been ordered, and paid for it required, within five (5) days of the filing of exceptions.
(2) Briefs:
(a)(i) Within two (2) weeks of the filing of exceptions, the excepting party shall file a brief with the Domestic Relations Office, serve copies of the brief upon all counsel and unrepresented parties and shall file a Certification of Service.
(b)(ii) Within four (4) weeks of the filing of exceptions, the responding party shall file a brief and Certification of Service in the manner prescribed above.
(c)(iii) Upon the expiration of the time for the filing of all briefs and oral argument, if any, the exceptions shall be submitted to the assigned judge. for determination without oral argument, unless the assigned judge specifically requests oral argument or oral argument is timely requested on behalf of a party. Requests for oral argument must be in writing, must be filed no later than the due date for the brief of the responding party and must be accompanied by a waiver of the forty-five (45) limit set forth in Pa.R.C.P. 1910.12(g).
(d) If an excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, a non-excepting party may, without filing a brief, move for the dismissal of the exceptions. Such motions shall be in writing and the excepting party shall have a reasonable time to respond thereto. If a non-excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, his brief may not be considered and he will not be heard at oral argument except by permission of the court.
(3) Oral Argument
(a)(i) Oral argument must be requested in writing at the time the filing of a party's brief is due. The court may, in its discretion, refuse to hear argument upon issues which have not been satisfactorily discussed in a party's brief. shall be scheduled unless both parties or counsel of record execute and return to the Domestic Relations Office a written waiver.
(ii) The form of waiver of oral argument shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN SUPPORT WAIVER OF ORAL ARGUMENT ON EXCEPTIONS Oral argument on Plaintiff's/Defendant's exceptions to the findings and recommendations of the Hearing Officer in Support dated ______________ , 20 ____ , has been scheduled before the Court on _______________ , 20 ___ at ______ ___.m ___ in Courtroom No. _____ .
NOTE:
IF BOTH PARTIES, OR THEIR COUNSEL, AGREE IN WRITING TO WAIVE ORAL ARGUMENT, THE EXCEPTIONS WILL BE SUBMITTED TO THE COURT FOR CONSIDERATION IMMEDIATELY UPON RECEIPT OF THE PARTIES' BRIEFS.
IF EITHER PARTY, OR HIS/HER COUNSEL, CHOOSES NOT TO WAIVE ORAL ARGUMENT, BOTH PARTIES MUST APPEAR AT THE DATE AND TIME LISTED ABOVE AND ON THE ATTACHED NOTICE.
IF YOU AGREE TO WAIVE ORAL ARGUMENT, SIGN BELOW AND RETURN THIS PAGE WITHIN THE NEXT SEVEN (7) DAYS TO:
Chester County Domestic Relations
Attention: Scheduling, Master Hearing Unit
117 West Gay Street
P. O. Box 2748
West Chester, PA 19380-0991I, ________________ , Plaintiff/Defendant or Counsel for Plaintiff/ Defendant (circle one) hereby waive oral argument on the exceptions filed to the findings and recommendations of the Hearing Officer in Support dated _______ __ , 200_ . I understand that the exceptions will be submitted to the Judge for consideration immediately and that I will receive a written decision by U. S. Mail.
_________________
Plaintiff/Defendant or Counsel(b)(iii) Argument before the court shall be made only on the basis of the record made before the Hearing Officer. The parties may, by agreement, supplement the record by depositions or stipulations prior to argument, but no live testimony will be heard by the court, unless the court shall permit same for cause shown.
Comment. These Any motions to dismiss may be made at any time prior to commencement of oral argument and are is not subject to the requirements of C.C.R.C.R 206.1.
Editor's note: Adopted July 15, 1994, effective October 1, 1994
Rule 1910.13.A. Disobedience of Subpoena. 1910.13-1.A. Failure or Refusal to Appear Pursuant to Order of Court. Failure to Produce
(a) If a party is properly served with a subpoena duces tecum for production of records and documents or a notice to attend and produce before a Hearing Officer and does not have good reason for failure to produce, such failure may be deemed disobedience of a court order, and will, in addition, permit the drawing of adverse inferences by the hHearing oOfficer and the court.
(b) If either party has failed to comply with the initial Order of Court requiring the production of certain documents and information at the Domestic Relations Office Conference, a per curiam order shall issue requiring that party to produce a copy of said documents and information to both the Domestic Relations Office and to counsel for the other party (or to an unrepresented party) within ten (10) days of the conclusion of the Domestic Relations Office Conference. Failure to comply with said per curiam order may result in the imposition of sanctions recommended by the Hearing Officer or court and will, in addition, permit the drawing of adverse inferences by the Hearing Officer and the court.
Rule 1910.15.A. Paternity. Rescinded
(1) The domestic relations office shall assign all matters in which paternity is denied to the court for hearing.
(2) At the initial conference in. the domestic relations office, the person named by the complainant as the putative father of the child(ren) in question shall be advised as follows:.
(a) That the complaint may be heard before a judge sitting without a jury, or by a judge and jury, as putative father wishes;
(b) That he has the right to be represented by counsel;
(c) That he has the right to request blood tests under the Uniform Act on Blood Tests to Determine Paternity (23 Pa.C.S. § 5104 et seq.), provided he pays for the tests (unless he is indigent, in which event the county may be required to pay), and requests the court to order such tests within thirty (30) days of the conference in the domestic relations office.
(3) The alleged father shall be required to sign and date a form acknowledging receipt of the above advice.
(4) In every suit involving paternity, the domestic relations office shall notify the complainant to file with the domestic relations office at least fourteen (14) days in advance of trial, if reasonably available:
(a) A birth certificate showing the names of both parents;
(b) A written report of the attending physician, giving his opinion as to the date of the onset of pregnancy, the date of birth, and whether or not the delivery was full-term.
If such documents are filed as required above, they shall be admissible at trial without further authentication but may be disputed by the defendant. The complainant may also submit such further, properly authenticated evidence as may be relevant. In appropriate cases, the court may tax the costs of the blood tests to the losing party.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Note: the provisions in this Rule are addressed in Pa.R.C.P. 1910.15.
Rule 1910.17.A. Support Order. Private Pay Orders. Arrears. Property Settlement Agreements. Registration. Effective Date.
(a) All orders for Support shall be paid through the Domestic Relations Office. No orders providing for direct payment of moneys shall be accepted for filing at the Domestic Relations Office, except as follows:
(1) In those cases where a Chester County Divorce action is pending, private pay support orders may be filed with the Office of the Prothonotary under the Divorce Docket number.
(b) In no instance will a miscellaneous docket number be issued either by the Domestic Relations Office or the Office of the Prothonotary.
Comment: In lieu of utilizing private pay orders the parties may request no wage attachment issue on matters payable through PA SCDU.
(c) Requests for modification shall be brought under the Divorce Docket number and heard before the Court. The Court may in its discretion order the matter be registered at the Domestic Relations Office for the purposes of the instant modification hearing and subsequent payment.
(d) Every order filed under a Domestic Relations Office docket number and PACSES identification number shall include a provision for payment toward outstanding arrears. Domestic Relations shall not accept for filing any order that fails to include such a provision.
Comment: This provision applies to all support orders filed with the Domestic Relations Office. If there are no arrears due on a case, the arrears provision in the order will not be enforced via wage attachment or any other enforcement remedy. If arrears become due at a later date, the Domestic Relations Office will enforce the arrears provision via wage attachment and any other applicable enforcement remedy.
(e) The Domestic Relations Office shall enforce the support terms and provisions of any property settlement agreement effective the date such agreement is registered with that office.
(1) Any party seeking registration of an incorporated Property Settlement Agreement for enforcement purposes shall:
(i) pay to the Domestic Relations Office a fee of one hundred dollars ($100.00) for the registration of an alimony order. No fee shall be required to register an order for child support;
(ii) provide to the Domestic Relations Office a certified copy of the divorce decree including a complete, executed copy of the property settlement agreement; and
(iii) completed copies of the Domestic Relations Office information sheets.
Comment: For the time period prior to registration with the Domestic Relations Office, the parties may seek to enforce the provisions of a property settlement agreement by filing the appropriate petition with the Family Court.
IFSA and UIFSA Comment: All Intrastate cases are governed by the provisions of Pa. R.C.P. 1910.2-1 and the Intrastate Family Support Act , 23 Pa.C.S. sec. 8103 et seq. All Interstate cases are governed by the provisions of Pa. R.C.P. 1910.2-1 and the Uniform Interstate Family Support Act, 23 Pa.C.S. sec. 7101, et seq.
Rule 1910.19.A. Support Modification.
(a) Modification of Property Settlement Agreement. In those cases in which a property settlement agreement was executed prior to February 12, 1988, or in which a property settlement agreement was executed after February 11, 1988, but not incorporated into a divorce decree, any party seeking modification of any child support provision of such agreement must petition the court for modification. Such petition must be filed with the Prothonotary's Office under the divorce caption and will be heard by a family court judge. In the event that a judge determines that the child support provision of the agreement is modifiable, the matter may be remanded to a Hearing Officer for consideration of the merits of the alleged grounds for modification.
(b) Registration and Modification. In those cases which involve property settlement agreements signed after February 11, 1988 and which have been incorporated into a final divorce decree, the procedure for modification of a child support provision of the agreement shall be as follows:
(1) The party seeking modification shall register the executed property settlement agreement with the Domestic Relations Office.
(2) The party seeking modification shall file a petition to modify with the Domestic Relations Office. The registration of the property settlement agreement and the petition to modify may be filed simultaneously.
(3) The petition to modify will be handled in the same manner as a petition to modify an existing court order for child support.
Rule 1910.20.A. Credit Bureau Notice.
Notice shall be in the following form in all instances wherein any consumer credit bureau has requested information regarding arrearages:
See Form on Page 162
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN SUPPORT Pursuant to § 4303 of Act 1985-66, a Consumer Credit Bureau Organization has requested the amount of arrearages owed by you under your existing support order. Domestic Relations must provide this information to the Consumer Credit Bureau Organization on any arrearage in excess of $1,000.00
Our records show an arrearage of $ ______ on the above order.
You may contest the accuracy of this information by contacting the Domestic Relations Office at 117 West Gay Street, West Chester, PA, (610) 344-6215 no later that ______ . If you fail to contact Domestic Relations by said date, the figure stated above will be reported to the Consumer Credit Bureau Organization.
Rule 1910.25-5.A. Civil Contempt. Order. Incarceration.
Any individual incarcerated pursuant to a bench warrant issued for failure to comply with an order of support shall be brought before the Court consistent with the procedures outlined in the Court of Common Pleas of Chester County, Pennsylvania Administrative Regulation No. 3-2004 and/or its successors.
Rule 1915.3.A. Form of Notice. Commencement of Action. Complaint. Order.
(1)(a) Notice of a custody action and conciliation conference shall be in the form prescribed by Pa.R.C.P. 1915.15. include the date and time for each party to attend parenting class, the date and time for custody conciliation, the name of the assigned mediator and instructions to contact the mediator within three (3) days.
(2) Parties requesting the presence of children ages five (5) and older at a conciliation conference shall do so by submitting their request in the form of a proposed order, as follows, to the Office of the Family Court Administrator. That office shall maintain such forms in blank, for this purpose. The proposed order shall be served by the requesting party on all other parties promptly and in sufficient time so that the opposing parties are given at least ten (10) days notice, prior to the conciliation conference, of the entry of the order.
(3) Form of the order:
See Form on Page 155
(b) Relocation. Upon petition of either party, issues of relocation shall be heard before the Court. Each petition shall be accompanied by a Rule Returnable that sets forth separate Rule and Hearing dates.
(c) All custody matters alleging the prior existence of a Children, Youth and Families (CYF) proceeding shall include a copy of the order closing the case file prior to the institution of an action for custody in the Family Court.
Comment: For form of the order as required by Pa.R.C.P. 1915.3(a) see C.C.R.C.P. 1915.15.A.(a) Information regarding the appearance of children at a conciliation conference has been moved in its entirety to C.C.R.C.P. 1915.11.A. to coincide with the Pa. R.C.P. 1915.11.
Rule 1915.5.C. Rule 1915.4.A. Prompt Disposition of Custody Cases. Custody Hearing Demand. Pre-Trial Statement. Certificate of Readiness.
(a) Initial Contact with the Court.
(1) All complaints for custody and petitions for modification shall be scheduled for mediation within thirty (30) days of filing with the Office of the Prothonotary and/or
(2) All parties shall attend parenting classes within thirty (30) days of filing the initial Complaint with the Office of the Prothonotary.
(b) Listing Trials before the Court.
(1) All temporary orders for custody unless otherwise specifically indicated on the order, shall automatically become a Final Order of the Court no later than 180 days of the filing of the Complaint or Petition for Modification except in those cases where the parties have demanded trial within the time limitations set forth in Pa.R.C.P. 1915.4. and C.C.R.C.P. 1915.4.A.(c)(3).
(2) All temporary orders for custody shall include the following language:
NOTICE: UNLESS A DEMAND FOR TRIAL HAS BEEN FILED, THIS ORDER SHALL BECOME A FINAL ORDER OF THE COURT WITHIN 180 DAYS OF THE FILING OF THE COMPLAINT OR PETITION FOR MODIFICATION or 90 DAYS OF THE MOST RECENT CONCILIATION CONFERENCE, WHICHEVER IS EARLIER.
(c) Trial
(1)(a)
(i) If When trial is demanded by any party, within thirty (30) days of filing the demand or at the time a petition for relocation is filed, after the most recent conciliation conference, said the moving party shall file with the Prothonotary a completed Certificate of Readiness and a pPre-trial statement containing the following information:
(i)(a) a list of all fact witnesses; a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;
(ii)(b) a list of all expert witnesses; a concise statement of the facts;
(iii)(c) issues for resolution; and a concise statement of the factual or legal issues involved, if any, including citations to applicable statutes or case law, if any;
(iv)(d) estimated length of trial. a list showing the names and addresses of all witnesses each party intends to call at trial; and
(e) a schedule of all exhibits to be offered at trial.
(ii) Attached to the Pre-trial statement shall be the reports of any experts intended to be called and a proposed order setting forth the requested disposition of the matter.
(iii) All Pre-trial statements shall not exceed three (3) pages in length;
(iv) A time-stamped copy of the filed Pre-trial statement shall be served upon Family Court and opposing counsel ;
(v) The responding party shall file his/her Pre-trial statement within twenty (20) days of the filing of the movant's statement.
(2)
(i) The form of Demand for Trial as required by C.C.R.C.P. 1915.4.A.(c)(1)(i) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION--LAW Defendant : IN CUSTODY DEMAND FOR TRIAL TO THE FAMILY COURT ADMINISTRATOR:
I, ______ , plaintiff/defendant, hereby demand trial in the above-captioned custody matter.
Date: ______ _________________
Attorney for I.D. #_________________
Address_________________ Date of Most Recent Conciliation Conference: ______ (Must be within 90 days of filing)
N.B. No case shall receive a trial date until such time as a Certificate of Trial Readiness is filed of record. All Certificates of Trial Readiness and Pre-Trial Statements shall be filed within thirty (30) days of filing a demand for trial. Failure to file within the time frame as specified will result in the recommendation of the custody conciliator becoming a Final Order of the Court.
(ii) The form of Certificate of Readiness required by C.C.R.C.P. 1915.4.A.(c)(1)(i) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION--LAW Defendant : IN CUSTODY CERTIFICATE OF READINESS--CUSTODY I hereby certify that all reports are completed and the above custody matter is ready for trial.
Date: ______
_________________
Attorney forDate: ______
_________________
Attorney for
Estimated time of hearing: ______
I hereby certify that on ______ , I served a copy of this certificate on ______ with a request that he/she join in this certificate.
Date: ______ _________________
Attorney forN.B. This form must be completed in its entirety or the certificate will be rejected by the Family Court Administrator and the case will not be listed for trial.
(b) All counsel and unrepresented parties shall be given not less than eight (8) days notice of the intent to present said Certificate of Readiness.
(2)(a) The Certificate of Readiness shall be in the following form:
See Form on Page 156
(b)(iii) A copy of the Certificate of Readiness shall be served upon the Family Court Administrator, who shall schedule the case for hearing and promptly notify all counsel and unrepresented parties in the case. Any certificate of readiness that fails to include an estimated time of trial will be rejected and not placed on the trial list.
(3)
(c)(i) The opposing party shall file a pre-trial statement within fourteen (14) days of receipt of the demanding party's pretrial statement. The information contained in all pre-trial statements shall be updated, as appropriate, any time prior to commencement of the custody hearing. Failure to produce the information required may result in exclusion of such evidence at time of hearing.
(3) (4) If trial is not demanded by any party within ninety (90) days after the most recent conciliation conference, the parties shall return for further conciliation before a demand for trial may be filed. All demands for trial shall be filed within ninety (90) days of the most recent conciliation conference. A copy of the demand for trial shall be served upon the Family Court Administrator.
Comment: In the event no demand for trial has been filed, the docket will automatically reflect that the Order of the Court was finalized no later than 180 days after the filing of the Complaint or Petition for Modification. This rule does not apply to collateral matters not involving actual custody issues such as legal, physical, partial physical and primary physical custody.
Rule 1915.5.A. Questions of Jurisdiction. No Responsive Pleading by Defendant Required. Counterclaim. Venue. Discovery.
(1)(a)
(1) All references to hearing in Pa.R.C.P. 1915.5. shall be construed as referring to the conference before the custody conciliator. If a question of jurisdiction or venue is raised by timely Preliminary Objections, the conciliation shall be continued until decision by the court.
(2) All Preliminary Objections to jurisdiction or venue shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing Dates.
(3)(b) A party filing and presenting a motion Requests for discovery shall be in accordance with C.C.R.C.P. 206.1.C. except that give forty-eight (48) hours notice to opposing counsel and unrepresented parties of the date, time and place of presentation of the motion. The movant shall file and present to the court with the motion a proposed order and a certification of service. Nno brief shall be required.
Rule 1915.5.B. Custody Conciliator. Conference.
(1)(a) The president judge Court shall appoint no fewer than two (2) appropriate persons as custody conciliators. No custody conciliator or any member of the custody conciliator's firm shall appear in any action which may be referred to a custody conciliator.
(2)(b) The custody conciliator:
(a)(1) shall conciliate custody, and visitation and contempt cases filed with the court;
(b)(2) may hear contempt cases filed with the court;
(c)(3) may recommend to the court that interim temporary and final custody orders be entered; and
(c)(4) may recommend the appointment of counsel and/or a guardian ad litem for the child.
(3)(c) All custody matters shall be scheduled for conference before the custody conciliator no sooner than ten (10) days after filing of an action. Emergency matters may be scheduled for an earlier conference on a standby basis. All parties shall be present at such conference. Failure of a party to appear at the conference may result in the entry of an order in the absence of such party.
(4)(d) An appearance by counsel before the custody conciliator shall be deemed an entry of appearance on behalf of the party represented.
(5)(e) To facilitate the conciliation process and encourage frank, open and meaningful exchanges between the parties and their respective counsel all statements, except agreements made by the parties, or their witnesses, as well as reports received before the custody conciliator shall not be the subject of direct or cross examination at a later hearing before the court. The custody conciliator shall not be subject to subpoena as a witness.
(6)(f)
(1) At the conclusion of every conciliation conference the conciliator or attorney designated by the conciliator shall prepare an written report of the matters order either agreed upon by the parties or to be recommended by the conciliator. The conciliator shall appoint one of the attorneys to draft an submit the order reflecting the agreement or recommendation to the Court for approval. The drafting attorney shall provide opposing counsel, or the opposing unrepresented party, with a copy of any order to be submitted for approval by a conciliator. Any party shall have five (5) days from the mailing of such proposed order to contact the conciliator with any objection to the proposed order. Objections shall be in writing and addressed to the conciliator with a copy to be filed with the Prothonotary, and a copy sent to the drafter of the proposed order. If no objection is received within five (5) days, the conciliator shall approve the proposed order and submit same to the court. If an objection to a proposed order is timely received, the conciliator shall advise the court, all counsel and any unrepresented party of the conciliator's recommended resolution of the objection.
(2)
(i) Recommendations that change primary custody, which are not agreed upon by the parties, shall be scheduled for hearing before the Court. Any party requesting the issuance of the recommendation as an interim order shall present to the Family Court Administrator within two (2) business days of the conciliation conference an order for scheduling a hearing. Said matter shall be scheduled within thirty (30) days of the conciliation conference for a brief hearing on the issuance of an interim order. The moving party shall also file a demand for trial no later than the day and time set for the hearing on the issuance of an interim order.
(ii) The form of order required by C.C.R.C.P. 1915.5.B.(f)(2)(i) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN CUSTODY NOTICE AND ORDER TO APPEAR A recommended order for a change in primary custody has been forwarded to the Court by ______ , Conciliator. At the request of ______ , a hearing has been scheduled before the Court to determine if the recommended order should be entered as an Interim Order pending trial.
The parties and counsel are ordered to appear for a hearing on ______ at ______ __ m. in Courtroom No. ______ of the Chester County Courthouse, West Chester, PA. The Court has set aside fifteen (15) minutes for each side to present their case in the format of their choice (evidentiary testimony, legal argument). At the conclusion of which, the Judge will render a decision regarding the entry of an Interim order pending trial. Upon the filing of a Demand for Trial and the requisite Certificate of Trial Readiness, the matter shall be set for trial in the normal course of business. Failure to demand trial within ninety (90) days of the conciliation conference shall result in the Interim Order, if entered, becoming a final Order of the Court.
BY THE COURT:
Date: ______ __________
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW: Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW: Legal Aid of Southeastern Pennsylvania
Chester County Division
14 East Biddle Street
West Chester, PA 19380
610-436-4510AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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.
BY THE COURT:
Date: ______ __________
Comment: It is the general practice of this Court to schedule Custody conciliation conferences no later than 90 days from the filing of the Complaint or Petition to Modify. Hearing requested pursuant to C.C.R.C.P. 1915.5.B.(f)(2)(i) will be approximately 30 minutes in length (15 minutes each side) for the presentation of evidence on the issue of a change in primary custody.
Rule 1915.8.A. Physical or Mental Examination of Persons.
(1) In the event that either psychological studies or home studies become necessary to a proper disposition of the cause, and a party or parties are unable to pay the cost of such studies, the cost thereof may be assessed upon the county, subject to the obligation of the parties to reimburse the county as their means permit.
(2) Any person requesting the performance of a Home Investigation shall post an investigation fee with the Family Court in such amount as shall be established by the court from time to time.
Rule 1915.11.A. Appointment of Attorney for Child. Interrogation of Child. Attendance of Child at Hearing or Conference.
(a) If counsel or a guardian ad litem is appointed for the child, fees may be assessed against the parties. or the county, subject to the obligation of the parties to reimburse the county as their means permit. The court shall maintain a list of counsel willing to act as counsel for the child, at such rate as may be fixed by the court, and appointments shall be made from such list on a rotating basis, unless otherwise ordered by the court.
(b)
(1) No child(ren) shall be present at a conciliation conference unless specifically ordered to appear.
(2)
(i) Parties requesting the presence of children ages ten (10) and older at a conciliation conference shall do so by submitting their request in the form of a proposed order to the Office of the Family Court Administrator. That office shall maintain such forms in blank, for this purpose. The proposed order shall be served by the requesting party on all other parties promptly and in sufficient time so that the opposing parties are given at least ten (10) days notice, prior to the conciliation conference, of the entry of the order.
(ii) The form of order required by C.C.R.C.P. 1915.11.A.(b)(2) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION--LAW Defendant : IN CUSTODY [Continued on next Web Page]
[Continued from previous Web Page] ORDER FOR APPEARANCE WHEREAS, a Custody Conciliation Conference in this matter has been scheduled for the ______ day of ______ , 20____ at ______ __.m. before a Chester County Custody Conciliator in the Child Custody Conciliation Room at Courthouse, Third Floor Annex, West Chester, Pennsylvania, and,
WHEREAS, ______ , who is a party to these proceedings has requested the presence at the Conciliation Conference of the children named below who are the subject of these proceedings and are ten (10) years of age or older,
IT IS HEREBY ORDERED that the following minor children shall attend the aforesaid Conciliation Conference:
Name ______ Date of Birth ______ Name ______ Date of Birth ______ Name ______ Date of Birth ______ BY THE COURT:
Date: ______ __________
(3) The custody conciliator may at his/her discretion reschedule a conference and direct the appearance of a child or children of any age.
Rule 1915.12.A. Contempt. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.
(a) All petitions for Contempt shall be accepted for filing by the Office of the Prothonotary upon payment of the appropriate fee.
(b) All petitions for Contempt shall allege with specificity the facts that constitute a wilful failure to comply and indicate the remedy the party is seeking.
(c) All Petitions for Contempt shall may be scheduled for a conciliation conference hearing before the Custody Conciliator. At the conclusion of the conference all unresolved matters shall be certified for hearing before the court. Said certification shall be forwarded to the Family Court Administrator after filing, for scheduling consistent with the court's business. The hearing shall be limited to one (1) hour in duration at which time the parties may present evidentiary testimony. At the conclusion of the hearing, the custody conciliator shall make a recommendation and advise the parties they have ten (10) days in which to request a hearing de novo. At the conclusion of the ten (10) days if no objections have been filed, the recommendation shall become an order of the court. In the event objections are filed, the matter shall be listed, in the normal course of business, for a hearing de novo before the Court. The hearing shall be limited to the issues raised by the pleadings.
Rule 1915.13.A. Special Relief
(1)(a) Motions or pPetitions seeking a stay or other immediate, substantive relief may be presented to the court at any time.
(2)(b) The court will not enter a stay or grant the relief ex parte unless:
(a)(1) Notice--it appears from the petition or motion that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time and place of the application; or
(b)(2) Stipulation--it appears from the petition or motion that there is an agreement by all parties in interest; or
(c)(3) Exigency--the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief. Such exigent circumstances include those where immediate action is necessary to protect the mental or physical well-being of a child or children, or to undo the effects of a ''snatch'' (that is, a recent sudden change in a long-standing custody arrangement brought about contrary to the wishes of the custodial parent), or to preserve the status quo.
(3)(c) Where prompt action is necessary, the family court may also enter temporary orders based on:
(a)(1) the recommendations of the conciliator; or
(b)(2) affidavits, depositions, reports of physicians, police or school personnel, and the oral representations of counsel; or
(c)(3) investigations of child service agencies, or
(d)(4) a combination of the foregoing.
Rule 1915.15. A. Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order.
(a) The form of order required by Pa.R.C.P. 1915.3(a) shall be in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION--LAW Defendant : IN CUSTODY NOTICE & ORDER TO APPEAR A complaint has been filed in the Court of Common Pleas of Chester County concerning custody/partial custody/visitation of your children.
You are ordered to appear in person at the Chester County Courthouse, 17 North Church Street, Custody Conciliation Room, Third Floor Annex, West Chester, PA for a Custody Conciliation Conference on ______ , at _____ , __.m.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you.
You, ______ , Plaintiff, are ordered to appear in person to attend a Parenting Class on Wednesday, ______ at 4:30 p.m. in the Jury Room, Chester County Courthouse, 2 North High Street, West Chester, PA.
You, ______ , Defendant, are ordered to appear in person to attend a Parenting Class on Wednesday, ______ at 4:30 p.m. in the Jury Room, Chester County Courthouse, 2 North High Street, West Chester, PA.
Failure to attend the session as scheduled may affect your rights to custody, partial custody or visitation.
You are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers.
Mediator: ______ Phone ______
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW: Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW: Legal Aid of Southeastern Pennsylvania
Chester County Division
14 East Biddle Street
West Chester, PA 19380
610-436-4510AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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.
BY THE COURT:
Date: ______ __________
(b) All Petitions for Modification shall be accepted for filing by the Office of the Prothonotary upon the payment of the appropriate fee.
(c) All Petitions for Modification shall allege with specificity the modification sought and the reasons for seeking the modification.
Rule 1920.16.A. Severance of Actions and Claims. Bifurcation.
(a) Upon motion of either party and after hearing, the Master may recommend bifurcation of the divorce proceedings and issuance of a divorce decree prior to a determination of other matters raised by written report in accordance with Pa.R.C.P. 1920.53. The court shall permit bifurcation for good cause shown. In such event, this decree shall be indexed in the judgment docket to give notice of the divorced spouse's equitable interest in the property of the other.
(b) The decree of divorce in such circumstances shall contain the following statement: ''The court reserves jurisdiction to dispose of ancillary matters properly raised by the parties heretofore; each spouse shall retain his or her equitable interest in the marital property of the other.'' be substantially in the form as prescribed by Pa.R.C.P. 1920.76.
(c) A copy of the Petition for Bifurcation shall be served upon the appointed Master.
Rule 1920.18A. Discontinuance. Rescinded
After a special master has been appointed, a discontinuance shall be entered only by leave of court after notice to the defendant and the master.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.22.A. Discovery. Sanctions. Rescinded
If a party does not comply with a discovery order, the master may either:
(1)(a) Proceed, nevertheless, to consider the evidence presented by the parties and, in his or her closing report, recommend sanctions against the non-complying party, including deemed admissions on the matters involved; or
(2)(b) Make an immediate recommendation to the court that sanctions of a specified nature be imposed.
Comment: Written interrogatories may be served as of course pursuant to Pa.R.C.P. 1920.22. Pa.R.C.P. 1920.33(a) further requires the filing of any inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code. Any party who has complied with these Rules may, where appropriate, apply to the court for sanctions pursuant to Pa.R.C.P. 4019 if the opposing party has failed to answer interrogatories and/or failed to file a required document. In the event of a successful Application pursuant to Pa.R.C.P. 4019, the Court of Common Pleas of Chester County may grant a broad order requiring, inter alia: timely answers to interrogatories; timely production of all relevant documents requested; and, when appropriate, deposition of the uncooperative party. Failure to comply with a court order requiring compliance with mandatory or other discovery will result in the imposition of appropriate sanctions, which may include, inter alia, an award of counsel fees and/or costs.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Comment: The rule relating to discovery in domestic relations matters is C.C.R.C.P. 1930.5.A.
Rule 1920.31.A. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses. Registration of Alimony. Registration of Foreign Decrees
(a)(1) A party in whose favor the court has entered an order for alimony may, upon payment to the domestic relations office of a registration fee of fifty ($50.00) one hundred ($100.00) dollars, register the order. Upon registration, and notice to the opposing side, the order shall be enforced in the same manner as other support orders.
(2) All orders for alimony shall be subject to automatic wage attachment.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
(b)(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following:
(a)(i) identification of parties and their respective residences;
(b)(ii) a certified copy of the decree and any subsequent modifications; and
(c)(iii) a reference to laws of the issuing state which impact on enforcement of such decree
(2) Upon filing of the petition, the Family Court Administrator is authorized to issue, per curiam, a Rule to Show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days. Each such rule shall notify respondents that well pled facts of the petitions will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.
(3) The petitions shall be served in the same manner as in original process for divorce.
(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.C.P. 1029 shall apply.
(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent-bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.
(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.
(7) When an answer has been timely filed and any issues(s) raised by the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.C.P. 209206.7, any party may file a praecipe for determination in the form described in C.C.R.C.P. 206.2, with a supporting brief. Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination.
(8) A decree granting registration and adoption of a foreign decree with respect to alimony or alimony pendente lite may be registered with the Domestic Relations Office in the same manner as provided in C.C.R.C.P. 1920.31.A.
Rule 1920.31.B. Registration of Foreign Decrees.
(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following:
(a) identification of parties and their respective residences;
(b) a certified copy of the decree and any subsequent modifications; and
(c) a reference to laws of the issuing state which impact on enforcement of such decree.
(2) Upon filing of the petition, the Family Court Administrator shall issue a Rule to show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days. Each such rule shall notify respondents that well pled facts of the petitions will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.
(3) The petitions shall be served in the same manner as in original process for divorce.
(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.C.P. 1029 shall apply.
(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent-bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.
(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.
(7) When an answer has been timely filed and any issues(s) raised by the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.C.P. 209, any party may file a praecipe for determination in the form described in C.C.R.C.P. 206.2, with a supporting brief. Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination.
(8) A decree granting registration and adoption of a foreign decree with respect to alimony or alimony pendente lite may be registered with the Domestic Relations Office in the same manner as provided in C.C.R.C.P. 1920.3 1A.
Editor's note: Amended July 15, 1994, effective October 1 - 1994
Comment: C.C.R.C.P. 1920.31.B. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.31.A.(b)(1)--(8).
Rule 1920.32.A. Joinder of Related Claims. Custody. Hearing by Court. Joinder of Custody Claim.
If a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary and it shall receive a court number separate from the divorce action. Such filing shall contain the information required by Pa.R.C.P. 1915.3(a) & 1915.15(a) and C.C.R.C.P. 1915.3.A. An additional filing fee may be required for this duplicate complaint. A copy of the duplicate, with the separate court number, shall be served on the defendant.
Rule 1920.42.A. Affidavit and Decree Under § 3301(c) or § 3301(d)(1) of the Divorce Code. Notice of Intention to Request Entry of Divorce Decree in § 3301(c) and § 3301(d)(1)(i) Divorces. Counter-Affidavit. Praecipe to Transmit Record. Incorporation of Agreement in Divorce Decree
(1)(a) Withdrawal of Claims--Prior to the filing of the praecipe to transmit the record, any ancillary claim that has not been resolved by an agreement to be incorporated into the decree shall be withdrawn by praecipe of the party who raised the claim. All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party and the Master, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing. The notice of intention to file the withdrawal of ancillary claims may be waived. Waivers shall be in writing and signed by counsel of record, or the parties and filed of record.
Note: The required notice of intention to file a praecipe to withdraw ancillary claims may be given at the same time as the notice of intention to file a praecipe to transmit the record. The praecipe to withdraw ancillary claims may then be filed immediately prior to the filing of the praecipe to transmit the record.
(2)(b) All praecipes to transmit a record shall include a certification that opposing counsel, any unrepresented party and the master, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing. In those cases where a Master has been appointed, at the time of filing the Notice of Intention to file the Praecipe to Transmit the Record or the Waiver of Notice of Intent with the Prothonotary, the filing party shall notify the Master, in writing, that the action has been settled and file a certification of said notice with the Prothonotary.
(3)(c) Within eight (8) days of the Master's receipt of a notice of intention to file a praecipe to transmit record, the Master shall return the court file to the Prothonotary of Chester County. along with a statement of services rendered, certification that payment has been made and a recommendation for disposition of the praecipe to transmit record.
(4) Notices required by this rule may be waived but any such waiver of notice must be filed of record and, if the party waiving notice is not represented by counsel of record, then such waiver shall be effective only if the waiver is contained in a separate written document which specifically sets forth the substance of the notice requirements which are being waived and is signed by the party waiving such notice.
(d) If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should incorporation be included in the agreement, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the terms providing for incorporation may be found.
Comment: See C.C.R.C.P. 1920.76.A regarding incorporation of a marriage settlement agreement into the divorce decree.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.43.A. Special Relief.
(1)(a) All applications petitions for special relief shall be in the form prescribed by C.C.R.C.P. 206.1.A.(1)(a) and C.C.R.C.P. 206.2.B.(1) and (2).
(2)(b) A rule to show cause assigned a return date not sooner than twenty (20) days after the date of filing shall be issued per curiam when presented to the deputy court administrator, family court.
(3)(c) Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which stays proceedings or which by its terms grants substantive relief, shall present the petition, proposed order and rule to the signing judge of the Family Court. The court will not enter a stay or grant more immediate relief ex parte unless:
(a)(1) Notice--It appears from the petition or motion that reasonable notice, under the circumstances, of the date, time and place of the application presentation of the petition has been given to all counsel and unrepresented parties;
(b)(2) Stipulation--It appears from the petition or motion that there is an agreement by all counsel and unrepresented parties; or
(c)(3) Exigency--The court in its discretion shall determine that there are extraordinary circumstances justifying a stay or more immediate relief.
(4)(d) Immediately after filing documents with the Prothonotary each party shall serve upon all other counsel and unrepresented parties complete copies of such documents. Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3.
(5) The court in its discretion may order depositions in lieu of scheduling a hearing on any Application for special relief.
(6) At least five (5) days prior to any evidentiary hearing before the court, all parties shall file with the prothonotary a pre-hearing statement and shall immediately serve copies of the statement on all other parties. The pre-hearing statement shall not exceed two (2) pages in length and shall set forth the following:
(a) A brief statement of the claim(s) being made by the moving party or the defense(s) being made by respondent;
(b) A concise statement of the facts;
(c) A concise statement of the legal issues involved, if any, and shall include citations to any applicable statutes; and
(d) An estimate of the required hearing time.
Pre-hearing statements for hearings scheduled less than twenty (20) days from the filing of the application shall be filed one day before the evidentiary hearing.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.46.A. Military Service.
(1)(a) If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary two hundred ($200.00) dollars to cover the attorney's fees.
(2)(b) The attorney appointed to represent the defendant shall promptly perform the following duties:
(a)(1) The attorney shall make diligent inquiry to ascertain the whereabouts of the defendant.
(b)(2) If the attorney ascertains that the defendant is in the military service, the attorney shall inform the defendant of the action pending and ascertain whether the defendant wishes to appear and be heard, shall attend all hearings before the Master, and shall take any action proper to protect the interests of the defendant.
(c)(3) If the defendant is in the military service and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. In such event all proceedings shall be stayed until further order of the court.
(d)(4) If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of the appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Master, if appointed. The attorney shall attend all hearings before the Master and take any action proper to protect the interest of the defendant.
(e)(5) Within ten (10) days after the hearings before the Master have closed, the attorney shall file with the Master a final report stating whether or not the defendant's whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service. This final report shall be attached to and made a part of the report of the Master.
(f)(6) Upon the filing of an interim report resulting in the staying of all proceedings until further order of the court, or upon the filing of a final report, the attorney shall be entitled to receive the two hundred ($200.00) dollars previously filed with the Prothonotary.
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920.51.A. Hearing by the Court. Lists of Masters. Appointment of Master. Notice of Hearing. Applicable Masters' Fees.
(1) The court shall maintain a list of masters which shall be comprised of attorneys appointed by the president judge from among those attorneys admitted to practice before the Supreme Court of Pennsylvania and actively engaged in the practice of law in Chester County who are deemed to be specially qualified to serve as masters.
(2)(a) In actions where ancillary claims have been raised and are at issue, on the motion of either party, a Master shall be appointed by the court to hear testimony and prepare a report and recommendation.
(3)(b) Motion for Appointment of a Master--A motion for the appointment of a Master may be filed at any time after the filing of a complaint in divorce and shall state specifically what claims are at issue, what claims have been settled by agreement and whether any such agreement is to be entered as a court order. The moving party must be in compliance with Pa.R.C.P. 1920.31 and 1920.33. The motion shall include a certification that the completed inventory has been filed and served on the other party. The motion and order shall be in the form prescribed by Pa.R.C.P. 1920.74(a), (b).
(4)(1) Certification of Service--The movant shall file, along with the motion for appointment of a Master, a certification that opposing counsel or any unrepresented party has been served with a copy of the motion and all other documents required pursuant to sub-section (3)(b) hereof.
(5)(2) The motion for the appointment of a Master shall aver whether any acting Master is disqualified from acting as a Master in the action and the basis for the disqualification.
(c) Objections to the Motion for the Appointment of Master shall be filed within ten (10) days of the filing of the motion and shall be in accordance with C.C.R.C.P. 206.1.C. except that no brief shall be required.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
(d) Cover Sheet--Any motion for appointment of a Master shall be filed in the office of the Prothonotary and shall be accompanied by the following a cover sheet, available at the office of the Prothonotary.
(e) Appointment of Master--Upon filing of the motion for the appointment of a Master, in the form prescribed by Pa.R.C. P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Family Court Administrator Masters' Unit for the scheduling of a preliminary conference. When a party files a motion for the appointment of a Master, the moving party shall pay to the Prothonotary the applicable fee pursuant to this Rule. No Master shall be appointed without such payment.
(f) Applicable Fee--The party filing for the appointment of a Master shall specify on the cover sheet the matters sought to be heard by the Master, which shall determine the applicable fee. In addition to posting the requisite fee, the moving party shall pay eight dollars ($8) for filing fee with the Prothonotary.1
(1) The fee for the appointment of a Master to hear only marital dissolution issues shall be $130.
(2) The fee for the appointment of a Master to hear interim issues of alimony pendente lite, counsel fees and/or litigation expenses shall be $100. The party moving for the appointment of a Master to hear a claim for alimony pendente lite shall file a time-stamped copy of the motion filed with the Prothonotary pursuant to subsection (1) hereof and a copy of the receipt or payment of the requisite fee, in the Domestic Relations Office of Chester County. The Domestic Relations Office shall then schedule a conference in accordance with Pa.R.C.P. 1910.12 and C.C.R.C.P. 1910.12.A.
(3) Whenever a party moves for the appointment of a Master to hear equitable distribution of marital property, whether or not there are other claims to be heard by the Master, the moving party shall deposit $500 for the Master's fee plus eight dollars ($8) for filing with the Prothonotary.
(g) The above fees are non-refundable.
Rule 1920.51.B. Regular Masters [Rescinded]
Rule 1920.51.C. Special Masters [Rescinded]
Rule 1920.51.D. Disqualification of Master. [Rescinded]
Rule 1920.51.E. Motion for Appointment of a Master. Applicable Masters' Fees.
(1) Cover Sheet--Any motion for appointment of a master shall be filed in the office of the Prothonotary and shall be accompanied by the following cover sheet, available at the office of the Prothonotary:
See Form on Page 165
(2) Appointment of Master--Upon filing of the motion for the appointment of a master, in the form prescribed by Pa.R.C. P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Family Court Administrator for the scheduling of a preliminary conference. When a party files a motion for the appointment of a master, the moving party shall pay to the Prothonotary the applicable fee pursuant to this Rule. No master shall be appointed without such payment.
(3) Applicable Fee--The party filing for the appointment of a master shall specify on the cover sheet the matters sought to be heard by the master which shall determine the applicable fee. In addition to posting the requisite fee, the moving party shall pay eight dollars ($8) for filing fee with the prothonotary.2
(a) The fee for the appointment of a master to hear only marital dissolution issues shall be $130.
(b) The fee for the appointment of a master to hear interim issues of alimony pendente lite counsel fees and/or litigation expenses shall be $100. The party moving for the appointment of a master to hear a claims for alimony pendente lite shall file a time-stamped copy of the motion filed with the Prothonotary pursuant to subsection (1) hereof and
1. The filing fee with the prothonotary is subject to change.
a copy of the receipt or payment of the requisite fee, in the Domestic Relations Office of Chester County. The Domestic Relations Office shall then schedule a conference in accordance with Pa.R.C.P. 1910.12 and C.C.R.C.P. 1910.12.A.
(c) Whenever a party moves for the appointment of a master to hear equitable distribution of marital property, whether or not there are other claims to be heard by the master, the moving party shall deposit $500 for the master's fee plus eight dollars ($8) for filing with the Prothonotary.
The above fees are non-refundable.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: C.C.R.C.P. 1920.51.E. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.51.A.(d)--(g).
Rule 1920.51.F. 1920.53.A. Hearing by Master. Master's Report.
(a) Master's Duty To Determine Jurisdiction--The Master shall examine the formal sufficiency and regularity of the proceedings and the question of jurisdiction on the face of the pleading. If defective, but curable by amendment, the Master shall notify counsel and suspend further action until the necessary amendment is made. When the Master is satisfied of the formal sufficiency and regularity of the proceeding and the existence of jurisdiction, the hearing shall proceed as follows:
(1)(b) Uncontested Cases Divorce and Annulment Cases--(Not Involving Equitable Distribution.)
(a)(1) Counsel shall be provided with written notice of the hearing at least ten (10) days prior thereto.
(b)(2) In all hearings before a master that are believed to be uncontested, tThe plaintiff shall, prior to the hearing, submit to the Master a written ''Plaintiffs Record of Testimony'' bearing the case's caption, and consisting of the following:
(i) The plaintiff's testimony, in question and answer form, signed and verified by the plaintiff,
(ii) Any exhibits specifically identified in the plaintiff's evidence, and
(iii) The testimony of each of the plaintiff's witnesses, in question-and-answer form, signed and verified by the witnesses.
(c)(1) The Master's hearing in uncontested cases shall be conducted as follows:
(i) At the time of hearing, Tthe plaintiff and all witnesses whose evidence Record of Testimony has been prepared in advance shall be present and shall affirm their prerecorded evidence, under oath or affirmation, in the Master's presence.
(ii) The Master may examine the plaintiff and the witnesses regarding the prerecorded evidence to evaluate their credibility, and may interrogate them as to any relevant matter whether or not included in the prepared record of testimony.
(iii) The Master, upon being satisfied that the plaintiff's record of testimony is credible, shall accept it and include it in the Master's report in lieu of findings on the merits, provided, however, that in the report the Master certifies that:
1.(a) At the hearing and in the Master's presence the plaintiff and witnesses offering prerecorded testimony were placed under oath and were examined and that they, by credible evidence, substantiated the facts set forth in the plaintiff's record of testimony, and
2.(b) No witness who was sworn or affirmed presented testimony or evidence contrary to the facts set forth in such record testimony.
(c) A report and recommendation of the Master shall issue at some time after the hearing.
(d) The Master's hearing, in contested divorce and annulment cases, shall be conducted as follows:
(1) The parties shall appear and present evidence, with a Court Reporter present.
(2) The Master may inquire of the parties under oath.
(2) Contested Cases--(or Involving Equitable Distribution) Rule 1920.54.A. Hearing by Master. Report. Related Claims.
(a) Preliminary Conference--
(i)(1) A Master shall hold a preliminary conference within thirty (30) days after being appointed to determine the scope of the ancillary issues raised. No stenographic record shall be made of this conference unless requested by a party, and approved by the Master, in which case that party shall engage and bear the cost of the stenographer.
(ii)(2) A Master may recommend to the court the entry of orders for discovery, alimony pendente lite, child sport support, counsel fees, expenses or costs following the preliminary conference.
(b) Discovery--
(1) Counsel may prepare and submit to the assigned Master and opposing counsel a listed of requested discovery at the preliminary conference.
(2) A Master may recommend to the court the entry of orders for discovery, including but not limited to, the filing of an inventory, an income and expense statement and affidavit of vital statistics. Said discovery orders may include discovery deadlines upon the request of either party or at the direction of the Master.
(b)(c) Prehearing Settlement Conference--Within thirty (30) days of the hearing, tThe Master shall conduct a settlement conference at which both parties shall submit a prehearing statement, which shall:
(1) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children;
(i) Identify all witnesses with a brief summary
(ii) Identify all exhibits and agreements which shall be premarked;
(iii) Identify all reports of all experts;
(iv)(2) Contains any updates on valuation of property at issue;
(3) Identifies any and all legal or factual disputes or issues;
(v)(4) Contains a proposed specific schedule of distribution of all property including the percent of distribution to each party;
(vi) Identify the dates and duration of conferences during which counsel and the parties have discussed settlement in good faith.
Editor's note: The prothonotary has prepared a Certification of Trial Readiness Divorce form.
See Form on Page 166
(d) Certification of Trial Readiness:
(1) At the conclusion of the settlement conference, if all discovery has been completed, the deadline for discovery has passed, the case has not settled and divorce grounds have been established, the parties may file a Certification of Trial Readiness.
(2) A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Master and proof thereof, shall be filed with the Prothonotary. Any certificate that fails to include an estimated time of trial will be rejected by the Master and not placed on the Master's trial list.
(3) Upon receipt of the Certification of Trial Readiness by the Master, the matter shall be placed on the assigned Master's trial list in accordance with the filing date as indicated by the Prothonotary's time-stamp.
(4) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary.
Comment: The form certificate has been moved to C.C.R.C.P. 1920.74.A. to be consistent with Pa.R.C.P. 1920.71, et seq.
Note: This form of certification of trial readiness amends the prior form originally published in 1993.
(c)(e) Hearing--
(i)(1) The Master shall hold a formal record hearing for the determination of all matters at issue. Each party shall file a pre-trial statement not less than 10 days prior to the scheduled Master's hearing not exceeding 3 pages setting forth:
(i) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;
(ii) a concise statement of the facts;
(iii) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
(iv) a list identifying the names and addresses of all witnesses each party intends to call at trial;
(v) copies of all exhibits to be offered at trial intended to be admitted during the party's case in chief;
(vi) identify and attach reports of all experts;
(vii) contain any updates on valuation of property at issue;
(viii) contain an updated, proposed specific schedule of distribution of all property including the percent of distribution to each party.
(2) Failure to comply with the above rule may result in the imposition of sanctions recommended by the Master and will, in addition, permit the drawing of adverse inferences by the Master and the court.
(3) A copy of the pre-trial statement shall be served upon the Master and opposing counsel or any unrepresented party. Proof of service shall be filed with the Prothonotary.
All discovery pertaining to the ancillary issues before the master shall be made and transcribed for filing pursuant to Pa.R.C.P. 1920.53(a)(l) at any formal hearing before the master and court reporters shall be made available to the masters.
(ii)(4) The time and place of such hearing shall be designated by the court. Court reporters shall be made available to the Masters. Once a hearing begins, it shall proceed to its conclusion within the limits of the estimated trial time. Thereafter, scheduling shall be consistent with the schedule of the Master. Whenever possible, consistent with the master's duties pursuant to Pa.R.C.P. 1920.53 et seq., the master shall announce his or her recommendations at the conclusion of the hearing.
(5) The Master shall file a report in accordance with Pa.R.C.P. 1920.54. and 1920.55-2(a)(1), (2).
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: Exhibits not attached and intended to be used as rebuttal or on cross-examination are still subject to relevancy standards by the finder of fact.
Comment: See generally, Pa.R.C.P. 1920.33
Rule 1920.53.A. Master's Report. Rescinded
(I) Preparation; Form--
(a) Upon receipt of notice of the filing of the transcript of testimony, or after the hearing if the plaintiffs record of testimony has been accepted in lieu of the transcript, the master shall prepare a report and recommendation and enclose the papers of the case in a strong backing paper in the following order:
(i) Decree Recommended
(ii) Master's Report
(iii) Testimony
(iv) Complaint and other papers in the case.
(b) The cover shall be endorsed with the court number, the names of the parties, the names of the attorneys and the name of the master.
(c) All regular master reports shall conform to Pa.R.C.P. 1920.53. All special master reports shall conform to Pa.R.C.P. 1920.53 and 1920.54.
(2) Notice of Filing of Report--If the defendant did not appear at the master's hearing, and if there is no attorney of record for the defendant, the master shall include in the notice required by Pa.R.C.P. 1920.53 and 1920.54 a statement that exceptions to the report may be filed with the prothonotary within ten (10) days after the date of filing of the report.
(3) Dismissal of Complaint-- If a master's report recommends that the divorce decree not be granted, and if no exceptions to the report are filed within ten (10) days of the filing of the report, the court shall dismiss the complaint.
Rule 1920.55.A. 1920.55-2.A. Master's Report. Notice. Exceptions to Master's Report. Final Decree
(1)(a) Dismissal--Exceptions shall be dismissed in any case in which the notes of testimony have not been ordered, and paid for if required, within thirty (30) days of the filing of the exceptions.
(2)(b) Briefs--
(1) No less than three (3) weeks before the date set for oral argument, the excepting party or parties shall file a brief with the Prothonotary, shall serve copies of the brief upon all counsel, unrepresented parties and the judge assigned to hear the exceptions, and shall file a certification that service has been made.
(2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification of service in the manner prescribed in (1) above.
(3) In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
(3)(c) Argument--If an excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, a non-excepting party may move for dismissal of the exceptions. If non-excepting party fails to file a brief within the time prescribed by these rules, or within the time as extended, he will not be heard at oral argument except by permission of the court.
Argument to the court shall be made only on the evidence in the record made before the master.
Comment: These motions to dismiss may be made at any time prior to commencement of oral argument and are not subject to the requirements of C.C.R.C.P. 206.1.(a).
Editor's note: Amended July 15, 1994, effective October 1, 1994.
Rule 1920. 72.A. Form of Complaint. Affidavit. Affidavit Under § 3301(c) or 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree Under § 33301(c) and § 3301(d). Form of Continuance.
(a) All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1930.1.A.
(b) All requests for continuance shall be by original motion. No facsimile requests will be accepted.
Rule 1920.74.A. Form of Motion for Appointment of Master. Order. Form of Certification of Trial Readiness --Divorce.
(a) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary. Upon the filing of the certificate, a copy shall be served upon the appointed Master.
(b) The certification of trial readiness shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA v. : NO. Defendant : CIVIL ACTION--IN DIVORCE CERTIFICATION OF TRIAL READINESS--DIVORCE Please place the above-captioned case on the trial list of ______ , Esquire, Master and schedule if for a hearing. NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN. FAILURE TO BE READY AT THE TIME THE CASE IS CALLED MAY RESULT IN THE REASSIGNMENT OF THE CASE ON THE TRIAL LIST.
If after fifteen (15) days the adverse party fails to execute this certificate, the moving party may certify the matter as an active case.
Estimated trial time ______ .
I hereby certify that on ______ , I notified all interested parties.
_________________ _________________ Signature of Attorney Signature of Attorney For Plaintiff for Defendant _________________ _________________ Type Name & Attorney Type Name & Attorney I.D. No. I.D. No. _________________ _________________ Address of Attorney Address of Attorney _________________ _________________ Telephone # of Attorney Telephone # of Attorney __________
Unrepresented party (signature), name and address typed
TO BE FILED WITH THE PROTHONOTARY.
2004(This form is printed on blue paper). Rule 1920.76.A. Incorporation of Agreement in Divorce Decree.
If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should the stipulation be included in the agreement itself, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the stipulation may be found.
Editor's note: Adopted July 15, 1994, effective October 1, 1994.
Comment: C.C.R.C.P. 1920.76.A. has been moved in its entirety and renumbered as C.C.R.C.P. 1920.42.A.(d).
Rule 1930.1.A. Form of Pleadings. Form of Caption. Form of Continuance Request and Order. Form of Rule Returnable.
(a) The form of request for continuance as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : CIVIL ACTION--IN MOTION FOR CONTINUANCE I, ______ , Esquire, attorney for Plaintiff/Defendant, move for a continuance of the ______ (specify type of hearing) scheduled for ______ , 20____ at _____ __m. in Courtroom No. ______ for the following reasons: __________
__________
The opposing party/counsel ______ (name) has been notified and AGREES/DISAGREES.__________
Attorney for Plaintiff/Defendant_________________ (name)
__________
ORDER FOR CONTINUANCE AND NOW, this ______ day of ______ , 20____ , based upon the foregoing Motion, the continuance is GRANTED/DENIED.
The above matter is hereby rescheduled to the ____ day of ______ , 20____ in Courtroom No. ____ at ______ __.m.
BY THE COURT:
_________________ J.
(b) The form of Rule to Show Cause as required by Pa.R.C.P. 206.6, in Family Matters shall be substantially in the following form:
Plaintiff : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA vs : NO. Defendant : CIVIL ACTION--IN RULE AND NOW, this _____ day of _____ , 20____ , upon consideration of with Petition for ______ , a Rule is issued upon the Respondent, ______ , to show cause, if any he may have, why the prayer of the Petition should not be granted.
Rule Returnable the ______ day of ______ , 20______ , with hearing the ____ day of ______ , 20____ at _____ a.m./p.m. in Courtroom No. ____ , of the Chester County Courthouse, West Chester, PA.
The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.
BY THE COURT:
_________________
Rule 1930.3.A. Testimony by Electronic Means.
(a) The procedure for requesting testimony by electronic means shall be in accordance with C.C.R.C.P. 206.1.A.(1).
(b) Should the court grant a request for testimony by electronic means, the requesting party shall be responsible for all costs by either the initiation of the telephone call or by use of a credit card for payment.
Comment: The court requires no less than 48 hours notice to arrange for the use of specialized equipment.
See generally Pa.R.C.P. 1920.3.
Rule 1930.5.A. Discovery in Domestic Matters. Sanctions.
If a party does not comply with a discovery order, the master may either:
(a) Proceed, nevertheless, to consider the evidence presented by the parties and, in his or her closing report, recommend sanctions against the non-complying party, including deemed admissions on the matters involved; or
(b) Make an immediate recommendation to the court that sanctions of a specified nature be imposed.
Comment: Pa.R.C.P. 1920.33(a) requires the filing of an inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code. Any party who has complied with these Rules may, where appropriate, apply to the court for sanctions pursuant to Pa.R.C.P. 4019 if the opposing party has failed to answer interrogatories and/or failed to file a required document. In the event of a successful Application pursuant to Pa.R.C.P. 4019, the Court of Common Pleas of Chester County may grant a broad order requiring, inter alia: timely answers to interrogatories; timely production of all relevant documents requested; and, when appropriate, deposition of the uncooperative party. Failure to comply with a court order requiring compliance with mandatory or other discovery will result in the imposition of appropriate sanctions, which may include, inter alia, an award of counsel fees and/or costs.
Comment: Requests for Discovery shall be made in accordance with C.C.R.C.P. 206.1.A.(1).
Rule *1940.3 1940.3.A. Order for Orientation Session and Mediation. Selection of Mediator.
(a) Except as provided in (c) below, in an action for custody, partial custody or visitation where an agreement is not reached and reduced to writing by the conclusion of the Custody Conciliation Conference, (see Local Rule 1915.5B) the parties upon recommendation by the conciliator may attend a two-hour custody mediation orientation session.
(a) All Complaints for Custody or Petitions to Modify Custody shall be referred to mediation. The mediator shall be assigned to the case at the time the custody conciliation conference and the parenting classes are scheduled. All parties shall call the assigned mediator within three (3) days of receiving the Complaint for Custody or Petition to Modify.
(b) An orientation session is an initial meeting between parties, and a mediator pursuant to Local Rule 1940.4 below, to educate the parties concerning the mediation process so that an informed choice can be made about continued participation in that process. The mediation is confidential at the point, if any, that mediation commences during, or after, the initial orientation session.
(b) All parties shall attend a custody mediation orientation, unless otherwise excused under this rule.
(c) An orientation session shall not be recommended required if a party or a party's child is or has been the subject of a Protection from Abuse Order abuse by either party within 24 months preceding the filing of the action.
(d) The Family Court Administrative Office shall maintain a list of custody mediators who have satisfied the requirements of C.C.R.C.P. 1940.4.A. The list of custody mediators shall be made available, upon request, to all parties and counsel.
(e) In the event the parties agree to additional mediation at the conclusion of the orientation session, 42 Pa.C.S.A. § 5949 shall govern confidentiality and admissibility issues.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.4 1940.4.A. Minimum Qualifications to be a Mediator Under Local Rule 1940.3. of the Mediator.
(a) A mediator must meet the following minimum requirements:
(1) hold a postgraduate level degree in law, or a mental health field such as psychiatry, psychology, counseling, or family therapy;
(2) have successfully completed a 40-hour basic mediation training in a custody mediation program approved by the PBA, or the Academy of Family Mediators, the Academy of Matrimonial Lawyers, or substantial equivalent; consistent with Pa.R.C.P. 1940.4.
(3) provide annual, written proof to the Court's designee that the mediator maintains a current policy of Professional Liability Insurance covering mediation is maintained; which includes mediation as a covered practice area;
(4) participation in a program offered by the Family Law Section of the Chester County Bar Association involving substantive law training, training concerning our local child custody procedures, and training concerning the local custody mediation orientation program, including reporting obligations;
(4) complete twenty (20) hours of additional mediation training every two (2) years, effective January 1, 2002. For the purposes of this rule, additional training shall include advanced mediation training, ongoing supervision by or consultation with an Advanced Practitioner level member of ACR or substantial equivalent, or by a professional mediation trainer.
(5) continued compliance with the ethical standards and any continuing educational requirements of the PBA, or the Academy of Family Mediators, or the Academy of Matrimonial Lawyers, or substantial equivalent.
(b) Mediators shall submit an application and an application fee in the amount of $100.00 $150.00 or such sum as the Court directs to the Court's designee]. Mediators shall be required to renew their registration as a mediator annually every two years and to pay an annual a bi-annual renewal fee of $25.00. $70.00 or such sum as the Court directs.
(c) The Court, upon its own motion or the motion of it's designee, shall have the authority to decertify any Chester County custody mediator who has not complied with any provision of these Rules.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.5.1940.5.A. Duties of the Mediator.
(a) At the orientation session, the mediator must inform the parties in writing of the following:
(1) the costs of mediation;
(2) the process of mediation;
(3) that the mediator does not represent provide legal advice, therapy or counseling to either or both of the parties;
(4) the nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest;
(5) that mediation is not a Substitute for the benefit of independent legal advice; and
(6) that the parties should obtain legal assistance for drafting or reviewing any agreement.
(b) When proceeding from the orientation to mediating a custody dispute, the mediator The primary focus of all custody mediation shall ensure that the parties consider fully be the best interests of the children.
(c) Only with the consent of tThe parties, the mediator may meet with mutually agree that the mediator include the parties' children or invite other persons to participate in the mediation process.
(d) At the conclusion of the mediation session, the mediator shall submit a written report to the Family Court Administrative Office.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.6. 1940.6.A. Termination of Mediation
(a) Mediation, if undertaken after the initial orientation session, shall terminate upon the earliest of the following:
(1) a written agreement between the parties on all custody issues;
(2) a written agreement between the parties that mediation be terminated;
(3) a partial written agreement between the parties concerning custody issues and a determination by the mediator that further mediation will not resolve the remaining issues;
(4) a written determination by the mediator that tile [sic] the parties are unable to reach an agreement through mediation or that the proceeding is inappropriate for mediation; or
(5) a refusal of one of the parties to continue with the mediation.
(b) If the parties reach a complete or partial agreement regarding custody at the mediation, the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a Memorandum Temporary Custody Order, setting forth the terms of the parties' agreement. In no event shall any such Memorandum Temporary Custody Order be binding on the parties unless and until it is incorporated into a written agreement signed by the parties.
(c) The mediator may mediate subsequent disputes between the parties, but shall not act as attorney, counselor, or psychotherapist, for any party either during or after the mediation of a custody action, or in any matter which was the subject of mediation. If the parties reach an agreement regarding custody at mediation, the mediator shall advise them that they may review the Temporary Custody Order with an attorney. If the parties wish to review the Temporary Custody Order with their attorneys, the order shall not be signed, by the parties, at mediation. The mediator shall provide the parties with a copy of the Temporary Custody Order. The attorneys must finalize and submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.
(d) The mediator is prohibited from instructing either of the parties to sign any Memorandum Agreement. No mediator drafted Memorandum shall be submitted to the Court in any proceeding, nor is such admissible as evidence in the absence of a written Agreement signed by the parties. The parties may agree to waive review by their attorneys and to sign the Temporary Custody Order at the mediation. If the parties sign the Temporary Custody Order at mediation, the mediator shall submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.7. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Note: Rule 1940.7 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.8. 1940.7.A. Mediator Compensation.
Mediators shall be compensated for their orientation services at the rate of $75.00 per hour or such sum as the Court directs. Unless otherwise ordered, the rate established for the custody mediation orientation session shall be divided between the parties.
Rule * 1940.7 Mediator's Report.
The Mediator's Report shall be filed by the mediator with the Family Court
Note: Rule 1940.7. has been subsumed by C.C.R.C.P. 1940.5.A.
Rule *1940.8. Mediator Compensation.
Mediators shall be compensated for their orientation services at the rate of $75.00 per hour. Unless otherwise ordered, the rate established for the custody mediation orientation session shall be divided between the parties.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin
Note: Rule 1940.8 has been moved in its entirety to C.C.R.C.P. 1940.7.A. to coincide with the Pennsylvania Rules of Civil Procedure.
Rule * 1940.8. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Rule *1940.9 1940.8.A. Sanctions.
On its own motion or the motion of a party, the Court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney's fees, including those incurred in the filing and presentation of the motion for sanctions, as well as a finding of contempt. A hearing on a Custody Complaint or Petition The Custody Conciliation shall not be delayed, however, by a party's refusal or failure in to attending the mediation orientation sessions.
Rule *1940.8. Confidentiality of Mediation Subsequent to Initial Orientation Session
42 Pa.C.S.A. 5949 shall govern confidentiality and admissibility issues.
Note: Rule 1940.8 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.9 Sanctions.
On its own motion or the motion of a party, the Court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney's fees, including those incurred in the filing and presentation of the motion for sanctions, as well as a finding of contempt. A hearing on a Custody Complaint or Petition The Custody Conciliation shall not be delayed, however, by a party's refusal or failure in to attending the mediation orientation sessions.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin
Note: Rule 1940.9 has been moved in its entirety to C.C.R.C.P. 1940.8.A. to coincide with the Pennsylvania Rules of Civil Procedure.
Rule *1940.10. 1940.10.A. Evaluation of Custody Mediation Orientation Program.
(a) The court [or its designee] may evaluate the mediation orientation program annually.
(b) The President Judge may appoint a judge of the Court designee to oversee and implement the program consistent with the local Court Rules Chester County Rules of Civil Procedure, including, but not limited to, implementing and monitoring the program consistent with Paragraph (a) above.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.11. Certificate of Compliance.
A certificate of compliance shall be filed by the mediator with the Prothonotary's Office, confirming compliance. Such certificate shall reflect only that such party or parties have complied with these Rules without further detail (see 42 Pa.C.S.A. 5949).
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1940.12. Available List of Mediators
The Family Court Administrator shall maintain and make available to all parties and counsel in the Family Court Administrator's Office a list of custody mediators who have satisfied the requirements of Local Rule 1940.4. Such list shall include, at a minimum, the names, addresses and the schedule of fees for mediation services.
Editor's note: Adopted May 22, 2000, effective 30 days after publication in the Pennsylvania Bulletin.
Note: Rule 1940.12 has been subsumed by C.C.R.C.P. 1940.3.A.
Rule *1940.13 1940.11.A. Ex Parte Communications Counsel and/or the parties shall not engage in or participate in ex parte communications with the mediator regarding substantive issues which relate to the mediation. Communications regarding scheduling are not subject to this rule.
Rule *1940.14 1940.12.A. Removal of Mediator from Court List.
(a) A mediator is an at will service provider and may be removed from the court list for the following reasons:
(1) failure to maintain current mediation qualifications as set forth in Rule 1940.4; C.C.R.C.P. 1940.4.A.
(2) failure to file mediator's reports with the court in a timely manner;
(3) multiple negative reports about the mediator; or
(4) other just cause.
(b) Procedure for Removing a Mediator from the Court List
(1)
(i) Complaints regarding a mediator shall be in writing and be sent to the Family Court Administrator for submission to the Court.
(ii) All complaints shall be considered confidential in nature.
(2) The Court, in its discretion, may decide whether to remove a mediator or recommend additional training or other remedial steps.
(3) If remedial steps are recommended, the mediator may be suspended during the time needed for additional training but shall not be removed from the list unless the mediator fails to amend the situation to the satisfaction of the Court.
[Pa.B. Doc. No. 04-845. Filed for public inspection May 14, 2004, 9:00 a.m.]
