PIKE COUNTY Amendment to Local Rule L.Civ.P. 1915; No. 1146-2006-Civil [36 Pa.B. 5682]
[Saturday, September 9, 2006]Order And Now, this 22nd day of August, 2006, the Court Orders the following:
1. Local Rule of Civil Procedure 1915 is hereby amended effective thirty (30) days after publication in the Pennsylvania Bulletin;
2. The Court Administrator of the 60th Judicial District is hereby Ordered to do the following:
a. File seven (7) certified copies of this Order and the pertinent Rules with the Administrative Office of Pennsylvania Courts;
b. File two (2) certified copies and a computer diskette containing this Order and the pertinent Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. File one (1) certified copy of this Order and the pertinent Rule with the Civil Procedural Committee;
d. Provide one (1) copy of this Order and the Local Rule to each member of the Pike County Bar Association who maintain an active practice in Pike County; and
e. Keep continuously available for public inspection, copies of this Order and the Local Rules.
By the Court
JOSEPH F. KAMEEN,
President JudgeLocal Rule L.1915--Civil Custody, Partial Custody and Visitation
A. Claims for Custody--Whenever a Divorce Complaint containing a count for custody, a Custody Complaint or a Petition for Modification is filed, it shall contain a Cover Sheet, essentially in the attached format. The Prothonotary shall submit the Cover Sheet to the Court Administrator. Pursuant to the provisions of 23 Pa.C.S.A. § 3902(a), an additional twenty dollar ($20) filing fee is hereby imposed on Custody Complaints and Divorce Complaints containing a count for custody. After the filing of any of the above pleadings, each of the parties shall be ordered to attend the ''Kids First'' Program, or other similar program approved by the Court, cost to be borne by the parties. Failure by a party to comply with an Order of Court directing attendance at one of the programs, as set forth above, will result in the initiation of contempt proceedings against said party.
B. Upon the filing of a Divorce Complaint containing a count for custody, a Custody Complaint, or a Petition for Modification of Custody, the parties shall be Ordered to attend an orientation session relative to resolving the dispute through a mediation process, pursuant to the provisions of Pa.R.C.P. § 1940.3 and 23 Pa.C.S.A. § 3901(b). No orientation session shall take place if a party or a child of either party is or has been the subject of domestic violence or child abuse either during the pendency of the action or within twenty-four (24) months preceding the filing of the action, pursuant to Pa.R.C.P. § 1940.3(b), which shall be determined by the domestic violence answers on the Cover Sheet.
C. For internal control and monitoring, all motions and petitions in custody actions shall be filed with the Prothonotary, for submission to the Court Administrator. Motions requiring immediate action shall be brought directly to the Court Administrator.
D. The Mediator shall encourage and supervise the formulation of settlement agreements between the parties. In the event the parties agree to mediation, each party shall bear the cost equally, in accordance with procedures established by the Court. The mediation shall be conducted in accordance with the provisions of Pa.R.C.P. § 1940.1--1940.8.
E. In the event the parties reach an agreement, the Mediator shall, within fourteen (14) days, prepare a Memorandum of Understanding (MOU), pursuant to the provisions of Pa.R.C.P. § 1940(b). The Mediator shall then provide the parties, and/or their attorneys, the opportunity to meet with the Mediator to finalize the terms of the Memorandum of Understanding. In the event the parties, and/or their attorneys, agree that the MOU can be submitted to the Court, the Mediator will do so and an Order approving the MOU will be entered. In the event the parties, and/or their attorneys, desire to prepare a more formal Settlement Agreement, it must be submitted to the Mediator, signed by each of the parties, within fourteen (14) days of the final mediation session with the parties, and/or their attorney. The Mediator shall then submit the Settlement Agreement to the Court with a recommendation. If a Settlement Agreement is not submitted within fourteen (14) days as aforesaid, and neither of the parties, and/or their attorneys, have objected to the terms of the MOU, said MOU will be submitted by the Mediator to the Court, with a recommendation that it be approved and made an Order of the Court.
In the event the parties, and/or their attorneys, before holding the final mediation session as set forth above, either submit a signed Settlement Agreement, or agree to the terms of the MOU, and agree that it can be submitted to the Court for approval, then the Mediator shall determine whether or not a final mediation session need be held.
F. In the event no agreement is reached at the mediation, the Court shall appoint a Hearing Officer to conduct a hearing, which shall be recorded. The Hearing Officer shall file a Report and Recommendation and proposed Order with fifteen (15) days upon which the trial is concluded, unless extended by Court Order, for good cause shown. The Hearing Officer shall send a copy of the Report and Recommendation and proposed Order to each party or their counsel. If no Exceptions are filed within ten (10) days of the filing of the report, the Prothonotary shall transmit the file for Court approval.
G. Exceptions to the Hearing Officer's Report and Recommendation, and proposed Order, shall be in writing, and shall be filed with the Prothonotary, within ten (10) days of the date of the Hearing Officer's Report. Upon the filing of Exceptions, the Prothonotary shall schedule the matter for argument on the next available argument date. A copy of the Exceptions shall be delivered to the Hearing Officer, and opposing counsel. All costs associated with the filing of Exceptions, including transcription costs, shall be borne by the party filing same.
H. Upon certification from the Hearing Officer that the matter relates to Primary Custody and is outside the Hearing Officer's authority, pursuant to Pennsylvania Rule of Civil Procedure 1915.4-1A, a status conference in preparation for a De Novo Custody Trial, shall be scheduled before the Trial Judge within sixty (60) days of the receipt of the Hearing Officer's Report and Recommendation.
A Status Conference/Pre-Trial Memo, in the attached format, shall be submitted by each party to the Trial Judge, and opposing counsel, at least five (5) days prior to a scheduled status conference. The Status Conference Memo shall be for the exclusive use of the Trial Judge, and shall not be made part of the record.
[Pa.B. Doc. No. 06-1748. Filed for public inspection September 8, 2006, 9:00 a.m.]
