THE COURTS
FRANKLIN AND FULTON COUNTIES
Amendment of Local Civil Action Rule 19
[33 Pa.B. 2272]
Order of Court April 23, 2003, Civil Action Rule 39-1915.3 is hereby amended as follows. This amendment is adopted for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, both the Franklin and Fulton County Branches, and will be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN R. WALKER,
President JudgeRule 39-1915.3. Commencement of Action. Complaint. Order.
(a) Commencement of Action.
(1) Filing and Service Generally. All Complaints and/or Petitions to Modify relating to custody of minor children shall be presented to the Court Administrator for assignment, after filing, in accordance with these rules. Filing shall be accompanied by the payment of the designated filing and administration fees. After the signing of a Temporary Order, the Order shall be filed in the Office of the Prothonotary and the Complaint and Order served in accordance with the Pennsylvania Rules of Civil Procedure governing the service of Custody Complaints.
(2) Contents of Complaint. The Complaint shall specifically designate the relief sought by the party who filed the pleading and shall include specific terms of legal custody, physical custody, partial custody or visitation sought by the Moving Party as well as the factual basis therefore. In addition to those averments required by the Pennsylvania Rules of Civil Procedure governing actions relating to Custody, the Complaint shall also contain (1) an averment as to the Moving Party's knowledge of the Non-Moving Party's representation or non-representation by counsel and, if represented, an averment as to the Non-Moving Party's counsel's name; (2) an averment as to the form and time and manner of furnishing a copy of the Complaint to the Non-Moving party and whether it was furnished directly to the named Non-Moving party or to legal counsel; and (3) if a Temporary Order is requested, the Proposed Temporary Order shall be stated as a paragraph in the complaint.
(3) Time for Furnishing a Copy of the Complaint and Proposed Order to the Non-Moving Party; Record Proof. When a Non-Moving Party is represented, a true, attested copy of the Complaint and Proposed Order shall be furnished to the Non-Moving Party's counsel not less than forty-eight (48) hours prior to its anticipated presentation to the Court. In the case of an unrepresented Non-Moving Party, a true, attested copy of the Complaint and Proposed Order shall be furnished directly to the Non-Moving Party not later than forty-eight (48) hours prior to its anticipated presentation to the Court; or it shall be furnished to the Non-Moving Party by regular First Class U.S. mail not later than the end of business five (5) actual days preceding the date of its anticipated presentation. The Moving Party shall allege in his/her Complaint the form and manner of providing service to the Non-Moving Party and whether said service was made directly to the named Non-Moving Party or to named legal counsel.
(4) Scheduling Presentations; Pleadings Delivered to Court Administrator. To facilitate the proper giving of notice of the presentation of Custody Complaints, the Court Administrator shall establish a regular time each week for the presentation of Custody Complaints and the entry of Orders establishing temporary custody arrangements pending a full hearing. Counsel may obtain the specific time for presentation of Complaints from the Court Administrator's Office and shall deliver a copy of the filed Complaint to the Court Administrator a minimum of five (5) days in advance of the scheduled time of any planned presentations of Custody Complaints and Proposed Orders of Court.
(5) Formal Presentation to the Court Not Necessary. Certain Complaints and Petitions may be presented in the same manner and at the same times as all other petitions and need not be presented in open Court at the time assigned for presentation of Custody Complaints and Petitions in these cases:
a. When the Proposed Temporary Order and Directive for Conciliation makes no provision at all for interim custody of the child or children.
b. When the Proposed Temporary Order and Directive for Conciliation simply maintains the status quo as evidenced by a prior Court Order, a copy of which must be attached to the Complaint or Petition.
c. When all parties have stipulated in writing to the entry of a Temporary Order and Directive for Conciliation, without respect to whether any party is represented by counsel. However, if counsel represents any party, they shall be so identified by name, and counsel's signature shall be required on the Stipulation.
(b) Reference to Conciliator.
(1) Assignment--The Court Administrator shall assign all child custody actions to a Conciliator designated by the Court, who shall conduct a Conciliation Conference with both legal counsel and the parties. Further, the Court Administrator shall assign the Conciliator, date, time and place for the Conciliation Conference after the Order has been signed by the Court. The Order of Court and directive for Conciliation shall be in a form similar to Sample Form ''A.'' A copy of the signed Order shall be deposited with the Court Administrator. (See Sample Form ''A'')
(2) Conciliator--The Conciliator shall be a member of the Bar of this Court who, along with any other members of his/her professional practice, shall not be engaged in the practice of law in the field of Domestic Relations. The Conciliator shall not be subject to the subpoena power of this Court to force testimony regarding information revealed during the Conciliation Conference.
(3) Service--Counsel for the Moving Party shall serve a copy of the Complaint and Order for Conciliation upon the Non-Moving Party in accordance with the Pennsylvania Rules of Court. The Court Administrator shall notify the Conciliator of the list of cases scheduled for conciliation and shall provide a copy of the Complaint and Order to the Conciliator.
(4) Administrative Fee--The Moving Party shall deposit a nonrefundable administrative fee of $200.00 with the Office of the Prothonotary upon the filing of the Complaint. The Conciliator shall be compensated at the rate of $200.00 for each custody conciliation scheduled. Each conference is expected to last one (1) hour. In the event the Conciliation lasts more than one hour, the Conciliator may petition the Court for additional compensation at the rate of $100.00 per hour. This additional fee shall be added to the cost of the action and shall be collected by the Prothonotary as directed by the Court. The fee may be changed from time to time upon direction from the Court without the necessity for amending these Rules. The Prothonotary shall post the administrative fee for such filings in its office. The fee shall be paid to the Conciliator by the Prothonotary upon receipt of the conciliator's billing statement.
In the event the Moving Party is unable to pay the administrative fee, such party may apply for an Order to Proceed In Forma Pauperis. If the Court authorized In Forma Pauperis status, the administrative fee shall be paid by the County of Franklin.
In the event a party files a request for an additional Conciliation, the party shall pay an additional administrative fee for such Conciliation Conference which must be paid prior to the scheduling of an additional Conciliation Conference.
(5) Authority of Conciliator--The Conciliator shall have the following authority and responsibility:
a. To conciliate custody cases which specifically includes meeting with the parties and children, if appropriate. If a party desires the children to be present at the Conciliation Conference, he/she shall make said request of the Conciliator no later than seven days prior to the scheduled conference. The Conciliator shall determine the appropriateness of the request on a case-by-case factual basis after consultation with counsel for both parties or with a pro se party;
b. To address the need for home studies, as appropriate;
c. To address the issue of utilization of expert witnesses, as appropriate; and
d. To recommend a resolution of the custody conflict which recommendation shall be included in the Summary Report and submitted to the Court for further action.
If the parties are not able to agree upon the need for home studies and/or the need for any other expert witness, either party may petition the Court pursuant to Pa.R.C.P. 1915.8 for the appointment of an expert and the payment of his or her fees.
(6) Memorandum by Parties--At least two (2) days prior to the scheduled Conciliation Conference, the Conciliator and counsel for the opposing party, or the pro se party individually, shall receive a Memorandum addressing the following:
a. Factual background including a brief history of the case.
b. Names and ages of the children.
c. A Proposed Order for resolution of matters.
d. Issues, both factual and legal, for resolution.
e. Whether a home study is requested.
f. Whether the party will agree to a particular psychologist/psychiatrist for evaluation or request psychological evaluations.
The parties are directed to supplement the Memorandum from time to time if new information becomes available prior to conciliation.
(7) Summary by Conciliator--Following the conclusion of each conference and within three (3) business days, the Conciliator shall prepare a Summary Report together with a Proposed Order of Court for signature. In the event the parties are unable to reach an agreement at the Conciliation Conference, the Proposed Order of Court shall address only the need for home studies and the need for psychological evaluations. In the event the parties reach an agreement at the Conciliation Conference, the Proposed Order of Court shall reflect the terms of the agreement and shall be submitted to the Court for entry of a Final Order in the matter. Said Report and Proposed Order shall be submitted in its original form along with two (2) copies to the Prothonotary's Office for forwarding to the Court for its approval. Said Order of Court shall specifically designate the names of the parties and their addresses or in lieu thereof, the names and addresses of the parties' legal counsel, to which the conformed copies of the Order of Court shall be forwarded by the Prothonotary's Office.
If no final agreement has been achieved, a Summary Report and Proposed Order shall be submitted to the Court and filed of record. The Summary Report shall include the following:
a. Custody status at the time of conciliation;
b. Summary of the parties' positions;
c. Identification of legal and factual issues before the Court; and
d. Conciliator's recommendation and the reasons therefore.
Copies of the Summary Report and Order of Court shall be provided to the parties and their legal counsel.
(c) Entry of Court Order.
Upon review of the conciliator's Summary, the Court may issue an Order addressing the appropriate issues. A copy of said Order of Court shall be furnished to legal counsel for the parties or in the event a party is unrepresented, to the party directly, according to the procedures outlined in 39-1915.3(b)(7).
(d) Scheduling of Pre-Trial Conferences and Hearings.
Upon the completion of home studies and psychological evaluations (if applicable) and at any time after the entry of the Order of Court approving the Conciliator's Summary, either party may present a Motion and Proposed Order for scheduling a Pre-Trial Conference with the Court. (See Sample Form ''B'') Every effort shall be made by the Court Administrator to schedule a Pre-Trial Conference within thirty (30) days of the submission of a Motion by either party requesting said conference taking into consideration the availability of the Court. Each party's presentation at the Pre-Trial Conference shall not exceed a time limit of fifteen (15) minutes. At least two (2) days prior to the scheduled Pre-Trial Conference, a Pre-Trial Memorandum containing the following matters shall be filed of record:
a. Statement of the case.
b. Issues to be resolved.
c. Stipulated issues and facts.
d. Names and addresses of all factual witnesses, and a brief summary concerning the anticipated testimony of each listed witness and a certification by counsel that all witnesses listed have been directly contacted by counsel or by pro se party to confirm the substance of the testimony proffered.
e. Names and addresses of all expert witnesses.
f. Identification of exhibits for trial.
g. Expected length of trial.
Failure to produce the information set forth in this Rule may be grounds for imposition of sanctions upon legal counsel or the party directly if appearing pro se.
At the scheduled Pre-Trial Conference, both counsel shall be present and the parties shall be personally present. In the event that neither legal counsel nor a party appears, the Pre-Trial Conference shall be held in that party's absence upon proof of service of the Order of Court for Pre-Trial Conference in accordance with the Pennsylvania Rules of Civil Procedure. Although the Court may not discuss the case with represented parties, they are directed to be present in the event issues arise where the parties' input may be beneficial.
In the event that an agreement is not reached at the Pre-Trial Conference, a hearing date shall be established by the Court Administrator at the conclusion of said conference.
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-- FRANKLIN/FULTON COUNTY BRANCH
, : Civil Action--Law Plaintiff : : vs. : No. F.R. : , : Custody Defendant :
ORDER OF COURT AND DIRECTIVE FOR CONCILIATION Now this ____ day of ____ , 20 ____ , This order will notify ____ , Defendant, that you have been sued in court to obtain custody of the child(ren): ____ date of birth ____ , ____ date of birth ____ .
It is ordered and directed that ____ , Esquire, the Court's child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on ____ , 20 ____ , at the Assigned Room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(b)(8). Failure to provide said Memorandum may result in the imposition of sanctions.
At the Conciliation Conference, an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court.
You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney.
The Plaintiff has deposited the nonrefundable sum of $200.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs.
SAMPLE FORM ''A'' ____ , Defendant, is notified that if you fail to appear as provided by this Order, an Order of Court for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.
Pending the hearing, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following Temporary Order for custody pending a hearing; (the appropriate language should be inserted at this point detailing the custody arrangements sought by the Plaintiff keeping in mind the emphasis to be placed upon the prior six (6) months and the role of a primary caretaker.) (It is suggested one (1) inch of blank space be left for judge's comments or changes to the proposed Order)
Defendant is hereby notified that if (s)he disputes the Plaintiff's averments regarding the current status of the custody arrangements and this Order entered on the basis of those averments, (s)he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the conference, the Court may in atypical factual situations and its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the schedule Conciliation Conference.
The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Bar Association
Lawyer Referral Service
1-800-692-7375 (PA only) or 1-717-238-6715
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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.
BY THE COURT,
__________J.
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA--FRANKLIN/FULTON
COUNTY BRANCH
, : Civil Action--Law Plaintiff : : vs. : No. F.R. , : Defendant : Custody
ORDER OF COURT FOR PRE-TRIAL CONFERENCE AND NOW, this ____ day of ____ , 20 __ , upon consideration of the within Motion,
IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for ____ at ____ o'clock __ .m. in the Chambers of the Honorable ____ , Franklin County Courthouse, Chambersburg, Pennsylvania.
A Pre-Trial Memorandum shall be furnished to the Court at least two (2) days prior to the scheduled Pre-Trial Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(d). Failure to provide said Pre-Trial Memorandum may be grounds for imposition of sanctions.
Failure of a party or legal counsel to appear upon proper notice shall result in the holding of the conference in absentia and the entry of an Order of Court that may be to the detriment of the absent party.
BY THE COURT,
__________
J.
SAMPLE FORM ''B''
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA--FRANKLIN/FULTON COUNTY BRANCH
, : Civil Action--Law Plaintiff : : vs. : No. F.R. , : Defendant : Custody
MOTION FOR SCHEDULING OF A PRE-TRIAL CONFERENCE AND NOW comes ____ , Esquire, legal counsel for the above-captioned (Plaintiff/Defendant) and moves the Court as follows:
1. A Conciliation Conference in the above-captioned matter was held on ____ .
2. A Summary Report and Proposed Order of Court was prepared by the Conciliator and filed or record on
____ .3. An Order of Court was signed on ____ containing further directives in this matter.
4. The undersigned legal counsel hereby certifies that all court-ordered directives have been complied with and the matter is now ready for a hearing.
5. Notification of this Motion has been given to ____ , Esquire, attorney for (Plaintiff/Defendant) who (concurs with/opposes) the request.
WHEREFORE, it is respectfully requested that an Order be entered by the Court establishing a date and time for a Pre-Trial Conference.
Date: By __________
(Signature, Esquire
Counsel for (Plaintiff/Defendant)I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: __________
[Pa.B. Doc. No. 03-870. Filed for public inspection May 9, 2003, 9:00 a.m.]
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