THE COURTS
Title 255--LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 CV 1989
[35 Pa.B. 736]
Order And Now, this 6th day of January 2005, Dauphin County Local Rules of Civil Procedure are promulgated and amended as follows:
Rule 1915. Actions for Custody, Partial Custody, and Visitation of Minor Children
Rule 1915.1. Scope [Definitions]
(a) These rules shall govern all actions for custody, partial custody, and visitation, including original actions, modification petitions [to modify decrees], [contempts] contempt petitions, and registration of foreign decrees. The rules shall be interpreted as supplementing the Rules of Civil Procedure governing custody actions, Pa.R.C.P. 1915.1 et seq.
(b) If a claim for custody, partial custody or visitation is raised during the course of an action for support, a party shall file a separate action for custody, partial custody or visitation with the Prothonotary.
Rule 1915.3. Custody Actions [Commencement of Action. Complaint, Order]
(a) Commencement of Custody Actions
1. A custody action shall be commenced by the filing of an original and one copy of either a custody [The] complaint or a divorce complaint that contains a custody count [shall be filed] with he Prothonotary.
2. [(a)] In addition to the filing fees assessed for the filing of [Complaints] complaint, an additional administrative fee in the amount of $110.00 shall be paid to the Prothonotary simultaneously with the filing of the custody [Complaint] complaint or the divorce complaint which contains a custody count.
[b An administrative fee of $110.00 shall be paid to the Prothonotary simultaneously with the filing of any subsequent petition for relief (such as, but not limited to, a petition for modification or contempt).]
3. [If a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary. Thereafter, when either party desires a hearing on the custody issue, he/she may request a time and date for hearing by the filing of a simple Motion. At such time as a hearing is requested under this section, the administrative fee must accompany the Motion.] The Prothonotary shall forward the original custody complaint or divorce complaint which contains a custody count to the Court Administrator's Office for assignment to a Custody Conference Officer.
4. The Custody Conference Officer shall set the date, time and place of the conference and file a scheduling order with the Prothonotary.
5. Plaintiff(s) shall serve the complaint and the scheduling order upon Defendant(s) promptly in accordance with the applicable Rules of Civil Procedure and shall thereafter file an appropriate certificate of service with the Prothonotary before the date of the scheduled conference.
(b) Subsequent actions (petitions for modification or contempt)
1. An original and one copy of the petition for modification of a custody order or a petition for contempt of a custody order shall be filed with the Prothonotary.
2. An administrative fee of $110.00 shall be paid to the Prothonotary simultaneously with the filing of either the petition for modification of a custody order or a petition for contempt of a custody order.
3. The Prothonotary shall forward the original petition for modification of a custody order or petition for contempt of a custody order to the Court Administrator's Office for assignment to a Custody Conference Officer.
4. The Custody Conference Officer shall set the date, time and place of the conference and file a scheduling order with the Prothonotary.
5. The Petitioner shall serve the petition for modification or contempt and the scheduling order upon the Respondent promptly in accordance with the applicable Rules of Civil Procedure and shall thereafter file an appropriate Certificate of Service with the Prothonotary before the date of the scheduled conference.
6. A copy of the most recent custody order shall be attached to the petition for modification or contempt.
Rule 1915.4-2 [1915.3A] Custody Conference Officers [Mediation Alternative Hearing Procedures]
(a) [1. The Court shall appoint as a Conference Officer(s) a member(s) of our Bar or other appropriate person, as an official of the Court,] Custody Conference Officers shall be appointed by the Court to:
1. [a. Mediate custody cases filed with the Court] meet with the parties and counsel in a custody action to try to work out an agreed custody arrangement;
2. [b. Recommend] recommend the appointment of counsel for the [child] children in appropriate situations;
3. [c. Recommend] recommend the utilization of home studies and/or expert witnesses in appropriate situations;
4. [d. Prepare] prepare agreed interim or final orders for [presentation to] review by the Court.
(b) [(2)] The compensation of Custody Conference Officers shall be set by order of court. [All custody matters not specifically reserved to the Court shall be promptly scheduled for a conference before the Conference Officer. All parties and any child age five (5) or older for whom custody or visitation is sought shall be present at the location of such conference. Failure of a party to appear at the conference may provide grounds for the entry of temporary or permanent orders.]
(c) [(3)] If the parties are able to reach an agreement during the custody conference, the Custody Conference Officer shall prepare a proposed order memorializing the agreement. The proposed order shall be submitted to the judge assigned to handle custody matters for review. The proposed order shall not contain any reference to child support. If approved, the order shall be filed with the Prothonotary and copies shall be distributed to all parties. [At the conference, or as soon thereafter as possible, each party shall provide the Conference Officer and each other with the following information, insofar as it is then available:
(a) A list of all fact witnesses;
(b) A list of all expert witnesses;
(c) Issues for resolution;
(d) Estimated length of trial;
(e) All reports from appropriate agencies; and
(f) Report of experts intended to be called as witnesses.
Such information shall be updated, as appropriate, any time up to commencement of trial. Failure to produce the information requested hereunder prior to trial, for the Conference Officer or the Court, may be grounds for excluding the evidence or witnesses at trial.]
(d) [4.] To facilitate the [mediation] conference process and encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses, shall not be admissible as evidence in a custody hearing before the court. The [custody] Custody Conference Officer shall not be a witness for or against any party in a custody hearing before the court or in any other proceeding whatsoever.
(e) [5. At the conclusion of the conference where the case remains contested the Conference Officer shall prepare a Conference Summary Report.] If the parties are unable to reach an agreement during the custody conference, the Custody Conference Officer shall prepare a Conference Summary Report. The Conference Summary Report [This report] shall contain facts gathered by the Custody Conference Officer during the conference and outline the issues for resolution by the Court. The Conference Summary Report shall be filed with the Prothonotary and copies shall be distributed to all parties. The Prothonotary shall forward the Conference Summary Report to the Court Administrator's Office and the case will be assigned to a judge. [This report shall become a part of the Court record and upon being submitted to the Court shall also be copied to the parties.]
1915.3B Custody Mediation--Procedure
Rescinded
1915.3C Custody Mediation--Post Conference Procedure
Rescinded
1915.5 Question of Jurisdiction or Venue. No Responsive Pleading Required. Counterclaim
(a) [If a question of jurisdiction or venue is raised prior to the Mediation Conference, such objections shall be referred by the Conference Officer to the Court for disposition. No other pleading need be filed to a claim for custody or visitation.] An original and one copy of Preliminary Objections raising a question of jurisdiction or venue shall be filed with the Prothonotary. Preliminary Objections to the existence or exercise of jurisdiction or venue in any custody action shall be assigned to the judge who is assigned to oversee custody matters or to the judge who has handled the case on a previous assignment.
(b) Counterclaims or cross-claims shall, where possible, be filed prior to the [Mediation Conference] conference.
(c) Rescinded
1915.7 Agreements and Consent Orders
(a) Agreements and consent orders filed contemporaneously with the custody complaint:
1. When a custody agreement has been reached prior to the filing of the custody complaint, either party shall file with the Prothonotary the original signed custody agreement simultaneously with the original and one copy of the custody complaint.
2. The custody agreement shall be signed by all parties and the signatures shall be witnessed.
3. The custody agreement shall contain a proposed order of court.
4. An administrative fee of $110.00 shall be paid to the Prothonotary in accordance with Rule 1915.3 (a) or (b).
5. The Prothonotary shall forward the original custody complaint and the signed and witnessed custody agreement to the Court Administrator's Office for review and assignment to the judge assigned to oversee custody matters.
6. Agreements shall not contain any provision relating to child support.
(b) Agreements and consent orders to modify existing custody orders:
1. When the parties agree to modify an existing custody order, the original agreement and consent order shall be filed with the Prothonotary. A petition for modification of a custody order should not be filed. There shall be no administrative fee paid to the Prothonotary for the modification of an existing custody order when no petition for modification of a custody order has been filed.
2. The custody agreement shall be signed by all parties and the signatures shall be witnessed.
3. The custody agreement shall contain a proposed order of court.
4. The Prothonotary shall forward the original signed and witnessed custody agreement to the Court Administrator's Office for review and assignment to the judge assigned to oversee custody matters.
5. Agreements shall not contain any provision relating to child support.
(c) Agreements reached after the complaint or petition for modification of a custody order is assigned to a Custody Conference Officer:
1. If at any time prior to the Custody Conference the parties are able to agree upon custody or visitation, the parties shall [may] submit a proposed agreement and consent order to the Custody Conference Officer for disposition in conjunction with these rules[,with written consents attached thereto signed by the parties and their counsel, if any]. The custody agreement shall be signed by all parties and the signatures shall be witnessed.
2. The Custody Conference Officer shall submit the proposed agreement and consent order to the judge assigned to oversee custody matters.
(d) Agreements reached after a custody matter has been assigned to a judge:
1. If at any time prior to a conference or hearing before the assigned judge an agreement is reached regarding custody or visitation, the parties shall submit a proposed agreement and consent order to the assigned judge. The agreement shall be signed by all parties and the signatures shall be witnessed. Upon presentation of [a] the agreement and consent order, the Court may, in its discretion, enter an order without taking testimony [thereon].
[3] 2. The parties or children need not be present at a scheduled conference or hearing before a judge when an agreement has been reached prior to the conference or hearing unless the Court so directs.
1915.12 Contempt
Rescinded
Rule 1915.13 Applications for Special Relief (Emergency Petitions for Custody)
a. An original and one copy of the application for special relief shall be filed with the Prothonotary simultaneously with the custody complaint or petition for modification or contempt of a custody order.
b. The attorney or pro se party shall promptly notify the Deputy Civil Court Administrator's Office by telephone as soon as it is determined that an application for special relief will be filed and shall give the Deputy Civil Court Administrator's Office a realistic estimate of the date and time of the intended filing.
c. The application for special relief shall state, in detail, the facts alleged to warrant the special relief.
d. The application for special relief shall be served on all parties.
e. An administrative fee of $110.00 shall be paid to the Prothonotary in accordance with Rule 1915.3 (a) or 1915.3 (b). The filing party need only pay the administrative fee associated with the custody complaint or petition for modification or contempt. There shall be no additional administrative fee associated with the filing of the application for special relief.
f. The Prothonotary shall forward both the original custody complaint or petition for modification or contempt of the custody order and the application for special relief to the Court Administrator's Office. The custody complaint or the petition for modification or contempt of the custody order shall be assigned to a Custody Conference Officer. The application for special relief shall be assigned to the judge who is assigned to handle emergency custody matters or to the judge who has handled the case on a previous assignment.
Rule 1915.15(c) Cover Sheet to Custody Complaint, Petition for Modification or Petition for Contempt [Form of Complaint]
In addition to the information required by Pa.R.C.P. 1915.15(a) or 1915.15(b), each Ccomplaint, Petition for Modification or Petition for Contempt [or Motion for Hearing] relating to child custody or visitation shall contain a [second] cover sheet [substantially] in the following format:
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION : CUSTODY/VISITATION : Defendant : NO.
ORDER OF COURT AND NOW, upon consideration of the attached Complaint, Petition for Modification or Petition for Contempt of a Custody Order, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, on the ______ day of ______ , ______ , Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania for a [at a Pre-Hearing] Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Children should not attend the conference unless requested by the Custody Conference Officer. [All children age five or older shall also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order.]
If the Defendant or Respondent should fail to appear at the custody conference, the conference may proceed in accordance with Pa.R.C.P. 1915.4-2 (b).
FOR THE COURT:
Date ______ By __________Custody Conference Officer
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]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin 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 the Court Administrator's Office at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference.
These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
JOSEPH H. KLEINFELTER,
President Judge
[Pa.B. Doc. No. 05-233. Filed for public inspection February 4, 2005, 9:00 a.m.]
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