THE COURTS
Title 255—LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1989 CV 1793
[41 Pa.B. 14]
[Saturday, January 1, 2011]
Order And Now, this 16th day of December, 2010, Dauphin County Local Rules 1915.3, 1915.4-2 and 1915.15(c) are amended as follows and Dauphin County Local Rule 1930 is rescinded:
Rule 1915.3. Custody Actions.
(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 complaint or a divorce complaint that contains a custody count with the Prothonotary.
2. In addition to the filing fees assessed for the filing of complaints, an additional administrative fee in the amount of $110.00 shall be paid to the Prothonotary simultaneously with the filing of the custody complaint or the divorce complaint which contains a custody count.
3. 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.
(c) All parties in a contested custody case are strongly encouraged to attend the Seminar for Separated Families before attendance at the custody conference before a conference officer. To this end, when a custody complaint, petition for modification or petition for contempt are filed with the Prothonotary, all parties shall be provided with a copy of this rule and a pamphlet which provides information on the Seminar for Separated Families. If the filing party is represented, the attorney shall provide this information to his/her client and to all opposing parties. If the filing party is not represented, the conference officer shall provide this information to all parties.
Rule 1915.4-2. Custody Conference Officers.
(a) Custody Conference Officers shall be appointed by the Court to:
1. meet with the parties and counsel in a custody action to try to work out an agreed custody arrangement;
2. recommend the appointment of counsel for the child(ren) in appropriate situations;
3. recommend the utilization of home studies and/or expert witnesses in appropriate situations;
4. prepare agreed interim or final orders for review by the Court.
(b) The compensation of Custody Conference Officers shall be set by order of court.
(c) 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.
(d) To facilitate the conference process and encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses, shall not be admissible as evidence in a custody hearing before the court. The 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) 1. 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 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.
2. All parties are required to attend the Seminar for Separated Families (Seminar) if an agreement is not reached at the custody conference. At the conclusion of the conference, the Custody Conference Officer will serve the parties with the date and time they are scheduled to attend the Seminar.
3. All parties must attend the Seminar prior to the hearing before a judge. Any request for an extension of time within which to attend the Seminar shall be made to the assigned judge in a motion filed with the Prothonotary. The fee for the Seminar shall be determined by the provider and must be paid prior to the Seminar. Payment shall be made by certified check, money order or cash. No personal checks will be accepted. No hearing or trial shall be delayed because of the failure of a party to attend the Seminar.
Rule 1915.15(c). Cover Sheet to Custody Complaint, Petition for Modification or Petition for Contempt.
In addition to the information required by Pa.R.C.P. 1915.15(a) or 1915.15(b), each Complaint, Petition for Modification or Petition for Contempt relating to child custody or visitation shall contain a cover sheet 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 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.
[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).]
The Court strongly recommends that all parties immediately attend the Seminar for Separated Families presented by Interworks which provides helpful information on communication concerning the child(ren) despite disagreements of the parties on those and other topics. Call Interworks to schedule attendance at (717) 236-6630. If resolution is not reached at the custody conference, the Court will order the parties to attend the Seminar.
FOR THE COURT:
Date: ______ By _________________
Custody Conference OfficerYOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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.
Rule 1930. Seminar for Separating Parents in Contested Custody Matters.
Rescinded
Note: See Rules 1915.3 and 1915.4-2 for information about the seminar for separated families.
These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
TODD A. HOOVER,
President Judge
[Pa.B. Doc. No. 11-3. Filed for public inspection December 30, 2010, 9:00 a.m.]
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