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PA Bulletin, Doc. No. 13-2364

THE COURTS

Title 255—LOCAL
COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[43 Pa.B. 7428]
[Saturday, December 21, 2013]

Order

 And Now, this 4th day of December 2013, Dauphin County Local Rules of Civil Procedure 1915, 1915.1, 1915.7 and 1915.15(c) are amended as follows:

Rule 1915. Actions for Legal and Physical Custody[, Partial Custody,] of Minor Children.

Rule 1915.1. Scope.

 (a) These rules shall govern all actions for legal and physical custody[, partial custody, and visitation], including original actions, modification petitions, 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 legal and physical custody[, partial custody, or visitation] is raised during the course of an action for support, a party shall file a separate action for legal and physical custody, [partial custody, shared custody or supervised custody or visitation] with the Prothonotary.

Rule 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 or notarized.

 3. The custody agreement shall contain a proposed order of court with a distribution legend.

 4. An administrative fee of $150.00 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.

 7. Agreements shall contain a paragraph regarding the parties' responsibilities if one party seeks permission to relocate when such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights. The agreement shall contain the language and exhibit used by the Court and this may be obtained from the Court Administrator's Office.

 (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 or notarized.

 3. The custody agreement shall contain a proposed order of court with a distribution legend.

 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.

 6. Agreements shall contain a paragraph regarding the parties' responsibilities if one party seeks permission to relocate when such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights. The agreement shall contain the language and exhibit used by the Court and this may be obtained from the Court Administrator's Office.

 (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 [submit a proposed agreement and consent order to the Custody Conference Officer for disposition in conjunction with these rules.] file with the Prothonotary the proposed custody agreement. The custody agreement shall be signed by all parties and the signatures shall be witnessed or notarized. The custody agreement shall contain a proposed order of court with a distribution legend.

 2. [The Custody Conference Officer shall submit the proposed agreement and consent order to the judge assigned to oversee custody matters.] 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.

 3. Agreements shall not contain any provision relating to child support.

 4. Agreements shall contain a paragraph regarding the parties' responsibilities if one party seeks permission to relocate when such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights. The agreement shall contain the language and exhibit used by the Court and this may be obtained from the Court Administrator's Office.

 (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] file with the Prothonotary the proposed agreement and consent order [to the assigned judge] with a distribution legend. The agreement shall be signed by all parties and the signatures shall be witnessed or notarized. Agreements shall not contain any provision relating to child support. The Prothonotary shall forward the original signed and witnessed custody agreement to Court Administrators Office for delivery to the assigned judge. Upon presentation of the agreement and consent order, the Court may, in its discretion, enter an order without taking testimony.

 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.

 3. Agreements shall contain a paragraph regarding the parties' responsibilities if one party seeks permission to relocate when such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights. The agreement shall contain the language and exhibit used by the Court and this may be obtained from the Court Administrator's Office.

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

 You, _________________ , have been sued in court to obtain [  ] shared legal custody, [  ] sole legal custody, [  ] partial physical custody, [  ] primary physical custody, [  ] shared physical custody, [  ] sole physical custody, [  ] supervised physical custody of the following child(ren):
_________________ .

 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,] 3rd Floor, 101 Market Street, 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.

 You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with the conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition. This is filed in the Prothonotary's Office at the Dauphin County Courthouse, 101 Market Street, Harrisburg, PA.

 No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.C.P. no. 1915.17 regarding relocation.

 The Court strongly recommends that all parties immediately attend the Seminar for Families in Conflict 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 Officer

 YOU 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.

 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. 13-2364. Filed for public inspection December 20, 2013, 9:00 a.m.]


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