THE COURTS
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[44 Pa.B. 7355]
[Saturday, November 22, 2014]
Order And Now, this 5th day of November 2014, Dauphin County Local Rules of Civil Procedure 1012, 1915.3, 1915.4-2, 1915.15(c), 1920 and 1920.1 are amended as follows and Dauphin County Local Rules of Civil Procedure 1910.11, 1910.11.1, 1915.17, 1915.3.1, 1915.3.2, 1915.4-4, 1930, 1930.8 and 1931 are promulgated as follows:
Rule 1012. Self-Represented Party Entry of Appearance—Nonfamily Law Civil Actions.
1. [All] Each self-represented [parties] party in all civil actions other than family law matters shall [enter] file a written [which provides an address where service of pleadings and other legal papers may be made. This address does not have to be a home address. The written appearance shall also provide a telephone number where the party may be contacted. A facsimile number may also be provided in accordance with Pa.R.C.P. No. 440(d).] Self Represented Party Entry of Appearance in accordance with Pa.R.C.P. 1012. (For family law matters, see Local Rule 1930.8). A [appearance] Self Represented Party Entry of Appearance form [shall be made] is available in the Prothonotary's Office and [on the Court's website at www.dauphincounty.org] at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
2. Each self-represented [parties] party shall be under a continuing obligation to file [praecipe] an amended Self-Represented Party Entry of Appearance with the Prothonotary's Office updating the self-represented party's contact information immediately upon any change [in the address, telephone number or other contact information for that party].
3. [All] Each self-represented party shall provide a copy of [entry of appearance form and any updates to his/her contact information] his or her Self Represented Party Entry of Appearance and any updates to all other parties and attorneys of record immediately upon [the] filing [of such matters].
4. The assertion of self-representation shall not delay any stage of the [proceedings] proceeding, absent good cause shown.
5. The Self-Represented Party Entry of Appearance under this rule shall be substantially in the following form:
______ IN THE COURT OF COMMON PLEAS PLAINTIFF DAUPHIN COUNTY, PENNSYLVANIA vs.
NO. _________________ ______ DEFENDANT
SELF-REPRESENTED PARTY ENTRY OF APPEARANCE 1. I am the [ ] Plaintiff [ ] Defendant in the above-captioned case and have chosen to represent myself.
2. My address for the purpose of this case and for serving me with all future pleadings and other legal notices is: _________________ . I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I know of important deadlines or scheduled proceedings.
3. My telephone number where I can be reached during normal business hours (8:00 a.m.—4:30 p.m. Monday—Friday) is _________________ . My Email is _________________ .
4. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES.
5. I certify that I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: (Use reverse side if you need more space)
Name ______ Address __________
Name ______ Address __________
Name ______ Address __________
Name ______ Address __________
6. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities.
I verify that the statements made in this Entry of Appearance as a Self-Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities which could result in a fine and/or prison term.
______ __________Date Signature (Your Signature)
(Editor's Note: Rules 1910.11 and 1910.11.1 are new and printed in regular type to enhance readability.)
Rule 1910.11. Domestic Relations Cases—Demand for Hearing De Novo Before the Court.
1. A Demand for Hearing De Novo before the Court, in accordance with Pa.R.C.P. 1910.11, shall be filed in the Domestic Relations Office accompanied by a filing fee of $15.00.
2. A Demand for Hearing shall be substantially in the form set forth below and shall be accompanied by the following:
a. Prior Court Involvement Statement in accordance with Local Rule 1931. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
b. Seminar Attendance Order, in the form set forth below in accordance with Local Rule 1930. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
c. Self-Represented Party Entry of Appearance in accordance with Local Rule 1930.8 if the party filing the Demand for Hearing De Novo is not represented by counsel. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
3. The Domestic Relations Office shall obtain from the Court Administrator's Office the dates to insert in the Seminar Attendance Order and prepare an Order For Court Hearing.
4. The Domestic Relations Office will mail the Seminar Attendance and Hearing Orders to all parties.
5. All Demands for Hearing De Novo shall be substantially in the following form. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : PACSES CASE NUMBER : Defendant : DOCKET NO.
DEMAND FOR HEARING DE NOVO
BEFORE THE COURT1. I ______ am appealing the Order Print Name
issued following my Domestic Relations Conference in the above-captioned case and demand a Hearing De Novo before the Court regarding the following:Date of order: _____
Monthly Amount of Support Order $ ____ . ______
2. The reason(s) for my Demand for Hearing De Novo is/are as follows:
3. I have attached:
(a) Filing Fee of $15.00.
(b) Prior Court Involvement Statement (form available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center).
(c) Seminar Attendance Order (form available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center).
(d) Self-Represented Party Entry of Appearance (form available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center).
4. I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: (Use reverse side if you need more space)
Name ______ Address __________
Name ______ Address __________
Signature of person requesting the Hearing or their attorney:
Print Name: ______ Date: ______
Rule 1910.11.1.
The Seminar Attendance Order shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : PACSES CASE NUMBER: : Defendant : DOCKET NO.
SEMINAR ATTENDANCE ORDER All parties are ORDERED to attend a four hour educational parenting seminar (Seminar) and file the Certificate of Attendance you will receive at the Seminar at the Domestic Relations Office prior to your hearing before the Court.
The Plaintiff shall attend on ______ at _____ o'clock and the Defendant shall attend on ______ at _____ o'clock. Any requests for rescheduling must be directed to the Provider and will be granted only upon cause shown. (See attached Provider brochure for additional information).
You MUST attend and complete the Seminar prior to your Hearing before the Court.
Failure to attend and complete the Seminar may be considered as Contempt of Court punishable by fine and other appropriate sanctions including up to six (6) months incarceration.
BY THE COURT:
DATE: ______ _________________
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 or Counterclaim that contains a custody count with the Prothonotary in accordance with Pa.R.C.P. 1915.3.
2. In addition to the filing fees assessed for the filing of complaints, an additional administrative fee in the amount of $150.00 shall be paid to the Prothonotary simultaneously with the filing of the Custody action. [Complaint or the Divorce complaint which contains a custody count.]
(b) A Custody Action shall include the following attachments:
1. A Seminar Attendance and Custody Conference Scheduling Order in accordance with Local Rule 1915.15(c).
2. Prior Court Involvement Statement in accordance with Local Rule 1931. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
3. A Criminal or Abuse History Verification in accordance with Pa.R.C.P. 1915.3-2. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
4. A Proposed Parenting Plan in accordance with 23 Pa.C.S.A. § 5331. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
5. Self-Represented Party Entry of Appearance, if not represented by legal counsel, in accordance with Local Rule 1930.8. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
(c) The Prothonotary shall promptly forward the original Custody [Complaint or Divorce Complaint which contains a custody count] action with the attachments listed above to the Court Administrator's Office for assignment to a Custody Conference Officer and scheduling of the Seminar.
(d) [the] The Court Administrator's Office will contact a Custody Conference Officer [shall set] to establish the date, time and [place] location of the [and file a scheduling order with the Prothonotary] Custody Conference which will generally be scheduled after the dates for the parties' attendance at the mandatory four hour educational parenting seminar (Seminar) in accordance with Local Rule 1930.
(e) The Court Administrator's Office will insert the assigned dates, times and location on the Seminar Attendance and Custody Conference Scheduling Order.
(f) The Court Administrator's Office shall file the Order with the Prothonotary and promptly notify the Plaintiff(s) or their legal counsel, if represented, that the Custody action, attachments, Seminar Attendance and Custody Conference Scheduling Order are ready to pick up for service on the other parties in accordance with the applicable rules of civil procedure.
(g) Plaintiff(s) or their legal counsel, if represented, shall promptly file a [certificate of service] Certificate of Service with the Prothonotary verifying that they have served the Complaint, attachments and Order on all parties before the date of the scheduled Seminars and Custody Conference.
(h) If the parties do not reach an agreement at the Custody Conference (see Local Rule 1915.4-2), the case will be assigned to a Family Court Judge.
(i) As a general rule, if a Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
Rule 1915.3.1. Petitions for Modification of a Custody Order.
[(b) Subsequent actions (petitions for modification or contempt)]
(a) An original and one copy of [the petition for modification of a custody order or a petition for contempt of a custody order] a Petition for Modification of a Custody Order shall be filed with the Prothonotary together with the administrative fee of $150.00.
[2. An administrative fee of $150.00 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.]
(b) A Petition for Modification of a Custody Order shall include the following attachments:
1. A Seminar Attendance and Custody Conference Scheduling Order in accordance with Local Rule 1915.15(c).
2. Prior Court Involvement Statement in accordance with Local Rule 1931. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
3. A Criminal or Abuse History Verification in accordance with Pa.R.C.P. 1915.3-2. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
4. Self-Represented Party Entry of Appearance, if not represented by legal counsel, in accordance with Local Rule 1930.8. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
5. A Proposed Parenting Plan in accordance with 23 Pa.C.S.A. § 5331. This form is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
6. A copy of the most recent Custody Order, Agreement or Parenting Plan.
(c) The Prothonotary shall promptly forward the original [petition for modification] Petition for Modification of a Custody Order [or petition for contempt of a custody order] with the attachments listed above to the Court Administrator's Office for assignment to a Custody Conference Officer [the] and scheduling of the Seminar.
(d) The Court Administrator's Office shall contact a Custody Conference Officer [shall set] to establish the date, time and [place] location of the [and file a scheduling order with the Prothonotary] Custody Conference which will generally be scheduled after the dates for the parties' attendance at the mandatory four hour educational parenting seminar (Seminar) in accordance with Local Rule 1930. Attendance at the Seminar is not required if the parties have attended the Seminar within the last twelve (12) months unless ordered by the Court.
(e) The Court Administrator's Office will insert the dates, times and location on the Seminar Attendance and Custody Conference Scheduling Order.
(f) The Court Administrator's Office shall file the Order with the Prothonotary and promptly notify the Petitioner(s) or their legal counsel, if represented, that the Petition for Modification, attachments and Seminar Attendance and Custody Conference Scheduling Order are ready for service on the other parties in accordance with the applicable rules of civil procedure.
(g) The Petitioner or their legal counsel, if represented, shall promptly thereafter file a Certificate of Service verifying that they have served the Petition, attachments and Order on all parties with the Prothonotary before the date of the scheduled Seminars and Custody Conference.
(h) If the parties do not reach an agreement at the Custody Conference (see Local Rule 1915.4-2), the case will be assigned to a Family Court Judge.
(i) As a general rule, if a Family Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
[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 Families in Conflict 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 Families in Conflict. 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.]
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 1915.3.2. Petition for Contempt of Custody Orders, Custody Agreement or Parenting Plan.
(a) An original and one copy of a Petition for Contempt shall be filed with the Prothonotary together with the administrative fee of $150.00.
(b) A Petition for Contempt shall include the following:
1. Seminar Attendance and Custody Conference Scheduling Order in accordance with Local Rule 1915.15(c).
2. Prior Court Involvement Statement in accordance with Local Rule 1931. This is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
3. A Criminal or Abuse History Verification in accordance with Pa.R.C.P. 1915.3-2. This is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
4. Self-Represented Party Entry of Appearance if not represented by legal counsel in accordance with Local Rule 1930.8. This is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
5. Copy of the most recent Custody Order, Custody Agreement or Parenting Plan.
(c) The Prothonotary shall promptly forward the original Petition for Contempt with the attachments listed above to the Court Administrator's Office for assignment to a Custody Conference Officer.
(d) The Court Administrator's Office shall contact a Custody Conference Officer to establish the date, time and location of the Custody Conference.
(e) The Court Administrator's Office will insert the assigned dates, times and location on the Seminar Attendance and Custody Conference Scheduling Order.
(f) The Court Administrator's Office shall file the Order with the Prothonotary and promptly notify the Petitioner or their legal counsel, if represented, that the docketed Petition for Contempt, attachments and Seminar Attendance and Custody Conference Scheduling Order are ready for service on all other parties promptly in accordance with the applicable rules of civil procedure.
(g) The Petitioner or their counsel, if represented, shall thereafter promptly file a Certificate of Service verifying that they have served the Petition, attachments and Order on all parties with the Prothonotary before the date of the scheduled Custody Conference.
(h) If the parties do not reach an agreement at the Custody Conference (see Local Rule 1915.4-2), the case will be assigned to a Family Court Judge.
(i) As a general rule, if a Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
Rule 1915.4-2. Custody Conference Officers.
(a) Custody Conference Officers shall be appointed by the Court to meet with the parties and their legal counsel in a custody action [to work out custody arrangement;] to conciliate the matter, attempt to resolve issues and reach an agreed Parenting Plan/Custody Order and/or if this cannot be accomplished, to define and narrow the issues to be heard by a Judge.
[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;
3. Prepare agreed interim or final Parenting Plan/Custody Orders [or final orders] for review by the Court.]
(b) The compensation of Custody Conference Officers shall be set by order of court by the President Judge.
(c) Custody Conference Officers—Not Witnesses
1. 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] Trial before the Court.
2. The Custody Conference Officer shall not be a witness for or against any party in a Custody [hearing] Trial before the Court or in any other proceeding whatsoever absent Court Order.
(d) Agreement of Parties at Conciliation Conference.
(1) If the parties are able to reach an agreement during the Custody Conference, the Custody Conference Officer shall prepare a proposed [order] Parenting Plan and Custody 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.]
(2) At the conclusion of the Conference, even if the parties have reached an agreement, if any of the parties have not attended the Seminar within the past twelve (12) months, the Custody Conference Officer shall serve them with another Order setting forth the new dates for their attendance and direct that they file their Certificates of Completion of the Seminar with the Prothonotary following which the Court will sign their Parenting Plan/Custody Order.
(3) The Custody Conference Officer may also recommend that paramours or other adults who have a strong role in the parenting of the child(ren) should attend the Seminar.
(4) The Proposed Parenting Plan and Order shall be submitted to a Family Court Judge. If a Family Court Judge has previously handled any of the parties' prior contested family law matters, it will be submitted to that Judge.
(5) If approved and signed by the Court, the Parenting Plan/Custody Order shall be filed by the Court Administrator's Office with the Prothonotary and copies shall be mailed to all parties by the Court Administrator's Office.
(e) No Agreement
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] for the Court which shall includes the following:
(a) [facts] All relevant information gathered by the Custody Conference Officer during the conference. [and outline the]
(b) A summary of the contested issues [for resolution] to be decided by the Court.
(c) Whether or not the parties have filed the required attachments pursuant to Local Rule 1915.3(b) and if not, the dates within which the parties have to comply and attach a recommended order providing the due date for the following:
(1) Seminar Attendance Certificates;
(2) Prior Court Involvement Statement;
(3) Criminal History and Abuse Verification;
(4) Proposed Parenting Plan;
(5) Self-Represented Party Entry of Appearance if not represented by legal counsel.
(d) List any criminal or abuse history on the parties' Criminal History and Abuse Verification warranting the Court to immediately order an Evaluation pursuant to 23 Pa.C.S.A. § 5329 or § 5330.
(e) Summarize any mental health or drug or alcohol problems raised at the Conference and recommend whether the Court should order an evaluation pursuant to Pa.R.C.P. 1915.8.
(f) Any recommendation that the court order the parties to re-attend the Seminar, even if they have attended the Seminar within twelve (12) months of the Conference.
(g) Any recommendation that paramours or other adults who reside in the household or have a strong role in the parenting of the child(ren) should attend the Seminar
(h) Any agreed Interim Parenting Plan/Custody Order.
(i) A list of the names and relationships of all persons who reside in each parties' household.
(j) Any reports from appropriate agencies/experts.
(k) Whether independent counsel should be appointed for the child(ren).
(l) The present status of the custody of the child(ren).
(m) Any existing Parenting Plan/Custody Order.
(2) [(b)] The Court Administrator's Office shall file [The] the Conference Summary Report [shall be filed] with the Prothonotary and copies shall be [distributed] mailed to all parties by the Court Administrator's Office.
[(c)] (3) The Court Administrator's Office [The Prothonotary] shall promptly forward the Conference Summary Report [to the Court Administrator's Office the case will be] and file to the assigned [to a] judge.
4. If the parties do not reach an agreement at the Custody Conference, the case will be assigned to a Family Court Judge.
5. As a general rule, if a Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
(f) [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.] The Custody Conference Officer may determine that paramours or other adults who reside in the household or have a strong role in the parenting of the child(ren) should 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.]
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 1915.4-4. Pre-Trial Conferences and Trial.
(a) No later than five (5) days prior to the Pre-Trial Conference with a Judge, all parties must file a Pre-Trial Statement and serve copies on all other parties or their legal counsel. The Pre-Trial Statement must include the following:
(1) Brief summary of the case including the names and dates of birth of the child(ren) at issue and the current custody arrangement;
(2) Statement of issues expected to be raised at Trial;
(3) Admissions from pleadings to be made part of the record;
(4) Stipulations of parties;
(5) Statements of objections or unusual evidentiary problems expected to arise at trial;
(6) Statement of settlement prospects;
(7) Estimated time needed for Trial;
(8) Name and address of each expert intended to be called at trial as a witness or a request that an expert custody evaluator or other expert witness be appointed by the Court;
(9) Name and address of each witness intended to be present at Trial and the relationship of the witness to the parties and child(ren);
(10) List of proposed exhibits intended to be offered at Trial;
(11) Proposed Parenting Plan if this differs from the Proposed Parenting Plan already filed;
(12) Updated Criminal or Abuse History Verification of other parties or persons living in the residence;
(13) Information about Criminal and Abuse History of other parties or persons living in the residence;
(14) Certificate of Completion of the Seminar if not previously filed;
(15) Any other relevant matter.
(b) No later than five (5) days prior to a Custody Trial before a Judge, the parties shall file an updated Pre-Trial Statement and serve copies on all other parties or their legal counsel which shall include the items listed above and any additional items as directed by the Judge.
Rule 1915.15(c). Seminar Attendance and Custody Conference Scheduling Order—Custody Complaint, Custody Count in Divorce Complaint or 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 Custody Complaint, Petition for Modification, Petition for Contempt, or custody count in a Divorce action relating to child custody shall include a [cover sheet] Seminar Attendance and Custody Conference Scheduling Order in substantially the following [format] form:
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION : CUSTODY : Defendant : NO.
SEMINAR ATTENDANCE AND CUSTODY CONFERENCE SCHEDULING 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] ordered that the parties and their respective counsel appear before the Custody Conference Officer, on the _____ day of _____ , 20__ , Dauphin County Courthouse, 3rd Floor, 101 Market Street, Harrisburg, Pennsylvania for a Custody Conference. At such Conference, an effort will be made to conciliate and 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 parties are ORDERED to attend a four hour educational parenting seminar (Seminar) and file with the Prothonotary and bring with you to the Custody Conference your Seminar Certificate of Attendance you will receive at the Seminar. The Plaintiff is scheduled to attend on _____ at ______ o'clock and the Defendant is scheduled to attend on _____ at ______ o'clock. Any requests for rescheduling must be directed to the Seminar Provider and will be granted only upon cause shown. (See attached Seminar Provider brochure for additional information).
FAILURE TO ATTEND THE SEMINAR MAY BE CONSIDERED AS CONTEMPT OF COURT PUNISHABLE BY FINE, OTHER APPROPRIATE SANCTIONS INCLUDING UP TO SIX (6) MONTHS INCARCERATION.
IF YOU FAIL TO APPEAR AT THE CUSTODY CONFERENCE AS PROVIDED BY THIS ORDER, AN ORDER FOR CUSTODY MAY BE ENTERED AGAINST YOU OR THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. You must complete and file with the [court a verification regarding any criminal record or abuse history] Prothonotary a Criminal or Abuse History Verification regarding you and anyone living in your household [the conference scheduled above] and your Proposed Parenting Plan on or before ______ . [This Verification must be filed in the Prothonotary's Office at the Dauphin County Courthouse, 101 Market Street, Harrisburg, PA.] The Criminal or Abuse History Verification and Proposed Parenting Plan are attached. These forms are also available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
You must mail a copy of your Criminal or Abuse History Verification and your Proposed Parenting Plan to all other parties by ______ .
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.]
IF ANY PARTY TO THIS CUSTODY ACTION IS INCARCERATED AT ANY STAGE OF THE PROCEEDINGS, THE CUSTODY CONFERENCE OFFICER OR ASSIGNED JUDGE WILL MAKE REASONABLE EFFORTS TO ARRANGE FOR THE INCARCERATED PARTY TO PARTICIPATE BY TELEPHONE OR VIDEO CONFERENCE. IF YOU, AS AN INCARCERATED PARTY, DO NOT THINK SUCH ARRANGEMENTS HAVE BEEN MADE, PLEASE CONTACT THE COURT ADMINISTRATOR'S OFFICE AT (717) 780-6630 OR BY MAIL AT 3RD FLOOR, DAUPHIN COUNTY COURTHOUSE, 101 MARKET STREET, HARRISBURG, PA[.] 17101.
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. IF NEEDED, YOU SHOULD CALL TODAY TO MAKE AN APPOINTMENT PRIOR TO YOUR CUSTODY CONFERENCE.
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] 6630. All arrangements must be made at least 72 hours prior to any hearing or [business before the court] conference. [You must attend the scheduled conference.]
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 1915.17. Relocation—Change of Address Which Will Significantly Impair the Ability of a Non-Relocating Party to Exercise Custodial Rights.
(1) A party proposing to relocate must send a Notice of Relocation and Counter-Affidavit to every other person who has custodial rights to the child(ren) pursuant to Pa.R.C.P. 1915.17. The Notice of Relocation and Counter-Affidavit are found in Pa.R.C.P. 1930.4 and also are available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
(2) If a party, because of the proposed relocation, files a Complaint for Custody or a Petition for Modification, the local rules regarding those actions must be followed. See Local Rule 1915.3 and 1915.3.1.
Rule 1920. [Actions of] Divorce or Annulment Complaints.
Rule 1920.1. Form of Complaint.
(1) In addition to the information required by Pa.R.C.P. 1920.12, each Divorce or Annulment Complaint shall contain one of the following averments:
A. Plaintiff avers that there are no children of the parties under the age of 18.
B. Plaintiff avers that there are children of the parties under the age of 18 and their names and ages are as follows:
(2) A Divorce or Annulment Complaint or Counterclaim which includes a count for custody shall contain the attachments set forth in Local Rule 1915.3 and follow all other Custody action procedures.
(3) A Divorce or Annulment Complaint which does not include a count for custody, where the parties are parents of children under the age of eighteen (18), shall include the following Seminar Scheduling Order.
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION : Defendant : NO.
SEMINAR SCHEDULING ORDER All parties are ORDERED to attend a four hour educational parenting seminar (Seminar) and file with the Prothonotary the Certificate of Attendance you will receive at the Seminar. The Plaintiff is scheduled to attend on ______ at _____ o'clock and the Defendant is scheduled to attend on ______ at _____ o'clock. Any requests for rescheduling must be directed to the Provider and will be granted only upon cause shown. (See attached Provider brochure for additional information).
FAILURE TO APPEAR AT THE SEMINAR AS SCHEDULED OR FAILURE TO REGISTER AND COMPLETE THE PROGRAM WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT OF COURT PUNISHABLE BY FINE AND OTHER APPROPRIATE SANCTIONS INCLUDING UP TO SIX (6) MONTHS INCARCERATION.
If you fail to attend this seminar, no divorce decree will be granted where there are children under the age of 18 until both parties attend the Seminar.
BY THE COURT:
Date: ______ _________________
(Editor's Note: Rules 1930, 1930.8 and 1931 are new and printed in regular type to enhance readability.)
Rule 1930.
A. Mandatory Four Hour Educational Parenting Seminar
1. In all Custody, Divorce or Annulment actions in which the parties have children under the age of 18 and where a Demand for Hearing De Novo Before the Court involving child support has been filed, except for the exclusions listed below, the parties shall complete a four hour parenting educational seminar (Seminar) if a party has not attended the Seminar in the prior twelve (12) months and in such other cases as the Court may order.
2. In Divorce or Annulment actions in which the parties have children under the age of 18, the Plaintiff shall attend the Seminar within forty five (45) days of filing and the Defendant shall attend the Seminar within forty five (45) days from service of the complaint.
3. In custody actions, other than Petitions for Special Relief (Emergency Custody Petitions) and Contempt, all parties must attend the Seminar before the date of their Custody Conference.
4. In a Petition for Contempt or a Petition for Special Relief (Emergency Custody) or other similar Custody actions, the parties shall attend the Seminar as ordered by the Court.
5. In Demands for Hearing De Novo Before the Court involving child support, the parties shall attend the Seminar prior to the hearing before the Court except in Children and Youth Appeals, emancipation cases and cases where the obligor has no assets.
6. The fee for the Seminar must be submitted to the Provider on the date of attendance in accordance with the instructions contained in the pamphlet provided to all parties with their Seminar Attendance Order.
7. If the parties have not attended the Seminar prior to their Custody Conference, the Custody Conference Officer shall provide the party with another date or time to attend the Seminar and such Order will be filed with the Prothonotary's Office.
8. If the Custody Conference Officer recommends that it would be in the child(ren)'s best interests for a party's paramour or other adult who resides in the household or has a strong role in the parenting of the child(ren) to attend the Seminar, the Court may enter an Order requiring their attendance at the Seminar.
9. No Parenting Plan/Custody Order will be entered or Divorce or Annulment Decree granted in cases where the parties have children under the age of eighteen (18) until all parties have completed the Seminar, unless this requirement is waived by the Court for good cause shown.
10. Failure to attend the Seminar may be considered as Contempt of Court punishable by fine and other appropriate sanctions including up to six (6) months incarceration.
Rule 1930.8. Self-Represented Party Entry of Appearance—Family Law Matters.
1. All self-represented parties in family law matters shall file a written Self Represented Party Entry of Appearance in accordance with Pa.R.C.P. 1930.8 at all of their pending case dockets (custody, divorce, support, protection from abuse and paternity) where they are not represented by counsel. This form is available in the Prothonotary's Office, Domestic Relations Office and at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
2. All self-represented parties shall be under a continuing obligation to file an amended Self Represented Party Entry of Appearance updating the self-represented party's contact information immediately upon any change in their address, telephone number or other contact information.
3. All self-represented parties shall provide a copy of their Self Represented Party Entry of Appearance and any updates to all other parties and attorneys of record immediately upon filing.
4. The Self-Represented Party Entry of Appearance under this rule shall be substantially in the following form:
______ IN THE COURT OF COMMON PLEAS PLAINTIFF DAUPHIN COUNTY, PENNSYLVANIA vs.
NO. ______ ______ DEFENDANT
SELF-REPRESENTED PARTY ENTRY OF APPEARANCE 1. I am the [ ] Plaintiff [ ] Defendant in the above-captioned (MARK ONE) [ ] custody, [ ] divorce, [ ] support, [ ] protection from abuse, [ ] paternity case.
2. [ ] This (MARK ONE) [ ] is [ ] is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me.
OR (check only one box)
[ ] This is NOT a new case and ______ (Name of Attorney)
previously represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case.I have provided a copy of this form to that attorney listed above at the following address:
OR (check only one box)
[ ] I am entering my appearance as a self-represented party (sign) ______
My attorney acknowledges his/her withdrawal as my attorney in this case.
(Attorney signature) _________________ , Esq.
3. My address for the purpose of receiving all future pleadings and other legal notices is: ______ . I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings.
[ ] This is my home address.
[ ] This is not my home address.4. My telephone number where I can be reached during normal business hours (8:00 a.m.—4:30 p.m. Monday—Friday) is ______ . My email address is ______
[ ] My telephone number and email address are confidential pursuant to a Protection From Abuse Order.
5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES.
6. I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: (Use reverse side if you need more space)
Name ______ Address __________
Name ______ Address __________
7. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities.
I verify that the statements made in this Entry of Appearance as a Self-Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities which could result in a fine and/or prison term.
______ __________Date Signature (Your Signature)
Rule 1931. Mandatory Prior Court Involvement Statement for All Family Law Matters.
1. For the purposes of this section, Family Law Matters include all Divorce, Custody, Protection from Abuse, Support and Paternity actions and all related motions, petitions or other pleadings.
2. All Family Law Matters that require the assignment of a judge must attach a completed Prior Court Involvement Statement to the front of their pleading. The Prior Court Involvement Statement shall be in the following form and is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center:
______ : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : v.
: NO. ______ : ______ : CIVIL ACTION—LAW Defendant
PRIOR COURT INVOLVEMENT STATEMENT The following lists all cases involving one or more of the same parties and indicates if a prior matter involved a Conference or a Contested Hearing before a Judge or if an agreed order was entered.
Check all that Apply Action Docket Number Judge Contested Hearing or Pretrial Conference Agreement Reached and No Hearing Before a Judge Required [ ] Custody [ ] Divorce [ ] Support or APL [ ] Paternity [ ] PFA [ ] This is the first Family Law Matter Filed in Dauphin County involving the above-captioned parties and children. _________________ _________________
Date Signature (Your Signature)_________________
Name (Print your Name)This amendment shall be effective January 1, 2015 after publication in the Pennsylvania Bulletin.
By the Court
TODD A. HOOVER,
President Judge
[Pa.B. Doc. No. 14-2426. Filed for public inspection November 21, 2014, 9:00 a.m.]
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