THE COURTS
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[45 Pa.B. 3822]
[Saturday, July 18, 2015]
Order And Now, this 29th day of June 2015, Dauphin County Local Rules of Civil Procedure 1915.3(b), 1915.3.1(b), 1915.7(a), 1915.15(c), 1920.43, 1920.51(2) and 1920.51A are amended and Dauphin County Local Rules of Civil Procedure 1920.42 is rescinded as follows:
Rule 1915.3. Custody Actions.
(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.] 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.
Rule 1915.3.1. Petitions for Modification 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.] 5. A copy of the most recent Custody Order, Agreement or Parenting Plan.
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 unless the agreement is reached before the Custody Conference Officer or the Court.
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.
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 Seminar Attendance and Custody Conference Scheduling Order in substantially the following form:
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION : CUSTODY : Defendant : NO.
SEMINAR ATTENDANCE AND CUSTODY CONFERENCE SCHEDULING ORDER AND NOW, upon consideration of the attached Complaint, Petition for Modification or Petition for Contempt of a Custody Order, it is hereby 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, Suite 300, 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.
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 Prothonotary a Criminal or Abuse History Verification regarding you and anyone living in your household [and your Proposed Parenting Plan] on or before ______ . The Criminal or Abuse History Verification [and Proposed Parenting Plan are] is attached. [These forms are] This form is 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.
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) 780-6630. All arrangements must be made at least 72 hours prior to any hearing or conference.
IF ANY PARTY NEEDS AN INTERPRETER AT EITHER THE CUSTODY CONFERENCE OR TRIAL, PLEASE CONTACT THE COURT ADMINISTRATOR'S OFFICE AT (717) 780-6630 AS SOON AS POSSIBLE. IT TAKES A MINIMUM OF FIVE DAYS TO SCHEDULE AN INTERPRETER AND FAILURE TO MAKE A TIMELY REQUEST COULD DELAY THE PROCEEDINGS.
[1920.42. Affidavit Under Section 3301(d)(1) of the Divorce Code.
The affidavit required under Section 3301(d)(1) of the Divorce Code shall be filed with the Prothonotary before it is served. The opposing party must be served with a certified copy of the Affidavit. Moving party must wait a minimum of twenty (20) days after service of the Affidavit before serving the Notice of Intention to File Praecipe to Transmit Record and Counter Affidavit or filing the Waiver of Notice as provided in Pa.R.C.P. 1920.72(c).]
Rule 1920.43. Pre-Hearing Divorce Matters, Special Relief, Advance Distribution, Discovery Issues, Post-Divorce Issues (Other Than Exceptions to Master's Report).
(a) All Petitions for Special Relief and motions raising pre-trial and post-divorce issues other than Exceptions to Master's Report in divorce cases shall be assigned to the Divorce Master.
(b) Any Pre-Hearing or post-divorce Petition or Motion in a divorce matter shall comply with Dauphin County Rule 205.2(a)(3)(b) and shall include the following:
(1) A certification by the filing party that (s)he disclosed the full text of the Petition or Motion and the Proposed Order to all parties by facsimile or electronic communication and that concurrence to both the Petition or Motion and Proposed Order has been given or denied by each party in accordance with Dauphin County Local Rule 208.2(d).
(2) If concurrence to both the Petition or Motion and the Proposed Order is denied by any party or any party has not responded in a timely manner, the Petition or Motion shall be deemed to be contested and the moving party shall attach:
(a) A Rule to Show Cause in accordance with Pa.R.C.P. 206.5;
(b) A Proposed Order;
(c) A Certificate of Service;
(d) A Self Represented Party Entry of Appearance if unrepresented by legal counsel.
(3) If all parties concur, the Petition or Motion shall be deemed to be uncontested and the filing party shall attach the proposed agreed Order.
(c) If the Petition or Motion is deemed to be contested, a Rule to Show Cause shall be issued by a Family Court Judge.
(1) When a response to the Rule to Show Cause is filed, the moving party shall file an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the [$ 150.00] $75.00 administrative fee in accordance with Dauphin County Rule 1920.51.
(2) The Prothonotary shall promptly forward the Motion for Appointment of Master to the Court Administrator's Office. A Family Court Judge will appoint the Divorce Master to hear the Pre-Hearing matter.
(3) The Divorce Master will schedule a Pre-Hearing Conference.
(4) If an agreement is reached at the Pre-Hearing Conference, the Divorce Master shall file a Memorandum memorializing the agreement with the Prothonotary and shall forward the agreed Order to a Family Court Judge for review.
(5) If an agreement is not reached at the Pre-Hearing Conference, the Divorce Master shall schedule a hearing.
(6) Following the hearing, the Divorce Master shall file with the Prothonotary a Report and Recommendation and Proposed Order regarding the Pre-Hearing matter within ten (10) days from the date of the hearing. A copy of the Report and Recommendation and Proposed Order shall be mailed to all parties.
(7) The Prothonotary shall promptly forward the Report and Recommendation and Proposed Order to the Court Administrator's Office for assignment to a Family Court Judge to issue an Order.
(8) Within ten (10) days from the date of the Court Order, for good cause shown, e.g. immediate irreparable harm or other extraordinary circumstances, a party may petition the Court to reconsider the Order.
1920.51. Equitable Distribution, Divorce, Annulment, Alimony Pendente Lite, Alimony, Counsel Fees, Costs and Expenses.
(2) An original and a copy of the Motion for Appointment of Master shall be filed with the Prothonotary, together with the administrative fee. If a Motion for Appointment of Master is filed under Dauphin County Local Rule 1920.43, an administrative fee of $75.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master is filed under Dauphin County Local Rule 1920.51 and the Master was previously appointed because of pretrial matters, the administrative fee of $75.00 shall be paid to the Prothonotary. If a Master has not been previously appointed, an administrative fee of $150.00 [unless this fee has already been paid] shall be paid to the Prothonotary. The Motion for Appointment of Master shall be in form prescribed by Dauphin County Local Rule 1920.74(a).
1920.51A. Filing Fee; Compensation of Master and Stenographer.
(1) Upon the filing of the Complaint, the plaintiff shall pay to the Prothonotary, in addition to any other charges, an administrative fee in the amount of $125.00.
(2) A Motion for Appointment of Master and a pro- posed order shall be in the form prescribed by [Pa.R.C.P. 1920.74] Dauphin County Local Rule 1920.74(a) and (b) and shall be filed with the Prothonotary. Simultaneously with the filing of the Motion for Appointment of Master in accordance with Dauphin County Local Rule 1920.43, an administrative fee of $75.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master is filed under Dauphin County Local Rule 1920.51 and a Motion had previously been filed under Dauphin County Local Rule 1920.43, an additional administrative fee of $75.00 shall be paid to the Prothonotary. If a Motion for Appointment of Master had not been previously filed, an administrative fee of $150.00 shall be paid to the Prothonotary in addition to any other charges. [Divorce Masters shall be appointed by the Court when the requirements of Dauphin County Local Rule 1920.51(a)(3) have been met.] If a Motion for Appointment of Master is filed for Post-Divorce issues, an administrative fee of $150.00 shall be paid to the Prothonotary if this is the first time that a request for a Divorce Master has been made. If a Divorce Master had been previously appointed, the administrative fee is $75.00.
[(3) Divorce Masters shall be compensated at a rate set by order of court.
(4)] (3) The Court shall pay an appearance fee by a stenographer [who] if one is hired to record the masters' proceedings. The cost of transcripts shall be borne by the parties.
These amendments shall be effective July 1, 2015 after publication in the Pennsylvania Bulletin.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 15-1314. Filed for public inspection July 17, 2015, 9:00 a.m.]
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