THE COURTS
Title 255—LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[46 Pa.B. 5726]
[Saturday, September 3, 2016]
Order And Now, this 18th day of August 2016, Dauphin County Local Rule of Civil Procedure 1915.4-3 is promulgated as follows and Rule 1915.7(a), Rule 1915.15(c), Rule 1915.17 and Rule 205.2(a)(1)(n) are amended as follows:
Rule 1915.4-3. Non-Appearance at Custody Conference before a Custody Conference Officer.
If the Plaintiff/Petitioner or the Defendant/Respondent fails to appear, without proper cause shown, at a Conference before a Custody Conference Officer, and the Custody Conference Officer is satisfied that proper notice of the Order scheduling the conference has been served on or provided to that party, the Custody Conference Officer shall refer the matter to the Court for a contempt hearing which can result in the imposition of sanctions including fines, attorney fees and costs. Failure to appear may also result in an interim order being entered.
1915.7. Agreements and Consent Orders.
(a) Agreements and consent orders filed contemporaneously with the custody complaint:
[6. Agreements shall not contain any provision relating to child support.
7.] 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] posted at www.dauphincounty.org/government/ Court-Departments/Self-Help-Center.
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______ at ______ ______ M, 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 and to recommend an interim order pending pretrial/trial. Failure to appear may also result in an interim order being entered.
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] M and the Defendant is scheduled to attend on ______ at ______ [o'clock] M. Any requests for rescheduling must be directed to the Seminar Provider and will be granted only upon cause shown. (See attached information regarding the Seminar [Provider brochure for additional information]).
FAILURE TO ATTEND THE SEMINAR MAY BE CONSIDERED AS CONTEMPT OF COURT PUNISHABLE BY FINE OR OTHER APPROPRIATE SANCTIONS INCLUDING UP TO SIX (6) MONTHS INCARCERATION.
IF YOU FAIL TO APPEAR AT THE CUSTODY CONFERENCE AS PROVIDED BY THIS ORDER, WITHOUT PROPER CAUSE SHOWN, AND THE CUSTODY CONFERENCE OFFICER IS SATISFIED THAT PROPER NOTICE OF THE ORDER SCHEDULING THE CONFERENCE HAS BEEN SERVED ON OR PROVIDED TO THAT PARTY, THE CUSTODY CONFERENCE OFFICER SHALL REFER THE MATTER TO THE COURT FOR A CONTEMPT HEARING WHICH CAN RESULT IN THE IMPOSITION OF SANCTIONS INCLUDING FINES, ATTORNEY'S FEES AND COSTS. [AND/OR IMPRISONMENT UP TO SIX (6) MONTHS. 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 on or before ______ . The Criminal or Abuse History Verification is attached. 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 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.
If any party needs an interpreter at either the custody conference or trial, please contact the Court Administrator's office at (717) 780-6608 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.
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.
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] 1915.17(i) and (j) 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.
(3) All Custody Agreements/Parenting Plans must contain a paragraph that states the following: ''A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custody rights shall follow the procedures required by 23 Pa.C.S. § 5337 and Rule of Civil Procedure 1915.17 as set forth in Exhibit A attached to this Custody Agreement/Parenting Plan.'' Exhibit A must be attached to all Custody Agreements/Parenting Plans and is available at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
Rule 205.2(a). Physical Characteristics of Pleadings and Other Legal Papers.
(1) All documents filed in the Office of Prothonotary shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:
(n) Unless required by an applicable law or rule of court or unless so directed by the court, parties or their attorneys may include only:
(1) the last four digits of the social security number or the taxpayer identification number;
(2) the year of the individual's birth;
(3) the last four digits of the financial account information
in documents filed with the Prothonotary. The responsibility for redacting these personal identifiers rests solely with the parties. Documents will not be reviewed by the Prothonotary for compliance with the rule. This rule applies to exhibits to pleadings and to exhibits entered into evidence in Court.
This rule shall be effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 16-1510. Filed for public inspection September 2, 2016, 9:00 a.m.]
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