THE COURTS
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[46 Pa.B. 7445]
[Saturday, November 26, 2016]
Order And Now, this 9th day of November 2016, Dauphin County Local Rule of Civil Procedure 1915.7 is amended as follows:
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 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 posted at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
(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.] 5. 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 lan-guage 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.
(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, the parties shall 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 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.] 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] posted at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
(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 file with the Prothonotary the proposed agreement and consent order 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 the Court Administrator's 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] posted at www.dauphincounty.org/government/Court-Departments/Self-Help-Center.
The amendments shall be effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 16-2034. Filed for public inspection November 23, 2016, 9:00 a.m.]
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