THE COURTS

Title 255--LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[26 Pa.B. 662]

Order

   And Now, this 23rd day of January, 1996, Dauphin County local rules are hereby amended as follows:

Rule 1915.  Actions for Custody, Partial Custody, and Visitation of Minor Children.

1915.1.  Definitions.

   These rules shall govern all actions for custody, partial custody, and visitation, including original actions, petitions to modify decrees, contempts, 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.

1915.3.  Commencement of Action. Complaint. Order.

   (1)  The complaint shall be filed with the Prothonotary.

   (2)(a)  In addition to the filing fees assessed for the filing of Complaints, an additional administrative fee in the amount of $100.00 shall be paid to the Prothonotary simultaneously with the filing of the Complaint.

   (b)  An administrative fee of [$50.00] $100.00 shall be paid to the Prothonotary simultaneously with the filing of any subsequent petition for relief (such as, but not limited to, a petition for modification or contempt).

   (3)  If a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary. Thereafter, when either party desires a hearing on the custody issue, he/she may request a time and date for hearing by the filing of a simple Motion. At such time as a hearing is requested under this section the administrative fee must accompany the Motion.

Rule 1915.3a.  Custody [Conciliation] Mediation Alternative Hearing Procedures.

   (1)  The Court shall appoint as a Conference Officer(s) a member(s) of our Bar or other appropriate person, as an official of the Court, to:

   (a)  [Conciliate] Mediate custody cases filed with the Court;

   [(b)  Recommend to the Court that interim or temporary orders be entered in appropriate custody cases;]

   [(c)] (b)  Recommend appointment of counsel for the child;

   [(d)] (c)  Recommend the utilization of home studies and/or expert witnesses.

   (d)  Prepare agreed interim or final orders for presentation to the Court.

   The compensation of Custody [Conciliators] Conference Officers shall be set by order of court.

   (2)  All custody matters not specifically reserved to the Court shall be promptly scheduled for a conference before the [Conciliator] Conference Officer. All parties and any child age five (5) or older for whom custody or visitation is sought shall be present at the location of such conference. Failure of a party to appear at the conference may provide grounds for the entry of temporary or permanent orders.

   (3)  At the conference, or as soon thereafter as possible, each party shall provide the [conciliator] Conference Officer and each other with the following information, insofar as it is then available:

   (a)  A list of all fact witnesses;

   (b)  A list of all expert witnesses;

   (c)  Issues for resolution;

   (d)  Estimated length of trial;

   (e)  All reports from appropriate agencies; and

   (f)  Report of experts intended to be called as witnesses.

   Such information shall be updated, as appropriate, any time up to commencement of trial. Failure to produce the information requested hereunder prior to trial, for the [Conciliator] Conference Officer or the Court, may be grounds for excluding the evidence or witnesses at trial.

   (4)  To facilitate the [conciliation] mediation 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 court. The custody [conciliator] Conference Officer shall not be witness for or against any party.

   (5)  At the conclusion of the conference where the case remains contested the [Conciliator] Conference Officer shall prepare a Conference Summary Report. This report shall contain facts gathered by the [Conciliator] Conference Officer during the conference. This report shall become a part of the Court record and upon being submitted to the Court shall also be copied to the parties.

Rule 1915.3B.  Custody [Conciliation] Mediation--Procedure.

   Upon being filed with the Prothonotary, a complaint or motion for hearing relating to child custody or visitation shall be immediately turned over to the [Conciliator] Conference Officer who shall forthwith enter an Order setting the time, date and place for a [Conciliation] Mediation Conference and return said Order to the Prothonotary. The attorney for the moving party will then be advised that his/her Complaint is ready to be served.

1915.3C.  Custody [Conciliation] Mediation. Post Conference Procedure.

   (1)  SETTLED CASE: if, prior to or during the Custody [Conciliation] Mediation Conference, the parties are able to reach an agreement, the [Conciliator] Conference Officer may request that either party submit a proposed order of court. In any case, the [Conciliator] Conference Officer shall thereafter submit to the Prothonotary the agreed-upon, proposed Order. The Prothonotary shall then transmit the file to the Court for disposition of the matter.

   (2)  CONTESTED CASE: should the parties fail to reach an agreement prior to the conclusion of the [Conciliation] Mediation Conference, the [Conciliator] Conference Officer shall submit his/her Conference Summary Report to the Court Administrator for prompt assignment to a Judge. Once the assigned Judge has set a time and date for hearing of the matter, the moving party will be so notified and shall thereafter effect service of this notice upon the other side.

1915.5.  Question of Jurisdiction or Venue. No Responsive Pleading Required. Counterclaim.

   (a)  If a question of jurisdiction or venue is raised prior to the [Conciliation] Mediation Conference, such objections shall be referred by the [Conciliator] Conference Officer to the Court for disposition. No other pleading need be filed to a claim for custody or visitation.

   (b)  Counterclaims or cross-claims shall, where possible, be filed prior to the [Conciliation] Mediation Conference.

1915.7.  Consent Order.

   (1)  If at any time prior to the Conference the parties are able to agree upon custody or visitation, the parties may submit a proposed consent order to the [Conciliator] Conference Officer for disposition in conjunction with these rules, with written consents attached thereto signed by the parties and their counsel, if any.

   (2)  Upon presentation of a consent order, the Court may, in its discretion, enter an order without taking testimony thereon.

   (3)  The parties or children need not be present unless the court so directs.

1915.8.  Physical or Mental Examination of Persons.

   (a)  The [Conciliator] Conference Officer shall maintain and, on request, provide counsel and the parties with a list of psychiatrists, psychologists, social workers, counselors, and the like who are available for consultation, evaluation, and testimony in custody matters.

   (b)  Reserved.

   (c)  In the event that either psychological studies or home studies become necessary to a proper disposition of the cause, the cost of such studies may be assessed against the parties.

Rule 1915.12.  Contempt.

   All petitions for contempt and/or modification of a court order regarding custody or visitation shall be filed with the Prothonotary and directed to the [Conciliator] Conference Officer for review.

Rule 1915.15.  Form of Complaint.

   (1)  In addition to the information required by Pa.R.C.P. 1915.15 each complaint shall contain the following averments;

   A.  Plaintiff has been advised of the requirement to attend the Seminar for Separating Parents and of the Program Description set forth in Local Rule 1930.

   B.  Defendant will be provided along with the Complaint a copy of the Order requiring attendance at the Seminar for Separating Parents set forth herein and Program Description set forth in Local Rule 1930.

   (2)  Any Affidavit of Service for applicable actions shall include a statement that the Program Description and Order scheduling his/her attendance at the Seminar were served with the applicable pleading.

   (3)  Counsel for the moving party, or the moving party, if unrepresented, shall provide the client with a copy of the Order requiring attendance, Program Description and advise the client to attend the Seminar with 45 days of the filing of an applicable pleading.

   (4)  Any party who resides more than 50 miles from Harrisburg may contact the Provider to make other arrangements to satisfy the attendance requirements.

   (5)  At such time as a party complete the Seminar, the Provider shall forward to the Prothonotary a Certificate of Completion, setting forth the name of the party and the docket number of the case, which Certificate shall be filed with the Court.

   (6)  No final custody trial shall be held or order granted where there are children under the age of 18 and [both] all parties attend the Seminar. This requirement will be waived [only under exceptional circumstances] by the Court only upon petition filed for good cause shown.

   (7)  Each custody Complaint shall contain the following second cover sheet:

:   IN THE COURT OF COMMON PLEAS
:   DAUPHIN COUNTY, PENNSYLVANIA
:
:   CIVIL ACTION--CUSTODY
:
:   NO.

ORDER

   You, ______ are ORDERED to appear in person in the Custody [Conciliation] Mediation Office, Fourth Floor, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania on ______ at ______ o'clock a.m./p.m. for a Custody [Conciliation] Mediation Conference.

   [Both parents] All parties are further ORDERED to attend a seminar entitled ''Seminar for Separating Parents'' and bring with you to the [Conciliation] Mediation Conference the Certificate of Attendance you will receive at the Seminar. The Plaintiff is scheduled to attend on ______ . The Defendant is scheduled to attend on ______ . Any requests for rescheduling must be directed to the Provider and will be granted only upon cause shown. (See attached instructions and Provider brochure with registration form.)

   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 AND THE IMPOSITION OF SANCTIONS BY THE COURT.

   If you fail to appear 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 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536

FOR THE COURT:

______
_________________
Date
Custody [Conciliator] Conference Officer

Rule 1920.  Actions in Divorce or Annulment.

1920.1.  Form of Complaint.

   (1)  In addition to the information required by Pa.R.C.P. 1920.12, each complaint in Divorce 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, namely: (list names and dates of birth).

   (2)  Any Affidavit of Service for applicable actions shall include a statement that the Order requiring attendance at the Seminar and a Seminar Description set forth in Local Rule 1930 were served with the applicable pleading.

   (3)  At such time as a party completes the Seminar, the Provider shall forward to the Prothonotary a Certificate of Completion, setting forth the name of the party and the docket number of the case, which Certificate shall be filed with the Court.

   (4)  Each divorce complaint shall contain the following second cover sheet:

:   IN THE COURT OF COMMON PLEAS
:   DAUPHIN COUNTY, PENNSYLVANIA
:
:   CIVIL ACTION--DIVORCE
:
:   NO.

ORDER

   You are ORDERED to attend a seminar entitled ''Seminar [of] for Separating Parents'' [and bring with you to the conference the Certificate of Attendance you will receive at the Seminar]. The Plaintiff is scheduled to attend on ______ . The Defendant is scheduled to attend on ______ . Any request for rescheduling must be directed to the Provider and will be granted only upon cause shown. (See attached instructions and Provider brochure with registration form.)

   FAILURE TO APPEAR AT THE SEMINAR 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 AND THE IMPOSITION OF SANCTIONS.

   [If you fail to appear as provided by this Order, no] No final trial shall be held or order entered or divorce decree granted where there are children under the age of 18 until [both] all parties attend the Seminar.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536

BY THE COURT:

______
_________________
Date
J.

Rule 1920.14.  Waiver of 20 Days Under Section [201(d)]. 3301(d).

   The twenty-day period following the filing of the affidavit under section [201(d)] 3301(d) may be waived in writing by the parties.

Rule 1030.  Mandatory Seminar for Separating Families.

   (1)  In all divorce and custody proceedings filed on or after January 1, 1995, and in such other cases as the Court shall direct, where the interests of children under the age of 18 years are involved, the parties shall complete a four hour program entitled ''Seminar''. See ''Program Description'' following this Rule which describes the Seminar.

   (2)  In all custody proceedings filed on or after January 1, 1995, each complaint shall contain a second cover sheet in accordance with Local Rule 1915.15.

   (3)  In all divorce proceedings filed on or after January 1, 1995, where the parties have minor child(ren), each complaint shall contain a second cover sheet in accordance with Local Rule [1920.20] 1920.1.

   (4)  The Court Administrator will establish the dates the parties shall attend the Seminar. The Custody [Conciliators] Conference Officers will establish the date the parties shall attend their Custody [Conciliation] Mediation Conference.

   (5)  The moving party shall serve, with the applicable pleading, a copy of the Seminar Description and Order setting forth the date and location of the Seminar upon the responding party.

   (6)  Copies of this Rule and Program Description shall be available in the Office of the Prothonotary of the Court of Common Pleas of Dauphin County.

   (7)  In divorce actions, the moving party shall attend the Seminar within 45 days of filing an applicable action. The responding party shall attend the Seminar within 45 days of service of the pleading.

   (8)  In custody actions, [both] all parties must attend at least the first session of the Seminar prior to their Custody [Conciliation] Mediation Conference.

   (9)  Any request for an extension of time within which to complete the Seminar shall be made to the Provider.

   (10)  The fee for the Seminar is $25.00 per party, which must be submitted at the time of the initial Seminar. Payment shall be made by certified check, money order or cash. NOTE: No personal checks will be accepted. Any request for waiver or reduction of the fee shall be filed with the Court along with a verified affidavit of indigency or other proof of economic hardship, in accordance with Pa.R.C.P. 240 [and 1920.62] at least (5) days prior to the scheduled Seminar.

   (11)  No custody trial shall be held or order entered or divorce decree granted until both parties have completed the Seminar, unless the requirement is waived by the Court for good cause shown.

   (12)  Failure to comply with the Order may result in the dismissal of the action, striking of pleadings, or other appropriate action, including sanctions for contempt.

   These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

CLARENCE C. MORRISON,   
President Judge

[Pa.B. Doc. No. 96-208. Filed for public inspection February 16, 1996, 9:00 a.m.]

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