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PA Bulletin, Doc. No. 97-1387

THE COURTS

DAUPHIN COUNTY

Promulgation of New Rules 1915.15 and 1930; No. 1793 S 1989

[27 Pa.B. 4429]

Order

   And Now, this 12th day of August, 1997, it is hereby ordered that Dauphin County Rules of Civil Procedure 1915.15, 1920.1, and 1930 are rescinded in their entirety. New Rules 1915.15 and 1930 are promulgated as follows:

Rule 1915.15.  Form of Complaint.

   In addition to the information required by Pa.R.C.P. 1915.15(a) each complaint or Motion for Hearing relating to child custody or visitation shall contain a second cover sheet substantially in the following format:

:IN THE COURT OF COMMON PLEAS
:DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff:
:CIVIL ACTION
:CUSTODY/VISITATION
:
Defendant:NO.

ORDER OF COURT

   AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, on the _____ day of ______ , ______ , at a Pre-Hearing Custody Conference. At such Conference, an effort will be made to 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. All children age five or older shall also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order.

FOR THE COURT:

Date ______
By ______ Custody Conference Officer

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

Rule 1930.  Seminar for separating parents in contested custody matters.

   1.  In all divorce and custody proceedings filed on or after October 1, 1997, and in such other cases as the Court shall direct, where the interests of children under the age of 18 years are involved and the issue of custody and/or visitation remains in dispute and unresolved following a custody conference, the parties shall complete a program entitled ''Seminar.''

   2.  The Court Administrator, in conjunction with the provider, shall establish the dates the parties shall attend the Seminar and shall forward the file to the assigned judge in accordance with D.C.R.C.P. 1915.3C(2).

   3.  Both parties shall attend the Seminar prior to the date of the court hearing.

   4.  Any request for an extension of time within which to complete the Seminar shall be made to the provider and/or the assigned Judge.

   5.  The fee for the Seminar shall be determined by the provider and must be paid prior to 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 and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship, in accordance with Pa.R.C.P. 240, at least five days prior to the scheduled Seminar.

   6.  The requirements to attend the seminar may be waived if:

   (a)  the parties agree, subject to the approval of the Court, not to participate in the Seminar;

   (b)  The Court, on motion, determines that participation is not necessary; or

   (c)  the parties select and participate in a comparable parenting education program.

   7.  No hearing or trial shall be delayed or court action withheld because of the failure of a party to attend the Seminar.

   8.  Failure to comply with this Rule may result in the dismissal of the action, striking of pleadings, or other appropriate remedy including sanction for contempt and attorneys fees.

   9.  Should a party fail to attend the Seminar, the Court may sua sponte bring a contempt action against a non-complying party. A party who has complied with the Rule shall not be required to either bring the contempt action or appear at any contempt proceeding.

   10.  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.

   These amendments shall be effective October 1, 1997.

By the Court

CLARENCE C. MORRISON,   
President Judge

[Pa.B. Doc. No. 97-1387. Filed for public inspection August 29, 1997, 9:00 a.m.]


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