THE COURTS
Title 255—LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[47 Pa.B. 825]
[Saturday, February 11, 2017]
Order And Now, this 26th day of January 2017, Dauphin County Local Rules 1910.11.1, 1915.15(c), 1920.1, and 1920.43 are amended as follows:
Rule 1910.11.1.
The Educational Parenting Seminar Attendance Order shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : PACSES CASE NUMBER: : Defendant : DOCKET NO.
EDUCATIONAL PARENTING SEMINAR ATTENDANCE ORDER All parties are ORDERED to attend a four hour educational parenting seminar (Seminar) and file the Certificate of Attendance you will receive at the Seminar at the Domestic Relations Office prior to your hearing before the Court.
The Plaintiff shall attend on ______ at _____ ____M [o'clock] and the Defendant shall attend on ______ at _____ ____M [o'clock]. Any requests for rescheduling must be directed to the [Provider and will be granted only upon cause shown] provider of the Seminar and you will be required to attend the next available Seminar. (See attached [Provider brochure] information sheet for additional information).
You MUST attend and complete the Seminar prior to your Hearing before the Court.
[Failure to attend and complete the Seminar may be considered as Contempt of Court punishable by fine and other appropriate sanctions including up to six (6) months incarceration.]
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 THE FINDING OF CONTEMPT OF COURT PUNISHABLE BY FINE AND OTHER APPROPRIATE SANCTIONS.
Rule 1915.15(c). Educational Parenting 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] an Educational Parenting 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.
EDUCATIONAL PARENTING 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 Custody Conference Officer ______ on ______ , 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 _____ ____M and the Defendant is scheduled to attend on ______ at _____ ____M. Any requests for rescheduling must be directed to the [Seminar Provider and will be granted only upon cause shown] provider of the Seminar and you will be required to attend the next available Seminar. (See attached information sheet regarding the Seminar).
[ATTEND THE SEMINAR MAY BE CONSIDERED AS CONTEMPT OF COURT PUNISHABLE BY FINE, OTHER APPROPRIATE SANCTIONS INCLUDING UP TO SIX (6) MONTHS INCARCERATION.] 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 THE FINDING OF CONTEMPT OF COURT PUNISHABLE BY FINE AND OTHER APPROPRIATE SANCTIONS.
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 FEES AND COSTS. 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] (717) 780-6624 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.
[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]
IF YOU DO NOT HAVE A LAWYER AND WANT A LAWYER TO REPRESENT YOU, IMMEDIATELY CONTACT MIDPENN LEGAL SERVICES AT (717) 232-0581 TO OBTAIN LEGAL REPRESENTATION OR REFERRAL TO THE DAUPHIN COUNTY BAR ASSOCIATION LAWYER REFERRAL.
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] (717) 780-6608. All arrangements must be made at least 72 hours prior to any hearing or conference.
Rule 1920.1. Form of Complaint.
(1) In addition to the information required by Pa.R.C.P. 1920.12, each Divorce or Annulment Complaint 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 and their names and ages are as follows:
(2) A Divorce or Annulment Complaint or Counterclaim which includes a count for custody shall contain the attachments set forth in Local Rule 1915.3 and follow all other Custody action procedures.
(3) A Divorce or Annulment Complaint which does not include a count for custody, where the parties are parents of children under the age of eighteen (18), shall include the following Educational Parenting Seminar Scheduling Order.
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION : Defendant : NO.
EDUCATIONAL PARENTING SEMINAR
SCHEDULING ORDERAll parties are ORDERED to attend a four hour educational parenting seminar (Seminar) and file with the Prothonotary the Certificate of Attendance you will receive at the Seminar. The Plaintiff is scheduled to attend on ______ at ____M [o'clock] and the Defendant is scheduled to attend on ______ at ____M [o'clock]. Any requests for rescheduling must be directed to the [Provider and will be granted only upon cause shown] provider of the Seminar and you will be required to attend the next available Seminar. (See attached [Provider brochure] information sheet for additional information).
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 OF COURT PUNISHABLE BY FINE AND OTHER APPROPRIATE SANCTIONS. [INCLUDING UP TO SIX (6) MONTHS INCARCERATION.]
If you fail to attend this seminar, no divorce decree will be granted where there are children under the age of 18 until both parties attend the Seminar.
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] may at the court's discretion 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 Court may direct the Divorce Master to address the issues in dispute. In that event, the moving party shall file an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the $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.
(d) At any point after the Divorce Complaint has been filed, a party may request the appointment of the master to address discovery by filing an original and a copy of a Motion for Appointment of Master with the Prothonotary together with the $75.00 administrative fee in accordance with Dauphin County Local Rule 1920.51.
These amendments shall be effective thirty (30) days from date of publication.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 17-227. Filed for public inspection February 10, 2017, 9:00 a.m.]
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