THE COURTS
Title 255—LOCAL COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[50 Pa.B. 1827]
[Saturday, March 28, 2020]
Order And Now, this 9th day of March, 2020, Dauphin County Local Rules of Civil Procedure 1910.4 and 1910.11.1 are rescinded and Dauphin County Local Rules of Civil Procedure 1910.11, 1915.4-2 and 1930 are amended as follows:
Rule 1910.11. Domestic Relations Cases—Demand for Hearing De Novo before the Court.
1. A Demand for Hearing De Novo before the Court, in accordance with Pa.R.C.P. 1910.11, shall be filed in the Domestic Relations Office.
2. A Demand for Hearing shall be substantially in the form set forth below and shall be accompanied by the following:
a. Prior Court Involvement Statement in accordance with Local Rule 1931. This form is available at https://www.dauphincounty.org/government/courts/self_help_center/index.php.
[b. Seminar Attendance Order, in the form set forth below in accordance with Local Rule 1930. This form is available at https://www.dauphincounty.org/government/courts/self_help_center/index.php.
c.] b. Self-Represented Party Entry of Appearance in accordance with Local Rule 1930.8 if the party filing the Demand for Hearing De Novo is not represented by counsel. This form is available at https://www.dauphincounty.org/government/courts/self_help_center/index.php.
[3. The Domestic Relations Office shall obtain from the Court Administrator's Office the dates to insert in the Seminar Attendance Order and prepare an Order for Court Hearing.
4. The Domestic Relations Office will mail the Seminar Attendance and Hearing Orders to all parties.
5.] 3. All Demands for Hearing De Novo shall be substantially in the following form. This form is available at https://www.dauphincounty.org/government/courts/self_help_center/index.php.
: IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff
: : PACSES CASE NUMBER : Defendant
: DOCKET NO.
DEMAND FOR HEARING DE NOVO BEFORE THE COURT 1. I _________________ am appealing the Order issued following my Domestic Relations Conference in the above-captioned case and demand a Hearing De Novo before the Court regarding the following:
Date of order: ______ Monthly Amount of Support Order $ _____.____
2. The reason(s) for my Demand for Hearing De Novo is/are as follows:
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
3. I have attached:
(a) Prior Court Involvement Statement (form available at https://www.dauphincounty.org/government/courts/self_help_center/index.php).
[(b) Seminar Attendance Order (form available at https://www.dauphincounty.org/government/courts/self_help_center/index.php).
(c)] (b) Self-Represented Party Entry of Appearance (form available at https://www.dauphincounty.org/government/courts/self_help_center/index.php).
4. I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: (Use reverse side if you need more space)
Name _________________ Address _________________
Name _________________ Address _________________
Signature of person requesting the Hearing or their attorney:
_____________________________________
Print Name: _________________ Date: ______
Rule 1915.4-2. Custody Conference Officers.
(a) Custody Conference Officers shall be appointed by the Court to meet with the parties and their legal counsel in a custody action to conciliate the matter, attempt to resolve issues and reach an agreed Parenting Plan/Custody Order and/or if this cannot be accomplished, to define and narrow the issues to be heard by a Judge.
(b) The compensation of Custody Conference Officers shall be set by order of court by the President Judge.
(c) Custody Conference Officers—Not Witnesses.
1. To facilitate the conference 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 a Custody Trial before the Court.
2. The Custody Conference Officer shall not be a witness for or against any party in a Custody Trial before the Court or in any other proceeding whatsoever absent Court Order.
(d) Agreement of Parties at Conciliation Conference.
(1) If the parties are able to reach an agreement during the Custody Conference, the Custody Conference Officer shall prepare a proposed Parenting Plan and Custody Order memorializing the agreement.
(2) At the conclusion of the Conference, even if the parties have reached an agreement, if any of the parties have not attended the Seminar within the past twelve (12) months, the Custody Conference Officer shall serve them with another Order setting forth the new dates for their attendance and direct that they file their Certificates of Completion of the Seminar with the Prothonotary following which the Court will sign their Parenting Plan/Custody Order.
(3) The Custody Conference Officer may also recommend that [paramours or] other adults who have a strong role in the parenting of the child(ren) should attend the Seminar.
(4) The Proposed Parenting Plan and Order shall be submitted to a Family Court Judge. If a Family Court Judge has previously handled any of the parties' prior contested family law matters, it will be submitted to that Judge.
(5) If approved and signed by the Court, the Parenting Plan/Custody Order shall be filed by the Court Administrator's Office with the Prothonotary and copies shall be mailed to all parties by the Court Administrator's Office.
(e) No Agreement.
1. If the parties are unable to reach an agreement during the Custody Conference, the Custody Conference Officer shall prepare a Conference Summary Report for the Court which shall include the following:
(a) All relevant information gathered by the Custody Conference Officer during the conference.
(b) A summary of the contested issues to be decided by the Court.
(c) Whether or not the parties have filed the required attachments pursuant to Local Rule 1915.3(b) and if not, the dates within which the parties have to comply and attach a recommended order providing the due date for the following:
(1) Seminar Attendance Certificates;
(2) Prior Court Involvement Statement;
(3) Criminal History and Abuse Verification;
(4) Proposed Parenting Plan;
(5) Self-Represented Party Entry of Appearance if not represented by legal counsel.
(d) List any criminal or abuse history on the parties' Criminal History and Abuse Verification warranting the Court to immediately order an Evaluation pursuant to 23 Pa.C.S.A. § 5329 or § 5330.
(e) Summarize any mental health or drug or alcohol problems raised at the Conference and recommend whether the Court should order an evaluation pursuant to Pa.R.C.P. 1915.8.
(f) Any recommendation that the court order the parties to re-attend the Seminar, even if they have attended the Seminar within twelve (12) months of the Conference.
(g) Any recommendation that [paramours or] other adults who reside in the household or have a strong role in the parenting of the child(ren) should attend the Seminar
(h) Any agreed Interim Parenting Plan/Custody Order.
(i) A list of the names and relationships of all persons who reside in each parties' household.
(j) Any reports from appropriate agencies/experts.
(k) Whether independent counsel should be appointed for the child(ren).
(l) The present status of the custody of the child(ren).
(m) Any existing Parenting Plan/Custody Order.
2. The Court Administrator's Office shall file the Conference Summary Report with the Prothonotary and copies shall be mailed to all parties by the Court Administrator's Office.
3. The Court Administrator's Office shall promptly forward the Conference Summary Report and file to the assigned judge.
4. If the parties do not reach an agreement at the Custody Conference, the case will be assigned to a Family Court Judge.
5. As a general rule, if a Judge has handled a contested family law case for that family, the matter will be assigned to that Judge.
[(f) The Custody Conference Officer may determine that paramours or other adults who reside in the household or have a strong role in the parenting of the child(ren) should attend the Seminar.]
Rule 1930. Mandatory Four Hour Educational Seminar.
(a) In all Custody[, Divorce or Annulment actions in which the parties have children under the age of 18 and where a Demand for Hearing De Novo Before the Court involving child support has been filed, except for the exclusions listed below] actions, the parties shall complete a four hour educational seminar (Seminar for Families in Change and Conflict) if a party has not attended the Seminar in the prior twelve (12) months and in such other cases as the Court may order.
[(b) In Divorce or Annulment actions in which the parties have children under the age of 18, the Plaintiff shall attend the Seminar within forty five (45) days of filing and the Defendant shall attend the Seminar within forty five (45) days from service of the complaint.
(c)] (b) In custody actions, other than Petitions for Special Relief (Emergency Custody Petitions) [and Contempt], Petitions for Contempt, or when a stipulation is filed simultaneously with a Custody Complaint, all parties must attend the Seminar before the date of their Custody Conference.
[(d)] (c) In a Petition for Contempt or a Petition for Special Relief (Emergency Custody) or other similar Custody actions, the parties shall attend the Seminar as ordered by the Court.
[(e) In Demands for Hearing De Novo Before the Court involving child support, the parties shall attend the Seminar prior to the hearing before the Court except in Children and Youth Appeals, emancipation cases and cases where the obligor has no assets.
(f)] (d) The fee for the Seminar must be submitted to the Provider on the date of attendance in accordance with the instructions contained in the information sheet provided to all parties with their Seminar Attendance Order.
[(g)] (e) If the parties have not attended the Seminar prior to their Custody Conference, the Custody Conference Officer shall provide the party with another date or time to attend the Seminar and such Order will be filed with the Prothonotary's Office.
[(h)] (f) If the Custody Conference Officer recommends that it would be in the child(ren)'s best interests for [a party's paramour or other] another adult who resides in the household or has a strong role in the parenting of the child(ren) to attend the Seminar, the Court may enter an Order requiring their attendance at the Seminar.
[(i) No Parenting Plan/Custody Order will be entered or Divorce or Annulment Decree granted in cases where the parties have children under the age of eighteen (18) until all parties have completed the Seminar, unless this requirement is waived by the Court for good cause shown.
(j)] (g) Failure to attend the Seminar may be considered as Contempt of Court punishable by fine and other appropriate sanctions.
The above amendments shall be published in the Pennsylvania Bulletin and will become effective thirty (30) days from the date of publication.
By the Court
JOHN F. CHERRY,
President Judge
[Pa.B. Doc. No. 20-441. Filed for public inspection March 27, 2020, 9:00 a.m.]
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