Title 255—LOCAL
COURT RULESDAUPHIN COUNTY Promulgation of Local Rules; No. 1793 S 1989
[46 Pa.B. 5726]
[Saturday, September 3, 2016]Order And Now, this 18th day of August 2016, Dauphin County Local Rule of Civil Procedure 1915.4-3 is promulgated as follows and Rule 1915.7(a), Rule 1915.15(c), Rule 1915.17 and Rule 205.2(a)(1)(n) are amended as follows:
Rule 1915.4-3. Non-Appearance at Custody Conference before a Custody Conference Officer.
If the Plaintiff/Petitioner or the Defendant/Respondent fails to appear, without proper cause shown, at a Conference before a Custody Conference Officer, 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. Failure to appear may also result in an interim order being entered.
1915.7. Agreements and Consent Orders.
(a) Agreements and consent orders filed contemporaneously with the custody complaint:
[6. Agreements shall not contain any provision relating to child support.
7.] 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 [and this may be obtained from the Court Administrator's Office] posted at www.dauphincounty.org/government/ Court-Departments/Self-Help-Center.
Rule 1915.15(c). 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 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. 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 [the] Custody Conference Officer _________________ , on _________________ , [the _____ day of ______ ,] 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 ______ [o'clock] M and the Defendant is scheduled to attend on ______ at ______ [o'clock] M. Any requests for rescheduling must be directed to the Seminar Provider and will be granted only upon cause shown. (See attached information regarding the Seminar [Provider brochure for additional information]).
FAILURE TO ATTEND THE SEMINAR MAY BE CONSIDERED AS CONTEMPT OF COURT PUNISHABLE BY FINE OR OTHER APPROPRIATE SANCTIONS INCLUDING UP TO SIX (6) MONTHS INCARCERATION.
