Philadelphia Cnty. C.P. CP-Family Division-Domestic Relations (introduction)

First Judicial District of Pennsylvania

Court of Common Pleas of Philadelphia County

Family Division

Local Rules

Rev. 4-08-2019

i.

PHILADELPHIA COUNTY COURT OF COMMON PLEAS

FAMILY DIVISION LOCAL RULES

TABLE OF CONTENTS

Protection from Abuse

Rule 1901.9 Presence of Domestic Violence Counselor/Advocate in Proceedings ….Pg. 2

Rule 1901.10 Evidence. Medical Records, Affidavits of Repair, Statements of Lost

Actions for Custody and Visitation

Actions for Divorce and Annulment of Marriage

Rule 1920.42 Documents required to be filed in Divorce Actions under

Rules Relating to Domestic Relations Matters Generally

Administrative Regulations

Forms: Available at www.philacourts.us/forms

Note: Unless otherwise noted, all Family Division Local Rules were adopted on May 15, 2014,

promulgated on May 23, 2014 by P.J. GCR 2014-01, were published in the Pennsylvania

Bulletin on June 7, 2014, and became effective on July 7, 2014.

PROTECTION FROM ABUSE

Rule 1901.1 Scope.

The rules of this chapter shall govern all civil actions or proceedings brought in the Court of

Common Pleas for Philadelphia County under the Protection from Abuse Act. 23 Pa.C.S. § 6101 et

seq., and shall be cited as “Phila.DR.R.”

Rule 1901.2 Scheduling. Co ntinuances.

Cases shall be scheduled consistent with Pa.R.C.P. 1901.2. Upon application of any party or by

agreement of the parties, the Court may grant a continuance for good cause shown. Upon the granting

of a continuance, the temporary order shall remain in effect unless otherwise ordered.

Rule 1901.3 Emergency Orders. Master for Emergency Relief

(a) A party may seek emergency relief pursuant to 23 Pa.C.S. §6110 by filing a petition with the

Emergency Hearing Master presiding at the Justice Juanita Kidd Stout Center for Criminal Justice,

1301 Filbert Street, Philadelphia, PA whenever the Court of Common Pleas is unavailable.

(b) For the purposes of this Rule, the Court of Common Pleas is unavailable from the close of

business at the end of each day to the resumption of business the next morning or from the end of

the business week to the beginning of the next business week.

(c) Emergency Protection from Abuse Unit staff shall assist the plaintiff in filling out the necessary

forms.

(d) The Emergency Hearing Master on duty shall review the petition for emergency relief and, when

appropriate, grant an emergency order.

(e) The Emergency Hearing Master shall advise the plaintiff that the emergency order will

automatically be certified to the Family Division of the Court of Common Pleas for a hearing before

the assigned Court of Common Pleas Judge.

(f) When an emergency order is certified, the case shall be scheduled for hearing before the assigned

Court of Common Pleas Judge within ten business days from the date on which the petition was

filed.

(g) All certified emergency orders shall continue in effect until review by the assigned Court of

Common Pleas Judge on the next business day.

(h) At the beginning of the next business day, all certified emergency orders and accompanying

petitions shall be delivered to the Domestic Violence Unit, Family Division, which shall arrange for

docketing and delivery to the assigned Court of Common Pleas Judge for prompt review. After

review, the Judge shall enter temporary orders where necessary to protect the plaintiff and/or minor

children until the scheduled hearing.

(i) The Philadelphia Police Department shall assist the plaintiff or any other competent adult in

serving the petition and emergency order on the defendant. The notice to defend which shall

accompany the petition for an emergency order shall advise the parties of how they may learn

whether a temporary order has been issued and if so how they may obtain a copy of that order.

Rule 1901.9 Presence of Domestic Violence Counselor/Advocate in Proceedings.

(a) Upon request of a plaintiff, the Court shall allow a domestic violence counselor/advocate who

has accompanied the plaintiff to Court to be present in the courtroom throughout the proceedings.

(b) Where a plaintiff is unrepresented by counsel, th e domestic violence counselor/advocate may

provide assistance to the plaintiff in his or her presentation of the facts relevant to the action.

(c) A domestic violence counselor/advocate is an individual who is engaged in a domestic violence

program, who provides services to victims of domestic violence, who has undergone 40 hours of

training and who is under the control of a direct services supervisor of a domestic violence program,

the primary purpose of which is the rendering of counseling or assistance to victims of domestic

violence.

Rule 1901.10 Evidence. Medical Records, Affidavits of Repair, Statements of Lost Earnings.

The Court shall receive into evidence without further proof copies of bills, hospital and physician

reports, and all other records of licensed health care providers which are offered to substantiate

claims of personal injury stemming from domestic abuse. The Court shall also receive into evidence

without further proof copies of bills, records, reports, affidavits of repair, estimates of value,

statements of lost earnings and similar documentation offered to substantiate any other reasonable

losses suffered as a result of the abuse. Upon a proper showing, the Court may continue the hearing

to allow any other party to subpoena the person whose testimony is waived by this rule to appear at

a later hearing at which time any adverse party may cross-examine him/her as to the document as if

he/she were a witness for the party offering the document.

Rule 1901.11 Order by Consent. Consent Agreement.

(a) The parties may agree to the entry of a final order by consent.

(b) The consent agreement shall contain only those terms directly related to Protection From Abuse

Act issues which are properly before the Court of Common Pleas.

(c) A consent agreement shall be signed by both parties. If the parties are represented, counsel shall

witness their signatures.

(d) The signed consent agreement may be submitted to the Court at the hearing.

Rule 1901.12 Order by Default. Bench Warrant.

If a defendant who was properly served fails to appear in Court at the time of the hearing, the Court,

in its discretion, may issue a bench warrant for the arrest of the defendant, or it may enter a final

order by default, granting the plaintiff such relief as is proper under the Act.

Rule 1905.1 Bilingual Forms.

Bilingual forms shall be made available to litigants with limited English proficiency in the Spanish

language, and in other languages, as the need arises.

ACTIONS FOR CUSTODY AND VISITATION

Rule 1915.11-1. Parenting Coordination

(a) Appointment of a Parenting Coordinator.

(1) If the parties agree on a Parenting Coordinator or if the Court deems

one necessary, an order will be entered in accordance with Pa.R.C.P.

No. 1915.22.

(2) If the parties cannot agree on the selection of a Parenting Coordinator, the

Court shall require each party to identify their choice(s) along with the

hourly rate of each to all parties. If the parties cannot agree, the Court will

select a Parenting Coordinator. The roster of the Court's approved

Parenting Coordinators and their stated hourly rates shall be posted at

http://www.courts.phila.gov/

(3) Any party seeking a pro bono appointment under section (d) (3) below must

file with the Clerk of Family Court a Petition to Proceed In Forma Pauperis

for the appointment of a Parenting Coordinator within three (3) days of the

appointment order absent good cause shown. The In Forma Pauperis form

can be found at www.philacourts.us.

(b) Roster of Approved Parenting Coordinators.

An attorney or mental health professional seeking to be included on the

Philadelphia County Court's roster of qualified individuals to serve as a Parenting

Coordinator shall submit an affidavit to the Administrative Family Court Judge or

her/his designee together with the following:

(1) An affidavit attesting the applicant has qualifications found in Pa.R.C.P.

No. 1915.11-1;

(2) An acknowledgment the applicant h a s r e a d the Association of Family and

Conciliation Courts (AFCC) Parenting Coordinator guidelines and the American

Psychological Association (APA) Parenting Coordinator Guidelines; AFCC

Parenting Coordinator guidelines are posted at

https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.pdf

and the APA Parenting Coordinator Guidelines are posted at

https://www.apa.org/pubs/journals/features/parenting-coordination.pdf; and

(3) An acknowledgment that for every 2 fee generated Parenting

Coordination assignments, he or she must accept one pro bono assignment

(up to 12 hours per pro bono case).

(c) Parenting Coordinator Recommendations

(1) Parenting Coordinators shall file their Summary and Recommendations with the

Clerk of Family Court within two (2) days after the last communication with the

parties on the issues in accordance with Pa.R.C.P. No. 1915.11-1 (f)(2).

(2) Objections to Parenting Coordinator's Recommendation(s) and Petition for a

Record Hearing.

a. A party objecting to the Recommendations must file with the Clerk of

Family Court an original and copy of their Objections and a Petition for a

Record Hearing before the Court within five days of service of the

Summary and Recommendations together with a Proof of Service upon all

parties and the Parenting Coordinator.

b. The Clerk of Family Court shall promptly forward the original Objections

and Petition to the Administrative Family Court Judge’s Office for

assignment to the parties' Family Court Judge to promptly schedule a

record hearing. If the matter is an emergency or time-sensitive and the

assigned Family Court Judge is not available, the matter will be assigned

to the Emergency Custody Judge to conduct a record hearing.

(3) Court Review of Parenting Coordinator's Recommendations.

If no objections to the Parenting Coordinator's Recommendation are filed with the

Clerk of Family Court within five days of service of the Summary and

Recommendation, the Clerk of Family Court s h a l l transmit the file to the

Administrative Family Court Judge’s Office to be assigned to the appointing Judge,

if available, within a reasonable time, otherwise to any Family Court Judge for

review of the Recommendation in accordance with Pa.R.C.P. N o. 1915.11-

1(f)(4).

(d) Fees

Parties who request the appointment of a Parenting Coordinator or who are identified by

the Court as benefiting from the appointment of a Parenting Coordinator shall pay the

Parenting Coordinator as follows:

(1) His or her hourly rate, which may be up to $300.00 an hour; provided, however, if

the parties combined monthly net income exceeds the mandatory minimum set

forth in the Support Guidelines at Pa.R.C.P. No. 1910.16-2 (e) (2) (currently

$30,000 per month), the Court may adjust the hourly rate;

(2) Absent good cause, each party shall pay up to $500 as an initial retainer ($1,000.00

total) which may be reallocated as deemed appropriate by the Parenting

Coordinator or the Court. See Pa.R.C.P. No. 1915.22, Order at ¶ 8.

(3) If a party is granted In Forma Pauperis status by the Court specifically for the

appointment of a Parenting Coordinator, the Parenting Coordinator so appointed

shall serve on a pro bono (no fee) basis, up to 12 hours.

(4) A Parenting Coordinator must accept one pro bono appointment for every two fee

generating appointments.

(e) Philadelphia County, through its Administrative Family Court Judge, has entered into a

Five County Compact on Parenting Coordination with Chester County, Montgomery

County, Delaware County and Bucks County. The terms of that Compact are

incorporated herein, and a copy is annexed hereto.

Note: Adopted by the Board of Judges on February 28, 2019, promulgated on

March 25, 2019 by P.J. GCR No. 06 of 2019, Published in the Pennsylvania

Bulletin on April 6, 2019; effective May 6, 2019.

PARENTING COORDINATION PROGRAM

FIVE COUNTY COMPACT

BUCKS, CHESTER, DELAWARE, MONTGOMERY & PHILADELPHIA

An attorney or mental health professional seeking to be included on the roster of qualified individuals

to serve as a Parenting Coordinator in a member County shall submit a letter to the Administrative

Judge of the Family Division of one of the member Counties together with the following:

1. Completion of the approved Form Affidavit attesting the applicant has the qualifications as set

forth in Pa.R.C.P. No. 1915.11-1 (b) “Qualifications of the Parenting Coordinator”.

2. The following criteria shall apply to the qualifications:

A. Five hours in the parenting coordination process since August 9, 2018; provided that at least

2 of the 5 hours must be specific to Pennsylv ania parenting coordination practice and

procedure;

B. Ten hours of family mediation training within the last 10 years (an applicant with 40 hours

of mediation training beyond 10 years may satisfy this requirement by verifying the 40 hours

of training and significant family mediation practice within the last 10 years);

C. Five hours of training in domestic violence within the past 2 years;

D. Verification of current professional liability insurance via copy of said policy’s

coversheet/declaration page (which includes the provision of parenting coordination

services);

E. Acknowledgement of responsibility to accept pro bono assignments for every 2 paid

assignments;

F. Verification of Pennsylvania Act 33 child abuse and Act 34 criminal history clearances

within the past two (2) years via copies of same;

G. Acknowledgement that the applicant has read the Association of Family and Conciliation

Courts (AFCC) Parenting Coordination Guidelines and the American Psychological

Association (APA) Parenting Coordination Guidelines.

AFCC and APA Parenting Coordinator Guidelines are posted at:

https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.pdf

https:/www.apa.org/pubs/journals/features/parenting-coordination.pdf

3. Appointments for pro bono assignments shall be made on a rotating basis by each Court on the

list maintained by that County. Each parenting coordinator must accept one (1) pro bono

appointment for every two (2) fee-generating appointments in a county.

4. There shall be a twelve (12) hour ma ximum per year on each pro bono case assigned to a

parenting coordinator.

5. Each Parenting Coordinator on the roster shall be required to notify the Court Administration of

the applicable County, after they have received two fee generating cases in that County, in order

to facilitate the appointment of a pro bono case. The failure to affirmatively report this

information by a Parenting Coordinator or to accept a pro bono assignment may subject them to

removal from the roster. If a Parenting Coordinator is removed from the roster of a member

County for this purpose, they shall share this information with the other member counties.

6. Fees:

A. The hourly rate shall not exceed $300.00 an hour subject to the following exceptions:

a. If the parties combined monthly net income exceeds the mandatory minimum set

forth in the Support Guidelines at 1910/16-2 (e) (2) (currently $30,000 per month),

the Court may adjust the hourly rate;

b. If a party is granted In Forma Pauperis (IFP) status by the Court for the parenting

coordination process.

B. The maximum initial retainer that may be requested shall be $1,000.

7. Upon being added to the roster of one Member County, a parenting coordinator may be added

to the roster of another member County by submitting a letter requesting same with a copy of

the approval that was obtained from another member County.

8. A Judge appointing a parenting coordinator may be guided by the parties/counsel in the selection

of a specific parenting coordinator from the County roster (and/or shall otherwise select one from

the roster).

9. Each Member County shall establish a Committee to review and consider complaints received

about a parenting coordinator and shall recommend removal of a parenting coordinator from the

roster of that County for good cause. All complaints received and dispositions of same shall be

shared with the other member Counties.

10. The aforementioned review Committee shall consist of the following: Family Court

Administrative Judge (or their designee); the Judge who appointed the parent coordinator at issue

(or their designee); Court Administrator representative, one family law attorney (from the roster

of parenting coordinators) and one mental health professional (from the roster of parenting

coordinators).

FORM AFFIDAVIT ATTACHED

APPLICATION TO BE CONSIDERED FOR APPOINTMENT AS A PARENTING

AFFIDAVIT – ATTORNEY

that I possess the minimum qualifications to serve as a Parenting Coordinator as established by

Pa.R.C.P. 1915.11-1(b) and the 5 County Compact entered into by Philadelphia, Bucks,

Montgomery, Delaware and Chester Counties, as follows:

discipline, provide details on separate sheet).

2. I have obtained the special training required by the Rule, and have attached

verification for each training:

___ hours in the Parenting Coordination process, of which 2 or more hours were

specific to Pennsylvania PC practice.

___ hours of Family mediation (or hours of non-specific mediation training and

hours of Family Mediation conducted).

___ hours of Domestic Violence training.

period after March 1, 2019, I must take a minimum of 10 additional continuing

education credits, of which at least 2 must be on domestic violence.

coverage expressly covers me for serving as a Parenting Coordinator. The

Declaration page showing the foregoing is attached.

charge less), nor require more than a $1000 initial retainer. My hourly rate for

generating appointments in this judicial district/county, up to 12 hours per pro

bono case. I understand that it is my responsibility to advise the court upon

acceptance of the second appointment. I further understand that failing to

accept a pro bono assignment or to notify the Court is grounds for removal from

the roster maintained by this county, and that any removal shall be communicated

to the member counties enrolled in the 5 County Compact.

authority and the procedures which I must follow when appointed as a Parenting

Coordinator.

I acknowledge that I have read the Guidelines for Parenting Coordination

promulgated by the American Psychological Association and Association of

Family and Conciliation Courts.

https://www.apa.org/practice/guidelines/parenting-coordination

https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.

pdf

https://www.apa.org/pubs/journals/features/parenting-coordination.pdf

complaints and reporting among the member counties.

I swear or affirm that the foregoing statements are true and correct.

APPLICANT:

FOR OFFICIAL USE ONLY

Yes No

If No, state reasons:

J.

APPLICATION TO BE CONSIDERED FOR APPOINTMENT AS A PARENTING

AFFIDAVIT - MENTAL HEALTH PROFESSIONAL

that I possess the minimum qualifications to serve as a Parenting Coordinator as established by

Pa.R.C.P. 1915.11-1(b) and the 5 County Compact entered into by Philadelphia, Bucks,

Montgomery, Delaware and Chester Counties, as follows:

subject to discipline, provide details on separate sheet).

custody matters, as follows (or attach CV):

3. I have obtained the special training required by the Rule, and have attached

verification for each training:

___ hours in the Parenting Coordination process, of which 2 or more hours were

specific to Pennsylvania PC practice.

___ hours of Family mediation (or hours of non-specific mediation training and

hours of Family Mediation conducted).

___ hours of Domestic Violence training.

period after March 1, 2019, I must take a minimum of 10 additional continuing

education credits, of which at least 2 must be on domestic violence.

coverage expressly covers me for serving as a Parenting Coordinator. The

Declaration page showing the foregoing is attached.

charge less), nor require more than a $1000 initial retainer. My hourly rate for

generating appointments in this judicial district/county, up to 12 hours per pro

bono case. I understand that it is my responsibility to advise the court upon

acceptance of the second appointment. I further understand that failing to

accept a pro bono assignment or to notify the court is grounds for removal from

the roster maintained by this county, and that any removal shall be

communicated to the member counties enrolled in the 5 County Compact.

authority and the procedures which I must follow when appointed as a Parenting

Coordinator.

I acknowledge that I have read the Guidelines for Parenting Coordination

promulgated by the American Psychological Association and Association of

Family and Conciliation Courts.

https://www.apa.org/practice/guidelines/parenting-coordination

https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew

.pdf

https://www.apa.org/pubs/journals/features/parenting-coordination.pdf

complaints and reporting among the member counties.

I swear or affirm that the foregoing statements are true and correct.

APPLICANT:

FOR OFFICIAL USE ONLY

Yes No

If No, state reasons:

J.

ACTIONS FOR DIVORCE AND ANNULMENT OF MARRIAGE

Rule 1920.1 Scope

The rules of this chapter shall govern all civil actions or proceedings brought in the Court of

Common Pleas for Philadelphia County under the Divorce Code 23 Pa.C.S.§3101 et seq., and shall

be cited as “Phila.DR.R.”

Rule 1920.4 Service

(a) Upon good cause shown, the Court may enter a special order directing service by ordinary mail

directed to defendant's last known residence or other address.

(b) The requirements of good cause shall be satisfied upon the filing of an affidavit by plaintiff

setting forth the extent of unsuccessful efforts to make service if the address is known, or the nature

and extent of a good faith investigation made to ascertain the present residence and whereabouts of

a defendant whose whereabouts are unknown.

(1) Such affidavit shall set forth the following information:

(i) the time and place at which the parties last resided together as spouses;

(ii) the last time the parties were in contact with each other, and the defendant's address and

telephone number at that time;

(iii) the name and address of the last employer of the defendant either during the time the

parties resided together or at a later time, if known to the plaintiff;

(iv) the names and addresses and relationship to defendant of those relatives known to be

close to the defendant;

(v) proof that inquiry has been made of applicable voter registration records in an effort to

ascertain the address of the defendant;

(vi) any other information which could furnish a fruitful basis for one truly bent on learning

the present whereabouts of the defendant;

(vii) such affidavit should detail the particular efforts made to ascertain the defendant's

present address and to effect service.

(2) A petition seeking such relief shall be filed with the Court requesting entry of a special order

for service. The proposed order accompanying such Petition shall set forth the specific address

at which counsel or unrepresented party will serve process on the defendant by regular mail. No

hearing shall be held on such Petition unless the Court directs otherwise.

(c) When service of the Complaint in Divorce is made by registered mail, or by Acceptance of

Service pursuant to Pa.R.C.P. 402(b), service shall not be deemed complete unless (1) the signature

on the return receipt or on the Acceptance of Service form is identified to be that of the defendant

by affidavit or verification of the plaintiff or other person familiar with said signature, o r (2) where

service is accepted by an unauthorized agent of the defendant, an affidavit or verification as to the

identity of the agent and his or her relationship to the defendant.

Rule 1920.42 Documents required to be filed in Divorce Actions under Section 3301(c)

and Section 3301(d) of the Divorce Code.

(a) Unless previously filed of record, the following documents shall be filed along with the Praecipe

to Transmit Record after all economic claims of record have been resolved or withdrawn:

(1) if the a ction is brought under Section 33 01(c), the A ffidavits required under Pa.R.C.P.

1920.42(a)(1);

(2) if the action is brought under Section 3301(d), th e Affidavit required under Pa. R.C.P.

1920.42(a)(2);

(3) an Affidavit of Service as to the Complaint;

(4) i n the case of actions brought under Section 33 01(d), an Affidavit of Service as to th e

Affidavit required under Pa.R.C.P. 1920.42(a)(2);

(5) a proposed Final Decree in Divorce;

(6) if the proposed Final Decree in Divorce purports to incorporate a written agreement between

the parties, a true and correct copy of the fully executed agreement;

(7) a stamped pre-addressed envelope addressed to the counsel of each represented party or, if

unrepresented, to each unrepresented party;

(8) if the Defendant has failed to appear or has not filed an Affidavit of Consent in the action, an

Affidavit of Non-Military Service;

(9) a copy of the Notice of Intent to File Praecipe that was earlier sent to the opposing party or

to his or her counsel of record; and

(10) current docket entries.

(b) The aforesaid procedure is only applicable in all cases under Section 3301 (c) and Section

3301(d) where all issues between the parties have been resolved. The party filing the Praecipe may

withdraw a claim by so noting on the Praecipe to Transmit Record. Any outstanding claims by the

opposing party may o nly be withdrawn by a separate P raecipe signed by that party or his attorney

of record. If any claims are not specifically withdrawn or resolved by attached written agreement,

the case must be referred to a Master for disposition (unless bifurcated by Order of Court).

(c) If a Praecipe to Transmit is defective, the Clerk of the Family Court may require that a corrected

Praecipe be filed, preceded by notification to the opposing party. No additional filing fee need be

paid when the corrected Praecipe is filed.

(d) In a case proceeding under Section 3301(c), if any objection is filed to the Praecipe to Transmit

Record, the following procedure shall be followed: