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 1901.1 Scope……………………………………………………………………Pg. 1

Rule 1901.2 Scheduling. Continuances………………………………………………Pg. 1

Rule 1901.3 Emergency Orders. Master for Emergency Relief……………………...Pg. 1

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

Earnings…………………………………………………………………Pg. 2

Rule 1901.11 Order by Consent. Consent Agreement…………………………………Pg. 2

Rule 1901.12 Order by Default. Bench Warrant………………………………….……Pg. 2

Rule 1905.1 Bilingual Forms…………………………………………….……………Pg. 2

Actions for Custody and Visitation

Rule 1915.11-1 Parenting Coordination …………………………………………………Pg. 3

Parenting Coordination Five County Compact …………………………Pg. 6

Actions for Divorce and Annulment of Marriage

Rule 1920.1 Scope…………………………………………………………………….Pg.12

Rule 1920.4 Service…………………………………………………………………..Pg. 12

Rule 1920.42 Documents required to be filed in Divorce Actions under

Section 3301(c) and Section 3301(d) of the Divorce Code………...……Pg. 13

Rule 1920.51 Proceedings before Master in Divorce…………………………..……….Pg. 15

Rules Relating to Domestic Relations Matters Generally

Rule 1930……………………………………………………………………………………..….Pg. 19

Entry of Appearance forms ………………………………………………………..…………….Pg. 20

Administrative Regulations

Administrative Regulations Table of Contents …………………………………….…………….Pg. 22

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.

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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. Continuances.

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

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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, the 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.

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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).

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(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

Page | 5 Rev. 4-08-19

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.

Page | 6 Rev. 4-08-19

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 Pennsylvania 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.

Page | 7 Rev. 4-08-19

4. There shall be a twelve (12) hour maximum 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

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APPLICATION TO BE CONSIDERED FOR APPOINTMENT AS A PARENTING

COORDINATOR FOR ______________________ COUNTY

AFFIDAVIT – ATTORNEY

I, _____________________________________, the undersigned applicant, hereby certify

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:

1. _____ I am licensed to practice in the Commonwealth of Pennsylvania.

My Attorney ID number is ______________________.

_____ My license is in good standing.

_____ I have never been subject to attorney discipline. (If Applicant has been subject to

discipline, provide details on separate sheet).

_____ I have practiced family law for ____ years, as follows (or attach CV):

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.

Date of training:_________________________________

Provider:_______________________________________

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

hours of Family Mediation conducted).

Date of training:________________________________

Provider:______________________________________

___ hours of Domestic Violence training.

Date of training:________________________________

Provider:______________________________________

3. _____ I understand that to remain qualified as a Parenting Coordinator in each 2 year

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.

4. _____ I maintain Professional Liability insurance of $____________________, which

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

Declaration page showing the foregoing is attached.

5. _____ I acknowledge that I may not charge more than $300 per hour (although I may

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

Parenting Coordination is: $______________________.

Page | 9 Rev. 4-08-19

6. _____ I acknowledge that I must accept one pro bono PC appointment for every 2 fee-

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.

7. _____ I have read Pa. R.C.P 1915.11-1 and understand the scope (and limits) of my

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

Coordinator.

8. _____ 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

9. _____ I have read the 5 County Compact and understand the procedure for dealing with

complaints and reporting among the member counties.

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

APPLICANT:

Name (printed) ______________________________

Signature __________________________________

Date ______________________________________

FOR OFFICIAL USE ONLY

Qualifications Reviewed by: ___________________(initials)

Place Application on Roster: ______ ______

Yes No

If No, state reasons:

_______________________________________________________________________________

_______________________________________________________________________________

____________________________

J.

Page | 10 Rev. 4-08-19

APPLICATION TO BE CONSIDERED FOR APPOINTMENT AS A PARENTING

COORDINATOR FOR ____________________ COUNTY

AFFIDAVIT - MENTAL HEALTH PROFESSIONAL

I, _____________________________________, the undersigned applicant, hereby certify

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:

1. _____ I have the following professional degree:___________________________

From (institution and date granted):_______________________________

2. _____ I am licensed to practice in the Commonwealth of Pennsylvania as a

______________________. My license number is __________________.

_____ My license is in good standing.

_____ I have never been subject to professional discipline. (If Applicant has been

subject to discipline, provide details on separate sheet).

_____ I have ____ years of experience in dealing with families involved in child

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.

Date of training:_________________________________

Provider:_______________________________________

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

hours of Family Mediation conducted).

Date of training:________________________________

Provider:______________________________________

___ hours of Domestic Violence training.

Date of training:________________________________

Provider:______________________________________

4. _____ I understand that to remain qualified as a Parenting Coordinator in each 2 year

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.

5. _____ I maintain Professional Liability insurance of $____________________, which

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

Declaration page showing the foregoing is attached.

Page | 11 Rev. 4-08-19

6. _____ I acknowledge that I may not charge more than $300 per hour (although I may

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

Parenting Coordination is: $______________________.

7. _____ I acknowledge that I must accept one pro bono PC appointment for every 2 fee-

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.

8. _____ I have read Pa. R.C.P 1915.11-1 and understand the scope (and limits) of my

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

Coordinator.

9. _____ 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

10. _____ I have read the 5 County Compact and understand the procedure for dealing with

complaints and reporting among the member counties.

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

APPLICANT:

Name (printed) ___________________________________

Signature _______________________________________

Date ___________________________________________

FOR OFFICIAL USE ONLY

Qualifications Reviewed by: ___________________(initials)

Place Application on Roster: ______ ______

Yes No

If No, state reasons:

_______________________________________________________________________________

_______________________________________________________________________________

__________________________

J.

Page | 12 Rev. 4-08-19

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

Page | 13 Rev. 4-08-19

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, or (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 action is brought under Section 3301(c), the Affidavits required under Pa.R.C.P.

1920.42(a)(1);

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

1920.42(a)(2);

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

(4) in the case of actions brought under Section 3301(d), an Affidavit of Service as to the

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 only be withdrawn by a separate Praecipe 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).

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(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:

(1) The Clerk of the Family Court shall place any case wherein an objection has been filed on

the next available list for the Family Court Motions Judge. All parties or their counsel shall be

given at least ten (10) days notice prior to the listing date for the Court to determine whether the

objection should be sustained or dismissed.

(2) If the Family Court Motions Judge determines that an objection should be sustained, an Order

shall be entered which shall provide one of the following:

(i) require the filing of additional pleadings;

(ii) refer the case to the Permanent Master in Divorce, subject to the requirements set forth

in Rule 1920.51;

(iii) enter a Decree in Divorce with jurisdiction reserved over certain claims;

(iv) grant such other relief as the Court deems necessary.

(3) If the Family Court Motion Judge determines that an objection should be dismissed, that

Judge shall enter a Final Decree in Divorce.

(e) In any case where a Section 3301(d) Counter-affidavit is filed, the matter will be promptly listed

before the Permanent Master in Divorce for purposes of a hearing on all non-economic issues raised

therein. The written notice of said hearing shall clearly state that failure of the non-moving party to

appear at the scheduled time will result in the dismissal of all objections and claims raised in the

Counter-affidavit and the entry of a Final Decree in Divorce without additional notice to that party.

(1) If the non-moving party fails to appear for the scheduled listing of the case, the Master shall

there upon file a summary Report or Proposed Order recommending dismissal of the Counter-

affidavit. If no exceptions are filed to the Report or Proposed Order within twenty days, then the

Report or Proposed Order shall forthwith be presented to a Judge for approval and entry of an

Order dismissing the Counter-affidavit. A Final Decree pursuant to Section 3301(d) or Order

approving grounds for Divorce may then be entered following judicial review of the file.

(2) If both parties appear for the listing of the case, the Permanent Master in Divorce shall then

conduct a conference to ascertain what issues are actually in dispute. Following conclusion of

the conference, the Master may immediately proceed with a record hearing to dispose of any

contest as to grounds, or he may defer the matter to another listing, for which notice shall be

given while the parties are in attendance.

(i) After the completion of testimony relating to Grounds under Section 3301(d), the

Permanent Master shall expeditiously prepare and file a Report which contains his or her

Page | 15 Rev. 4-08-19

findings as to whether the prerequisites under that Section have been met. Copies of said

Report shall be served on counsel and any unrepresented parties.

(ii) Within twenty (20) days after the date of the Report by the Permanent Master, any party

may file written exceptions thereto. Any such exceptions shall thereafter be listed for

argument before a Judge of the Family Court who shall dispose of the same on the basis of

the record compiled before the Permanent Master. In the absence of exceptions within said

twenty (20) day period, the Report shall be transmitted to a Judge for approval and entry of

an Order consistent with the Master’s recommendation as to Grounds for a Section 3301(d)

Divorce. If no economic issues remain outstanding in the case, a Final Decree pursuant to

Section 3301(d) may then be entered following judicial review of the file.

(iii) If economic issues are raised in a case for the first time through a Counter-affidavit, the

Permanent Master shall submit a proposed Order to the Court whereby a deadline is set for

the defendant to perfect his/her claims for economic relief through the filing of a

Counterclaim or petition pursuant to Pa.R.C.P. 1920.15. If the defendant subsequently fails

to comply with such Order, the Clerk of the Family Court, upon praecipe of the plaintiff,

shall submit the file to a Judge for entry of a Final Decree.

(iv) If economic issues were raised in a case prior to the filing of a Counter-affidavit, or if

the defendant perfects his/her claims for economic relief under the preceding paragraph, it

shall be the responsibility of the parties to dispose of such issues through the filing of a

Certification for Hearing pursuant to Pa.R.C.P. 1920.51.

Rule 1920.51 Proceedings before Master in Divorce

(a) As used in this section, “Master” means a Permanent Master in Divorce who has been authorized

by the Court to hear:

(1) matters relating to grounds for Divorce under Sections 3301(a), 3301(b), and 3301(d)(1)(ii),

and for Annulment under Sections 3303, 3304 and 3305 of the Divorce Code;

(2) economic issues, including claims for equitable distribution of property, alimony, counsel

fees, costs and expenses.

(b) Procedure for Divorce under Sections 3301(a) and 3301(b), and for Annulment:

(1) When a party wishes to proceed under fault grounds for Divorce or an Annulment, said party

shall file a “Motion for Divorce Hearing on Fault Grounds or for Annulment” accompanied by

a certification of service and a proposed Order of assignment setting forth the issues to be

referred by the Court to the Master.

(2) Within ten (10) days following service of a Motion for Divorce Hearing on Fault Grounds or

for Annulment, a party may file an Answer thereto for purposes of objecting to the proposed

assignment of the case to a Master. It shall not constitute grounds for objection that discovery

on economic issues has not been completed.

Page | 16 Rev. 4-08-19

(3) The Motion for Divorce Hearing on Fault Grounds or for Annulment may be filed by either

party as soon as twenty (20) days have elapsed following service of the complaint.

(4) Thirty (30) days advance notice of the hearing shall be given to the attorneys of record and

any unrepresented parties. All parties shall be prepared to proceed at that time on the case,

(5) Unless otherwise ordered by the Court, an official Court interpreter of the Court of Common

Pleas shall be utilized where a party or witness is unable to communicate in the English language.

(6) In uncontested proceedings, the moving party shall be prepared to present the following to

the Master on the day of the hearing:

(i) an Affidavit setting forth jurisdictional facts;

(ii) a separate narrative Affidavit setting forth the specific facts relied upon as the basis for

the fault allegations in the case, or where an Annulment is requested, the facts establishing

grounds for such relief under Sections 3304 or 3305;

(iii) in cases where no appearance of record has been entered for the defendant, an Affidavit

of Non-Military Service as required by the Soldiers' and Sailors' Civil Relief Act; and

(iv) in actions for Indignities under Section 3301(a)(6), a Certification of Counseling Notice.

(7) In contested cases, all testimony before the Master shall be recorded. Upon request of a party

or on the Master's own motion, the attendance of witnesses before the Master may be secured

through the issuance of a subpoena from the Clerk of Family Court.

(8) Copies of the Master’s Report in Fault Grounds or Annulment cases shall be mailed to

counsel of record and to any unrepresented parties. Such copies shall be accompanied by a

proposed Decree and notice informing the parties that either side may file exceptions to the

Report within twenty (20) days of the date said Report is filed.

(c) Procedure on Economic Issues.

(1) No hearing shall be scheduled before the Permanent Master to dispose of economic issues in

a case unless one of the following has occurred:

(i) a Master’s Report has been filed recommending a divorce under Section 3301(a), 3301(b)

or 3301(d)(1)(ii) in a case where economic issues have been raised by a pleading. If no

exceptions have been filed to said Report, or after exceptions thereto have been dismissed,

the Court shall enter an Order in the following form:

ORDER APPROVING GROUNDS FOR DIVORCE

AND NOW, this ___ day of __________, 20___, pursuant to the Report of the

Master in Divorce, it is hereby Ordered that a Decree in Divorce shall hereafter

be entered following resolution by the Permanent Master of all claims of record

relating to equitable distribution of marital property, alimony, counsel fees, costs

and expenses, and related claims under Divorce Code of 1980, as amended;

Page | 17 Rev. 4-08-19

(ii) A Praecipe to Transmit Record has been filed pursuant to Section 3301(c) or Section

3301(d)(i) in a case where economic claims have been raised of record. Said Praecipe to

Transmit Record and the Notice of Intent that shall precede it shall be accompanied by all

other documents required by Rule 1920.42. After any objection to said Praecipe has been

dismissed, the Court shall enter an Order in the following form:

ORDER APPROVING GROUNDS FOR DIVORCE

AND NOW, this ___ day of __________, 20___, upon receipt of the record

setting forth a cause of action under Section 3301(c) or Section 3301(d), a Decree

in Divorce shall hereafter be entered following resolution by the Master of all

claims of record relating to equitable distribution of marital property, alimony,

counsel fees, costs and expenses, and related claims under Divorce Code of 1980,

as amended;

(iii) A bifurcated Decree In Divorce has been entered by the Court.

(2) A Master’s hearing may only be scheduled on economic issues after one of the parties or

their attorney of record has certified that:

(i) an Order Approving Grounds for Divorce or a Bifurcated Decree has been entered;

(ii) all discovery has been completed; and

(iii) there are no motions or petitions outstanding in the case.

(3) All such Certifications for Hearing before the Master in Divorce shall be filed in the Office

of the Clerk of the Family Court following payment of the required fee; provided, however, that

no additional fee shall be required where fault grounds have been established pursuant to a

hearing before the Permanent Master. At the time of filing the Certification, the attorney for the

moving party shall also file with the Clerk of Family Court a verification that a copy of said

Certification was served on the opposing attorney of record, or on the opposing party, if

unrepresented.

(4) Within ten (10) days following the date of filing a Certification for Hearing before the

Permanent Master, opposing counsel or the unrepresented party may file objections to the same

in the Office of the Clerk of the Family Court. Any such objections shall state with particularity

the basis for denying the representations in the Certification. All objections to Certifications for

Hearing before the Permanent Master will be promptly listed for hearing before the Family Court

Motions Judge.

(5) If no objections are filed to the Certification for Hearing pursuant to subsection (4) hereof,

the case shall be scheduled for a hearing before a Permanent Master. Thirty (30) days advance

notice of any such hearing shall be given to counsel and any unrepresented party, unless

otherwise ordered by the Court.

Page | 18 Rev. 4-08-19

(6) At least ten (10) days prior to the scheduled hearing before the Permanent Master, each party

shall file a mandatory pre-trial memorandum in accordance with Pa.R.C.P. 1920.33(b). The pre-

trial memorandum shall be filed with the Clerk of Family Court and a copy of the same shall be

mailed or personally served on the same day to opposing counsel or any unrepresented party.

(7) The Master shall take non-record testimony from the parties only, unless, at the sole

discretion of the Master, additional non-record testimony is required. The parties may offer into

evidence, without formal proof, documentary evidence in the nature of appraisals, pension

evaluations, statements from financial institutions, official or certified records of any

governmental or judicial body, and other reports, bills and records relating to real estate, personal

property, counsel fees and costs, provided that true and correct copies of all such evidence is

provided to all parties or counsel of record at least ten (10) days prior to the hearing.

(8) Within thirty (30) days after conclusion of the final hearing on economic issues, the

Permanent Master shall file with the Court a report containing findings of fact and conclusions

of law along with a recommendation and proposed Decree and/or Order disposing of all issues

of record. Copies of said findings and order shall be mailed to the counsel of record, or

unrepresented parties, together with a notice explaining the procedure for requesting a trial de

novo by the Court.

(9) Within twenty (20) days after the mailing date of the Master's Report and proposed Decree,

either party may file with the Clerk of Family Court a Praecipe for a trial de novo before a Judge.

Time stamped copies of any such Praecipe shall forthwith be served on the opposing counsel of

record or unrepresented party, and on the Master who heard the matter. The case thereafter shall

be listed before a Judge for a full evidentiary hearing.

(10) In the event there is no demand for a trial filed within twenty (20) days following mailing

of the Report and proposed Decree, such Report and proposed Decree shall be submitted to the

Court for approval and entry of a Decree.

(11) Any willful violation of this Rule including a failure to comply with filing requirements,

failing to provide the required pre-trial memorandum, not providing all parties or counsel copies

of documentary evidence to be introduced at the hearing before the Master, or not attending a

hearing, shall be grounds for contempt of Court and imposition of sanctions. The Master is

empowered to recommend that anyone not complying with this Rule be cited for contempt of

Court

Page | 19 Rev. 4-08-19

RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

Rule 1930

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

Common Pleas for Philadelphia County in Divorce, Support, Custody, and Protection From Abuse

under the Domestic Relations Code, and shall be cited as “Phila.DR.R.”

(a) The following shall be filed with the office of the Clerk of Family Court:

(1) the entry of appearance by an attorney on behalf of a party, which shall be substantially in

the following form:

(2) the entry of an appearance by a self-represented party pursuant to Pa.R.C.P.1930.8; which

shall be substantially in the following form:

(3) the original and four copies of all complaints, petitions, motions, mandatory filings, and all

other pleadings and documents in the nature of pleadings.

(b) All local forms shall be posted on the First Judicial District’s website:

http://courts.phila.gov/forms.

See Form on Page 20

See Form on Page 21

Page | 20 Rev. 4-08-19

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FAMILY DIVISION

_______________________________ :

: DOCKET NO. ______________________

:

vs. :

:

: PACSES No. ______________________

_______________________________ :

ATTORNEY’S ENTRY / WITHDRAWAL OF APPEARANCE

PLEASE ENTER/WITHDRAW OF RECORD MY APPEARANCE FOR:

_________________________________________________

CLIENT’S NAME

_________________________________________________

ATTORNEY’S NAME

_________________________________________________

ATTORNEY’S ADDRESS

_________________________________________________

CITY STATE ZIP CODE

_________________________________________________

ATTORNEY’S TELEPHONE NUMBER

_________________________________________________

ATTORNEY’S EMAIL ADDRESS

_________________________________________________________

ATTORNEY’S ID NO. SIGNATURE OF ATTORNEY

____________________

DATE

Page | 21 Rev. 4-08-19

Entry of Appearance Self Represented Party

: IN THE COURT OF COMMON PLEAS : OF PHILADELPHIA COUNTY, PENNSYLVANIA

PLAINTIFF : DOMESTIC RELATIONS SECTION VS. :

: DOCKET DEFENDANT : PACSES CASE ID

TO THE DOCKETING DIVISION OF THE DOMESTIC RELATIONS SECTION:

I am the ___ plaintiff ___ defendant in the above captioned ___ support ___custody ___divorce ___annulment ___protection from abuse case.

I intend to represent myself in upcoming legal proceedings at the Philadelphia County Domestic Relations Section. Remove the counsel of record from my case, if applicable.

Papers may be served at the address set forth below:

______________________________________________ Address

______________________________________________ City, State, Zip Code

__________________________________ ________________________________ Home Phone Number Mobile Phone Number

__________________________________ ________________________________ Fax Number Email Address

For Self Represented Party:

__________________________________ ________________________________ Print Name Signature

Pursuant to Pa.R.C.P. 1930.8(b) a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

ADMINISTRATIVE REGULATION 97-1

RE: Disclosure of Family Court Records

Family Court records, including, but not limited to Domestic Relations’ matters, Juvenile records, Protection from Abuse records, Adoption records, and Divorce records, are impounded and are not subject to inspection except by a party to the action or counsel or record for the party whose records are to be inspected.

These records may not be disclosed, unless otherwise provided by statute, or removed or inspected except by order of Administrative Judge of Family Court.

In the event these records are required as evidence in a civil, criminal, administrative or disciplinary proceeding, a verified petition setting forth specific reasons why the record is needed must be filed with the Administrative Judge of Family Court Division or his judicial designee.

An appropriate Order must accompany the petition.

DATE: 3/21/97 PAUL P. PANEPINTO ADMINISTRATIVE JUDGE FAMILY COURT DIVISION

Page | 22 Rev. 4-08-19

FAMILY COURT OF PHILADELPHIA ADMINISTRATIVE REGULATION 97-2

PROMULGATION OF CUSTODY PROCUDURES

AND NOW, this 2nd day of June, 1997, in order to facilitate the processing of custody cases and to establish procedures for pending and future custody cases, and to encourage the use of mediation for resolution of custody disputes where appropriate, it is hereby ORDERED and DECREED as follows:

1. Administrative Regulation 96-2 establishing mandatory mediation orientation for petitions tomodify custody is hereby rescinded.

2. Administrative Regulation 93-1 establishing custody mediation procedures and forms ishereby reinstated pending promulgation of revised custody mediation procedures.

3. All pending petitions seeking custody, partial custody, and all/or visitation, or petitionsseeking modification of prior custody orders, which were filed prior to March 1, 1997, shallbe listed before a Domestic Relations Judge for disposition.

4. All custody petitions filed on or after March 1, 1997, shall be processed as follows:

(A) All initial petitions seeking partial custody and/or visitation, and all petitions seeking partial custody and/or visitation as a modification of a prior custody order, shall be listed before a Custody Hearing Officer for a record hearing consistent with PA.R.C.P 1915.4-1 and 1915.4-2. In appropriate cases the Custody Hearing Officer may refer the parties to the Family Court’s Custody Mediation Program prior to the record hearing consistent with Administrative Regulation 93-1.

(B) All initial petitions seeking sole custody or primary physical custody, or petitions seeking to modify an existing custody order for sole custody or primary physical custody, shall be listed before a Custody Hearing Officer for a conference for the purpose of attempting to effectuate a settlement. If no agreement is reached at the conference, the parties shall be given a date certain for a record hearing before a Domestic Relations Judge and/or may be referred to the Court’s Custody Mediation Program consistent with Administrative Regulation 93-1.

(C) The Custody Hearing Officer shall determine whether there are compelling circumstances necessitating an Interim Order at which time he/she shall prepare a recommended interim order and refer the case to the Motion Judge for consideration of the proposed interim Order.

(D) This Administrative Regulation is adopted pending modification of the Philadelphia County Local Rules governing Child Custody matters.

DATE: 6/2/97 PAUL P. PANEPINTO ADMINISTRATIVE JUDGE, FAMILY COURT JUDGE

ALLAN L. TERESHKO SUPERVISING JUDGE DOMESTIC RELATIONS BRANCH

FAMILY COURT DIVISION

ADMINISTRATIVE REGULATION #99-10

FEE SCHEDULE/PROCEDURE FOR DOMESTIC RELATIONS DIVISIONFamily Support Lien/Judgment Certifications

Effective thirty (30) days from publication in the Pennsylvania Bulletin, WHEREAS: (1)

the Pennsylvania Legislature has amended 23 Pa.C.S.§4352(d) and promulgated 23

Pa.C.S.§4352(d.1), providing that certain support obligations shall constitute a judgment by

operation of law against the support obligor, and lien by operation of law against all real and

personal property owned by the obligor within the judicial district in which the arrears are

recorded; AND (2) WHEREAS existing Family Division records relating to support obligations

contain confidential information which cannot be provided to third parties, it is necessary for the

Family Division to implement procedures to verify to third parties the existence and amount of

support obligations; AND (3) WHEREAS 23 Pa.C.S.A.§4352(d.1)(6)(ii) provides for a maximum

fee of $20.00 to be charged by the Family Division to provide written lien certifications,

IT IS HEREBY ORDERED that the following administrative procedure is adopted in

Philadelphia County to provide written certification of the balance of family support obligations:

(1) It is strongly recommended that the request for certification of support arrears be sent

no later than fifteen (15) calendar days before the anticipated settlement date. Any person or

entity seeking notice of the amount of support arrears owed by a named individual shall complete

the information required in Parts A and B of the attached “Request for Support Arrears Balance”

form (“Form”) and forward the Form to:

Clerk of Family CourtRoom B-16

34 S. 11th StreetPhiladelphia, Pa. 19107

(2) The envelope containing the Form shall be clearly marked: “Request for Support

Arrears Balance (Lien/Judgment Certification),” and accompanied by a $20.00 business check,

cashier’s check, certified check, or money order, made payable to “Prothonotary,” and a stamped,

self-addressed envelope. The name and social security number of the individual for whom the

information is requested shall be clearly indicated on the $20.00 payment.

(3) The funds generated by this charge shall be forwarded to the Prothonotary of the

First Judicial District of Pennsylvania, according to existing procedures for other fees collected by

the Clerk of Family Court. The funds generated by this Administrative Regulation shall be set

aside by the Prothonotary and remitted monthly to the Domestic Relations Division Accounting

Unit, which shall maintain, account for, and distribute the funds in accordance with federal

regulations governing funds collected under Title IV-D of the Social Security Act.

(4) A separate Form accompanied by a separate payment shall be used for each individual

for whom information is requested.

(5) The Family Division shall complete Part C of the Form and return it to the requesting

party in the stamped, self-addressed envelope within five (5) business days of its receipt by the

Family Division, or the date of settlement, whichever is later. If the named individual has eligible

support arrears on record in Philadelphia County, the Family Division shall enter the date and

amount of arrears certification on the docket records of the affected support cases.

(6) A properly completed and certified Form containing the raised Seal of the Family

Court Division of the Court of Common Pleas of Philadelphia shall constitute either a certification

by the Family Division of the “Total Payoff Amount” for the lien/judgment as of the settlement

date provided, or that there are no eligible support arrears of record in Philadelphia County for

the named individual.

(7) The certification of support arrears by the Family Division is only valid as to the

combination of name and social security number provided by the requestor. The certification to

be prepared by the Family Division will be based strictly on the information as provided by the

requestor. If the information provided on the Form by the requestor for the named individual is

incorrect, notwithstanding that a certification of support owed is processed by the Family Division

based upon the incorrect information provided by the requestor, if that individual has eligible

support arrears of record in Philadelphia County under a name and/or social security number that

is different from that which was provided by the requestor, then the lien and judgment by

operation of law shall remain in full force and effect as to the individual, and as to the individual’s

property.

(8) If there are no eligible support arrears of record with the Family Division, the Family

Division will so indicate by checking the appropriate box in Part C of the Form.

(9) If the named individual for whom information is requested must personally appear at

Family Court to resolve outstanding issues relating to a support case before the certification will

be issued, the Family Division will so indicate by checking the appropriate box in Part C of the

Form. Because of the confidential nature of the information contained in Family Court records,

the Family Division will not convey to third parties the substance or nature of the outstanding

issues that must be resolved before the support arrears will be certified.

(10) The “Total Payoff Amount” provided by the Family Court Division shall consist of

the aggregate balance of all support arrears of record with the Family Court Division as of the

“date prepared” that are eligible to be collected via enforcement of a lien or judgment. The

balance provided may not reflect additional arrears that might be owed by the support obligor, but

which are not collectible via enforcement of a lien or judgment at the time the certification is

issued.

(11) Any funds withheld from the proceeds of a sale of real or personal property for the

purpose of satisfying a judgment or lien arising from support arrears must be sent to the

Pennsylvania State Collections and Disbursement Unit (“PA SCDU”) within fifteen (15) days of

withholding. To satisfy the support arrears and remove the judgment or lien, the “Total Payoff

Amount” must be received in the form of a business check, cashier’s check, certified check, or

money order made payable to “PA SCDU,” that clearly identifies the support obligor and the

obligor’s social security number, the obligor’s PACSES member number, the case ID number(s)

to which the payment is to be applied, and the amounts to be applied to each case.

(12) The payment shall be accompanied by a copy of the “Request for Support Arrears

Balance (Lien/Judgment Certification)” form that was completed and certified by the Family

Division, and upon which the payment is based, and mailed to: PA SCDU, P.O. Box 69110,

Harrisburg, Pa. 17106-9110.

(13) The balance certified shall be effective only for the time periods prescribed by

applicable law.

(14) Upon receipt and posting of the funds the account will be credited, and the Domestic

Relations Division will, upon request, issue an Order of Court stating that the eligible support

arrears of record with the Family Division of the Philadelphia Court of Common Pleas, as of the

date of settlement or transfer, have been paid in full, subordinated, or otherwise settled. If, under

applicable law, the funds submitted exceed the amount that is collectible by that remedy, the

excess payment shall be refunded directly to the support obligor.

(15) The support information provided by the Philadelphia Family Court Division shall

under no circumstances constitute a confirmation of the support obligor’s social security number.

Date:

DECEMBER 20, 1999 Paul P. PanepintoAdministrative JudgeFamily Court Division

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY • FAMILY DIVISIONPart A. Request for Support Arrears Balance (Lien/Judgment Certification)

(this request MUST be accompanied by $20 payment for the processing fee as required by Philadelphia Family Court Administrative Regulation 99-10)

Pursuant to the provisions of 23 Pa.C.S.A.§4352(d) and (d.1), and Philadelphia Family Court Administrative Regulation 99-10, theundersigned hereby requests that the Family Court Division of the Philadelphia Court of Common Pleas provide the following informationregarding the amount of support owed by the specified individual who is the Buyer or Seller of a property within Philadelphia County.

/ /Requested by Title Request date

( )Company name Address EIN Telephone number

Part B. Information on Buyer or Seller of property (MUST BE PROVIDED):

- -Last Name First Initial Social Security Number

/ / / /Alias, if any: Last Name First Initial Date of Birth Settlement date

Part C. Support Balance Information (to be provided by Family Court) Philadelphia Family Court has no record of an outstanding support balance for the above named individual.

Before the lien/judgment certification can be provided the above named Buyer/Seller must appear at Family Court’s Customer Service Center in the lobby of the Family Court Building, 34 S. 11th Street, to resolve outstanding issues regarding the support case(s).

The above named individual has an outstanding support balance(s) for the following case(s) and amount(s):

PACSES Member Number: TOTAL PAYOFF AMOUNT CERTIFIED FOR ALL FAMILY SUPPORT LIENS/JUDGMENTS*: $

(1) $ (2) $ Case ID Number Arrears Balance(a/o date prepared) Case ID Number Arrears Balance(a/o date prepared)

(3) $ (4) $ Case ID Number Arrears Balance(a/o date prepared) Case ID Number Arrears Balance(a/o date prepared)

(5) $ (6) $ Case ID Number Arrears Balance(a/o date prepared) Case ID Number Arrears Balance(a/o date prepared)

Number of additional sheets attached: None

CertificationPursuant to the provisions of 23 Pa.C.S.A.§4352(d) and (d.1), and Philadelphia Family Court Administrative Regulation 99-10, I certifythat the above information and the information in any attachment hereto is an accurate and complete accounting for all eligible supportarrears on record with the Philadelphia Family Court as being owed by the above-referenced Buyer or Seller as of the date prepared, andthat I am authorized by Philadelphia Family Court to certify this information.

/ / [COURT SEAL]Certified by Title Tel. No. Date prepared

*IMPORTANT NOTE: The payoff amount does not reflect account adjustments or credit that might have been given for support payments posted after the “date prepared.” Inorder for Family Court to clear the support lien/judgment as of a specific certification date it must receive payment in full for the “Total Payoff Amount.” Payment must be

submitted to Family Court within fifteen (15) days of withholding. The total payoff amount certified is only valid for the time period provided by law (i.e. for sixty (60) days from thedate prepared indicated above), and except as otherwise provided by law, any support arrears arising after the date prepared shall constitute a lien and judgment by operation of law

against the support obligor and the obligor’s property.

FAMILY COURT DIVISION

ADMINISTRATIVE REGULATION #99-11

FEE SCHEDULE/PROCEDURE FOR DOMESTIC RELATIONS DIVISIONFamily Support Lien/Judgment Search for Purpose of Legal Name Change

Effective thirty (30) days after publication in the Pennsylvania Bulletin, a $20.00 fee is

established bythe Domestic Relations Divisionof the Philadelphia Family Court, forproviding writtencertification of the existence or non-existence of family support judgments for an individual, for useas supporting documentation of the individual’s Petition to Change Name.

In order to facilitate the search, the person or entity requesting the certification must submitsufficient information to identify the individual for whomthe search is to be conducted, including thatindividual’s name, social security number, date of birth, and address. A certified check, cashier’scheck, money order, or attorney’s check in the amount of $20.00, made payable to “Prothonotary,”must accompany the written request for the certification, and be sent to:

Clerk of Family Court34 S. 11th Street

Room B-16Philadelphia, Pa. 19107

The funds generated by this charge shall be forwarded to the Prothonotary of the First JudicialDistrict of Pennsylvania, according to existing procedures for other fees collected by the Clerk ofFamily Court. The funds generated by this Administrative Regulation shall be set aside by theProthonotary and remitted monthly to the Domestic Relations Division Accounting Unit, which shallmaintain, account for, and distribute the funds in accordance with federal regulations governing fundscollected under Title IV-D of the Social Security Act.

Date:

DECEMBER 20, 1999 Paul P. PanepintoAdministrative JudgeFamily Court Division

FAMILY COURT DIVISIONADMINISTRATIVE REGULATION #00-02

PROCEDURE FOR OBTAINING IN FORMA PAUPERIS STATUS IN CUSTODY AND SUPPORT ACTIONS

EFFECTIVE IMMEDIATELY, in order to be excused from paying required filing fees foractions in custody or support, it is necessary that the person seeking such relief file a “Petition toProceed In Forma Pauperis.”

(1) Said Petition will be approved without judicial review if the petitioner can establish that he orshe is a current recipient of cash or medical Public Assistance benefits by producingappropriate documentation of said benefits as provided to him or her by the PennsylvaniaDepartment of Public Welfare or its agent.

(2) If the individual seeking In Forma Pauperis status is not currently receiving cash or medicalPublic Assistance benefits, the Petition must be supported by a Poverty Affidavit.

(3) The Petition to Proceed In Forma Pauperis and Poverty Affidavit shall be in the forms set forthhereafter, or as may be modified from time to time. The Clerk of Family Court shall make thecurrent forms available to the public at no cost.

(4) If the Petitioner is not currently receiving cash or medical Public Assistance benefits, theinformation set forth in the Poverty Affidavit will be reviewed by a Judge of the Family Courtwho will determine eligibility for In Forma Pauperis status by adhering to the National EligibilityLevel that has been established for individuals seeking free legal representation from affiliates ofthe Legal Services Corporation.

(5) The specific income standards are set forth by 45 C.F.R.1611, and depend on family size, andcertain other circumstances.

(6) Future changes to eligibility requirements as set forth in 45 C.F.R.1611 are effectiveimmediately upon the effective date of the change.

(7) The relevant income levels shall be posted in the Office of the Clerk of Family Court, whichshall also make 45 C.F.R.1611 available for public inspection.

(8) This Administrative Regulation specifically supersedes Family Court Administrative Regulation93-3.

Date:

May 4, 2000 /s/ Paul P. PanepintoPaul P. PanepintoAdministrative JudgeFamily Court Division

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTYFAMILY COURT DIVISION

: Custody Partial Custody: Visitation Support:

Plaintiff : Case ID No.vs. :

: Docket No.:

Defendant :

PETITION TO PROCEED IN FORMA PAUPERIS

TO THE HONORABLE, THE JUDGES OF SAID COURT:

(1) I am the PLAINTIFF DEFENDANT (check one) in the above matter and because ofmy financial condition I am unable to pay the required filing fee of $ .

(2) I am unable to obtain funds from anyone, including my family and friends, to pay this fee.

(3) Check one:I am currently a recipient of the following type(s) of Public Assistance Benefits from thePennsylvania Department of Public Welfare: cash benefits; and/or medical benefits(check one or both, and be prepared to present to the filing clerk supportingdocumentation that you are currently receiving the benefit(s))

I am not currently receiving cash or medical Public Assistance benefits, but I amattaching a completed Poverty Affidavit that verifies my financial condition, and why Icannot afford to pay the aforementioned filing fee.

I verify that the statements made in this Petition, and attached Poverty Affidavit (if applicable), are trueand correct. I understand that false statements herein are made subject to the penalties of 18Pa.C.S.§4904, relating to unsworn falsification to authorities.

Date:Name of Petitioner

Address

ORDERAND NOW, this day of , , upon consideration of theforegoing Petition, and attached Poverty Affidavit (if applicable), it is hereby ORDERED that thepetitioner be excused from payment of the filing fee in this matter.

BY THE COURT:

J.

FAMILY COURT DIVISIONADMINISTRATIVE REGULATION #02-02

CONTINUANCE POLICY - DOMESTIC RELATIONS DIVISION

EFFECTIVE IMMEDIATELY, the Domestic Relations Division institutes the followingpolicy relating to continuance requests:

(1) Continuances shall be granted only for good cause shown, and agreements to continue thematter by the parties or counsel are not sufficient to stay the provisions of this AdministrativeRegulation.

(2) A continuance request by an attorney for a case will only be considered if the attorney hasalready filed a formal entry of appearance in the case.

(3) Except as otherwise provided by this Administrative Regulation, all requests for continuancemust be submitted in writing and within ten (10) calendar days from the date that the noticesfor the proceeding were served. If the scheduled event is a courtroom proceeding the requestmust be submitted to the presiding judge; if the scheduled event is not a courtroomproceeding, the request must be submitted to the supervisor of the presiding quasi-judicialofficer. The addresses and fax numbers for all judges and operational units within theDomestic Relations Division are available on its internet website at:http://courts.phila.gov/cpfdr.html.

(4) If a continuance request is based on an emergency and/or other unanticipated situation, therequest must be submitted in writing to the presiding judge or the supervisor of the presidingquasi-judicial officer within twenty-four (24) hours from the time that the party or attorneybecomes aware of, or should have become aware of the situation, and at least twenty-four(24) hours prior to the proceeding, if possible. of a party to retain counsel in a timelyfashion shall not constitute an emergency and/or unanticipated situation.

(5) All continuance requests must specify the reason therefor and include documentation, to theextent possible, and all opposing parties and/or counsel must be copied with said request.

(6) In order for the court or supervisor to accurately and easily identify the specific event forwhich the continuance is being requested, the request must include the caption of the case,the names of the parties and presiding officer, the matter pending, the date, time and placeof the scheduled event, the position of the opposing parties or counsel with regard to thecontinuance request, and a copy scheduling notice if a time conflict is alleged.

(7) Unless the party or attorney requesting the continuance receives approval of the continuanceby the court or appropriate supervisor, the event shall proceed as scheduled. If either partyfails to appear for the scheduled event, and a continuance request has not been approved, theunderlying petition, complaint, motion, or other pleading may be disposed by the court orpresiding officer under applicable law.

(8) Filing advance notices of unavailability with the Clerk of Family Court will only prevent anattorney from being scheduled on unavailable dates in custody, divorce, and protection fromabuse cases in which the attorney has entered an appearance. The Pennsylvania ChildSupport Enforcement System (PACSES) on which support cases are administered does nothave the ability to prevent scheduling an attorney for a support proceeding, notwithstandingthat the attorney has previously filed a notice of unavailability with the Clerk of FamilyCourt. Therefore, any attorney of record in a support case who receives a notice for aproceeding on a date that the attorney had previously filed as unavailable, must submit arequest for continuance in accordance with this Administrative Regulation within ten (10)calendar days from the date that the notice for the proceeding was served, and include a copyof the letter of unavailability that had been filed with the Clerk of Family Court.

(9) This Administrative Regulation specifically supercedes Family Court AdministrativeRegulation #00-04, which is hereby RESCINDED.

Date:

Honorable Myrna P. FieldAdministrative JudgeFamily Court Division