Errata

Errata - Support Practice - Statute Corrections

Statutes Corrections: 

-statutory section 4346

-statutory section 4352

 

  • 4346.  Contempt for noncompliance with visitation or partial custody order (Repealed).

234346

2010 Repeal.  Section 4346 was repealed November 23, 2010, P.L.1106, No.112, effective in 60 days.

 

  • 4352.  Continuing jurisdiction over support orders.

(a)  General rule.--The court making an order of support shall at all times maintain jurisdiction of the matter for the purpose of enforcement of the order and for the purpose of increasing, decreasing, modifying or rescinding the order unless otherwise provided by Part VIII (relating to uniform interstate family support) or VIII-A (relating to intrastate family support) without limiting the right of the obligee, or the department if it has an assignment or other interest, to institute additional proceedings for support in any county in which the obligor resides or in which property of the obligor is situated. The Supreme Court shall by general rule establish procedures by which each interested party shall be notified of all proceedings in which support obligations might be established or modified and shall receive a copy of any order issued in a case within 14 days after issuance of such order. A petition for modification of a support order may be filed at any time and shall be granted if the requesting party demonstrates a substantial change in circumstances.

(a.1)  Automatic review.--Upon request of either parent, or automatically if there is an assignment under Title IV-A of the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), each order of support shall be reviewed at least once every three years from the date of establishment or the most recent review. The review shall be for the purpose of making any appropriate increase, decrease, modification or rescission of the order. During the review, taking into the account the best interest of the child involved, the court shall adjust the order, without requiring proof of a change in circumstances, by applying the Statewide guidelines or a cost-of-living adjustment in accordance with a formula developed by general rule. Automated methods, including automated matches with wage or State income tax data, may be used to identify the support orders eligible for review and implement appropriate adjustments.

(a.2)  Effect of incarceration.--Incarceration, except incarceration for nonpayment of support, shall constitute a material and substantial change in circumstance that may warrant modification or termination of an order of support where the obligor lacks verifiable income or assets sufficient to enforce and collect amounts due.

(b)  Notice.--Each party subject to an automatic child support review shall receive:

(1)  thirty days' advance notice of the right of such party to request a review and adjustment of the order, except when the adjustment results from a cost-of-living adjustment or other automated adjustment;

(2)  a copy of any order establishing, modifying or rescinding a child support obligation or, in the case of a denied petition for modification, a notice of determination that there should be no change in the amount of the child support order, within 14 days after issuance of such order or determination; and

(3)  a 30-day period from the date of the notice of a cost-of-living adjustment or other automated adjustment to request an individual review and adjustment in accordance with the Statewide guideline.

(c)  Transfer of action.--Where neither party to the action resides or is employed in the county wherein the support action was filed, the court may transfer the matter to any county wherein either party resides or where the defendant is regularly employed. If one of the parties resides outside of this Commonwealth, the action may be transferred to the county of residence or employment of the other party.

(d)  Arrears as judgments.--On and after the date it is due, each and every support obligation shall constitute a judgment against the obligor by operation of law, with the full force, effect and attributes of a judgment of court, including the ability to be enforced, and shall be entitled as a judgment to full faith and credit in this or any other state. Overdue support obligations of this or any other state which are on record at the county domestic relations section shall constitute a lien by operation of law against all real property owned by the obligor within the county as provided in subsection (d.1). The department shall develop and implement a system for providing notice to the public of liens arising out of overdue support obligations. The system and its procedures shall ensure convenient access to lien information and shall address hours of access by the business community and the general public and access via modem or automated means. Thirty days after publication of notice in the Pennsylvania Bulletin that the system has been established, any lien on record shall constitute a lien against any real property in this Commonwealth owned by the obligor and shall also have the effect of a fully perfected security interest in personal property owned by the obligor in which a security interest can arise. The department shall consult with the Department of Transportation in the development of this system to enforce compliance with this subsection as it applies to liens on motor vehicles. The Supreme Court shall by general rule establish procedures for the recording of liens of other states at the county domestic relations section and for the enforcement of liens arising from overdue support without prior judicial notice or hearing. A bona fide good faith purchaser of personal property for value which is subject to a lien under this subsection acquires all title which the transferor had or had the power to transfer pursuant to 13 Pa.C.S. Ch. 24 (relating to title, creditors and good faith purchasers), and the obligee shall have all rights against such property which would be preserved to a fully perfected secured creditor under 13 Pa.C.S. Div. 9 (relating to secured transactions; sales of accounts, contract rights and chattel paper). The obligation for payment of arrears or overdue support shall terminate by operation of law when all arrears or overdue support has been paid.

(d.1)  Real property liens.--

(1)  Overdue support shall be a lien on real estate within the county in which the overdue support is on record at the county domestic relations section if:

(i)  the underlying support action is pending in the county domestic relations section or is being enforced by the county domestic relations section;

(ii)  notice of the existence of the support action is available to the public through a docket book or automated means; and

(iii)  the county domestic relations section is able to determine the amount of overdue support by reference to its records and is able to provide the amount of the overdue support upon request.

(2)  The priority and amount of a lien for overdue support shall be determined as follows:

(i)  The date of the lien for purposes of determining priority shall be determined separately for each unpaid overdue support payment. The date shall be the later of:

(A)  the date the obligor obtains a real property interest which may be subject to a lien;

(B)  the date the overdue support becomes a lien under paragraph (1); or

(C)  January 1, 1998.

(ii)  The amount of the lien on any date shall be the amount of overdue support shown on that date in the records of the domestic relations section.

(3)  Upon request of any person, the domestic relations section shall issue a written certification of the amount of overdue support owed by an individual as of the date of the certification and shall note on the docket the date of certification and the amount certified. The interests of any purchaser of real estate for value, mortgagee or other lienor that in good faith purchases the real estate or lends money on the security of the real estate and that records, within 30 days before or 60 days after the date of issuance of a certificate under this paragraph, a deed, mortgage or other encumbrance against the real estate shall not be subject to any lien for overdue support in excess of the amount shown on the certification.

(4)  The amount of overdue support owed by an obligor and the name of the obligor shall be public information and shall be deemed a public record subject to the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.

(5)  A lien arising from overdue support:

(i)  shall automatically attach to after-acquired property owned by the obligor;

(ii)  shall retain its priority without renewal or revival;

(iii)  shall continue to encumber the property upon sale or other transfer;

(iv)  shall not be divested upon a judicial sale or execution by a person with a lien with less priority;

(v)  shall not attach to the interest of any other co-owner in the property;

(vi)  shall expire 20 years after the due date of the last unsatisfied overdue support payment; and

(vii)  may be released by the court as against abandoned or distressed real property at the request of a governmental unit in order to facilitate the property's sale and rehabilitation.

(6)  The domestic relations section:

(i)  shall satisfy the lien promptly upon payment but no later than 60 days following receipt of the payment;

(ii)  may charge a fee not to exceed the lesser of its estimated cost of producing the report or $20 for the issuance of a lien certification or other written report of the overdue support obligations of an obligor;

(iii)  shall provide to the prothonotary of the county the identity of obligors and amount of overdue support to be used to make the information available to the public. The information shall be updated at least monthly and shall be provided by a paper listing, diskette or any other electronic means until the Statewide system under subsection (d) is implemented; and

(iv)  shall transmit at least every 60 days to credit bureaus directly or through the department reports and updates regarding the liens for overdue support.

(7)  The domestic relations section or employees thereof shall not be liable for errors in the certification of amounts of overdue support or satisfaction of liens for overdue support except as provided in 42 Pa.C.S. § 8550 (relating to willful misconduct).

(8)  Support may cease to be overdue if a revised payment schedule is established by the court, but any lien which has previously arisen against real estate shall remain in effect until paid or divested.

(9)  Notwithstanding paragraphs (2) and (3), the interests of any person who recorded a deed, mortgage or other instrument creating an interest in or lien against real estate on or after January 1, 1998, and before the effective date of this subsection shall not be subject to a lien for any overdue support accruing on or after the date the deed, mortgage or other instrument creating the interest or lien was recorded.

(e)  Retroactive modification of arrears.--No court shall modify or remit any support obligation, on or after the date it is due, except with respect to any period during which there is pending a petition for modification. If a petition for modification was filed, modification may be applied to the period beginning on the date that notice of such petition was given, either directly or through the appropriate agent, to the obligee or, where the obligee was the petitioner, to the obligor. However, modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition. In the case of an emancipated child, arrears shall not accrue from and after the date of the emancipation of the child for whose support the payment is made.

(f)  Foreign support orders.--(Deleted by amendment).

(g)  Notice to obligors and obligees.--The domestic relations section shall mail notice to obligors and obligees of existing orders informing them that such orders may attain the status of a judgment by operation of law. The notice shall explain the nature of a judgment by operation of law and its effect. Further, the notice shall advise each party to a support proceeding of the party's duty to advise the domestic relations section of material changes in circumstance and of the necessity to promptly request a modification as soon as circumstances change.

(g.1)  Nondisclosure of certain information.--If the court finds in an ex parte or other proceeding or if an existing order provides that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, the court shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this part. Any court order under this subsection must be docketed in the domestic relations section.

(g.2)  Work activities.--If an obligor owes overdue support with respect to any child receiving cash or medical assistance, the court shall upon motion of the department or domestic relations section order that overdue support be paid in accordance with a plan approved by the court or that the obligor participate in work activities approved by the department. Work activities include:

(1)  Subsidized or unsubsidized public or private sector employment.

(2)  Work experience programs.

(3)  Work training programs.

(4)  Community service programs.

(5)  Job search requirements.

(6)  Job readiness programs.

(7)  Education directly related to employment.

(8)  Attendance at secondary school.

(9)  For a person who has not graduated high school, study leading to a high school diploma or equivalent.

(g.3)  Voidable transfers.--The court may void any voidable transfer by the obligor pursuant to 12 Pa.C.S. Ch. 51 (relating to voidable transactions). It shall be a rebuttable presumption that a transfer by an obligor is voidable as to an obligee if the transfer was made for less than reasonably equivalent value and the transfer occurred after the initiation of a proceeding to establish or enforce support.

(h)  Applicability.--This section applies to all support orders whether entered under this chapter or any other statute.

234352

(Mar. 25, 1988, P.L.296, No.35, eff. imd.; Dec. 20, 1989, P.L.654, No.81, eff. imd.; Apr. 4, 1996, P.L.58, No.20, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15, 1998, P.L.963, No.127, eff. imd.; May 13, 2008, P.L.144, No.16, eff. imd.; Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

 

2017 Amendment.  Act 78 amended subsec. (g.3). See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.

2008 Amendment.  Act 16 amended subsec. (a.1) and added subsec. (a.2), retroactive to March 31, 2008.

1998 Amendment.  Act 127 amended subsec. (d) and added subsec. (d.1). Section 15 of Act 127 provided that nothing in Act 127 shall impair the priority or validity of any lien recorded prior to the effective date of Act 127. Act 127 of 1998 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.

1997 Amendment.  Act 58 amended subsecs. (a), (b) and (d) and added subsecs. (a.1), (g.1), (g.2) and (g.3). Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.

1996 Amendment.  Act 20 amended subsec. (a) and deleted subsec. (f).

Suspension by Court Rule.  Section 4352(d) was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(5), as amended May 31, 2000, insofar as it is inconsistent with Rule 1910.22 providing that overdue support on public record at the domestic relations section constitutes a lien of record against all real property within the state of Pennsylvania which is owned by the obligor.

Section 4352(d.1) was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(6), as amended May 31, 2000, only insofar as subsection (d.1)(1) provides that the underlying support action shall either be pending at the county domestic relations section or shall be enforced by the county domestic relations section in order for a lien to arise to arise against real property located in that county.

References in Text.  Division 9 of Title 13, referred to in subsec. (d), was repealed and added by the act of June 8, 2001 (P.L.123, No.18). Present Division 9 relates to secured transactions.

The Act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (d.1)(4), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Errata - Divorce Code - Statute Corrections

Statute Corrections:

-statutory section 1304

-statutory section 1306

-statutory section 3702

 

  • 1304.  Restrictions on issuance of license.

(a)  Examinations and tests for syphilis.--(Repealed).

(b)  Minors.--

(1)  No marriage license may be issued if either of the applicants for a license is under 18 years of age.

(2)  (Deleted by amendment).

(c)  Incompetent persons.--No marriage license may be issued if either of the applicants for a license is weak minded, insane, of unsound mind or is under guardianship as a person of unsound mind unless the court decides that it is for the best interest of the applicant and the general public to issue the license and authorizes the issuance of the license.

(d)  Persons under influence of alcohol or drugs.--No marriage license may be issued if, at the time of making application, either of the applicants is under the influence of alcohol or drugs.

(e)  Marriage to relatives.--No marriage license may be issued to applicants within the prohibited degrees of consanguinity which are as follows:

A man may not marry his mother.

A man may not marry the sister of his father.

A man may not marry the sister of his mother.

A man may not marry his sister.

A man may not marry his daughter.

A man may not marry the daughter of his son or daughter.

A man may not marry his first cousin.

A woman may not marry her father.

A woman may not marry the brother of her father.

A woman may not marry the brother of her mother.

A woman may not marry her brother.

A woman may not marry her son.

A woman may not marry the son of her son or daughter.

A woman may not marry her first cousin.

231304

(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.; May 8, 2020, P.L.121, No.18, eff. 60 days)

2020 Amendment.  Act 18 amended subsec. (b).

1997 Repeal.  Act 35 repealed subsec. (a).

1993 Amendment.  Act 79 amended subsec. (b).

Cross References.  Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation).

 

  • 1306.  Oral examination.

(a)  General rule.--Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to:

(1)  The legality of the contemplated marriage.

(2)  Any prior marriage or marriages and its or their dissolution.

(3)  The restrictions set forth in section 1304 (relating to restrictions on issuance of license).

(4)  All the information required to be furnished on the application for license as prepared and approved by the department.

(b)  Exception.--If an applicant is unable to appear in person because of his active military service or because the office of the register of wills is closed due to a state of disaster emergency declared by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or a declaration of judicial emergency under Article V of the Constitution of Pennsylvania, a law of this Commonwealth, a rule of court or other judicial order by the Supreme Court or any agency or unit of the unified judicial system exercising a power or performing a duty under 42 Pa.C.S. § 1721 (relating to delegation of powers), the applicant shall be permitted to forward an affidavit, which verifies all of the information required under subsection (a), to the issuing authority.

(c)  Form.--The department shall develop and make available affidavit forms to be used by applicants under subsection (b).

(d)  Definition.--As used in this section, the term "active military service" means active service in any of the armed services or forces of the United States or this Commonwealth.

231306

(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; May 8, 2020, P.L.121, No.18, eff. imd.)

2020 Amendment.  Act 18 amended subsec. (b). Section 3(1) of Act 18 provided that the amendment of subsec. (b) shall be retroactive to March 18, 2020.

 

  • 3702.  Alimony pendente lite, counsel fees and expenses.

(a)  General rule.--In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel fees and expenses may be allowed pendente lite, and the court shall also have authority to direct that adequate health and hospitalization insurance coverage be maintained for the dependent spouse pendente lite.

(b)  Exception.--Except where the court finds that an order for alimony pendente lite or spousal support is necessary to prevent manifest injustice, a party who has been convicted of committing a personal injury crime against the other party shall not be entitled to spousal support or alimony pendente lite. Any amount paid by the injured party after the commission of the offense but before the conviction of the other party shall be recoverable by the injured party upon petition.

233702

(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Mar. 24, 1998, P.L.204, No.36, eff. imd.; Oct. 24, 2018, P.L.680, No.102, eff. 60 days)

1997 Amendment.  Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.

Cross References.  Section 3702 is referred to in section 3703 of this title.

 

 

Errata - CHILD CUSTODY - Statute Corrections

Corrections to Statutes and Rules:

-statutory section 5329.1

-statutory section 5602

-statutory section 5603

-statutory section 5621

-statutory section 5622

-statutory section 5623

-statutory section 5624

-statutory section 5625

-Rule 1915.10

-Rule 1915.15

-Rule 1930.1

  • 5329.1.  Consideration of child abuse and involvement with protective services.

(a)  Information sharing.--In accordance with section 6340(a)(5.1) (relating to release of information in confidential reports), where a party seeks any form of custody, subject to the examination of the parties, the court shall determine:

(1)  With respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63:

(i)  Whether the child is the subject of an indicated or founded report of child abuse.

(ii)  Whether a party or a member of the party's household has been identified as the perpetrator in an indicated or founded report of child abuse.

(iii)  The date and circumstances of the child abuse.

(iv)  The jurisdiction where the child abuse investigation took place.

(2)  With respect to child protective services or general protective services under Chapter 63:

(i)  Whether a party or a member of a party's household has been provided services.

(ii)  The type of services provided.

(iii)  The circumstances surrounding the provision of services.

(iv)  The status of services.

(v)  The date the services were provided.

(vi)  The jurisdiction where the services were provided.

(b)  Cooperation.--The following apply:

(1)  The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the court and assist the court in fulfilling its duties under this section.

(2)  The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions of this section.

(3)  The governing authority shall develop procedures to implement the provisions of this section.

(4)  As used in this subsection, the term "governing authority" shall have the meaning given to it in 42 Pa.C.S. § 102 (relating to definitions).

5329.1

(Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 107 added section 5329.1. See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability.

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References.  Section 5329.1 is referred to in sections 5328, 6340 of this title; section 6307 of Title 42 (Judiciary and Judicial Procedure).

 

  • 5602.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Alternate."  A person with all the rights, responsibilities and qualifications of a standby guardian who shall become a standby guardian only in the event that the currently designated standby guardian is unable or refuses to fulfill his obligation.

"Attending physician."  A physician who has primary responsibility for the treatment and care of the designator. If physicians share responsibility, another physician is acting on the attending physician's behalf or no physician has primary responsibility, any physician who is familiar with the designator's medical condition may act as an attending physician under this chapter.

"Coguardian."  A person who along with a parent shares physical or legal custody, or both, of a child.

"Consent."  A written authorization signed by the designator in the presence of two witnesses who shall also sign the writing. The witnesses must be 18 years of age or older and not named in the designation.

"Court."  Family Court Division or domestic relations section of a court of common pleas unless otherwise provided by local rules of court.

"Debilitation."  A person's chronic and substantial inability as a result of a physically incapacitating disease or injury to care for a dependent minor.

"Designation."  A written document naming the standby guardian or temporary guardian. A parent, a legal custodian or a legal guardian may designate an alternate standby guardian in the same writing.

"Designator."  A parent, a legal custodian or a legal guardian who appoints a standby guardian or temporary guardian.

"Determination of debilitation."  A written finding made by an attending physician which states that the designator suffers from a physically incapacitating disease or injury. No identification of the illness in question is required.

"Determination of incapacity."  A written finding made by an attending physician which states the nature, extent and probable duration of the designator's mental or organic incapacity.

"Family member."  A grandparent, aunt, uncle or adult sibling of a minor.

"Incapacity."  A chronic and substantial inability, resulting from a mental or organic impairment, to understand the nature and consequences of decisions concerning the care of the designator's dependent minor and a consequent inability to care for the minor.

"Standby guardian."  A person named by a designator to assume the duties of coguardian or guardian of a minor and whose authority becomes effective upon the incapacity, debilitation and consent, or death of the minor's parent.

"Temporary guardian."  A family member appointed by a court for a limited period as a guardian of the minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.

"Triggering event."  A specified occurrence stated in the designation which empowers a standby guardian to assume the powers, duties and responsibilities of guardian or coguardian.

5602

(June 22, 2000, P.L.443, No.59, eff. 60 days; Oct. 23, 2018, P.L.583, No.88, eff. 60 days)

 

  • 5603.  Scope.

The provisions of Chapter 53 (relating to custody) and 20 Pa.C.S. Ch. 25 (relating to wills) shall apply to standby guardians, coguardians, guardians, temporary guardians and any alternates unless otherwise specified in this chapter. Nothing in this chapter shall be construed to deprive any parent, custodial or noncustodial, of legal parental rights. Nothing in this chapter shall be construed to relieve any parent, custodial or noncustodial, of a duty to support a child under the provisions of Chapter 43 (relating to support matters generally).

5603

(Oct. 23, 2018, P.L.583, No.88, eff. 60 days)

References in Text.  Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).

 

SUBCHAPTER C

TEMPORARY GUARDIANSHIP

 

Sec.

  1.  Designation.
  2.  Petition for approval of designation.
  3.  Authority of temporary guardian.
  4.  Period of temporary guardianship.
  5.  Termination of temporary guardianship.

 

Enactment.  Subchapter C was added October 23, 2018, P.L.583, No.88, effective in 60 days.

5621

  • 5621.  Designation.

(a)  General rule.--Except as provided in subsection (b), a custodial parent may designate a temporary guardian by means of a written designation unless the minor has another parent or adoptive parent:

(1)  whose parental rights have not been terminated or relinquished;

(2)  whose whereabouts are known; and

(3)  who is willing and able to make and carry out the day-to-day child-care decisions concerning the minor.

(b)  Exception where other parent consents.--Notwithstanding subsection (a), a parent, legal custodian or legal guardian may designate a temporary guardian with the consent of the other parent.

(c)  Contents.--

(1)  A designation of a temporary guardianship shall identify the custodial parent, the minor or minors, any other parent, the temporary guardian and the triggering event or events upon which a named temporary guardian shall become a coguardian or guardian. The designation shall also include the signed consent of the temporary guardian and the signed consent of any other parent or an indication why the other parent's consent is not necessary.

(2)  The designation shall be signed by the designating parent in the presence of two witnesses who are 18 years of age or older and not otherwise named in the designation, who shall also sign the designation.

(3)  A parent may also but need not designate an alternate in the designation.

(4)  A designation may but need not be in the following form:

(Insert name of designator) do hereby appoint

(Insert name, address and telephone number of temporary

guardian) as the temporary guardian of

(Insert name(s) of minor(s) to take effect upon

‌ (Date).

I am the mother/father/other to‌

(Insert name(s) of minor(s)).

(Insert name(s) of other parent(s) of minor(s)) is the

father/mother/other of ‌

(Insert name(s) of minor(s)).

By this designation, I am granting‌

(Insert name of temporary guardian) the authority to act for

90 days following the occurrence of‌

as a coguardian with me or as guardian of my minor

child(ren).

It is my intention to retain full parental rights to the extent consistent with my condition and to retain the authority to revoke the temporary guardianship if I so choose.

This designation is made after careful reflection, while I am of sound mind.

(Date)

(Designator's signature)

(Witness's signature)

(Witness's signature)

(Number and Street)

(Number and Street)

(City, State and Zip Code)

(City, State and Zip Code)

If applicable:  I, ,

 

(Insert name of other parent)

hereby consent to this designation.

(Date)

(Signature of other parent)

(Address of other parent)

 

I, ‌

(Insert name of temporary guardian), hereby accept my

nomination as temporary guardian of‌

(Insert minor(s)'s name(s)). I understand that my rights and responsibilities toward the minor child(ren) named above will become effective upon(Date)

I further understand that in order to continue as temporary guardian for the child(ren), I must file a petition with the court of common pleas within 30 days of the order granting the petition for temporary guardianship.

(Date)                      (Signature of temporary guardian)

NOTARY SEAL

 

I hereby revoke the above temporary guardianship agreement.

‌(Parent signature)

‌(Date)

NOTARY SEAL

 

 

  • 5622.  Petition for approval of designation.

(a)  General rule.--Except as provided in subsection (b), a petition for court approval of a designation under this chapter may be made when an individual who is a custodial parent of a minor has entered a rehabilitation facility for treatment of a drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol by filing with the court a copy of the designation.

(b)  Exception where designation has not been entered.--If a custodial parent has been subject to emergency medical intervention due to abuse of drugs or alcohol and a written designation has not been executed, a family member shall petition the court to hold a hearing to be designated temporary guardian. The petition, which shall require the notarized signature of the petitioner, shall be provided by the court in the following form:

Petition for Temporary Guardianship without Consent of Parent

I, ‌

(Insert Name, Address and Telephone Number of Family Member Petitioning for Temporary Guardianship and Relationship to Minor), HEREBY DECLARE MY INTENT TO BE APPOINTED TEMPORARY GUARDIAN OF ‌

(Insert Name(s), Address(es) and Telephone Number(s) of Minor(s) for whom the appointment of temporary guardian is being sought) AS A RESULT OF EMERGENCY MEDICAL INTERVENTION RESULTING FROM ABUSE OF DRUGS OR ALCOHOL BY‌

‌(Insert Name, Address and Telephone Number),

FATHER/MOTHER TO‌

(Insert Name(s) of Minor(s)), ON‌

(Insert approximate date of the event).

I HAVE NOTIFIED THE CHILD(REN)'S OTHER PARENT,‌

(Insert Name, Address and Telephone Number), OF MY INTENT TO PETITION THIS COURT FOR TEMPORARY GUARDIANSHIP.

I UNDERSTAND THAT FILING THIS PETITION DOES NOT REVOKE THE PARENTAL RIGHTS OF THE MINOR'S PARENT(S) NOR DOES IT GRANT ME ANY PARENTAL RIGHTS.

I UNDERSTAND THAT MY RIGHTS AND RESPONSIBILITIES AS A TEMPORARY GUARDIAN TOWARD THE MINOR CHILD(REN) NAMED ABOVE WILL BECOME EFFECTIVE UPON THE COMPLETION OF A HEARING AND RENDERING OF A DECISION BY THE COURT.

I UNDERSTAND THAT FILING FEES AND OTHER COSTS ASSOCIATED WITH THESE PROCEEDINGS MAY BE WAIVED IF I DEMONSTRATE THE FEES AND OTHER COSTS WOULD CONSTITUTE A FINANCIAL BURDEN TO ME AND MY FAMILY.

I HEREBY SWEAR OR AFFIRM THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

(DATE)

(SIGNATURE OF PETITIONER)

(c)  Notice.--

(1)  The court shall notify a person named in the designation within 10 days of the filing of the petition and of any hearing on the petition.

(2)  If a designation has not been executed, the petitioner shall notify the custodial parent or parents, noncustodial parent or adoptive parent within 10 days of the filing of the petition and of any hearing on the petition.

(3)  If the petition alleges that a noncustodial parent cannot be located, that parent shall be notified in accordance with the notice provisions of the Pennsylvania Rules of Civil Procedure in custody matters. No notice is necessary to a parent whose parental rights have previously been terminated or relinquished.

(d)  Jurisdiction.--For purposes of determining jurisdiction under this chapter, the provisions of Chapter 54 (relating to uniform child custody jurisdiction and enforcement) shall apply.

(e)  Presumptions.--In a proceeding for judicial appointment of a temporary guardian, a designation shall constitute a rebuttable presumption that the designated temporary guardian is capable of serving as coguardian or guardian. When the designator is the sole surviving parent and when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to the designation, there shall be a rebuttable presumption that entry of the approval order is in the best interest of the child. In any case, if the court finds entry of the approval order to be in the best interests of the child, the court shall enter an order approving the designation petition.

(f)  Approval without hearing.--Approval of the designation without a hearing is permitted when the designator is the sole surviving parent, when the parental rights of a noncustodial parent have been terminated or relinquished or when all parties consent to entry of the approval order.

(g)  Hearing.--If a hearing is required, it shall be conducted in accordance with the proceedings under Chapters 53 (relating to child custody) and 54.

(h)  Court appearance.--If a designation has not been executed and a petition for temporary guardianship has been filed with the court by a family member, the custodial parent and noncustodial parent or adoptive parent shall appear in court in order to consent to or oppose the designation. If notice has been given under subsection (c)(3) and a noncustodial parent does not appear in court, it is presumed that consent to the designation has been granted.

(i)  Costs.--A court may waive filing fees and other costs upon application when the petitioner demonstrates the fees and other costs would constitute a financial burden upon the petitioner and the petitioner's family. There shall be a presumption of a financial burden if the income from all sources of the petitioner is less than 300% of the poverty level set by the Federal Government.

5622

Cross References.  Section 5622 is referred to in section 5623 of this title.

 

  • 5623.  Authority of temporary guardian.

(a)  Authority.--

(1)  The temporary guardian shall have the authority to act as coguardian or guardian upon a custodial parent entering into an alcohol or drug treatment facility or upon a court ordering the designation pursuant to hearing under subsection 5622(b) (relating to petition for approval of designation).

(2)  The commencement of the temporary guardian's authority to act as coguardian shall not itself divest the custodial parent of parental rights but shall confer upon the temporary guardian concurrent or shared custody of the child.

(3)  A coguardian shall assure frequent and continuing contact with and physical access to the child and shall further assure the involvement of the custodial parent, to the greatest extent possible, in the decision making on behalf of the child.

(4)  The commencement of a temporary guardian's authority under this subchapter shall not itself divest a parent or legal guardian of parental or guardianship rights.

(b)  Limitations on authority.--In addition to any other restrictions placed on a temporary guardian by the court, the temporary guardian may not:

(1)  remove the minor or permit the minor to be removed from the United States either permanently or temporarily without the consent of the custodial parent and the approval of the court; or

(2)  remove the minor from this Commonwealth absent a court order, which may only be issued after a hearing at which both parents and the minor shall have the right to be present.

 

  • 5624.  Period of temporary guardianship.

(a)  Initial period.--Temporary guardianship under this subchapter shall be limited to not more than 90 days from entry of the order of temporary guardianship.

(b)  Extension of guardianship.--Upon approval by the court or by written agreement of the temporary guardian and the parent who has entered a rehabilitation facility, temporary guardianship shall be extended for periods of up to 90 additional days.

(c)  Total period.--The total period of guardianship under this section shall not exceed 365 days.

 

  • 5625.  Termination of temporary guardianship.

(a)  Conditions.--A court shall terminate a temporary guardianship if any of the following exists:

(1)  The custodial parent demonstrates the basis for the temporary guardianship no longer exists.

(2)  The custodial parent and temporary guardian agree upon termination.

(3)  The temporary guardian files a petition with the court seeking termination.

(4)  Subject to subsection (b), a noncustodial or adoptive parent files a petition with the court seeking termination of the guardianship.

(5)  The temporary guardian or an individual who resides with the temporary guardian commits an offense that results in the temporary guardian or an individual who resides with the temporary guardian being identified as a perpetrator as defined in section 6303 (relating to definitions).

(b)  Mandatory considerations.--Before terminating an order for temporary guardianship under subsection (a)(4), the court shall consider if termination of the temporary guardianship is in the best interests of the minor if the individual's parental rights were previously terminated.

 

Rule 1915.10. Decision. Order

(a) The court may make the decision before the testimony has been transcribed. The court shall state the reasons for its decision on the record in open court or in a written opinion or order.

 

 

Note: See  23 Pa.C.S. § 5323(d).

 

 

(b) The court shall enter a custody order as a separate written order or in a separate section of a written opinion.

 

 

(1) The court’s order shall state sufficiently specific terms to enforce the order.

 

 

(2) If the court has made a finding that a party or child is at risk of harm, the court’s order shall include safety provisions for the endangered party’s or child’s protection.

 

 

(3) The court may order that the case caption use the parties’ initials rather than the parties’ names based on the sensitive nature of the facts in the case record and the child’s best interest.

 

 

Note: See Pa.R.C.P. No. 1930.1(a).

 

 

(4) When drafting a written opinion or order in an action having the parties’ initials in the case caption, the court shall:

 

 

(i) avoid using specific identifiers for people, places, or things that may indirectly reveal the child’s identity; and

 

 

(ii) use generalized identifiers when describing a child’s school, activities, affiliated organizations, or other similar terms.

 

 

(c) A custody order shall include a notice outlining the parties’ obligations under 23 Pa.C.S. § 5337, regarding a party’s intention to relocate with a minor child.

 

 

Note: See 23 Pa.C.S. § 5323(c) and Pa.R.C.P. No. 1915.17.

 

 

(d) A party may not file a motion for post-trial relief to an order of legal or physical custody.

 

 

(Adopted Dec. 10, 1981, effective July 1, 1982; effective date extended to Jan. 1, 1983 by order of June 25, 1982. Readopted and amended Nov. 8, 1982, effective Jan. 1, 1983. Amended Oct. 19, 1983, effective Jan. 1, 1984; Nov. 7, 1988, effective Jan. 1, 1989; Aug. 1, 2013, effective Sept. 3, 2013; June 3, 2019, effective Oct. 1, 2019; Oct. 22, 2020, effective Jan. 1, 2021).

 

EXPLANATORY COMMENT--2019

 

Subdivision (b) further defines and reinforces the requirements in 23 Pa.C.S. § 5323(e). Examples of safety provisions include, but are not limited to, supervised physical custody, a supervised or neutral custody exchange location, a neutral third-party present at custody exchanges, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation, and designating a secure, neutral location as respository for a child’s passport.

 

 

Additionally, subdivision (b) requires a court to enter a custody order as a separate written order or in a separate section of a written opinion. The subdivision also addresses the practice of orally entering a custody order on the record without formalizing the custody order in writing. In such circumstances, the parties’ only documentation of the custody order is a transcription of the oral record. In R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015), the Superior Court held that “in order to be sufficiently specific to be enforced, an order of custody must be entered as a separate written order, or as a separate section of a written opinion.” Id. at 206. Despite the Superior Court’s decision, the practice of placing custody orders on the record without subsequently entering a written order has continued, which has been problematic for enforcement and understanding of the agreement’s or order’s terms.

 

EXPLANATORY COMMENT--2021

 

Subdivision (b)(3) allows the court discretion to initialize a custody action’s case caption when the child’s privacy may be compromised by the sensitive nature of the facts in the case record. When the court determines that the case caption should be initialized, additional privacy safeguards are required under subdivision (b)(4).

 

 

Subdivision (b)(4) recognizes that inadvertent disclosure of the child’s identity and privacy may occur if the written custody order or opinion provides specific details of the child’s life (i.e., school, extracurricular activities). Subdivision (b)(4) requires that the court refrain from using specific identifiers; instead, the court should use general terms (i.e., high school, not John F. Kennedy High School). In circumstances in which name specificity is required, such as school choice, the court should consider a separate order for that issue.

 

 

Rule 1915.15. Form of Complaint. Caption. Order. Petition to Modify a Custody Order

 

(a) The complaint in a custody action shall be substantially in the following form:

 

 

(Caption)

 

 

COMPLAINT FOR CUSTODY

 

 

1. The plaintiff is,.........................................................................................................................................................................................

 

 

 

residing at

 

 

............................................................................................................................................................................................

 

 

 

 

(Street)

 

 

(City)

 

 

(Zip Code)

 

 

(County)

 

 

 

2. The defendant is,.....................................................................................................................................................................................

 

 

 

residing at

 

 

.............................................................................................................................................................................................

 

 

 

 

(Street)

 

 

(City)

 

 

(Zip Code)

 

 

(County)

 

 

 

 

3. Plaintiff seeks (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the following child(ren):

 

 

 

 

Name

 

 

Present Residence

 

 

Age

 

 

 

 

 

 

 

 

 

 

 

 

 

The child (was)(was not) born out of wedlock.

 

 

The child is presently in the custody of _______, (Name) who resides at

 

 

 

 

(Street)

 

 

(City)

 

 

(State)

 

 

 

 

During the past five years, the child has resided with the following persons and at the following addresses:

 

 

(List All Persons)

 

 

(List All Addresses)

 

 

(Dates)

 

 

 

 

 

 

 

 

 

 

 

 

 

A parent of the child is __________, currently residing at __________.

 

 

This parent is (married) (divorced) (single).

 

 

A parent of the child is __________, currently residing at ____________________.

 

 

This parent is (married) (divorced) (single).

 

 

  1. Plaintiff’s relationship to the child is that of .......................................................................................................................................

 

 

Plaintiff currently resides with the following persons:

 

 

Name

 

 

Relationship

 

 

 

 

 

 

 

 

  1. Defendant’s relationship to the child is that of __________.

 

 

Defendant currently resides with the following persons:

 

 

Name

 

 

Relationship

 

 

 

 

 

 

 

 

  1. Plaintiff (has) (has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is:

 

 

Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: _______________.

 

 

Plaintiff (knows) (does not know) of a person not a party to the proceedings who has physical custody of the child or claims to have custodial rights with respect to the child. The name and address of such person is: .........

 

 

  1. The child’s best interest and permanent welfare will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the child’s best interest and permanent welfare):

 

 

...........................................................................................................................................................................................................................................

 

 

  1. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody of the child will be given notice of the pendency of this action and the right to intervene:

 

 

Name

 

 

Address

 

 

Basis of Claim

 

 

 

 

 

 

 

 

 

 

 

 

 

9.(a) If the plaintiff is seeking physical or legal custody of a child and is in loco parentis to the child, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5324(2).

 

 

(b) If the plaintiff is a grandparent seeking physical or legal custody of a grandchild and is not in loco parentis to the child, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5324(3).

 

 

(c) If the plaintiff is seeking physical or legal custody of a child and is not in loco parentis to the child, the plaintiff shall plead facts establishing standing pursuant to 23 Pa.C.S. § 5324(4) and (5).

 

 

(d) If the plaintiff is a grandparent or great-grandparent seeking partial physical custody or supervised physical custody of a grandchild or great-grandchild, the plaintiff shall plead facts establishing standing under 23 Pa.C.S. § 5325.

 

 

  1. Plaintiff has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 

 

Wherefore, Plaintiff requests the court to grant (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child.

 

 

 

 

 

Plaintiff/Attorney for Plaintiff

 

 

 

 

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

 

 

 

 

 

Plaintiff

 

 

 

 

Note: The form of complaint is appropriate if there is one plaintiff and one defendant and the custody of one child is sought or the custody of several children is sought and the information required by Paragraphs 3 to 7 is identical for all of the children. If there are more than two parties, the complaint should be appropriately adapted to accommodate them. If the custody of several children is sought and the information required is not identical for all of the children, the complaint should contain a separate paragraph for each child.

 

 

See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 

 

(b) A petition to modify a custody order shall be substantially in the following form:

 

 

(Caption)

 

 

PETITION FOR MODIFICATION OF A CUSTODY ORDER

 

 

  1. Petitioner is __________ and resides at __________.

 

 

  1. Respondent is __________ and resides at __________.

 

 

  1. Petitioner respectfully represents that on __________, 20 ___ an Order of Court was entered for (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody). A true and correct copy of the Order is attached.

 

 

  1. This Order should be modified because:

 

 

 

.

 

 

  1. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 

 

WHEREFORE, Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child(ren).

 

...........................................................................................................................................................................................................................................

 

 

 

 

(Attorney for Petitioner) (Petitioner)

 

 

 

 

I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

 

 

 

 

Date

 

 

Petitioner

 

 

 

 

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 

 

(c) The order to be attached at the front of the complaint or petition for modification shall be substantially in the following form:

 

 

(Caption)

 

 

ORDER OF COURT

 

 

You, __________, (defendant) (respondent), have been sued in court to (OBTAIN)(MODIFY) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child(ren):

 

 

You are ordered to appear in person at ______(Address),

 

 

on ______(Day and Date), at ______(Time), ____.M., for

 

 

 

 

 

a conciliation or mediation conference.

 

 

 

 

 

a pretrial conference.

 

 

 

 

 

a hearing before the court.

 

 

 

 

If you fail to appear as provided by this order, an order for custody may be entered against you or the court may issue a warrant for your arrest.

 

 

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.

 

 

No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.C.P. No. 1915.17 regarding relocation.

 

 

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

 

 

 

 

 

 

(Name)

 

 

 

 

 

 

 

(Address)

 

 

 

 

 

 

 

(Telephone)

 

 

 

 

AMERICANS WITH DISABILITIES ACT OF 1990

 

The Court of Common Pleas of __________ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.

 

 

 

BY THE COURT:

 

 

Date:...................................................................................................

 

 

 

 

J.

 

 

 

(Adopted Dec. 10, 1981, effective July 1, 1982; effective date extended to Jan. 1, 1983 by order of June 25, 1982. Readopted and amended Nov. 8, 1982, effective Jan. 1, 1983. Amended April 29, 1991, effective July 1, 1991; Dec. 2, 1994, effective March 1, 1995; March 2, 2000, imd. effective; March 18, 2004, effective June 16, 2004; Nov. 19, 2008, imd. effective; Aug. 1, 2013, effective Sept. 3, 2013; July 20, 2015, effective September 1, 2015; May 18, 2016, effective July 1, 2016; Jan. 5, 2018, effective Jan. 6, 2018; June 1, 2018, effective July 1, 2018; July 27, 2020, effective Oct. 1, 2020).

 

EXPLANATORY COMMENT--2008

 

In an effort to promote uniformity of practice throughout the Commonwealth, several forms are included in the rules. Two aspects of these forms are worthy of mention. First, much of the information which must be set forth in the complaint is required by the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. § 5429. Second, the complaint is verified by use of a statement that it is subject to the penalties of the Crimes Code relating to unsworn falsification to authorities. A notary public is not needed.

 

EXPLANATORY COMMENT--2020

 

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a new class of third-party standing for individuals seeking custody of a child whose parents do not have care and control of the child. The individual seeking custody may or may not be related to the child. Subject to the limitations in 23 Pa.C.S. § 5324(5), the newly added standing provision requires that: (1) the individual has assumed or is willing to assume responsibility for the child; (2) the individual has a sustained, substantial, and sincere interest in the child’s welfare; and (3) the child’s parents do not have care and control of the child. A plaintiff proceeding under Section 5324(4) shall satisfy the requirements of that provision by clear and convincing evidence. Additionally, if a juvenile dependency proceeding has been initiated, or is ongoing, or if there is an order for permanent legal custody, Section 5324(5) provides that an individual cannot assert standing under Section 5324(4).

 

 

Consistent with the Act’s statutory change, the Complaint for Custody Paragraph 9 has been revised to include a third party seeking custody of a child under 23 Pa.C.S. § 5324(4) and has been reorganized to sequentially follow the statutory provisions in 23 Pa.C.S. §§ 5324(2)-(4) and 5325. Similarly, Pa.R.C.P. No. 1915.3(e) has been reorganized to sequentially follow the statutory provision sequence. See Pa.R.C.P. No. 1915.3(e).

 

Rule 1930.1. Form of Caption. Confidential Information and Confidential Documents. Certification

 

(a) Form of Caption.

 

 

(1) Except as set forth in subdivision (2), the caption in a domestic relations matter shall include the parties’ full names. The form of the caption shall be substantially in the following form:

 

 

In the Court of Common Pleas of

__________ County, Pennsylvania

 

 

 

Party A’s full name,

 

 

 

)

 

 

 

 

Plaintiff

 

 

)

 

 

 

vs.

 

 

 

)

 

 

No. (Docket Number)

 

 

Party B’s full name,

 

 

 

)

 

 

 

 

Defendant

 

 

)

 

 

 

 

(Title of Pleading)

 

(2) In a custody action, the court may order that the case caption contain the parties’ initials rather than the parties’ names based on the sensitive nature of the facts in the case record and the child’s best interest.

 

 

Note: See Pa.R.C.P. No. 1915.10(b)(3).

 

 

(b) Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with the prothonotary’s office shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form in accordance with the Policy.

 

 

Note: Applicable authority includes but is not limited to statute, procedural rule, or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

 

 

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

 

 

The Confidential Information Form and the Confidential Document Form can be found at http://www.pacourts.us/public-records. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a “Redacted Version” and an “Unredacted Version.”

 

 

(Adopted Dec. 2, 1994, effective March 1, 1995. Amended Jan. 5, 2018, effective Jan. 6, 2018; June 1, 2018, effective July 1, 2018; Oct. 22, 2020, effective Jan. 1, 2021).

 

EXPLANATORY COMMENT--2021

 

Subdivision (a)(1) requires that the parties’ full names are used in a domestic relations case caption unless the court determines it necessary to protect the child’s identity by initializing the case caption in a custody action based on sensitive facts in the case and the child’s best interest. Generally, a child custody case does not include sensitive information or egregious facts that would cause embarrassment to a child and necessitate exceptional privacy measures; however, in the unusual circumstance that a custody action has egregious facts that may cause an issue for the child, the trial court would have the discretion to initialize the caption in order to maintain the child’s privacy interests.

 

 

Subdivision (a)(2) provides the exception to the general rule in subdivision (a)(1) for a custody action in which the court deems that the child could be adversely affected by the sensitive nature of the facts in the record. In a custody case in which the trial court determines the child’s best interest requires an initialized caption, Pa.R.C.P. No. 1915-10(b)(4) requires that additional privacy safeguards are in the written custody order or opinion entered by the court.

 

 

The rule’s requirement that a case caption use the parties’ full names does not alter a party’s or an attorney’s responsibilities under the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania and subdivision (b).

Errata - pages 812, 814, 818, and 830 in THE PENNSYLVANIA CONSTITUTION—A TREATISE ON RIGHTS AND LIBERTIES—SECOND EDITION

THE PENNSYLVANIA CONSTITUTION—A TREATISE ON RIGHTS AND LIBERTIES—SECOND EDITION

 

Please make the following edits to Chapter 30, pages 812, 814, 818, and 830 relating to trust law.

 

-On page 812:

            -In the second paragraph, in the first and second sentences, change “private trust law” to “trust law principles” (deleting “private”) and change “private trust duties” to “trust duties” (deleting “private”).

            -In the third paragraph, in the second sentence, change “private trust law” to “trust law” (deleting “private”).

 

-On page 814: In the first full paragraph, in the last sentence, change “private trustee’s duties” to “trustee’s duties” (deleting “private”).

 

-On page 818:

            -In the second paragraph, change “private trust law” to “trust law principles” (deleting “private”).

            -In the last paragraph, in the last sentence on the page, change “private trust duties” to “trust duties” (deleting “private”).

 

-On page 830: In the last paragraph, in the last sentence, change “private trust law” to “trust law principles” (deleting “private”).

 

Correct Pages Provided Below

 

 

 

 

Errata - Pennsylvania Real Estate Tax Sales and Municipal Claims—Fourth Edition

Revision to title page: Pennsylvania Real Estate Tax Sales and Municipal Claims—Fourth Edition. Not all of the authors who contributed to this edition were listed on the title page. The full list of authors who should be on the title page is as follows:

 Robert W. Ballenger, Esq.

Catherine M. Martin, Esq.

Jonathan S. Sgro, Esq.

Montgomery L. Wilson, Esq.

Darrell M. Zaslow, Esq.

Levi S. Zaslow, Esq.