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 |
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 Administrative Regulation 96-2 establishing mandatory mediation orientation for petitions to modify custody is hereby rescinded.2. Administrative Regulation 93-1 establishing custody mediation procedures and forms is hereby reinstated pending promulgation of revised custody mediation procedures.3. All pending petitions seeking custody, partial custody, and all/or visitation, or petitions seeking modification of prior custody orders, which were filed prior to March 1, 1997, shall be 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 DIVISION
Family 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 Court
Room B-16
34 S. 11th Street
Philadelphia, 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. Panepinto |
| Administrative Judge |
| Family Court Division |
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FAMILY COURT DIVISION
ADMINISTRATIVE REGULATION #99-11
FEE SCHEDULE/PROCEDURE FOR DOMESTIC RELATIONS DIVISION
Family 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 Divisionofthe Philadelphia Family Court,forproviding written certification of the existence or non-existence of family support judgments for an individual, for use as supporting documentation of the individua l's Petition to Change Name.
In order to facilitate the search, the person or entity requesting the certification must submit sufficient information to identify the individualfor whomthe search is to be conducted, including that individual's name, social security number, date of birth, and address. A certified check, cashier's check, 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 Court
34 S. 11th Street
Room B-16
Philadelphia, Pa. 19107
The funds generated bythis charge shall be forwarded to the Prothonotary ofthe 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.
Date: | |
DECEMBER 20, 1999 | Paul P. Panepinto |
| Administrative Judge |
| Family Court Division |
FAMILY COURT DIVISION
ADMINISTRATIVE 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 for actions in custody or support, it is necessary that the person seeking such relief file a "Petition to Proceed In Forma Pauperis."
(1) Said Petition will be approved without judicial review if the petitioner can establish that he or she is a current recipient of cash or medical Public Assistance benefits by producing appropriate documentation of said benefits as provided to him or her by the Pennsylvania Department of Public Welfare or its agent.(2) If the individual seeking In Forma Pauperis status is not currently receiving cash or medical Public 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 forth hereafter, or as may be modified from time to time. The Clerk of Family Court shall make the current forms available to the public at no cost.(4) If the Petitioner is not currently receiving cash or medical Public Assistance benefits, the information set forth in the Poverty Affidavit will be reviewed by a Judge of the Family Court who will determine eligibility for In Forma Pauperis status by adhering to the National Eligibility Level that has been established for individuals seeking free legal representation from affiliates of the Legal Services Corporation.(5) The specific income standards are set forth by 45 C.F.R.1611, and depend on family size, and certain other circumstances.(6) Future changes to eligibility requirements as set forth in 45 C.F.R.1611 are effective immediately upon the effective date of the change.(7) The relevant income levels shall be posted in the Office of the Clerk of Family Court, which shall also make 45 C.F.R.1611 available for public inspection.(8) This Administrative Regulation specifically supersedes Family Court Administrative Regulation 93-3. Date: | |
May 4, 2000 | /s/ Paul P. Panepinto |
| Paul P. Panepinto |
| Administrative Judge |
| Family Court Division |
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FAMILY COURT DIVISION
ADMINISTRATIVE REGULATION #02-02
CONTINUANCE POLICY - DOMESTIC RELATIONS DIVISION
EFFECTIVE IMMEDIATELY, the Domestic Relations Division institutes the following policy relating to continuance requests:
(1) Continuances shall be granted only for good cause shown, and agreements to continue the matter by the parties or counsel are not sufficient to stay the provisions of this Administrative Regulation.(2) A continuance request by an attorney for a case will only be considered if the attorney has already filed a formal entry of appearance in the case.(3) Except as otherwise provided by this Administrative Regulation, all requests for continuance must be submitted in writing and within ten (10) calendar days from the date that the notices for the proceeding were served. If the scheduled event is a courtroom proceeding the request must be submitted to the presiding judge; if the scheduled event is not a courtroom proceeding, the request must be submitted to the supervisor of the presiding quasi-judicial officer. The addresses and fax numbers for all judges and operational units within the Domestic 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, the request must be submitted in writing to the presiding judge or the supervisor of the presiding quasi-judicial officer within twenty-four (24) hours from the time that the party or attorney becomes aware of, or should have become aware of the situation, and at least twenty-four (24) hours prior to the proceeding, if possible. Failure of a party to retain counsel in a timely fashion shall not constitute an emergency and/or unanticipated situation.(5) All continuance requests must specify the reason therefor and include documentation, to the extent 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 for which 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 place of the scheduled event, the position of the opposing parties or counsel with regard to the continuance request, and a copy of the scheduling notice if a time conflict is alleged.(7) Unless the party or attorney requesting the continuance receives approval of the continuance by the court or appropriate supervisor, the event shall proceed as scheduled. If either party fails to appear for the scheduled event, and a continuance request has not been approved, the underlying petition, complaint, motion, or other pleading may be disposed by the court or presiding officer under applicable law.(8) Filing advance notices of unavailability with the Clerk of Family Court will only prevent an attorney from being scheduled on unavailable dates in custody, divorce, and protection from abuse cases in which the attorney has entered an appearance. The Pennsylvania Child Support Enforcement System (PACSES) on which support cases are administered does not have the ability to prevent scheduling an attorney for a support proceeding, notwithstanding that the attorney has previously filed a notice of unavailability with the Clerk of Family Court. Therefore, any attorney of record in a support case who receives a notice for a proceeding on a date that the attorney had previously filed as unavailable, must submit a request 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 copy of the letter of unavailability that had been filed with the Clerk of Family Court.(9) This Administrative Regulation specifically supercedes Family Court Administrative Regulation #00-04, which is hereby RESCINDED. Date: | |
______________ | ______________ |
| Honorable Myrna P. Field |
| Administrative Judge Family Court Division |
| |
Amended effective 4/8/2019.