Berk. Cnty. Pa. 1915.3

As amended through May 6, 2024
Rule 1915.3 - Commencement of Action; Filing
(a) An action shall be commenced by filing a verified complaint and three (3) copies of same substantially in the form provided by Pa.R.C.P. 1915.15(a).
(b) A Custody Scheduling Order substantially in the form provided on the Berks County Family Court website www.co.berks.pa.us shall be filed as a separate document along with the complaint in (a), unless a stipulated custody agreement signed by all parties is being submitted simultaneously with the complaint.
(c)
(1) In the event a claim for custody is joined with an action for divorce, a form entitled "Notice to the Prothonotary", substantially in the form provided by B.R.C.P. No. 1915.15(a) shall be included.
(2) If a claim for custody is asserted in a divorce complaint, it shall receive a separate term and number as the divorce action. Such pleading shall contain the information required by Pa.R.C.P. No. 1915.15. If a custody count is filed as part of a divorce complaint or counterclaim to a divorce complaint, the filer must attach a stipulated custody agreement or custody scheduling order simultaneously with the filing. If the filer does not want the custody matter to proceed forward at the time the divorce complaint or counterclaim is being filed, the custody count may not be included with the divorce complaint or counterclaim. If a stipulated custody agreement or scheduling order is not attached when a custody count is filed as part of a divorce complaint or counterclaim, the custody count may be dismissed.
(d) An Order shall be attached to the complaint directing both parties to attend the "Children In the Middle" program, or other suitable alternative program, and pay the costs thereof. The Order shall be substantially in the form provided by B.R.C.P. 1915.15(b).
(e) All custody actions shall contain a notation in the caption to identify it as a CHILD CUSTODY filing.

Berk. Cnty. Pa. 1915.3

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.