THE COURTS

Title 255--LOCAL COURT RULES

WYOMING AND SULLIVAN COUNTIES

Addition to 44th Judicial District Rules--Civil; No. 97-1322

[28 Pa.B. 277]

Order of Court

   And Now, the 31st day of December, 1997,

   It Is Ordered that the Local Rules of the 44th Judicial District--Civil are amended by the addition of Rule 1915.3--Child Custody and Rule 1920.12--Divorce Complaint, as follows and made a part hereof.

   It Is Further Ordered that the said addition to the Rules of the 44th Judicial District shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

BRENDAN J. VANSTON,   
President Judge

Rule 1915.3.  Child Custody.

   (a)  Unless otherwise permitted by order of court, no Decree in Divorce shall be entered in any divorce proceeding commenced after January 15, 1998 wherein the parties are the parents of a child or children who are under the age of 18 years on the date of filing of the complaint, unless the Court Administrator shall have filed with the Prothonotary a certification (Divorce Form ''C'') of the parties' completion of the ''Children Coping with Divorce and Family Conflict'' program, ''Kids First'' program, or other similar program approved by the court.

   (b)  The Prothonotary shall collect, in addition to all other fees and costs, the sum of Forty ($40.00) Dollars from all plaintiffs filing Divorce Form ''A'', indicating that there are minor children born of the marriage, and from all plaintiffs filing a child custody complaint, unless the plaintiff shall have been granted in forma pauperis status. Further, the Prothonotary shall collect the sum of Forty ($40.00) Dollars from all defendants enrolling in the ''Children Coping with Divorce'' program or ''Kids First'' program (Divorce Form ''B''), unless in forma pauperis status shall have been granted to him or her. Should the Court Administrator collect such fee, he or she shall promptly remit the same to the Prothonotary.

   (c)  The Prothonotary shall remit to the appropriate program on a monthly basis such amounts as shall be set by further court order.

   (d)  Divorce Forms ''A'' and ''B'', attached hereto, are approved and incorporated herein by reference.

   (e)  Failure by a party to comply with an order of court directing attendance at one of the programs set forth in Subparagraph (a) will result in the initiation of contempt of court proceedings against said party.

   (f)  A copy of any complaint seeking legal, physical, or partial physical custody shall be delivered upon the Court Administrator by the party or attorney filing same.

Rule 1920.12.  Divorce Complaint.

   Rule of Civil Procedure of the 44th Judicial District 1915.3 is incorporated herein by reference.

Divorce Form ''A''

(CAPTION)

AFFIDAVIT

   I, ______ , the plaintiff in the above matter, state that--

	(Check one)
____	There are no children born of this marriage who are now under the age of eighteen (18) years.
____	The following children born of this marriage are presently under the age of eighteen (18) years:
	Name	Address

   I verify that the above statements are true and correct, and are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.

_________________
Signature            

Divorce Form ''B''

   Please enroll me in the Divorce and Child Custody Education program.

Check one:

____   Attached is my payment of Forty ($40.00) Dollars.

____   I have been granted in forma pauperis status.

Date:
_________________
Signature            

Case No.  ______

Divorce Form ''C''

(CAPTION)

TO:   THE PROTHONOTARY OF THE SAID COUNTY

   The Court Administrator of the 44th Judicial District of Pennsylvania hereby certifies that the parties in the above matter have completed the mandatory divorce/custody education program.

Date:
_________________
Court Administrator      

DIVORCE FORM D-1 (for plaintiffs and defendants who have registered)

(CAPTION)

ORDER OF COURT

   AND NOW, the ____ day of ______ , ____ , pursuant to the Rules of Civil Procedure of the 44th Judicial District of Pennsylvania,

   IT IS ORDERED that ______ is directed to appear at the location, and on the date and time, indicated below for the purpose of compulsory attendance at, and completion of, the court's mandatory Divorce and Child Custody Education Program.

   ____  Kids First Program, Methodist Church Education Building, corner of Warren and Marion Streets, Tunkhannock, Pennsylvania, on ______ , at ____ .

   ____  Children Cope with Divorce Program, on ____ , at ____ .

   ____

   You MUST attend the program indicated. Attendance may be rescheduled only with the approval of the Court Administrator of the 44th Judicial District (717-836-3151). Failure to comply with this order will result in a CONTEMPT OF COURT proceeding brought against you.

By the court,
 
BRENDAN J. VANSTON,
President Judge

DIVORCE FORM D-2 (for defendants)

(CAPTION)

ORDER AND NOTICE

   A divorce and/or child custody complaint has been filed in this court in which you have been named a party. This will require you to attend a mandatory education program concerning how this will affect you and your children.

   You MUST complete the enclosed registration form and return it within five (5) days, together with a check or money order in the amount of Forty ($40.00) Dollars payable to PROTHONOTARY OF WYOMING COUNTY. The form and check must be returned to--

               COURT ADMINISTRATOR
1 Courthouse Square
Tunkhannock, PA 18657

   You will then receive written notice of when and where to attend the education program. You MUST attend the program indicated. Attendance may be rescheduled only with the approval of the Court Administrator of the 44th Judicial District of Pennsylvania (717-836-3151). Failure to comply with this order will result in a CONTEMPT OF COURT proceeding brought against you.

By the court,
 
BRENDAN J. VANSTON,
President Judge

[Pa.B. Doc. No. 98-80. Filed for public inspection January 16, 1998, 9:00 a.m.]

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