THE COURTS

Title 255--LOCAL
COURT RULES

NORTHUMBERLAND COUNTY

Adoption of Local Rules--NCV-1915.3-1 and 1920.12; Misc. No. CV-86-1958

[35 Pa.B. 4920]

Order

   And Now, this 10th day of August, 2005, the Court hereby adopts the following Northumberland County Local Rules of Civil Procedure, to be effective 30 days after the date of publication in the Pennsylvania Bulletin.

   It is further Ordered that the Court Administrator shall file seven certified copies of these rules with the AOPC; two certified copies and a computer diskette containing the text to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one certified copy with the Domestic Relations Procedural Rules Committee; and one certified copy to the Northumberland County Legal Journal for publication thereof.

   It is further Ordered that copies shall be kept continuously available for public inspection and copying in the office of the Prothonotary of Northumberland County.

By the Court

ROBERT B. SACAVAGE,   
President Judge

Rule NCV 1920.12 Family Transitions Program (an educational seminar) Mandatory

   A.  In all divorce proceedings where there are any children of the marriage under age 18, the parties shall within 60 days of the date the Complaint is filed, attend a two (2) hour mandatory educational group program entitled ''Family Transitions Program'' at the Northumberland County Family Center.

   B.  The Divorce Complaint shall contain one of the following averments:

   (1)  Plaintiff avers there are no children under the age of 18 years born of the marriage;

   (2)  Plaintiff avers there are children under the age of 18 years born of the marriage, namely (list names and dates of birth).

   C.  If there are children under the age of 18 years born of the marriage, the complaint shall include one of the following averments:

   (1)  Plaintiff has been advised of the requirement to attend the Family Transitions Program; or

   (2)  The parties have previously attended either the ''Family Transitions Program'' or the more comprehensive ''Custody Conflict Resolution Program'' (specify the program attended) as evidenced by certificates of attendance attached or contained in the official court file to the following docket number (list case number).

   D.  In the event there are children under the age of 18 born of the marriage, and there is no averment the parties previously attended either of the aforementioned programs, the divorce complaint shall have attached thereto an order in substantially the following form:

(CAPTION)

ORDER OF COURT

   AND NOW, this ____ day of _____ , 200 __ , the Court hereby ORDERS that within sixty (60) days of the date hereof, both parties shall register for and attend the ''Family Transitions Program.''

   FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS (DISMISSAL OF ACTION, NO FINAL HEARING) OR A FINDING OF CONTEMPT.

BY THE COURT:      
 
______
                                 J.

   pc:  Plaintiff
Defendant
Court Administrator
Court

   E.  The Plaintiff shall serve the foregoing Order at the time the divorce complaint is served, along with a registration form. The registration forms are available from the Court Administrator's office.

   F.  Any affidavit of service shall include a statement that the defendant was served the foregoing order and the registration form.

   G.  The completed registration forms, along with a registration fee of $25.00 per registrant, are to be forwarded to the Court Administrator's office. Note: No personal checks (except from an attorney's escrow account) will be accepted. Payment should be by certified check, money order or cash.

   H.  Any request for waiver of the fee shall be accompanied by a verified request for in forma pauperis status pursuant to Pa.R.C.P. 240.

   I.  Should a party fail to attend the program, the party or the Court sua sponte may initiate contempt proceedings.

   J.  If there has been domestic violence, by designation on the registration form, the parties will be scheduled for separate program sessions.

   K.  Certificates of attendance are to be filed of record, with a copy forwarded to the Court Administrator.

   L.  Court approval is required for an extension of time to complete the program or for any other request to waive any of the requirements hereof for good cause.

Rule NCV-1915.3-1 Custody Conflict Resolution Program

   A.  Upon the recommendation of a Child Custody Hearing Officer/Special Master, by petition of an authorized representative of Children and Youth Services or sua sponte by the Court, the Court directs that the parties in any custody, divorce or PFA proceedings shall attend the ''Custody Conflict Resolution Program,'' consisting of four sessions at the Northumberland County Family Center, to be completed within 60 days of the order.

   B.  Within 7 days after entry of the order directing the parties to attend the ''Custody Conflict Resolution Program,'' both parties are required to register for the seminar by delivery or mail of the completed registration form to the Court Administrator's office; along with the required fee of $25.00 per registrant. Note: No personal checks (except from an attorney's escrow account) will be accepted. Payment shall be by certified check, money order or cash.

   C.  Any request for waiver of the fee shall be accompanied by a verified request for in forma pauperis status pursuant to Pa.R.C.P. 240.

   D.  If there has been domestic violence, by designation on the registration form, the parties will be scheduled for separate program session.

   E.  Should a party fail to attend the program, the party or the Court sua sponte may initiate contempt proceedings.

   F.  Certificates of attendance are to be filed of record, with a copy forwarded to the Court Administrator.

   G.  The course must be completed only once, and prior attendance at the ''Family Transitions Program'' is not a substitute for required attendance at the ''Custody Conflict Resolution Program.''

   H.  Court approval is required for an extension of time to complete the program or for any other request to waive any of the requirements hereof for good cause.

[Pa.B. Doc. No. 05-1633. Filed for public inspection September 2, 2005, 9:00 a.m.]

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