THE COURTS
MONROE COUNTY
Civil Rules--Custody and Divorce
[26 Pa.B. 5695]
Order And Now, November 12th, 1996, the following Custody Rules of Civil Procedure are adopted to be effective thirty days from the date of publication in the Pennsylvania Bulletin. All local Custody Rules heretofore adopted are rescinded effective the same date.
The following Divorce Rules of Civil Procedure are amended to include new Local Divorce Rules.
By the Court
RONALD E. VICAN,
President Judge
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule 1915.1. Scope. Definitions.
(a) These rules shall govern all actions for custody, partial custody, and visitation, including original actions, petitions to modify decrees, contempt, habeas corpus proceedings, and registration of foreign decrees. These local rules shall be interpreted as supplementing the Pennsylvania Rules of Civil Procedure governing custody actions set forth at Pa.R.C.P. 1915.1 et seq.
(b)(1) As used in these Rules, unless the context of a Rule indicates otherwise, the definitions of action, custody, home county, legal custody, partial custody, person acting as parent, physical custody, shared custody and visitation shall have the same definition as provided in the Pennsylvania Rules of Civil Procedure 1915.1(b).
(2) The following are additional definitions:
''Custody Conciliator'' shall mean an attorney who is duly licensed to practice law in the Commonwealth of Pennsylvania and is appointed by the Court to conduct conciliation conferences.
''Court'' shall mean the Court of Common Pleas of Monroe County.
''Conciliation Conference'' shall mean a pre-hearing/negotiation session conducted under the auspices of the Court by the custody conciliator.
''Hearing'' shall mean a hearing before a judge of the Court of Common Pleas of Monroe County.
''Program'' shall mean the mandatory Co-Parent Education Program.
''Provider'' shall mean the provider of the Co-Parent Education Program.
Rule 1915.3. Commencement of Action.
(a) All complaints for custody, partial custody, visitation, modification of current orders, and motions for conciliation conferences shall be filed with the Prothonotary and, where not specifically reserved to the Court, shall be turned over to the custody conciliator who shall set the date, time and place for a conciliation conference. The Court shall then enter an Order for service upon the parties and counsel in accordance with Pa.R.C.P. 1930.4.
(b) If a custody claim is asserted in a divorce complaint, when either party desires a conference on the custody issue, he/she may file a Motion with the Prothonotary requesting a date and time for conference in accordance with these rules. This motion shall include the information set forth in Pa.R.C.P. 1915.15(a).
Rule 1915.3a. Custody Conciliation.
(a)(1) Authority of Conciliator--The Court shall appoint an attorney(s) who is duly licensed to practice law in the Commonwealth of Pennsylvania, as an official of the Court who may:
a. Conciliate custody cases filed with the Court which specifically includes meeting with the parties, counsel and the children, if appropriate;
b. Recommend appointment of counsel and/or guardian ad litem for the child(ren);
c. Recommend that home studies and/or other evaluations be conducted of the parties and/or the child(ren);
d. Recommend to the Court that interim or temporary orders be entered in appropriate cases;
e. Prepare agreed recommendations and orders for presentation to the Court.
(2) Scheduling of Conferences--All custody matters not specifically reserved to the Court shall be scheduled for a conference before the custody conciliator. All parties and counsel, if any, shall be present at the conference.
(3) Attendance--All parties shall be present at the conciliation conference. Failure of a party to appear at the conference may provide grounds for the entry of a temporary order. The conference shall commence at the designated time with or without counsel being present.
(4) Record--To facilitate the conciliation process and encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties or anyone in attendance at the conference shall not be admissible as evidence in court. The custody conciliator shall not be a witness for or against any party nor shall there be any testimony taken at the conference. The custody conciliator shall not be subject to subpoena to force testimony regarding information revealed during the conciliation conference.
(5) Conciliation Procedure--The conciliator shall ascertain the issues in the action through review of the pleadings, discussion with counsel, the parties and the children, where necessary, in an attempt to narrow the issues and negotiate a consent agreement or stipulation. If the parties reach an agreement, it will be forwarded to the Court as a recommendation and proposed order for approval by the Court.
At the conclusion of a conference where the case remains contested on some or all of the issues, the conciliator shall prepare a recommendation for an interim order which shall be forwarded to the Court for approval.
Upon completion of all home studies and any other expert evaluations ordered, any party may petition the Court for a full evidentiary hearing. Every hearing will be preceded by a conciliation conference before the custody conciliator.
Rule 1915.15. Form of Complaint.
(a)(1) In addition to the information required by Pa.R.C.P. 1915.15, each complaint shall contain the following averments:
a. Plaintiff has been advised of the requirement to attend the Co-Parent Education Program and of the program description set forth following Local Rule 1930.
b. Defendant will be provided, along with the complaint, a copy of the Order requiring attendance at the Co-Parent Education Program set forth herein, a copy of an application for registration for the program and the program description set forth following Local Rule 1930.
(2) An affidavit of service for applicable actions shall include a statement that the Order requiring attendance, registration form and Program description were served with the applicable pleading.
(3) Counsel for the moving party must inform the moving party of his/her obligation to attend the Program in accordance with these rules. Further, Counsel must provide the moving party with the registration form and the Program description. The moving party, if unrepresented, must obtain the registration form and Program description in the Prothonotary's Office, Monroe County Courthouse, Stroudsburg, Pennsylvania. The moving party must apply for the Program within fifteen (15) days after filing the complaint or pleading and must complete the Program within sixty (60) days of the filing of the applicable pleading. The responding party must make application within fifteen (15) days after he or she is served with the complaint or pleading and must complete the Program within sixty (60) days of the date of the Order directing him/her to attend.
(4) Any party who resides more than sixty (60) miles from Stroudsburg may contact the provider to make other arrangements to satisfy the attendance requirements.
(5) After a party completes the Program, the provider shall forward to the Prothonotary a Certificate of Completion, setting forth the name of the attendee and the docket number of the case, which certificate shall be filed of record.
(6) No final custody hearing shall be held, order granted or divorce decree entered where there are children under the age of eighteen (18) until all parties have attended and completed the Program. This requirement may be waived by the Court upon petition filed for good cause shown. Refusal of the non-moving party to attend the Program shall be considered good cause by the Court.
(b) The order to be attached at the front of the complaint or motion for conciliation conference shall be in substantially the following form:
(Caption)
ORDER OF COURT
You, ______, (defendant respondent), have been sued in court to (OBTAIN) (MODIFY) custody, partial custody or visitation of the child(ren):______ (Names and Ages)______.
AND NOW, upon consideration of the attached Complaint (Motion), it is hereby ordered that the parties and their respective counsel appear before______, Custody Conciliator, on the ______ day of ______ , 19 ____ , in the Conciliation Room, second floor, Monroe County Courthouse at _____ (a.m./p.m.) for a conciliation conference. At such conference an effort will be made to resolve the issues in dispute; or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into an Interim Order. Failure to appear at the conference may provide grounds for the entry of a Temporary Order.
You are further ordered to bring with you the following minor child(ren):
__________
NOTE: Children under the age of eight (8) need not attend.If you fail to appear as ordered or to bring with you the minor child(ren), an Order for custody may be entered against you by the Court or the Court may issue a warrant for your arrest.
ALL PARTIES ARE FURTHER ORDERED to attend a program entitled the Co-Parent Education Program and to bring with you to the conference the Certificate of Completion you will receive at the program. You must register for the program using the registration form attached within fifteen (15) days of the date that you receive this Order. Further, you must attend and complete the program within sixty (60) days from the date of this Order.
FAILURE TO ATTEND AND COMPLETE THE PROGRAM IN ACCORDANCE WITH THE INSTRUCTIONS ATTACHED TO THIS ORDER WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN THE FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
MONROE COUNTY COMMISSIONERS
ADMINISTRATIVE CENTER
2 QUAKER PLAZA
STROUDSBURG, PA 18360
(717) 420-3400AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Monroe 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 seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing.
BY THE COURT:
Date:______
______
J.Rule 1920. Actions in Divorce or Annulment.
Rule 1920.1. Form of Complaint.
(1) In addition to the information required by Pa.R.C.P. 1920.12, each complaint in Divorce shall contain one of the following averments:
A. Plaintiff avers that there are no children of the parties under the age of eighteen (18).
B. Plaintiff avers that there are children of the parties under the age of eighteen (18), namely: (list names, ages and dates of birth).
(2) Any affidavit of service for applicable actions shall include a statement that the Order requiring attendance at the Program, a registration form, and a Program Description as set forth following Local Rule 1930 were served with the applicable pleading.
(3) At such time as a party completes the Program, the Provider shall file with the Prothonotary a Certificate of Completion, setting forth the name of the party and the docket number of the case, which certificate shall be filed of record.
(4) Each Divorce Complaint shall contain the following second cover sheet:
(Caption)
ORDER
You are ORDERED to attend a program entitled the Co-Parent Education Program. You must register for the program using the registration form attached within fifteen (15) days of the date that you receive this Order. Further, you must attend and complete the program within sixty (60) days from the date of this Order.
FAILURE TO ATTEND AND COMPLETE THE PROGRAM IN ACCORDANCE WITH THE INSTRUCTIONS ATTACHED TO THIS ORDER WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN THE FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT.
No final hearing shall be held, order entered or divorce decree granted where there are children under the age of eighteen (18) until all parties have attended the Program.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
MONROE COUNTY COMMISSIONERS
ADMINISTRATIVE CENTER
2 QUAKER PLAZA
STROUDSBURG, PA 18360
(717) 420-3400AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Monroe 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 seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing.
BY THE COURT
Date:______
______
J.Rule 1930. Mandatory Co-Parent Education Program.
(1) In all divorce and custody proceedings filed on or after January 1, 1997, and in such other cases as the Court may direct, where the interests of children under the age of eighteen (18) are involved, the parties shall attend and complete a four hour program entitled ''Co-Parent Education Program,'' referred to in these local rules as ''Program.'' See Program description following this Rule.
(2) In all custody proceedings filed on or after January 1, 1997, each complaint or motion shall contain a cover sheet in accordance with Local Rule 1915.15.
(3) In all divorce proceedings filed on or after January 1, 1997, where the parties have minor child(ren), each complaint shall contain a second cover sheet in accordance with Local Rule 1920.1(4).
(4) The parties shall register for the Program using the registration form that will be served with the pleading and within the time allotted by the Order. The Custody Conciliator will establish the date and time for the Custody Conciliation Conference.
(5) The moving party shall serve with the applicable pleading, a copy of the Program registration form and description. The moving party shall also file an affidavit of service setting forth that these items have been served together with the applicable pleading.
(6) In both custody and divorce proceedings, every party shall attend the Program within sixty (60) days from the date of the Order requiring attendance. Any request for an extension of time to complete attendance shall be made to the Provider.
(7) The fee for the Program is $25.00 per party and must be submitted with the registration form. Payment shall be made by certified check, money order or cash. NOTE: No personal checks will be accepted.
(8) No hearing or conference shall be held, order entered or divorce decree granted until all parties have attended and completed the Program, unless the requirement is waived by the Court for good cause shown. Refusal of the non-moving party to attend the Program shall be considered good cause by the Court.
(9) Failure to comply with the Order may result in the dismissal of the action, striking of pleadings, or other appropriate action, including sanctions for contempt.
(10) Copies of this Rule, Program registration form and Program description shall be available in the Prothonotary's Office of the Court of Common Pleas of Monroe County.
[Pa.B. Doc. No. 96-1959. Filed for public inspection November 22, 1996, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
