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PA Bulletin, Doc. No. 04-471

THE COURTS

JUNIATA AND PERRY COUNTIES

Rules of Civil Procedure 1915.15, 1919, and 1920.12; No. 73 of 2004; No. 2004-2

[34 Pa.B. 1571]

Order

   And Now, March 1, 2004, the Court hereby adopts the following Rule of Civil Procedure to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and one (1) certified copy to the Domestic Relations Committee.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary/Clerk of Courts Office.

By the Court

C. JOSEPH REHKAMP,   
President Judge

Rule 1915.  Custody

Rule 1915.15 Form of Complaint.Order.

   (1)  In addition to the information required by Pa.R.C.P. 1915.15, every complaint for Custody, Partial Custody, Visitation or Modification shall contain one of the following averments:

   A.  Plaintiff has been advised of the requirement to attend the seminar titled ''Education Program for Separated Parents'' offered by Penn State.

   or

   B.  The parties have previously attended the ''Education Program for Separated Parents'' program as evidenced by certificates of attendance contained in the official court file to the following referenced case number______ and/or verification of certificate attached hereto.

   (2)  The Order and Notice shall also include the following:

   A.  ''The Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed ''Education Program for Separated Parents'' registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009.''

   or

   B.  ''The parties have previously attended the ''Education Program for Separated Parents'' as evidenced by certificates of attendance in the official court file to the following referenced case number ______.''

Rule 1919.  Mandatory Seminar for Separating Parents

   1.  In all divorce and custody proceedings filed on or after May 1, 2004, and in such other cases as the Court shall direct, where the interests of children under the age of 18 years are involved, the parties shall, within sixty (60) days of the date a claim is filed, attend a four-hour mandatory seminar entitled ''Education Program for Separated Parents.''

   2.  In all custody/visitation proceedings filed on or after May 1, 2004, each Notice Order and complaint shall include the additional information in accordance with Perry or Juniata County Civil Rule 1915.15.

   3.  In all divorce proceedings filed on or after May 1, 2004, where the parties have a child or children under the age of eighteen years, every complaint shall contain the additional information required by Perry or Juniata County Civil Rule 1920.12. It shall also have attached thereto an Order directing attendance at the Seminar in the form set forth in Perry or Juniata County Civil Rule 1920.12(3).

   4.  The moving party shall serve the responding party with a copy of the Court Order directing attendance at the Seminar at the time a divorce complaint is served. A program brochure/registration form shall also be provided by the moving party to the responding party at the time of service of the complaint. A supply of said brochure/registration forms can be obtained in the Office of the Prothonotary or Court Administrator.

   5.  The affidavit of service shall include a statement that the opposing party was advised of the requirement to attend the ''Education Program for Separated Parents'' and served with the registration form.

   6.  Within sixty (60) days after service, both parties are required to register and attend the program by mailing the pre-printed ''Education Program for Separated Parents'' registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. Any requests for waiver or reduction of attendance fee can only be granted by Penn State.

   7.  Court approval is required for an extension of time to complete the seminar. Said requests for extension shall be made in writing and forwarded to Court Administration.

   8.  Failure to register and complete the program will be brought to the attention of the Court and may result in a finding of contempt and the imposition of sanctions.

Rule 1920.  Actions in Divorce or Annulment

Rule 1920.12 Complaint

   1.  In addition to the information required by Pa.R.C.P. 1920.12, every Complaint in Divorce shall contain one of the following averments:

   a.  Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage; or

   b.  Plaintiff avers that there are children under the age of eighteen (18) years born of the marriage namely, to wit:  (list names and dates of birth.)

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

   a.  Plaintiff has been advised of the requirement to attend the seminar ''Education Program for Separated Parents;'' or

   b.  The parties have previously attended the ''Education Program for Separated Parents'' as evidenced by certificates of attendance contained in the official court file to the following referenced case number (list case number.)

   3.  In the event there are children under the age of eighteen (18) years of age born of the marriage, and there is no averment that the parties previously attended the ''Education Program for Separated Parents,'' the divorce complaint shall have attached thereto, an order in substantially the following [order] form:

: IN THE COURT OF COMMON PLEAS
VS.
: OF THE 41ST JUDICIAL DISTRICT
: (INSERT) COUNTY, PENNSYLVANIA
: NO.

ORDER OF COURT

   AND NOW, ______, the Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed ''Education Program for Separated Parents'' registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009.

BY THE COURT:
__________

cc:  Plaintiff
Defendant
Court Administration

[Pa.B. Doc. No. 04-471. Filed for public inspection March 19, 2004, 9:00 a.m.]


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