THE COURTS
Title 255—LOCAL
COURT RULES
SCHUYLKILL COUNTY
Amended/Adopted Civil Rules of Procedure
[40 Pa.B. 7041]
[Saturday, December 11, 2010]
Order of Court And Now, this 23rd day of November, 2010 at 11:00 a.m., Schuylkill County Civil Rules of Procedure No. 1915.1(b), 1915.3, 1915.15 are amended and Civil Rule of Procedure No. 1915.3a is adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.
The Prothonotary of Schuylkill County is Ordered and Directed to do the following:
1) File seven (7) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts;
2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau.
3) Forward one (1) certified copy of this Order and Rule with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.
5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Prothonotary and the Schuylkill County Law Library.
It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
By the Court
WILLIAM E. BALDWIN,
President Judge
Proposed Revisions to Schuylkill County
Rules of Civil Procedure Rule 1915.1(b). Definitions.
''Kids First.'' A four hour orientation and education program established to help parents and other parties in child custody actions to understand the effects of separation, divorce, and family conflicts in their lives and in the lives of their children.
Rule 1915.3. Commencement of Action. Complaint. Order.
(c) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for custody, partial custody or visitation, and every petition for modification of an existing custody order, shall contain the following language:
(1) ''Plaintiff has been advised of the requirements to attend the Kids First program.''
(2) ''Defendant has been advised of the requirements to attend the Kids First program.''
(d) A completed order shall be attached to the complaint or petition which includes a provision that all parties attend the Kids First program and the Custody Conciliation Conference which shall be in substantially the form set forth in Sch.R.C.P. 1915.15. All parties named in the pleadings must register for and attend the Kids First program as ordered.
Rule 1915.3a. Kids First Program.
(a) The Court Administrator shall determine the dates, times, and location of the Kids First program.
(b) The name, address, and contact information for the presenter of the Kids First program are: Anthony J. Libassi, 200 Adams Avenue, Scranton, PA 18503, (570) 558-1002, (toll free) 888-215-7445, and www. libassimediation.com.
(c) Brochures and registration forms for the Kids First program will be available at the Custody Office, Schuylkill County Law Library, and the Prothonotary's Office.
(d) Parties residing outside of Schuylkill County may contact the presenter for possible alternative programs or alternative scheduling if they are unable to attend Kids First as scheduled.
(e) The presenter of Kids First is authorized to approve individual requests for changes to the Kids First registration requirements and scheduling, only upon a showing of good cause.
(f) Upon successful completion of the Kids First program, the presenter shall issue a certificate of completion to the party and provide the Court Administrator of Schuylkill County with a certification of completion which shall be docketed and made part of the record.
(g) The affidavit of service or the certificates of service of a complaint for custody, partial custody, or visitation, and a petition for the modification of custody, shall contain a statement that the opposing party or counsel of record for the opposing party has been served with the Kids First brochure and registration form.
(h) A party to a custody proceeding who has successfully completed the Kids First program will be excused from attending another Kids First program if the party files of record an affidavit stating that the party has attended and successfully completed the Kids First program with a copy of the certificate of completion attached as an exhibit.
Rule 1915.15. Form of Complaint.
(a) In addition to the information required by Pa.R.C.P. 1915.15(a) and (b), each complaint for custody, partial custody, or visitation, or a petition to modify an existing custody order, shall have attached to its front an order in substantially the following form:
IN THE COURT OF COMMON PLEAS FOR SCHUYLKILL COUNTY
CIVIL ACTION - LAW
_________________ , : : Plaintiff, : : No.: S- VS. : : _________________ , : : Defendant. :
ORDER OF COURT AND NOW, this __ day of _____ , 200__ . at __.m., you are hereby ORDERED as follows:
You have been sued in Court to obtain Custody, Partial Custody or Visitation of the child(ren) named in the Complaint.
I. PARENT EDUCATION PROGRAM
1. ALL PARTIES NAMED ABOVE SHALL ATTEND AND COMPLETE THE ''KIDS FIRST'' PROGRAM. THE PROGRAM IS REQUIRED FOR ALL PARTIES PARTICIPATING IN A CUSTODY ACTION. PARTICIPATION IS REQUIRED WHETHER OR NOT AN AGREEMENT IS SUBMITTED.
2. EACH OF YOU SHALL CONTACT ''KIDS FIRST'' WITHIN TEN (10) DAYS OF RECEIVING THIS ORDER TO SCHEDULE AND REGISTER FOR THE NEXT AVAILABLE PROGRAM IF YOU FAIL TO COMPLY WITH THIS PROVISION OF THIS ORDER, CONTEMPT CHARGES AGAINST YOU SHALL BE FILED WITH THE COURT.
TO SCHEDULE AND REGISTER FOR THE ''KIDS FIRST'' PROGRAM CONTACT ANTHONY LIBASSI BY ONE OF THE FOLLOWING:
(a) internet: WWW.LIBASSIMEDIATION.COM
(b) telephone: 570-558-1002
888-215-7445 (toll free)(c) mail: ANTHONY LIBASSI
200 Adams Avenue, First Floor
Scranton, PA 18503YOU ARE EACH REQUIRED TO PAY A FEE OF FORTY DOLLARS ($40.00) DIRECTLY TO THE ''KIDS FIRST'' PROGRAM AT THE TIME OF REGISTRATION.
3. LOCATION OF ''KID FIRST'' PROGRAMS:
SCHUYLKILL COUNTY COURTHOUSE
401 N. 2nd STREET
POTTSVILLE, PA
PHONE: 570-341-2007FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS.
II. CUSTODY CONCILIATION CONFERENCE
You are ordered to appear in person at the Custody Conciliation Office, of the Schuylkill County Courthouse on ______ , for a Custody Conciliation Conference.
You are further ordered to bring with you the fully completed conciliation questionnaire provided by the Court.
If you fail to appear as provided by the Order, and Order of Custody, Partial Custody or Visitation may be entered against you or the Court may issue a Warrant for your arrest.
III. GENERAL PROVISIONS
YOU SHOULD TAKE THIS PAPER (and the attached papers) 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 LEGAL HELP.
PENNSYLVANIA BAR ASSOCIATION,
Lawyer Referral Services
100 South Street, P. O. Box 186,
Harrisburg, PA 17108
(800) 692-7375Counsel and litigants without counsel are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. ALL requests for a continuance of a Custody Conciliation conference must be made on the APPLICATION FOR CONTINUANCE form available from the offices of the Court Administrator, Custody Conciliator or Prothonotary in the Schuylkill County Courthouse. The application must be filed in the Custody Conciliation Office. A continuance will be granted only upon good cause shown.
The moving party shall immediately serve on all interested parties a copy of the original pleading, this order, ''Kids First'' registration and information, and a custody conciliation questionnaire; and shall further file an affidavit verifying service.
Americans with Disabilities Act of 1990: The Court of Common Pleas of Schuylkill 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 72 hours prior to any program, hearing or business before the court. You must attend the scheduled conference or hearing.
BY THE COURT,
______ J.
[Pa.B. Doc. No. 10-2355. Filed for public inspection December 10, 2010, 9:00 a.m.]
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