THE COURTS
Title 255--LOCAL
COURT RULES
BRADFORD COUNTY
Rules of Civil Procedure No. 1915.15, 1919 and 1920.12; No. 96IR000066
[26 Pa.B. 6185]
Order And Now, this 6th day of December 1996, the Court hereby amends the above-referenced local rules by adopting the following Bradford County Rules 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, one (1) certified copy to the Domestic Relations Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.
It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.
By the Court
JEFFREY A. SMITH,
President JudgeRule 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, or Visitation shall contain one of the following averments:
A. Plaintiff has been advised of the requirement to attend the seminar titled ''Children Cope With Divorce''
(or)
B. The parties have previously attended the ''Children Cope With Divorce'' program as evidenced by certificates of attendance contained in the official court file.
(2) The Order and Notice shall also include the following:
''The parties are directed to pre-register with the Court Administrator and attend the ''Children Cope With Divorce'' seminar on one of the two dates listed below:
Tuesday, ______ , 6:00 p.m. to 10:00 p.m.
Saturday, ______ , 8:30 a.m. to 12:30 p.m.''
(or)
''The parties have previously attended the ''Children Cope With Divorce'' program as evidenced by certificates of attendance contained in the official court file.
Rule 1919. Mandatory Seminar for Separating Families.
1. In all divorce and custody proceedings filed on or after December 1, 1994, 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 thirty (30) days of the date of custody, visitation or divorce claim is filed, attend a four-hour seminar entitled ''Children Cope With Divorce.'' If service of the complaint is not made within ten (10) days of filing, the Plaintiff shall immediately notify the Court Administrator and shall thereafter provide the Court Administrator with proof of service within five (5) days of service.
Note: See the ''Children Cope With Divorce'' program description following this Rule.
2. In all custody/visitation proceedings filed on or after December 1, 1994, each Notice Order and complaint shall include the additional information in accordance with Bradford County Civil Rule 1915.15.
3. In all divorce proceedings filed on or after December 1, 1994, where the parties have a child or children under the age of eighteen years, every complaint shall contain the additional information required by Bradford County Civil Rule 1920.12. It shall also have attached thereto an Order directing attendance at the Seminar in the form set forth in 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 and a copy of the Instruction Sheet shall also be provided by the moving party to the responding party at the time of service of the complaint.
5. The affidavit of service shall include a statement that the opposing party was advised of the requirement to attend the ''Children Cope With Divorce'' program and served with the registration form and Instruction Sheet.
6. Within seven (7) days after service, both parties are required to register for the program by mailing or personally presenting the pre-printed ''Children Cope With Divorce'' registration form, along with a registration fee of $35.00 to the [''Facilitator'',] Court Administrator ['s Office], Bradford County Courthouse, 301 Main Street, Towanda, PA 18848. Any waiver or reduction of attendance fee can only be granted by the [Facilitator] Court Administrator, in consultation with the Court.
7. Court approval is required for an extension of time to complete the seminar.
8. Parents living outside of Bradford County shall contact the [Program Facilitator] Court Administrator for possible alternative program attendance.
9. Upon completion of the seminar, each [parent] participant will receive a copy of a certificate verifying that they have attended the program. The original certificate will be placed in the official court file. No custody trial shall be held or final order entered until both parties have completed the program unless the Court has waived this requirement for good cause shown.
10. Failure to register for and complete the program may result in a finding of contempt and the imposition of sanctions.
CHILDREN COPE WITH DIVORCE Program Goals
''Children Cope With Divorce'' will provide parents with information, support and direction that will facilitate a healthy adjustment for their children. Bitterness often ensnares children caught between divorcing parents. In an effort to reduce the emotional toll on children and limit acrimony, attendance at this four-hour educational seminar is required by the court of all parties in all divorce, custody and visitation actions, and such other family court actions as the Court may deem appropriate. This program will also be open to educators and other persons involved in caring for children. Administration of the program will be through the Court of Common Pleas of Bradford County.
Program Content
The four-hour program provides parents with information about the developmental stages and needs of children with emphasis on fostering the child's emotional health during periods of stress. The program is informative, supportive and will give parents a list of community resources.
Topics will also include typical reactions of families, stress indicators in children, pitfalls to avoid, and skills to help children work through stress.
When
The program is presented twice each month, alternating between Tuesday evenings, from 6:00 p.m. until 10:00 p.m. and Saturday mornings from 8:30 a.m. to 12:30 p.m.
Where
The program is presented at The Children's House, near the Towanda Memorial Hospital.
Attendance
Attendance at the program is required of all parties involved in divorce and custody/visitation cases where the interests of children under the age of 18 years are at issue. The Court may also order attendance in certain instances in other family court cases.
A waiver of attendance will be provided for individuals who have attended a program of equal value. They will need to document for the Court participation in a similar program or counseling experience where the educational information was covered. Any waiver must be determined by [mutual agreement among the presenter,] the Court. [and individual].
Fees
A fee of $35.00 per party is required and is used to cover all costs of the program, including the presenter's fees, handouts, applications, and program administration. The [Facilitator] Court Administrator, in consultation with the Court, will determine whether any fee will be reduced or waived. PRE-PAYMENT IS REQUIRED.
Presenters
The presenters have received training from Families First, Atlanta, GA and will present the programs pursuant to an agreement with the Court.
Application Process
Upon initiation of a divorce/custody/visitation filing, both parties will receive a brochure about the program. The brochure will include a registration form and an instruction sheet describing registration and payment methods. These documents will be served along with the pleading. Registration will be by mail or in person at the Office of the Court Administrator at least three days prior to the scheduled seminar. The registration process is designed to maximize safety to the participants. For safety purposes, participants are asked to indicate if they prefer not to attend the same seminar as the other parent. There are NO WALK-IN ADMISSIONS.
Verification
An alphabetical list of all parties participating in the program will be provided to the presenters prior to each session. This list will be used by the presenters, the facilitator and the Court. Upon completion of the seminar, each parent will receive a copy of a certificate verifying that they have attended the course. The original certificate will be placed in the official court file.
Security
A peace officer will be present throughout the seminar to ensure safety for all participants. The material that is presented is emotionally charged. Although every effort is made to maintain a light, open atmosphere in the presentation of the material, the orientation the participants bring to the seminar can produce very powerful reactions.
Monitoring and Evaluation
Each participant will complete a written evaluation of the seminar at its conclusion, indicating their individual assessment of the value of the program and any suggestions for future programs.
Rule 1920. Actions of 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 ''Children Cope With Divorce'';
(or)
B. The parties have previously attended the ''Children Cope With Divorce'' program as evidenced by certificates of attendance contained in the official court file.
(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 ''Children Cope With Divorce'' program, the divorce complaint shall have attached thereto, an order in substantially the following [Order] form:
: IN THE COURT OF COMMON PLEAS VS. : OF BRADFORD COUNTY, PENNSYLVANIA : NO. __________
ORDER OF COURT
AND NOW, ______ 199 , a Complaint in Divorce being filed herewith which avers that there are children of the marriage under the age of eighteen (18) years of age, and that the parties have not yet attended the ''Children Cope with Divorce'' program, the Court directs that the parties shall pre-register with the Court Administrator and attend the ''Children Cope With Divorce'' seminar on one of the two dates listed below:
Tuesday, _________________ , 6:00 p.m. to 10:00 p.m.
Saturday, _________________ , 8:30 a.m. to 12:30 p.m.
BY THE COURT:
_________________ J.
[Pa.B. Doc. No. 96-2183. Filed for public inspection December 27, 1996, 9:00 a.m.]
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