1800 Revision of local rule of civil procedure L1915.4; prompt disposition of custody cases; mandatory education program for parents in custody matters; no. 01-1115

CARBON COUNTY

Revision of Local Rule of Civil Procedure L1915.4; Prompt Disposition of Custody Cases; Mandatory Education Program for Parents in Custody Matters; No. 01-1115

[31 Pa.B. 5543]

Administrative Order 21-2001

   And Now, this 21st day of September, 2001, it is hereby Ordered and Decreed that effective thirty (30) days after publication in the Pennsylvania Bulletin, the Court of Common Pleas of Carbon County Amends Local Rule of Civil Procedure L1915.4 governing prompt dispositions of custody cases including Mandatory Education Program for Parents.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Civil Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order in the Prothonotary's Office.

By the Court

RICHARD W. WEBB,   
President Judge

Rule L1915.4.  Prompt Disposition of Custody Cases. Mandatory Education Program for Parents in Custody Matters.

   1.  Upon the filing of any claim for custody, the moving party shall deposit with the Prothonotary the sum of $300.00 unless excused by the Court.

   2.  All actions commenced under these rules shall be scheduled for a pre-hearing conference. The pre-hearing conference shall be held to focus on issues of fact and law and to explore the possibility of a negotiated settlement and consent order.

   3.  A continuance of the pre-hearing conference may be granted by the Court upon good cause shown.

   4.  If the parties agree on a custodial arrangement, two hundred dollars shall be refunded to the depositing party and a consent order shall be entered in substantially the same form as set forth in ''Form A'' following Carbon County Local Rule L1915.7.

   5.  If the parties are unable to agree, the hearing officer shall immediately contact Court Administration for a hearing date, insert this date on a Hearing Notice as set forth in ''Form A'', file the original with the Prothonotary, and deliver a copy of same forthwith to the parties, counsel, and Court Administration.

   6.  At the conclusion of the pre-hearing conference, the hearing officer shall prepare a recommended Interim Order which said officer believes is in the best interest of the child(ren) and forward it to the Court within 10 days of the pre-hearing conference. The Interim Order shall require the parties to file a Pre-Trial Memorandum with the Prothonotary's Office within five (5) days prior to hearing, and shall contain the following:

   (A)  A clear concise statement of the principal custody issues to be resolved by the Court;

   (B)  Principles of law to be applied;

   (C)  List of witnesses to be called and exhibits;

   (D)  Listing of any evidentiary disputes; and Legal Argument.

   (E)  Proposed Findings of Fact

   (F)  Proposed Custody Order.

   7.  In all custody proceedings where the interests of children under the age of eighteen (18) are involved, the parties shall attend and complete one 4-hour session entitled ''Education Program for Divided Families'', referred to in these local rules as ''Program''.

   8.  In all custody proceedings, each complaint or petition shall be in compliance with Local Rule L206.1 or Local Rule L205.3.

   9.  At the time of the filing of the Complaint/Petition, the Attorney or unrepresented party shall attach the Court Order requiring attendance at the Program as set forth in Form ''B'', a registration form, and Program description.

   10.  The parties shall register BY MAIL for the Program within fifteen (15) days after he or she is served with the Court Order.

   11.  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 the Program shall be made to the Court.

   12.  The fee for the Program is $25.00 per party and must be submitted with the registration form. Certified check or money order will be accepted for payment. Checks and money orders shall be made payable to the Kathryn James. NOTE: NO PERSONAL CHECKS OR CASH WILL BE ACCEPTED. NO REFUNDS GIVEN.

   13.  No final hearing shall be held or final order entered until all parties have attended and completed the Program, unless the Court waives the requirement 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. 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.

   14.  Upon filing of the Certificate of Completion, the Prothonotary shall provide a copy to Court Administration.

   15.  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 Carbon County.

''FORM A''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

______	:
Plaintiff	:
vs.	:	NO. ______
______	:
Defendant	:
______	-	Attorney for Plaintiff
______	-	Attorney for Defendant

NOTICE OF HEARING

   You, ______ , Defendant, have been sued in court to obtain custody of the child(ren):
__________
__________

You are ordered to appear in person at Courtroom No. _____ , Carbon County Courthouse, Jim Thorpe, Pennsylvania, on ______ , 20 __ at _____ A.M./P.M., prevailing time, for a hearing. If you fail to appear as provided by this order, an order for custody may be entered against you or the court may issue a warrant for your arrest.

   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 LEGAL HELP.

LEGAL SERVICES OF NORTHEASTERN PENNSYLVANIA, INC.
122 IRON STREET
LEHIGHTON, PA 18235
(610-377-5400)

COUNSEL IS ATTACHED FOR THESE PROCEEDINGS.

Dated: ______ , 20 __   ______ Esquire - Hearing Officer

I/We hereby acknowledge receipt of the Notice of Hearing.

__________
Defendant
__________
Plaintiff

__________
Attorney for Defendant
__________
Attorney for Plaintiff

''FORM B''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
	:
vs.	:	NO.
	:	CUSTODY ACTION

ORDER OF COURT

   You are ORDERED to attend a program entitled ''Education Program for Divided Families'' in connection with the above-captioned custody action. 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 A FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT.

   No final hearing shall be held or final order entered where there are children under the age of eighteen (18) until all parties have attended the Program or by leave of 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 LEGAL HELP.

Legal Services of Northeastern Pennsylvania, Inc.
122 Iron Street
Lehighton, PA 18235
[phone]

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Carbon 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 the District Court Administrator's Office at [phone]. 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 Program.

	BY THE COURT:
DATED: ______	______
	J.

EDUCATION PROGRAM FOR DIVIDED FAMILIES

   In cases involving custody of minor children, mandatory attendance at one 4-hour session entitled ''Education Program for Divided Families'' is required. MINOR CHILDREN SHALL NOT BE BROUGHT TO THE PROGRAM.

PROGRAM CONTENT

   The Program focuses on the impact of divorce on parents and children, with an emphasis on fostering a child's emotional health and well being during the periods of stress. The program is informative, supportive, and directs people desiring additional information or help to appropriate resources.

   The Program addresses the following items:

   A.  Impact of Divorce on Parents and Children: tasks adults face; tasks children face; common reactions of children of different ages; and do's and don'ts of parenting.

   B.  Identifying and dealing with feelings such as anger toward your children, from your children, and toward your ex-spouse, as well as the healing process.

   C.  Open Discussion: explaining divorce, visitation problems, new relationships, parents at war with co-parent, etc.

WHO

Kathryn M. James
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322
Telephone: [phone]

WHEN

   The Program is offered every month on one (1) Saturday from 9:00 A.M. until 1:00 P.M.

WHERE

   The Program will be presented at the Carbon County Conservation District building located at 5664 Interchange Road, Lehighton, PA 18235 (located next to the Pennsylvania State Police Barracks on Route 209 North - building is between Gensis Day Care and the PA State Police Barracks). Directions: From the south (Palmerton, Lehighton), take 209 North (about 5 miles past the Turnpike entrance); From the northwest (Jim Thorpe, Lansford, Summit Hill) take 209 North; and from the north (Weatherly, Beaver Meadows) take 93 South to 209 North.

ATTENDANCE

   Attendance at the Program is required of parties in a custody case where the interests of children under the age of eighteen (18) years are involved and is ordered by the Court. Additional interested persons may attend the seminar upon prior approval of the provider with the payment of ten ($10.00) dollars.

PRESENTERS

   A qualified counselor selected by the Court of Common Pleas of Carbon County will present the program.

NOTIFICATION

   A copy of the Order requiring the parties to attend the Program, a Registration Form, and Program Description will be provided to the parties by the Attorney or unrepresented party upon filing of a custody action.

FEES

   A fee of $25.00 per party is required and will be used to cover all program costs. The fee must be submitted with the registration form directly to the Provider. Certified check or money order will be accepted as payment. NO PERSONAL CHECKS OR CASH WILL BE ACCEPTED. NO REFUNDS GIVEN.

REGISTRATION

   Register by MAIL, only. The provider must receive the registration form and program fee at least seven (7) days prior to the selected date. Each party shall attend the Program without further notification by the Court. Any changes in scheduling must be arranged through the provider.

VERIFICATION OF ATTENDANCE

   Upon presentation of photo identification, the provider will record the party as ''present'' and shall provide to the Prothonotary of Carbon County a Certificate of Completion, which shall be filed of record. The Provider will give a Certificate of Attendance to each person who successfully completes the Program.

EVALUATION

   Each participant shall complete a written evaluation of the Program upon the conclusion of the session. Said evaluation forms shall be presented to the Court upon request.

Kathryn M. James
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322
Telephone: [phone]

REGISTER BY MAIL, ONLY: Choose the date you want to attend, complete the attached form, and send it with your certified check or bank money order payable to Kathryn James to:

Kathryn M. James
P. O. Box 184
Brodheadsville, PA 18322

   If you have any questions regarding the program or scheduling, call: [phone].

2001 Registration Form--Education Program for Divided Families
Carbon County, Pennsylvania

   The Program is held at the Carbon County Conservation District building located at 5664 Interchange Road, Lehighton, PA 18235 (located next to the Pennsylvania State Police Barracks on Route 209 North- building is between Gensis Day Care and the PA State Police Barracks).

   You are required to attend one 4-hour Saturday session. The cost of the Program is $25.00 per party.

   Other guests can attend for an additional $10.00 fee.

   Photo identification is required.

   Parking is available on site.

   Register at least seven (7) days prior to the date you want. IF TEN (10) PARTICIPANTS ARE NOT REGISTERED, THE CLASS WILL BE CANCELLED AND YOU WILL NEED TO RE-SCHEDULE. CONFIRMATIONS ARE NOT SENT. Come to the program you choose, unless notified that the class is full. Class may be cancelled due to snow. You will be informed of this cancellation by telephone.

   If you cannot attend the class you registered and paid for, you must call Kathryn James at [phone] to let her know of the change in plans. If the cancellation is made a week prior to the scheduled date, you may attend the next scheduled class at no additional charge. IF NO NOTICE OF CANCELLATION IS GIVEN OR IT IS NOT MADE ONE WEEK PRIOR TO CLASS, YOU MUST PAY AN ADDITIONAL $10.00 TO TAKE THE NEXT CLASS.

   Children SHALL NOT be brought to the Program.

   Please be prompt. Latecomers are not admitted and must reschedule.

   In case of a snowstorm, listen to the radio and/or television for cancellations - WYNS 11.60 A.M., WLSH 14.10 A.M., or TV WYOU- News 22. Call [phone] to reschedule.

   Docket Number: of custody case ______ Docket Number MUST be filled in for attendance credit. Please indicate County of jurisdiction: ______

Your Name: ______

Guest: __________
(Name and Relationship to Child)

Your Address: ______

City: ______ State: _____ Zip: _____

Telephone Number: ______ (Home) ______ (Work)

SATURDAYS--9:00 A.M. TO 1:00 P.M.

Jan. 5, 2002	______
Feb. 2, 2002	______
March 2, 2002	______
April 13, 2002	______
May 4, 2002	______
June 2, 2001	______
July 6, 2002	______
August 3, 2002	______
Sept. 7, 2002	______
Oct. 5, 2002	______
Nov. 2, 2002	______
Dec. 7, 2002	______

Send completed registration form and fee by certified check or money order payable to Kathryn James to:

Kathryn M. James
P. O. Box 184
Brodheadsville, PA 18322
Telephone: [phone]

   NO PERSONAL CHECKS OR CASH WILL BE ACCEPTED. NO REFUNDS GIVEN.

[Pa.B. Doc. No. 01-1800. Filed for public inspection October 5, 2001, 9:00 a.m.]