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PA Bulletin, Doc. No. 10-1473

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

Amendment of Rule 1910.13-1 of the Rules of Civil Procedure; No. 532; Civil Procedural Rules

[40 Pa.B. 4634]
[Saturday, August 14, 2010]

Order

Per Curiam:

 And Now, this 30th day of July, 2010, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1910.13-1 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.13-1. Failure or Refusal to Appear Pursuant to Order of Court. Bench Warrant.

 (a) If a party fails to appear at a conference and/or hearing as directed by order of court, the court may issue a bench warrant for the arrest of the party if it finds

 (1) following a hearing on the record that the party had actual notice that the party was ordered to attend the conference and/or hearing, or

 (2) upon the affidavit of a hearing officer or conference officer that

 (i) the order of court scheduling the conference and/or hearing was served by ordinary mail with the return address of the domestic relations section appearing thereon, that the mail was not returned to the domestic relations section within fifteen days after mailing, and that, at a date after the order of court was mailed, the [United States Postal Service] domestic relations section has verified through the U. S. Postal Service or by electronic means that mail for the party was being delivered at the address to which the court order was mailed; or

 (ii) the party signed a receipt indicating acceptance of a copy of the court order; or

 (iii) an employee of the court handed a copy of the order to the party; or

 (iv) a competent adult handed a copy of the court order to the party, and filed an affidavit of service.

 Official Note: See Rule 76 for the definition of ''competent adult.''

 The support statute, at 23 Pa.C.S.A. § 4353(a), requires parties to a support proceeding to notify the domestic relations section within seven days of a change of personal address. Pursuant to 23 Pa.C.S.A. § 4353(a.1), the court may deem due process service requirements to have been met upon delivery of written notice to the most recent address the party filed with the domestic relations section.

*  *  *  *  *

[Pa.B. Doc. No. 10-1473. Filed for public inspection August 13, 2010, 9:00 a.m.]


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