§ Rule 1915.3 Commencement of Action Complaint Order

Codes > Pennsylvania Rules of Civil Procedure > Actions for > Rule 1915.3

Rule 1915.3. Commencement of Action. Complaint. Order

    (a) Except as provided by subdivision (c), an action shall be commenced by filing a verified complaint substantially in the form provided by Rule 1915.15(a).

    (b) An order shall be attached to the complaint directing the defendant to appear at a time and place specified. The order shall be substantially in the form provided by Rule 1915.15(b).

    Note: See § 5430(d) of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. § 5430(d), relating to costs and expenses for appearance of parties and child, and 23 Pa.C.S.A. § 5471, relating to intrastate application of the Uniform Child Custody Jurisdiction and Enforcement Act.

    (c) A claim for custody, partial custody or visitation which is joined with an action of divorce shall be asserted in the complaint or a subsequent petition, which shall be substantially in the form provided by Rule 1915.15(a).

    Note: Divorce Rule 1920.13(b) provides that claims which may be joined with an action of divorce shall be raised by the complaint or a subsequent petition.

    (d) If the mother of the child is not married and the child has no legal or presumptive father, then a putative father initiating an action for custody, partial custody or visitation must file a claim of paternity pursuant to 23 Pa. C.S. § 5103 and attach a copy to the complaint in the custody action.

    Note: If a putative father is uncertain of paternity, the correct procedure is to commence a civil action for paternity pursuant to the procedures set forth at Rule 1930.6.

    (e) A grandparent seeking physical and/or legal custody of a grandchild pursuant to 23 Pa. C.S. § 5313(b) must plead, in paragraph 7 of the complaint set forth at Rule 1915.15(a), facts establishing the elements of a cause of action under §§ 5313(b)(1), (2) and (3).