AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for commencement of
3proceedings.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 6106 of Title 23 of the Pennsylvania
7Consolidated Statutes is amended by adding subsections to read:

8§ 6106. Commencement of proceedings.

9* * *

10(g.2) Service by certified mail.--Upon request of the
11plaintiff, the court may permit service of the petition and
12order via certified mail.

13* * *

14(i)  Failure to locate defendant.--If a defendant's address
15is unknown by both the plaintiff and the court, the court may
16allow the plaintiff to complete an affidavit of good faith
17including all known information about the defendant, including,

1but not limited to:

2(1) The time and place at which time the parties last 
3resided together.

4(2) The last time the parties were in contact with each 
5other.

6(3) The defendant's address and telephone number at the 
7last time the parties were in contact with each other.

8(4) The name and address of the last employer of the 
9defendant either during the time the parties resided together or 
10at a later time.

11(5) The names, addresses and relationships to defendant of 
12relatives known to be close to the defendant.

13(6) Proof that inquiry has been made in an effort to 
14obtain the address of the defendant of the following applicable 
15documents:

16(i) Voter registration records.

17(ii) Post office records.

18(iii) Social Security Administration records.

19(7) Proof that inquiry has been made in an effort to 
20determine if the defendant is currently serving in the armed 
21forces of the following branches:

22(i) The United States Army.

23(ii) The United States Navy.

24(iii) The United States Marine Corps.

25(iv) The United States Coast Guard.

26(8) A statement averring that the petition was sent to the 
27defendant's last known address and has not been returned within 
2815 days.

29(9) All other details of the efforts made to ascertain the 
30defendant's present address to effect service.

1(j) Form.--In addition to the affidavit completed under
2subsection (i), the petitioner shall complete the following form:

31. Petitioner and Respondent last resided together at the 
4address on or about the date of .

52.  The parties were last in contact with each other on or 
6about the date of .

73.  On said date, Respondent's address was

8and Respondent's telephone number was .

94.  The name and address of the last employer of the 
10Respondent are as follows: .

115.  The names and addresses and relationships to Respondent 
12of relatives known to be close to him/her are as follows:

13

14 .

156.  Petitioner has made inquiry of applicable (1) Voter 
16registration records; (2) Post office records; and (3) Social 
17Security Administration records in an effort to obtain the 
18address of Respondent. (Attach proof of the inquiry and 
19responses you have received.)

207.  Petitioner has made inquiry of (1) The United States 
21Army; (2) The United States Navy; (3) The United States Marine 
22Corps; and (4) The United States Coast Guard in an effort to 
23determine if the defendant is currently serving in the armed 
24forces. (Attach proof of the inquiry and responses you have 
25received.)

268.  Petitioner has mailed a copy of the petition to the 
27defendant's last known address and that letter has not been 
28returned within 15 days after mailing.

299.  Petitioner has also done the following in an effort to 
30ascertain the defendant's present address to effect service:

1

2 .

3I, , the Petitioner in this action,
4hereby verify that the statements made in the foregoing affidavit
5are true and correct to the best of my knowledge, information and
6belief. I understand that this affidavit is made subject to 18
7Pa.C.S. § 4904 relating to unsworn falsification to authorities.

8Date:

9Signature:

10(k) Letter of request.--Upon completion, the court will send a 
11letter on the plaintiff's behalf requesting a current address for 
12the defendant if known. The letter shall be sent to all possible 
13databases and sources, including, but not limited to:

14(1) The Voter Registration Office.

15(2) The office of the United States Postmaster General.

16(3) The Social Security Administration.

17(4) The United States Army Office of the Chief of Public
18Affairs.

19(5) The United States Navy World Wide Locator.

20(6) The United States Marine Corps Headquarters.

21(7) The United States Coast Guard Military Personnel World
22Wide Locator.

23(8) The office of Philadelphia City Commissioners.

24If a database or source requests further information, the court
25shall contact the plaintiff and obtain the information before
26responding to the database or source on the plaintiff's behalf. If
2730 days elapse and all attempts to ascertain a current address for
28the defendant fail, the court may allow alternative service by
29public notice.

30(l)  Public notice.--When a defendant's address is unknown to a
 

1plaintiff or the court, the court may permit the publishing of the 
2name and date of birth of the defendant in a proceeding under this 
3act in any daily, weekly, semiweekly or triweekly newspaper of 
4general circulation for two consecutive publication runs in the 
5county where the plaintiff files the petition for protection from 
6abuse. The publication listing shall also contain the name of the 
7court, date of the next court appearance and instructions, contact 
8information for the court and instructions to contact the court for 
9further information. The publication shall not list the nature of 
10the proceeding for which the defendant is sought.

11(m)  Content of public notice.--The publication listing shall
12contain the name of the court, date of the next court appearance
13and instructions, contact information for the court and
14instructions to contact the court for further information. The
15publication shall not list the nature of the proceeding for
16which the defendant is sought.

17Section 2. This act shall take effect in 60 days.