THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Adoption of Local Rule of Civil Procedure L1915.4-1, Revision of Local Rules of Civil Procedure L1915.1, L1915.3, L1915.4, L1915.5 and L1915.7, Rescission of Local Rules of Civil Procedure L1915.2, L1915.8, L1915.10, L1915.11, L1915.12, L1915.13, L1915.17, L1915.18, L1915.19 and L1915.20; No. 01-1115
[31 Pa.B. 2558]
Administrative Order 14-2001 And Now, this 4th day of May, 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 Adopts Local Rule of Civil Procedure L1915.4-1 governing Alternative Hearing Procedures for Partial Custody or Visitation cases including Mandatory Education Program for Patents, Revises Local Rules of Civil Procedure L1915.1 governing Scope-- Definitions in custody cases, L1915.3 governing Prosecution of Action in custody cases, L1915.4 governing prompt dispositions of custody cases including Mandatory Education Program for Parents, L1915.5 governing discovery motion practice in custody cases, and L1915.7 governing the Consent Order in custody cases, and Rescinds Local Rules of Civil Procedure L1915.2 governing Venue in custody cases, Local Rule of Civil Procedure L1915.8 governing Physical and Mental Examination of Person in custody cases, L1915.10 governing the Decision in custody cases, L1915.11 governing the presence of the child at custody hearings, L1915.12 governing Civil Contempt for Disobedience of Custody Order, L1915.13 governing Special Relief in custody cases, L1915.17 governing Pre-Hearing Conference and Consent Order in custody cases, L1915.18 governing Notice of Final Hearing and Order in custody cases, L1915.19 governing the Appointment of Hearing Officer and Report in custody cases, and L1915.20 governing Exceptions to Hearing Officer's Report, De Novo Hearings and Final Hearings in custody cases.
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 JudgeRule L1915.1. Scope--Definitions.
(1) (A) These rules govern local practice and procedure in all actions for custody, partial custody, visitation, modification of existing orders and contempt of court, including all actions heretofore commenced by petition for writ of habeas corpus and all claims for custody, partial custody or visitation asserted in an action of divorce or support.
(B) If a claim for custody, partial custody, visitation or modification of an existing order is raised during the course of an action for divorce or for support, the court shall enter an order directing that the determination of the claim shall be referred to a hearing officer appointed by the Court for an expeditious resolution of the claim.
(2) As used in these Rules, unless the context of a Rule indicates otherwise,
''Conference'' means a pre-hearing negotiating session conducted under the auspices of the Court by a hearing officer appointed by the court.
''Court,'' shall mean the Court of Common Pleas of Carbon County.
''De novo hearing,'' means a hearing before a judge of the Court of Common Pleas of Carbon County.
''Hearing Officer,'' means an attorney employed by a judicial district who is engaged in the practice of law and is duly licensed to practice law in the Commonwealth of Pennsylvania
''Program,'' means the mandatory ''Education Program for Divided Families'' in custody and divorce matters.
''Provider,'' means the qualified educators, counselors, and trainers selected by the Court of Common Pleas to present the ''Education Program for Divided Families''.
Rule L1915.3. Prosecution of Action.
When a claim for custody, partial custody or visitation is made in a complaint, petition, or counterclaim, such pleading shall comply with Pa.R.C.P. 1915.15(a) or (b) and shall have attached an Order of the Court referring the claim to the Hearing Officer for a conference, a Conciliation Conference Notice and a Pre-trial Conciliation Information Form which will be substantially in the same form as ''Form A'' and ''Form B'' following this rule. A second order shall be attached to the front of the complaint/petition as required by Local Rule L1915.4 Form--''B'' and L1915.4-1--Form ''A''. The moving party shall follow the Motion practice as set forth in L206.1(2) in the filing and service of the custody pleading.
''FORM A''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
: : vs. : NO. : CUSTODY :
ORDER OF COURT You, ______ , Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child(ren), __________
_________________.Pursuant to Carbon County Rule L1915.4 and L1915.4-1, you are ordered to appear in person at the First Floor Conference Room, Carbon County Courthouse, Jim Thorpe, Pennsylvania, 18229, on ______ , 20 __ , at ______ , ____.m., prevailing time, for a CONCILIATION or MEDIATION CONFERENCE before Carbon County Custody Conference Officer ______.
If you fail to appear as provided by this Order, the Court or Custody Conference Officer may grant leave to the party who appears to present testimony and the Court may proceed to enter an Order for Custody, Partial Custody or Visitation based solely upon such testimony or the Court may issue a warrant for your arrest. No stenographic record shall be made of this conference.
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
BY THE COURT: DATED: ______ ______
J.
''FORM B'' IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
: : vs. : NO. : CUSTODY :
PRE-TRIAL CONCILIATION INFORMATION
(To be submitted at conciliation conference)GENERAL INFORMATION:
1. Names, addresses, ages and employment of parents:
FATHER
MOTHER ______ ______ ______ ______ ______ ______ ______ ______ 2. Names and ages of all children involved; state with whom living:
______ ______ ______ ______ ______ ______ ______ ______ 3. Names and addresses of other parties involved (if any - children's services, grandparents, foster parents, etc.)
_________________
_________________
_________________4. Status of current custody orders or custody arrangements:
_________________
_________________
_________________5. Addresses of children for past 5 years; state who had custody at each location:
_________________
_________________
_________________Position of Party Submitting Memorandum:
1. State what living arrangements you consider to be in child(ren)'s best interests (i.e. where children should spend weekdays, weekends, holidays, vacation, attend school, matters of that sort):
_________________
_________________
_________________
_________________
_________________2. State kind of environment you can provide under above arrangement (home, school, other children in neighborhood, your availability at various times):
_________________
_________________
_________________
_________________
_________________3. Other factors you consider relevant to resolution of dispute:
_________________
_________________
_________________
_________________
_________________4. Efforts at mediation, conciliation, counseling:
_________________
_________________
_________________
_________________
_________________
TRIAL INFORMATION: 1. List of witnesses you would intend to call:
Fact Witnesses: __________
_________________
_________________Experts: (attach copies of any reports currently available to the memorandum):
_________________
_________________
_________________2. Issues for resolution: (e.g., suitability of physical environment, suitability of parent, unusual opportunities for enrichment, particular skills of availability of one parent as opposed to another):
_________________
_________________
_________________
_________________
_________________3. Remarks: __________
_________________
_________________
_________________
_________________
_________________Counsel for ______
COPIES TO BE SENT TO: Court
Opposing CounselRule 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 Prothonotary's Office shall provide all parties with 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 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 WILL BE ACCEPTED.
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.
______
Plaintiff______
Defendant______
Attorney for Plaintiff______
Attorney for Defendant
''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.
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
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 (570) 325-8556. 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: (570) 992-2027
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 Prothonotary's Office 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.
REGISTRATION 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: (570) 992-2027REGISTER BY MAIL: 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
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322If you have any questions regarding the program or scheduling, call: (570) 992-2027.
2001 Registration Form--Education Program for Divided Families
Carbon County, PennsylvaniaThe 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 (570) 992-2027 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 (570) 992-2027 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. 6, 2001 ______ Feb. 17, 2001 ______ March 10, 2001 ______ April 7, 2001 ______ May 5, 2001 ______ June 2, 2001 ______ July 7, 2001 ______ August 4, 2001 ______ Sept. 8, 2001 ______ Oct. 6, 2001 ______ Nov. 3, 2001 ______ Dec. 1, 2001 ______ _________________
Send completed registration form and fee by certified check or money order payable to Kathryn James to:Kathryn M. James
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322
Telephone: (570) 992-2027Rule L1915.4-1. Alternative Hearing Procedures for Partial Custody or Visitation Cases.
1. Upon the filing of any claim for partial custody or visitation, 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. Where no agreement is reached, 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. The moving party shall be responsible to secure the services/attendance of an outside court reporter for said hearing and shall be responsible for the payment of said outside court reporter unless the Court places the payment responsibility on the other party.
8. Within 10 days of the conclusion of the hearing, the hearing officer shall file and serve a copy upon all parties a report stating the reasons for the recommendation along with a proposed order including a specific schedule of partial custody or visitation.
9. If exceptions are filed, no exceptions shall be argued before the Court unless written briefs have been filed. The moving party shall file three (3) copies of a brief and exceptions with the Prothonotary's Office no later than ten (10) days after filing of the hearing officer's report, and forthwith serve one (1) copy of the brief upon each adverse party or counsel of record. Each adverse party or his counsel of record shall file in the appropriate filing office three (3) copies of a brief in answer, not later than five (5) days after receipt of moving party's brief and forthwith serve a copy thereof upon all opposing parties or their counsel of record. All briefs shall be prepared in conformity with Local Rule L210. Transcription of the proceedings shall be filed of record by the party raising the objections. The cost of transcription shall be borne by the party filing the original exceptions unless otherwise ordered by the Court.
10. Argument shall be held within 45 days of the date that the last party files exceptions.
11. 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''.
12. In all custody proceedings, each complaint or petition shall be in compliance with Local Rule L206.1 or Local Rule L205.3.
13. At the time of the filing of the Complaint/Petition, the Prothonotary's Office shall provide all parties with the Court Order requiring attendance at the Program as set forth in Form ''B,'' a registration form, and Program description.
14. The parties shall register for the Program within fifteen (15) days after he or she is served with the Court Order.
15. 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.
16. 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 WILL BE ACCEPTED.
17. 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.
18. Upon filing of the Certificate of Completion, the Prothonotary shall provide a copy to Court Administration.
19. 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 partial custody or visitation of the child(ren):
_________________
_________________You are ordered to appear in person at the 1st floor Conference Room, 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 partial custody or visitation may be entered against you or the court may issue a warrant for your arrest.
PLAINTIFF SHALL DEPOSIT THE SUM OF ($0.00) DOLLARS ($0.00) WITH THE PROTHONOTARY OF CARBON COUNTY NO LATER THEN TEN (10) DAYS PRIOR TO DATE OF HEARING.
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.
_________________
Plaintiff_________________
Defendant_________________
Attorney for Plaintiff_________________
Attorney for Defendant
''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.
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
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 (570) 325-8556. 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: (570) 992-2027
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 Prothonotary's Office 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.
REGISTRATION 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: (570) 992-2027REGISTER BY MAIL: 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
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322If you have any questions regarding the program or scheduling, call: (570) 992-2027.
2001 Registration Form--Education Program for Divided Families
Carbon County, PennsylvaniaThe 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 (570) 992-2027 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 (570) 992-2027 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. 6, 2001 ______ Feb. 17, 2001 ______ March 10, 2001 ______ April 7, 2001 ______ May 5, 2001 ______ June 2, 2001 ______ July 7, 2001 ______ August 4, 2001 ______ Sept. 8, 2001 ______ Oct. 6, 2001 ______ Nov. 3, 2001 ______ Dec. 1, 2001 ______ _________________
Send completed registration form and fee by certified check or money order payable to Kathryn James to:Kathryn M. James
Masters In Education
Family Living Educator
P. O. Box 184
Brodheadsville, PA 18322
Telephone: (570) 992-2027Rule L1915.5. Discovery Motion Practice.
(1) Discovery motions in custody actions shall only be authorized by special Order of Court and shall be filed in compliance with Local Rule of Civil Procedure L206.1.
Rule L1915.7. Consent Order.
(1) A proposed consent order substantially in the same form as Form ''A'' following this Rule shall be attached to the stipulation or agreement.
''FORM A''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
______ : Plaintiff : vs. : NO. ______ ______ : Defendant : ______ - Counsel for Plaintiff ______ - Counsel for Defendant
CUSTODY ORDER OF COURT AND NOW this ______ day of ______, 20____, upon review of the attached Agreement between the parties regarding custody of the child(ren), it is hereby
ORDERED and DECREED that said Agreement is approved and shall be incorporated into this Order of Court as if more fully set forth herein.
The attached ''Appendix to Order'' is incorporated herein and shall be part of this Order.
BY THE COURT:
_________________
J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
______ : Plaintiff : vs. : NO. ______ ______ : Defendant : ______ - Counsel for Plaintiff ______ - Counsel for Defendant
AGREEMENT FOR ENTRY OF SHARED CUSTODY ORDER OF COURT AND NOW, this ____ day of ______, 20____, the following agreement is entered into upon stipulation of the parties:
This Agreement and ensuing Order of Court shall govern the custodial situation of the following children:
_________________
_________________
_________________2. In accordance with the statutory laws of this Commonwealth, each party shall be provided all access to the medical, dental, religious and school records of the child(ren) involved. Absent an emergency situation, each party shall be informed in regard to the medical and dental needs of the child(ren) involved.
3. Jurisdiction of the child(ren) and this matter shall remain with the Court of Common Pleas of Carbon County, Pennsylvania, unless or until jurisdiction would change under the Uniform Child Custody Jurisdiction Act.
4. The welfare of the child(ren) shall be the primary consideration of the parties in any application of the terms of this Agreement. The parties shall exert every reasonable effort to foster a feeling of affection between the child(ren) of the other party. Neither party shall do anything to estrange the child(ren) from the other party, to injure the opinion of the child(ren) as to the other party, or to hamper the free and natural development of the child(ren)'s love and respect of the other party.
5. Primary Physical custody of the child(ren) shall be as follows:
_________________
_________________6. The Plaintiff/Defendant, Father/Mother, shall have partial physical custody and visitation rights in accordance with the following schedule:
(a) During the week: _________________ ;
(b) Weekends: _________________ ;
(c) Major Holidays: _________________ ;
(d) Minor Holidays: _________________ ;
(e) Mother's Day and Mother's Birthday shall be with the Mother; Father's Day and Father's Birthday shall be with the Father.
(f) Child(ren)'s Birthday(s): ______ ;
(g) Vacation/Summers: _________________ ;
(h) Other times: _________________ .
7. All other periods of partial custody by either party shall be by mutual agreement of both party after reasonable request, and such agreement shall not be unreasonably withheld.
8. Each party agrees to keep the other advised of their current residential address and telephone number. Each party shall be entitled to speak to the child(ren) by telephone at reasonable times and intervals when the child(ren) is/are in the custody of the other party.
9. Each party agrees to give to the other a general itinerary of all vacations they plan to take with the child(ren).
10. Each party shall endeavor to give at least twenty-four (24) hours prior notice to the other in the event that it will not be possible to exercise any of the rights herein identified.
11. It is the intention of the parties that this agreement will be adopted into an Order of Court.
12. The filing fee for the stipulated order shall be paid by the ______ (Indicate Plaintiff or Defendant) to the Prothonotary of Carbon County simultaneous with the filing of the stipulated order.
_________________
WITNESS AS TO PLAINTIFF______
PLAINTIFF_________________
WITNESS AS TO DEFENDANT______
DEFENDANT
[Pa.B. Doc. No. 01-851. Filed for public inspection May 18, 2001, 9:00 a.m.]
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