[34 Pa.B. 3371]
[Continued from previous Web Page]
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
___________________________ : Plaintiff : AND/OR (please circle one, if applicable) ON BEHALF OF : : ___________________________ : NO. : vs.
: : ___________________________ : Defendant
PETITION TO AMEND PROTECTION FROM ABUSE ORDER AND NOW COMES, Petitioner, ___________________________ , Plaintiff in the above referenced matter and respectfully offers the following:
1. The Petitioner mostly has a Protection from Abuse order, issued against the above-noted defendant on ______ , entered under the above referenced docket number.
2. A copy of the existing Protection from Abuse order is attached hereto.
3. Petitioner seeks to modify his/her Protection from Abuse order in the following manner:
_______________________________________________
_______________________________________________4. Petitioner alleges that the following act(s) merit the Court's modification/withdrawal of the existing Protection from Abuse order:
_______________________________________________
_______________________________________________
_______________________________________________Wherefore, the Petitioner respectfully requests the Court to set a date for the hearing on the merits of the instant petition.
Respectfully submitted, ___________________________ ___________________________ Dated
Plaintiff's Signature
ORDER OF HEARING The Plaintiff(s) and Defendant(s) is/are ordered to attend a hearing on the Petition to amend the Protection from Abuse Order scheduled below:
_________________ , ______ , 20 ______ at ______ AM/PM, in Courtroom # ____ , Month Day Year Time
Carbon County Courthouse.
Dated _________________ BY THE COURT ___________________________ J. Rule 1915.3--Commencement of Action. Complaint. Order.
The person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
A proposed order substantially in the same form as Form ''A'' following this rule shall be attached to the complaint or petition.
''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
ORDER OF COURT AND NOW this ______ day of _________________ , 20 ______ , it is hereby
ORDERED and DECREED as follows:
1. This 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 parties 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.
The attached ''Appendix to Order'' is incorporated herein and shall be part of this Order.
BY THE COURT:
___________________________
J.
APPENDIX TO ORDER Certain rules of conduct generally applicable to custody matters are set forth below and are binding on both parties, the breach of which could become the subject of contempt proceedings before this Court, or could constitute grounds for amendment of our order. If these general rules conflict with the specific requirements of our order, the order shall prevail.
1. Neither party will undertake nor permit in his or her presence the poisoning of the minor child's mind against the other party by conversation which explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other party.
2. The parties shall not conduct arguments or heated conversations when they are together in the presence of their child(ren).
3. Neither party will question the child(ren) as to the personal lives of the other parent except insofar as necessary to insure the personal safety of the child(ren). By this we mean that the child(ren) will not be used as a spy on the other party. It is harmful to a child to be put in the role of ''spy.''
4. Neither party will make extravagant promises to the minor child(ren) for the purposes of ingratiating himself or herself to the minor child(ren) at the expense of the other party; further, any reasonable promise to the child(ren) should be made with the full expectation of carrying it out.
5. The parties should at all times consider the child(ren)'s best interests, and act accordingly. It is in a child(ren)'s best interests to understand that he or she is trying desperately to cope with the fact of his parents' separation, and needs help in loving both parents, rather than interference of censure.
6. The parties should remember that they cannot teach their child(ren) moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy, and the parent who maintains a double standard will lose the respect of his or her child(ren).
7. Weekend and evening visitation shall be subject to the following rules:
A. Arrangements will be worked out beforehand between the parties without forcing the child(ren) to make choices and run the risk of parental displeasure. However, the child shall be consulted as to his or her schedule.
B. Visitation rights should be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desires of the minor child(ren).
C. If a party finds him or herself unable to keep an appointment, he or she should give immediate notice to the other party, so as to avoid subjecting the child(ren) to unnecessary apprehension and failure of expectations.
D. The party having custody of the child(ren) should prepare him or her both physically and mentally for the visitation with the other party and have him or her available at the time and place mutually agreed upon.
E. If either party or the child(ren) has plans which conflict with a scheduled visit and wish to adjust such visitation, the parties should make arrangements for an adjustment acceptable to the schedules of everyone involved. Predetermined schedules are not written in stone, and both parties should be flexible for the sake of the child(ren).
F. If a party shows up for a visit under the influence of alcohol or drugs, the visit may be considered forfeited on those grounds alone.
8. During the time that the child(ren) is/are living with a party, that party has the responsibility of imposing and enforcing the rules for day-to-day living. However, unless otherwise ordered, both parents should consult with one another on the major decisions affecting the child(ren)'s life, such as education, religious training, medical treatment, and so forth.
Rule 1915.4--Prompt Disposition of Custody Cases.
1 Upon the filing of any claim or modification petition for custody, partial custody or visitation, the moving party shall deposit with the Prothonotary the sum of $150.00 unless excused by the Court. If the Hearing Officer determines at the pre-hearing conference that the custody issues are complex and that additional sums should be deposited to cover the payment of the Hearing Officer's fees, the Hearing Officer shall prepare an order for the Court directing the deposit of additional sums of money and allocating who shall be responsible for deposit of additional funds.
2 A pre-hearing conference shall be scheduled before a hearing officer no sooner than thirty (30) days but no longer than forty-five (45) days after the filing of the complaint or petition to modify. This conference will focus on issues of fact and law and to explore the possibility of a negotiated settlement.
3 If the parties agree on a custodial arrangement, a consent order shall be entered pursuant to CARB.R.C.P. 1915.7.
4 If the parties are unable to agree, the Hearing Officer shall prepare and forward to the Court within 10 days a recommended Interim Custody Order established in the best interest of the child(ren), listing the date and time of the hearing. If the hearing is to be held before a Judge, the Interim Custody Order shall direct the parties to file a Pre-Trial Memorandum at least three (3) days prior to the hearing, which shall contain:
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
5. If the hearing is to be held before the Hearing Officer, the moving party shall be responsible to secure the services and attendance of an outside court reporter for said hearing and shall be responsible for payment of same unless the Court places the payment responsibility on the other party.
Rule 1915.7--Consent Order
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
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
APPENDIX TO ORDER Certain rules of conduct generally applicable to custody matters are set forth below and are binding on both parties, the breach of which could become the subject of contempt proceedings before this Court, or could constitute grounds for amendment of our order. If these general rules conflict with the specific requirements of our order, the order shall prevail.
1. Neither party will undertake nor permit in his or her presence the poisoning of the minor child's mind against the other party by conversation which explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other party.
2. The parties shall not conduct arguments or heated conversations when they are together in the presence of their child(ren).
3. Neither party will question the child(ren) as to the personal lives of the other parent except insofar as necessary to insure the personal safety of the child(ren). By this we mean that the child(ren) will not be used as a spy on the other party. It is harmful to a child to be put in the role of ''spy.''
4. Neither party will make extravagant promises to the minor child(ren) for the purposes of ingratiating himself or herself to the minor child(ren) at the expense of the other party; further, any reasonable promise to the child(ren) should be made with the full expectation of carrying it out.
5. The parties should at all times consider the child(ren)'s best interests, and act accordingly. It is in a child(ren)'s best interests to understand that he or she is trying desperately to cope with the fact of his parents' separation, and needs help in loving both parents, rather than interference of censure.
6. The parties should remember that they cannot teach their child(ren) moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy, and the parent who maintains a double standard will lose the respect of his or her child(ren).
7. Weekend and evening visitation shall be subject to the following rules:
A. Arrangements will be worked out beforehand between the parties without forcing the child(ren) to make choices and run the risk of parental displeasure. However, the child shall be consulted as to his or her schedule.
B. Visitation rights should be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desires of the minor child(ren).
C. If a party finds him or herself unable to keep an appointment, he or she should give immediate notice to the other party, so as to avoid subjecting the child(ren) to unnecessary apprehension and failure of expectations.
D. The party having custody of the child(ren) should prepare him or her both physically and mentally for the visitation with the other party and have him or her available at the time and place mutually agreed upon.
E. If either party or the child(ren) has plans which conflict with a scheduled visit and wish to adjust such visitation, the parties should make arrangements for an adjustment acceptable to the schedules of everyone involved. Predetermined schedules are not written in stone, and both parties should be flexible for the sake of the child(ren).
F. If a party shows up for a visit under the influence of alcohol or drugs, the visit may be considered forfeited on those grounds alone.
8. During the time that the child(ren) is/are living with a party, that party has the responsibility of imposing and enforcing the rules for day-to-day living. However, unless otherwise ordered, both parents should consult with one another on the major decisions affecting the child(ren)'s life, such as education, religious training, medical treatment, and so forth.
Rule 1920.12--Complaint
1. In every divorce or annulment complaint whether pending or new, the plaintiff shall complete Form ''A'' as set forth below this rule with the Social Security Number of each party to said action as required by 23 Pa.C.S.A. 4304.1(a)(3). Said form shall not be attached to said complaint but shall remain separate from the complaint.
a. The Prothonotary's Office shall record the Social Security Numbers in the Court Computer Database and, upon verification of proper entry, shall shred the form containing the Social Security Numbers. The Social Security Numbers shall remain confidential in that they will only be visible to internal personnel and cannot be accessed through the public access programs.
2. The Social Security Number Disclosure Notice shall be attached to the divorce or annulment complaint. Said notice shall be in the form set forth in Form ''B.''
3. The person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
Form ''A'' Docket Number of Divorce/Annulment Case __________
Plaintiff Name: __________
Plaintiff Social Security Number: __________
Defendant Name: __________
Defendant Social Security Number: __________
Form ''B''
In the Court of Common Pleas of
Carbon County, Pennsylvania
Social Security Number
Disclosure NoticeIn accordance with section 7(b) of the Privacy Act, you are hereby notified that disclosure of your Social Security number is mandatory based on Section 466(a)(13) of the Social Security Act [42 U.S.C. 666(a)(13)], Pennsylvania Consolidated Statutes (Pa C.S.) §§ 4304.1 and 4353(a.2). Additionally, you are notified that this information will be used solely in the divorce action.
Rule 1920.51--Hearing by the Court. Appointment of Master. Notice of Hearing
1. If the Master determines during the course of the proceedings that additional sums should be deposited for the payment of Master's fees, the Master shall request the parties to deposit such additional sums with the Prothonotary and shall allocate who shall be responsible for the depositing of said additional costs. In the event the parties object to the request of the Master, the party shall petition the Court and the Judge shall hold a hearing thereon and issue an appropriate Order.
2. Hearings shall be stenographically recorded. The moving party shall be responsible to secure the services of an outside Court reporter for said hearing and shall be responsible for payment thereof unless the Court places the payment responsibility on the other party.
Rule 2102(b)--Style of Action.
(1) In all cases where an appeal is taken from a real estate assessment fixed by the Carbon County Board of Assessment and Appeals, the petition for allowance of appeal shall have attached to it a photocopy of the appealed from order of the said board and a proposed preliminary decree which shall provide:
(A) The appeal is allowed.
(B) Within 5 days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said board, the governing body of the municipality, and the board of school directors of the school district in which the real estate is situate and upon the property owner, if he is not the appellant.
(C) The taxing authorities aforesaid and the property owner, if he is not the appellant, be and are hereby entitled to intervene as parties appellee; and
(D) The Carbon County Board of Assessment and Appeals is directed to certify to the Court all evidence including photos, maps, appraisals, submitted below to become part of the Court record.
2. Within forty-five (45) days after required service of the petition and preliminary decree, all parties of record shall file pre-hearing statements and serve a copy on all other parties of record. The pre-hearing statement shall include:
A. A summary of the facts which will be offered by oral and documentary evidence at the hearing;
B. A list of exhibits to be offered;
C. A list of the names and addresses of all witnesses to be called;
D. Copies of any appraisal reports, or if no report is available, a summary of the testimony of any expert who will be called as a witness;
E. A statement of the current valuation which is the basis for the appeal;
F. A statement setting forth the appellant's position as to the correct valuation which shall include appellant's position as to correct market value, assessment ratio, and assessment;
G. A statement that there have been negotiations between the parties and a good faith attempt to settle the case; and
H. The statement shall be signed by the parties or their counsel.
3. Upon docketing of all pre-hearing statements, a pre-hearing conference shall be scheduled. Notice pursuant to Pa.R.C.P. 440 shall be given by the Prothonotary's Office to all affected taxing authorities whether or not parties of record. Each party of record shall either be personally present, or shall be represented by counsel authorized to act on behalf of the absent party of record with respect to the trial of the case or its settlement.
4. At the pre-hearing conference, the parties of record shall consider:
A. Possible stipulations as to evidence and facts;
B. Simplification of the issue; and
C. Settlement.
5. Following the pre-hearing conference, the Court shall enter an appropriate order or schedule a hearing.
Rule 2974.2--Notice of Judgment and Execution Required by Rule 2973.2. Form
The person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
Rule 2974.3--Notice of Judgment and Execution Required by Rule 2973.3. Form
The person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
Rule 3252--Writ of Execution. Money Judgments.
The person to be named in the notice shall be pursuant to CARB.R.C.P. 1018.1.
Rule 3256--Praecipe for Writ. Mortgage Foreclosure.
The praecipe for the writ shall state the volume and page of the recorded mortgage securing the obligation upon which the judgment was entered, as well as the volume and page of the deed conveying the real property to the debtor.
Rule 4005--Written Interrogatories to a Party.
Interrogatories, as a matter of right, shall not exceed FORTY (40) in number. Interrogatories inquiring as to the names and locations of witnesses, or the existence, location and custodian of documents of physical evidence each shall be construed as one (1) interrogatory. All other interrogatories, including subdivisions of one numbered interrogatory, shall be construed as separate interrogatories. If counsel for a party believes that more than FORTY (40) interrogatories are necessary, counsel shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the parties seeking to submit additional interrogatories shall file a motion with the Court showing the necessity for relief.
Rule 4014--Request for Admission.
Request for admission, as a matter of right, shall not exceed FORTY (40) in number. Request for admission as to the names and locations of witnesses, or the existence, location and custodian of documents of physical evidence each shall be construed as one (1) admission. All other request for admission, including subdivisions of one numbered request for admission, shall be construed as separate request for admission. If counsel for a party believes that more than FORTY (40) admissions are necessary, counsel shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional admissions. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the parties seeking to submit additional admissions shall file a motion with the Court showing the necessity for relief.
[Pa.B. Doc. No. 04-1187. Filed for public inspection July 2, 2004, 9:00 a.m.]
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