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PA Bulletin, Doc. No. 10-2041

THE COURTS

ERIE COUNTY

Rules of Family/Orphans' Court

[40 Pa.B. 6260]
[Saturday, October 30, 2010]

Adopting Order

 And Now, to wit, this 29th day of July 2010 it is hereby Ordered that Erie County Rule of Family/Orphans' Court 304, (b) and (c) Family Law/Orphans' Division Motion Court, and Rule 1915.19, Request for Court Hearing (B) Objections to Recommended Custody Order, are hereby adopted as a Rule of this Court, effective thirty (30) days after the date of its publication in the Pennsylvania Bulletin.

ERNEST J. DISANTIS, Jr., 
President Judge

Rule 304. Family Law/Orphans' Division Motion Court.

 (b) All other Petitions and Motions seeking a Rule to Show Cause, Argument, or hearing date shall be presented only by counsel or pro se litigant, in duplicate, to the Family/Orphans' Court Administrator between the hours of 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:00 p.m., Monday through Friday.

 (c) A Motion Court Cover Sheet in the form which follows this rule shall be completed and attached to all Motions or Petitions presented in Family/Orphans' Motion Court.

Rule 1915.19. Request for Court Hearing:

 (b) Objections to Recommended Custody Order: A party shall object to a Recommended Custody Order by presenting in duplicate to Court Administration-Family Division, Room 204, a completed REQUEST FOR ADVERSARIAL HEARING (Form 5) and a copy of the order being appealed. This shall be presented only by counsel or pro se litigant between the hours of 9:00 a.m. and 12:00 p.m. and 1:30 p.m. and 4:00 p.m., Monday through Friday. In order to schedule a date for a Custody Trial, this request must be presented to Court Administration within twenty (20) days from the date the Order was mailed or within twenty (20) days from the date the Order was received, whichever occurs first. Upon receiving a date for trial, counsel or pro se litigant presenting the request shall immediately file the Request for Adversarial Hearing and scheduling order with the Prothonotary Office and effect service on all pro se litigants or opposing counsel of record. Nothing in this Rule shall prohibit any party that has executed a consent agreement from filing a request for an adversarial hearing within twenty (20) days from the date of the mailing of the recommended Order.

______
Plaintiff		: IN THE COURT OF COMMON PLEAS
: OF ERIE COUNTY, PENNSYLVANIA
VS.: FAMILY DIVISION - CUSTODY
:
______
Defendant		:NO.

REQUEST FOR ADVERSARIAL HEARING

 At a recent Custody Conciliation conference, an acceptable custody / visitation agreement could not be reached. I have reviewed the Recommended Order and request an Adversarial Hearing before the Family Court Judge.

 The issues to be considered at the hearing are as follows: (Place a check mark before the issues to be considered).

____ Relocation

____ Time / Length / Number of Visits

____ Primary Residence

____ Other: _________________

__________

__________

__________

__________

____ Estimated Length of Time for Trial

 I verify that the statements made in this demand for Court hearings are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities.

______    _________________
Date        Petitioner or Petitioner's Attorney

 This request must be brought to Court Administration (Room 204) between the hours of 9:00 a.m. and 12:00 p.m. and 1:30 p.m. and 4:00 p.m., Monday through Friday, within twenty (20) days from the date the Order was mailed or within twenty (20) days from the date the Order was received by you, whichever occurs first. Please attach a copy of the Order of Court that you are appealing.

 NOTE: Upon notification of the date and time of your Custody Trial by the Family Court Administrator, a Pre-Trial Status Conference may be requested by either party by contacting the assigned Judge.

[Pa.B. Doc. No. 10-2041. Filed for public inspection October 29, 2010, 9:00 a.m.]


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