THE COURTS

ERIE COUNTY

In the Matter of the Revision and Restatement of the Rules of Civil Procedure; Civil Division No. 90031-11

[41 Pa.B. 4089]
[Saturday, July 30, 2011]

Order

 And Now, this 11th day of July, 2011, amended Rules 1915.1 to 1915.28 of the Rules of Civil Procedure for the Court of Common Pleas of Erie County, Pennsylvania are as follows and they shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

ERNEST J. DISANTIS, Jr., 
President Judge

Rule 1915.1. Scope.

 (a) These rules govern the practice and procedure in all actions for custody, partial custody and grandparent custody initiated in Erie County, Pennsylvania. If not provided for in these local rules, procedure in Erie County will follow the state rules as set forth in Pa.R.C.P. 1915.1-1915.25. In the event of any conflict between these rules and the state rules, the Pennsylvania Rules shall control.

 (b) All filing fees related to custody actions shall be as determined by the court, and shall be available at the Office of Prothonotary, Erie County Courthouse, Erie, Pennsylvania.

 (c) Erie County Civil Rules for Motion Court practice shall apply in custody cases. See Rules 304 and 440.

Rule 1915.3. Commencement of Action. Complaint. Order.

 (a) Except as provided by (c) of the state rule, an action shall be commenced by filing a verified complaint substantially in the form provided by Pa.R.C.P. 1915.15(a). The original complaint for each party shall be filed with the Office of the Prothonotary and a photo copy shall be filed with the Custody Conciliation Office.

 (b) Prior to its filing at the Prothonotary's Office, the original and two copies of the verified complaint for each party shall be presented to the custody conciliation office for scheduling of a conciliation conference. The verified complaint shall include Form 1, and the Children Coping With Divorce brochure/registration form,

 (c) The custody conciliation office will assign a time and date for the intake or conciliation conference, and attach the Order provided in Form 2 to the original and all copies. The moving party shall then file the original pleading with the Prothonotary, and serve the responding party or parties as further provided in these Rules.

 (d) The Custody Office shall not reject any complaint for custody or modification of custody submitted for assignment of a conciliation date and time. It is the responsibility of a party objecting to jurisdiction, venue, process, standing or any other legal defect, to file and serve the proper responsive pleading, and to request stay by the court, if appropriate.

Rule 1915.4-3. Non-Record Proceedings. Trial.

 Erie County adopts non record custody proceedings under Pa.R.C.P. 1915.4.3. All matters shall be initially heard by custody conciliation officers who have been previously appointed by the Court of Common Pleas of Erie County, Pennsylvania, and who have satisfied the qualification requirements of Pa.R.C.P. 1940.4. The procedures of the custody conciliation office are more full set forth in Rule 1915.19, infra.

Rule 1915.7. Consent Order.

 (a) If the parties reach an agreement for any type of custody, partial custody, or grandparent custody, and the parties request that a consent order be entered, the parties may submit a Petition for Entry of Custody Consent Order, consistent with Form 3, and a Proposed Custody Order, consistent with Form 4, at Motion Court, or directly to the presiding administrative judge of the Family/Orphan's Court division of the Court of Common Pleas of Erie County, Pennsylvania.

 (b) Upon its execution of a Consent Order, the Court will notify the moving party or attorney to pick up the signed Order for filing and distribution.

 (c) No Consent Order will be executed by the court without the written signature of the parties, and counsel if an appearance has been made.

Rule 1915.8. Physical and Mental Examination of Parties.

 If an evaluation or examination has been made under Pa.R.C.P. 1915.8, a copy of any report produced shall be provided to counsel for the parties, and in appropriate cases, counsel for the child, prior to any custody proceedings including conciliation conferences. If a party is un-represented by counsel, a copy of that report shall be provided to that party prior to any proceeding. The report shall be provided as soon as it is available, and in no event, less than 24 hours before a scheduled custody proceeding.

Rule 1915.10. Decision.

 (a) The court may make the decision before the testimony has been transcribed. The decision may be announced by the court immediately at the conclusion of the trial, in which event it shall be properly transcribed and filed in the Office of the Prothonotary. In the alternative, the decision may be set forth in writing and filed promptly. In all actions involving a determination of custody, partial custody and visitation, the Court shall enter an order that includes:

 (1) A concise statement, in narrative form or in separate findings, of all factual findings supporting a determination on the issues of custody, partial custody and visitation;

 (2) A discussions of the issues of law involved and the Court's conclusions of law; and

 (3) An order of custody, partial custody or visitation.

 (b) No motion for post-trial relief may be filed to an order of custody, partial custody or visitation.

Rule 1915.11. Appointment of Attorney for Child. Appointment of Guardian Ad Litem for Child. Interrogation of a Child. Attendance of Child at Hearing or Conference.

 Erie County practice shall follow Rule 1915.11 as it provides for the appointment of counsel for the child. The Court, on its own motion, or the motion of a party, may also appoint a guardian ad litem for the child under the provisions of 23 Pa.C.S. Section 5334.

Rule 1915.12. Civil Contempt for Disobedience of Custody Order. Petition. Service. Order.

 (a) The Petition for Contempt shall follow the form set forth in Pa.R.C.P. 1915.12, and shall set out, with specificity, the alleged violations of the Custody Order then in effect. The Petition shall begin with the Notice and Order as more full set forth in Pa.R.C.P. 1915.12.

 (b) The original Petition with Notice and Order, and a photo copy, shall then be presented to the Office of the Court Administrator for the Family/Civil Division, for assignment of a date and time for the contempt hearing, during regularly scheduled Motion Court hours.

 (c) Upon the assignment of a date and time for the contempt hearing, the moving party shall file the original pleading with the Prothonotary, and provide for service pursuant to Pa.R.C.P. 1915.12.

Rule 1915.13. Special Relief.

 (a) At any time after commencement of a custody action, the court may on application or its own motion, grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court.

 (b) If a Motion for Special Relief is presented during Motion Court, the Motion must allege, with specificity, the need for the court to enter interim or special relief. Notice to all responding parties must be provided pursuant to Erie County Rule 440, and proof of notice must be submitted to court at the time of presentation of the Motion. Absent exigent circumstances, the court will not enter ex parte special relief orders in custody proceedings.

Rule 1915.19. Custody Conciliation Process.

 (a) All new actions for custody, partial custody and grandparent custody of minor children, and all requests for modification of outstanding orders, shall be initially referred to the Office of Custody Conciliation of Erie County, Pennsylvania, for a custody conciliation conference before an Erie County custody conciliation officer.

 (b) The Conciliation Conference is not a hearing but an opportunity for parents to reach agreement early in the custody process. No evidence or testimony is presented. Ordinarily, conferences shall not last more than one hour. The objectives of the Conciliation Conference are:

 (1) To facilitate immediate agreement and the entry of consent orders where the nature of the parties' dispute is minor and can be resolved quickly without the need for formal conciliation;

 (2) To identify those cases not appropriate for resolution within the context of the conciliation process; and

 (3) To identify the need for referral to outside professionals or agencies and to provide the parties with information and other assistance needed to accomplish such referral.

 (c) All agreements reached at a Conciliation Conference shall be reduced to a Consent Agreement consistent with Form 4, and shall be signed by the parties immediately upon conclusion of the proceeding. The parties shall receive a handwritten copy of the agreement when leaving the conference, and the agreement shall be effective as of that date. The Custody Conciliation Office shall then prepare a final copy of the Consent Order to be signed by the Court, filed, and distributed by the Custody Conciliation Office to all parties and counsel of record by regular mail.

 (d) If the parties fail to reach an agreement at the Conciliation Conference, the custody conciliation officer shall prepare and forward to the Court a Recommended Custody Order in the same format as Form 4, and shall also include a brief summary of the conciliation, including the areas of agreement and disagreement between the parties. The court shall then review the summary and proposed order, and if it considers the Recommended Order appropriate, shall execute the Order and return to the Custody Conciliation Office for filing and distribution. The Custody Conciliation Office will then send copies of the Order entered by Court to all parties and counsel of record by regular mail.

 (e) The Recommended Order entered by the Court is effective on the parties when filed. The Order shall continue to be in effect until superseded by a subsequent Order of Court.

 (f) In appropriate cases, a Temporary Order can be entered, by agreement, by recommendation, or by the court, with a provision for subsequent custody conciliation proceedings. A subsequent date and time for conciliation shall be clearly set forth in the Temporary Order.

 (g) The Custody Conciliation Officer may refer custody matters directly to the Court if appropriate.

 (h) Participation in Custody Conciliation Process:

 (1) Children and Third Parties: Children and third parties, other than attorneys, shall not be present for or participate in custody conferences. Exceptions may be made at the discretion of the Court or the conciliator.

 (2) Parties must participate in conferences in a cooperative manner and at all times adhere to the directives of the person conducting the conference.

 (3) Prior to agreeing to a custody order, a party may consult with her or his attorney, and a reasonable opportunity to do so will be provided by the conciliator.

 (i) An attorney who attends a Conciliation Conference with a client will participate consistent with the following standards:

 (1) The manner and scope of participation in conferences shall be determined by the conciliator;

 (2) Attorneys shall fully cooperate with the efforts of the custody conciliator to facilitate the agreement of the parties;

 (3) Counsel shall at all times behave in a professional manner and refrain from engaging in hostile or antagonistic conduct directed toward any conference participant;

 (4) Attorneys shall advise their clients in a manner not disruptive of the conciliation process which may require consulting with the client outside the conference room;

 (5) Attorneys shall not engage in legal argument, except that counsel may advise of legal issues relevant to the formation of a temporary or recommended order;

 (6) Counsel shall not attempt to question the other party, present evidence or engage in conduct characteristic of any adversarial proceedings;

 (j) Termination of Conciliation Process: At any time during the conciliation process the conciliator may terminate the proceedings and refer the case to court.

 (k) As set forth in Rule 1915.3(d), the custody office shall not reject any complaint for custody or modification of custody submitted for assignment of a conciliation date and time.

Rule 1915.20. Request for Adversarial Hearing.

 (a) Upon entry of a Recommended Custody Order if agreement is not reached, either party may request an Adversarial Hearing before the Court by filing the Request for Adversarial Hearing set forth in Form 5 within twenty days of the date of mailing of the Recommended Order.

 (b) The original and one copy of the Request for Adversarial Hearing, and a copy of the Order appealed from, must first be presented to the Court Administrator of the Family/Orphan's Court Division, during regular Motion Court hours, for assignment to a trial judge, and for the date and time for hearing. The presentation of the Request for Adversarial Hearing may be made ex parte, but must be submitted in person by the attorney for the moving party, or by the pro se party. The Office of Court Administrator of the Family/Orphan's Court Division shall, immediately upon submission of the Request for Adversarial Hearing, assign a judge, time and date for the Adversarial Hearing, and prepare the Pretrial Order, Form 6. At the time of scheduling, the court administrator will attempt to coordinate the time and date of the hearing with opposing counsel, if any. The original Pretrial Order shall be filed by moving party with the Prothonotary, and certified copies served by the moving party upon counsel of record for all other parties, or parties directly if unrepresented.

 (c) The Pretrial Order shall include the date and time for the custody trial, and shall also include the date for filing of Pretrial Statements, which shall include full parenting plans under 23 Pa.C.S. Section 5331, Form 7.

 (d) Pretrial Statements shall be served on counsel, the parties, if unrepresented, and the trial court, as set forth in the Pretrial Order. Regular mail shall constitute adequate service.

 (e) Hearings requested from custody conciliation shall be de novo.

Rule 1915.21. Pretrial conference.

 (a) Upon request of either party, or sua sponte, the court may schedule a brief status conference. The purpose of the status conference is to define maters to be raised before the court at the de novo trial including any legal or factual issues, and to address any unique evidentiary issues. The status conference is not a settlement conference, and the parties shall not appear, unless a party is unrepresented, or unless ordered to appear by the trial judge. If the court deems appropriate, it may enter a Revised Pretrial Order following the status conference.

 (b) Exhibits, other than expert reports, need not be filed with the Pretrial Statement, nor delivered to other parties. However, either party may request in writing or by email, copies of all exhibits identified by each party, and said party shall provide copies of proposed exhibits no later than 72 hours after request.

Rule 1915.22. Criminal Convictions.

 (a) At any time during custody proceedings, if a party raises consideration of criminal convictions under 23 Pa.C.S. Section 5329, the court, before entry of any Custody Order, shall, as expeditiously as possible, conduct a hearing to determine that the party, or household member, does not pose a threat to a child.

 (b) The party raising a Section 5329 objection shall present a Motion to the court requesting an expedited hearing. The court shall then determine if the custody proceeding will continue.

 (c) Upon receipt of a section 5329 motion, the court shall order an evaluation as required under that section. The court shall assess the cost for the evaluation, and any counseling required by the court.

Rule 1915.23. Relocation.

 (a) All relocation cases shall follow the custody procedures set forth in these rules.

 (b) The party seeking relocation must comply with the requirements of 23 Pa.C.S. § 5337 by first serving the non relocating parent the Relocation Notice, Form 8, and must include the Counter Affidavit, Form 9. The Relocation Notice shall not be filed with the Prothonotary's Office, until an objection to relocation is received pursuant to 23 Pa.C.S. Section 5337(d), or confirmation of relocation is required under 23 Pa.C.S. Section 5337(e), (f). The Relocation Notice may be filed and served with a custody complaint or petition for modification of an outstanding custody order.

 (c) A Relocation Notice and a Relocation Counter Affidavit shall be filed as pleadings at Prothonotary Office. The party proposing relocation shall be captioned as Plaintiff, and all other parties as Defendants, if there is no pre-existing custody or divorce action between the parties.

 (d) Upon receipt of a counter-affidavit by which a party objects to relocation, the party seeking relocation must first request a conciliation conference to determine if agreement can be reached. In proper cases, the court will consider a motion by any party to waive conciliation, and schedule the relocation trial immediately before the court. See Pa.R.C.P. 1915.4-1.

 (e) If a counter affidavit is filed which indicates the non relocating party has no objection to the relocation and no objection to an initial custody order or modification of an existing custody order, the relocating party may submit to the court for approval a custody order which provides the relocation and other significant custody terms. If the case has not yet been assigned to a judge, the motion for approval of relocation may be presented at motion court, with proper notice as set forth in these rules. If the case has been previously assigned to a judge, the motion shall be forwarded to the judge assigned to the case, who may approve the order directly, or determine if a hearing is necessary.

 (f) Upon motion filed by any party, or sua sponte, the court may hold an expedited hearing to consider if relocation should be approved pending a full hearing.

Rule 1915.26. Counsel Fees, Costs and Expenses.

 (a) If properly raised during custody litigation, the court may consider an award of counsel fees, costs and expenses as part of a Custody Order.

 (b) Upon proper motion, the court may also consider assignment of counsel fees, costs and expenses during a separate proceeding.

Rule 1915.27. Children Cope with Divorce.

 All parties participating in custody proceeding must attend the Children Cope With Divorce program, pursuant to Erie County Administrative Order C.O. 9-1993. A copy of the brochure providing information on the program and must be included on all complaints involving parties that have not previously attended the program.

Rule 1915.28. Cancellation of Scheduled Custody Proceedings.

 (a) A scheduled custody conciliation conference may not be cancelled without the written consent of both parties, or leave of court. If a responding party does not consent to cancel a conciliation conference, a motion to cancel may be presented in motion court by the party scheduling the conciliation, with proper notice as set forth in these rules.

 (b) A scheduled adversarial hearing may not be cancelled without leave of court. A motion to cancel an adversarial hearing shall be presented to the judge assigned to the custody trial. If a party does not consent to cancellation of the custody trial, the court may approve the cancellation, or determine if a hearing on the motion is necessary.

FORM 1

INFORMATION SHEET

CHILDREN COPE WITH DIVORCE SEMINAR

THIS FORM MUST BE FILLED OUT IF YOU ARE FILING A DIVORCE OR CUSTODY ACTION IN THE PROTHONOTARY'S OFFICE:

TODAY'S DATE: _________________

CASE NUMBER _________________

PLEASE CHECK ONE:

 DIVORCE FILING—NO CHILDREN ______
DIVORCE FILING—WITH CHILDREN UNDER  18 _________________
CUSTODY FILING—WITH CHILDREN UNDER  18 _________________
PARTICIPATION BY CONSENT AGREEMENT ____

PLAINTIFF/PETITIONER NAME AND ADDRESS:

_________________

_________________

_________________

DEFENDANT/RESPONDENT NAME AND ADDRESS:

_________________

_________________

_________________

FORM 2

	:	IN THE COURT OF COMMON PLEAS
	:	OF ERIE COUNTY, PENNSYLVANIA
	:
	:	NO.

ORDER OF COURT

 You, ______ are ORDERED to appear in person in the CUSTODY CONCILIATION OFFICE, Room 02, Ground Floor, Erie County Courthouse, 140 West Sixth Street, Erie, Pennsylvania on ______ , 20 __ at __ o'clock a.m./pm. for an Intake Conference.

 Both parents are further ORDERED to attend a custody seminar entitled ''CHILDREN COPE WITH DIVORCE'' prior to the Intake Conference.

 ______ must attend the seminar on ______.

 ______ must attend the seminar on ______.

 THE DATES OF ATTENDANCE WILL NOT BE CHANGED EXCEPT FOR AN EMERGENCY.

 FAILURE TO APPEAR AT THE INTAKE CONFERENCE OR FAILURE TO ATTEND THE SEMINAR WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION OF A FINE, IMPRISONMENT OR BOTH.

 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.

BY THE COURT:

_________________
J.

 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.

Lawyer Referral & Information Service
P. O. Box 1792
Erie, Pennsylvania 16507
(814) 459-4411
Hours: 8:30 a.m.—3:00 p.m.

 If you are eligible for accommodation under the Americans With Disabilities Act, please contact us immediately so arrangements may be made.

FORM 3

	:	IN THE COURT OF COMMON PLEAS
	:	OF ERIE COUNTY, PENNSYLVANIA
	:
	:	NO.

PETITION FOR ENTRY OF A CUSTODY
CONSENT ORDER

 AND NOW, to-wit, this ____ day of ______ , 20 __ , comes ______ , the mother and ______ , the father, and petitions this Court for the entry of a ''Consent Order'' concerning the custody of our child(ren), and in support thereof state as follows:

 1. We are the parents of:

Name	Date of Birth	Age
______	______	______

 2. Our addresses are as follows:

Name	Street Address	City/State/Zip	County
______	_________________
______	_________________

 3. The child(ren) is/are presently in the custody of:

Name	Street Address	City/State/Zip	County
_____	_________________

 4. The parties have no knowledge of a custody proceeding concerning the child(ren) pending in any other court.

 5. There is/is not an order presently in effect concerning the custody of our child(ren).

 6. The parties know/do not know of a person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren).

 7. We presently live separate and apart and wish to have a custody order confirming our agreement concerning the custody of our child(ren).

 8. We believe that the arrangement set forth in the Consent Order is the best interest of the child(ren) and we recognize our continuing obligation to act in our child's(ren's) best interest.

 9. We agree, as a condition of our agreement, to attend the ''Children Cope With Divorce'' seminar.

 WHEREFORE, we request that the Court grant our Petition and enter the Consent Order.

_________________	_________________
Mother	Father
_________________	_________________
Witness	Date

FORM 4

(CAPTION)

CONSENT AGREEMENT

 We have agreed to the following appropriate arrangement for the custody of our children:

 1. The parents shall share the legal and physical custody of their child(ren). The names of the child(ren) are as follows: ______ .

 2. The child(ren) shall reside with his/her/their mother/father at ______ , except that the mother/father shall have partial custody/visitation with the child(ren) as follows:

  a. Weekdays - __________

  b. Weekends - __________

  c. Summer/Vacation periods - ______

  d. Holidays of Thanksgiving - ______
Easter - __________
Christmas - __________
The non-festive holidays of July Fourth, Memorial Day, and Labor Day shall be - __________
OTHER - __________

 3. The children shall be with the mother on Mother's Day and with the father on Father's Day. The hours shall be from 10:00 a.m. until 6:00 p.m. unless mutually agreed otherwise.

 4. All holiday schedules shall supersede any other partial custody or visitation schedule unless the parties mutually agree to do otherwise.

 5. Each parent shall keep the other informed of the child(ren)'s health, progress in school, and general welfare and shall consult the other parent concerning major decisions affecting the child(ren).

 6. Each parent is entitled to receive directly from schools, health care providers, or other relevant sources, information concerning their child(ren).

 7. Neither parent shall engage in any conduct which presents to the child(ren) a negative or hostile view of the other.

 8. Each parent shall encourage the child(ren) to comply with the custody arrangement and foster in the child(ren) a positive view of the other.

 9. This custody arrangement may be modified by an agreement of the parties when required for the best interest of the child(ren).

 10. Each parent shall plan a birthday celebration for the child(ren) on his or her regularly scheduled partial custody day near the child(ren)'s birthday.

 11. This custody arrangement may be modified by an agreement of the parties when required for the best interest of the child(ren). The term ''mutual agreement'' contemplates good faith discussions by both parents to reach an agreement as to specific dates and times of partial custody or visitation, and the unilateral determination of one parent to deny contact shall be viewed as a violation of this provisions.

 12. The parents agree, as a condition of this consent order, to attend the ''Children Coping With Divorce'' Seminar.

 13. VIOLATIONS OF THIS ORDER BY ANY PERSON MAY REUSLT IN CIVIL AND CRIMINAL PENALTIES, INCLUDING PROSECUTION TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE, INTERFERENCE WITH CUSTODY OF CHILDREN.

 14. Relocation Notice. No party with custody rights to a child may relocate with the child prior to agreement of all parties with custody rights to the child or prior approval of court. Relocation is defined as changing residence of the child which significantly impairs the ability of the non relocating party to exercise custodial rights. A party proposing relocation must comply with all provisions of 23 Pa.C.S. Section 5337 before relocating with the child. A sample relocation notice and counter-affidavit are available at www.eriecountygov.org/courts/custodyconciliation.aspx

 15. Jurisdiction of the aforementioned child and this matter shall remain in the Court of Common Pleas of Erie County, Pennsylvania unless and until jurisdiction would change under the Child Custody Jurisdiction and Enforcement Act.

 We agree to abide by the agreement developed this ______ day of _____ , 20____ , and submit to the Court of Common Pleas to be formalized into an order of court.

_________________	_________________
Mother	Father
_________________	_________________
Attorney	Attorney

Witnessed by: _________________
Custody Conciliator

FORM 5

	:	IN THE COURT OF COMMON PLEAS
	:	OF ERIE COUNTY, PENNSYLVANIA
	:
	:	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 form 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.

FORM 6

PLAINTIFF	:	IN THE COURT OF COMMON PLEAS
	:	OF ERIE COUNTY, PENNSYLVANIA
VS.	:	FAMILY DIVISION—CUSTODY
	:
DEFENDANT	:	NO.

ORDER

 AND NOW, to-wit, this _____ day of ______ , 20____ , it is hereby ORDERED, ADJUDGED and DECREED as follows: All parties shall file an original Pre-Trial Narrative Statement with the Prothonotary' s Office and must submit a copy of the Pre-Trial Narrative Statement to Judge ______ office and serve a copy to the other party by ______ , 20____ . Failure to file Pre-Trial Narratives may result in sanctions. (Judge ______ , Erie County Courthouse, 140 West 6th St., Room ______ , Erie, Pa 16501)

The Pre-Trial Narrative Statement SHALL include as an attachment a fully completed Parenting Plan.

The Parenting Plan shall include a proposed custody schedule, address the child(ren)'s needs, (i.e. education, health care, religion, third-party childcare), address how decisions will be made regarding the child(ren)'s needs and propose a procedure to make changes to, and resolve disputes regarding, the custody order. The Parenting Plan shall be substantially in the form provided with the Domestic Relations Code at 232 Pa.C.S. § 5331(c). A sample Pre-Trial Narrative Statement and Parenting Plan form are available at www.eriecountygov.org/courts/custodyconciliation.aspx.

 It is further ordered that the Custody Trial has been scheduled before Judge ______ in Court-room ______ for ______ , 20____ at ____ .m. and concludes at __ .m. at the Erie County Courthouse.

 Finally, on your scheduled Court date, you are expected to follow proper courtroom attire and etiquette. This includes proper dress, i.e. no shorts, tee shirts, flip flops; no gum chewing, no food or drink; ALL cell phones or pagers MUST BE TURNED OFF while in the courtroom.

BY THE COURT:

_________________
J.

CC: Judge John J. Trucilla
Custody Conciliation Office

****Please notify Court Administration if case is settled/dismissed prior to trial: Family Court Administration,

FORM 7

PLAINTIFF	:	IN THE COURT OF COMMON PLEAS
	:	OF ERIE COUNTY, PENNSYLVANIA
VS.	:	FAMILY DIVISION—CUSTODY
	:
DEFENDANT	:	NO.

PARENTING PLAN OF MOTHER/FATHER/PARTY WITH STANDING

 This parenting plan involves the following child(ren):

CHILD'S NAME	DATE OF BIRTH

LEGAL CUSTODY
(who makes major decisions on behalf of the child):

Circle One

 a.) Diet - both parties decide together/Plaintiff/Defen-dant

 b.) Religion - both parties decide together/Plaintiff/Defen-dant

 c.) Medical care - both parties decide together/Plaintiff/Defendant

 d.) Mental Health care - both parties decide together/Plaintiff/Defendant

 e.) Discipline - both parties decide together/Plaintiff/Defendant

 f.) Choice of School - both parties decide together/Plain-tiff/Defendant

 g.) Choice of Study - both parties decide together/Plain-tiff/Defendant

 h.) School Activities - both parties decide together/Plain-tiff/Defendant

 i.) Sports Activities - both parties decide together/Plain-tiff/Defendant

 j.) Additional items - both parties decide together/Plain-tiff/Defendant

 Explain what process you will use to make decisions? (For example, the parent confronted with or anticipating the choice will call the other parent when the choice presents itself, and the other parent must agree or disagree within 24 hours of any deadline.) ______

FORM 8

PHYSICAL CUSTODY
(where the child(ren) live)

 The child(ren)'s residence is with __________

 Describe which days and which times of the day the child(ren) will be with each person:

Week 1

	Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
Mother
Father
(Other)

Week 2

	Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
Mother
Father
(Other)

 Describe where and when you will exchange custody of the child(ren) (day and time of day)

	Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
Place
Time

 If one of you doesn't show up, how long will the other wait? __________

 If there are any extraordinary costs (taxi, train, airplane, etc.), who will pay for which costs?

 _______________________________________________

 _______________________________________________

 _______________________________________________

HOLIDAYS
(where will the child(ren) stay)

HOLIDAY	ODD-NUMBERED YEARS	EVEN-NUMBERED YEARS
Thanksgiving Day
Thanksgiving Vacation
Christmas Eve
Christmas Day
Christmas Vacation
New Year's Eve
New Year's Day
Easter Sunday
Spring Break
Fall Break
Mother's Day
Father's Day
Child's Birthday
Memorial Day
Fourth of July
Labor Day
Other
Other
Other

 Summer Vacation Plans __________

 _______________________________________________

 _______________________________________________

SPECIAL ACTIVITIES OR SCHOOL ACTIVITIES
(will both of you attend)

Child's Name	Activity	If not, which of you will attend?
___________________________
___________________________
___________________________
___________________________
_______________________________________________

TEMPORARY CHANGES TO THIS
PARENTING SCHEDULE

 From time to time, one of you might want or need to rearrange the custody schedule due to work, family or other events. You should attempt to agree on these changes. If you cannot agree, the parent receiving the request will make the final decision.

 1. The parent asking for the change will ask (circle as many as apply):
in person  by letter  by phone  by e-mail

 2. The parent asking for the change will ask no later than (circle one):
12 hours  24 hours  1 week  1 month

 3. The parent being asked for a change will reply (circle as many as apply):
in person  by letter  by phone  by e-mail

 4. The parent being asked for a change will reply no later than (circle one):
12 hours  24 hours  1 week  1 month

May parents contact one another? __________

When the child(ren) is/are with one of you, how may they contact the other parent? _________________

When and how may mother/father contact the child(ren)?

In the event that proposed changes, disputes or alleged breaches of this parenting plan and custody order are necessary or desired, the parties agree that such changes will be addressed by the following method (specify method of arbitration, mediation, court action, etc.) __________

OTHER

The following matter(s) shall be as specified by the court: _________________

Other (anything else you want to agree on) __________

Date: ______    _________________
 Signature of Mother

Date: ______    _________________
 Signature of Father

Date: ______    _________________
 Signature of Witness

RELOCATION NOTICE

TO:

 This notice of my intention to relocate with child is given pursuant to 23 Pa.C.S. Section 5337 by registered U.S. Mail, Return Requested, on ______.

 1. The child's new residence will be __________

 2. The child's new mailing address will be __________

 3. The following persons will reside with the child/children at the new residence __________

 4. The phone number of the new residence is __________

 5. The child's new school district and school are __________

 6. The date of relocation is __________

 7. Relocation is necessary because __________

 8. I propose the following custody schedule upon relocation __________

 9. Other appropriate information __________

 10. Enclosed with this notice is a counter-affidavit that must be filed within 30 days if you intend to object to the relocation. Failure to file an objection to the proposed relocation with the court within 30 days of the receipt of this notice will result in your objection to relocations being foreclosed.

_________________
      Parent

FORM 9

COUNTER AFFIDAVIT REGARDING RELOCATION

 This proposal of relocation involves the following child/children:

Child's Name	Age	Currently residing at:
___________________________
___________________________

 I have received a notice of proposed relocation and:

 1. _____ I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice.

 2. _____ I do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled:

  a. _____ Prior to allowing (name of child/children) to relocate.

  b. _____ After the child/children relocate.

 3. _____ I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place.

 I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objection to the relocation.

 I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities).

_________________
      Parent

Dated: _____

[Pa.B. Doc. No. 11-1266. Filed for public inspection July 29, 2011, 9:00 a.m.]

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