THE COURTS
Title 255—LOCAL
COURT RULES
SCHUYLKILL COUNTY
Amend Civil Rule of Procedure 1915.15 Form of Complaint; S-1799-2013
[43 Pa.B. 5590]
[Saturday, September 21, 2013]
Order of Court And Now, this 3rd day of September, 2013, at 4:00 p.m., Schuylkill County Civil Rule of Procedure No. 1915.15, FORM OF COMPLAINT is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective September 3, 2013 in accordance with Pa.R.C.P. 1915.15.
The Prothonotary of Schuylkill County is Ordered and Directed to do the following:
1) File seven (7) certified copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts.
2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3) Forward one (1) certified copy of this Order and Rule with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.
5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Prothonotary and the Schuylkill County Law Library.
It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
By the Court
WILLIAM E. BALDWIN,
President Judge
THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
TWENTY-FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
: Plaintiff : No: S- : vs. : Custody : : Defendant :
ORDER OF COURT AND NOW, this ______ day of ______ , 20 ____ , at ______ o'clock ____ .m. you are hereby ORDERED to appear as follows:
You have been sued in Court to obtain/modify (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child(ren) named in the Complaint.
I. CUSTODY CONCILIATION CONFERENCE
You are ORDERED to appear in person at the Custody Conciliation Office, of the Schuylkill County Courthouse on _________________ , for a Custody Conciliation Conference.
You are further ORDERED to bring with you the fully completed conciliation questionnaire provided by the Court.
If you fail to appear as provided by the Order, an Order of Custody may be entered against you or the Court may issue a Warrant for your arrest.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.C.P. No. 1915.17 regarding relocation.
II. PARENT EDUCATION PROGRAM
1. ALL PARTIES NAMED ABOVE SHALL ATTEND AND COMPLETE THE PARENT EDUCATION PROGRAM DESIGNATED BY THE COURT. THE PROGRAM IS REQUIRED FOR ALL PARTIES PARTICIPATING IN A CUSTODY ACTION. PARTICIPATION IS REQUIRED WHETHER OR NOT AN AGREEMENT IS SUBMITTED.
2. EACH OF YOU SHALL CONTACT THE PARENT EDUCATION PROGRAM IDENTIFIED IN THE ENCLOSED BROCHURE OR BY CALLING (TOLL FREE) 888-215-7445 WITHIN TEN (10) DAYS OF RECEIVING THIS ORDER TO REGISTER AND ATTEND THE NEXT AVAILABLE PROGRAM. IF YOU FAIL TO COMPLY WITH THE PROVISIONS OF THIS ORDER, CONTEMPT CHARGES AGAINST YOU SHALL BE FILED WITH THE COURT.
YOU ARE EACH REQUIRED TO PAY THE FEE FOR THE PROGRAM DIRECTLY TO THE PROGRAM PROVIDER. THIS INFORMATION IS INCLUDED IN THE ENCLOSED BROCHURE OR BY CALLING (TOLL FREE) 888-215-7445.
3. LOCATION OF PARENTING EDUCATION PROGRAM:
SCHUYLKILL COUNTY COURTHOUSE
401 N. 2ND STREET
POTTSVILLE, PA 17901
570-628-1330FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS.
III. GENERAL PROVISIONS
YOU SHOULD TAKE THIS PAPER (and the attached papers) 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.
Pennsylvania Bar Association Lawyer Referral Service
100 South Street, P.O. Box 186, Harrisburg, PA 17108
1-800-692-7375Counsel and pro se litigants without counsel are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. All requests for a continuance of a Custody Conciliation Conference must be made on the APPLICATION FOR CONTINUANCE form available from the offices of the Court Administrator, Custody Conciliator or Prothonotary in the Schuylkill County Courthouse. The application must be filed in the Prothonotary Office. A continuance will be granted only upon good cause shown.
The moving party shall immediately serve on all interested parties a copy of the original pleading, this order, the designated Parent Education Program Brochure which includes registration and information, and a custody conciliation questionnaire; and shall further file an affidavit verifying service.
Americans With Disabilities Act of 1990: The court of Common Pleas of Schuylkill 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 our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.
IV. INMATE PROVISIONS
YOU ARE A NAMED PARTY IN AN ACTION SEEKING CUSTODIAL RIGHTS REGARDING YOUR CHILD(REN). THE SCHUYLKILL COUNTY CUSTODY CONCILIATION OFFICE WILL AFFORD YOU THE OPPORTUNITY TO HAVE INPUT VIA TELEPHONE AT THE CONFERENCE WITH THE CUSTODY CONCILIATOR. YOU ARE RESPONSIBLE FOR ARRANGING THE TELEPHONE CONFERENCE THROUGH THE APPROPRIATE PRISON PERSONNEL ONCE YOU ARE NOTIFIED OF THE DAY AND TIME OF THE CONFERENCE. YOU MUST PROVIDE THE CUSTODY CONCILIATION OFFICE WITH A TELEPHONE NUMBER AND A CONTACT PERSON SO THAT THE CUSTODY CONCILIATION OFFICE CAN CONTACT THE PERSON AT THE SCHEDULED TIME FOR THE CUSTODY CONFERENCE.
IN THE EVENT THAT YOU ELECT TO PARTICIPATE IN THE CONFERENCE VIA TELEPHONE CONFERENCE YOU MUST NOTIFY OUR OFFICE WITH THE APPROPRIATE CONTACT INFORMATION AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED CONFERENCE.
IN ADDITION YOU HAVE THE RIGHT TO FILE A WRIT OF HABEAS CORPUS AD TESTIFICANDUM.
IF YOU ELECT NEITHER APPROACH, YOU MAY SUBMIT AN INFORMAL BRIEF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED CONFERENCE THAT SETS FORTH YOUR PROPOSAL REGARDING THE CUSTODIAL ISSUES REGARDING YOUR CHILD(REN). YOUR BRIEF WILL BE CONSIDERED AT THE TIME OF THE SCHEDULED CONFERENCE.
BY THE COURT,
Date: ______ ______
[Pa.B. Doc. No. 13-1720. Filed for public inspection September 20, 2013, 9:00 a.m.]
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