THE COURTS
Title 255—LOCAL
COURT RULES
CHESTER COUNTY
Adoption of Local Rules of Civil Procedure; 2014-0064R-CM
[44 Pa.B. 2620]
[Saturday, May 3, 2014]
Administrative Order No. 9-2014 And Now, this 2nd day of April, 2014, the Court approves and adopts the following Chester County Local Rules of Civil Procedure. These Rules shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin. The Court Administrator is directed to publish this Order once in the Chester County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.C.P. 239 & 239.8, certified copies of the within Order shall be filed by the Court Administrator, as follows: Two (2) certified copies with the Administrative Office of Pennsylvania Courts—one (1) copy for publication on the Pennsylvania Judiciary's Web Application Portal; Two (2) certified copies and a computer diskette containing the text of the local rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; One (1) certified copy shall be filed with the Domestic Relations Procedural Rules Committee; One (1) copy shall be filed with the Prothonotary of Chester County, one (1) copy with the Clerk of Courts, (1) one copy with the Court Administrator of Chester County, one (1) copy with the Law Library of Chester County and one (1) copy with each Judge of this Court.
By the Court
JAMES P. MacELREE, II,
President Judge
ACTIONS FOR LEGAL AND PHYSICAL CUSTODY[, PARTIAL CUSTODY AND VISITATION] OF
MINOR CHILDRENRule 1915.3.A. Commencement of Action. Complaint, Order. Parenting Class.
(a) Notice of a custody action and conciliation conference shall include the date and time for each party to attend parenting class, the date and time for custody conciliation, the name of the assigned mediator and instructions to contact the mediator within three (3) days.
(b) Relocation.
(1) Upon petition of either party, issues of relocation shall be heard before the Court. Each petition shall be accompanied by a Rule Returnable that sets forth separate Rule and Hearing dates.
(2) All orders for custody shall include a statement that neither party shall relocate the children without proper consent and/or Court approval as required by 23 Pa.C.S. § 5337. Strict compliance with 23 Pa.C.S. § 5337 is required.
(c) All custody matters alleging the prior existence of a Children, Youth and Families (CYF) proceeding shall include a copy of the order closing the case file prior to the institution of an action for custody in the Family Court.
(d) All initial complaints for custody and petitions for modification shall include an executed copy of the moving party's Custody Crimes Affidavit. Within ten (10) days of service or at the conciliation conference/appearance before the court, whichever occurs first, the responding party shall file a similar affidavit.
(e) Parenting Class: When an initial complaint or petition to modify custody is filed, all parties shall be required to attend the Court approved Parenting Program. Upon good cause shown, a party may request permission in writing to the Family Court Administrator to attend an approved alternate program. Should the Court grant permission to attend an alternate program proof of attendance must be produced. Any party attending the Court approved program within one (1) calendar year may be excused from attendance. Failure to attend the Parenting Program as directed may result in a finding of Contempt and/or the issuance of Sanctions.
(f) Mediation: In appropriate cases, the parties to a custody proceeding shall be required to attend a Mediation Orientation session. Failure to attend the Mediation Orientation session may result in a recommendation by the custody conciliator that sanctions be entered including but not limited to a fine of up to $100.00.
Comment: For form of the order as required by Pa.R.C.P. 1915.3(a) see C.C.R.C.P. 1915.15.A.(a). [Information regarding the appearance of children at a conciliation conference has been moved in its entirety to C.C.R.C.P. 1915.11.A. to coincide with the Pa.R.C.P. 1915.11.]
See C.C.R.C.P. 1915.4.A.(c) for pleadings to be filed in conjunction with a Petition for Relocation.
For the form of the Custody Crimes Affidavit required by 23 Pa.C.S. §§ 5328, 5329 see C.C.R.C.P. 1915.15.(A)(b).
The current Court approved Parenting Program is Children in Between. Parties residing outside the Commonwealth of Pennsylvania may be given permission to attend the online version of Children in Between. It is the party's responsibility to provide the Court with the certificate of completion.
Rule 191 5.4.A. Prompt Disposition of Custody Cases. Custody Hearing Demand. Pre-Trial Statement. Certificate of Readiness. Relocation.
(a) Initial Contact with the Court.
(1) All complaints for custody and petitions for modification shall be scheduled for mediation within thirty (30) days of filing with the Office of the Prothonotary and/or
(2) All parties shall attend parenting classes within thirty (30) days of filing the initial Complaint with the Office of the Prothonotary.
(b) Listing Trials before the Court.
(1) All temporary orders for custody unless otherwise specifically indicated on the order shall automatically become a Final Order of the Court no later than 180 days of the filing of the Complaint or Petition to Modify except in those cases where the parties have demanded trial within the time limitations set forth in Pa.R.C.P. 1915.4 and C.C.R.C.P. [1915.4.A.(c)(3)(4)] 1915.4.A.(c)(4).
(2) All temporary orders for custody shall include the following language:
Notice: Unless a demand for trial, [has] a certificate of trial readiness and a pre-trial statement have been filed, this order shall become a final order of the court within [180 days of the filing of the complaint or petition for modification or] 90 days of the most recent conciliation conference[, whichever is earlier].
Notice: Neither party shall relocate the children without proper consent and/or court approval as required by 23 Pa.C.S. § 5337. Strict compliance with 23 Pa.C.S. § 5337 (related to relocation) is required.
(c) Trial
(1)
(i) When trial is demanded by any party, within thirty (30) days of filing the demand or [at the time] in conjunction with the filing of a petition for relocation, the moving party shall file with the Prothonotary a completed Certificate of Readiness and a Pre-trial statement containing the following information:
(a) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;
(b) a concise statement of the facts;
(c) a concise statement of the factual or legal issues involved, if any, including citations to applicable statutes or case law, if any;
(d) a list showing the names and addresses of all witnesses each party intends to call at trial; [and]
(e) a schedule of all exhibits to be offered at trial;
(f) a proposed Final Order and Parenting Plan; and
(g) updated Custody Crimes Affidavit.
(ii) Attached to the Pre-trial statement shall be the reports of any experts intended to be called [and a proposed order setting forth the requested disposition of the matter].
(iii) All Pre-trial statements shall not exceed three (3) pages in length;
(iv) A time-stamped copy of the filed Pre-Trial shall be served upon Family Court and opposing counsel;
(v) The responding party shall file his/her Pre-trial statement within twenty (20) days of the filing of the movant's statement.
(vi) Failure to comply with the timely filing of a pre-trial statement may result in the imposition of sanctions including but not limited to exclusion of evidence at trial, fines and costs.
(vii.) Failure to comply with the timely filing of a certificate of trial readiness shall result in the recommendation of the custody conciliator being entered as a final order for custody.
(2)
(i) The form of Demand for Trial as required by C.C.R.C.P. 1915.4.A.(c)(1)(i) shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION—LAW Defendant : IN CUSTODY
DEMAND FOR TRIAL TO THE FAMILY COURT ADMINISTRATOR:
I, ______ , plaintiff/defendant, hereby demand trial in the above-captioned custody matter.
Date: ______
_________________
Attorney for I.D. #_________________
Address_________________
Date of Most Recent Conciliation Conference: ______
(Must be within 90 days of filing)N.B. No case shall receive a trial date until such time as a Certificate of Trial Readiness [is] and a Pre-Trial Statement are filed of record. All Certificates of Trial Readiness and Pre-Trial Statements shall be filed within thirty (30) days of filing a demand for trial. Failure to file within the time frame as specified will result in the recommendation of the custody conciliator becoming a Final Order of the Court.
(ii) The form of Certificate of Readiness required by C.C.R.C.P. 1915.4.A.(C)(1)(i) shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION—LAW Defendant : IN CUSTODY
CERTIFICATE OF READINESS—CUSTODY I hereby certify that all reports are completed and the above custody matter is ready for trial.
Date: ______
_________________
Attorney forDate: ______
_________________
Attorney forEstimated time of hearing: ______ (An estimated time of hearing must be entered or the certificate will be rejected by the Family Court Administrator and the case will not be listed for trial.
I hereby certify that on ______ , I served a copy of this certificate on ______ [with a request that he/she join in this certificate].
Date: ______
_________________
Attorney for[N.B. This form must be completed in its entirety or the certificate will be rejected by the Family Court Administrator and the case will not be listed for trial.]
(iii)(a) A copy of the Certificate of Trial Readiness and the Pre-Trial Statement shall be served upon the Family Court Administrator, who shall schedule the case for hearing and promptly notify all counsel and unrepresented parties in the case. Any certificate of readiness that fails to include an estimated time of trial will be rejected and not [placed on the trial list] scheduled for trial.
(b) Failure to timely file a Certificate of Trial Readiness and Pre-Trial Statement shall result in the temporary order entered after the conciliation conference being entered as a Final Order for Custody unless good cause can be shown for the matter to proceed to trial.
(4)(a) All demands for trial shall be filed within ninety (90) days of the most recent conciliation conference.
(b) A copy of the demand for trial shall be served upon the Family Court Administrator.
Comment: In the event no demand for trial has been filed, the docket will automatically reflect that the Order of the Court was finalized no later than 180 days after the filing of the Complaint or Petition for Modification. This rule does not apply to collateral matters not involving actual custody issues such as legal, physical, partial physical and primary physical custody.
See 23 Pa.C.S. § 5331 for the contents of the proposed Parenting Plan.
In the event the Certificate of Readiness is filed without the Pre-Trial Statement, no hearing date will be scheduled until the Pre-Trial Statement is filed.
The demand for trial must be served upon Family Court in order for the case to be placed on the trial list.
Rule 1915.5.A. Questions of Jurisdiction. No Responsive Pleading by Defendant Required. Counterclaim. Venue. Discovery.
(a)(1) All references to hearing in Pa.R.C.P. 1915.5 shall be construed as referring to the conference before the custody conciliator. If a question of jurisdiction or venue is raised by timely Preliminary Objections, the conciliation shall be continued until decision by the court.
(2) All Preliminary Objections to jurisdiction or venue shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing Dates.
(b) Requests for discovery shall be in accordance with C.C.R.C.P. [206.1.C.] 208, et seq. except that no brief shall be required.
Rule 1915.5.B. Custody Conciliator. Conference.
(a) The Court shall appoint appropriate persons as custody conciliators.
(b) The custody conciliator:
(1) shall conciliate custody, and visitation cases filed with the court;
(2) may hear contempt cases filed with the court;
(3) may recommend to the court that interim temporary and final custody orders be entered; and
(4) may recommend the appointment of counsel and/or a guardian ad litem for the child.
(c) All custody matters shall be scheduled for conference before the custody conciliator no sooner that ten (10) days after filing of an action. Emergency matters may be scheduled for an earlier conference on a standby basis. All parties shall be present at such conference. Failure of a party to appear at the conference may result in the entry of an order in the absence of such party.
(d) An appearance by counsel before the custody conciliator shall be deemed an entry of appearance on behalf of the party represented.
(e) To facilitate the conciliation process and encourage frank, open and meaningful exchanges between the parties and their respective counsel all statements, except agreements made by the parties, shall not be the subject of direct or cross examination at a later hearing before the court. The custody conciliator shall not be subject to subpoena as a witness.
(f)(1) [At] An order, agreed upon by the parties or recommended by the custody conciliator shall issue at the conclusion of [every] the conciliation conference or at the discretion of the conciliator [or attorney designated by the conciliator shall prepare an order either agreed upon by the parties or to be recommended by the conciliator] by the close of the next business day. In the event a recommendation does not issue at the conclusion of the conference, upon letter request of counsel or the party(ies), the custody conciliator may conduct a brief conference call limited to minor issues regarding the implementation of his/her recommendation. The conciliator shall submit the order reflecting the agreement or recommendation to the Court for approval.
(2)
(i) [which are not agreed upon by the parties, shall be scheduled for hearing before the Court. Any party requesting the issuance of the recommendation as an interim order shall present to the Family Court Administrator within two (2) business days of the conciliation conference an order for scheduling a hearing. Said matter shall be scheduled within thirty (30) days of the conciliation conference for a brief hearing on the issuance of an interim order. The moving party shall also file a demand for trial no later than the day and time set for the hearing on the issuance of an interim order.] Recommendations that change primary custody: The recommendation of the custody conciliator shall state whether or not the recommendation will result in a change in primary custody that is not agreed upon by the parties. The conciliator shall advise the objecting party to an Order recommending a change in primary custody that a request for stay of the entry of the recommended order shall be filed within five (5) days of the conciliation conference. If no stay is filed within five (5) days, the order shall be entered. If no demand for trial is filed within ninety (90) days, the recommended order shall become a final order of court. If a request for stay is timely filed, a hearing shall be scheduled within thirty (30) days to determine if the recommended order shall be made a temporary pending trial. The party seeking the stay shall submit an order for hearing. The objecting party shall file a Demand for Trial and serve Family Court Administration no later than the date set for the hearing. A certificate of trial readiness and pre-trial statement shall be filed within thirty (30) days of the filing of the demand for trial. The certificate of trial readiness and pre-trial statement shall be served upon Family Court Administration. Failure to file a timely demand for trial or certificate of trial readiness and pre-trial statement shall result in the recommendation of the conciliator being entered as a final order of court.
(ii) The form of order required by C.C.R.C.P. 1915.5.b.(F)(2)(i) shall be substantially in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN CUSTODY
NOTICE AND ORDER TO APPEAR A recommended order for a change in primary custody has been forwarded to the Court by ______ , Conciliator. At the request of ______ , a hearing has been scheduled before the Court to determine if the recommended order should be entered as an Interim Order pending trial.
The parties and counsel are ordered to appear for a hearing on ______ at ______ __m. in Courtroom No. ______ of the Chester County Courthouse, West Chester, PA. The Court has set aside fifteen (15) minutes for each side to present their case in the format of their choice (evidentiary testimony, legal argument). At the conclusion of which, the Judge will render a decision regarding the entry of an Interim order pending trial. [Upon the filing of a Demand for Trial and the requisite Certificate of Trial Readiness, the matter shall be set for trial in the normal course of business. Failure to demand trial within ninety (90) days of the conciliation conference shall result in the Interim Order, if entered, becoming a final Order of the Court.] Failure to demand trial by the aforementioned date shall result in the recommendation of the custody conciliator being entered as a final order of court.
BY THE COURT:
Date: ______
_________________
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500
IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Legal Aid of Southeastern Pennsylvania
Chester County Division
[14 East Biddle Street]
222 North Walnut Street, 2nd floor
West Chester, PA 19380
610-436-4510
[AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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.
BY THE COURT:
Date: ______
_________________]Comment: It is the general practice of this Court to schedule Custody conciliation conferences not later than 90 days from the filing of the Complaint or Petition to Modify. [Hearing requested pursuant to C.C.R.C.P. 1915.B.(f)(2)(i) will be approximately 30 minutes in length (15 minutes each side) for the presentation of evidence on the issue of a change in primary custody.]
Rule 1915.11.A. Appointment of Attorney for Child. Interrogation of Child. Attendance of Child at Hearing or Conference.
(a) If counsel or a guardian ad litem is appointed for the child, fees may be assessed against the parties.
(b) (1) No child(ren) shall be present at a conciliation conference unless specifically ordered to appear.
(2)
(i) Parties requesting the presence of children ages ten (10) and older at a conciliation conference shall do so by submitting their request in the form of a proposed order to the Office of the Family Court Administrator. That office shall maintain such forms in blank, for this purpose. The proposed order shall be served by the requesting party on all other parties promptly and in sufficient time so that the opposing parties are given at least ten (10) days notice, prior to the conciliation conference, of the entry of the order.
(ii) The form of order required by C.C.R.C.P. 1915.11.A.(b)(2) shall be substantially in the following form:
Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : ACTION—LAW Defendant : IN CUSTODY
ORDER FOR APPEARANCE WHEREAS, a Custody Conciliation Conference in this matter has been scheduled for the ______ day of ______ , 20______ at ______ __m. before a Chester County Custody Conciliator in the Child Custody Conciliation Room at Courthouse, Third Floor Annex, West Chester, Pennsylvania, and,
WHEREAS, ______ , who is a party to these proceedings has requested the presence at the Conciliation Conference of the children named below who are the subject of these proceedings and are ten (10) years of age or older,
IT IS HEREBY ORDERED that the following minor children shall attend the aforesaid Conciliation Conference:
Name ______ Date of Birth ______
Name ______ Date of Birth ______
Name ______ Date of Birth ______
BY THE COURT:
Date: ______
_________________(3) The custody conciliator may at his/her discretion reschedule a conference and may direct the appearance of a child or children of any age.
Rule 1915.12.A. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.
(a) All petitions for Contempt shall be accepted for filing by the Office of the Prothonotary upon payment of the appropriate fee.
(b) All petitions for Contempt shall allege with specificity the facts that constitute a willful failure to comply and indicate the remedy the party is seeking.
(c) All Petitions for Contempt may be scheduled for a hearing before the Custody Conciliator. The hearing shall be limited to one (1) hour in duration at which time the parties may present evidentiary testimony. At the conclusion of the hearing, the custody conciliator shall make a recommendation and advise the parties they have ten (10) days in which to request a hearing de novo. At the conclusion of the ten (10) days if no objections have been filed, the recommendation shall become and order of the court. In the event objections are filed, the matter shall be listed, in the normal course of business, for a hearing de novo before the Court. The hearing shall be limited to the issues raised by the [pleadings] petition for contempt.
(d) The recording of testimony during an evidentiary hearing before the custody conciliator is precluded.
(e) Timely objections to the recommendation of the custody conciliator shall be filed in writing with the Office of the Prothonotary. A copy of the objections shall be filed upon the Family Court Administrator who shall promptly schedule the matter for hearing before the Court.
(f) The form of order required by Pa.R.C.P. 1915.12(a) shall be in the following form:
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN CUSTODY
NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody[, partial custody, visitation]. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court you defenses or objections.
An evidentiary hearing has been scheduled for ______ at ______ a.m./p.m. in the Chester County Justice Center, 201 West Market Street, Fifth Floor, Hearing Room #1, West Chester, PA.
Whether or not you file in writing with the court your defenses or objections, you must appear in person for this hearing.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
If the court finds that you have willfully failed to comply with its order for custody[, partial custody or visitation], you may be found to be in contempt of court and committed to jail, fined or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500
IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Legal Aid of Southeastern Pennsylvania
Chester County Division
222 North Walnut Street, 2nd Floor
West Chester, PA 19380
610-436-4510
AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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.
BY THE COURT:
Date: ______
_________________Rule 1915.13.A. Special Relief.
(a) Petitions seeking a stay or other immediate, substantive relief may be presented to the court at any time.
(b) The court will not enter a stay or grant the relief ex parte unless:
(1) Notice—it appears from the petition or motion that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time and place of the application; or
(2) Stipulation—it appears from the petition or motion that there is an agreement by all parties in interest; or
(3) Exigency—the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief. Such exigent circumstances include those where immediate action is necessary to protect the mental or physical well-being of a child or children, or to undo the effects of a ''snatch'' (that is, a recent sudden change in a long-standing custody arrangement brought about contrary to the wished of the custodial parent), or to preserve the status quo.
(c) Where prompt action is necessary, the family court may also enter temporary orders based on:
(1) the recommendations of the conciliator; or
(2) affidavits, depositions, reports of physicians, police or school personnel, and the oral representations of counsel; or
(3) investigations of child service agencies, or
(4) a combination of the foregoing.
Rule 1915.15.A. Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order.
(a) The form of order required by Pa.R.C.P. 1915.3(a) shall be in the following form:
[: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN CUSTODY
NOTICE AND ORDER TO APPEAR A complaint has been filed in the Court of Common Pleas of Chester County concerning custody/partial custody/visitation of your children.
You are ordered to appear in person at the Chester County Justice Center, 5th Floor, Custody Conciliation Room 5206, 201 West Market Street, West Chester, PA 19380 for a Custody Conciliation Conference on ______ , at ______ , __.m.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you.
You, ______ , Plaintiff, are ordered to appear in person to attend a Parenting Class on Thursday, ______ at 4:30 p.m. in Room 4112, Fourth Floor, Chester County Justice Center, 201 West Market Street, West Chester, PA.
You, ______ , Defendant, are ordered to appear in person to attend a Parenting Class on Thursday, ______ at 4:30 p.m. in room 4112, Fourth Floor, Chester County Justice Center, 201 West Market Street, West Chester, PA.
Failure to attend the session as scheduled may affect your rights to custody, partial custody or visitation.
You are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers.
Mediator: ______ Phone ______
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500
IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Legal Aid of Southeastern Pennsylvania
Chester County Division
222 North Walnut Street, 2nd Floor
West Chester, PA 19380
610-436-4510
AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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.
BY THE COURT:
Date: ______
_________________]
: IN THE COURT OF COMMON PLEAS Plaintiff : CHESTER COUNTY, PENNSYLVANIA vs : NO. : CIVIL ACTION—LAW Defendant : IN CUSTODY
NOTICE & ORDER TO APPEAR You ______ , defendant, have been sued in court to obtain/modify custody of the child(ren):
You are hereby notified of the following:
1. Court Ordered Mediation: You are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers to schedule mediation orientation.
Mediator: ______ Phone ______
Failure to contact the mediator and attend mediation orientation may result in sanctions, including, but not limited to, a fine of up to $100, delay in your custody proceedings or other appropriate sanction.
2. Custody Conciliation Conference: You are ordered to appear in person at the Chester County Justice Center, 5th Floor, Hearing Room 5206, 201 West Market Street, West Chester, PA 19380 for a Custody Conciliation Conference on ______ , at ______ , __.m. at which time a recommendation for a custody Order may be entered.
If you fail to appear, an order for custody may be entered against you or the court may issue a warrant for your arrest.
3. Parenting Class:
a. You, ______ , Plaintiff, are ordered to appear in person to attend a Parenting Class on Thursday, ______ at 4:30 p.m. in Room 4112, Fourth Floor, Chester County Justice Center, 201 West Market Street, West Chester, PA.
b. You, ______ , Defendant, are ordered to appear in person to attend a Parenting Class on Thursday, ______ at 4:30 p.m. in room 4112, Fourth Floor, Chester County Justice Center, 201 West Market Street, West Chester, PA.
Failure to attend your parenting session as scheduled may affect your rights to custody, partial custody or visitation.
4. You must file with the Court a verification as required by Pa.R.C.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.
No party may make any 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 the applicable provisions of 23 Pa.C.S. § 5337 and Pa.R.C.P. 1915.17 regarding relocation.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Lawyer Referral Service
15 West Gay Street
West Chester, PA 19380
610-429-1500
IF YOU CANNOT AFFORD A LAWYER, PLEASE CONTACT THE OFFICE SET FORTH BELOW:
Legal Aid of Southeastern Pennsylvania
Chester County Division
222 North Walnut Street, 2nd Floor
West Chester, PA 19380
610-436-4510
AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Chester 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 Family Court Administration at 610-344-6405. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference.
BY THE COURT:
Date: ______
_________________(b) The form of Custody Crimes Affidavit as required by 23 Pa.C.S. §§ 5328, 5329 shall be in the following form:
: IN THE COURT OF COMMON PLEAS ______
Plaintiff: CHESTER COUNTY, PENNSYLVANIA : vs. : NO. ______
Defendant: : : CIVIL ACTION—CUSTODY
AFFIDAVIT PURSUANT TO 23 PA.C.S.A. § 5328 AND § 5329 I ______ , hereby swear or affirm that:
(print name)1. Please state whether or not you and/or another adult living in your household have been convicted of, pled guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows:
NO YES Me Adult in my
HouseholdDate Of
Conviction[ ] [ ] Contempt for violation of a Protection from Abuse order or agreement; [ ] [ ]
Name: ____________ [ ] [ ] Driving under the Influence of alcohol or a controlled substance or drugs; [ ] [ ]
Name: ____________ [ ] [ ] Possession, sale, delivery, manufacturing or offering for sale any controlled substance or other drug or device; [ ] [ ]
Name: ____________ [ ] [ ] Criminal homicide; Murder; [ ] [ ]
Name: ____________ [ ] [ ] Aggravated Assault; [ ] [ ]
Name: ____________ [ ] [ ] Stalking; [ ] [ ]
Name: ____________ [ ] [ ] Kidnapping; [ ] [ ]
Name: ____________ [ ] [ ] Unlawful restraint; [ ] [ ]
Name: ____________ [ ] [ ] False imprisonment; [ ] [ ]
Name: ____________ [ ] [ ] Luring a child into a motor vehicle or structure; [ ] [ ]
Name: ____________ [ ] [ ] Rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal, incest; [ ] [ ]
Name: ______
______[ ] [ ] Sex offender non-compliance with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa.C.S.A. § 3130 and 42 Pa.C.S. § 9795.2; [ ] [ ]
Name: ______
______[ ] [ ] Arson and related offenses; [ ] [ ]
Name: ____________ [ ] [ ] Concealing death of a child; [ ] [ ]
Name: ____________ [ ] [ ] Endangering the welfare of children; [ ] [ ]
Name: ____________ [ ] [ ] Trading, bartering, buying, selling or dealing in infant children; [ ] [ ]
Name: ____________ [ ] [ ] Prostitution and related offenses; [ ] [ ]
Name: ____________ [ ] [ ] Obscene and other sexual materials and performances; or [ ] [ ]
Name: ____________ [ ] [ ] Corruption of minors or unlawful contact with a minor. [ ] [ ]
Name: ____________ 2. Please state whether or not you and/or another adult living in your household have a present and/or past history involving violent or abusive conduct as follows:
NO YES Me Adult in my
HouseholdDate Of
Finding[ ] [ ] A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statue in another jurisdiction [ ] [ ]
Name: ______
______[ ] [ ] Has been subject to a Protection from Abuse order in Pennsylvania or similar statute in another jurisdiction [ ] [ ]
Name: ______
______[ ] [ ] Other:
______[ ] [ ]
Name: ______
______I verify that the statements made in this affidavit are true and correct. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
_________________
Signature_________________
Printed nameCRIMINAL CHARGE INFORMATION FOR INDIVIDUALS INVOLVED IN CHILD CUSTODY CASES CAN BE FOUND BY ACCESSING THE JEN & DAVE PROGRAM AT WWW.JENDAVEPROGRAM.US
(c) All Petitions for Modification shall be accepted for filing by the Office of the Prothonotary upon the payment of the appropriate fee.
(d) All Petitions for Modification shall allege with specificity the modification sought and the reasons for seeking the modification.
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