THE COURTS
Title 255—LOCAL
COURT RULES
CARBON COUNTY
Amendment of Local Rule of Civil Procedure CARB.R.C.P. 1915.3; Commencement of Action. Complaint. Order; No. 14-1892
[44 Pa.B. 5830]
[Saturday, September 13, 2014]
Administrative Order No. 9-2014 And Now, this 26th day of August, 2014, it is hereby
Ordered and Decreed that, effective October 1, 2014, the Carbon County Court of Common Pleas Amends Carbon County Rule of Civil Procedure CARB.R.C.P. 1915.3 governing Commencement of Action, Complaint, and Order in Custody Actions.
The Carbon County District Court Administrator is Ordered and Directed to
1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Civil Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Administrative Order in the Prothonotary's Office and the Domestic Relations Office.
By the Court
ROGER N. NANOVIC,
President JudgeRule 1915.3. Commencement of Action. Complaint. Order.
The person to be designated in the notice to defend as the person from whom legal services can be obtained shall be the same as provided for in 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.
Any party to a custody action, who is incarcerated and cannot attend any scheduled proceeding and wishes to participate by electronic means, shall request permission from Court Administration seven (7) days before the scheduled event. Said party shall be responsible for making the arrangements with Court Administration and the Warden of said facility where the party is incarcerated.
''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/supervised physical custody 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;
(f) Father's Day and Father's Birthday shall be with the Father.
(g) Child(ren)'s Birthday(s): ______ ;
(h) Vacation/Summers: _________________ ;
(i) Other times: _________________ .
7. All other periods of partial physical custody/supervised physical custody shall be by mutual agreement of both parties after reasonable request, and such agreement shall not be unreasonable withheld.
8. The retrieving party shall provide transportation unless otherwise agreed to by the parties as follows: __________________
______________________________________________________________________
______________________________________________________________________
9. 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.
10. Each party agrees to give to the other a general itinerary of all vacations they plan to take with the child(ren).
11. 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.
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.
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.
Any period of custody 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(en) shall be consulted as to the child(ren) schedule.
B. Custodial 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 the child(ren) both physically and mentally for the custody with the other party and have the child(ren) available at the time and place mutually agreed upon.
E. If either party or the child(ren) has plans which conflict with a scheduled period of custody and wish to adjust such period, 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 their partial physical custody/supervised physical custody under the influence of alcohol or drugs, the period of partial physical custody/supervised physical custody 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.
[Pa.B. Doc. No. 14-1896. Filed for public inspection September 12, 2014, 9:00 a.m.]
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