THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Revision of Local Rule of Civil Procedure L1915.3--Prosecution of Action; No. 01-1115
[32 Pa.B. 2323]
Administrative Order 7-2002 And Now, this 25th day of April, 2002, it is hereby Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Court of Common Pleas of Carbon County Revises Local Rule of Civil Procedure L1915.3 governing Prosecution of Action in custody cases.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) 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 Order in the Prothonotary's Office.
By the Court:
RICHARD W. WEBB,
President JudgeRule L1915.3. Prosecution of Action.
When a claim for custody, partial custody or visitation is made in a complaint, petition, or counterclaim, such pleading shall comply with Pa.R.C.P. 1915.15(a) or (b) and shall have attached an Order of the Court referring the claim to the Hearing Officer for a conference and a Pre-trial Conciliation Information Form which will be substantially in the same form as ''Form A'' and ''Form B'' following this rule. A second order shall be attached to the front of the complaint/petition as required by Local Rule L1915.4 Form - ''B'' and L1915.4-1 - Form ''A.'' The moving party shall follow the Motion practice as set forth in L206.1(2) in the filing and service of the custody pleading.
''FORM A''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
:
:
vs. :
NO. :
CUSTODY :
ORDER OF COURT You, ______ , Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child(ren), _________________ .
Pursuant to Carbon County Rule L1915.4 and L1915.4-1, you are ordered to appear in person at the First Floor Conference Room, Carbon County Courthouse, Jim Thorpe, Pennsylvania, 18229, on ______ , 20__ , at ______ , __ .m., prevailing time, for a CONCILIATION or MEDIATION CONFERENCE before Carbon County Custody Conference Officer ______ .
If you fail to appear as provided by this Order, the Court or Custody Conference Officer may grant leave to the party who appears to present testimony and the Court may proceed to enter an Order for Custody, Partial Custody or Visitation based solely upon such testimony or the Court may issue a warrant for your arrest. No stenographic record shall be made of this conference.
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.
Legal Services of Northeastern Pennsylvania, Inc.
122 Iron Street
Lehighton, PA 18235
(610) 377-5400BY THE COURT:
DATED: ______ ______
J.
''FORM B''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
: :
vs. :
NO. :
CUSTODY :
PRE-TRIAL CONCILIATION INFORMATION
(To be submitted at conciliation conference)GENERAL INFORMATION:
1. Names, addresses, ages and employment of parents:
FATHER MOTHER ______ ______ ______ ______ ______ ______ ______ ______ 2. Names and ages of all children involved; state with whom living:
______ ______ ______ ______ ______ ______ ______ ______ 3. Names and addresses of other parties involved (if any--children's services, grandparents, foster parents, etc.)
___________________________ ___________________________ ___________________________ 4. Status of current custody orders or custody arrangements:
___________________________ ___________________________ ___________________________ 5. Addresses of children for past 5 years; state who had custody at each location:
___________________________ ___________________________ ___________________________ Position of Party Submitting Memorandum:
1. State what living arrangements you consider to be in child(ren)'s best interests (i.e. where children should spend weekdays, weekends, holidays, vacation, attend school, matters of that sort):
___________________________ ___________________________ ___________________________ 2. State kind of environment you can provide under above arrangement (home, school, other children in neighborhood, your availability at various times):
___________________________ ___________________________ ___________________________ 3. Other factors you consider relevant to resolution of dispute:
___________________________ ___________________________ ___________________________ 4. Efforts at mediation, conciliation, counseling:
___________________________ ___________________________ ___________________________ TRIAL INFORMATION:
1. List of witnesses you would intend to call:
Fact Witnesses:
___________________________ ___________________________ ___________________________ Experts: (attach copies of any reports currently available to the memorandum):
___________________________ ___________________________ ___________________________ 2. Issues for resolution: (e.g., suitability of physical environment, suitability of parent, unusual opportunities for enrichment, particular skills of availability of one parent as opposed to another):
___________________________ ___________________________ ___________________________ 3. Remarks:
___________________________ ___________________________ ___________________________ Counsel for _________________
COPIES TO BE SENT TO: Court
Opposing Counsel
[Pa.B. Doc. No. 02-841. Filed for public inspection May 10, 2002, 9:00 a.m.]
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