THE COURTS
CARBON COUNTY
Amendment of Local Rules of Civil Procedure 1915.3 Commencement of Action—Complaint—Order, 1915.4 Prompt Disposition of Custody Cases—Disposition by Hearing Officer and 1915.7 Consent Order; No. 13-1829
[43 Pa.B. 5799]
[Saturday, October 5, 2013]
Administrative Order No. 13-2013 And Now, this 13th day of September, 2013, it is hereby
Ordered and Decreed that, effective immediately, Carbon County Rules of Civil Procedure CARB.R.C.P. 1915.3 governing Commencement of Action, Complaint and Order, CARB.R.C.P. 1915.4 governing Prompt Disposition of Custody Cases and Disposition by Hearing Officer and CARB.R.C.P. 1915.7 governing a Consent Order be and are hereby Amended as follows.
1. The Carbon County District Court Administrator is Ordered and Directed to File one (1) certified copy of this Administrative Order and Local Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) CD 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 and Local Rules in the Prothonotary's 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 referral 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.
''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.
Rule 1915.4. Prompt Disposition of Custody Cases. Disposition by Hearing Officer.
1 Upon the filing of any claim or modification petition for custody the moving party shall deposit with the Prothonotary in addition to the filing fee the sum of $150.00 unless excused by the Court. If the Hearing Officer determines at the pre-hearing conference that the custody issues are complex and that additional sums should be deposited to cover the payment of the Hearing Officer's fees, the Hearing Officer shall prepare an order for the Court directing the deposit of additional sums of money and allocating who shall be responsible for deposit of additional funds.
2 A pre-hearing conference shall be scheduled before a hearing officer no sooner than thirty (30) days but no longer than forty-five (45) days after the filing of the complaint or petition to modify. This conference will focus on issues for resolution by the Court, any agreements of the parties and negotiated settlement of the case.
3 If the parties agree on a custodial arrangement, a consent order shall be entered pursuant to CARB.R.C.P. 1915.7.
4 If the parties are unable to agree, the Hearing Officer shall prepare and forward to the Court within 10 days a recommended Interim Custody Order established in the best interest of the child(ren). This order shall list the date and time of the custody trial before the Court and, if requested by one of the parties or ordered sua sponte by the Court, the date and time of the pretrial conference before a Judge. If a pretrial conference is scheduled before a Judge, the pretrial procedures and requirements of the pretrial statement shall comply with Pa.R.C.P. 1915.4-4. If a custody trial is scheduled before a Judge, the Interim Custody Order shall direct the parties to file a Pretrial statement at least seven (7) days prior to the trial, which shall contain:
a. A clear concise statement of the issues to be resolved by the Court;
b. Unresolved discovery matters;
c. Name and address of each expert whom the party intends to call at trial as a witness;
d. Name and address of each witness the party intends to call at trial, the relationship of that witness to the party and a statement by the party or the party's counsel that he or she has communicated with each listed witness;
e. Issues relating to expert witnesses;
f. List of evidentiary disputes;
g. List of exhibits;
h. Any agreements of the parties;
i. Proposed Findings of Fact; and
j. Proposed Custody Order setting forth the custody schedule requested by the party.
5. If the hearing is to be held before the Hearing Officer, the moving party shall be responsible to secure the services and attendance of an outside court reporter for said hearing and shall be responsible for payment of same unless the Court places the payment responsibility on the other party.
Rule 1915.7. Consent Order.
A proposed consent order substantially in the same form as Form ''A'' following this Rule shall be attached to the stipulation or agreement.
''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 ____ , upon review of the attached Agreement between the parties regarding custody of the child(ren), it is hereby
ORDERED and DECREED that said Agreement is approved and shall be incorporated into this Order of Court as if more fully set forth herein.
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.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
______ , : Plaintiff
: : vs.
: NO. : ______ , : Defendant
: ______ - Counsel for Plaintiff ______ - Counsel for Defendant
AGREEMENT FOR ENTRY OF CONSENT CUSTODY ORDER AND NOW, this ____ day of ______ , 20 ____ , the following agreement is entered into upon stipulation of the parties:
1. This Agreement and ensuing 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 unreasonably 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.
12. It is the intention of the parties that this agreement will be adopted into an Order of Court.
13. The filing fee for the stipulated order shall be paid by the ______ (Indicate Plaintiff or Defendant) to the Prothonotary of Carbon County simultaneous with the filing of the stipulated order.
14. 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.
_________________ ______ WITNESS AS TO PLAINTIFF PLAINTIFF _________________ ______ WITNESS AS TO DEFENDANT DEFENDANT
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(ren) 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. 13-1845. Filed for public inspection October 4, 2013, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
