Frank. Cnty. Pa. 39-1915.3
All Custody Complaints and/or Petitions for Modification that have not been previously assigned to a judge shall be presented to the Court Administrator for assignment, after filing, in accordance with these rules.
Filing shall be accompanied by the payment of the designated filing fee and the conciliator's fee.
After the Order of Court and Directive for Conciliation has been entered by the Court, the Order shall be filed with the Prothonotary and the Complaint and Order served in accordance with the Pennsylvania Rules of Civil Procedure governing the service of Custody Complaints.
The Complaint shall specifically designate the relief sought by the party who filed the pleading and include specific terms of legal custody (sole or shared) and physical custody (sole, primary, partial, shared, or supervised) sought by the Moving Party as well as the factual basis therefore.
In addition to those averments required by the Pennsylvania Rules of Civil Procedure governing actions relating to Custody, the Complaint shall also contain:
A true, attested copy of the Complaint or Petition for Modification and Proposed Order of Court and Directive for Conciliation shall be furnished to the Non-Moving Party's counsel of record or to the non-moving party if not represented, not less than five (5) days prior to its anticipated presentation to the Court.
The Moving Party shall allege in his/her Complaint or Petition for Modification the form and manner of furnishing notice to the Non-Moving Party and whether said notice was given directly to the named Non-Moving Party or to named legal counsel or by first class U.S. mail.
To facilitate the proper giving of notice of the presentation of Custody Complaints and/or Petitions for Modification, the Court Administrator shall establish a regular time each week for the presentation of Custody Complaints and/or Petitions for Modification and the entry of an Order of Court and Directive for Conciliation establishing temporary custody arrangements pending a full hearing.
Counsel or self-represented parties may obtain the specific time for presentation of Complaints or Petitions for Modification from the Court Administrator.
If a case has previously been assigned to a judge, presentation shall be scheduled in front of that judge, unless otherwise determined by the Court Administrator
For new custody cases the case will be assigned to a judge by the Court Administrator at the time presentation is scheduled.
A copy of the filed Complaint or Petition for Modification shall be delivered to the Court Administrator a minimum of five (5) days prior to the scheduled time of any planned presentations of Custody Complaints or Petitions for Modification and Proposed Orders of Court and Directive for Conciliation.
Certain Complaints and Petitions for Modification may be presented in the same manner and at the same times as all other petitions and need not be presented in open Court at the time specifically assigned for presentations of Custody Complaint or Petitions for Modification in these cases:
The Court Administrator shall assign all custody actions to a Conciliator designated by the Court, who shall conduct a Conciliation Conference with both legal counsel and the parties.
The Conciliator shall be a member of the Bar of this Court who, along with any other members of his/her professional practice, shall not be engaged in the practice of law in the field of Domestic Relations. The Conciliator shall not be subject to the subpoena power of this Court to force testimony regarding information revealed during the Conciliation Conference.
The Court Administrator shall assign the Conciliator, date, time and place for the Conciliation Conference after the Order of Court and Directive for Conciliation has been signed by the Court.
Additionally, the Court Administrator shall notify the Conciliator of the list of cases scheduled for Conciliation one (1) week in advance.
The Conciliator shall have the following authority and responsibility:
If the parties are not able to agree upon the need for home studies and/or the need for any other expert witnesses, either party may petition the Court pursuant to Pa.R.C.P. 1915.8 for the appointment of an expert and the payment of his or her fees.
At least three (3) days prior to the scheduled Conciliation Conference, each party shall furnish to the Conciliator and counsel for the opposing party, or the self-represented party individually, a Conciliation Memorandum addressing the following:
The parties are directed to supplement the Memorandum from time to time if new information becomes available prior to Conciliation.
Upon review of the Conciliator's Summary Report, the Court may issue an Order of Court addressing the appropriate issues. A copy of said Order of Court shall be furnished to legal counsel for the parties or in the event a party is unrepresented, to the party directly by the Prothonotary in accordance with Pa.R.C.P. 236
Upon the completion of home studies and psychological evaluations (if applicable), and at any time after the entry of the Order of Court approving the Conciliator's Summary Report, either party may file a Praecipe/ Motion for Scheduling of a Pre-Trial Conference and Proposed Order of Court for a Pre-Trial Conference. (See, Sample Forms ''B'' and "C").
The Proposed Order of Court for a Pre-Trial Conference shall contain language requiring the parties to the proceeding to attend and successfully complete a parent education program designated by the Court.
The party filing the Praecipe/ Motion for Scheduling of a Pre-Trial Conference shall provide the Prothonotary with pre-addressed, stamped envelopes for each party to the custody action.
The Court Administrator shall send a pamphlet regarding the parent education program to each party.
The assigned Judge shall schedule a Pre-Trial Conference within sixty (60) days of the submission of a Motion by either party requesting said conference.
At the scheduled Pre-Trial Conference, both counsel shall be present and the parties shall be personally present.
In the event that an agreement is not reached at the Pre-Trial Conference, a hearing date shall be established by the Court at the conclusion of the Pre-Trial Conference.
SAMPLE FORM ''A''
IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT PENNSYLVANIA- FRANKLIN/ FULTON COUNTY BRANCH
__________________, Plaintiff | : | Civil Action |
| : | ||
| : | No. F.R. | |
vs. | : | |
| : | In Custody | |
__________________, Defendant | : | |
| : | Judge: |
ORDER OF COURT AND DIRECTIVE FOR CONCILIATION.
NOW, this_____day of_________, 20______, this Order will notify__________, Defendant, that
you have been sued in Court to obtain custody of the child(ren):______, date of
birth___________________.
It is ordered and directed that_______________, Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on ____________,20______
at____o'clock__.M at the Assigned Room, Third Floor, Franklin County Courthouse, Chambersburg,
Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A memorandum shall be furnished to the Conciliator at least three (3) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(e)(5).
Failure to provide said memorandum may result in the imposition of sanctions. At the Conciliation Conference, an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court.
You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney.
The Plaintiff has deposited the required conciliator's fee with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs.
____________________________________, Defendant, is notified that if you fail to appear as provided by this Order, an Order of Court for Custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest.
Pending the hearing, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for custody pending a hearing:
[The appropriate language should be inserted at this point detailing the custody arrangements sought by the Plaintiff keeping in mind the emphasis to be place upon the prior six (6) months and the role of primary caretaker. It is suggested one (1) inch of blank space be left for judge's comments or changes to the proposed Order.]
You must file with the Court a Criminal Record/ Abuse History Verification regarding you and anyone living in your household on or before the presentation scheduled on _________________________,
but no later than thirty (30) days after the date of service of the Complaint or Petition for Modification.
No party shall be permitted to relocate the residence of the child/ren to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the child/ren consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. Sec 5337(c).
Defendant is hereby notified that if (s)he disputes the Plaintiff's averments regarding the current status of the custody arrangements and this Order is entered on the basis of those averments, (s)he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the Conference, the Court may in atypical factual situations and at its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference.
The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter before the Conciliation Conference.
This Order shall become a final appealable order 181 days after the date of filing of the attached Complaint/Petition, that is, on ____________________________[fill in date 181 days after the date of filing of the complaint/petition], unless prior to that date (1) a party files a praecipe, motion or request for a trial, or (2) there is filed a final intervening order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Pennsylvania Bar Association
Lawyer Referral Service
1-800-692-7375 (PA ONLY) or 1-717-238-6715
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Franklin 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.
By the Court,
___________________
J.
SAMPLE FORM ''B''
IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT FRANKLIN/FULTON COUNTY BRANCH - PENNSYLVANIA
__________________, Plaintiff. | : | Civil Action |
| : | ||
| : | No. | |
vs. | : | |
| : | In Custody | |
| : | ||
__________________, Defendant. | : | Judge:________________________ |
ORDER OF COURT.
AND NOW, this ______day of ______, 20 ______, upon consideration of the within Praecipe/ Motion,
IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is scheduled for ___________________ , 20 _ , at ______o'clock __ .m. in the Chambers of the
Honorable ____________________, Franklin County Courthouse, Chambersburg, Pennsylvania.
A Pre-Trial Conference Memorandum shall be filed of record and a copy furnished to the Court at least five (5) days prior to the scheduled Pre-Trial Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(f)(4). Failure to provide said Pre-Trial Conference Memorandum may be grounds for imposition of sanctions.
Failure of a party or legal counsel to appear upon proper notice shall result in the holding of the conference in absentia and the entry of an Order of Court that may be to the detriment of the absent party.
IT IS FURTHER HEREBY ORDERED that all parties to this custody proceeding shall enroll in, attend and successfully complete required parent education program which has been established by the Court to provide guidance to the parties in helping children to adjust to custody changes. Failure of any party to comply with this provision of this Order of Court may result in a finding of contempt with the imposition of sanctions including fine or imprisonment or both.
By the Court,
____________________
J.
Sample Form "C"
IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT FRANKLIN/FULTON COUNTY BRANCH - PENNSYLVANIA
__________________, Plaintiff | : | Civil Action |
| : | ||
| : | No. | |
vs. | : | |
| : | In Custody | |
| : | ||
__________________, Defendant. | : | Judge: |
PRAECIPE/ MOTION FOR SCHEDULING OF A PRE-TRIAL CONFERENCE.
AND NOW comes ______ , Esquire, legal counsel for the above-captioned Plaintiff/ Defendant and moves the Court as follows:
1. A Conciliation Conference in the above-captioned matter was held on ______ .
2. A Summary Report and Proposed Order of Court was prepared by the Conciliator and filed of record on _________________, ___, 20___ .
3. An Order of Court was signed on ______ containing further directives in this matter.
4. The undersigned legal counsel hereby certifies that all Court-ordered directives have been complied with and the matter is now ready for a hearing.
5. Notification of this Praecipe/ Motion has been given to ______, Esquire, attorney for (Plaintiff/Defendant) who concurs with/opposes the request.
WHEREFORE, it is respectfully requested that an Order of Court be entered establishing a date and a time for a Pre-Trial Conference.
Date: _______________________________ By: __________________________________
(Signature), Esquire Counsel for (Plaintiff/Defendant)
I verify that the statements made in this Praecipe/ Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities.
Date: ____________ __________________________________
(Signature), Esquire
Counsel for (Plaintiff/Defendant)
Frank. Cnty. Pa. 39-1915.3