Eri. Cnty. Pa. 304

As amended through August1, 2022

Rule 304 - FAMILY LAW/ORPHANS' DIVISION MOTION COURT

(a) Motion Court, for the purpose of obtaining a Final Order or an order for Emergency Relief, shall be held Monday, Tuesday, Wednesday and Thursday at 9:00 a.m.

(b) All other Petitions and Motions seeking a Rule to Show Cause, Argument, or hearing date shall be presented only by counsel or pro se litigant, in duplicate, to the Family/Orphans' Court Administrator between the hours of 9:00 a.m. to 11:00 a.m. and 1:30 to 3:00 p.m., Monday through Friday.

(c) A Motion Court Cover Sheet in the form which follows this rule shall be completed and attached to all Motions or Petitions filed.

(d) The Family/Orphans' Court Administrator shall be responsible for scheduling with the Judges all Arguments, Hearings and Rules To Show Cause on the Motions or Petitions presented to the Family/Orphans' Court Administrator.

(e) The attorneys or pro se litigants presenting a Motion or Petition to the Family/Orphans' Court Administrator shall be responsible for filing original Petitions or Motions and Orders with the Prothonotary or Clerk of the Orphans' Court and serving copies of the Order and Petition or Motion on opposing counsel or pro se litigants.

(f) The Family/Orphans' Court Administrator shall collect one copy of the Petition or Motion and Order for the hearing Judge.

(g) The Motions or Petitions and Order shall be filed on the date the Order is signed.

(h) For Motions or Petitions seeking Emergency Relief or a final Order, notice shall be given to opposing counsel or pro se litigants pursuant to Rule 440 of the Erie County Local Rules.

(i) Insofar as this Rule is inconsistent with Erie County Local Rule 303, Rule 304 shall apply.

DATE:______________, __________ HEARING REQUIRED:

MOTIONS JUDGE:____________ YES []

HEARING JUDGE:_____________ NO []

CAPTION:____________________

VS.

____________________

DOCKET NO:______________

FAMILY / ORPHANS' DIVISION MOTION COVER SHEET AND NOTICE

You are hereby notified that the attached motion/petition will be presented by me on:

__________________, __________________:

[] to the Court Administrator as a contested matter

9:00 a.m. - 11:00 a.m. and 1:30 p.m. - 3:00 p.m. Monday through Friday:

[] to Motion Court at 9:00 a.m.

CERTIFICATION OF NOTICE AND SERVICE (To be completed for Motion Court presentation)

The undersigned represents that a copy of this motion and proposed order have been served up all parties or their counsel of record on ____________,______________ in accordance with:

A. Local Rule No. 440, hereby providing:

[] Two full business days prior notice by [] hand delivery, [] fax,

[] Five full business days prior notice by mail; or

B. Local Orphans' Court Rule 12 for Special Petitions, thereby providing:

[] Ten full business days written notice.

UNCONTESTED MOTION CERTIFICATE

The undersigned represents that:

[] All parties or counsel have consented and consents are attached.

[] The Order seeks only a return hearing or argument date and no other relief.

INFORMATION FOR COURT ADMINISTRATOR

A. If a Judge has heard previously, please identify: []Kelly []Connelly []Dunlavey

[]Trucilla []Domitrovich []Cunningham []DiSantis []Bozza []Garhart

B. Estimated court time required _______minutes _____hours ______days

C. Is this motion/position opposed? [] yes [] no [] unknown

(OVER)

FAMILY COURT MOTIONS

CUSTODY: Petition/Motion relating:
G Temporary custody
G Approval of custody agreement	G Special relief (Custody)
G Waive attendance at sem	G Custody Contempt
G Custody Order:	G Continuance (Custody)
	G Counsel fees & expenses (Custody)

DIVORCE: Petition/Motion relating to:	G Approve QDRO
G Exclusive possession of property	G Divorce Contempt
G Bifurcation	G Divorce, Special Relief
G Filing Inven/Pre-Trial Stmt	G Amend pleadings divorce
G Waive Attendance at sem	G Counsel fees & expenses (Divo)
G Alimony Pendente Lite
G Divorce Other:__________

ORPHANS' COURT MOTIONS	URT MOTIONS
DECEDENTS' ESTATES: Petition/Motion relating to:	ADOPTIONS: Petition for:
G Inheritance Tax Return	G Adoption
G Family Exemption	G Voluntary Relinquishment
G Settlement of Small Estate	G Involuntary Termination
G Approval of sale of property	G Confirm Consent
G App settlement/Wrongful Death, et	G Adoption Other:__________
G Decedents' Estates Other:__________

MINOR'S ESTATES: Petition for:	GUARDIANSHIPS: Petition for:
G Appr Set of Minor's Claim	G Minor guardianship
G Auth to Release	G Alleged Incapacitated
Funds from Minor's Account	G Emergency Intervention
G Minor's Estates	G Discharge/Sub/Guardian
Other:___________	G Guardianship G Other:____________

I hereby certify all of the above statements are true and correct.

Name(s) of opposing counsel or pro se litigants

By______________________ ___________________

Attorney for []Plaintiff []Defendant __________________

Eri. Cnty. Pa. 304

Amended effective 7/1/2020; amended effective 8/1/2022.