Frank. Cnty. Pa. 39-1915.7

Current through May 17, 2022

Rule 39-1915.7 - Consent Order

(a)Required Submissions to the Court:

(1)Form

Any agreement between the parties for legal and physical custody of a minor child/ren shall be submitted to the Court in the form of a document entitled "Stipulation and Agreement," bearing the signature of each parent, and their counsel of record, if any, and requesting the entry of the agreed upon terms as an Order of Court. The Stipulation and Agreement shall be accompanied by a Proposed Order for entry by the Court.

(2)Contents of Stipulation and Agreement Where No Complaint or Petition for Modification is Pending

If no Complaint or Petition for Modification is currently pending before the Court, the Stipulation and Agreement shall contain:

(i) Averments required under 23 Pa.C.S.A. Sec 5429(a), to enable the Court to determine whether jurisdictional requirements have been met, including:

1. The child/ren's present address or whereabouts;

2. The child's residence address(es) for the five (5) years preceding the filing of the Stipulation and Agreement, and the names of the persons with whom the child resided during such period;

(ii) An averment whether any party has participated as a party or witness or in any other capacity in any other proceeding concerning the legal or physical custody of the child, and, if any such actions exist, stating the presiding court, case number, and nature of such proceeding;

(iii) An averment whether any party knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and if so, identify the court, case number, and the nature of the proceedings;

(iv) An averment whether any party knows the names and addresses of any person not a party to the proceeding who has any form of physical custody of the child, or claims rights of legal or physical custody to the child, stating for any such person(s) their name(s) and address(es);

(v) The language of the Proposed Order; and

(vi) Criminal Record/ Abuse History Verifications of both parties attached as exhibits.

(3)Contents of Proposed Order:

The Proposed Order shall contain:

(i) The terms of the agreement, as to both legal and physical custody of the subject child/ren;

(ii) An averment pursuant to 23 Pa. C. S. A. § 5323(c), giving notice of the parties' obligations under 23 Pa. C. S. A.§ 5337, related to relocation, substantially equivalent to that set forth in Sample "A" to Rule 39-1915.3; and

(iii) The conditions for protection of the child or abused party as required pursuant to 23 Pa. C. S. A. § 5323(e), if either party has engaged in past violent or abusive conduct and a risk of harm exists to the child/ren or the abused party.

IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH

______________________,Plaintiff	:	Civil Action - Law
	:
	:
vs.	:	No. _____________
	:
	:
______________________,Defendant	:	Judge:

ENTRY OF APPEARANCE OF SELF-REPRESENTED PARTY

I, _______________________________, Plaintiff or Defendant (circle one) represent myself in the within action.

I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

All pleadings and legal papers can be served on me at the address below:

______________________________Print Name

_______________________________ Signature

________________________________ Address

________________________________Telephone number

________________________________City, State, Zip

__________________________________Date

REMOVAL OR WITHDRAWAL OF COUNSEL OF RECORD

(If Applicable)

______ Remove __________________________________, Esq., as my attorney of record. - - - - - - - - - - - - - - - - - - - - - - - - - - - ______ Withdraw my appearance for the filing party.

________________________________, Esq. (Print name)

ID# ____________________

________________________________ Signature

Date: _________________

THE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING THE ATTORNEY REMOVED FROM THE CASE.

IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT OF PENNSYLVANIA - FULTON COUNTY BRANCH

______________________,Plaintiff	:	Civil Action - Law
	:
	:
vs.	:	No. _____________
	:
	:
______________________,Defendant	:	Judge:

ENTRY OF APPEARANCE OF SELF-REPRESENTED PARTY

I, _______________________________, Plaintiff or Defendant (circle one) represent myself in the within action.

I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

All pleadings and legal papers can be served on me at the address below:

__________________________________Print Name

__________________________________Signature

__________________________________Address

__________________________________Telephone number

__________________________________City, State, Zip

__________________________________Date

REMOVAL OR WITHDRAWAL OF COUNSEL OF RECORD

(If Applicable)

______ Remove __________________________________, Esq., as my attorney of record. - - - - - - - - - - - - - - - - - - - - - - - - - - - ______ Withdraw my appearance for the filing party.

________________________________, Esq. (Print name) ID# ____________________

________________________________ Signature

Date: _________________

THE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING THE ATTORNEY REMOVED FROM THE CASE.

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 A PRE-TRIAL CONFERENCE

AND NOW comes __________________ , Plaintiff/ Defendant (circle one) 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 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 ______________________ , the opposing party, 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),

Plaintiff/Defendant (circle one)

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),

Plaintiff/Defendant (circle one)

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 for Scheduling a Pre-Trial Conference;

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 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,

___________________

IN THE COURT OF COMMON PLEAS OF THE 39T H JUDICIAL DISTRICT PENNSYLVANIA- FRANKLIN/ FULTON COUNTY BRANCH

__________________,Plaintiff	:	Civil Action
	:
	:	No.
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(s) 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,

_____________________

Frank. Cnty. Pa. 39-1915.7

Adopted by Order of Court dated May 3, 2011; Published at 41 Pa. Bull. 2532 5/21/2011; Amended by Order of Court dated _________, 2014; Published at ___ Pa. Bull. ___ ______, 2014.