CARBON COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION
MOTION COVER SHEET
NO.
vs.
FILING OF:
Movant ( ) Respondent ( )
TYPE OF FILING (check one):
( ) 1. Pretrial Discovery Motion (432)
( ) 2. Motion for Discovery in Aid of Execution
(480)
( ) 3. Preliminary Objections to (576)
( ) 4. Motion for Summary Judgment (306)
( ) 5. Motion for Judgment on Pleadings (294)
( ) 6. Motion for Leave to Join Additional
Defendant (403)
( ) 7. Motion for TRO or Preliminary Injunction
(438)
( ) 8. Petition to Open or Strike Judgment (498)
( ) 9. Motion for Alternative Service (409)
( )10. Motion for
Leave to Amend (465)
( )11. Motion to
Consolidate Actions (424)
( )12. Petition to
Compromise Minor's Action (435)
( )13. Motion for
Leave to Withdraw (510)
( )14. Motion for
Reconsideration (441)
( )15. Motion for
Advancement on Trial List (404)
( )16. Other
Motion or Petition (specify):
OTHER
PARTIES:
Attorney's Name (Typed)
Attorney for:
( )Movant ( )Respondent
N.B. The numbers
after the Motion or Petition above are docket codes used in the Court Computer
System. Please be precise when checking
your Motion or Petition.
Form B
Effective
7/26/04
Revision
effective 7/1/10
RULE 206.4
(c) - RULE TO SHOW CAUSE. ALTERNATIVE
PROCEDURES.
1. Carbon County
adopts the procedure under Pa.R.C.P.206.6.
2. The order
shall be pursuant to Pa.R.C.P.206.6(c) except that it shall be modified by
deleting paragraphs (4) and (5) and substituting a new paragraph (4) which
shall state: an evidentiary hearing on
disputed issues of material fact shall be held on ________________ day of
_____________, 20__, at _________ time, in Courtroom No. _______ of the Carbon County
Courthouse. Paragraph number 6 shall be
renumbered to number 5.
Effective 7/26/04
Revision effective 6/1/08
RULE
208.2(c)- MOTION. FORM.
CONTENT.
Motions
shall include a brief statement identifying the applicable procedural rule,
statute, or other authority relied upon for the relief requested.
Effective 7/26/04
RULE
208.2(d)- MOTION. FORM. CONTENT.
When
uncontested, motions shall include a certification stating that the motion is
uncontested.
Effective 7/26/04
RULE
208.2(e)- MOTION. FORM.
CONTENT.
Every
motion relating to discovery shall include a certificate signed by counsel for
the moving party that counsel has conferred or attempted to confer with all
interested parties to resolve the matter and are unable to resolve the dispute
without court action.
Effective 7/26/04
RULE 208.3(a)-
ALTERNATIVE PROCEDURES.
(A)
MOTIONS
(1)
Pa.R.C.P.208.4 shall
govern motion procedure in Carbon County.
(2)
All motions shall be
in writing, except as permitted by the court or when made in open court during
a trial or hearing and shall comply with Pa.R.C.P.
208.2.
(3)
A motion shall
comply with the following requirements:
(a)
A brief statement of
applicable authority pursuant to CARB.R.C.P.208(c);
(b)
If uncontested, a
certification pursuant to CARB.R.C.P.208.2(d);
(c)
In discovery
motions, a certification that counsel has conferred or attempted to confer with
all interested parties to resolve the matter without court action pursuant to
CARB.R.C.P.208.2(e); and
(4)
The failure, in any
motion, to state a type of relief or a ground therefore shall constitute a
waiver of such relief or ground.
(5)
Any motion may
request such alternative relief as may be appropriate.
(B)
FILING
(1)
All written motions
and any written answers, and any notices, or documents for which filing is
required, shall be filed with the Prothonotary.
(2)
Self-addressed,
stamped envelopes for each attorney and unrepresented party shall be provided
with the filing of the motion to the Prothonotary’s
Office for service of the Order of Court.
(3)
Filing shall be by:
(a)
personal delivery to
the prothonotary; or
(b)
mail addressed to
the prothonotary. Except as provided by
law, filing by mail shall be timely only when actually received by the
prothonotary within the time fixed for filing.
(4)
The prothonotary
shall accept all written motions, answers, notices, or documents presented for
filing. When a document, which is filed
pursuant to paragraph (A)(1), is received by the prothonotary, the prothonotary
shall time stamp it with the date of receipt and make a docket entry reflecting
the date of receipt, and promptly shall place the document in the case file.
(5)
If a pro se party
submits a document to a judge without filing it with the prothonotary, and the
document requests some form of cognizable legal relief, the judge promptly
shall forward the document to the prothonotary for filing and processing in
accordance with this rule.
(C) SERVICE
(1)
All written motions and any
written answers, and notices or documents for which filing is required, shall
be served upon each party and the district court administrator concurrently
with filing.
(2)
Service on the parties shall be
by:
(a)
personal delivery of a copy to a
party’s attorney, or the party if unrepresented; or
(b)
personal delivery of a copy to
the party’s attorney employee at the attorney’s office; or
(c)
mailing a copy to a party’s
attorney or leaving a copy for the attorney at the attorney’s office; or
(d)
in those judicial districts that
maintain in the courthouse assigned boxes for counsel to receive service, when
counsel has agreed to receive service by this method, leaving a copy for the
attorney in the attorney’s box; or
(e)
sending a copy to an
unrepresented party by certified, registered, or first class mail addressed to
the party’s residence, business, or confinement; or
(f)
sending a copy by facsimile
transmission or other electronic means if the party’s attorney, or the party if
unrepresented, has agreed to this type of service or the attorney has provided
a facsimile signature on any pleading authorizing this method of service for
the document; or
(g)
delivery to the party’s attorney,
or the party if unrepresented, by carrier service.
(3)
Service on the district court
administrator shall be by:
(a)
mailing a copy to the district
court administrator; or
(b)
leaving a copy for the district
court administrator at the district court administrator’s office; or
(c)
delivery to the district court administrator
by carrier service.
Effective 7/26/04
RULE 210 - FORM OF BRIEFS
1.
Each brief shall contain:
(a)
A history of the case;
(b)
A statement of the pertinent facts;
(c)
A statement of the questions involved; and
(d)
The argument.
2.
The statement of questions involved shall be so drawn that the
Court may quickly determine all the legal questions requiring determination.
3.
The argument shall be divided into as many parts as there are
questions involved. Opinions of an
Appellate Court, of this or any other jurisdiction shall be cited from the
National Reporter's System and/or to the official reports of Pennsylvania
Appellate Courts, if published therein.
4.
Briefs shall refer specifically, by page number or other
appropriate means, to any portion of the record relied upon in support of the
argument.
5.
Copies of all Non-Pennsylvania State cases and Non-3rd
Circuit Federal cases shall be attached as Exhibits to said Brief.
6.
Counsel for the
moving party shall in all matters file an original and two (2) copies of a
brief in the Office of the Prothonotary and forthwith serve one (1) copy of a
brief upon each adverse party or counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District
Court Administrator.
7.
Each adverse party
or his counsel of record shall file in the Office of the Prothonotary an
original and two (2) copies of a brief in answer, not later than three (3)
weeks before the date of argument and forthwith serve a copy thereof upon all
opposing parties or their counsel of record.
Pa.R.C.P.440 governs service.
Service shall be required on the District Court Administrator.
8.
Except as provided
in (6), and (7) no untimely briefs shall be filed unless upon special allowance
or within such time as shall be set by the Court.
Effective 7/26/04
RULE 212.1- CIVIL
ACTIONS TO BE TRIED BY JURY. NOTICE OF
EARLIEST TRIAL DATE. TIME FOR COMPLETING
DISCOVERY AND FILING PRE-TRIAL STATEMENT.
Every party
shall simultaneously file and serve upon opposing
counsel a Pre-Trial Statement on or before the date established in the
management review order or the order of court granting a motion to extend
milestones.
Any
motion to extend milestones shall be in compliance with CARB.R.C.P.208.2(d) and
CARB.R.C.P.208.3(a). The proposed order
shall list the current milestones and the recommended milestones to be
established.
Effective 7/26/04
At
the Pre-Trial Conference, the parties or representatives of their insurance
carriers are expected to attend having realistic settlement authority.
Effective 7/26/04
RULE 430 - SERVICE PURSUANT TO SPECIAL ORDER OF
COURT. PUBLICATION.
The Carbon County Law Journal shall be designated by the
Carbon County Court of Common Pleas to be the legal publication for service of
process by publication.
Effective 7/26/04
As required by Pa.R.C.P.1018.1(c), the
following shall be designated in the notice to defend as the person from whom
legal referral can be obtained:
North Penn Legal Services
1203 North Street, Route 903
Jim Thorpe, PA
18229
Phone 1-877-515-7628
Fax (570) 325-3105
Effective 7/26/04
Revision effective 1/12/11
RULE 1028(c) -
PRELIMINARY OBJECTIONS
A.
Preliminary
Objections pursuant to Pa.R.C.P.1028(a)(1), (5), or (6):
1.
A proposed order
shall be attached to all preliminary objections.
2.
A notice to plead
shall be attached to the preliminary objections.
3.
If the parties agree
to the relief sought, the preliminary objections shall be accompanied by a
stipulation signed by all affected counsel or unrepresented parties.
4.
The moving party
shall simultaneously file a brief in support of the preliminary
objections. See CARB.R.C.P.210 for form,
content of brief, service and filing requirements.
5.
If an amended
complaint is not filed within twenty (20) days of service of the preliminary
objections, the matter shall be scheduled for hearing.
6.
The adverse party
shall file a brief in response to the preliminary objections within twenty (20)
days of service. See CARB.R.C.P.210 for
form, content of brief, service and filing requirements.
7.
The Court shall
dispose of the matter within fifteen (15) days of argument.
B.
Preliminary
Objections pursuant to Pa.R.C.P.1028(a)(2), (3), or (4):
1.
A proposed order
shall be attached to all preliminary objections.
2.
If the parties agree
to the relief sought, the preliminary objections shall be accompanied by a
stipulation signed by all affected counsel or unrepresented parties.
3.
The moving party
shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P.210 for form, content of
brief, service and filing requirements.
4.
If an amended
complaint is not filed within twenty (20) days of service of the preliminary
objections, the matter shall be scheduled for argument.
5.
The adverse party
shall file a brief in response to the preliminary objections within twenty (20)
days of service. See CARB.R.C.P.210 for
form, content of brief, service and filing requirements.
6.
The Court shall
dispose of the matter within fifteen (15) days of argument.
Effective 7/26/04
RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
1. The moving party shall file the motion,
proposed order and a supporting brief simultaneously. If a brief is not filed
with the motion, the motion shall be deemed withdrawn, without prejudice, upon
motion of the opposing party. A
certificate of service in conformance with Pa.R.C.P.208.2(a)(5) shall be
attached to the motion. Pa.R.C.P.440
governs service. Service shall be
required on the District Court Administrator.
For form of briefs, see CARB.R.C.P.210.
2. Any party opposing the motion shall file a
responsive brief within twenty (20) days of service of the motion and provide
service in accordance with number one above.
Failure to file a brief shall be deemed to have no opposition to the
motion.
3. Upon service of
the motion on the District Court Administrator, argument shall be scheduled
allowing for sufficient time to file the response briefs.
4. The Court shall
dispose of the matter within fifteen (15) days of argument.
Effective 7/26/04
RULE
1035.2(a) – MOTION
1. The moving party shall file the motion for
summary judgment, proposed order and a supporting brief simultaneously. If a
brief is not filed with the motion, the motion shall be deemed withdrawn,
without prejudice, upon motion of the opposing party. A certificate of service in conformance with
Pa.R.C.P.208.2(a)(5) shall be attached to the motion. Pa.R.C.P.440 governs service. Service shall be required on the District
Court Administrator. For form of briefs,
see CARB.R.C.P.210.
2. Any party opposing the motion shall file a
responsive brief within thirty (30) days of service of the motion and provide
service in accordance with number one above.
Failure to file a brief shall be deemed to have no opposition to the
motion and the court shall grant the motion.
3. Upon service
of the motion on the District Court Administrator, argument shall be scheduled
allowing for sufficient time to file the response briefs.
4. The Court
shall dispose of the matter within fifteen (15) days of argument.
Effective 7/26/04
All civil cases where the amount in controversy
(exclusive of interest and costs) shall be Fifty Thousand ($50,000.00) Dollars
or less, except those involving title to real estate, shall first be submitted
to a Board of Arbitrators in accordance with Section 7361 of the Judicial Code,
42 Pa.C.S.A. §7361.
The amount in controversy shall be determined from the pleadings. The Court may on its own motion or upon the
motion of any parties strike from the trial list and certify for arbitration
any case which should have been arbitrated in the first instance.
Effective 3/23/06
Revision effective 9/15/06
Any attorney who is actively engaged
in the general practice of law primarily in Carbon County
who is interested in serving on Arbitration cases shall complete and return to
the District Court Administrator a “Consent to Serve as Arbitrator” as attached
hereto.
This information shall be entered
into the Court database for maintenance and selection of available
arbitrators..
Effective
7/26/04
Revision
effective 7/1/10
CONSENT TO SERVE AS ARBITRATOR
The undersigned hereby consents to serve as an Arbitrator under the Pennsylvania Rules of
Compulsory Arbitration, and asks that his/her name remain on the active roll of Arbitrators to continue to serve in such capacity
when called upon until further notice.
___________________________________________ _______________________________
SIGNATURE DATE
|
PLEASE
TYPE OR PRINT CLEARLY:
NAME:
______________________________________________________________________________________
Date Admitted to the Carbon
County Bar _____________ Email: ____________________________
FIRM:
___________________________________________________________
ADDRESS: ___________________________________________________________
___________________________________________________________________________________
MAILING ADDRESS: (if different than above)_ _________________________
___________________________________________________________________________________
Telephone No. _____________________________ Fax No.
______ ___________________
Identification No. _____________________________ __________________________________
(This
number appears on the lower left corner of card issued by the State Court
Administrator)
|
|
I
am associated in the Practice of Law with:
(Please indicate associates Identification No.)
___________________________________________________ #
____________________
___________________________________________________ #
____________________
___________________________________________________ #
____________________
___________________________________________________ #
____________________
|
|
I
am related to the following members of the Bar who are not associated with me
in the Practice of Law.
___________________________________________________ #
_____________________
___________________________________________________ #
_____________________
|
NOTE: Any change in your status of practicing with or being
associated with any other lawyer or lawyers shall immediately be reported to
the District Court Administrator.
Effective 7/26/04
Revision effective 7/1/10
Notice of the
appointment of arbitrators and the date, time and place of arbitration in
accordance with Pa.R.C.P.1303 shall be made by the Prothonotary’s
Office. The Notice shall include the
following language: “The matter will be
heard by a board of arbitrators at the time, date, and place specified but, if
one or more of the parties is not present at the hearing, the matter may be
heard at the same time and date before a judge of the court without the absent
party or parties. There is no right to a trial de novo on appeal from a
decision entered by a judge.”
All continuance
requests must be filed no later than seven (7) days before the scheduled
Arbitration hearing. The attorney/party
must notify all other attorneys/pro se parties and members of the panel of the
granting of the continuance motion. In
the event such notice is not provided and a panel member appears, the
defaulting party shall be responsible for paying the panel member the current
arbitration fee of $150.00. Any
continuances requested within the seven (7) days of the scheduled Arbitration
hearing shall require the personal appearance of the attorney/pro se party
before the Judge to explain the extenuating circumstances necessitating the
late filing.
Any appointed
arbitrator must notify Court Administration of their inability to serve within
ten (10) days of the scheduled event so that a suitable replacement can be
secured.
If
a case is settled less than two (2) days before the Arbitration hearing, one of
the attorneys/pro se parties must appear before the Board of Arbitrators and
have an Award entered by agreement. If
it is settled more than two (2) days before the Arbitration hearing,
Plaintiff’s attorney/Plaintiff must file a praecipe
to strike the case from the arbitration list because the case is settled and
must notify all other attorneys/pro se parties and the panel members. In the event counsel fails to appear and
advise the Board of the settlement award or to provide such notice and a panel
member appears, the defaulting party shall be responsible for paying the panel
member the current arbitration fee of $150.00.
Effective 7/26/04
Revision effective 3/1/09
RULE 1501 – CONFORMITY TO CIVIL ACTION.
When a praecipe for a writ of
summons, a complaint or a counterclaim is filed, the Prothonotary shall index
the action as a lis pendens
against real property, if, but only if, the party filing the praecipe, the complaint or the counterclaim, or his
attorney:
(1) files a separate praecipe
describing said real property by metes and bounds or a sufficient description
to identify it, and the volume and page in the Recorder of Deeds Office of this
county where a recorded description of said property appears;
(2) directs in said separate praecipe
that the action shall be listed on a lis pendens against said real property; and
(3) files in said separate praecipe a
certification that said action:
(A) is a proceeding to revive and continue the lien of debts
against a decedent's property; or
(B) is a proceeding conveying or vesting title to real property in
this Commonwealth; or
(C) is a proceeding of which purchasers of the described real
property should have constructive notice; and
(4) files with said separate praecipe,
a written verified statement, as verified as defined in Pa. R.C.P. 76, setting
forth the basis and subject matter of the cause of action and that said action
affects the title to the real property so described or of any interest in said
real property.
Effective 7/26/04
RULE 1530 – SPECIAL RELIEF. ACCOUNTING.
1. If
an auditor is appointed pursuant Pa.R.C.P.1530(d), the following procedures
shall govern:
(A) The auditor shall give two weeks notice
in writing to the parties or their attorneys of record of the time and place fixed
for hearing the matter.
(B) Testimony taken by the auditor at the hearing shall be
recorded stenographically. The notes of the testimony shall not be
transcribed unless exceptions are filed to the auditor's report.
(C) Within forty-five (45) days after the conclusion of the
hearing the auditor shall file a written report which insofar as it is
practicable shall contain (i) a history of the proceedings before the auditor,
(ii) findings of fact, numbered consecutively, (iii) a concise discussion of the
evidence presented and the legal issues involved, (iv) conclusions of law,
numbered consecutively, and (v) a statement of the account.
(D) Upon filing of the report the auditor shall serve a copy of the
same on the parties in accordance with Pa.R.C.P. 440.
(E) Exceptions to the report of the auditor may be filed by any
party within ten (10) days after service of a copy of the report upon him. If such exceptions are filed, the Court shall
hear argument on the same and shall enter such order or judgment as may be
appropriate. If no timely exceptions are
filed, the account stated in the report of the auditor shall be final and
judgment may be entered thereon upon praecipe.
(F) The Court shall determine the compensation and reimbursement
for expenses to be allowed the auditor and stenographer, and shall direct that
such items be taxed in whole or in part against the fund available for
distribution or against any party or parties to the action as may be just and
equitable in the circumstances. Upon the
appointment of an auditor the moving party shall promptly deposit with the
Prothonotary such sum as the court may direct for the compensation and expenses
of the auditor and stenographer, and the moving party shall deposit such
additional sums for such purpose as the Court may from time to time
direct. Any sum so deposited which is
not required for such purposes shall be refunded to the moving party upon the
entry of the final order or decree.
Effective 7/26/04
If
an emergency order of a District Justice or a temporary or final order of a
Judge is violated, it shall be presumed that the Court of Common Pleas is
unavailable and the arresting police officer shall take the defendant
before a District Justice in the magisterial district in which the abuse for
which relief is requested occurred.
Effective 7/26/04
RULE 1905 – FORMS FOR USE IN PFA ACTIONS. NOTICE AND HEARING. PETITION. TEMPORARY PROTECTION ORDER. FINAL PROTECTION ORDER.
The forms attached hereto shall be used to commence or
amend an action pursuant to Pa.R.C.P.1901.3(a).
Effective 7/26/04
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
_____ :
(Plaintiff) :
:
vs. : No._____________________
:
:
:
(Defendant)
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish
to defend against the claims set forth in the following papers, you must appear
at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL order may be entered against you granting the relief
requested in the Petition. In
particular, you may be evicted from your residence and lose other important
rights. Any protection order granted by
a court may be considered in subsequent proceedings under Title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, including child custody
proceedings under Chapter 53 (relating to custody).
A hearing on the matter is scheduled for
the day of , 20_____,
at . M., in Courtroom at Carbon County
Courthouse, Jim Thorpe, Pennsylvania.
You MUST obey the Order that is attached
until it is modified or terminated by the Court after notice and hearing. If
you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt, which is punishable by a
fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. § 6114. Violation may also subject you to
prosecution and criminal penalties under the Pennsylvania Crimes Code. Under
federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United
States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If
you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. §§ 2261-2262.
YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER
REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR
YOU. 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 FREE OR NO FEE. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO
PROCEED WITHOUT ONE.
COUNTY LAWYER REFERRAL SERVICE
NORTH PENN LEGAL SERVICES
122-124 IRON STREET
LEHIGHTON, PA 18235
(610) 377-5400
www.northpennlegal.org
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. :
No. ______________________
:
:
(Defendant)
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's
Name:__________________________________________________________________________
Defendant's Date of
Birth:____________________________________________________________________
Defendant's Social Security
Number:_________________________________________________________ __
Name of All Protected Persons, including Plaintiff and minor child/ren:_______________________________ _
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
AND NOW, this___________ day of ____________________, 20_____, upon
consideration of the attached Petition for Protection from Abuse, the court
hereby enters the following Temporary Order:
( ) 1.
Defendant shall not abuse, harass, stalk or threaten any of the above persons
in any place where they might be found.
( ) 2.
Defendant is evicted and excluded from the residence at
____________________________________
__
____________________________________________________________________________________
(NONCONFIDENTIAL
ADDRESS FROM WHICH DEFENDANT IS EXCLUDED)
or any
other permanent or temporary residence where Plaintiff or any other person
protected under this Order may live.
Plaintiff is granted exclusive possession of the residence. Defendant
shall have no right or privilege to enter or be present on the premises of
Plaintiff or any other person protected under this Order.
( ) 3. Except as provided in Paragraph 5 of
this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not
limited to any contact at Plaintiff's school, business, or place of
employment. Defendant is specifically
ordered to stay away from the following locations for the duration of this
Order:
____________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
( ) 4. Except for such contact with the
minor child/ren as may be permitted under Paragraph 5
of this Order, Defendant shall not contact Plaintiff, or any other person
protected under this Order, by telephone or by any other means, including
through third persons.
( ) 5. Pending the outcome of the final
hearing in this matter, Plaintiff is awarded temporary custody of the following
minor child/ren:
_____________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Until the final hearing, all
contact between Defendant and the child/ren shall be
limited to the following:
___________________________________________________________________________________
The local law
enforcement agency in the jurisdiction where the child/ren
are located shall ensure that the child/ren are
placed in the care and control of the Plaintiff in accordance with the terms of
this Order.
(
) 6. Defendant shall immediately relinquish the following weapons to the
Sheriff's Office or a designated local law enforcement agency for delivery to
the Sheriff’s Office.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Defendant is prohibited from
possessing, transferring or acquiring any other weapons for the duration of
this order.
( ) 7. The following additional relief is
granted: ___________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
( ) 8. A certified copy of this Order shall
be provided to the police department where Plaintiff resides and any other
agency specified hereafter [insert name of agency]:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
(
) 9. THIS ORDER SUPERSEDES
(
) ANY PRIOR PFA ORDER
AND
( ) ANY PRIOR ORDER RELATING TO CHILD
CUSTODY.
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT
AND SHALL REMAIN IN EFFECT UNTIL
_____________________________________________________
OR UNTIL OTHERWISE MODIFIED OR
TERMINATED BY THIS COURT
AFTER NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that
violation of this Order may result in arrest for indirect criminal contempt,
which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail. 23 Pa.C.S. § 6114. Consent of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be
changed or modified through the filing of appropriate court papers for that
purpose. 23 Pa.C.S. § 6113. Defendant is further notified that violation
of this Order may subject him/her to state charges and penalties under the
Pennsylvania Crimes Code and to federal charges and penalties under the
Violence Against Women Act, 18 U.S.C. §§ 2261-2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order
shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 6 of this
Order, defendant shall be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of
this Order may be made without warrant, based solely on probable cause, whether
or not the violation is committed in the presence of law enforcement.
Subsequent to
an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior
incidents of abuse. Weapons must
forthwith be delivered to the Sheriff's office of the county which issued this
Order, which office shall maintain possession of the weapons until further
Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY
THE COURT:
By:_______________________________________
Judge
_______________________________________
Date
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. :
No. __________________
:
________________________ :
(Defendant)
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's
name is:
_____________________________________________________________________________
2. I am filing this Petition on behalf of:
( ) Myself and/or (
) Another Person
If
you checked "myself", please answer all questions referring to
yourself as "Plaintiff".
If you checked "another person",
please answer all questions referring to that person as the
“Plaintiff",
and provide your address here, unless confidential:
_____________________________________
__________________________________________________________________________________
If you checked "Another Person",
indicate your relationship with Plaintiff:
( ) parent of minor Plaintiff(s) ( ) applicant for appointment as guardian
ad litem of minor Plaintiff(s)
( ) adult household member
with ( ) court appointed guardian of
minor Plaintiff(s) incompetent Plaintiff(s)
3. Name(s) of ALL
person(s), including Plaintiff and minor children, who seek protection from
abuse:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
4. ( ) Plaintiff's address is confidential
or
( ) Plaintiff's address is: _______________________________________________________________________
________________________________________________________________________________________
5. Defendant is believed to live at the
following address:
__________________________________________________________________________________________
Defendant's
Social Security Number (if known) is:
____________________________________________________
Defendant's date of birth is:
______________________________________________________________________
Defendant's place of employment
is:________________________________________________________________
[
] Check here if Defendant is 17 years old or younger.
6. Indicate the relationship
between Plaintiff and Defendant.
( ) Spouse ( ) Current or former ( )
Other relationship
sexual/intimate partner by blood or marriage:
_________________________
(
) Ex-spouse ( ) Parent/Child _________________________
( ) Persons who live ( ) Parents of
the same ( ) Brother/Sister
or have lived like children
spouses
7. Have Plaintiff and
Defendant been involved in any of the following Court actions?
( )
Divorce ( ) Custody ( ) Support ( ) Protection from Abuse
If you
checked any of the above, briefly indicate when and where the case was filed
and the court number, if known:
8. Has the Defendant been involved in any criminal court action? ________________________________________
If you answered yes, is the
Defendant currently on probation?
________________________________________
9. Plaintiff and Defendant
are the parents of the following minor child/ren:
Name(s) Age(s) who reside at (list address unless
confidential):
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
_______________________ _________ ____________________________________________
10. If Plaintiff and
Defendant are parents of any minor child/ren
together, is there an existing court Order regarding
their
custody?
_________________________________________________________________________
If you
answered yes, describe the terms of the Order (e.g., primary, shared, legal
and/or physical custody):
_____________________________________________________________________________________
_____________________________________________________________________________________
If you
answered Yes, in what county and state was the order issued?
____________________________ __
_____________________________________________________________________________________
If you are now
seeking an Order of child custody as part of this petition, list the following
information:
(a) Where has each child resided during the past five
years?
Child's Name Person(s) child lives with Address, unless confidential When
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
_________________ ________________________ ________________________ ___________
(b) List any other persons who are known to have or claim
a right to custody of each child listed above:
Name Address Basis
of Claim
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
_______________________ _____________________________ ________________________
11. The following other minor
child/ren presently live with Plaintiff:
Name(s) Age(s) Plaintiff's relationship to child/ren
______________________ _________ ___________________________________________________
______________________ _________ ___________________________________________________
______________________ _________
___________________________________________________
______________________ _________ ___________________________________________________
12. The facts of the most
recent incident of abuse are as follows:
Approximate Date:
____________________ Place: _____________________________________________
Approximate Time:
____________________
Describe in detail what happened,
including any physical or sexual abuse, threats, injury, incidents of stalking,
medical treatment sought, and/or calls to law enforcement (attach additional
sheets of paper if necessary):
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
13. If the
Defendant has committed prior acts of abuse against Plaintiff or the minor
child/ren, describe these prior incidents, including
any threats, injuries, or incidents of stalking, and indicate approximately
when such acts of abuse occurred (attach additional sheets of paper if
necessary):
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
14. List the weapon(s) that Defendant has used or
threatened to use against Plaintiff or the minor child/ren:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
15. Identify
the police department or law enforcement agency in the area in which Plaintiff
lives that should be provided with a copy of the protection order:
_
______________________________________________________________________________________
16. There is an immediate and
present danger of further abuse from the Defendant.
CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE
AND PROVIDE THE REQUESTED INFORMATION
( ) Plaintiff is asking the Court to
evict and exclude the Defendant from the following residence:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
( ) owned by (list owners, if known):
_____________________________________________________ ____
__________________________________________________________________________________________
( ) rented
by (list all names, if known):
_________________________________________________________
( )
Defendant owes a duty of support to Plaintiff and/or the minor child/ren.
( ) Plaintiff has suffered out-of-pocket
financial losses as a result of the abuse described above. Those losses are:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
FOR THE REASONS SET FORTH
ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A
FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED):
( ) A. Restrain Defendant from abusing,
threatening, harassing, or stalking Plaintiff and/or
minor child/ren
in any place where Plaintiff may be found.
( ) B. Evict/exclude Defendant from
Plaintiff's residence and prohibit Defendant from
attempting to enter any temporary
or permanent residence of the Plaintiff.
( ) C. Require Defendant to provide
Plaintiff and/or minor child/ren with other suitable
housing.
( ) D. Award Plaintiff temporary custody of
the minor child/ren and place the following
restrictions on contact between
Defendant and child/ren:
___________________________________________________________________
___________________________________________________________________
( ) E. Prohibit Defendant from having any
contact with Plaintiff and/or minor child/ren,
either in person, by telephone,
or in writing, personally or through third persons,
including but not limited to any
contact at Plaintiff's school, business, or place of
employment, except as the court
may find necessary with respect to partial custody
and/or visitation with the minor
child/ren.
( ) F. Prohibit Defendant from having any
contact with Plaintiff's relatives and Plaintiff's
children listed in this Petition,
except as the court may find necessary with respect
to partial custody and/or
visitation with the minor child/ren.
( ) G. Order Defendant to temporarily turn
over weapons to the Sheriff of this County and
prohibit Defendant from
transferring, acquiring or possessing any such weapons for
the duration of the Order.
( ) H. Order Defendant to pay temporary
support for Plaintiff and/or the minor child/ren,
including medical support and
[ ] payment of the rent or
mortgage on the residence.
( ) I. Direct Defendant to pay Plaintiff
for the reasonable financial losses suffered as the
result of the abuse, to be
determined at the hearing.
( ) J. Order Defendant to pay the costs of
this action, including filing and service fees.
( ) K. Order Defendant to pay Plaintiff's
reasonable attorney's fees.
( ) L. Order the following additional
relief, not listed above:
__________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
( ) M. Grant such other relief as the court
deems appropriate.
( ) N. Order the police or other law
enforcement agency to serve the Defendant with a
copy of this Petition, any Order
issued, and the Order for Hearing. The petitioner
will inform the designated authority
of any addresses, other than Defendant's
residence, where Defendant can be
served.
VERIFICATION
I verify that I am the petitioner as
designated in the present action and that the facts and statements contained in
the above Petition are true and correct to the best of my knowledge. I understand that any false statements are
made subject to the penalties of 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities.
____________________________________
SIGNATURE
____________________________________
DATE
PSP Data Sheet
Information
Defendant Information:
____________________________________________________________________
First Middle Last Suffix
(Jr, Sr,)
Defendant’s
Alias: ______________________________________________________________________ _
Defendant’s
Sex: Male / Female Home Phone: __________________________ _____
Defendant’s
Race: Caucasian / African American / Hispanic /
Latino /
Asian
American / Pacific Islander / Other ______________________________
Defendant’s Date of Birth: __________ _________ __________ Age: ________________ ___
Month Day Year (20___)
Defendant’s Address (if known):
City/State/Zip__________________________________________________________________________ __
Defendant’s State of Birth:
Defendant’s Skin Tone: Fair
/ Light / Medium / Dark / Other ___________________________ _____
Defendant’s Height (approx.): ______________ Defendant’s Weight (in
pounds):__________________ _
Defendant’s Eye Color: ___________________ Defendant’s Hair Color:
______________________ ___
Defendant’s Scars, Marks, Tattoos: _______________________________________________________ ___
Defendant’s Social Security
Number:_____________________________________________________ ____
FBI Number:
____________________________________________________________________________
Defendant’s Miscellaneous
Number:_______________________________________________________ __
Defendant Spends Time (Bars, Friends, etc.): ____
Defendant’s
Operator’s License Number: ____________________________________________________ _
Defendant’s Operator’s License State: __________ Operator’s License Year:
_______________________ _
Defendant’s
Vehicle Registration Number:
____________________________________________________
Defendant’s
Vehicle Registration State: ______________________________________________________
Defendant’s
Vehicle Registration Year:
______________________________________________________
Defendant’s
Vehicle Registration Type:
______________________________________________________
Defendant’s
Vehicle Identification Number: ___
Defendant’s
Vehicle Year: _________________________________________________________________
Vehicle
Model:
__________________________________________________________________________
Defendant’s
Vehicle Style:
_________________________________________________________________
First
Color of Vehicle:
____________________________________________________________________
Second Color of Vehicle:
__________________________________________________________________
Miscellaneous
Information (vehicle):
_________________________________________________________
______________________________________________________________________________________
Defendant’s Place of Employment: ___________________________________________________________
Employer’s Address:
___________________________________________________________________
City / State / Zip Code
Employer’s Telephone Number:
________________________ Shift worked__________________________
Does
Defendant have access to any weapons?
Yes / No
Is this an eviction? Yes
/ No Hearing
Date:
Plaintiff Information:
_____________________________________________________________________________________
First Middle Last
Suffix (Jr, Sr, etc.)
Sex:
Male / Female Race: Caucasian / African American / Hispanic /
Latino /
Asian American / Pacific Islander / Other
_____________________
Date
of Birth: / /
Plaintiff
Telephone Number:
______________________________________________________________
____
Address is confidential
Address is:
___________________________________________________________________________
City
/State /Zip Code
Attorney Name:
Phone No.:
Other Protected Person(s):
1.
_________________________________________________________________________________
First Middle Last Suffix (Jr,
Sr, etc.)
Sex: Male / Female Race: Caucasian / African American / Hispanic /
Latino /
Asian American / Pacific Islander / Other
____________________
Date of Birth:
_____/______/________
Telephone
Number: ____________________________________________________________________
_________Same
Address of Person Above
Address: ____________________________________________________________________________
City
/ State / Zip Code
2.
__________________________________________________________________________________
First Middle Last Suffix (Jr,
Sr, etc.)
Sex:
Male / Female Race:
Caucasian / African American / Hispanic / Latino /
Asian American / Pacific Islander /
Other ______________________
Date
of Birth: _____/______/_________
Telephone Number:
____________________________________________________________________
____Address
is same as the Person above.
Address:
____________________________________________________________________________
City
/ State /
Zip Code
IN THE
COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL
DIVISION
PLAINTIFF NAME: ________________________________
ADDRESS: ________________________________
TELEPHONE NO. ________________________________
DATE OF BIRTH: ________________________________
VS. NO:
___________________
DEFENDANT’S NAME: ____________________________
ADDRESS: _______________________________
TELEPHONE NO. _______________________________
DATE OF BIRTH: _______________________________
PROTECTION FROM ABUSE
I understand if I fail to attend the final
hearing, the PFA order will be dismissed and I will be required to pay the
filing and service fees of approximately $170.00.
It is understood the costs of this proceeding will be addressed by the
Judge at the time of the final hearing.
I further understand, in the event of my
relocation, I am required to notify the Prothonotary's
Office of such change in address.
DATE: ____________________________
___________________________________
Plaintiff
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
:
(Plaintiff) :
:
vs. : No.
__________________
:
____________________________ :
(Defendant)
FINAL ORDER OF COURT
Defendant’s Name:
Defendant’s Date of Birth:
_________________________________________________________________
Defendant’s Social Security Number:
_________________________________________________________
Names and Dates of Birth of All Protected Persons, including Plaintiff
and minor children:
Names Dates
of Birth
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
CHECK ALL THAT APPLY:
Plaintiff or Protected Person(s) is/are:
[ ]
spouse or former spouse of Defendant
[ ]
parent of a common child with Defendant
[ ]
current or former sexual or intimate partner with Defendant
[ ]
child of Plaintiff
[ ]
child of Defendant
[ ]
family member related by blood (consanguinity) to Defendant
[ ]
sibling (person who shares biological parenthood) of Defendant
[ ]
current or former cohabitant (person who lives with) Defendant
Defendant was served in accordance with Pa.R.C.P
1930.4 and provided notice of the time, date and location of the hearing
scheduled in this matter.
AND NOW, this _______________ day of _______________, 20___, the court
having jurisdiction over the parties and subject-matter, it is ORDERED,
ADJUDGED AND DECREED as follows:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
[ ] Plaintiff’s
request for a final protection order is denied.
OR
[ ] Plaintiff’s
request for final protection order is granted.
[ ] 1. Defendant
shall not abuse, stalk, harass, threaten or attempt to use physical force that
would
reasonably be expected to cause bodily injury to the
Plaintiff or any other protected person in any place where they might be found.
[ ]
2. Defendant is completely
evicted and excluded from the residence at (NONCONFIDENTIAL
ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other
residence where Plaintiff or any other person protected under this Order may
live. Exclusive possession of the
residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the
premises of Plaintiff or any other person protected under this Order.
[ ] On __________________________, 20____, at _________________a.m./p.m.,
Defendant may enter the residence to retrieve his/her
clothing and other personal effects, provided that Defendant is in the company
of a law enforcement officer when such retrieval is made and
__________________________________________________________________.
[ ] 3. Except
as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY
CONTACT with the Plaintiff, or any other person protected under
this Order, at any location, including but not limited to any contact at the
Plaintiff’s school, business, or place of employment. Defendant is specifically ordered to stay
away from the following locations for the duration of this Order:
_____________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
[ ]
4. Except as provided in
Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or
any other person protected under this Order, by telephone
or by any other means, including through third persons.
[ ]
5. Custody of the minor
children, ________________________________________________
___________________________________________________________________
shall be as follows: (state to whom primary physical custody awarded; state
terms of partial custody or visitation, if
any.)____________________________________________________________
__________________________________________________________________________
_________________________________________________________________________ .
[ ]
6. Defendant shall immediately
turn over to the Sheriff’s Office, or to a local law enforcement
agency for delivery to the Sheriff’s Office, the
following weapons used or threatened to be used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
________
_________________________________________________________________________
_________________________________________________________________________.
[ ]
7. Defendant is prohibited
from possessing, transferring or acquiring any other weapons for the
duration of this Order.
Any weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be
returned until further order of court.
[ ] 8. The following additional relief is granted
as authorized by § 6108 of the Act:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.
[ ] 9. Defendant
is directed to pay temporary support for: (insert the names of the persons for
whom
support is to be
paid)__________________________________________________________
as follows: (insert amount, frequency and other terms and
conditions of the support order)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
This order for support shall remain in effect until a
final order is entered by this Court.
However, this order shall lapse automatically if the Plaintiff does not
file a complaint for support with the Domestic Relations Section of the court
within two weeks of the date of this order.
The amount of this temporary order does not necessarily reflect the
Defendant’s correct support obligation, which shall be determined in accordance
with the guidelines at the support hearing.
Any adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
[ ] 10. The costs of this action are waived as to
the Plaintiff and imposed on Defendant.
[ ] 11. Defendant
shall pay $ _______________________ to Plaintiff as compensation for
plaintiff’s
out-of-pocket losses, which are as follows:
OR
[ ]
Plaintiff is granted leave
to present a petition, with appropriate notice to Defendant, to
____________________________________________________________
[insert the name of the Judge or Court to which the petition should be
presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and estimates
of repair, and an order scheduling a hearing.
No fee shall be required by the Prothonotary’s
Office for the filing of this petition.
[ ] 12. THIS ORDER SUPERCEDES [ ] ANY PRIOR PFA ORDER AND
[ ] ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
13.
All provisions of
this order shall expire in eighteen months, on ________________, 20_____.
NOTICE TO
DEFENDANT
VIOLATION
OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL
CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALITIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND
THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C.
§ 2265. IF YOU TRAVEL OUTSIDE OF THE
STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S.C. §§ 2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN
IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING
FIREARMS OR AMMUNITION. 18 U.S.C §
922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiff’s
residence OR any location where a violation of this order occurs OR where the
defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1
through 7 of this order may be without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113.
Subsequent to an arrest, the police
officer shall seize all weapons used or threatened to be used during the
violation of the protection order or during prior incidents of abuse. The [insert appropriate name or title]
______________________________________ shall maintain possession of the weapons
until further order of this Court.
When the defendant is placed under
arrest for violation of the order, the defendant shall be taken to the
appropriate authority or authorities before whom defendant is to be
arraigned. A “Complaint for Indirect
Criminal Contempt” shall then be completed and signed by the police officer OR
the plaintiff. Plaintiff’s presence and
signature are not required to file this complaint.
If sufficient grounds for violation
of this order are alleged, the defendant shall be arraigned, bond set and both
parties given notice of the date of hearing.
BY
THE COURT:
_________________________________________
Judge
_________________________________________
Date
IN THE COURT
OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
_________________________________________ :
Plaintiff :
AND/OR (please circle one, if applicable) ON BEHALF OF :
:
_________________________________________ : NO.
:
vs. :
:
_________________________________________ :
Defendant
PETITION TO AMEND PROTECTION FROM ABUSE ORDER
AND NOW COMES, Petitioner,
___________________________________________________, Plaintiff in the above
referenced matter and respectfully offers the following:
- The Petitioner mostly has a Protection from Abuse
order, issued against the above-noted defendant on
___________________________________________, entered under the above
referenced docket number.
- A copy of the existing Protection from Abuse order is
attached hereto.
- Petitioner seeks to modify his/her Protection from
Abuse order in the following manner:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
- Petitioner alleges that the following act(s) merit
the Court’s modification/withdrawal of the existing Protection from Abuse
order:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Wherefore, the
Petitioner respectfully requests the Court to set a date for the hearing on the
merits of the instant petition.
Respectfully
submitted,
____________________________________ _______________________________________________________
Dated Plaintiff’s
Signature
ORDER OF HEARING
The Plaintiff(s) and
Defendant(s) is/are ordered to attend a hearing on the Petition to amend the
Protection from Abuse Order scheduled below:
____________________,
______, 20_____ at ______________ AM/PM, in Courtroom #____, Carbon County
Courthouse.
Month Day Year
Time
Dated _________________________ BY
THE COURT
___________________________________________________
J.
RULE 1910.10 –
ALTERNATE HEARING PROCEDURES
Pursuant to Pennsylvania Rule of Civil Procedure 1910.10,
the Carbon County Court of Common Pleas hereby adopts the alternative hearing
procedures set forth in Pennsylvania Rule of Civil Procedure 1910.12.
Effective 7/1/06
RULE 1910.12 –
OFFICE CONFERENCE. HEARING. RECORD.
EXCEPTIONS. ORDER
When Exceptions are filed to the report of a Hearing
Officer, the party filing the exceptions shall, within ten (10) days of the
filing of the Hearing Officer’s report, arrange for the transcribing of the testimony
of the hearing before the Hearing Officer in accordance with Carbon County
Local Rule of Judicial Administration 5000.5 for filing with the Court. Said party shall pay the stenographer for the
transcript in accordance with Carbon County Local Rule of Judicial
Administration 5000.7. Absent good cause
shown, failure of the excepting party to arrange for the transcript and pay the
cost thereof, as provided herein, shall result in the dismissal of said Exceptions
by the Court upon motion.
Effective
7/1/06
RULE 1915.3 –
COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
The person to be named in the notice
shall be pursuant to 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.
Effective 7/26/04
“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 and
visitation rights 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; Father's
Day and Father's
Birthday shall be with the Father.
(f) Child(ren)'s
Birthday(s): ;
(g)
Vacation/Summers: ;
(h)
Other times: .
7. All other periods of partial custody by
either party shall be by mutual agreement of both
parties after reasonable request, and such agreement shall not be unreasonably
withheld.
8. 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.
9. Each party agrees to give to the other a
general itinerary of all vacations they plan to take
with the child(ren).
10. 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.
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.
Weekend and evening
visitation 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 shall be consulted as to his or her schedule.
B. Visitation
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 him
or her both physically and mentally for the visitation with the other party and
have him or her available at the time and place mutually agreed upon.
E. If either
party or the child(ren) has plans which conflict with
a scheduled visit and wish to adjust such visitation, 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 a visit under the influence of alcohol or drugs, the visit 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.
Effective 7/26/04
RULE 1915.4 - PROMPT
DISPOSITION OF CUSTODY CASES.
1. Upon the filing of any claim or modification
petition for custody, partial custody or visitation, the moving party shall
deposit with the Prothonotary 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 of fact and law and to explore the
possibility of a negotiated settlement.
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), listing the date and time of the hearing.
If the hearing is to be held before a Judge, the Interim Custody Order shall
direct the parties to file a Pre-Trial Memorandum at least three (3) days prior
to the hearing, which shall contain:
a.
A clear concise statement of the principal custody issues to be resolved
by the Court;
b.
Principles of law to be applied;
c. List of witnesses to be called and exhibits;
d. Listing of any evidentiary disputes; and
Legal Argument.
e. Proposed Findings of Fact
f. Proposed
Custody Order
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.
Effective 7/26/04
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.
Effective 7/26/04
“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.
The
attached “Appendix to Order” is incorporated herein and shall be part of this
Order.
BY
THE COURT:
J.
Effective 7/26/04
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 SHARED
CUSTODY ORDER OF COURT
AND
NOW, this day of , 20 , the following agreement is entered into upon
stipulation of the parties:
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 and
visitation rights 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; Father's Day and
Father's Birthday
shall be with the Father.
(f) Child(ren)'s
Birthday(s):
;
(g) Vacation/Summers: ;
(h) Other times:
.
7. All other periods of partial custody by
either party shall be by mutual agreement of
both parties after reasonable request, and such agreement shall not be
unreasonably withheld.
8. 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 children) is/are in the custody of the other
party.
9. Each party agrees to give to the other
a general itinerary of all vacations they plan to
take with the child(ren).
10. 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.
11. It is the intention of the parties that
this agreement will be adopted into an Order of
Court.
12. 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.
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.
