Updated 8/13/19
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Effective date of amendment is
noted at the end of the rule.
RULE 51 Title and Citation of Rules
RULE 106 Continuances
in Summary and Court Cases
RULE 205.2(a) Filing
of Legal Papers with the Prothonotary
RULE 205.2(b) Filing
Legal Papers with the Prothonotary
RULE 206.4(c) Rule
to Show Cause. Alternative Procedures
RULE 208.2(c) Motion. Form. Content.
RULE 208.2(d) Motion. Form. Content.
RULE 208.2(e) Motion. Form. Content.
RULE 208.3(a) Alternative
Procedures.
RULE 212.1 Civil Actions to be Tried
by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
RULE 212.3 Pre-Trial Conference
RULE 216 Grounds for
Continuance
RULE 430 Service Pursuant to
Special Order of Court Publication.
RULE 1012 Entry of Appearance.
Withdrawal of Appearance. Notice.
RULE 1018.1 Notice
to Defend Form
RULE 1028(c) Preliminary Objections
RULE 1034(a) Motion for Judgment on the
Pleadings
RULE 1035.2(a) Motion
for Summary Judgment
RULE 1302 List of Arbitrators. Appointment to Board. Oath
RULE 1361 Form of Notice to
Plead
RULE 1501 Conformity to Civil
Action
RULE 1530 Special Relief. Accounting.
RULE 1905 Forms for Use in PFA
Actions. Notice and Hearing. Petition. Temporary Protection Order. Final
Protection Order.
RULE 1910.10 Alternate Hearing Procedures
RULE 1910.12 Office Conference. Hearing. Record. Exceptions. Order.
RULE 1915.3 Commencement Of Action. Complaint. Order.
RULE 1915.4 Prompt Disposition Of Custody Cases. Disposition by
Hearing Officer
RULE 1915.16(a) Form of Order and Notice. Joinder. Intervention.
RULE
1915.16(b) Order for Notice. Right to Intervene.
RULE 1920.51 Hearing by the Court. Appointment of
Master. Notice of Hearing.
RULE 2974.2 Notice of Judgment and
Execution Required by Rule 2973.2. Form.
RULE 2974.3 Notice of Judgment and
Execution Required by Rule 2973.3. Form.
RULE 3252 Writ of Execution. Money Judgments.
RULE 3256 Praecipe for Writ. Mortgage Foreclosure.
RULE 4005 Written Interrogatories
to a Party.
RULE 4014 Request for Admission
RULE L2039 Compromise, Settlement,
Discontinuance and Distribution
RULE L2206 Settlement Compromise,
Discontinuance and Judgment
RULE 51 – TITLE AND CITATION OF RULES.
All
local civil procedural rules adopted by the Court of Common Pleas of Carbon
County under the authority of Pa.R.C.P.239 shall be known as the Carbon County
Local Rules of Civil Procedure and shall be cited as “CARB.R.C.P. _______.”
Effective 7/26/04
(1) When a bond with approved security is required, the surety
shall be a certified surety company in accordance with a list thereof maintained
in the Prothonotary's Office, or in lieu thereof, at least one responsible
surety or a deposit of cash.
(2) In all cases the form of the bond and the surety thereon
shall be subject to review by the Court upon the filing of a motion stating specifically
the objections thereto, together with notice to the adverse party and/or
attorney in accordance with CARB.R.C.P.208.3(a).
Effective 7/26/04
RULE
106 – CONTINUANCES IN SUMMARY AND COURT CASES
All
Motions for Continuance shall be filed at least three (3) working days before
the scheduled event.
Any
motion filed that is not in compliance with this rule shall be entertained only
if the opportunity to timely file it did not exist previously or the interest
of justice requires it.
Effective 7/1/05
RULE 205.2 (a) - FILING OF LEGAL PAPERS WITH THE
PROTHONOTARY.
All papers filed in the
Prothonotary's Office shall conform to the following requirements:
1 The use of backers and/or toppers is
prohibited.
2.
Original pleadings shall
be held together by paper clip or expandable spring-loaded clip.
3.
Original pleadings
shall not be highlighted by the use of colored markers. Highlighting of text can be done on the
computer by bolding or using a different shape and size of font.
4.
All documents shall
be single-sided, double spaced and the font size shall be no less than 12
points.
5.
Paper size shall not
exceed 8 ½” x 11” and shall be on good quality paper.
6.
Attachments smaller
than 8 ½” x 11” paper shall be attached to regular size paper by using scotch
tape.
7.
All exhibits shall
be identified and marked on the bottom center of each exhibit. No exhibit tabs shall be allowed.
8.
Pages must be
consecutively numbered beginning with page 2 and said number shall appear in
the upper right hand corner of the pleading.
9.
All copies attached
to the pleadings must be clear and legible.
10.
Any documents
presented for filing referring to social security numbers, driver's
license/vehicle identification numbers, and any financial account numbers shall
list only the last four digits. Birth
dates shall be limited to the year of birth only. When reference is made to a minor child
(i.e., individuals less than 18 years of age), the names shall not be given,
only their initials. The complete social
security numbers, account numbers, dates of birth and full names of minors
shall be submitted on the Court's “CONFIDENTIAL
INFORMATION FORM” attached hereto. The Prothonotary's Office shall record
the Confidential Information in the Court Computer Database and, upon verification
of proper entry, shall shred the form containing the Confidential
Information. This information shall
remain confidential in that it will only be visible to internal personnel and
cannot be accessed through the public access programs.
11.
The parties and
their attorneys are solely responsible for complying with the provisions of
number 10 above. The court staff is not
responsible for reviewing any document filed as a public record for compliance
with number 10 above. A party's or
attorney's failure to comply with the provisions shall not affect access to
case records that are otherwise accessible.
Effective 7/26/04
Revision effective 5/1/14
COMMONWEALTH
OF PENNSYLVANIA Confidential
Information Form
Carbon County Court of Common Pleas Carbon County Courthouse P.O. Box 131 Jim Thorpe, PA 18229-0131 Telephone: (570)
325-8556
COUNTY OF CARBON
______________________________________
VS.
______________________________________
Docket
No. ____________________________
CONFIDENTIAL INFORMATION
|
|
Name:
|
Social Security Number
|
Financial Information/Driver’s
License Number/VIN
|
|
Name:
|
Social Security Number
|
Financial Information/Driver’s
License Number/VIN
|
|
Name:
|
Social Security Number
|
Financial Information/Driver’s
License Number/VIN
|
|
Name:
|
Minor Child(ren) Names/Dates
of Birth
|
|
|
Name: _________________________________ Signature:
______________________________________
Attorney #: _____________________________ Telephone: __ (___) ______________________________
Address: __________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
RULE
205.2(b) - FILING LEGAL PAPERS WITH THE PROTHONOTARY.
Pursuant
to this rule and in addition to the mandatory Supreme Court Civil Cover Sheet,
a Civil Cover Sheet marked Form “A”, shall be attached to any document
commencing an action (whether the action is commenced by Complaint, Writ of
Summons, Notice of Appeal, or by Petition) in the Prothonotary's office.
A Motion
Cover Sheet, marked Form “B”, shall be attached to any motion or petition being
filed.
Effective 7/26/04
Revision effective 7/1/10
Court of
Common Pleas of Carbon County
Civil
Cover Sheet
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For Prothonotary Use only (Docket Number)
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PLAINTIFF’S
NAME: Enter names (last, first, middle initial)
of plaintiff. If the plaintiff is a government agency or corporation, use the
full name of the agency or corporation. In the event there are more than two
plaintiffs, list the additional parties on a separate sheet of paper. Husband
and wife should be listed as separate parties.
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DEFENDANT’S
NAME: Enter names (last, first, middle initial)
of defendant. If the defendant is a
government agency or corporation, use the full name of the agency or
corporation. In the event there are more than two defendants, list the
additional parties on a separate sheet of paper. Husband and wife should be
listed as separate parties.
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PLANTIFF’S
ADDRESS & TELEPHONE NUMBER: Enter the address and telephone numbers of the parties at the
time of filing of the action. If any party is a corporation, enter the address
and telephone number of the registered office of the corporation.
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DEFENDANT’S ADDRESS AND
TELEPHONE NUMBER: Enter the address and telephone numbers of the parties at the time of filing
of the action. If any party is a corporation, enter the address and telephone
number of the registered office of the corporation.
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ADDITIONAL PLAINTIFF’S NAME:
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ADDITIONAL DEFENDANT’S NAME:
|
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ADDITIONAL PLANTIFF’S ADDRESS/
TELEPHONE NO:
|
ADDITIONAL DEFENDANT’S ADDRESS
/TELEPHONE NO:
|
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TOTAL NUMBER OF PLAINTIFFS: Indicate the total number of plaintiffs
and the total number of defendants in the action.
|
TOTAL NUMBER OF DEFENDANTS: Indicate the total number of plaintiffs and
the total number of defendants in the action.
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STATUTORY BASIS
FOR CAUSE OF ACTION If the action is commenced pursuant to
statutory authority ("Petition Action"), the specific statute must
be cited
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RELATED
PENDING CASES: (All previously filed
related cases must be identified by docket number. Indicated whether they
have been consolidated by Court Order or Stipulation.)
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TO THE PROTHONOTARY:
Kindly
enter my appearance on behalf of Plaintiff/Petitioner/Appellant. Papers may
be served at the address set forth below.
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NAME OF
PLAINTIFF’S/APPELLANT’S ATTORNEY: Unrepresented filers must provide their
name, address, telephone number and signature.
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ADDRESS
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PHONE
NUMBER
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SUPREME COURT IDENTIFICATION NUMBER
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E-MAIL
ADDRESS:
_________________________________________________________________
FAX NO.
(OPTIONAL – FOR SERVICE): Providing the fax number shall authorize the service of legal papers
by facsimile transmission. See
Pa.R.CP.440(d)
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DATE: _____________________________ SIGNATURE: _____________________________________________________
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Form A
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.
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
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
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;
(d)
An argument; and
(e)
A short conclusion
stating the precise relief requested.
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 System if
reported therein, otherwise to the official reports of the applicable state
appellate courts, if reported therein.
4.
Briefs shall refer
specifically, by page number or other appropriate designation, to any portion
of the record relied upon in support of the argument.
5.
Copies of any state
or federal case relied upon not published in the official reports of that court
shall be attached as Exhibits to the Brief.
6.
Counsel for the
moving party shall in all matters file an original and two (2) copies of a
supporting brief in the Office of the Prothonotary and forthwith serve one (1)
copy of the 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, within thirty (30) days of service of
the motion 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.
Effective 7/26/04
Revision effective 5/1/13
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
RULE
212.3 - PRE-TRIAL CONFERENCE
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 216 - GROUNDS
FOR CONTINUANCE
All
Motions for Continuance shall be filed at least three (3) working days before the
scheduled event.
When
a Motion for Continuance is requested because of an attachment of another
Court, the Attorney shall provide a copy of said attachment with the Motion for
Continuance.
Any
motion filed that is not in compliance with this rule shall be entertained only
if the opportunity to timely file it did not exist previously or the interest
of justice requires it.
Effective 12/1/12
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
RULE 1012 – ENTRY OF
APPEARANCE. WITHDRAWAL OF APPEARANCE.
NOTICE.
Effective
12/16/13
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ENTRY OF APPEARANCE
In accordance with Carbon County Rule of Civil
Procedure CARB.R.C.P. 1012 governing a Self-Represented Party:
I ____________________________________________,
Plaintiff or Defendant (circle one)
choose to represent myself and provide the following
address where pleadings and other legal papers can be served and a telephone
number through which I can be contacted. This Entry of Appearance shall remain in full force and effect unless
superseded with an Entry of Appearance by an attorney.
___________________________________ ________________________________
Street Address Telephone Number
___________________________________ ________________________________
City, State, Zip
Code Facsimile
Number (Governed by PA Rule of Civil Procedure 440 (d))
In accordance with Carbon County Rule of Civil
Procedure 1012, a self-represented party is under a continuing obligation to
provide current contact information to the court, to other self-represented
parties, and to attorneys of record.
__________________________________ ___________________________________
Signature Date
Effective 12/16/13
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
(CIVIL ACTION/DOMESTIC RELATIONS)
:
Plaintiff :
:
vs. : NO.
:
:
Defendant :
PRAECIPE FOR ENTRY OF LIMITED APPEARANCE
To the Prothonotary:
Kindly enter my Limited Appearance for
_________________________________ (Plaintiff’s/Defendant’s Name), the
Plaintiff/Defendant in the above-captioned matter.
This Appearance is limited to providing representation on
behalf of this party at the Custody Conference/Support Conference/Support
Hearing.
______________________________________
Name
of Attorney for (Plaintiff/Defendant)
_____________________________________
Firm
______________________________________
Address
______________________________________
City,
State, Zip
______________________________________
Telephone
Number
_____________________________________
Supreme
Court ID Number
Effective 12/1/12
Exhibit “A”
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
(CIVIL ACTION/DOMESTIC RELATIONS)
:
Plaintiff :
:
vs. : NO.
:
:
Defendant :
PRAECIPE FOR WITHDRAWAL OF LIMITED APPEARANCE
To the Prothonotary:
Kindly withdraw my Limited Appearance for
______________________________ (Plaintiff’s/Defendant’s Name), the
Plaintiff/Defendant in the above-captioned matter.
Withdrawal of this Limited Appearance is permitted
pursuant to Carbon County Local Rule of Civil Procedure CARB.R.C.P. 1012. All future notices should be sent directly to
(Plaintiff’s/Defendant’s Name), the Plaintiff/Defendant, at ___________________________________________
(set forth last-known address for this party).
______________________________________
Name
of Attorney for (Plaintiff/Defendant)
_____________________________________
Firm
______________________________________
Address
______________________________________
City,
State, Zip
______________________________________
Telephone
Number
_____________________________________
Supreme
Court ID Number
Effective 12/1/12
Exhibit
“B”
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
101 West Broad Street
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Bar Association Lawyer Referral
73 W. Broadway
Jim Thorpe, PA 18229
Phone 1-610-379-4950
Fax (610) 379-4952
Every Notice to Defend shall be prepared in English and Spanish. Below is the Spanish version of the Notice to Defend.
AVISO
Le ban
demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha
de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona
o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a
las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte
tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion.
Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con
todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
North Penn Legal Services
101 West Broad Street
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Bar Association Lawyer Referral
73 W. Broadway
Jim Thorpe, PA 18229
Phone 1-610-379-4950
Fax (610) 379-4952
Effective 7/26/04
Revision effective 3/26/20
Updated 5/5/23
RULE 1028(c) - PRELIMINARY
OBJECTIONS
1
A proposed order
shall be attached to all preliminary objections.
2
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.
3
The adverse party
shall file an answer when endorsed with a Notice to Plead.
4
If an amended pleading
is not filed within twenty (20) days of service of the preliminary objections,
the matter shall be decided on briefs unless the assigned Judge requests that
argument be scheduled. If a party
desires argument, a Praecipe for Argument shall accompany the motion or be
filed by the respondent within twenty (20) days of service of the preliminary
objections. A respondent briefing schedule
will be issued by the Court contemporaneous with the scheduling of argument, if
so ordered by the Judge. If the matter
is to be decided on briefs, a respondent briefing schedule will be issued.
5
If the Preliminary
Objections raise issues of fact not of record, evidence by way of depositions
or otherwise shall be filed of record to enable the objections to be properly
decided.
Effective 7/26/04
Revision effective 4/1/16
RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
1
A party moving for
judgment on the pleadings shall simultaneously file with the motion a proposed
order and supporting brief. 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
A response shall be
filed within twenty (20) days after service of the motion.
3
If a party desires
argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion
without oral argument.
4
A respondent
briefing schedule will be issued by the Court contemporaneous with the
scheduling of any argument ordered by the Judge. If the matter is to be decided on briefs, a
respondent briefing schedule will be issued.
5
A party who fails to
respond to the motion may be deemed to have no opposition to its grant.
6
A party who fails to file a brief shall not be permitted to argue.
Effective 7/26/04
Revision effective 4/1/16
RULE
1035.2(a) – MOTION FOR
SUMMARY JUDGMENT
1
A party moving for summary judgment shall simultaneously file with the
motion a proposed order and supporting brief. 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 response within thirty (30)
days of service of the motion, together with a certificate of service
evidencing service in accordance with number one above. Service shall be required on the District
Court Administrator. A party who fails to respond to the motion shall be deemed
to be unopposed to the granting of the motion without contest.
3
Upon service of the motion and response on the District Court
Administrator, the matter shall be decided on briefs unless the assigned Judge orders
that argument be scheduled. If a party
desires argument, a Praecipe for Argument shall accompany the motion or
response. However, the Court may dispose
of any motion without oral argument.
4
A respondent briefing schedule will be issued by the Court
contemporaneous with the scheduling of any argument ordered by the Judge or
requested by the filing of the Praecipe for Argument. If the matter is to be decided on briefs, a
respondent briefing schedule will be issued.
5
A party who fails to file a brief shall not be permitted to argue.
Effective 7/26/04
Revision effective 4/1/16
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
RULE 1302 - LIST OF ARBITRATORS. APPOINTMENT TO BOARD. OATH.
Any attorney who is actively engaged
in the general practice of law primarily in
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
___________________________________________ _______________________________
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/self-represented party must notify all other attorneys/self-represented
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 payment of that panel member's current arbitration fee, which is currently
set at $150.00, said payment to be made by the defaulting party to the
Prothonotary of Carbon County. Any
continuances requested within the seven (7) days of the scheduled Arbitration
hearing shall require the personal appearance of the attorney/self-represented
party before the Judge to explain the extenuating circumstances necessitating
the late filing.
Except
as qualified by the next sentence, 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 by Court
Administration. An arbitrator who is
unable to attend but for whom another member of the arbitrator's firm is able to
attend should notify Court Administration no less than three (3) days before
the arbitration hearing if an attorney within the same firm is going to appear
for the Arbitration in place of the appointed arbitrator.
If
a case is settled less than three (3) days before the Arbitration hearing, one
of the attorneys/self-represented parties must appear before the Board of
Arbitrators and have an Award entered by agreement. If the case is discontinued less than three
(3) days before the arbitration hearing, one of the attorneys/self-represented
parties must appear before the Board of Arbitrators and provide a copy of the
filed Praecipe to Discontinue. If the
case is settled three (3) days or more before the Arbitration hearing,
Plaintiff’s attorney/Plaintiff must file at least three (3) days prior to the
scheduled Arbitration, a praecipe to strike the case from the arbitration list
because the case is settled and must notify all other
attorneys/self-represented parties and the panel members. If the case is discontinued three (3) or more
days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file
at least three (3) days prior to the scheduled Arbitration a Praecipe to Discontinue
and provide a copy of the filed Praecipe to Discontinue to all other
attorneys/self-represented parties and the panel members. In the event counsel/self-represented party
fails to appear and advise the Board of the settlement award or discontinuance,
or to provide such notice or copy, and a panel member appears, the defaulting
party shall be responsible for payment of that panel member's current
arbitration fee, which is currently set at $150.00, said payment to be made by
the defaulting party to the Prothonotary of Carbon County.
Effective 7/26/04
Revision effective 1/1/15
RULE 1361 – FORM OF NOTICE TO PLEAD
As
required by Pa.R.C.P. 1361, each Notice to Plead shall be prepared in English
and Spanish. Below is the Spanish
version of the Notice to Plead.
NOTIFICACION PARA HACER UN
ALEGATO DE DEFENSA
A:
_______________________________
(Nombre
de la parte contraria)
Por este medio se le notifica
que tiene que presentar una respuesta por escrito al documento adjunto dentro
de veinte dias (20) a partir de la fecha en que fue notificado del mismo o de
lo contrario se dispondrá un fallo en su contra.
_______________________________
(Parte
que asienta el documento o el abogado que la representa)
Effective 3/1/15
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
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)
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)
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.
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.
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
First Middle Last Suffix
(Jr, Sr,)
Defendant’s
Alias: ______________________________________________________________________ _
Defendant’s
Sex: Male / Female Home Phone: __________________________ _____
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
AND NOW COMES, Petitioner,
___________________________________________________, Plaintiff in the above
referenced matter and respectfully offers the following:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
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 simultaneously arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests.
Absent good cause shown, failure of the Excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, shall result in the dismissal of said Exceptions by the Court.
Effective
7/1/06
Revision effective
5/11/20
RULE 1915.3 –
COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
The
person to be designated in the notice to defend as the person from whom legal
services can be obtained shall be the same as provided for in
CARB.R.C.P.1018.1.
A
proposed order substantially in the same form as Form “A” following this rule
shall be attached to the complaint or petition.
Any
party to a custody action, who is incarcerated and cannot attend any scheduled
proceeding and wishes to participate by electronic means, shall request
permission from Court Administration seven (7) days before the scheduled
event. Said party shall be responsible for
making the arrangements with Court Administration and the Warden of said
facility where the party is incarcerated.
Effective 7/26/04
Revision effective 10/1/14
"FORM A"
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
____________________________________, :
Plaintiff :
:
vs. : NO.
:
____________________________________, :
Defendant :
_____________________________________ - Counsel
for Plaintiff
_____________________________________ - Counsel
for Defendant
ORDER OF COURT
AND NOW this day of , 20 , it is hereby
ORDERED and DECREED as follows:
1. This Order of Court shall govern the
custodial situation of the following children:
________________________________________________________________________
________________________________________________________________________
2.
In accordance with
the statutory laws of this Commonwealth, each party shall be provided all
access to the medical, dental, religious and school records of the child(ren)
involved. Absent an emergency situation,
each party shall be informed in regard to the medical and dental needs of the
child(ren) involved.
3.
Jurisdiction of the
child(ren) and this matter shall remain with the Court of Common Pleas of
Carbon County, Pennsylvania, unless or until jurisdiction would change under
the Uniform Child Custody Jurisdiction Act.
4.
The welfare of the
child(ren) shall be the primary consideration of the parties in any application
of the terms of this Agreement. The
parties shall exert every reasonable effort to foster a feeling of affection
between the child(ren) of the other party. Neither party shall do anything to estrange the child(ren) from the
other party, to injure the opinion of the child(ren) as to the other party, or
to hamper the free and natural development of the child(ren)'s love and respect
of the other party.
5.
Primary physical
custody of the child(ren) shall be as follows:
__________________________________________________________
6.
The
Plaintiff/Defendant, Father/Mother, shall have partial physical
custody/supervised physical custody in accordance with the following schedule:
(a) During the week:
______________________________________________
(b) Weekends:
___________________________________________________;
(c) Major Holidays:
_______________________________________________;
(d) Minor Holidays:
_______________________________________________;
(e)
Mother's Day and
Mother's Birthday shall be with the Mother;
(f)
Father's Day and
Father's Birthday shall be with the Father.
(g)
Child(ren)'s
Birthday(s):__________________________________________;
(h)
Vacation/Summers:_____________________________________________;
(i)
Other times:
___________________________________________________.
7. All other periods of partial physical custody/supervised
physical custody shall be by mutual agreement of both parties after reasonable
request, and such agreement shall not be unreasonable withheld.
8. The
retrieving party shall provide transportation unless otherwise agreed to by the
parties as follows: _____________________________________________________
_________________________________________________________________________
_________________________________________________________________________.
9. Each
party agrees to keep the other advised of their current residential address and
telephone number. Each party shall be
entitled to speak to the child(ren) by telephone at reasonable times and
intervals when the child(ren) is/are in the custody of the other party.
10. Each party
agrees to give to the other a general itinerary of all vacations they plan to
take with the child(ren).
11. Each party
shall endeavor to give at least twenty-four (24) hours prior notice to the other
in the event that it will not be possible to exercise any of the rights herein
identified.
No party may make a change in the residence
of any child which significantly impairs the ability of the other party to
exercise custodial rights without first complying with all of the applicable
provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation.
The
attached "Appendix to Order" is incorporated herein and shall be part
of this Order.
BY
THE COURT:
____________________________________
J.
APPENDIX TO ORDER
Certain rules of conduct generally applicable
to custody matters are set forth below and are binding on both parties, the
breach of which could become the subject of contempt proceedings before this
Court, or could constitute grounds for amendment of our order. If these general rules conflict with the
specific requirements of our order, the order shall prevail.
1.
Neither party will undertake nor permit in
his or her presence the poisoning of the minor child's mind against the other
party by conversation which explicitly or inferentially derides, ridicules,
condemns, or in any manner derogates the other party.
2.
The parties shall not conduct arguments or
heated conversations when they are together in the presence of their
child(ren).
3.
Neither party will question the child(ren) as
to the personal lives of the other parent except insofar as necessary to insure
the personal safety of the child(ren). By this we mean that the child(ren) will not be used as a spy on the
other party. It is harmful to a child to
be put in the role of "spy".
4.
Neither party will make extravagant promises
to the minor child(ren) for the purposes of ingratiating himself or herself to
the minor child(ren) at the expense of the other party; further, any reasonable
promise to the child(ren) should be made with the full expectation of carrying
it out.
5.
The parties should at all times consider the child(ren)'s
best interests, and act accordingly. It
is in a child(ren)'s best interests to understand that he or she is trying
desperately to cope with the fact of his parents' separation, and needs help in
loving both parents, rather than interference of censure.
6.
The parties should remember that they cannot
teach their child(ren) moral conduct by indulging in improper conduct
themselves. Children are quick to
recognize hypocrisy, and the parent who maintains a double standard will lose
the respect of his or her child(ren).
7.
Any
period of custody shall be subject to the following rules:
A. Arrangements will be worked out beforehand between the
parties without forcing the child(ren) to make choices and run the risk of
parental displeasure. However, the
child(en) shall be consulted as to the child(ren) schedule.
B. Custodial rights should be exercised at reasonable hours and
under circumstances reasonably acceptable to the other party and to the needs
and desires of the minor child(ren).
C. If a party finds him or herself unable to keep an
appointment, he or she should give immediate notice to the other party, so as
to avoid subjecting the child(ren) to unnecessary apprehension and failure of
expectations.
D. The party having custody of the child(ren) should prepare the
child(ren) both physically and mentally for the custody with the other party
and have the child(ren) available at the time and place mutually agreed upon.
E. If either party or the child(ren) has plans which conflict
with a scheduled period of custody and wish to adjust such period, the parties
should make arrangements for an adjustment acceptable to the schedules of
everyone involved. Predetermined
schedules are not written in stone, and both parties should be flexible for the
sake of the child(ren).
F. If a party shows up for their partial physical
custody/supervised physical custody under the influence of alcohol or drugs,
the period of partial physical custody/supervised physical custody may be
considered forfeited on those grounds alone.
8.
During the time that the child(ren) is/are
living with a party, that party has the responsibility of imposing and
enforcing the rules for day-to-day living. However, unless otherwise ordered, both parents should consult with one
another on the major decisions affecting the child(ren)'s life, such as
education, religious training, medical treatment, and so forth.
Effective 7/26/04
Revision effective 10/1/14
RULE 1915.4 - PROMPT
DISPOSITION OF CUSTODY CASES. DISPOSITION BY HEARING
OFFICER
1
Upon the filing of
any claim or modification petition for custody the moving party shall deposit
with the Prothonotary in addition to the filing fee the sum of $150.00 unless
excused by the Court. If the Hearing Officer
determines at the pre-hearing conference that the custody issues are complex
and that additional sums should be deposited to cover the payment of the
Hearing Officer’s fees, the Hearing Officer shall prepare an order for the
Court directing the deposit of additional sums of money and allocating who
shall be responsible for deposit of additional funds.
2
A pre-hearing
conference shall be scheduled before a hearing officer no sooner than thirty
(30) days but no longer than forty-five (45) days after the filing of the
complaint or petition to modify. This
conference will focus on issues for resolution by the Court, any agreements of
the parties and negotiated settlement of the case.
3
If the parties agree
on a custodial arrangement, a consent order shall be entered pursuant to
CARB.R.C.P.1915.7.
4
If the parties are unable to agree, the Hearing Officer shall prepare and
forward to the Court within 10 days a recommended Interim Custody Order
established in the best interest of the child(ren). This order shall list the date and time of
the custody trial before the Court and, if requested by one of the parties or
ordered sua sponte by the Court, the date and time of the pretrial conference
before a Judge. If a pretrial conference is scheduled before
a Judge, the pretrial procedures and requirements of the pretrial statement
shall comply with Pa.R.C.P. 1915.4-4. If
a custody trial is scheduled before a Judge, the Interim Custody Order shall
direct the parties to file a Pretrial statement at least seven (7) days prior
to the trial, which shall contain:
a.
A clear concise
statement of the issues to be resolved by the Court;
b.
Unresolved discovery
matters;
c.
Name and address of
each expert whom the party intends to call at trial as a witness;
d.
Name and address of
each witness the party intends to call at trial, the relationship of that
witness to the party and a statement by the party or the party’s counsel that
he or she has communicated with each listed witness;
e.
Issues relating to
expert witnesses;
f.
List of evidentiary
disputes;
g.
List of exhibits;
h.
Any agreements of
the parties;
i.
Proposed Findings of
Fact; and
j.
Proposed Custody
Order setting forth the custody schedule requested by the party.
5. If the hearing is to be held before the Hearing
Officer, the moving party shall be responsible to secure the services and
attendance of an outside court reporter for said hearing and shall be
responsible for payment of same unless the Court places the payment
responsibility on the other party.
Effective 7/26/04
Revision effective 9/13/13
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
Revision effective 9/13/13
"FORM A"
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
____________________________________, :
Plaintiff :
:
vs. : NO.
:
____________________________________, :
Defendant :
_____________________________________ - Counsel
for Plaintiff
_____________________________________ - Counsel
for Defendant
ORDER OF COURT
AND
NOW this day of , 20 , upon review of the attached Agreement
between the parties regarding custody of the child(ren), it is hereby
ORDERED
and DECREED that said Agreement is approved and shall be incorporated into this
Order of Court as if more fully set forth herein.
No party may make a change in the residence
of any child which significantly impairs the ability of the other party to
exercise custodial rights without first complying with all of the applicable
provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation.
The attached "Appendix to Order" is
incorporated herein and shall be part of this Order.
BY
THE COURT:
____________________________________
J.
Effective 7/26/04
Revision Effective 9/13/13
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
____________________________________, :
Plaintiff :
:
vs. : NO.
:
____________________________________, :
Defendant :
____________________________________ - Counsel
for Plaintiff
____________________________________ - Counsel
for Defendant
AGREEMENT FOR ENTRY OF
CONSENT CUSTODY ORDER
AND NOW,
this day of , 20__, the following
agreement is entered into upon stipulation of the parties:
1. This Agreement and ensuing Order of
Court shall govern the custodial situation of the following children:
________________________________________________________________________
________________________________________________________________________
2. In accordance with the statutory laws
of this Commonwealth, each party shall be provided all access to the medical,
dental, religious and school records of the child(ren) involved. Absent an emergency situation, each party
shall be informed in regard to the medical and dental needs of the child(ren)
involved.
3. Jurisdiction of the child(ren) and this
matter shall remain with the Court of Common Pleas of Carbon County, Pennsylvania,
unless or until jurisdiction would change under the Uniform Child Custody
Jurisdiction Act.
4. The welfare of the child(ren) shall be
the primary consideration of the parties in any application of the terms of
this Agreement. The parties shall exert
every reasonable effort to foster a feeling of affection between the child(ren)
of the other party. Neither party shall
do anything to estrange the child(ren) from the other party, to injure the
opinion of the child(ren) as to the other party, or to hamper the free and
natural development of the child(ren)'s love and respect of the other party.
5. Primary Physical custody of the
child(ren) shall be as follows:
________________________________________________________________________
6. The Plaintiff/Defendant, Father/Mother,
shall have partial physical custody/supervised physical custody in accordance
with the following schedule:
(a) During the
week:______________________________________________;
(b) Weekends:___________________________________________________;
(c) Major
Holidays:________________________________________________;
(d) Minor
Holidays:________________________________________________;
(e) Mother's Day and Mother's Birthday shall
be with the Mother;
(f) Father's Day and Father's Birthday shall
be with the Father.
(g) Child(ren)'s
Birthday(s):_________________________________________:
(h) Vacation/Summers:____________________________________________;
(i) Other
times:_________________________________________________.
7. All other periods of partial physical
custody/supervised physical custody shall be by mutual agreement of both
parties after reasonable request, and such agreement shall not be unreasonably
withheld.
8. The retrieving party shall provide
transportation unless otherwise agreed to by the parties as follows:
__________________________________________
______________________________________________________________________
______________________________________________________________________.
9. Each party agrees to keep the other
advised of their current residential address and telephone number. Each party shall be entitled to speak to the
child(ren) by telephone at reasonable times and intervals when the child(ren)
is/are in the custody of the other party.
10. Each party agrees to give to the other a
general itinerary of all vacations they plan to take with the child(ren).
11. Each party shall endeavor to give at
least twenty-four (24) hours prior notice to the other in the event that it
will not be possible to exercise any of the rights herein identified.
12. It is the intention of the parties that
this agreement will be adopted into an Order of Court.
13. The filing fee for the stipulated order
shall be paid by the ________________(Indicate Plaintiff or Defendant) to the
Prothonotary of Carbon County simultaneous with the filing of the stipulated
order.
14. No
party may make a change in the residence of any child which significantly
impairs the ability of the other party to exercise custodial rights without
first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
__________________________________ ______________________________
WITNESS AS TO PLAINTIFF PLAINTIFF
__________________________________ ______________________________
WITNESS AS TO DEFENDANT DEFENDANT
APPENDIX TO ORDER
Certain rules of conduct
generally applicable to custody matters are set forth below and are binding on
both parties, the breach of which could become the subject of contempt
proceedings before this Court, or could constitute grounds for amendment of our
order. If these general rules conflict
with the specific requirements of our order, the order shall prevail.
1.
Neither party will
undertake nor permit in his or her presence the poisoning of the minor child's
mind against the other party by conversation which explicitly or inferentially
derides, ridicules, condemns, or in any manner derogates the other party.
2.
The parties shall not
conduct arguments or heated conversations when they are together in the
presence of their child(ren).
3.
Neither party will
question the child(ren) as to the personal lives of the other parent except
insofar as necessary to insure the personal safety of the child(ren). By this we mean that the child(ren) will not
be used as a spy on the other party. It
is harmful to a child to be put in the role of "spy".
4.
Neither party will make
extravagant promises to the minor child(ren) for the purposes of ingratiating
himself or herself to the minor child(ren) at the expense of the other party;
further, any reasonable promise to the child(ren) should be made with the full
expectation of carrying it out.
5.
The parties should at
all times consider the child(ren)'s best interests, and act accordingly. It is in a child(ren)'s best interests to
understand that he or she is trying desperately to cope with the fact of his
parents' separation, and needs help in loving both parents, rather than interference
of censure.
6.
The parties should
remember that they cannot teach their child(ren) moral conduct by indulging in
improper conduct themselves. Children
are quick to recognize hypocrisy, and the parent who maintains a double standard
will lose the respect of his or her child(ren).
7.
Any
period of custody shall be subject to the following rules:
A. Arrangements
will be worked out beforehand between the parties without forcing the
child(ren) to make choices and run the risk of parental displeasure. However, the child(ren) shall be consulted as
to the child(ren) schedule.
B. Custodial
rights should be exercised at reasonable hours and under circumstances
reasonably acceptable to the other party and to the needs and desires of the
minor child(ren).
C. If a party
finds him or herself unable to keep an appointment, he or she should give
immediate notice to the other party, so as to avoid subjecting the child(ren)
to unnecessary apprehension and failure of expectations.
D. The party
having custody of the child(ren) should prepare the child(ren) both physically
and mentally for the custody with the other party and have the child(ren)
available at the time and place mutually agreed upon.
E. If either
party or the child(ren) has plans which conflict with a scheduled period of
custody and wish to adjust such period, the parties should make arrangements
for an adjustment acceptable to the schedules of everyone involved. Predetermined schedules are not written in
stone, and both parties should be flexible for the sake of the child(ren).
F. If a
party shows up for their partial physical custody/supervised physical custody
under the influence of alcohol or drugs, the period of partial physical custody/supervised
physical custody may be considered forfeited on those grounds alone.
8.
During the time that the
child(ren) is/are living with a party, that party has the responsibility of
imposing and enforcing the rules for day-to-day living. However, unless otherwise ordered, both
parents should consult with one another on the major decisions affecting the
child(ren)'s life, such as education, religious training, medical treatment,
and so forth.
Effective 7/26/04
Revision effective 9/13/13
RULE 1915.16(a). FORM OF ORDER
AND NOTICE. JOINDER.
INTERVENTION.
The
order and notice joining a party in an action under Pa.R.C.P. 1915.6(a) shall
be completed in English and Spanish.
The
English and Spanish versions are attached.
ORDER AND NOTICE
A
complaint has been filed in the Court of Common Pleas of Carbon County
concerning custody of the following child(ren):
________________________________.
The
Court has learned you may have a legal interest in custody of the child(ren)
named.
A
hearing will be held in Courtroom _____ of the Court of Common Pleas, 4
Broadway, Jim Thorpe, Pennsylvania, on ____________________________(Day and
Date), at ________________ (Time), __.M. If you wish to protect any legal interest you may have or wish to
present evidence to the Court on those matters, you should appear at the place
and time and on the date above.
If
you have the child(ren) in your possession or control, you must appear and
bring them to the Courthouse with you.
If
you wish to claim a right of custody, you may file a counterclaim.
If
you fail to appear as provided by this order or to bring the child(ren), an
order for custody may be entered against you or the Court may issue a warrant
for your arrest.
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.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
AMERICANS WITH DISABILITIES
ACT OF 1990
The
Court of Common Pleas of Carbon 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 the
Office of the District Court Administrator at (570) 325-8556. All arrangements must be made at least
seventy-two (72) hours prior to any hearing or business before the court. You must attend the scheduled conference or
hearing.
BY
THE COURT:
Date: ________________________________
J.
ORDEN Y NOTIFICACION
Una
demanda ha sido asentada en el Tribunal de Causas Comunes del Condado de Carbon
conerciente a la custodia del (los) siguiente(s) menor(es):
El
tribunal se ha enterado de que usted pudiera tener un interés legal en la custodia
del (los) menor(es) nombrados. Una
audiencia tendrá lugar en la sala de tribunal _______del Tribunal del Condado
de Causas Comunes, 4 Broadway, Jim Thorpe, PA 18229 el ______(Dia y Fecha), a
las _______ (AM/PM) (hora).
Si
desea proteger cualquier derecho legal que pudiera tener o desea presentar
pruebas al Tribunal sobre estos asuntos, deberá comparecer en el lugar, a la hora y en la fecha antes indicada.
Si tiene
al (los) menor(es) en su poder y control, deberá comparecer y traerlo(s) al
Tribunal con usted.
Si desea
reclamar un derecho a custodia, usted puede asentar una contrademanda.
Si
no comparece de acuerdo a esta notificación o no trae al (los) menor(es), una
orden para custodia puediera ser asentada en su contra o el Tribunal puediera
emitir una orden de arresto en contra suya.
USTED
DEBERA LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME A LA OFICINA ALISTADA ABAJO. ESTA OFICINA PUEDE PROVEERLE
LA INFORMACION NECESARIA PARA CONTRATAR UN ABOGADO. SI USTED NO PUEDE CONTRATAR LOS SERVICIOS DE
UN ABOGADO, ESTA OFICINA PUEDE DARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN
SERVICIOS LEGALES A PERSONAS ELEGIBLES PARA UNA CUOTA REDUCIDA O GRATIS.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
ACTA DE 1990 PARA ESTADOUNIDENSES CON INCAPACIDADES
La
Ley requiere que el Tribunal de Causas Comunes del Condado de Carbon cumpla con
el Acta de 1990 para Estadounidenses con Incapacidades. Para información sobre locales accessibles y
alojamiento disponibles a individuos incapacitados que tengan diligencias ante
el tribunal, por favor comuníquese con nuestra oficina. Todos los arreglos deberán hacerse al menos
72 horas antes de cualquier audiencia o diligencia ante el tribunal.
POR
EL TRIBUNAL:
________________________________
Fecha: ___________________________
Effective 7/1/15
Revision effective 3/26/20
RULE 1915.16(b). ORDER FOR
NOTICE. RIGHT TO INTERVENE.
The
order for notice of the pendency of the action and the right to intervene required
by Pa.R.C.P. 1915.6(b) shall be completed in English and Spanish.
The
English and Spanish versions are attached.
ORDER AND
NOTICE
A
complaint has been filed in the Court of Common Pleas of Carbon County
concerning custody of the following child(ren):
________________________________.
The
Court has learned you claim custodial rights with respect to the child(ren)
named.
A
hearing will be held in Courtroom _____ of the Court of Common Pleas, 4
Broadway, Jim Thorpe, Pennsylvania, on ____________________________(Day and
Date), at ________________ (Time), __.M. If you wish to assert your claim to custodial rights with respect to the
child(ren) or wish to present evidence to the Court on those matters, you
should petition the Court, on or before the date above, for leave to intervene
in the proceedings.
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.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
AMERICANS WITH DISABILITIES
ACT OF 1990
The
Court of Common Pleas of Carbon 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 the Office of the District Court Administrator at (570)
325-8556. All arrangements must be made
at least seventy-two (72) hours prior to any hearing or business before the
court. You must attend the scheduled
conference or hearing.
BY
THE COURT:
Date: ________________________________
J.
ORDEN Y NOTIFICACION
Una
demanda ha sido asentada en el Tribunal de Causas Comunes del Condado de Carbon
concerniente a la custodia del (los) siguiente(s) menor(es):
El
tribunal se ha enterado de que usted pudiera tener un interés legal en la
custodia del (los) menor(es) nombrados. Una audiencia tendrá lugar en la sala del tribunal ________ del Tribunal
del Condado de Causas Comunes, 4 Broadway, Jim Thorpe, PA 18229 el ______(Dia y
Fecha), a las _______ (AM/PM) (hora).
Si
desea hacer valer su demanda de derechos de custodia con respecto al (los)
menor(es) o desea presentar pruebas al
Tribunal sobre estos asuntos, deberá hacer un pedimento al Tribunal a más
tardar para la fecha antes indicada, para pedir permiso para intervenir en las
diligencias judiciales.
USTED
DEBERA LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME A LA OFICINA ALISTADA ABAJO. ESTA OFICINA PUEDE PROVEERLE LA INFORMACION
NECESARIA PARA CONTRATAR UN ABOGADO. SI
USTED NO PUEDE CONTRATAR LOS SERVICIOS DE UN ABOGADO, ESTA OFICINA PUEDE DARLE
INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS ELEGIBLES
PARA UNA CUOTA REDUCIDA O GRATIS.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
ACTA DE 1990 PARA ESTADOUNIDENSES CON INCAPACIDADES
La
Ley requiere que el Tribunal de Causas Comunes del Condado de Carbon cumpla con
el Acta de 1990 para Estadounidenses con Incapacidades. Para información sobre locales accessibles y
alojamiento disponibles a individuos incapacitados que tengan diligencias ante
el tribunal, por favor comuníquese con nuestra oficina. Todos los arreglos deberán hacerse al menos
72 horas antes de cualquier audiencia o diligencia ante el tribunal.
POR
EL TRIBUNAL:
________________________________
Fecha: ___________________________
Effective 3/1/20
Revision effective 3/26/20
1. In every
divorce or annulment complaint whether pending or new, the plaintiff shall complete
Form "A" as set forth below this rule with the Social Security Number
of each party to said action as required by 23 Pa.C.S.A. 4304.1(a)(3). Said form shall not be attached to said
complaint but shall remain separate from the complaint.
a. The
Prothonotary's Office shall record the Social Security Numbers in the Court
Computer Database and, upon verification of proper entry, shall shred the form
containing the Social Security Numbers. The Social Security Numbers shall remain confidential in that they will
only be visible to internal personnel and cannot be accessed through the public
access programs.
2. The Social
Security Number Disclosure Notice shall be attached to the divorce or annulment
complaint. Said notice shall be in the
form set forth in Form "B ".
3. The person to
be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
Effective 7/26/04
Revision Effective 9/15/14
Form "A"
Docket Number of Divorce/Annulment
Case______________________________
Plaintiff Name: _____________________________________________________
Plaintiff Social Security Number:
_______________________________________
Defendant Name:
___________________________________________________
Defendant Social Security Number:
_____________________________________
Effective 7/26/04
Revision Effective 9/15/14
Form "B"
In the Court of Common Pleas of Carbon County,
Pennsylvania
Social Security Number
Disclosure Notice
In accordance with section 7(b) of the Privacy Act, you are
hereby notified that disclosure of your Social Security number is mandatory
based on Section 466(a)(13) of the Social Security Act [42 U.S.C. 666(a)(13)],
Pennsylvania Consolidated Statutes (23 Pa C.S.) §§4304.1 and 4353(a.2). Additionally, you are notified that this
information will be used solely in the divorce action.
Effective 7/26/04
Revision Effective 9/15/14
RULE 1920.51 -
HEARING BY THE COURT. APPOINTMENT OF MASTER NOTICE OF HEARING.
1. If the Master
determines during the course of the proceedings that additional sums should be
deposited for the payment of Master's fees, the Master shall request the
parties to deposit such additional sums with the Prothonotary and shall
allocate who shall be responsible for the depositing of said additional costs.
In the event the parties object to the request of the Master, the party shall
petition the Court and the Judge shall hold a hearing thereon and issue an
appropriate Order.
2. Hearings shall
be stenographically recorded. The moving
party shall be responsible to secure the services of an outside Court reporter
for said hearing and shall be responsible for payment thereof unless the Court
places the payment responsibility on the other party.
Effective 7/26/04
RULE
1920.71. FORM OF NOTICE.
The
notice required by Pa.R.C.P. 1920.12 (c) shall be completed in English and
Spanish.
The
English and Spanish versions are attached.
NOTICE TO DEFEND AND CLAIM RIGHTS
You
have been sued in court. If you wish to
defend against the claims set forth in the following pages, you must take
prompt action. You are warned that if
you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When
the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at Carbon County Courthouse, 4 Broadway, Jim Thorpe, Pennsylvania
18229.
IF
YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
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 THE 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.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
NOTIFICACION AL ACUSADO Y DERECHOS DE DEMANDA
Se
le ha demandado en el tribunal. Si desea
defenderse de las demandas delineadas en las siguientes páginas, debe tomar
acción prontamente. Se le notifica que
si no lo hace, el caso procederá sin usted y el tribunal pudiera asentar una
orden de divorcio o anulamiento en su contra. Una sentencia pudiera también ser asentada en su contra por cualquier
otra queja o demanda o desagravio requerido por el demandante en estos
documentos. Usted pudiera perder dinero
o propiedades u otros derechos importantes para usted, incluyendo la custodia o
derecho de visita de sus hijos.
Cuando
la causal de divorcio es un rompimiento absoluto del matrimonio, usted puede
solicitar consejería matrimonial. Una
lista de consejeros matrimoniales está disponible en la Oficina del
Protonotario en el Tribunal del Condado de Carbon, 4 Broadway, Jim Thorpe,
Pennsylvania 18229.
SI
USTED NO ASIENTA UNA DEMANDA POR MANUTENCION, DIVISION DE PROPIEDADES,
HONORARIOS PROFESIONALES DEL ABOGADO O GASTOS ANTES QUE SE OTORGUE UN DIVORCIO
O ANULACION, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ESTOS
GASTOS.
USTED
DEBERA LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME A
LA OFICINA ALISTADA ABAJO. ESTA OFICINA PUEDE PROVEERLE LA INFORMACION
NECESARIA PARA CONTRATAR UN ABOGADO. SI
USTED NO PUEDE CONTRATAR LOS SERVICIOS DE UN ABOGADO, ESTA OFICINA PUEDE DARLE
INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS ELEGIBLES
PARA UNA CUOTA REDUCIDA O GRATIS.
North Penn Legal Services
101 West Broad Street, Suite 713
Hazleton, PA 18201
Phone 1-877-953-4250
Fax (570) 455-3625
or
Carbon County Lawyer Referral
811 Blakeslee Blvd. Dr. East, Suite 130
Lehighton, PA 18235
Phone 1-610-379-4950
Fax (610) 379-4952
Effective 7/1/15
Revision effective 10/14/15
RULE 2102(b) – STYLE OF ACTION.
(1) In all cases where an appeal is taken from a real estate
assessment fixed by the Carbon County Board of Assessment and Appeals, the
petition for allowance of appeal shall have attached to it a photocopy of the
appealed from order of the said board and a proposed preliminary decree which
shall provide:
(A) The appeal is allowed.
(B) Within 5 days from the date of the preliminary decree,
appellant shall serve a copy of the petition and preliminary decree upon the
said board, the governing body of the municipality, and the board of school
directors of the school district in which the real estate is situate and upon
the property owner, if he is not the appellant. Said service shall be made by either personal service or certified mail,
with proof of service thereof to be filed at the Carbon County Prothonotary’s
Office.
(C) The taxing authorities aforesaid and the property owner, if he
is not the appellant, be and are hereby entitled to intervene as parties
appellee; and
(D) The
2.
Within forty-five
(45) days after required service of the petition and preliminary decree, all parties
of record shall file pre-hearing statements and serve a copy on all other
parties of record. The pre-hearing
statement shall include:
A.
A summary of the
facts which will be offered by oral and documentary evidence at the hearing;
B.
A list of exhibits
to be offered;
C.
A list of the names
and addresses of all witnesses to be called;
D.
Copies of any
appraisal reports, or if no report is available, a summary of the testimony of
any expert who will be called as a witness;
E.
A statement of the
current valuation which is the basis for the appeal;
F.
A statement setting
forth the appellant’s position as to the correct valuation which shall include
appellant’s position as to correct market value, assessment ratio, and
assessment;
G.
A statement that
there have been negotiations between the parties and a good faith attempt to
settle the case; and
H.
The statement shall
be signed by the parties or their counsel.
3.
Upon docketing of all pre-hearing statements, a pre-hearing
conference shall be scheduled. Notice
pursuant to Pa.R.C.P.440 shall be given by the Prothonotary’s Office to all
affected taxing authorities whether or not parties of record. Each party of record shall either be
personally present, or shall be represented by counsel authorized to act on
behalf of the absent party of record with respect to the trial of the case or
its settlement.
4.
At the pre-hearing conference, the parties of record shall
consider:
A.
Possible stipulations as to evidence and facts;
B.
Simplification of the issue; and
C.
Settlement.
5. Following the
pre-hearing conference, the Court shall enter an appropriate order or schedule
a hearing.
Effective
7/26/04
Revision
effective 10/1/08
RULE 2974.2 – NOTICE OF JUDGMENT AND EXECUTION REQUIRED BY RULE 2973.2. FORM
The person to be named in the notice shall be pursuant to
CARB.R.C.P.1018.1.
Effective
7/26/04
RULE 2974.3 – NOTICE OF JUDGMENT AND EXECUTION REQUIRED BY RULE 2973.3. FORM
The person to be named in the notice shall be pursuant to
CARB.R.C.P.1018.1.
Effective
7/26/04
RULE 3252 - WRIT OF EXECUTION. MONEY JUDGMENTS.
The person to be named in the notice shall be pursuant to
CARB.R.C.P.1018.1.
Effective
7/26/04
RULE 3256 - PRAECIPE FOR WRIT. MORTGAGE FORECLOSURE.
The praecipe for the writ shall state the volume and page
of the recorded mortgage securing the obligation upon which the judgment was
entered, as well as the volume and page of the deed conveying the real property
to the debtor.
Effective 7/26/04
RULE 4005 – WRITTEN INTERROGATORIES TO A PARTY.
Interrogatories, as a matter of right, shall not exceed
FORTY (40) in number. Interrogatories
inquiring as to the names and locations of witnesses, or the existence,
location and custodian of documents of physical evidence each shall be
construed as one (1) interrogatory. All
other interrogatories, including subdivisions of one numbered interrogatory,
shall be construed as separate interrogatories. If counsel for a party believes that more than FORTY (40) interrogatories
are necessary, counsel shall consult with opposing counsel promptly and attempt
to reach a written stipulation as to a reasonable number of additional
interrogatories. Counsel is expected to
comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the parties
seeking to submit additional interrogatories shall file a motion with the Court
showing the necessity for relief.
Effective
7/26/04
RULE 4014 – REQUEST FOR ADMISSION.
Request for admission, as a matter of right, shall not
exceed FORTY (40) in number. Request for
admission as to the names and locations of witnesses, or the existence,
location and custodian of documents of physical evidence each shall be
construed as one (1) admission. All other
request for admission, including subdivisions of one numbered request for
admission, shall be construed as separate request for admission. If counsel for a party believes that more
than FORTY (40) admissions are necessary, counsel shall consult with opposing
counsel promptly and attempt to reach a written stipulation as to a reasonable
number of additional admissions. Counsel
is expected to comply with this requirement in good faith. In the event a written stipulation cannot be
agreed upon, the parties seeking to submit additional admissions shall file a
motion with the Court showing the necessity for relief.
Effective 7/26/04
RULE L2039 – COMPROMISE, SETTLEMENT, DISCONTINUANCE AND
DISTRIBUTION
A. SETTLEMENTS:
(1) Motions for Settlement of a case in which a minor or
incapacitated person has an interest shall be filed and served pursuant to
Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).
(2) The petition shall:
(A) Set forth the factual circumstances of the case;
(B) State the reasons why the settlement is a reasonable one; and
(C) Be accompanied by the following:
(1) A proposed order of distribution;
(2) A written report of a physician setting forth the present
condition of the minor or incapacitated person;
(3) A statement under oath by a parent or guardian certifying (a)
the present physical or mental condition of the minor or incapacitated person,
and (b) approval of the proposed settlement and distribution thereof;
(4) A statement of the professional opinion of counsel as to the
reasonableness of the proposed settlement and the basis for such opinion;
(5) In the
event that the minor is fourteen years of age or over, his or her written
approval of the proposed settlement and distribution thereof; and
(6) If there is to be an allocation between parents and children
or among children, the amounts allocated to each party
(3) The Order of Distribution shall include an award of counsel
fees. The standard for the award of counsel
fees in the representation of minors is that such fees must be reasonable in
accordance with the guidelines set forth in Rule 1.5 of the Rules of
Professional Conduct. Under normal
circumstances a counsel fee in the amount of twenty-five percent (25%) of the
fund recovered shall be considered reasonable, subject to the approval of the
Court. The attorney fee determined shall
be reduced by the amount of collateral payments received as counsel fees for
representation involving the same matter from third parties such as Blue
Cross/Blue Shield.
(4) The approving Judge, to whom the Petition is submitted, may,
at his or her discretion, require the personal appearance of the minor,
guardians, physicians, or any other relevant party, as well as, the production
of any other evidence deemed necessary for adjudication of the Petition.
B. DISTRIBUTION:
(1) Motions for Allowance of Distribution of funds in which a
minor or incapacitated person has an interest shall be filed and served
pursuant to Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).
(2) The petition shall include:
(A) The facts and circumstances surrounding the origination of the
minor's fund;
(B) A chronological statement of all prior requests for allowance,
including the reasons there for, the amounts thereof, and the disposition;
(C) The age of the minor at the time the fund was created and the
minor's present age;
(D) The original amount of the minor's fund and the present
balance of same; and
(E) The circumstances and reasons supporting the request for
allowance.
(3) All petitions shall be accompanied by:
(A) A proposed Order;
(B) A copy of the Original Petition for Compromise and the Order
of Distribution;
(C) Copies of all prior requests for allowances and the Orders
with respect to same;
(D) Substantiating documentation to support the proposed request;
and
(E) A consent filed by the petitioner.
Effective 12/1/12
RULE L2206 - SETTLEMENT COMPROMISE, DISCONTINUANCE
AND JUDGMENT
(1) Court approval of settlements in wrongful death cases shall
be required only where a minor or incapacitated person has an interest.
(2) Motions for Settlement of a case in which a minor or
incapacitated person has an interest shall be filed and served pursuant to
Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).
(3) The petition shall:
(A) Set forth the factual circumstances of the case;
(B) State the reasons why the settlement is a reasonable one;
(C) Be accompanied by the following:
(1) A proposed order approving the settlement and allocation
between wrongful death and survival; the proposed order shall comply
substantially with the prescribed format in Form A.
(2) A statement of the professional opinion of counsel as to the
reasonableness of the proposed settlement and the basis for such opinion;
(3) A
statement setting forth the proposed allocation between wrongful death and
survival actions and the amount proposed to be allocated to each beneficiary;
(4) A statement clearly identifying those parties believed to be
beneficiaries under each of the actions, attaching a copy of the will of the
decedent, if any;
(5) A statement setting forth the following:
(a) The time between the injury and death;
(b) Whether or not the decedent was conscious, and the
circumstances prior to his or her death;
(c) The amount of the medical and funeral bills;
(d) The amount of the decedent's wage loss; and
(e) The age, employment and any other circumstances of any potential
beneficiaries under the Wrongful Death Act.
(6) A certification of service of notice and a copy of the
petition to all parties with a possible interest, together with a list of those
persons notified.
(7) A
letter from the Department of Revenue stating either their approval or
objection to the proposed settlement.
Effective
12/1/12
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
, :
Plaintiff :
:
vs. : NO.
:
, :
Defendant :
ORDER OF COURT
AND NOW, this day of , 20 , upon consideration of the Motion to
Compromise Wrongful Death and Survival Action filed on , 20 , it is hereby
ORDERED that Petitioner is authorized to enter into a settlement with
Defendant(s) in the gross
sum of
($ ).
It is further ORDERED and DECREED that the settlement
proceeds be distributed as follows:
1.
To:___________________,Esq. $______________________
For Costs
2.
To:___________________,Esq. $______________________
Counsel Fees
3. The balance of
the settlement, the
sum
of $______________________
is apportioned as follows:
Wrongful Death Claim $______________________
Survival Claim $______________________
a. The Wrongful
Death Claim
shall be paid as follows:
I. To: Spouse;
and/or $____________________
ii. Adult Child(ren) $____________________
iii. To: Minor Child(ren)1 $____________________
as provided
hereunder
[1]
In the
event the beneficiary is an incapacitate person, appropriate changes are to be
made. Counsel shall set forth in the Order a separate provision for each minor
or incapacitated person.
Form “A”
Effective 12/1/12
OPTION 1
Counsel is hereby authorized to execute all documentation
necessary to purchase saving certificate(s), from federally insured banks or
savings institutions having an office in Carbon County, in the sum of $ , each not
to exceed the insured amount, with the funds payable to the minor upon
majority. The certificate shall be
titled in the name of the minor and shall be restricted as follows:
, a minor, not to be redeemed except for renewal in its
entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated
before the minor attains majority, except upon prior Order of Court.
Counsel shall open a savings account in the sum of $ in the
name of the minor. The savings account
shall be restricted as follows:
,
a minor, not to be withdrawn, before the minor attains majority, except for the
payment of city, state, and federal income taxes on the interest earned by the
savings certificate and savings account, or upon prior Order of Court.
OPTION 2
To: , Guardian $____________________
of the Estate of ,
a minor; provided, however, that no payment shall be made to the guardian until
the guardian has posted additional security as may be required by the Orphans’ Court
Division of Carbon County pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate Petition shall be filed with
the Orphans’ Court within thirty (30) days.
OR
[To: Guardian of the Estate of $_________________________
, a minor, upon appointment by the Orphans’
Court Division of Carbon County and upon the posting of any security as
required by the said Orphans’ Court pursuant to 20 Pa.C.S. § 5121, et seq. An appropriate Petition shall be filed with
the Orphans’ Court within thirty (30) days. Counsel shall not make any Distribution to said Guardian upon
appointment until this provision is fully complied with.]; and/or
iv. To: Parent(s) $____________________
b. The Survival Claim, in the sum of $____________________
shall be paid to ,
Administrator/Executor of the Estate of ______________________________,
Deceased; provided, however, that counsel shall not distribute any funds to the
said Administrator/Executor until additional security as may be required by the
Register of Wills of Carbon County pursuant to 20 Pa.C.S. § 3323(b)(3) is
posted.
Within thirty (30) days from the date of this Order,
counsel shall file with the Motion’s Court an Affidavit from counsel certifying
compliance with this Order.
BY THE
COURT:
________________________________
J.
Effective 12/1/12
