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HomeMy WebLinkAboutOrder of Court and Directive for Conciliation IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA— FRANKLIN/ FULTON COUNTY BRANCH __________________, : Civil Action Plaintiff : : No. vs. : : In Custody __________________, : Defendant : Judge: ORDER OF COURT AND DIRECTIVE FOR CONCILIATION NOW, this _____ day of ___________, 20 ______ , this Order will notify __________________ , Defendant, that you have been sued in Court to obtain custody of the child(ren):  ____________________ ______________________, date(s) of birth_________________________________________________. It is ordered and directed that____________________________, Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on ________________________,20 ______  at ____ o'clock __ .M at the Assigned Room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A memorandum shall be furnished to the Conciliator at least three (3) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(e)(5). Failure to provide said memorandum may result in the imposition of sanctions. At the Conciliation Conference, an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiff has deposited the required conciliator’s fee with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. ____________________________________, Defendant, is notified that if you fail to appear as provided by this Order, an Order of Court for Custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for custody pending a hearing: [The appropriate language should be inserted at this point detailing the custody arrangements sought by the Plaintiff keeping in mind the emphasis to be place upon the prior six (6) months and the role of primary caretaker. It is suggested one (1) inch of blank space be left for judge’s comments or changes to the proposed Order.] You must file with the Court a Criminal Record/ Abuse History Verification regarding you and anyone living in your household on or before the presentation scheduled on ______________________, but no later than thirty (30) days after the date of service of the Complaint or Petition for Modification. No party shall be permitted to relocate the residence of the child/ren to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the child/ren consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. Section 5337(c). Defendant is hereby notified that if (s)he disputes the Plaintiff's averments regarding the current status of the custody arrangements and this Order is entered on the basis of those averments, (s)he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the Conference, the Court may in atypical factual situations and at its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter before the Conciliation Conference. This Order shall become a final appealable order 181 days after the date of filing of the attached Complaint/Petition, that is, on ____________________________ [fill in date 181 days after the date of filing of the complaint/petition], unless prior to that date (1) a party files a praecipe, motion or request for a trial, or (2) there is filed a final intervening order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 1-717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. By the Court, ________________________ J.