PETITION FOR CONTEMPT OF A CUSTODY ORDER

Transcription

1 PETITION FOR CONTEMPT OF A CUSTODY ORDER 1. Forms FORMS, FILING AND SERVICE PROCEDURES Attached is a packet of all forms necessary to file a Petition for Contempt of an existing Custody Order in the Monroe County Court of Common Pleas. The attached forms are as follows (the packet ): a. Entry of Appearance; b. Blank Scheduling Order; c. Notice and Order to Appear; d. Two blank Criminal Record/Abuse History Verifications; e. Form Petition for Contempt of Custody Order; f. Verification; g. Certificate of Service and Verification. 2. Preparing the Documents for Filing a. Complete the Entry of Appearance by filling in ALL blanks with accurate information; b. Complete and sign the correct (Plaintiff or Defendant) Criminal Record/Abuse History Verification; c. Complete the Petition for Contempt of Custody Order by filling in ALL blanks with accurate information; d. Sign the Verification; e. Complete and sign the Certificate of Service and Verification; f. Attach a copy of the Court Order allegedly violated; g. Once you have completed and signed the Entry of Appearance, completed and signed the correct (Plaintiff or Defendant) Criminal Record/Abuse History Verification, completed and signed the Petition for Contempt of Custody Order, signed the Verification, completed and signed the Certificate of Service and Verification, and attached a copy of the Court Order allegedly violated, make 2 photocopies of the blank scheduling Order, Notice and Order to Appear, completed and signed Entry of Appearance, completed and signed correct (Plaintiff or Defendant) Criminal Record/Abuse History Verification, blank Criminal Record/Abuse History Verification, completed and signed 1

2 Petition for Contempt of Custody Order, signed Verification, completed and signed Certificate of Service and Verification, and attached copy of the Court Order allegedly violated. 3. Filing a.take the original completed packet and 2 copies to the Prothonotary s Office located on the 3 rd floor of the Monroe County Courthouse; b. Pay the filing fee to the Prothonotary in cash or by money order; c. File the original packet, which shall include in the following order: 1. Completed Entry of Appearance; 2. Blank Scheduling Order; 3. Notice and Order to Appear; 4. Completed and signed correct (Plaintiff or Defendant) Criminal Record/Abuse History Verification; 5. Blank Criminal Record/Abuse History Verification; 6. Completed and signed form Petition for Contempt of Custody Order; 7. Signed Verification; 8. Completed and signed Certificate of Service and Verification; 9. Copy of the Court Order allegedly violated. d. Ask the Prothonotary to time-stamp the 2 copies of the packet; e. You must file in person or by mail. Faxes and s will not be accepted. 4. Service a. Serve the Respondent(s) (i.e. the party you claim is in contempt of your custody Order) with a copy of the time-stamped packet which shall include the blank Scheduling Order, Notice and Order to Appear, the completed and signed correct (Plaintiff or Defendant) Criminal Record/Abuse History Verification, the blank Criminal Record/Abuse History Verification, completed and signed form Petition for Contempt of Custody Order, signed Verification, completed and signed Certificate of Service and Verification, and a copy of the Court Order allegedly violated; b. You may serve the petition and accompanying documents in any of the following manners: 2

3 1. Personal Service. You may have the Monroe County Sheriff or an adult individual, unrelated to any of the parties to the custody action, personally serve the Respondent(s) by handing a time-stamped copy of the packet to the Respondent(s) or a household member or an adult individual who works at the Respondent s place of employment. The individual who serves the packet must fill out and sign the Certificate of Service. The Certificate of Service is included in the forms provided to you. The Certificate of Service must be filed prior to your court proceeding or custody conference. If you wish for the Monroe County Sheriff to personally serve the Respondent(s), you must pay the Monroe County Sheriff to serve the Respondent(s). The Sheriff will then file an Affidavit of Service as proof that the Sheriff served the Respondent(s). 2. Mail. The petition may also be served upon the Respondent(s) by regular mail. To serve the Respondent(s) by mail, you must send the entire packet, including the contempt petition, by regular US mail to Respondent s(s ) address of record as listed in Respondent s(s ) most recently filed Entry of Appearance as a Self-Represented Party. 3

4 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA, : NO. DR 20 Plaintiff : NO. CV 20 : : vs. : : :, : Defendant : ENTRY OF APPEARANCE AS A SELF-REPRESENTED PARTY PURSUANT TO Pa.R.C.P. No I,, Plaintiff or Defendant (circle one) represent myself in the within action. REMOVAL OR WITHDRAWAL OF COUNSEL OF RECORD (if applicable) Please remove, Esquire (attorney s name) as my attorney of record. Please withdraw my appearance for the filing party: (to be completed by counsel if applicable), Esquire (print name) ID#, Esquire (signature) Date: I understand that I am under a continuing obligation to provide current contact information to the Court, to other self-represented parties, and to attorneys of record. 4

5 All pleadings and legal papers can be served upon me at the address listed below, which may or may not be my home address pursuant to Rule : (Print Name) (Telephone Number) (Signature) (Fax Number) (Address) (Date) THE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING THE ATTORNEY REMOVED FROM THE CASE. Note: This form cannot be used when filing for support through the Department of Public Welfare Bureau of Child Support Enforcement s E-Service program. An entry of appearance form is available on the E- Services site for individuals filing through that program. 5

6 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA, : NO. DR 20 Plaintiff : NO. CV 20 : vs. : : IN CUSTODY, : Defendant : ORDER You,, have been sued in court for contempt of custody or partial custody of the minor child(ren),, born, now age ;, born, now age ;, born, now age ;, born, now age. AND NOW, upon consideration of the attached Complaint/Petition, it is hereby Ordered that the parties and their respective counsel appear before, Esquire, Custody Conciliator, on the day of, 201 in the Conciliation Room, Second Floor, Monroe County Courthouse at (a.m./p.m.) for a conciliation conference. At such conference, an effort will be made to resolve the issues in dispute; or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into an Interim Order. Failure to appear at the Conference may provide grounds for the entry of a Temporary Order. You are further ordered to bring with you the following children to the conference: NOTE: Children under the age of eight (8) need not attend. You are also ordered to provide to the Court and all other parties a criminal record/abuse history verification concerning any criminal and/or abusive history, in accordance with 23 Pa.C.S.A. 5329, and Pa. R.C.P. Rule prior to the custody conference. If you fail to appear as provided by this Order, to bring with you the minor child(ren), or provide the verification concerning any criminal record/abuse history, 6

7 an Order for custody may be entered against you by the Court 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP: MONROE COUNTY BAR ASSOCIATION FIND A LAWYER PROGRAM 913 MAIN STREET STROUDSBURG, PENNSYLVANIA (570) AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Monroe County is required by law to comply with the Americans with Disabilities Act of 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. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. cc:, Custody Conciliator Custody Conciliation 7

8 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. DR Plaintiff : No. CV vs. : IN CUSTODY, : Defendant : PETITION FOR CONTEMPT NOTICE AND ORDER TO APPEAR, legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for custody. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on, 20 at.m. in (room) of the Monroe County Courthouse, Stroudsburg, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its Order for custody, you may be found to be in contempt of Court and committed to jail, fined or both. 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. 8

9 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. Monroe County Bar Association 913 Main Street Stroudsburg, PA (570) BY THE COURT: cc:, Esq., Custody Conciliator Custody Conciliation J. 9

10 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA : Plaintiff : NO. DR 20 : NO. CV 20 vs. : : : Defendant : IN CUSTODY PLAINTIFF CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I,, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply: Answer Yes or No Crime Self Other Household Member 18 Pa.C.S. Ch. 25 relating to criminal homicide 18 Pa.C.S relating to aggravated assault 18 Pa.C.S relating to stalking Date of Conviction, guilty plea, no contest plea or pending charges Sentence 10

11 Answer Yes or No Crime Self Other Household Member 18 Pa.C.S relating to kidnapping 18 Pa.C.S relating to unlawful restraint 18 Pa.C.S relating to false imprisonment 18 Pa.C.S relating to luring a child into a motor vehicle or structure 18 Pa.C.S relating to rape 18 Pa.C.S relating to statutory sexual assault 18 Pa.C.S relating to involuntary deviate sexual intercourse 18 Pa.C.S relating to sexual assault 18 Pa.C.S relating to aggravated indecent assault 18 Pa.C.S relating to indecent assault 18 Pa.C.S relating to indecent exposure Date of Conviction, guilty plea, no contest plea or pending charges Sentence 11

12 Answer Yes or No Crime 18 Pa.C.S relating to sexual intercourse with animal 18 Pa.C.S relating to conduct relating to sex offenders 18 Pa.C.S relating to arson and related offenses Self Other Household Member 18 Pa.C.S relating to incest 18 Pa.C.S relating to concealing death of child 18 Pa.C.S relating to endangering welfare of children Date of Conviction, guilty plea, no contest plea or pending charges Sentence 18 Pa.C.S relating to dealing in infant children 18 Pa.C.S. 5902(b) relating to prostitution and related offenses 18 Pa.C.S. 5903(c) or (d) relating to obscene and other sexual materials and performances 12

13 Answer Yes or No Crime 18 Pa.C.S relating to sexual abuse of children 18 Pa.C.S relating to unlawful contact with minor 18 Pa.C.S relating to sexual exploitation of children 23 Pa.C.S relating to contempt for violation of protection order or agreement Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device Self Other Household Member Date of Conviction, guilty plea, no contest plea or pending charges Sentence 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth Agency, including the following: Check all that apply: Answer Yes or No A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Self Other household member Date 13

14 Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where: Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person s name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other partys household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S relating to unsworn falsification to authorities. Signature Printed Name Date completed: 14

15 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA : Plaintiff : NO. DR 20 : NO. CV 20 vs. : : : Defendant : IN CUSTODY DEFENDANT CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I,, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply: Answer Yes or No Crime Self Other Household Member 18 Pa.C.S. Ch. 25 relating to criminal homicide 18 Pa.C.S relating to aggravated assault 18 Pa.C.S relating to stalking Date of Conviction, guilty plea, no contest plea or pending charges Sentence 15

16 Answer Yes or No Crime Self Other Household Member Date of Conviction, guilty plea, no contest plea or pending charges Sentence 18 Pa.C.S relating to kidnapping 18 Pa.C.S relating to unlawful restraint 18 Pa.C.S relating to false imprisonment 18 Pa.C.S relating to luring a child into a motor vehicle or structure 18 Pa.C.S relating to rape 18 Pa.C.S relating to statutory sexual assault 18 Pa.C.S relating to involuntary deviate sexual intercourse 18 Pa.C.S relating to sexual assault 18 Pa.C.S relating to aggravated indecent assault 18 Pa.C.S relating to indecent assault 18 Pa.C.S relating to indecent exposure 16

17 Answer Yes or No Crime Self Other Household Member Date of Conviction, guilty plea, no contest plea or pending charges Sentence 18 Pa.C.S relating to sexual intercourse with animal 18 Pa.C.S relating to conduct relating to sex offenders 18 Pa.C.S relating to arson and related offenses 18 Pa.C.S relating to incest 18 Pa.C.S relating to concealing death of child 18 Pa.C.S relating to endangering welfare of children 18 Pa.C.S relating to dealing in infant children 18 Pa.C.S. 5902(b) relating to prostitution and related offenses 18 Pa.C.S. 5903(c) or (d) relating to obscene and other sexual materials and performances 17

18 Answer Yes or No Crime 18 Pa.C.S relating to sexual abuse of children 18 Pa.C.S relating to unlawful contact with minor Self Other Household Member Date of Conviction, guilty plea, no contest plea or pending charges Sentence 18 Pa.C.S relating to sexual exploitation of children 23 Pa.C.S relating to contempt for violation of protection order or agreement Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply: Answer Yes or No A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Self Other household member Date 18

19 Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where: Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person s name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other partys household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S relating to unsworn falsification to authorities. Signature Date completed: Printed Name 19

20 COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA, : Case No. DR Plaintiff : Case No. CV Vs :, : Defendant : CUSTODY PETITION FOR CONTEMPT The Petition of (name of person filing this Petition) respectfully represents that on (date), 20, an Order of Court was entered for Custody, a true and correct copy of which is attached hereto. Plaintiff s Mailing Address: Plaintiff s Phone Number and/ or Cell Phone Number: Defendant s Mailing Address: Defendant s Phone Number and/ or Cell Phone Number: 20

21 1. Respondent has willfully failed to abide by the Order in that: (EXPLAIN BELOW). (If additional space is needed continue on back of page) 2. Child(ren): (If more space is needed please use other side) 1.) Name DOB 2.) Name DOB 3.) Name DOB 4.) Name DOB 21

22 3. Legal Representation: Plaintiff s Attorney: Name: Address: Pro-Se (filing on your own): Plaintiff Defendant s Attorney Name: Address: Pro-Se (filing on your own): Defendant WHEREFORE, Petitioner requests that the Court find the Respondent in contempt of the current Custody Order. Respectfully Submitted, Plaintiff/Defendant, pro-se (circle one above) Dated: 22

23 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements made are subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully Submitted, Dated: Plaintiff/ Defendant, pro se (Circle one above) 23

24 IN THE COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. DR Plaintiff : No. CV Vs :, : Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, (name of person delivering or mailing document), hereby state that I have sent or will immediately send by US Mail or Personal Service (circle one) a true and correct copy of (title of document being served) in the above-captioned action upon: Name and address of party or their attorney to whom document was or will be delivered or mailed: Date and time served: (date) at o clock. m. (time) Dated: Signature of person delivering or mailing document 24

25 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that this statement is made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Server s signature * (NOT TO BE USED IN CONJUNCTION WITH A COMPLAINT FOR CUSTODY- USE AFFIDAVIT OF SERVICE) 25