Erie Cnty. C.P. OrphansCourtRules Rule 15.1

(a) Petitions requiring a hearing, including those pertaining to adoptions, involuntary

termination of parental rights, voluntary relinquishment of parental rights, and confirmation of

consent to adoption, shall be presented following the procedure for petition practice under Erie

O.C.R. 3.5(d).

(b) Court Administration may delay scheduling an adoption hearing until after parental

rights are terminated in cases where termination of parental rights is likely to be contested.

(c) Absent leave of court, all State Orphans’ Court Rule requirements for content of

petitions, exhibits, notice, filing and service shall be strictly enforced.

COMMENT: Under State Rule. 15.6 (Filing of Termination Petitions when an Agency is Not

Involved), “Except in cases involving an agency or as otherwise provided by law, a petition to

terminate parental rights shall not be granted unless a Report of Intention to Adopt under 23

Pa.C.SA. § 2531 or an adoption petition under Rule 15.13 has been filed.” Further, under State

Rule 15.13 (Adoption), unless the petition for adoption contains averments explaining why they

are not attached, criminal history and child abuse clearance reports for each prospective

adoptive parent must be attached to the petition for adoption. Accordingly, absent good cause

stated in the adoption petition and substantiated at the termination of parental rights hearing,

the requisite adoption petition and clearances must be filed before termination of parental rights.

APPENDIX OF FORMS

Form A. Motion Cover Sheet

Additional forms are available for reference on the Erie County website:

www.eriecountypa.gov/departments/clerk-of-records/register-of-wills-estate-records/

www.eriecountypa.gov/departments/clerk-of-records/clerk-of-orphans-court/

www.eriecountypa.gov/courts/court-information/general-forms/

www.eriecountypa.gov/courts/court-and-trial-schedules/motion-court-procedures/

FAMILY / ORPHANS’ DIVISION

MOTION COVER SHEET AND NOTICE

DATE: __________________, ________

MOTIONS JUDGE: _________________________________

CAPTION: ____________________________________________________

vs.

____________________________________________________

DOCKET NO: __________________

NOTICE

You are hereby notified that the attached motion/petition will be presented

by me in Motion Court on: _________________________________, at 9:00 a.m.

(Date)

CERTIFICATION OF SERVICE

A. CONTESTED MOTION

The undersigned represents that a copy of this motion and proposed order have

been served upon all parties or their counsel of record on ___________________, _______,

in accordance with Local Rule No. 440 (Civil Procedure) or Orphans’ Court Local Rule

No. 3.0 (Orphans’ Court Procedure), hereby providing:

Two full business days’ prior notice by hand delivery, fax; or

Five full business days’ prior notice by mail.

By: ____________________________________ Attorney for: Plaintiff Defendant

(Signature of counsel or unrepresented party)

Print Name: ______________________________

(OR)

B. UNCONTESTED MOTION

The undersigned represents that all counsel and unrepresented parties have

consented to the motion and consents are attached to the motion.

By: ____________________________________ Attorney for: Plaintiff Defendant

(Signature of counsel or unrepresented party)

Print Name: ______________________________________

C. INDICATE MOTION TYPE ON BACK OF THIS PAGE (OVER)

MOTION TYPE

FAMILY COURT MOTIONS

CUSTODY: Petition/Motion relating to: In Forma Pauperis

Temporary custody Special relief (Cust)

Approval of custody agreement Cust Contempt

Waive attendance at seminar Continuance (Cust)

Custody Other:__________________________ Counsel fees & expenses(Cust)

DIVORCE: Petition/Motion relating to: In Forma Pauperis

Exclusive possession of property Approve QDRO

Bifurcation Divorce Contempt

Filing Inven/Pre-Trial Stmt Divorce, Special Relief

Waive Attendance at seminar Amend pleadings divorce

Alimony Pende Lite Counsel fees & expenses(Div)

Divorce Other:___________________________

SUPPORT: Petition/Motion relating to: In Forma Pauperis

Cont conf/de novo hrg (support) Paternity/Blood tests

Support Other:___________________________ Support Contempt

ORPHANS’ COURT MOTIONS

DECEDENTS’ ESTATES: Petition/Motion ADOPTIONS: Petition for:

relating to: Adoption

Inheritance Tax Return Voluntary Relinquishment

Family Exemption Involuntary Termination

Settlement of Small Estate Confirm Consent Adoption

Approval of sale of property Adoption Other: ___________________

App settlement/Wrongful Death, et

Decedents’ Estates Other:______________

MINOR’S ESTATES: Petition for: GUARDIANSHIPS: Petition for:

Appr Set of Minor’s Claim Minor guardianship

Auth to Release Alleged Incapacitated

Funds from Minor’s Account Emergency Intervention

Minor’s Estates Other:____________________ Discharge/Sub/Guardian

Guardianship Other:_________________

ORPHANS’ COURT OTHER:___________________________________________________________________