THE COURTS

Title 255—LOCAL COURT RULES

WESTMORELAND COUNTY

Judicial Custody (Pretrial) Conference; No. 3 of 2020

[50 Pa.B. 3711]
[Saturday, July 25, 2020]

Administrative Order of Court

 And Now, this 8th day of July, 2020, It Is Hereby Ordered that Westmoreland County Judicial Custody (Pretrial) Conference Rule W1915.4-4 is hereby adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

RITA DONOVAN HATHAWAY, 
President Judge

Rule W1915.4-4. Judicial Custody (Pretrial) Conference.

 (a) The parties shall file a pre-trial statement, in the form substantially similar to the form set forth in subparagraph (e) below, which shall list all witnesses, including experts, and anticipated evidence on each custody factor. The pre-trial statement shall be completed by the parties or counsel and shall be filed, submitted to the court, and served on the opposing party at least ten days prior to the pre-trial conference.

 (b) All parties and any child for whom custody or visitation is sought shall be present at the Judicial Custody Conference unless either waived by the parties or their counsel, or permitted to be absent by court order. Failure of a party to appear at the Judicial Custody Conference may result in the entry of a custody/visitation order by the court.

 (c) The court shall attempt to obtain a Consent Custody Agreement on any pending custody issues. Any Agreement shall be reduced to writing and entered as an Order of Court.

 (d) If no agreement is reached, the court may enter a new Order pending the Custody Hearing and shall issue an Order listing the matter for trial.

 (e) The pre-trial statement shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS OF
WESTMORELAND COUNTY, PENNSYLVANIA
CIVIL ACTION—CUSTODY

______	)
Plaintiff	)
	)
vs.	)	No. _____ of 20____-D
	)
______	)
Defendant	)

PRE-TRIAL STATEMENT

 This pre-trial statement is filed pursuant to Westmoreland County Rule of Civil Procedure W1915.4-4 on behalf of _________________ , Plaintiff/Defendant in the above captioned case.

WITNESS LIST (MUST BE COMPLETE). PROVIDE NAME, ADDRESS, TELEPHONE NUMBER OF EACH WITNESS:
Name _________________	Name _________________
Address _________________	Address _________________
_________________	_________________
Tel. No. _________________	Tel. No. _________________
Name _________________	Name _________________
Address _________________	Address _________________
_________________	_________________
Tel. No. _________________	Tel. No. _________________
EXPERT WITNESSES: PROVIDE NAME, ADDRESS TELEPHONE NUMBER OF EACH EXPERT. ATTACH WRITTEN REPORT.
Name _________________	Name _________________
Address _________________	Address _________________
_________________	_________________
Tel. No. _________________	Tel. No. _________________
IDENTIFY EXHIBITS REQUESTED BY STIPULATION (SCHOOL OR MEDICAL RECORDS, HOME EVALUATION, OTHER). ATTACH A COPY OF EACH EXHIBIT.
_________________	_________________
_________________	_________________
_________________	_________________
_________________	_________________

PROPOSAL FOR SETTLEMENT: __________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

PLEASE ATTACH REQUESTED STIPULATION OF FACTS.

_________________        _________________
Printed NameIdentify (Plaintiff, Defendant, Counsel, etc.)

_________________                    _________________
SignatureDate

CUSTODY FACTORS

Factor	Mother	Party This Factor Favors?	Father
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child's education, family life and community life.
(5) The availability of extended family.
(6) The child's sibling relationships.
(7) The well-reasoned preference of the child, based on the child's maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party's household.
(15) The mental and physical condition of a party or member of a party's household.
(16) Any other relevant factor.

 Rescinded March 25, 2013; New Rule W1915.17 adopted March 25, 2013, effective May 27, 2013. Amended and renumbered September 20, 2016, effective 11/20/16.

 Note: Rule W1915.7 was rescinded effective April 3, 2000.

[Pa.B. Doc. No. 20-989. Filed for public inspection July 24, 2020, 9:00 a.m.]

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