THE COURTS

WESTMORELAND COUNTY

Adoption of Custody and Mediation Rules; No. 3 of 2000

[30 Pa.B. 1120]

Administrative Order

   And Now This, 3rd Day of February, 2000, It Is Hereby Ordered that effective Monday, April 3, 2000, Westmoreland County Rules of Civil Procedure W1915.1 through W1915.7, W1920.32, and W1920.50 are rescinded, and new Rules W1018, W1915.3 through W1915.15, W1920.32, W1920.50, W1940.1, and W1940.4 are adopted.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

Rule W1018.  Caption.

   Pursuant to Pa.R.C.P. 1018(e), the caption of all matters filed in Divorce, Support, and Custody, Partial Custody, or Visitation shall include either the word ''Divorce,'' ''Support,'' or ''Custody'' in parenthesis following the required ''CIVIL ACTION--LAW''.

   (a)  The caption in Divorce matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW (DIVORCE)

   (b)  The caption in Support matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW (SUPPORT)

   (c)  The caption in Custody, Partial Custody, or Visitation matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW (CUSTODY)

Rule W1915.3.  Commencement of Action, Complaint. Order.

   (a)  All actions raising issues of custody, partial custody, or visitation of minor children shall be commenced by the filing of a verified complaint or petition and a separate scheduling order as set forth in W1915.15.

Comment

Pa.R.C.P. 115.3(b) requires the moving party in actions for Custody and Visitation to attach a scheduling order to the verified complaint. The complaint and order are published at Pa.R.C.P. 1915.15. Westmoreland County local rules of procedure require additional information than that provided in the order found at Pa.R.C.P. 1915.15(c). Local Rule W1915.15 contains the order that will be filed with each action or modification.

The scheduling order published at W1915.15 must [also] be filed and processed in accordance with this rule when any Divorce Complaint with a Custody Count is filed or when any Custody Count is filed separately. (See W1920.32(a).)

   (b)  The petitioner shall, at the time of filing, proceed to the Westmoreland County Family Court Administrator (Custody Office) for an assignment of a date and time for the Custody Conciliation Conference. The Custody Conciliation Conference shall be scheduled for a date and time approximately 45 days after filing of the complaint or count.

   (c)  The moving party shall file proof of service of the action with the Westmoreland County Prothonotary prior to the Custody Conciliation Conference.

Rule W1915.4.  Child Program.

   All parties shall be ordered, at the time of filing, to attend the mandatory Children Hurt In Loss through Divorce/separation (CHILD) Program prior to the Custody Conciliation Conference. In addition, other persons in a caretaking capacity may be ordered to attend.

Rule W1915.4-1.  Alternative Hearing Procedures.

   Westmoreland County does not use the alternative hearing procedure provided under Pa.R.C.P. 1915.4-1 and 1915.4-2.

Rule W1915.4-2. Office Conference, Hearing, Record, Exceptions, Order.

   Westmoreland County does not use the alternative hearing procedure found at Pa.R.C.P. 1915.4-2.

Rule W1915.4-3.  Custody Conciliation Conference.

   (a)  Each parent shall file a Westmoreland County Parent Information Form no later than 30 days from the filing of the Complaint or the Custody Count. Each parent shall also attach a copy of his or her most recent Federal Income Tax Return to the Parent Information Form. The Parent Information Form, copies of which are available from the Westmoreland County Family Court Administrator (Custody Office), shall contain the following information:

   (1)  Identifying information--Name, Address, Phone Number, Age, Date of Birth, Marital Status, Education;

   (2)  Parent's occupation, place of employment and work schedule;

   (3)  Date of separation;

   (4)  Name of any new partner;

   (5)  Members of parent's household;

   (6)  Names, ages and birth dates of children involved;

   (7)  Children's schedule (school, extra curricular activities);

   (8)  Issues/problems of concern;

   (9)  Recommendations for custody/visitation;

   (10)  Current custody schedules (when the child is in the parent's custody).

   (b)  The parties may file with the Family Court Administrator, an Election to Proceed Through Mediation. The party filing the Election to Proceed Through Mediation must Certify that both (all) parties agree to mediation. Upon receipt of the Election and Certification, the Family Court Administrator shall continue the scheduled Conciliation Conference, and advise the Mediator to schedule the Mediation.

   (c)  The parties may also at any time file either a Consent Order or a Consent Agreement with the Family Court Administrator (Custody Office). The form of the agreement may be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,
PENNSYLVANIA
CIVIL ACTION--LAW (CUSTODY)

	)
Plaintiff	)
v.	)	No. ____ of 20__
Defendant	)
	)

CUSTODY CONSENT AGREEMENT

We have agreed to the following parenting plan for the custody of our children:

1.  The parents shall share the legal and physical custody of the following named child(ren):

Name	Date of Birth
______	______
______	______

2.  The Children shall reside with his/her/their Mother/Father at
___________________________ .

3.  The parties agree that the time arrangements between the Father and Mother with the child(ren) are as follows:

a.	Weekdays - _________________
b.	Weekends - _________________
c.	Summer/Vacation periods - ______
d.	Holidays - _________________
	Thanksgiving - _________________
	Christmas (Eve) _________________
	New Year's Eve _________________
	Easter _________________
	Other holidays _________________

4.  Transportation - _________________

5.  The child(ren) shall be with the Mother on Mother's Day and with the Father on Father's Day.

6.  The child(ren)'s birthday will be spent with the parent scheduled to have the child that day.

7.  Each parent shall keep the other informed of the child(ren)'s health, progress in school, school activities and general welfare and shall consult the other parent concerning major decisions affecting the child(ren).

8.  Each parent is entitled to receive directly from the schools, health care providers, or other relevant sources, information concerning their child(ren).

9.  Neither parent shall engage in conduct which presents to the child(ren) a negative or hostile view of the other parent.

10.  Each parent shall encourage the child(ren) to comply with the parenting agreement and foster in the child(ren) a positive view of the other parent.

11.  The parties may decide different time arrangements other than those provided for in the Consent Agreement and make decisions for the child(ren) whenever they mutually agree to do so. Nothing in this agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this consent agreement will be followed.

12.  VACATIONS SUPERSEDE THE REGULAR SCHEDULE, AND HOLIDAYS SUPERSEDE ANY OTHER TIME ARRANGEMENT UNLESS THE PARTIES MUTUALLY AGREE TO DO OTHERWISE.

13.  VIOLATION OF THIS ORDER BY ANY PERSON MAY RESULT IN CIVIL AND CRIMINAL PENALTIES INCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE, INTERFERENCE WITH CUSTODY OF CHILDREN.

14.  Jurisdiction of the child(ren) shall remain with the Court of Common Pleas of Westmoreland County, Pennsylvania, unless or until jurisdiction would change under the Uniform Child Custody Jurisdiction Act.

15.  We agree to abide by the agreement adopted this _____ day of ______ , 20 ____ and submit it to the Court of Common Pleas to be formalized into an order of Court.

______	______
Mother	Father
______	______
Attorney	Attorney
______
Custody Hearing Officer

   (d)  If neither an Election to Proceed Through Mediation pursuant to subsection (b), nor a Consent Agreement pursuant to subsection (c) are filed with the Family Court Administrator (Custody Office), the Conciliation Conference shall proceed as originally scheduled.

   (1)  All parties, and any child, for whom custody or visitation is sought, shall be present at the Custody Conciliation Conference, unless otherwise ordered by the Court. Failure of a party to appear at the Custody Conciliation Conference may result in the entry of a custody or visitation order by the Court on the recommendation of the Custody Hearing Officer in the absence of that party. The absent party may also be subject to contempt proceedings.

   (2)  The Custody Hearing Officer shall conduct the Conciliation Conference actively engaging the parties using mediation skills and techniques in order to reach an agreement. The Conciliation Conference is informal, with no record created or testimony elicited from parties or witnesses. The parties are given the opportunity to present the issues or problems and to explore all available options for resolution. A second session may be scheduled if needed.

   (3)  A Consent Agreement form is completed and signed when an agreement is reached.

   (4) If the parties cannot agree, the Hearing Officer will forward to the Court a report and recommendation for a temporary order.

   A.  The report shall contain the following:

   1.  Recommendations, if any, that an evaluation including requirements such as physical or mental evaluations or home studies be undertaken pursuant to Rule W1915.8;

   2.  Findings of fact on jurisdiction or venue issues; and

   3.  Recommendations for temporary custody/visitation.

   B.  The temporary order will include all areas of prior agreement.

   C.  The temporary order shall become a final order unless a Praecipe For Custody Trial is filed within 30 days of the date of service of the temporary order. A copy of the temporary order shall be served in accordance with Pa.R.C.P. 236, with a copy to the Family Court Administrator (Custody Office).

   D.  The Praecipe For Custody Trial is found at W1915.10.

Rule W1915.4-4.  Voluntary Mediation.

   (a)  The parties may agree to mediate custody and visitation matters before a neutral mediator. The parties are responsible to pay for mediation services. Mediation shall be conducted in accordance with Pa.R.C.P. 1940-1 et.seq.

   (b)  All matters raised before the mediator shall remain confidential except as provided at 42 Pa.C.S.A. §  5949(b). Confidentially may be waived in writing by the parties.

   (c)  All agreements shall be reduced to writing and submitted to the Court.

   (d)  The Westmoreland County Family Court Administrator (Custody Office) shall provide the mediators with dates and times for which to schedule a conciliation conference for those who have not succeeded through mediation. The mediators shall immediately schedule by Notice those who have not settled through mediation. The date and time scheduled for the conciliation conference shall forthwith be reported by phone or facsimile to the Family Court Administrator (Custody Office).

Rule W1915.8.  Physical and Mental Examination of Persons (Custody Evaluations).

   (a)  Evaluations may be ordered in accordance with Pa.R.C.P. 1915.8 in a custody proceeding by the Court on its own motion, or by motion of either party. In the event an evaluation is Ordered, a Pretrial Conference will be automatically scheduled.

   (b)  The Court shall assess the cost of court-appointed evaluations at the time of the order in accordance with subsection (e). The moving party shall pay the costs of a private evaluation.

   (1)  Both parties shall present the verification of their respective income to the Court no later than 30 days after the filing of the Complaint or Custody Count pursuant to W1915.4-3(a). Failure to do so shall result in assessment of the maximum cost of $1,750.

   (2)  Fees assessed under this rule shall be paid as directed by the Court. Failure to pay as ordered may result in contempt proceedings and appropriate penalties as provided in Pa.R.C.P. 1915, et.seq.

   (3)  Costs of evaluation of the parents, children, and any other person ordered by the Court to be evaluated shall be assessed as follows:

COMBINED PARENTAL INCOME (GROSS ANNUAL)	COST OF EVALUATION
$20,000 or less	$   750
$20,001 to $60,000	$1,150
$60,000 and over	$1,750
No verification of income	$1,750

   (4)  The assessed cost set forth above shall apply except where good cause for a deviation is shown to the Court. The Court may increase the assessed cost based upon such factors as the number of people evaluated and the complexity of the case. The cost shall be assessed between the parents in proportion to their incomes, unless otherwise agreed by the parties.

   (c)  The Order for a custody evaluation shall also schedule the next court event. If the evaluation is ordered at the Conciliation Conference, the Order shall also schedule a Pretrial Conference.

Rule W1915.10.  Praecipe for Custody Trial. Pretrial Conference. Decision.

   (a)  A party may file a Praecipe for Custody Trial in the Westmoreland County Prothonotary's office anytime within 30 days from the date of service of a Custody Order issued as a result of a Conciliation Conference. Prior to filing the Praecipe, the moving party shall deliver the Praecipe to the chambers of the assigned judge for the scheduling of a Pretrial Conference. When Custody Evaluations have been ordered, a Pretrial Conference is automatically scheduled and a Praecipe need not be filed. (See: W1915.8(a).)

   (b)  A copy of the Praecipe with the scheduled Pretrial Conference date must be served on the other counsel/parties, and on the Family Court Administrator (Custody Office.) The Praecipe For Custody Trial and Scheduling Order shall be substantially as follows:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW (CUSTODY)

	)
Plaintiff	)
v.	)	No.______ of 20__
Defendant	)
	)

PRAECIPE FOR CUSTODY TRIAL

(Request must be made within 30 days of the date of service of the Recommended Order.)

   At a recent Custody Conciliation Conference, an acceptable custody/visitation agreement could not be reached. I hereby request a custody trial before the Westmoreland County Court of Common Pleas.

The issues to be considered are:
(Place a mark before the issues to be considered.)

____ Relocation

____ Time/Length/Number of Visits

____ Primary Residence

Other: _________________

I hereby certify that on ____ / ____ / ____ , I served a copy of this request on the opposing counsel/party.

Date: __ / __ / __	_________________
	Petitioner or Petitioner's Counsel

VERIFICATION

I verify that the statements made in this request are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities.

Date: __ / __ / __	_________________
	Petitioner or Petitioner's Counsel

SCHEDULING ORDER

   You are hereby ordered to appear in person on _____ , 20__ at __   __.M. before the Honorable ______ in Courtroom ____ in the Westmoreland County Courthouse, 2 North Main Street, Greensburg, Pa. 15601 for a Pretrial Conference.

   Counsel or the parties, if unrepresented, shall file a Pretrial Narrative at least 10 days prior to the Pretrial Conference. The parties and any children over whom custody or visitation is sought are required to attend the Pretrial Conference pursuant to Westmoreland Rule W1915.10.

BY THE COURT:

Date: ______       ______ , J.

   (c)  Ten days prior to the Pretrial Conference, each party or counsel shall file and submit a Pretrial Narrative to the chambers of the assigned judge. Copies shall be served on all parties. If no Pretrial Narrative is filed, the offending party may be fined or sanctioned otherwise by the Court. The Pretrial Narrative shall include:

   (1)  Names and addresses of all witnesses, including experts;

   (2)  Summary of each witness's anticipated testimony;

   (3)  Copies of all exhibits;

   (4)  Proposed custody arrangement;

   (5)  Requested stipulation of facts.

   (d)  All parties, counsel, and any child for whom custody or visitation is sought shall be present at the Pretrial Conference unless otherwise provided by Order of Court. Failure of a party to appear at the Pretrial Conference may result in the entry of a custody/visitation order by the Court.

   (e)  Any agreement reached at the Pretrial Conference shall be reduced to writing and entered as an order of Court.

Rule W1915.13.  Special Relief.

   Motions for Special Relief will be screened before any hearing is scheduled. Special Relief may be denied without a hearing.

Rule W1915.15.  Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order.

   The following scheduling order shall be used in all actions containing an issue of custody, partial custody or visitation of minor children:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW (CUSTODY)

	)
Plaintiff	)
v.	)	No. _____ of 20__
Defendant	)
	)

CUSTODY SCHEDULING ORDER

   You, ______ , (defendant) (respondent), have been sued in court to (obtain) (modify) custody, partial custody or visitation of the children:

Name	Date of Birth
______	______
______	______
______	______

   (1)  The Plaintiff is ORDERED to attend the mandatory Children Hurt In Loss through Divorce/Separation (CHILD) Program on ______ , 20__ at ______  .M. at the Memorial Conference Center at Westmoreland Regional Hospital located at 532 West Pittsburgh Street, Greensburg, Pa. 15601, phone number (724)832-4581. The Plaintiff is also ORDERED to prepay the $40.00 program registration fee using the CHILD Program Registration Form. (No money will be accepted at the session.) The Plaintiff is further ORDERED to serve a copy of the CHILD Program Registration Form on the Defendant.

   (2)  The Defendant is ORDERED to attend the mandatory Children Hurt In Loss through Divorce/Separation (CHILD) Program on ______ , 20__ at ______   __  .M. at the Memorial Conference Center at Westmoreland Regional Hospital located at 532 West Pittsburgh Street, Greensburg, Pa. 15601, phone number (724)832-4581. The Defendant is also ORDERED to prepay the $40.00 program registration fee using the CHILD Program Registration Form. (No money will be accepted at the session.)

   (3)  Non resident parents must attend a program similar to the CHILD program which has been certified or approved by the local Court. A Certification of Successful Completion must be presented at the time of the Conciliation Conference.

   (4)  Should the moving party fail to pay fees or fail to appear for the CHILD Program, the Custody action shall be dismissed without prejudice, and any fees paid by such party shall be forfeited.

   (5)  Should the responding party fail to pay fees or fail to appear for the CHILD program, an immediate Rule to Show Cause why such party should not be held in contempt shall be issued by the Court.

   (6)  Each Party is hereby Ordered to submit to the Family Court Administrator (Custody Office), pursuant to Westmoreland County Rule of Civil Procedure W1915.4-3, a completed Parent Information Form and a copy of your most recent Federal Income Tax Return within 30 days of the date of filing of this Custody Action. An Election to Proceed Through Mediation or a Consent Agreement may also be filed with the Family Court Administrator at that time. The Plaintiff is hereby Ordered to serve a copy of the Parent Information Form on the Defendant.

   (7)  You are hereby ordered to appear in person on ______ , 20__ at ______   __ .M. for a Custody Conciliation Conference in the Family Court Custody Office on the fourth floor of the Westmoreland County Courthouse Annex, 2 North Main Street, Greensburg, Pa. 15601.

CHILDREN MUST ATTEND UNLESS OTHERWISE ORDERED

   If you fail to appear for the Custody Conciliation Conference as provided by this Order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.

YOU SHOULD TAKE THIS ORDER 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.

If You Cannot Afford a Lawyer	If You Do Not Have a Lawyer
Laurel Legal Services 306 S. Pennsylvania Ave. Greensburg, Pa. 15601 (724)836-2211	Westmoreland Lawyer Referral 129 N. Pennsylvania Avenue Greensburg, Pa. 15601 (724)834-8490

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Westmoreland County complies 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 (724)830-3665. All arrangements must be made at least 3 working days prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.

BY THE COURT:

Date: ______       ______ , J.

Rule W1920.32.  Joinder of Related Claims. Custody. Hearing by Court.

   (a)  All Complaints containing a Custody Count and all Counts of Custody filed separately must be accompanied with a scheduling order found at W1915.15. The order shall be processed in accordance with W1915.3.

   (b)  The Custody Count shall follow the practice and procedures governing Custody.

W1940.1.  Voluntary Mediation in Custody Actions.

   Custody mediation procedures specific to Westmoreland County are found at W1915.4-4.

W1940.4.  Minimum Qualifications of the Mediator.

   Mediators shall certify, on a form supplied by the Family Court Administrator, compliance with the minimum qualifications specified in Pa.R.C.P. 1940.4.

Rule W1920.50.  All Counts Conference.

   (a)  Whenever a pleading containing any count other than divorce or annulment is filed pursuant to the Divorce Code, an all counts conference shall be required prior to the appointment of a master.

   (b)  The conference shall be scheduled upon request and presentation of an order by either party, after the moving party has filed the all counts conference forms and attachments. A copy of the forms and attachments shall be served on the opposing counsel or party, if unrepresented, and on the Family Court Administrator (Custody Office).

   (c)  The non-moving party shall file the all counts conference forms and attachments at least 20 days prior to the scheduled conference. A copy of the forms and attachments shall be served on the opposing counsel or party, if unrepresented, and on the Family Court Administrator (Custody Office).

   (d)  Both parties shall submit a written proposal for settlement at the time of the conference.

   (e)  Failure to file the required forms, attachments and proposals may result in sanctions, costs, and attorney's fees.

   (f)  The order for the scheduling of the all counts conference shall be substantially in the form prescribed by WF1920.50(f).

   (g)  The all counts conference forms and attachments, also collectively referred to as ''Addendum A,'' as required in sections (b) and(c) above, shall be substantially in the form prescribed by WF1920.50(g).

   Note:  A copy of the Notice of Presentation, Order of Court, Income and Expense Statement and Inventory and Appraisement of Property forms are provided in the Forms section of the Westmoreland County Rules of Court.

[Pa.B. Doc. No. 00-334. Filed for public inspection February 25, 2000, 9:00 a.m.]

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