THE COURTS

WESTMORELAND COUNTY

Adoption of Custody Rule Changes; No. 3 of 2001

[31 Pa.B. 1143]

Administrative Order

   And Now, this 1st day of February, 2001, it is hereby Ordered that effective in 30 days from the publication of this Order, Westmoreland County Rules of Civil Procedure W1915.3(b), W1915.4-3(d), and W1915.10(a) and (b) are rescinded, and new Rules W1915.3(b), W1915.4-3(d), and W1915.10(a) and (b) are adopted.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

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

   (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 not later than 45 days after filing of the complaint or count.

Rule W1915.4-3.  Custody Conciliation Conference.

   (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 Conference Officer in the absence of that party. The absent party may also be subject to contempt proceedings.

   (2)  The Custody Conference 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 nor 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 Conference Officer will forward to the Court a report and recommended 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 custody/visitation.

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

   C.  Except as provided in subsection D, the order shall become a final order unless a Praecipe For Custody Pretrial Conference is filed within 30 days of the date of service of the order. A copy of the order shall be served in accordance with Pa. R.C.P. 236, with a copy to the Family Court Administrator (Custody Office).

   D.  When an evaluation is ordered, the Order will also schedule a Pretrial Conference. The Praecipe requirement of subsection C does not apply when the Pretrial Conference is ordered.

   E.  The Praecipe For Custody Pretrial Conference is found at W1915.10.

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

   (a)  A party may file a Praecipe for Custody Pretrial Conference 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 Pretrial Conference 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 PRETRIAL CONFERENCE

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

   At a recent Custody Conciliation Conference, an acceptable custody/visitation agreement could not be reached. I hereby request a custody Pretrial Conference 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.

[Pa.B. Doc. No. 01-318. Filed for public inspection February 23, 2001, 9:00 a.m.]

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