THE COURTS
WASHINGTON COUNTY
Local Rules; No. 2013-1
[43 Pa.B. 5804]
[Saturday, October 5, 2013]1915.1—Scope; 1915.2—Reserved; 1915.3—Commencement of Action, Complaint, Order; Appendix C; Appendix E; 1915.4—Parenting Program; 1915.5—Motions; 1915.6—1915.7—Reserved; 1915.8—Physical and Mental Examination of Persons; 1915.9—1915.11—Reserved; 1915.12—Contempt; 1915.13—Special Relief; 1915.14—1915.25—Reserved; 1915.26—Child Custody Conference Officer; 1915.27—Process; 1915.28—Continuances; 1915.29—Pre-Custody Conciliation Meeting Procedure; 1915.30—Pre-Custody Conciliation Meeting; Appendix F; 1915.31—Custody Conciliation Conference; 1915.32—Interim Orders; 1915.33—Request for Custody Trial De Novo and Pretrial Conference; Appendix G/Custody; 1915.34—Pre-Trial Child Custody Conference Before the Court; 1915.35—Uncontested Motions Verification Form; Appendix H/Custody; 1935.36—Consent Agreements
Order And Now, this 17th day of September, 2013; It Is Hereby Ordered that the previously-listed Washington County Local Custody Rules be restated as follows.
These rules will become effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President Judge
ACTIONS FOR CUSTODY, PARTIAL CUSTODY, AND VISITATION OF MINOR CHILDREN L-1915.1. Scope.
(a) These Rules shall apply to actions for custody, partial custody, and visitation of minor children and to modification of existing orders relating thereto as governed by the Pa.R.C.P. 1915.1—1915.25 and by reference, 1920.32.
(b) A copy of these rules shall be maintained by the Court Administrator's Office and a copy shall be provided to the Prothonotary and County Law Library and be made generally available pursuant to Pa R.C.P. 239(c)(5).
L-1915.2. Reserved.
L-1915.3. Commencement of Action, Complaint, Order.
(a) All actions raising custody, partial custody, visitation or modification of existing orders for minor children shall be commenced by the filing of a verified complaint or, in the case of a custody count in a divorce complaint, a petition and a separate scheduling order as set forth in Appendix E. The scheduling order located in Appendix E 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.
(b) The moving party shall proceed to the Civil Division of the Court Administrator's Office with an original and two (2) copies of the complaint or petition and the separate scheduling order for an assignment of a date and a time for the Pre-Custody Conciliation Meeting. The Pre-Custody Conciliation Meeting shall be scheduled for a date and a time not later than forty-five (45) days after the filing of the complaint or petition. The Civil Division of the Court Administrator's Office will present the complaint or petition to the Family Court Judge to whom the case is assigned for signature and return the signed complaint or petition to the moving party. The moving party will file the complaint or petition with the Prothonotary's Office. The Civil Division of the Court Administrator's Office will not file complaints or petitions on behalf of parties. A copy of the scheduling order will then be delivered by the moving party to the Civil Division of the Court Administrator's Office. The Civil Division of the Court Administrator's Office will give parenting program information as well as the Parent Plan form to the moving party. The moving party shall attach copies of each to the filed, time-stamped copies of the complaint or petition and serve the defendant(s) with the complaint or petition, the parenting program information and a copy of the Parent Plan form.
(c) The moving party shall file proof of service of the complaint or petition with the Washington County Prothonotary and provide a copy of the proof of service of the complaint or petition, the parenting program information, and a copy of the Parent Plan form to the Civil Division of the Court Administrator's Office prior to the Pre-Custody Conciliation Meeting.
(d) The presentation of the pleadings referred to in subdivision (a) shall be the responsibility of the moving party and if necessary, may be ex parte. The moving party shall be responsible for filing and serving the pleadings in accordance with Pa.R.C.P. 1915.3 and 1915.4. The moving party shall insure that a minimum of seven (7) days notice of the meeting or conference or any other appropriate proceeding is afforded to any interested parties. In the event seven (7) days' notice cannot be afforded to any interested parties, the moving party shall notify the Civil Division of the Court Administrator's Office forthwith.
(e) All appropriate costs and fees shall be paid at the time of filing.
(f) A duplicate copy of other pleadings and other documents shall be filed with the Prothonotary who shall forward it to the Civil Division of the Court Administrator's Office, specifically including petitions and orders to bifurcate proceedings.
(g) Petition for Confirmation of Custody.
(1) Any party may seek confirmation of his or her existing (de facto) legal and/or physical custody of any child by presenting a Petition for Confirmation of Custody to the Family Court Judge in Motions' Court.
(2) The Petition shall be substantially in the form of Pa.R.C.P. 1915.15 and a copy of the most recent custody order relating to the child or children must be attached if any exist.
(3) All persons having or claiming any right to custody of the child or children must either consent in writing to the Petition, or be given seven (7) days written notice of the presentation of the Petition.
(4) Notice of presentation of the Petition must be given in accordance with Pa.R.C.P. 1930.4 regarding service of original process in domestic relations matters. Proof of service must be attached to the Petition.
(5) If none of the person(s) who were given notice appear to oppose the Petition, the Court may grant the relief requested and confirm custody in the person who brought the Petition.
(6) The order attached to the Petition Confirming Custody shall be as set forth in Appendix C.
APPENDIX E
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION )
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Plaintiff
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-vs-
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Defendant
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No.
NOTICE AND ORDER TO APPEAR You, _________________ have been sued in Court to obtain custody of _________________ .
You are ORDERED to appear in person at the Family Court Center, 29 W. Cherry Avenue, Washington, Pennsylvania 15301, on _________________ , ____ , 20 __ , at ____ o'clock, __ .m., for a Pre-Custody Conciliation Conference Meeting before, _________________ , Esquire, Child Custody Conference Officer.
If you fail to appear 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.
Pursuant to Local Rule 1915.4, all parties to the action are ordered to attend the mandatory parenting program prior to the Pre-Custody Conciliation Meeting. Failure of a party to attend the parenting program will result in sanctions against the party up to and including being prohibited from proffering evidence in the Meeting or Conference, or being held in contempt by the Court.
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 LEGAL HELP.
If you can not afford an attorney:
SOUTHWESTERN PA LEGAL SERVICES
10 WEST CHERRY AVENUE
WASHINGTON, PA 15301
724-225-6170
Date: __________If you can afford an attorney:
LAWYER REFERRAL SERVICE
119 SOUTH COLLEGE STREET
WASHINGTON, PA 15301
724-225-6710
_________________ , J.
APPENDIX C
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION _________________ ,
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Plaintiff
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-vs-
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_________________ ,
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Defendant
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No. _________________
INTERIM ORDER OF COURT AND NOW, this _____ day of _________________ , 20 ____ , after notice and presentation of the Petition for Confirmation, it is hereby ORDERED that:
1. Confirmation of Custody is denied.
2. A pre-custody conciliation meeting shall be scheduled pursuant to L-1915.3 and the case shall proceed pursuant to the Washington County Local Rules.
3. Pending further Order, custody of the child(ren) is (are) awarded on an interim basis to ______ with partial custody granted to _________________ as follows:
___________________________________________________________________________________________________________.4. The foregoing Complaint states a claim upon which relief may be granted.
5. Petitioner is responsible for the Prothonotary filing fee for this Petition.
BY THE COURT:
_________________ J.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION _________________ ,
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Plaintiff
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-vs-
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_________________ ,
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Defendant
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No. _________________
ORDER OF COURT FOR CONFIRMATION OF CUSTODY AND NOW, this _____ day of _________________ , 20 ____ , after notice and presentation of the Petition for Confirmation, it is hereby ORDERED that:
1. Confirmation of primary physical custody of the child(ren) (insert names and date of birth):
_________________ is granted to Petitioner _________________ who resides at the address set forth in the Petition.2. The Respondent's right to modify this order is preserved.
3. The TransParenting Program is waived.
4. Petitioner is responsible for the Prothonotary's filing fee for this Petition. No pre-custody conciliation meeting will be scheduled.
5. The foregoing Complaint states a claim upon which relief may be granted.
BY THE COURT:
_________________ J.L-1915.4. Parenting Program.
As a prerequisite to court involvement in a custody matter, all parties to the action are ordered to attend the mandatory parenting program prior to the Pre-Custody Conciliation Meeting. Failure of a party to attend the parenting program will result in sanctions against the party up to and including being prohibited from proffering evidence in the Meeting or Conference, or being held in contempt by the Court. See Administrative Regulation 2002-1.
L-1915.5. Motions.
(a) Objections to jurisdiction or venue, motions concerning discovery, joinder of parties, psychological or psychiatric examinations, and appointment of counsel for minors shall be presented to the Family Court Judge to whom the case is assigned.
(b) If the issue of paternity is raised, the parties shall immediately apply for appropriate relief to the Family Court Judge to whom the case is assigned, with all Custody proceedings to be stayed pending resolution of the paternity issue.
L-1915.6—1915.7. Reserved.
L-1915.8. Physical and Mental Examination of Persons.
Issues concerning physical and mental examinations of persons will be addressed directly to the Family Court Judge to whom the case is assigned who will follow the procedures set forth in Pa R.C.P. 1915.8.
L-1915.9-L—1915.11. Reserved.
L-1915.12. Contempt.
All petitions for contempt for failure to comply with an Order related to custody shall be presented to the Family Court Judge to whom the case is assigned. The Family Court Judge to whom the case is assigned may refer the Petition, at his/her discretion, to the Child Custody Conference Officer for conference and review. If a resolution of the matter cannot be made promptly, the Child Custody Conference Officer will refer the contempt proceeding to the Family Court Judge to whom the case is assigned, and a date for a hearing will be set by the Court. The petition for contempt shall begin with a notice and order conforming with Pa.R.C.P. 1915.12.
L-1915.13. Special Relief.
Motions for special relief should be for matters of an emergency nature and shall be presented to the Family Court Judge to whom the case is assigned. A Complaint for Custody or petition must be prepared if one has not already been filed, a Child Custody Conference Officer appointed and a Pre-Custody Conciliation Meeting date set, which then is presented to the Judge with the motion for special relief. After presentation of the motion for special relief, the moving party shall file the complaint and scheduling order and shall effect service forthwith. Other matters of a non-emergency nature, as set forth in Local Rule 1915.32, shall be disposed of in accordance with that Rule. Special Relief may be denied without a hearing.
L-1915.14-L—1915.25. Reserved.
L-1915.26. Child Custody Conference Officer.
The position of Child Custody Conference Officer is hereby established. The Child Custody Conference Officer shall be appointed by the Court and shall be a member in good standing of the Pennsylvania Bar. The Child Custody Conference Office may act as a Hearing Officer when hearing matters pursuant to Pa.R.C.P. 1915.4-2.
L-1915.27. Process.
(a) Where a claim for custody, partial custody, or visitation is joined with an action of divorce, having been raised by complaint, counterclaim, or a subsequent petition, this claim will not be heard by the Court unless the matter is placed at issue by either of the parties filing a Complaint or Petition for Custody in accordance with Local Rule 1915.3.
(b) A petition to modify a custody order will be assigned to the Child Custody Conference Officer who handled the original custody complaint when possible.
L-1915.28. Continuances.
(a) Motions for continuances of proceedings before the Child Custody Conference Officers will be presented by the moving party to the Family Court Judge to whom the case is assigned in Motions Court prior to the scheduled proceeding. The order granting or denying the continuance will be filed in the Prothonotary's Office. A copy of an order granting a continuance will be delivered by the moving party to the Civil Division of the Court Administrator's Office.
(b) A $25.00 fee will be charged for continuances. Except in the case of an emergency, when a party seeks and receives a continuance on the day of a scheduled meeting or conference the party will be charged a $75.00 fee. The fee will be paid by the moving party to the Prothonotary's Office when the Motion and Continuance Order are filed. The fee shall be paid in the form of a check or money order payable to the Washington County Prothonotary.
(c) Motions for continuances shall be set forth in writing containing the following information:
1. A clear, concise, and certain reason for the motion.
2. A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the request for continuance, if applicable.
3. A statement of the number of prior continuances, if any.
4. If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
(d) The Notice of Presentation of the Continuance Motion shall include the date of service of the motion upon the opposing counsel or the opposing party, if unrepresented.
L-1915.29. Pre-Custody Conciliation Meeting Procedure.
(a) The parties shall make a good faith effort to resolve the custody and/or visitation issues prior to the meeting. If resolution occurs prior to or at the time of the meeting, a proposed order may be drafted in accordance with Pa.R.C.P. No. 1915.7 and submitted to the Court for approval through the Child Custody Conference Officer, or the parties may follow L-1915.30(b).
(b) The Civil Division of the Court Administrator's Office will give counsel of record at least ten (10) days notice before any proceeding is conducted.
(c) The Civil Division of the Court Administrator's Office will give a party who is not represented by counsel at least ten (10) days notice before any proceeding is conducted.
L-1915.30. Pre-Custody Conciliation Meeting.
(a) Each parent shall file a Washington County Parent Plan form with the Civil Division of the Court Administrator's Office no later than thirty (30) days from the filing of the Custody Complaint or Modification Petition. The Parent Plan form may be found at Appendix F. The finder of fact may draw a negative inference against the party who fails to comply with this requirement.
(b) The parties may also at any time present a Consent Custody Order to the Family Court Judge to whom the case is assigned. If a Pre-Custody Conciliation Meeting or Custody Conciliation Conference has been previously scheduled at the time a party presents the Consent Custody Order to the Family Court Judge, the party shall provide a copy of the signed Consent Custody Order to the Civil Division of the Court Administrator's Office to ensure the Pre-Custody Conciliation Meeting or Custody Conciliation Conference is cancelled.
(c) If no Consent Custody Order pursuant to subsection (b) is presented to the Family Court Judge to whom the case is assigned, the Pre-Custody Conciliation Meeting shall proceed as originally scheduled.
(1) All parties shall be present at the Pre-Custody Conciliation Meeting unless otherwise ordered by the Court.
(2) The Child Custody Conference Officer will attempt to mediate the differences between the parties using mediation skills to come to an amicable settlement of those differences.
(3) The Child Custody Conference Officer will insure that the parties have submitted the completed Parent Plan form. The finder of fact may draw a negative inference against the party who fails to comply with this requirement. The Child Custody Conference Officer shall also insure that the mandated parenting program has been completed by the parties and certification presented.
(4) If the issue of custody cannot be resolved at the pre-custody conciliation meeting or continued meeting, the Child Custody Conference Officer shall schedule a custody conciliation conference if he/she determines that the issue concerns primary physical custody.
(5) If the issue of custody cannot be resolved at the pre-custody conciliation meeting or continued meeting, the Child Custody Conference Officer shall then determine whether the issue to be addressed concerns less than primary physical custody. If the issue is less than primary physical custody and both parties consent, the Child Custody Conference Officer shall schedule a hearing. The hearing shall be on the record pursuant to Pa.R.C.P. 1915.4-2(b). The Child Custody Conference Officer/ Hearing Officer shall receive evidence and hear argument, as well as issue a recommendation to the Court in accordance with PA.R.C.P 1915.4-2(b)(2) & (3). If any party disagrees with the recommendation, exceptions shall be filed as provided by Pa.R.C.P. 1915.4-2(b)(4).
APPENDIX F
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION _________________
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Plaintiff,
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-vs-
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_________________
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Defendant.
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No. _________________
WASHINGTON COUNTY PARENT PLAN
DATE COMPLETED: _________________ THE FOLLOWING INFORMATION SHALL BE COMPLETED AND RETURNED TO: COURT ADMINISTRATOR—CIVIL DIVISION, 1 SOUTH MAIN STREET, SUITE G006, WASHINGTON, PA 15301 NO LATER THAN THIRTY (30) DAYS FROM THE FILING OF THE CUSTODY COMPLAINT OR MODIFICATION PETITION.
The finder of fact may draw a negative inference against the party who fails to comply with this requirement. Failure of the Petitioner to comply with this requirement prior to the one hour meeting may subject them to being canceled.
INFORMATION 1) YOUR NAME: __________
ADDRESS: __________
__________
TELEPHONE (HOME): _________________ (CELL): __________
DATE OF BIRTH: __________
MARITAL STATUS: __________
EDUCATION: __________2) CURRENT OCCUPATION: __________
PLACE OF EMPLOYMENT: __________
WORK SCHEDULE: __________3) IF SEPARATED, DATE OF SEPARATION: __________
4) NAME OF CURRENT PARTNER; IF APPLICABLE __________
5) MEMBERS OF PRESENT HOUSEHOLD; AND RELATIONSHIP TO CHILD/CHILDREN:
__________
__________
__________6) CURRENT CUSTODY SCHEDULE:
____________________
__________
__________7) ISSUES/PROBLEMS/CONCERNS:
__________
__________
__________
__________
__________
__________8) CHILD SUPPORT ORDER DATE, AMOUNT AND ARREARAGES, IF ANY:
__________
YOUR PARENTING PLAN This parenting plan involves the following child/children:
Child's Name Date of Birth Where does this child live? 1.__________ __________ __________ 2. __________ __________ __________ 3. __________ __________ __________ If you have children not addressed by this parenting plan, name here:
Child's Name Age Where does this child live? 1.__________ __________ __________ 2. __________ __________ __________ 3. __________ __________ __________ Legal Custody (who makes decisions about certain things):
Circle one
DIET Both parties decide together/ Plaintiff / Defendant RELIGION Both parties decide together/ Plaintiff / Defendant MEDICAL CARE Both parties decide together/ Plaintiff / Defendant MENTAL HEALTH CARE Both parties decide together/ Plaintiff / Defendant DISCIPLINE Both parties decide together/ Plaintiff / Defendant CHOICE OF SCHOOL Both parties decide together/ Plaintiff / Defendant CHOICE OF STUDY Both parties decide together/ Plaintiff / Defendant SCHOOL ACTIVITIES Both parties decide together/ Plaintiff / Defendant SPORTS ACTIVITIES Both parties decide together/ Plaintiff / Defendant ADDITIONAL ITEMS Both parties decide together/ Plaintiff / Defendant Explain what process you will use to make decisions? (For example, the parent confronted with or anticipating the choice will call the other parent when the choice presents itself, and the other parent must agree or disagree within 24 hours of any deadline).
__________
__________
__________
__________
__________Physical Custody (where the child/children) will live): __________
The child's/children's residence is currently with __________
Describe which days and which times the child/children will be with each person:
Sunday: __________
Monday: __________
Tuesday: __________
Wednesday: __________
Thursday: __________
Friday: __________
Saturday: __________
Describe where and when the child/children will be dropped off and/or picked up (day and time of day)?
Drop-Off
Where: __________
When: __________
Pick-Up
Where: __________
When: __________
If one of you doesn't show up, how long will the other wait? __________
If there are any extraordinary costs (taxi, train, airplane, etc.), who will pay for which costs? __________
HOLIDAYS
Where will the child/children stay?
HOLIDAY EVEN YEARS ODD YEARS EVERY YEAR Martin Luther King Day __________ __________ __________ President's Day __________ __________ __________ Easter __________ __________ __________ Memorial Day __________ __________ __________ Independence Day __________ __________ __________ Labor Day __________ __________ __________ Yom Kippur __________ __________ __________ Rosh Hashanah __________ __________ __________ Thanksgiving __________ __________ __________ Vacation after Thanksgiving __________ __________ __________ Christmas Vacation __________ __________ __________ Kwanzaa __________ __________ __________ New Year's Eve/Day __________ __________ __________ Spring Vacation __________ __________ __________ Easter Sunday __________ __________ __________ Child's Birthday __________ __________ __________ Mother's Day __________ __________ __________ Father's Day __________ __________ __________ Other: __________ __________ __________ Other: __________ __________ __________ Summer Vacation Plans: __________
__________
__________
Special Activities or School Activities: __________
Child's Name Activity Will both of you attend?
If not, which of you will attend?__________ __________ __________ __________ __________ __________ __________ __________ __________
TEMPORARY CHANGES TO THIS PARENTING SCHEDULE From time to time, one of you might want or need to rearrange the parenting time schedule due to work, family or other events. You can attempt to agree on these changes. If you cannot agree, the parent receiving the request will make the final decision. The parent asking for the change will ask ____ in person ____ by letter/mail ____ by phone
No later than ____ 12 hours____ 24 hours ____ 1 week ____ 1 month
The parent being asked for a change will reply ____ in person ____ by letter/mail ____ by phone
No later than ____ 12 hours ____ 24 hours ____ 1 week ____ 1 month.
May parents contact one another? __________
When the child/children is/are with one of you, how may they contact the other parent? __________
__________When and how may _________________ contact the child? __________
__________In the event that proposed changes, disputes or alleged breaches of this parenting plan and custody order are necessary or desired, the parties agree that such changes will be addressed by the following method (specify method of arbitration, mediation, court action, etc.):
_________________________________________________________ .The following matter or matters as specified by the court: _____________________________________________________________________________ .
Other (anything else you want to agree on): __________
_________________________________________________________ .I VERIFY THAT THE STATEMENTS MADE IN THIS PARENT PLAN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. § 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
Date: _________________
_________________
Signature
AFFIDAVIT OF MY HOUSEHOLD I, _________________ , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities that:
1. The following adults live in my household:
FULL NAME DATE OF BIRTH 1. _________________ (self) __________ 2. _________________ __________ 3. _________________ __________ 4. _________________ __________ 5. _________________ __________ (Please use additional lines if necessary) 2. I and/or another adult living in my household have or have not been charged, convicted, pled guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows:
NO YES Me Adult in my Household Date [ ] [ ] Contempt for violation of a Protection from Abuse order or agreement; [ ] [ ] __________ [ ] [ ] Driving under the influence of alcohol or a controlled substance or drug; [ ] [ ] __________ [ ] [ ] Possession, sale, delivery, manufacturing or offering for sale any controlled substance or other drug or device; [ ] [ ] __________ [ ] [ ] Criminal homicide; Murder; [ ] [ ] __________ [ ] [ ] Aggravated Assault; [ ] [ ] __________ [ ] [ ] Terroristic threats; [ ] [ ] __________ [ ] [ ] Stalking; [ ] [ ] __________ [ ] [ ] Kidnapping; [ ] [ ] __________ [ ] [ ] Unlawful restraint; [ ] [ ] __________ [ ] [ ] Luring a child into a motor vehicle or structure; [ ] [ ] __________ [ ] [ ] Rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal or incest; [ ] [ ] __________ [ ] [ ] Arson and related offenses; [ ] [ ] __________ [ ] [ ] Concealing death of a child; [ ] [ ] __________ [ ] [ ] Endangering the welfare of children; [ ] [ ] __________ [ ] [ ] Prostitution and related offenses; [ ] [ ] __________ [ ] [ ] Obscene and other sexual materials; [ ] [ ] __________ [ ] [ ] Corruption of minors or unlawful contact with a minor; [ ] [ ] __________ [ ] [ ] Trading, bartering, buying, selling or dealing in infant children; and [ ] [ ] __________ [ ] [ ] Sex offender non-compliance with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa.C.S.A. § 3130 and 42 Pa.C.S. § 9795.2. [ ] [ ] __________ 3. I and/or another adult living in my household have present and/or past history or violent or abusive conduct including the following:
NO YES Me Adult in my Household Date [ ] [ ] 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; [ ] [ ] __________ [ ] [ ] Other: [ ] [ ] __________ 4. Children & Youth Services Involvement
[ ] The adults and/or child/children involved in this matter are not nor have they ever been involved in a Juvenile Court proceeding or with Children & Youth Services (CYS).
[ ] The adults and/or child/children involved in this matter are CURRENTLY INVOLVED in a Juvenile court proceedings at No. ______ or with Children & Youth Services (CYS). EXPLAIN INVOLVEMENT BELOW.
The Caseworker is: _________________ whose phone number is: ______ .[ ] The adults and/or child/children involved in this matter have PREVIOUSLY been involved in a Juvenile Court proceeding at No. ______ or with Children & Youth Services (CYS). EXPLAIN INVOLVEMENT BELOW.
The Caseworker was: _________________ whose phone number is: ______ .
The case was closed on: _________________ .
The involvement in the case is or was: ___________________________
_______________________________________________ .I CERTIFY THE ABOVE INFORMATION IS TRUE AS OF THE LAST THIRTY (30) DAYS.
_________________
SignatureL-1915.31. Custody Conciliation Conference.
(a) All parties and any child for whom primary physical custody 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 Child Custody Officer in the absence of that party. The absent party may also be subject to contempt proceedings, if appropriate.
(b) The Child Custody Conference Officer will conduct informal proceedings and allow the parties and their witnesses to participate. The Child Custody Conference Officer shall control the presentation of evidence and will determine the amount of time allotted to each party for presentation of his/her case. Counsel, or the party himself/herself if unrepresented, may summarize his/her case to the Child Custody Conference Officer. The Child Custody Conference Officer may take testimony from the parties and any witnesses by swearing in said parties and having said parties offer testimony under oath. The proceeding will not be transcribed. At the discretion of the Child Custody Conference Officer, a witness(es) may be permitted to participate via telephone pursuant to Administrative Order 2004-1, In Re Family Court, dated October 26, 2004, pertaining to telephone testimony and subject to subsection (e) below. The conference will last no longer than one-half (1/2) day unless the Child Custody Conference Officer deems one or more issues complex in which event additional proceedings may be scheduled. If an agreement is reached, the agreement shall be prepared and signed in the form of a Custody Consent Order. If no agreement can be reached, the Child Custody Conference Officer will prepare a Summary Report and Recommended Order and forward same to the Court for the Court's consideration.
(1) The Summary Report and Recommended Order will be prepared and presented to the court within ten days of the date of the proceeding. The Summary Report will include the following:
a. The results of mental and physical evaluations and home studies, if any.
b. Findings of fact on jurisdiction or venue issues, if in question.
c. Recommendations for custody/visitation.
(c) The Recommended Order will normally be signed by the Family Court Judge to whom the case is assigned.
(1) The Recommended Order will become a final order unless a Request for Custody Trial De Novo and Pretrial Conference is filed within twenty (20) days after the Recommended Order is mailed or received by the parties, whichever occurs first. A copy of the order shall be provided to the parties by the Prothonotary in accordance with Pa.R.C.P. 236 with a copy to the Civil Division of the Court Administrator's Office.
(2) If a party makes a timely request for a Trial De Novo and Pretrial Conference, the Recommended Order will remain in effect pending further order of the Court.
(d) After the Family Court Judge to whom the case is assigned signs the Recommended Order, the attorneys representing the parties, or the parties if acting pro se, may review the Summary Report in the Court Administrator's Office—Civil Division within the twenty (20) day time period specified in paragraph (c)(1) above. The Summary Report will not be filed in the Prothonotary's Office. It will not be released from the Court Administrator's Office—Civil Division, nor may parties or attorneys make copies of the Summary Report.
(e) A party requesting to participate by telephone shall submit written consent from the opposing party(parties) to the Civil Division of the Court Administrator's Office. If represented by counsel, counsel shall provide written consent to the Civil Division of the Court Administrator's Office at least ten (10) days prior to the conference. If no consent is given by the opposing party to the requesting party (parties), relief must be obtained from the Custody Conference Officer or Hearing Officer pursuant to Administrative Order 2004-1, In Re Family Court, dated October 26, 2004, pertaining to telephone testimony. The requesting party shall contact the Civil Division of the Court Administrator's Office to seek such relief.
L-1915.32. Interim Orders.
(a) At the time of the initial custody meeting where issues regarding the temporary rights of the parties to custody or visitation of a non-emergency nature, as well as the arrangements for psychiatric or psychological examinations, home evaluations, and/or drug testing, are presented to the Child Custody Conference Officer, the Officer may submit to the Family Court Judge to whom the case is assigned a proposed interim order which will be reviewed by the Court and signed, if the Court deems the order appropriate. A copy of this signed order will be provided to the parties by the Prothonotary in accordance with Pa.R.C.P. 236 with a copy to the Civil Division of the Court Administrator's Office.
(b) Any person not satisfied with the interim order may pursue an application for special relief in accordance with Local Rule 1915.13.
L-1915.33. Request for Custody Trial De Novo and Pretrial Conference.
(a) A party may file a Request for Custody Trial De Novo and Pretrial Conference in the Washington County Prothonotary's Office within twenty (20) days after the Recommended Order issued following the Custody Conciliation Conference is mailed or received by the parties, whichever occurs first. The request must be presented to the Family Court Judge to whom the case is assigned for the scheduling of the Pretrial Conference. Form of Order may be found at Appendix G / Custody.
(b) A copy of the filed request with the scheduled Pretrial Conference date and time must be served on the other counsel, or if the party is a pro se litigant, the request must be served on the party. A copy must be delivered to the Civil Division of the Court Administrator's Office.
(c) A Trial De Novo will be scheduled, barring extenuating circumstances, within ninety (90) days of the request. The Pretrial Conference shall be held during the period between the request for Custody Trial De Novo and the scheduled hearing. Any psychological reports ordered should be obtained during the same period and presented to the Family Court Judge to whom the case is assigned, along with the parties' Pretrial Statements, at least forty-eight (48) hours in advance of the Pretrial Conference.
APPENDIX G / CUSTODY
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CIVIL DIVISION _________________
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Plaintiff,
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-vs-
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_________________
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Defendant.
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No. _________________
ORDER AND NOW, this ____ day of _________________ , 20____ , upon the request of ______ for Trial De Novo, a Pretrial Conference in the above-referenced matter is scheduled for the ____ day of ______ , 20 ____ , at ____ o'clock ____ .m. All parties are to be present and Pretrial Statements are due at least forty-eight (48) hours before the conference date.
The Court further directs all parties to immediately contact Southwestern Pennsylvania Human Services at the C.A.R.E. Center, Inc., 75 East Maiden Street, Suite 100, Washington, PA 15301, phone number (724) 229-3430 or (724) 229-4620. The parties are to enroll in and successfully complete the programs on Parenting, Improved Communication Skills and Conflict Resolution, as well as Individual and Family Counseling. Each party must contact the C.A.R.E. Center and schedule an appointment with that organization before Trial De Novo. In the event that any of the parties fail to schedule an appointment and/or actively participate in the counseling sessions directed by the Court, the offending party may be subject to sanctions upon proper Motion.
BY THE COURT:
_________________ J.L-1915.34. Pretrial Child Custody Conference Before the Court.
(a) All parties and any child for whom custody or visitation is sought shall be present at the judicial pretrial custody conference unless said required attendance is waived by way of Court Order. Failure of a party to appear at the judicial pretrial custody conference may result in the entry of a custody/visitation order by the court.
(b) The court will attempt to obtain a consent agreement on any pending custody issues. Any agreement shall be reduced to writing and entered as an order of court. Upon request, the Family Court Judge to whom the case is assigned will meet privately with the parties' counsel in an attempt to better define the issues and settle the custody dispute.
L-1915.35. Uncontested Motions Verification Form.
In an effort to comply with the local rules, any party may utilize the Family Court Judge's Uncontested Motions Verification Form, which shall be in the format contained in Appendix H / Custody.
APPENDIX H / CUSTODY
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION _________________
)
)
Plaintiff,
)
)
-vs-
)
)
_________________
)
)
Defendant.
)
No. _________________
UNCONTESTED MOTIONS VERIFICATION FORM I, _________________ , Esquire, hereby represent to the Court, as indicated by the signature of opposing counsel or litigant(s) below (facsimile accepted), as the case may be, that the attached motion has been served on opposing counsel/litigant(s). I further acknowledge and agree to be responsible for retrieving the instant motion after it is signed by the Judge, filing of said motion and order, and service of a copy of the order on all opposing counsel/litigant(s), all in a timely fashion.* I understand that failure of myself or my client to appear for scheduled hearings may result in imposition of penalties and/or sanctions in the form of fines or attorney's fees upon myself, and/or my client.
__________
Opposing Counsel/Litigant(s)
__________
Date
__________
Phone Number__________
Presenting Attorney
__________
Date
__________
Phone Number*In cases where a hearing date is to be scheduled, please advise the Judge's secretary of any special scheduling requests, such as vacations, conflict dates, etc.; otherwise a date will be assigned.
L-1935.36. Consent Agreements.
(a) When parties have reached a consent agreement concerning custody of their minor child(ren) and the appointment of a Child Custody Conference Officer is unnecessary, the party(parties) may seek to have the consent agreement approved by the Court and may submit a Court Order by using the following procedure:
(1) A Custody Complaint in substantial compliance with Pa.R.C.P. 1915.15(a) shall be prepared for filing with the Prothonotary's Office,
(2) The parties shall prepare and sign a Custody Consent Agreement with the appropriate order attached,
(3) The Custody Complaint and the Custody Consent Agreement with proposed Order attached shall be presented to the Family Court Judge to whom the case is assigned in Motions Court for Court Approval,
(4) The Custody Complaint and the Custody Consent Agreement with signed Order attached shall be filed with the Prothonotary's Office after paying the appropriate filing fees and costs, and
(5) A conformed, stamped copy of the filed Custody Complaint and the Custody Consent Agreement with Order attached shall be provided to the Family Court Judge to whom the case is assigned for purposes of the Judge's record keeping.
(b) If the custody issue arises from a count in a divorce complaint or counterclaim, there is no need to draft and file a custody complaint as outlined in (a) above or L-1930.27(a). Rather, the party(parties) should include the divorce case number on the proposed Order attached to the Custody Consent Agreement before presenting it to the Family Court Judge to whom the case is assigned.
(c) When using these procedures, there is no condition precedent that the parties attend the Parenting Program set forth in L-1915.4.
[Pa.B. Doc. No. 13-1847. Filed for public inspection October 4, 2013, 9:00 a.m.]
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