THE COURTS

Title 255—LOCAL COURT RULES

WESTMORELAND COUNTY

Judicial Custody (Pretrial) Conference; No. 3 of 2024

[54 Pa.B. 7553]
[Saturday, November 23, 2024]

Administrative Order of Court

 And Now, this 5th day of November 2024, It Is Hereby Ordered that, effective 30 days after publication in the Pennsylvania Bulletin, Westmoreland County Rule of Civil Procedure W1915.4-4(b) is hereby rescinded and adopted in the form set forth in Exhibit ''A,'' following hereto.

By the Court

CHRISTOPHER A. FELICIANI, 
President Judge

Rule W1915.4-4(b). 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 five days prior to the pre-trial conference.

 (b) All parties and any child for whom any form of custody is sought shall be present at the Judicial Custody Conference unless either waived by the parties or their counsel, or Westmoreland County Rules of Civil Procedure 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 __________
Relationship to witness: __________		Relationship to witness: __________
Address __________		Address __________
__________		__________
Tel. No. __________		Tel. No. __________
Name __________		Name __________
Relationship to witness: __________		Relationship to witness: __________
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: __________

__________

__________

__________

__________

__________

__________

CUSTODY FACTORS

FACTOR	MOTHER	PARTY THIS FACTOR FAVORS?	FATHER
(1) Which party is more likely to ensure the safety of the child.
(2) The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(2.2) Violent or assaultive behavior committed by a party.
(2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.
(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, except if changes are necessary to protect the safety of the child or a party.
(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 developmental stage, maturity and judgment.
(8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party's reasonable concerns for the safety of the child and the party's reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party.
(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 or self 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.

PLEASE ATTACH REQUESTED STIPULATION OF FACTS.

__________		__________
Printed Name		Identify (Plaintiff, Defendant, Counsel, etc.)
__________		__________
Signature		Date

[Pa.B. Doc. No. 24-1664. Filed for public inspection November 22, 2024, 9:00 a.m.]

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