WESTMORELAND COUNTY Rescinding Rule W1915.10 and Adopting New Rule W1915.10; No. 3 of 2006 [36 Pa.B. 1216] Order And Now, this 2nd day of March, 2006, It Is Hereby Ordered that Westmoreland County Rule of Civil Procedure W1915.10 is rescinded and new Rule W1915.10 is adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
DANIEL J. ACKERMAN,
President JudgeRule W1915.10 Request for Custody Pretrial Conference. Pretrial Conference. Decision.
(a) A party may file a Request for a 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 Request, the moving party shall deliver the Request 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 Request need not be filed. (See: W1915.8(a).)
(b) The moving party must serve a copy of the Request and signed Scheduling Order on the other counsel/parties, and on the Family Court Administrator (Custody Office) within 3 days of receiving the signed Order. The Request 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 ) ) REQUEST FOR CUSTODY PRETRIAL CONFERENCE I, ______ , hereby request a pretrial conference before the Court of Common Pleas. This Request is being filed within 30 days of the date of Service of the Custody Order.
The issues to be considered are:
______ Relocation ______ Time/Length/Number of Visits ______ Primary Residence
Other: __________
__________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: __/__/____ __________Signature Petitioner or Petitioner's Counsel
Printed Name: __________
Address: __________
__________
Telephone No: ( )
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(d).
BY THE COURT:
Date: ______ _________________ , J
CERTIFICATE OF SERVICE I hereby certify that I will serve a copy of this Request and Order within 3 days of receiving the signed Order.
Date: __/__/____ __________Signature Petitioner or Petitioner's Counsel
(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.
[Pa.B. Doc. No. 06-421. Filed for public inspection March 17, 2006, 9:00 a.m.]
