WESTMORELAND COUNTY Rescinding Rules W1915.3—W1915.17; Adopting New Rules W1915.3—W1915.17; No. 3 of 2013 [43 Pa.B. 2309]
[Saturday, April 27, 2013]Order And Now, this 25th day of March, 2013 It Is Hereby Ordered that current Westmoreland Rules of Civil Procedure W1915.3 through W1915.17 are rescinded and that new Rules of Civil Procedure W1915.3 through W1915.17 are adopted.
By the Court
GARY P. CARUSO,
President JudgeActions for Custody, Partial Custody and
Visitation of Minor ChildrenRule 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. Forms are available at the Westmoreland Pro Bono Office on the fourth floor of the Westmoreland County Courthouse or on-line at www.co.westmoreland.pa.us.
(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.
(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 W1915.4-3. Custody Conciliation Conference.
(a) Each party shall submit to the Westmoreland County Family Court Administrator (Custody Office) at the time of the conference a completed Westmoreland County Parent Information Form and proof of his or her most recent earnings. The Parent Information Form is available from the Westmoreland County Custody Office or on-line at www.co.westmoreland.pa.us.
(b) The parties may file with the family court administrator (custody office), an Election to Proceed Through Mediation. The party filing the Election to Proceed Through Mediation must Certify that all parties agree to mediation. Upon receipt of the Election and Certification, the family court administrator shall continue the scheduled Conciliation Conference, and inform the mediator to schedule the Mediation.
(c) The parties may also at any time file a Consent Custody Agreement with the family court administrator (custody office). Forms are available from the Westmoreland Pro Bono Office on the fourth floor of the Westmoreland County Courthouse Annex or on-line at www.co. westmoreland.pa.us.
(d) If neither an Election to Proceed Through Mediation pursuant to subsection (b), nor a Custody Agreement pursuant to subsection (c) are filed with the family court administrator (custody office), the Conciliation Conference shall proceed as follows:
(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 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, who is an attorney, shall conduct the non-record, informal Conciliation Conference actively engaging the parties in order to reach an agreement. The parties are given the opportunity to present the issues or problems and to explore all available options for resolution.
(3) A Custody Agreement form is completed and signed when an agreement is reached.
(4) If the parties cannot agree, the custody conference officer will forward a report and recommended Order to the court.
A. The report shall contain the following:
1. An indication that the parties consent to 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.
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 Request 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 the court orders an evaluation, the order will also direct that a Pretrial Conference be scheduled. The Request requirement of subsection C. does not apply when the Pretrial Conference is ordered.
E. The Request For Custody Pretrial Conference is available at the family court administrator (custody office) on the fourth floor of the Westmoreland County Courthouse Annex or on-line at www.co.westmoreland. pa.us.
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 before the mediator shall remain confidential except as provided at 42 Pa.C.S.A. § 5949(b). Confidentiality 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 mediator 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.
(a) The court may order Evaluations in accordance with Pa.R.C.P. 1915.8 on its own motion, if consented by the parties and indicated in the report of the custody conciliation officer, or in ruling on a motion or petition of either party. In the event an evaluation is ordered, a Pretrial Conference will be automatically scheduled.
(b) Failure to pay for the examination as ordered may result in contempt proceedings and appropriate penalties as provided in Pa.R.C.P. 1915, et seq.
Rule 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 are available at the Westmoreland County Custody Office on the fourth floor of the Westmoreland County Annex or on-line at www.co.westmoreland.pa.us.
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.
Custody forms are available at the Westmoreland Pro Bono Office on the fourth floor of the Courthouse Annex or on-line at www.co.westmoreland.pa.us.
Rule W1915.17. Judicial Custody (Pretrial) Conference.
(a) The Pretrial Narrative Form, which may be obtained from the custody office or on-line at www. co.westmoreland.pa.us, shall list all witnesses, including experts. It shall be completed by the parties or counsel and must be filed, submitted to the court, and served on the opposing party at least ten days prior to the Pretrial Conference.
(b) All parties and any child for whom custody or visitation is sought shall be present at the Judicial Custody Conference unless either waived by the parties or their counsel, or 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.
[Pa.B. Doc. No. 13-767. Filed for public inspection April 26, 2013, 9:00 a.m.]
