Westmoreland Cnty. C.P. Civil Rules 14

automobile insurance coverage, as defined in Title 75 P.S. § 1705(a) and (b)?

_____ Limited Tort Option (no claim can be made for non-monetary damages)

_____ Limited Tort Option (claim can be made for non-monetary damages

because the injuries fall within the definition of serious injury or because

one of the exceptions set forth in 75 P.S. § 1705(d)(1) – (3) applies)

_____ Full Tort Option

Note: This rule does not affect the provisions or requirements of Pa.R.Civ.P. 1305.

Note: This rule does not preclude additional discovery under the Pennsylvania Rules of

Civil Procedure in cases appealed pursuant to Pa.R.C.P. § 1308.

Adopted November 2, 2006, effective January 1, 2007.

RULE W1302 SELECTION OF ARBITRATORS

(a) The court administrator shall maintain a master list of arbitrators consisting of attorneys

actively engaged in the practice of law primarily in Westmoreland County. The master

list shall consist of names submitted by the Westmoreland Bar Association together

with names of qualified attorneys who individually apply to the court administrator. The

master list shall be maintained in alphabetical order, except for those submitted at a later

date in which case they shall be added chronologically based upon the date of

application. The master list shall indicate the attorney’s name, bar admission date,

identification number, and firm or association name.

(b) The court administrator shall assign each case on the arbitration list to a board

consisting of three members chosen from the master list. At least one arbitrator shall

have practiced law for at least three years. No two members shall be appointed from the

same firm or association of attorneys, nor shall an attorney be appointed to a board who

shall be related by blood or marriage or who shall be a law partner or an associate of any

arbitrator or attorney of record in the case. Any attorney who shall be disqualified for

appointment to a board for any foregoing reasons, shall be appointed to another board

for which he/she shall not be disqualified.

(c) The court administrator shall not release the case assignments until the time of hearing,

at which time it shall be assigned and the appropriate room in which it is to be heard

shall be designated. The assigned judge or his designee may direct that a case be listed

specially with appropriate notice to both parties.

(d) The court will establish the amount and method of compensation for arbitrators. The

members of the board shall not be entitled to receive their fees until after filing a report

and award with the court administrator.

Adopted December 16, 1993, effective April 1, 1994.

RULE W1303 HEARING

(a) With the exception of Landlord/Tenant appeals, which will be scheduled on the first

available date following 60 days from filing of the Complaint, the court administrator

shall schedule the case for arbitration upon receipt of a Certificate of Readiness.

(b) The court administrator shall, 30 days prior to the arbitration date, provide notice of the

hearing date to the parties. The Notice shall, pursuant to Pa.R.C.P. 1303(a)(2), contain

the following:

Notice of Duty to Appear at Arbitration Hearing

This matter will be heard by a board of arbitrators at the time, date and

place specified but, if one or more of the parties is not present at the hearing, the

matter may be heard at the same time and date before a judge of the court without

the absent party or parties. There is no right to a trial de novo on appeal from a

decision entered by a judge.

Note: This local rule results in the loss of the right to a trial de novo on appeal. A dismissal or

judgment which results from this local rule will be treated as any other final judgment in

a civil action, subject to Pa.R.C.P. 227.1.

(c) A party must notify the court administrator in advance of scheduling in the event that

party believes it will need more than forty-five minutes to present its case.

(d) The court shall promulgate rules of procedure and rules of conduct to be followed by

various boards of arbitration. These rules shall be available through the court

administrator.

(e) All requests for continuance shall be submitted on a form available through the court

administrator. The court administrator may grant a maximum of two continuances

provided there is no objection. Any additional continuances must be approved by the

assigned judge.

Rescinded September 18, 2014; New Rule W1303 adopted September 18, 2014, effective January 1,

2015.

RULE W1304 CONDUCT OF HEARING – GENERALLY

The board of arbitrators or a majority of the members thereof shall conduct the hearing

with due regard to the law and according to the established rules of evidence. The board shall

have the general powers of a court including administering oaths or affirmations, determining

admissibility of evidence, permitting testimony to be offered by depositions, and deciding the

law and the facts of the case submitted to them.

Adopted December 16, 1993, effective April 1, 1994.

RULE W1305 CONDUCT OF HEARING – EVIDENCE

Each document submitted pursuant to Pa.R.C.P. 1305(b) shall state the name and

present address of the individual or entity who provided the information contained in the

document.

Adopted December 16, 1993, effective April 1, 1994.

Note: Rule W1308 was rescinded effective January 1, 2007.

RULE W1312 AWARD

(a) The oath or affirmation shall be administered by the court administrator.

(b) The Report and Award shall be in the form set forth in Pa.R.C.P. 1312.

(c) Arbitrators may not award punitive damages.

(d) Arbitrators may award costs.

(e) Arbitrators may award possession in Landlord/Tenant matters.

(f) Arbitrators may award possession and monetary value of the property or special damages

sustained in a replevin action.

(g) Monetary awards shall not exceed the jurisdictional limit of $30,000 exclusive of interest

and costs.

Note: A copy of the Form of Oath, Award and Notice of Entry of Award form is provided in the

Forms section of the Westmoreland County Rules of Court.

Note: With regard to recovery of costs, see Mancini v. Southwestern Pennsylvania Transportation

Authority, 756 A.2d 108, 110 (Pa. Cmwlth. 2000) and Sillings v. Protected Home Mutual Life Ins.

Co. 84 W.L.J. 7 (2001).

Note: See: Zelenak v. Mikula, 911 A.2d 542 (Pa. Super. 2006) as to what is included in record

costs.

Note: See: Comment to Pa.R.C.P. 1301 for awarding possession and damages in replevin cases.

Rescinded September 18, 2014; New Rule W1312 adopted September 18, 2014, effective January 1,

2015.

ACTION IN EQUITY

RULE W1531 SPECIAL RELIEF. INJUNCTIONS

Where a preliminary or special injunction (one needing immediate relief) is assigned to a

judge who is unavailable, the Court Administrator (the civil division of the court administrator’s

office) shall reassign the case to a judge who is immediately available.

Rescinded May 10, 2004; New Rule W1531 adopted May 10, 2004, effective July 26, 2004.

ACTIONS PURSUANT TO PROTECTION FORM ABUSE ACT

Rule W1901.8 Withdrawal of PFA or PSVI

The following form may be used to seek permission to discontinue a Protection from

Abuse or Protection from Sexual Violence or Intimidation Petition after entry of a

temporary order:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PA

CIVIL DIVISION – PROTECTION FROM ABUSE/PROTECTION FROM SEXUAL VIOLENCE AND

INTIMIDATION

)

)

Plaintiff, )

)

vs. ) No. of

)

)

)

Defendant. )

PETITION TO DISCONTINUE

OF PROTECTION FROM ABUSE OR PROTECTION FROM SEXUAL VIOLENCE AND

INTIMIDATION ACTION

I, , Plaintiff in the above-captioned

action, voluntarily request that my Protection from Abuse or Protection from Sexual Violence

and Intimidation action and Protection Order filed at the above-captioned number be

vacated.

I realize that by discontinuing my petition for a protection order, the Defendant is not

prohibited from having any form of direct or indirect contact with me. This discontinuance

does not prohibit me from petitioning for protection from abuse based on future incidents of

abuse, as defined by the Protection from Abuse Act or Protection from Sexual Violence and

Intimidation Act.

I further understand that by discontinuing my petition, I am not presently protected by any

Order of Court. I will receive a copy of the vacated Order.

I am discontinuing this Protection from Abuse action or Protection from Sexual Violence and

Intimidation of my own free will.

I verify that the statements made in this petition to discontinue a Protection from Abuse

action or Protection from Sexual Violence and Intimidation are true and correct. I understand

that false statements herein are subject to the penalties of Title 18, §4904, of the Pennsylvania

Consolidated Statutes relating to unsworn falsification to authorities.

_________________________

Date Plaintiff

Adopted January 2, 2025, effective February 17, 2025.

ACTIONS FOR SUPPORT

Note: Rules W1910.4 and 1910.5 were rescinded effective November 21, 2000.

RULE W1910.10 ALTERNATIVE HEARING PROCEDURES

Actions in support shall proceed under Rule W1910.12.

Adopted October 7, 1996, effective December 2, 1996.

RULE W1910.11 OFFICE CONFERENCE

(a) The noncustodial parent should be prepared to pay the accumulated support due

(arrearages) at the time of the conference.

(1) All accumulated support due from the entry of the complaint is due immediately

upon entry of the temporary or consent support order.

(2) Upon verification, credit towards accumulated support due may be given to the

defendant for direct payments to the plaintiff made prior to or at the conference.

(3) If an order is not entered at the time of the conference, payment of accumulated

support due up to the date the order is received is due immediately upon receipt

of the order.

(b) The filing of a Petition for a de novo proceeding before a hearing officer shall not stop

payment of accumulated support due or payments pursuant to the temporary order.

(c) When a wage withholding order is issued, the defendant shall make payments to the

State Collection and Disbursement Unit (SCDU) until payroll deductions begin.

Adopted June 29, 2005, effective August 15, 2005.

RULE W1910.12 OFFICE CONFERENCE. HEARING. RECORD. EXCEPTION.

ORDER.

(a) Hearings

(1) Hearings before a hearing officer will not be scheduled unless demanded. No

demand for a hearing officer will be accepted if an agreement is reached at the

office conference.

(2) When demanding a hearing before a hearing officer, the demanding party must

pay costs in the amount of $50.00 to the domestic relations section. No hearing

will be scheduled unless costs are paid within ten (10) days of the mailing of the

interim order.

(3) The demanding party shall serve a copy of the demand for a hearing on the non-excepting counsel or party if not represented.

(4) The domestic relations section shall give each counsel or party if not represented

notice of the date, time, and place of the hearing.

(b) Exceptions

(1) Upon filing exceptions to the hearing officer’s report, the excepting party shall:

A. Serve on the domestic relations section a copy of the exceptions and

deposit $50.00 toward the cost of transcript preparation.

B. Serve a copy of the exceptions on the non-excepting counsel or party if

not represented.

(2) The domestic relations section shall:

A. Notify the assigned judge, receive a time and date for the hearing on the

exceptions, and notify all counsel of record, or parties, if not represented

of the time and date of the hearing.

B. Bill the excepting party the balance of the transcription fee when the

transcript is delivered.

(3) Oral arguments shall be restricted to issues addressed in written briefs filed as

follows:

A. The excepting party must file a brief with a copy to the assigned judge

and opposing counsel or party, if not represented, no later than 20 days

before the hearing.

B. The non-excepting party must file a brief with a copy to the assigned

judge and opposing counsel or party, if not represented, no later than 10

days before the hearing.

NOTE: The form of briefs is governed by W210.

Rescinded May 7, 2004; New Rule W1910.12 adopted May 7, 2004, effective June 1, 2004.

RULE W1910.19 PETITION FOR MODIFICATION

(a) The domestic relations office will not accept for filing a petition which seeks any of the

following without leave of court:

(1) To decrease a minimum order of $50.00 or less; or

(2) To modify an order that is on appeal to the court pursuant to a recommended

order; or

(3) To modify a support order because the petitioner has voluntarily left a job; or

(4) To modify an order which has been entered within the past six months.

(b) The domestic relations office will provide notice of the refusal to the party seeking the

modification.

(c) Petitions filed for leave of court shall be presented to the court in accordance with

Westmoreland County Rule of Civil Procedure W1920.6.

(d) If leave of court is granted to file the petition for modification, the date of the first

attempted filing shall be used as the filing date.

(e) The petitioner shall pay a fee of $25.00 to the domestic relations office with the filing of

each petition for modification.

Adopted December 16, 1993, effective April 1, 1994.

RULE W1910.21 SUPPORT ORDER. ENFORCEMENT. WITHHOLDING OF

INCOME.

Pursuant to Pa.R.C.P. 1910.21(f), upon review of the Domestic Relations Section and

without the need of a hearing, the DRS may administratively assess a payment of no more than

15% of the obligation toward any arrearages, current or future.

Adopted June 29, 2005, effective August 15, 2005.

Note: Rule W1910.26 was rescinded effective November 21, 2000.

Note: Rule W1910.27 was rescinded effective December 3, 2000.

Note: Rule W1910.39 was rescinded effective November 21, 2000.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY

AND VISITATION OF MINOR CHILDREN

Note: Rule W1915.1 was rescinded effective April 3, 2000.

RULE 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.

(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.

Rescinded March 23, 2013; New Rule W1915.3 adopted March 13, 2013, effective May 27, 2013.

Amended and adopted August 26, 2025, effective October 6, 2025.

RULE W1915.3-5 PARTICIPATION IN PROCEEDINGS BY INCARCERATED

PARTY.

Any party to a custody action who is incarcerated and wishes to participate in any

proceeding shall make a formal request to the Court for transportation to the proceeding or for

participation by electronic means.

Adopted January 31, 2014, effective March 24, 2014.

RULE W1915.4 CHILD PROGRAM.

All parties shall be given an ORDER pursuant to this Rule to attend the Children Hurt in

Loss Through Divorce/Separation (CHILD) Program prior to the Pretrial Conference,

Modification Hearing, or Contempt Hearing, and to provide proof of attendance to the Court at

the conference or hearing.

Rescinded January 31, 2014; New Rule W1915.4 adopted January 31, 2014, effective March 24,

2014.

Note: Rule W1915.4-1 was rescinded effective May 27, 2013.

Note: Rule W1915.4-2 was rescinded effective May 27, 2013.

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.

Rescinded March 25, 2013; New Rule W1915.4-3 adopted March 25, 2013, effective May 27, 2013.

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 pretrial 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 FATHER

FACTOR

FAVORS?

(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

FACTOR MOTHER PARTY THIS FATHER

FACTOR

FAVORS?

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

FACTOR MOTHER PARTY THIS FATHER

FACTOR

FAVORS?

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.

FACTOR MOTHER PARTY THIS FATHER

FACTOR

FAVORS?