Rule 1915.4-2 - OFFICE CONFERENCE. PROCEEDINGS(a) Except as provided for at Local Rule 1915.4-1, all custody complaints and petitions for modification shall initially be conciliated by a conference officer at an office conference.(b) The office conference is not a hearing but an opportunity for parties to reach agreement early in the custody process. No evidence or testimony is presented. Ordinarily, conferences shall not last more than one hour. The objectives of the office conference are: (1) To facilitate immediate agreement and the entry of consent orders where the nature of the parties' dispute is minor and can be resolved quickly without the need for trial;(2) To identify those cases not appropriate for resolution within the context of the conciliation process; and(3) To identify the need for referral to outside professionals or agencies and to provide the parties with information and other assistance needed to accomplish such referral.(c) Participation in the office conference: (1) Children and Third Parties: Children and third parties, other than attorneys, shall not be present for or participate in conferences. Exceptions may be made at the discretion of the Court.(2) Parties must participate in conferences in a cooperative manner and at all times adhere to the directives of the person conducting the conference.(3) Prior to agreeing to a custody order, a party may consult with her or his attorney, and a reasonable opportunity to do so will be provided by the conference officer.(d) An attorney who attends an office conference with a client will participate consistent with the following standards:(1) The manner and scope of participation in conferences shall be determined by the conference officer;(2) Attorneys shall fully cooperate with the efforts of the conference officer to facilitate the agreement of the parties;(3) Counsel shall at all times behave in a professional manner and refrain from engaging in hostile or antagonistic conduct directed toward any conference participant;(4) Attorneys shall advise their clients in a manner not disruptive of the conciliation process which may require consulting with the client outside the conference room; (5) Attorneys shall not engage in legal argument, except that counsel may advise of legal issues relevant to the formation of an interim or consent order;(6) Counsel shall not attempt to question the other party, present evidence or engage in conduct characteristic of any adversarial proceedings;(e) All agreements reached at an office conference, whether a full or partial agreement, shall be reduced to a Consent Agreement and shall be signed by the parties immediately upon conclusion of the proceeding. If the parties partially agree or agree to reschedule the office conference, an interim order containing the agreed upon terms of the parties may be submitted to the duty judge for approval of the court.(f) If no agreement is reached at the office conference, the case shall be promptly referred by the Custody Conciliation Office to Family Court Administration for trial; except that actions for partial custody or supervised physical custody shall be assigned to a hearing officer and shall proceed in accordance with Pa.R.C.P. 1915.4-2(b) and Local Rule 1915.4-2(g) below. The conference officer shall prepare a summary report detailing the parties' respective positions, which shall be filed and submitted to the hearing officer and the parties.(g) Hearing before the Hearing Officer. (1) In accordance with Pa.R.C.P. 1915.4-2, parties, after an unsuccessful office conference, will be scheduled for a custody hearing before a hearing officer.(2) A pretrial order will be issued which directs parties to submit a pretrial narrative statement and parenting plan. The pretrial narrative statement and parenting plan is due ten (10) days prior to the scheduled hearing date and may be dropped off or mailed to the Custody Conciliation Office at the Erie County Courthouse.(3) Continuance requests for custody hearings will be considered only if made in writing and containing the written consent of all parties. Such requests shall be presented to the Custody Office for consideration by the hearing officer.(4) The hearing shall be conducted in accordance with Pa.R.C.P. 1915.4-2.(5) The Court may issue an interim order consistent with the hearing officer's proposed order. If exceptions are filed, the interim order shall continue in effect.(6) Exceptions may be filed to the custody hearing officer's report and proposed order pursuant to Pa.R.C.P. 1915.4-2. If filing exceptions, in addition to those requirements contained in Pa.R.C.P. 1915.4-2, Erie County requires the following: i. A copy of the hearing officer's report and proposed order from which the exceptions are filed must be attached to the exceptions.ii. When filing exceptions, a transcript must be ordered from the Court Reporter's Office in accordance with Erie County Rules of Judicial Administration 4001-4008. A copy of the completed Transcript Request Form, along with a transcript deposit receipt or proof of transcript fee waiver, shall be attached to the original exceptions. The only time a transcript is not necessary is if the exceptions are not based on the testimony contained in the record. If both parties file exceptions to the report and proposed order of the hearing officer, they shall equally bear the cost of the transcript of testimony. If a party fails to pay for the transcript or obtain a waiver of the cost of the transcript, the court reporter shall notify the court, after which the exceptions of the non-paying party may be dismissed by the judge if the transcript was needed for determining the exceptions.iii. The original exceptions shall be timely filed with the Prothonotary's office at the Erie County Courthouse. Within twenty (20) days of filing the exceptions, a time stamped copy must be delivered to Court Administration.iv. The party filing exceptions must also serve a time stamped copy on the opposing party or that party's counsel of record.v. Once exceptions and all related documents are filed with the Prothonotary and a copy is provided to Court Administration, argument on the exceptions will be placed on the next available argument list for an assigned judge. The Court will issue an order and serve notice on all parties of the date and place of argument.Amended effective 7/1/2020; amended effective 8/1/2022.