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Adams Cnty. C.P. Rules of Civil Procedure Rule 430

Legal Publication

activein force · 2026-09-30 – presentact-effective-date

Note: See Adams County Rule of Judicial Administration No. 110.

ACTIONS

Rule 1018.1. Notice to Defend.

A. The following is designated to be named in the Notice to Defend as the organization

from which information can be obtained:

Court Administrator

Adams County Courthouse

111-117 Baltimore Street

Gettysburg, PA 17325

Telephone: (717) 337-9846

B. The Court Administrator, upon receiving oral or written inquiry as a result of the endorsement

on any pleading, shall furnish the name and telephone number of an appropriate member of the Legal Aid

Committee of the Adams County Bar Association or immediately forward to the inquiring party a

prepared list of the names, addresses, and telephone numbers of all the resident members of the Bar of

Adams County, or both. The Court Administrator shall include on such list Mid-Penn Legal Services, Inc.,

432 South Washington Street, Gettysburg, PA 17325; Telephone number (717) 334-7623.

C. Copies of a Spanish translation of the Notice to Defend shall be made available by the Court

Administrator upon request.

Rule 1028(c). Preliminary Objections.

A. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(2), (3), or (4).

1. Brief. A party filing preliminary objections pursuant to this subparagraph shall file a supporting

brief within ten (10) days of the date of the filing of the preliminary objections. If a supporting brief is not

filed within ten (10) days of the filing of the preliminary objections, the preliminary objections shall be

deemed withdrawn and, upon praecipe, the Court shall enter an Order directing the objector to file an

appropriate pleading.

2. Responsive brief. If a supporting brief is filed by the petitioner, the respondent shall file a

responsive brief within twenty (20) days after service of the supporting brief. Any party who fails to file a

responsive brief shall be deemed not to oppose the objections. Upon praecipe, the Court will enter an

Order granting the preliminary objections except that no civil action or proceeding shall be dismissed with

prejudice for failure to comply.

3. Oral argument. Preliminary objections shall be decided on briefs alone unless the Court orders

oral argument. If a party desires oral argument, then, in the case of the party filing the preliminary

objections, a written request for oral argument must be filed with the preliminary objections. If a

responding party desires oral argument, a written request for oral argument shall be filed with the Court

within ten (10) days after service of the preliminary objections. Oral argument shall be held at such time

and place as the Judge shall direct.

4. Procedure. Upon the filing of preliminary objections pursuant to this subparagraph, the

Prothonotary shall immediately docket the preliminary objections and expeditiously transmit the file to an

appropriate Judge. Referrals to Judges for disposition of preliminary objections shall be made on a

rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to an appropriate

referral, the case shall be transmitted to the Court Administrator for assignment. Once the preliminary

objections are assigned to a Judge, any further filings, including praecipes shall expeditiously be

transmitted by the Prothonotary to the Judge in possession of the file.

B. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6).

1. Any party filing preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6) shall

attach a Notice to Plead to the preliminary objections. Such objections thereafter shall be governed by

Adams C.Civ.R. Nos. 206.1(a) and 206.4(c).

C. Service. All preliminary objections shall be served upon all of the parties to the action

contemporaneously with the filing of the preliminary objections with the Prothonotary. A Certificate of

Service shall be a part of, or attached to, the preliminary objections. The Court may excuse prior service in

the case of emergency preliminary objections.

Rule 1034(a). Motion for Judgment on the Pleadings. Brief.

A. A party filing a motion for judgment on the pleadings shall file the motion, a proposed Order in

the form set forth in subparagraph D. below and a supporting brief concurrently. If a brief is not filed with

the motion, the motion shall be deemed withdrawn upon praecipe of an opposing party.

B. Procedure. Upon the filing of a motion for judgment on the pleadings and a supporting brief,

the Prothonotary shall expeditiously transmit the file to an appropriate Judge. Generally, motions for

judgment on the pleadings shall go to the Judge having previous involvement in the matter. Other referrals

shall be transmitted on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain

as to the appropriate referral, the case shall be transmitted to the Court Administrator for assignment.

C. Response. Responsive brief. Reply brief. Argument. Except as set forth hereinabove,

procedures concerning the filing of a response, a responsive brief, reply brief and argument shall proceed

as provided in Adams C.Civ.R. No. 208.3(b).

D. Proposed Order. All motions for judgment on the pleadings shall be accompanied by a

proposed Order in substantially the following form:

IN THE COURT OF COMMON PLEAS OF

ADAMS COUNTY, PENNSYLVANIA

(caption)

ORDER

AND NOW, this ____ day of ______ , 200 __ , upon consideration of the attached

Motion for Judgment on the Pleadings, it is hereby Ordered that argument on the Motion:

[] shall not be held, and the matter shall be decided upon briefs.

[] shall be held on ______ , 200 __ , at _____ , in Courtroom No. ____ of the Adams

County Courthouse, 111 Baltimore Street, Gettysburg, PA, 17325.

Notice of the entry of this Order shall be provided to all parties by the moving party.

BY THE COURT:

_________________

E. Service. All motions shall be served upon all of the parties to the action contemporaneously

with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached

to, the motion. The Court may excuse prior service in the case of an emergency motion.

Rule 1035.2(a). Motion for Summary Judgment.

A. Service. All motions shall be served upon all of the parties to the action contemporaneously

with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached

to, the motion. The Court may excuse prior service in the case of an emergency motion.

B. Procedure. Upon the filing of a motion for summary judgment, the Prothonotary shall

expeditiously transmit the file to an appropriate Judge. Generally, motions for summary judgment shall go

to the Judge having previous involvement in the matter. Other referrals shall be transmitted on a rotating

basis to each of the Judges of this Court. If the Prothonotary is uncertain as to the appropriate referral, the

case shall be transmitted to the Court Administrator for assignment.

C. Response. The adverse party must file a response within thirty (30) days after service of the

motion pursuant to Pa.R.C.P. No. 1035.3.

D. Brief. The moving party shall file a supporting brief within twenty (20) days after the service of

the response by the adverse party. If a brief is not filed within the time period set forth herein, the motion

shall be deemed withdrawn, without prejudice, upon praceipe of an opposing party.

E. Responsive brief. Within fifteen (15) days of service of the moving party's brief, any party

opposing the motion shall file a responsive brief, together with any portions of the record which support

opposition to the motion. Previous filings in the matter need not be attached. In the event that a party fails

to timely file a responsive brief, the Judge may:

1. Refuse to allow oral argument by the offending party; or

2. Order oral argument to be continued; or

3. Grant the requested relief except that no civil action or proceeding shall be dismissed with

prejudice for failure to comply; or

4. Impose such other sanctions upon the non-complying party as the Judge shall deem proper.

F. Argument. Motions for summary judgment shall be considered on briefs by the Court without

argument unless a party files a request for oral argument by praecipe. Such request shall be filed by the

moving party concurrent with the filing of the motion. Requests for oral argument by any opposing party

shall be filed within the time period in which a response must be filed pursuant to subparagraph C. of this

rule. Oral argument shall be held at such time and place as the Judge shall direct.

G. Proposed order. All motions for summary judgment shall be accompanied by a proposed Order

substantially in the following form:

IN THE COURT OF COMMON PLEAS OF

ADAMS COUNTY, PENNSYLVANIA

(caption)

ORDER

AND NOW, this ____ day of ______ , 200 __ , upon consideration of the attached

Motion for Summary Judgment, it is hereby Ordered that argument on the Motion:

[] shall not be held, and the matter shall be decided upon briefs.

[] shall be held on ______ , 200 __ , at _____ , in Courtroom No. ____ of the Adams

County Courthouse, 111 Baltimore Street, Gettysburg, PA, 17325.

Notice of the entry of this Order shall be provided to all parties by the moving party.

BY THE COURT:

_________________

H. Service. All motions shall be served upon all of the parties to the action contemporaneously

with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached

to, the motion. The Court may excuse prior service in the case of an emergency motion.

PROFESSIONAL LIABILITY ACTIONS

Rule 1042.1. Professional Liability. Motions.

All applications or motions filed in professional liability actions pursuant to Pa.R.C.P. 1042.1, et.

seq. shall, upon filing, be expeditiously forwarded to the Civil Business Judge designated by the President

Judge. That Judge shall then direct such procedure or order such relief as is deemed appropriate.

Comment: For purposes of this rule, applications or motions shall include, but not be limited to,

preliminary objections pursuant to Pa.R.C.P. 1042.2(b), a motion to extend the time for filing a certificate

of merit, a motion for sanctions, a motion for conference, mediation, or scheduling order, and a motion

compelling production of an expert report. Motions for post-trial relief shall be forwarded to the judge

assigned to the trial of the case.

ACTION TO QUIET TITLE

Rule 1066. Quiet Title. Order.

All affidavits filed pursuant to Pa.R.C.P. No. 1066 shall be accompanied by a proposed Order

containing the requested relief as authorized by Pa.R.C.P. No. 1066.

COMPULSORY ARBITRATION

Rule 1301(a). Compulsory Arbitration.

All civil cases within the jurisdictional limits prescribed in Section 7361 of the Judicial

Code (42 Pa.C.S. § 7361) shall be subject to arbitration pursuant to Adams C.Civ.R. 1302 et. seq.

Rule 1301(b). Arbitration by Agreement.

Cases may be referred to arbitration if the parties or their counsel agree. If the case is not at issue,

or where no pleadings have been filed of record, the agreement to refer shall state the issues to be

considered by the board of arbitrators and shall contain all stipulations of facts reached by the parties. The

agreement shall be filed of record. The case shall be subject to Adams C.Civ.R. No. 1302, et. seq.

Rule 1302(a). List of Arbitrators. Appointment to Board.

The President Judge shall appoint attorneys to serve as arbitrators and as chairpersons of the

boards of arbitrators. The Court Administrator shall maintain a list of attorneys so appointed and shall

assign the attorneys to serve from those lists.

Rule 1302(b). Motion for Appointment. Service. Conflicts.

A. Any party to a case, after the pleadings are closed or an agreement to arbitrate has been filed,

may request the appointment of a board of arbitrators by written motion. Included in the motion shall be

the names of all attorneys who, to the movant’s knowledge, may have a conflicting interest in the case. A

motion failing to contain this information will not be scheduled for hearing. The motion shall have a

proposed Order in the form prescribed by Local Rule 1303 attached to the front of the motion that shall

provide spaces for the names of the board members to be inserted when appointed by the Court. If the

parties believe the matter involves complex litigation the motion shall so state and the parties shall comply

with Local Rule 1303(A)(2).

Rule 1302(c). Distribution of Pleadings.

The original files may be acquired from the Prothonotary on the date of the hearing by the

Chairman of the Board. Electronic copies of the pleadings shall be distributed to all members of the board

by the Prothonotary via electronic distribution no earlier than forty-five (45) days prior to the scheduled

hearing nor later than thirty (30) days prior to the scheduled hearing.

Note: See Adams County Rule of Judicial Administration No. 310 about removing papers from

the Prothonotary’s Office.

Rule 1302(d). Arbitrators’ Fees.

A. Fees paid to the arbitrators for their services shall be set by Administrative Order of the Court.

B. In the event that a case is settled, withdrawn or terminated within forty-five (45) days of a

scheduled hearing date but before the hearing date, the board shall not be required to file a report and

award. The board members shall be entitled, however, to one-half of the arbitration fees. In such instance,

the Court Administrator, upon notice from the Prothonotary that a praecipe has been filed, shall certify the

settlement, withdrawal or termination of the case to the Controller so that the said fees may be paid.

Rule 1303. Hearing.

A. Schedule.

1. The Court Calendar shall have at least two days in each month scheduled for arbitration

hearings. Each hearing shall commence at either 8:15 a.m., 10:15 a.m., 12:30 p.m., or 2:30 p.m.

Arbitration hearings shall be scheduled for one of the designated arbitration days by Court Administration.

Unless by Order of the Court of Common Pleas of Adams County, no hearing shall be scheduled within

90 days of the date that notice of hearing is provided to the parties. A party requesting that a matter be

listed for arbitration shall provide notice of the request to the Court Administrator’s Office concurrent

with the filing of the request with the Prothonotary. The request to list a matter for arbitration shall

identify all counsel involved in the litigation or who may otherwise have a conflict in serving as an

arbitrator.

2. If the matter involved in the arbitration is anticipated to involve complex issues of law or

lengthy evidence presentation, the Court, through written notice to Court Administration, shall be advised

of the same. If the party moving to list the case for arbitration hearing believes the matter to involve

complex litigation, the party shall so advise the Court in writing at the time the request for arbitration

hearing is filed and shall include in the request the anticipated length of hearing. If the non-moving party

anticipates complex litigation, the non-moving party shall advise the Court in writing of the same within

seven (7) days of receipt of notice from the moving party of the request to list for arbitration hearing. An

untimely request to list the matter as a complex case shall be denied as untimely.

In the event either party identifies the arbitration as one involving a complex case, if appropriate,

the Court shall specially appoint a board of arbitrators and have the matter specially set by Court

Administration. The Court reserves the right to deny a party’s request to have the matter specially set as a

complex case.

3. If the case is settled before the hearing date, plaintiff’s counsel shall, prior to the date of the

scheduled hearing, file with the Prothonotary a praecipe to settle, discontinue and/or satisfy the action.

Failure to do so may subject counsel, in the sole discretion of the Court, to sanctions including imposition

of all costs of arbitration. Upon receipt of a praecipe to settle, discontinue and/or satisfy an action, the

Prothonotary shall immediately notify Court Administration of the same.

B. Continuance. A continuance of the scheduled hearing may only be granted by the Court of

Common Pleas upon motion filed with the Court. All continuance requests must be filed at least 60 days

prior to hearing absent exceptional circumstances. Unless compelling interests of justice require

otherwise, untimely requests for continuance shall be denied.

C. Hearing.

1. Unless a party advises the Court in writing that the matter for arbitration is a complex case

requiring additional time for the presentation of evidence, each party to an arbitration shall be limited to

one hour to present argument and evidence to the board of arbitrators. A party anticipating rebuttal

testimony may reserve time from their initial presentation for the presentation of rebuttal testimony. No

hearing shall exceed two hours from beginning to conclusion unless the matter is identified as a complex

case.

2. Upon filing the report and award with the Prothonotary, the Prothonotary shall provide notice of

the same to Court Administration in order to initiate payment to the arbitrators.

D. Notice. When a hearing is initially scheduled by Court Administration, notice of the hearing, as

required by Pennsylvania Rule of Civil Procedure 1303, shall be provided to the parties or their attorneys

of record. The notice shall be in the following form:

AND NOW, this ______ day of ________________, 20___, upon consideration of

the within Petition, the Court does hereby appoint ____________________, Esquire,

____________________, Esquire, and ____________________, Esquire as arbitrators in

the above-captioned matter.

An arbitration hearing is scheduled for _________________________ at

________ in Conference Room 307C on the third floor of the Adams County Courthouse.

It is further Ordered that the sum of $650 be paid by the County of Adams to the

arbitrators in accord with the provisions of Local Rule 1302(d) upon certification by the

Court Administrator to the Controller of the County that the report and award of the

arbitrators has been filed.

At the arbitration hearing before the arbitrators, each party shall be limited to one

hour to present the party’s evidence to the board of arbitrators. The Plaintiff may reserve a

period of time to present rebuttal testimony, however, a party’s total presentation shall not

exceed one hour. If a party believes that it will require more than one hour to present the

party’s case, a written motion to have the matter specially set as a complex litigation must

be filed within seven days of the date of this Order with the Adams County Court of

Common Pleas. A party’s failure to request the matter be specially set as a complex

litigation shall be deemed as an agreement by the party to limit its presentation of evidence

as set forth herein.

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.

E. Failure to Appear. When a board is convened for a hearing, and if one or more parties is not

present, any party who is present may request Court Administration to arrange a hearing before a Judge

assigned to hear arbitration matters. Court Administration will then schedule a hearing before a Judge on

the same date as scheduled for hearing before the board. Upon consent of all parties present, the Judge

shall hear the case and enter a decision. Notwithstanding the foregoing, it will remain with the sound

discretion of the assigned Judge whether the Judge shall hear the matter at that time.

F. Appointment of Board. Upon receipt of a petition to list a matter for hearing before a board of

arbitrators, Court Administration shall schedule a hearing to be held at a time not sooner than 90 days

from the date of the scheduling order. In all cases other than complex cases, arbitrators shall be assigned

by arbitration dates rather than specific cases. Separate boards will be appointed for either morning or

afternoon sessions. At least 45 days prior to a scheduled arbitration date, Court Administration shall notify

the entire arbitration panel as to the specific cases to be held on that date. Court Administration shall

further notify the Prothonotary’s Office of the same who, in turn, will electronically forward the

respective case files to the assigned arbitrators. In the event arbitration hearings are not scheduled for a

specific date, Court Administration shall notify the panel of arbitrators of the same within the time period

set forth herein.

EQUITABLE RELIEF

Rule 1531. Special Relief. Injunctions.

All motions for special relief, including motions pursuant to Pa.R.C.P. Nos. 1530 and 1531, shall

be filed with the Prothonotary's office and immediately forwarded by the Prothonotary to the Court

Administrator's office who, thereafter, shall forward the motion to the Civil Business Judge designated by

the President Judge. Alternatively, applications for special relief, when filed, may be hand delivered as set

forth in the note to Adams C.Civ.R. No. 205.2(a). Upon presentation of a motion for special relief, the

Civil Business Judge will advise the parties on how to proceed. All motions for special relief shall be

served on the opposing party prior to the filing of the motion with the Prothonotary and a Certificate of

Service shall be attached to the motion. Prior service of the motion is not required where a party is able to

establish to the satisfaction of the Court that immediate and irreparable injury will be sustained before

notice can be given to the opposing party.

ACTION PURSUANT TO PROTECTION FROM

ABUSE ACT AND PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR

INTIMIDATION ACT

Rule 1901. Statement of Policy

It is the purpose and policy of the Court of Common Pleas of Adams County to implement and

effectuate the Protection From Abuse Act and the Protection of Victims of Sexual Violence or

Intimidation Act, to streamline and facilitate enforcement, and to eliminate procedural obstacles and

limitations where justice requires forthright action on the part of law enforcement, the Magisterial District

Judge and this Court.

A. Actions for Protection From Abuse shall be commenced and prosecuted in accordance with the

provisions of Pa.R.Civ.P. 1901, et seq. and 23 Pa.C.S.A. § 6101 et seq. Actions for Protection of

Victims of Sexual Violence or Intimidation shall be commenced and prosecuted in accordance

with the provisions of Pa.R.Civ.P. 1951, et seq., and 42 Pa.C.S.A. § 62A01, et seq.

B. Actions seeking emergency relief under the Protection From Abuse Act shall be commenced and

prosecuted pursuant to the provisions of Pa.R.Civ.P.M.D.J. 1201 et seq., Adams County Rules of

Conduct, Office Standards and Civil Procedure for Magisterial District Judges 1203, 1210 and

1211, and 23 Pa.C.S.A. § 6110 et seq.

C. Actions seeking emergency relief under the Protection of Victims of Sexual Violence or

Intimidation Act shall be commenced and prosecuted in accordance with the provisions of

Pa.R.Civ.P.M.D.J. 1201, et seq., Adams County Rules of Conduct, Office Standards and Civil

Procedure for Magisterial District Judges 1203, 1210 and 1211, and 42 Pa.C.S.A. § 62A09, et seq.

Rule 1901.5. Indirect Criminal Contempt Hearing

A. Arrest. When the Court is available, a defendant arrested for contempt shall be produced without

unnecessary delay before a judge for preliminary arraignment. If arrest occurs when the Court is

unavailable, the defendant shall have preliminary arraignment before the on-call Magisterial

District Judge. Upon request, defendant shall be provided with an application form for the

appointment of a lawyer. Unless scheduled by a court order for a different time, contempt hearings

shall be scheduled for 1:00 p.m. on the Wednesday following preliminary arraignment which is

the furthest Wednesday within ten (10) calendar days after the defendant's arrest. Bail shall be set

by the Magisterial District Judge with the defendant given an opportunity to post bail. The bail

may be subject to special conditions, such as requiring defendant to follow all specified conditions

contained in the Protection From Abuse Order.

At the preliminary arraignment, the Magisterial District Judge or Common Pleas Judge shall

advise the defendant of the following:

1. A description of the alleged contemptuous acts;

2. That those acts violate a specific Order of Court;

3. Defendant is subject because of the alleged contempt to a prison sentence of six (6)

months and a fine of One Thousand Dollars ($1,000.00);

4. A hearing will be held by a judge on a specified court business day at 1:00 p.m.;

5. Defendant is entitled to be represented by a lawyer in the contempt proceeding and

that, if defendant qualifies, a lawyer will be appointed to represent him or her free of

charge. The defendant shall be notified that he or she must apply for the appointment

of a free counsel, and the Magisterial District Judge shall provide an application form

upon request.

B. Private Complaint.

1. Plaintiff may file a private criminal complaint pursuant to 23 Pa. C.S.A. §6113.1 by

filing the complaint in the Prothonotary's Office. The Prothonotary’s Office shall, after

clocking in the complaint, immediately forward it to the Court Administrator for the

scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled

in the same manner as in arrest cases and shall be scheduled by court order. Service of

the order, once entered, shall be made on the defendant by the Sheriff’s Department.

No answer shall be required by defendant.

2. Contempt proceedings may be commenced by the filing of a criminal complaint before

a Magisterial District Judge. Service shall be accomplished as in other criminal

proceedings, by a constable, or police officer. If neither is available, the complaint

shall be served by the Sheriff. Upon filing of a private complaint for criminal contempt

in the office of a Magisterial District Judge, the Magisterial District Judge shall

promptly forward the same to Court Administration who will schedule contempt

hearing pursuant to paragraph B(1) above.

Rule 1905. Temporary Orders. Final Hearing. Forms and Notice.

A. Temporary Orders

1. If the petition seeks temporary relief for Protection From Abuse or Protection of

Victims of Sexual Violence or Intimidation, and alleges immediate and present danger

of abuse to the plaintiff and/or minor children, the petition shall be presented directly

to the assigned PFA Judge after filing with the Prothonotary between the hours of 8:00

a.m. through 3:30 p.m. on days the Court of Common Pleas is open for business.

2. The PFA Judge will, at the earliest possible time consistent with his/her schedule,

conduct an ex parte temporary hearing with the plaintiff.

3. The PFA Judge shall enter such temporary order, as it deems necessary, to protect the

plaintiff and/or minor child(ren) pending final hearing on the petition.

B. Final Hearing

Whether the request for temporary order is granted or denied, the Court shall set a date for a final

hearing to occur within ten (10) business days of the filing of a petition for Protection From Abuse

or a petition for Protection of Victims of Sexual Violence or Intimidation, following the

administrative rules and policies of the 51st Judicial District.

C. Forms and Notice

1. All forms for use in the Protection From Abuse action and the Protection of Victims of Sexual

Violence or Intimidation action including notice, petition, temporary protection order and final

protection order shall be substantially in the form set forth in Pa.R.Civ.P. 1905 and

Pa.R.Civ.P. 1959.

2. If the Magisterial District Judge enters an emergency order, service of the order of protection

and emergency petition upon the defendant shall occur in accordance with Pa.R.Civ.P.M.D.J.

1209.

3. When the PFA Judge enters a temporary order, service of the petition and temporary order

upon the defendant shall be in accordance with Pa. R.Civ.P. 1930.4. An affidavit of service

substantially in the form set forth in Pa.R.Civ.P. 1905(d) shall be filed with the Prothonotary.

Service of the temporary order on the defendant shall include the instance where the Court has

entered an order denying a plaintiff's request for temporary relief.

ACTIONS FOR SUPPORT

Rule 1910.4. Commencement of Action.

(a) General. These rules shall govern all actions for child support, spousal support and alimony

pendente lite (APL). The rules shall be interpreted as supplementing the Pennsylvania Rules of

Civil Procedure governing support and alimony pendente lite (APL) actions.

(b) Actions for child support, spousal support and alimony pendente lite (APL). All actions for child

support, spousal support and alimony pendente lite (APL) shall be commenced by filing a

complaint with the Adams County Domestic Relations Section located at the Adams County

Human Services Building, 525 Boyds School Road, Suite 600, Gettysburg, Pennsylvania. All

docketing of the records for child support, spousal support and APL matters shall be conducted by

the Adams County Domestic Relations Section, who shall serve as the custodian of the official

record for those matters. If filing for APL, the filing party shall provide verification of the divorce

filing in the complaint for APL. This verification shall include the docket number and caption of

the divorce case. All claims for alimony subsequent to divorce and enforcement thereof shall

continue to be filed and docketed with the Adams County Prothonotary, at the parties’ divorce

case caption and docket number.

Rule 1910.10. Procedure for Establishment of Support and Alimony Pendente Lite (APL).

All actions for child support, spousal support and alimony pendente lite (APL) shall proceed as

described by Pa. R.C.P. No. 1910.11.

Rule 1910.11. Office Conference. Subsequent Proceedings. Order.

(a) Office Conference. The office conference shall be a non-record proceeding conducted by a

Conference Officer at the Domestic Relations Section. The Conference Officer shall be

designated by the Executive Director of the Domestic Relations Section. The office conference

shall not be recorded.

(b) Request for Continuance of Office Conference. A written request for continuance of the office

conference shall be communicated at least seven (7) days before the conference date via

correspondence from the moving party to the Conference Officer assigned to the case. A formal

motion is not necessary. The request may be hand-delivered, mailed, faxed or emailed to the

Domestic Relations Section. All requests must state the opposing party’s position and shall be

served by the moving party upon the non-moving party. Ex parte communications are strictly

prohibited. If the request is made less than seven (7) days before the conference date, it will be

denied absent compelling circumstances. Any party aggrieved by a denial of request for

continuance of the office conference may file a formal Motion for Continuance at the Domestic

Relations Section which must be served upon the other party. The Domestic Relations Section

will forward the motion to the judge assigned to the case. The opposing party’s position must be

stated in the formal Motion for Continuance, otherwise it may be denied at the discretion of the

court.

following the office conference by filing a Demand for Hearing De Novo. The “Demand For

Hearing De Novo” form shall be used to make such a request. An electronic fill-in version of this

form is available under the Domestic Relations Services link of the Adams County website at

https://www.adamscountypa.gov/courts/domesticrelationssection/documentcenter. All Demands

for Hearing De Novo shall be filed at the Domestic Relations Section located at 525 Boyds School

Road, Suite 600, Gettysburg, Pennsylvania 17325.

(d) Content of the Demand for Hearing De Novo. Designating a Support Case as Complex. The party

filing the Demand for Hearing De Novo shall indicate on the form the reasons and issues that the

party wishes the court to consider at the hearing, including citations to applicable legal authority.

Typically, the court allots twenty (20) minutes to hear each case. In accordance with Pa. R.C.P.

1910.11 (j)(1), if a party believes the case will involve complex issues of law or fact, and/or it will

take more than twenty (20) minutes to complete, then a Motion to Specially Set Hearing De Novo

must be filed and served upon the opposing party. The moving party shall include an estimation

of the time needed for hearing in the motion.

(e) Scheduling and Notice of Hearing De Novo. When a Demand for Hearing De Novo is filed, the

Domestic Relations Section shall schedule a hearing before the court and issue written notice

thereof to the parties. When a party files a Motion to Specially Set Hearing De Novo, this request

shall be forwarded by Domestic Relations Section to the executive assistant to the assigned judge

for coordination and issuance of notice of a hearing date.

(f) Motion for Continuance of Hearing De Novo. All Motions for Continuance of Hearing De Novo

shall be filed at the Domestic Relations Section, which shall forward a copy of the Motion to the

judge assigned to the case. All Motions for Continuance of Hearing De Novo must state the

opposing party’s position on the request and shall be served on the opposing party by the moving

party in accordance with the Pennsylvania Rules of Civil Procedure, otherwise the Motion may be

denied at the discretion of the court.

(g) Prehearing Memorandum for Hearing De Novo in Complex Cases. For all cases designated as

complex, each party shall file a Prehearing Memorandum at the Domestic Relations Section at

least five (5) days in advance of the date set for hearing, with service thereof upon the opposing

party. The Domestic Relations Section shall forward a copy of the Prehearing Memorandum to

the judge assigned to the case.

(h) Discovery in Complex Cases. When a case has been designated by the court as complex,

discovery shall be available in accordance with Pa. R.C.P. Nos. 4001 through 4025. See Pa.

R.C.P. No. 1910.11 (j)(2).

(i) Telephonic participation. Consistent with Pa. R.C.P. No. 1930.3, all requests for a party or a

witness to participate in a hearing de novo via telephone, audiovisual or other electronic means

shall be made by formal motion with good cause shown filed at the Domestic Relations Section at

least seven (7) days in advance of the hearing de novo. The opposing party’s position on the

request must be noted in the motion, otherwise it may be denied at the discretion of the court.

(j) Motion to Withdraw Demand for Hearing De Novo. A motion to withdraw a demand for hearing

de novo must contain the concurrence of both parties, otherwise it will be denied.

Rules 1910.12 to 1910.19. Reserved

Rule 1910.20. Support Order. Enforcement. General.

(a) Enforcement. Orders for child support, spousal support and alimony pendente lite (APL) shall be

enforced by the Domestic Relations Section, pursuant to applicable law.

(b) Notice. The notice required by 23 Pa. C.S.A. §4303 shall be as follows:

To: Obligor

The law requires the Domestic Relations Office to periodically provide approved

consumer reporting agencies with your name and the amount of overdue arrearages that you owe.

According to our records, you owe $_______, and this amount will be reported unless you contest

the accuracy of the information within the next twenty days by filing a written objection with this

office. Your objection should specifically state the amount of money that you dispute is owed.

Upon timely receipt of an objection, this office will schedule a conference to resolve the

dispute.

Dated_________

/s/ Domestic Relations Section Representative

Rules 1912 to 1914. Reserved

Comment: In light of comprehensive state rules, it is felt that local rules are unnecessary and

might potentially become confusing. Following conference, procedures in Rule 1910.21-4 shall be

followed, but no local rule is needed to indicate this.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY,

AND VISITATION OF MINOR CHILDREN

Rule 1915.1. Actions in Child Custody. Scope. Definitions.

(a) General. These rules shall govern all actions for child custody, including custody complaints,

petitions to modify custody, petitions for contempt and petitions to intervene in child custody

matters filed in the Adams County Court of Common Pleas. The rules shall be interpreted as

supplementing the Pennsylvania Rules of Civil Procedure governing custody actions. See Pa.

R.C.P. No. 1915.1 et seq.

(b) Definitions. As used in this chapter, unless the context of a rule indicates otherwise, the following

terms shall have the following meanings:

“conciliator” shall be an active-status attorney duly licensed to practice law in the Commonwealth

of Pennsylvania and appointed by the court. In accordance with Pa. R.C.P. No. 1915.4-3(a), the

conciliator shall not be engaged in the practice of family law before a conference officer, hearing

officer, permanent or standing master, or judge of the same judicial district.

“conciliation conference” shall be a prehearing, non-record proceeding conducted under the

auspices of the court by the conciliator and in accordance with Pa. R.C.P. 1915.4-3.

“custody presentation” shall be a brief appearance before the presiding judge to ascertain the

status of the dispute and determine the status quo custody schedule, if any, enter an interim order

as appropriate, and refer the matter to a conciliation conference as appropriate.

“presiding judge” shall be the judge to whom the case is assigned.

scheduled for a presentation before the court on a custody presentation day designated on the

official court calendar.

If an agreement is not able to be reached at custody presentation, the presiding judge will

enter an interim order and directive for the parties to participate in a custody conciliation

conference to attempt to resolve the matter.

If the parties are not able to reach an agreement at the conciliation conference, the

presiding judge will list the matter for a pre-trial conference upon receiving the report of the

conciliator.

After the pre-trial conference is held, the presiding judge will schedule a trial and an in

camera interview of the child, as appropriate.

Rule 1915.3. Commencement of Action. Complaint. Order.

(a) Commencement of an Action. Filing.

(1) All custody complaints, petitions for modification of custody, petitions to intervene and

petitions for contempt for disobedience of a custody order shall be filed with the Prothonotary.

(2) All custody complaints, petitions for modification of custody, and petitions to intervene shall

include a scheduling order for presentation, substantially in the same form as Sample Form

“A” annexed to these rules. All petitions for contempt for disobedience of a custody order

shall include a scheduling order for presentation which conforms to Pa. R.C.P. No. 1915.12.

(Sample Form “A” – Scheduling Order for Custody Presentation)

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

Plaintiff, : No.

v. :

: ACTION IN CUSTODY

Defendant, :

ORDER OF COURT

You, ___________________ (name of Defendant/Respondent) have been sued in court to

(obtain/modify) custody of the child/ren: ______________________. (Insert INITIALS of

child/ren)

You are ordered to appear in person in Courtroom #3 located on the 2nd floor of the

Adams County Courthouse, 117 Baltimore Street, Gettysburg, Pennsylvania on

__________________ at 1:00 PM for a presentation of the pleading. If you fail to appear as

provided by this order, an order for custody may be entered against you or the court may issue a

warrant for your arrest.

You must file with the court a written verification regarding any criminal record or abuse

history regarding you and anyone living in your household on or before the initial in-person

contact with the court but not later than thirty days after service of the complaint or petition.

No party may make a change in the residence of any child which significantly impairs the

ability of the other party to exercise custodial rights without first complying with all of the

provisions of 23 Pa. C.S. §5337 and Pa. R.C.P. No. 1915.17 regarding relocation.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT

HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS

OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF

YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO

PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL

SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

Adams County Court Administrator

Adams County Courthouse

117 Baltimore Street, 4th Floor

Gettysburg, PA 17325

717-337-9846

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Adams County is required by law to comply with the Americans

with Disabilities Act of 1990. For information about accessible facilities and reasonable

accommodations available to disabled individuals having business before the court, please contact

the Court Administrator’s Office at 717-337-9846. All arrangements must be made at least 72

hours prior to any proceeding.

BY THE COURT:

DATE:________________ ____________________________________

JUDGE

(3) If a custody claim is asserted in a divorce complaint, the moving party shall file a praecipe

with the Adams County Prothonotary to list the matter for custody presentation, along with a

scheduling order, substantially in the same form as Sample Form “A” annexed to these rules.

(4) The presiding judge’s chambers will schedule all custody related matters pending before the

court. The dates available for custody presentation shall be designated on the official court

calendar.

(5) The moving party shall pay the requisite filing fee and the conciliator’s fee upon the filing of a

custody complaint or petition for modification of a custody order. A conciliator’s fee shall not

be paid with the filing of a petition to intervene or a petition for contempt for disobedience of

a court order, unless said petition is filed contemporaneously with a custody complaint or

petition for modification of custody. A conciliator’s fee shall not be paid if a stipulated

agreement is filed contemporaneously with a custody complaint or petition for modification of

custody.

(b) Contents of Complaint or Petition. The complaint or petition shall specifically state the relief

sought by the moving party and shall have a proper verification attached, pursuant to Pa. R.C.P.

No. 1024. This includes the relief sought for legal custody (sole or shared) and physical custody

(sole, primary, partial, shared, or supervised). Further, the moving party shall also state the factual

basis for the relief sought. Petitions to intervene shall state the statutory authority relied upon. All

complaints and petitions shall conform to the requirements of the Case Records Public Access

Policy of the Unified Judicial System of Pennsylvania.

In addition to those averments required by the Pennsylvania Rules of Civil Procedure

governing actions relating to custody, the complaint or petition shall also contain:

(1) Moving party’s Criminal Record/Abuse History Verification as required by Pa.R.C.P. No.

1915.3-2 as an exhibit;

(2) An averment as to the form, time, and manner of serving a copy of the complaint, Order of

Court for custody presentation, and moving party’s criminal record/abuse history

verification to the non-moving party or to legal counsel;

(3) The proposed custody arrangement shall be stated as a paragraph in the pleading; and

(4) A proposed scheduling order for custody presentation, in a form similar to Sample Form

“A”, shall be appended to the front of the pleading.

Rule 1915.4-3.1. Custody Presentation.

(a) General.

(1) A custody presentation is the first time the parties will appear before the court. The goal of

the custody presentation is to ascertain the status quo schedule or affirm the agreement of

the parties. If there is no agreement, the presiding judge may enter an interim order that

will govern the parties until final disposition of the matter by agreement or a trial. No

testimony will be adduced or evidence presented during this proceeding. If there is no

agreement regarding a petition to intervene in a custody case, the presiding judge shall

schedule the matter for a hearing to address that issue.

(2) Custody presentations will be heard on a set day and time every week as designated on the

official court calendar.

(3) If the parties are unable to reach an agreement at presentation, the presiding judge will

issue an order with a date and time for the parties to participate in conciliation, similar to

Sample Form “B” annexed to these rules.

(Sample Form “B” – Directive for Custody Conciliation Conference)

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

Plaintiff, : No.

v. :

: ACTION IN CUSTODY

Defendant, :

DIRECTIVE FOR CUSTODY CONCILIATION CONFERENCE

And now, upon consideration of the attached Complaint/ Petition for Modification/Petition

for Intervention/or Petition for Contempt, it is hereby ORDERED that the parties and their

respective counsel appear before a Custody Conciliation Officer in Conference Room 307 located

on the third floor of the Adams County Courthouse, 117 Baltimore Street, Gettysburg,

Pennsylvania, on _______________, 20___ at __________ .m.

At the conference, an effort will be made to conciliate and resolve the issues in dispute; or if this

cannot be accomplished, to define and narrow the issues to be heard by the Court. Children

should not attend the conference unless specifically requested by the Custody Conciliation

Officer.

IF YOU FAIL TO APPEAR AT THE CUSTODY CONCILIATION CONFERENCE AS

PROVIDED BY THIS ORDER, WITHOUT PROPER CAUSE SHOWN, THE CUSTODY

CONCILIATOR SHALL REFER THE MATTER TO THE COURT FOR FURTHER

PROCEEDINGS, WHICH MAY INCLUDE A CONTEMPT HEARING WHICH CAN RESULT

IN THE IMPOSITION OF SANCTIONS, INCLUDING FINES, ATTORNEYS FEES AND

COSTS.

If you have not already done so, you must complete and file with the Prothonotary a

Criminal/Abuse History Verification regarding you and all persons living in your household on or

before the time of the custody conciliation conference. The form is available on the Court’s self-help page at https://www.adamscountypa.gov/courts/courtadministration/selfhelpcenter and at the

Adams County Law Library. You must serve a copy of the completed form on all other parties.

No party may make a change in the residence of a child which significantly impairs the ability of

the other party to exercise custodial rights without first complying with all of the applicable

provisions of 23 Pa. C.S. §5337 and Pa. R.C.P. No. 1915.17 regarding relocation.

If any party to this custody action is incarcerated at any stage of the proceedings, the custody

conciliation officer or the judge will make reasonable efforts to arrange for the incarcerated party

to participate by telephone or video conference. Incarcerated persons may make a request to

appear in this manner through the Court Administrator’s Office at 717-337-9846, 117 Baltimore

Street, 4th floor, Gettysburg, PA 17325.

If you or any other party needs an interpreter, please contact the Court Administrator’s Office at

717-337-9846 as soon as possible. Failure to make a timely request may delay the proceedings.

BY THE COURT:

___________________________________

JUDGE

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Adams County is required by law to comply with the Americans with

Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations

available to disabled individuals having business before the court, please contact the Court

Administrator’s Office at 717-337-9846. All arrangements must be made at least 72 hours prior to any

proceeding.

(4) The presiding judge’s chambers will schedule presentations at least ten days from the date

the complaint, petition for modification, petition to intervene or petition for contempt was

filed. This is to ensure that the moving party has ample time to serve the non-moving party

with the order scheduling the presentation. It is the moving party’s responsibility to serve

all documents upon the opposing party in accordance with the Pennsylvania Rules of Civil

Procedure and file an appropriate certificate of service with the Prothonotary.

(b) Formal Presentation to the Court Not Necessary. If the parties have a stipulated agreement for

custody, then the parties may file the stipulated agreement and a proposed order of court with

the Prothonotary. All stipulated agreements shall contain language requesting the presiding

judge to enter the agreement as an order of court. If the judge enters the stipulated agreement

as an order, then the parties do not need to appear for custody presentation. All proposed

orders shall comply with the checklist and form contained in Sample Form “D” annexed to

these rules. See also Adams C.Civ.R. No. 1915.7-1. Custody Agreement and Consent Orders.

Rule 1915.4-3.2. Custody Conciliation Conference.

(a) Non-Record Proceeding. The custody conciliation conference is an opportunity for the parties

to reach agreement early in the litigation process. To facilitate the conciliation process and to

encourage frank, open and meaningful exchanges between the parties and their respective

counsel, statements made by everyone involved in the conference shall not be admissible as

evidence in the custody proceedings. The custody conciliator shall not be a witness in any

custody proceedings. The custody conciliation conference shall not be recorded. No evidence

or testimony shall be presented. One-half (1/2) hour shall be set aside for all custody

conciliation conferences.

(b) Scheduling of Custody Conciliation Conference. If the parties are unable to reach an

agreement at presentation, the presiding judge will refer the case to the custody conciliator.

Custody conciliation conferences shall be scheduled not more than forty-five (45) days from

the date of assignment by the presiding judge.

actions for custody of minor children to a conciliator who shall have the authority to conciliate

custody cases in an effort to resolve the matter.

(d) Participation in Custody Conciliation Process. Conduct of the Conciliator, Parties and

Attorneys.

(1) Only the parties to the action and their legal counsel shall be present for the conciliation

conference. Unless ordered by the court for good cause shown, children should not be

brought to the conciliation conference and shall not be heard on the issues by the

conciliator.

(2) The parties, counsel and the conciliator shall make a good-faith effort to resolve the issues

and reach a partial or full agreement regarding the issues. The conciliator shall conduct the

conference as an informational and conciliatory proceeding rather than confrontational or

adversarial. All parties and counsel must participate in conferences in a cooperative

manner and shall adhere to the directives of the conciliator. The conciliator shall attempt

to mediate the differences between the parties, encourage amicable resolution of those

differences. The conciliator shall attempt to negotiate a settlement by stipulation in

writing, signed by the parties and counsel, for approval and entry as an order of court.

Prior to agreeing to a custody order the conciliator shall permit the parties to consult with

their counsel of record.

(3) Statements made by the parties or their attorneys at the conciliation conference shall not be

admissible as evidence at a later custody proceeding. The custody conciliator shall not be

a witness for or against any party.

(4) An attorney who attends a conciliation conference with a client shall participate in

accordance with the following standards:

a. Attorneys shall fully cooperate with the efforts of the custody conciliator to

facilitate the agreement of the parties;

b. Attorneys shall at all times behave in a manner consistent with the Rules of

Professional Conduct and refrain from engaging in hostile or antagonistic conduct;

c. Attorneys shall advise their clients in a manner not disruptive of the conciliation

process and shall be permitted to confer with the client privately outside of the

conference room;

d. Attorneys shall not attempt to question the other party, present evidence or engage

in conduct characteristic of any adversarial proceedings;

(5) At any time during the conciliation process the conciliator may terminate the proceedings

and refer the case to the presiding judge for further action.

(e) Bypass Custody Conciliation Conference. A party may file a motion to bypass the custody

conciliation conference. A motion to bypass the custody conciliation conference may be

granted by the presiding judge in limited circumstances wherein:

(1) There are complex questions of law, fact, or both;

(2) Where a Protection from Abuse Order is in effect between the parties pursuant to

Pa.C.S.A. § 6101;

(3) There are serious allegations affecting the child’s welfare; or

(4) In relocation cases filed pursuant to 23 Pa.C.S.A. § 5337 and Pa. R.C.P. No. 1915.17.

(f) Service Upon the Conciliator. Service of pleadings upon the conciliator is not required. The

Prothonotary shall ensure that the conciliator has access to the official case file.

(g) Conciliator’s Fees.

(1) At the time of filing the custody complaint or petition for modification of custody, the

moving party shall deposit a conciliator’s fee, which shall be established by administrative

order of the court. If a petition to intervene is granted by the presiding judge and the

matter referred to conciliation, the petitioner shall pay the conciliation fee at least five (5)

days prior to the conciliation conference, otherwise the conference will be canceled and

the petition dismissed. If a contempt/enforcement matter is referred to conciliation, the

petitioner shall pay the conciliation fee at least five (5) days prior to the conciliation

conference, otherwise the conference shall be canceled and the petition dismissed.

(2) There shall be allotted one-half hour for each conciliation conference. In the event that the

conciliation conference exceeds one-half hour, the conciliator may petition the court for

additional compensation at the rate established by the court. This additional fee shall be

added to the cost of the action and shall be collected by the Prothonotary.

(3) In the event a party requests an additional conciliation conference, the requesting party

shall pay an additional conciliator’s fee, which shall be paid prior to the scheduling of an

additional conciliation conference.

(4) In the event that the moving party is unable to pay the conciliator’s fee, that party may

apply file a Petition to Proceed In Forma Pauperis. If the Court grants the request, then the

conciliator’s fee shall be paid by the County of Adams.

(5) If the case is withdrawn from the conciliator’s consideration prior to any conciliation

conference occurring, and the party paying the initial conciliator’s fee seeks a refund

thereof, the party shall file a motion requesting a refund not later than ten (10) days after

the last scheduled conciliation conference. Requests for refund filed more than ten days

after the last scheduled conciliation conference will not be granted.

(h) Conciliation Conference Memorandum. At least three (3) business days prior to the scheduled

conciliation conference, each party shall file a Conciliation Conference Memorandum with the

Prothonotary and serve a copy upon opposing counsel or opposing party if self-represented.

The conciliation conference memorandum shall be in a form substantially similar to Sample

Form “C” annexed to these rules and shall contain the following information:

(1) Factual background, including a brief history of the case;

(2) Initials and ages of all children;

(3) Factual and legal issues for resolution;

(4) Whether a home study is requested;

(5) Whether a custody evaluation is requested and whether the parties will agree to a

particular expert for evaluation;

(6) A proposed resolution of all matters, which may be in the form of a parenting plan

attached to the memorandum; and

(7) If not previously filed, Defendant/Respondent must file a Criminal Record/Abuse History

Verification with the Prothonotary pursuant to Pa. R.C.P. No. 1915.3-2. Additionally, if a

party has already filed a Criminal Record/Abuse History Verification, any necessary

updates shall be made at this time.

(Sample Form “C” –Conciliation Conference Memorandum)

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

Plaintiff: No.

v. :

: ACTION IN CUSTODY

Defendant:

CONCILIATION CONFERENCE MEMORANDUM

And now, comes the undersigned party who submits the following custody conference

memorandum pursuant to Adams C.Civ.R. No. 1915.4-3.2(h):

1. Brief factual background, including current custody schedule for the child/ren:

________________________________________________________________________

___________________.

2. Initials and current age of each child:

Child #1:______________________ Child#3:___________________________

Child #2:______________________ Child #4:___________________________

3. Factual and Legal Issues for Resolution:

________________________________________________________________________

___________________.

4. Are you requesting a home study of your house? (circle one) YES NO

5. Are you requesting a home study of the other party’s house? (circle one) YES

6. Are you requesting a custody evaluation? (circle one) YES NO

7. A proposed resolution of all matters, which may be in the form of a Parenting

Plan:____________________________________________________________________

________________________________________________________________________

___________________.

CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Case Records Public Access

Policy of the Unified Judicial System of Pennsylvania that require filing confidential information

and documents differently than non-confidential information and documents.

Respectfully Submitted,

DATE:___________ ___________________________________

Signature

___________________________________

Printed Name

___________________________________

Street Address/P.O. Box

___________________________________

City, State, Zip

___________________________________

Telephone number

(i) Cancellation or Continuance of Custody Conciliation Conference. A scheduled custody

conciliation conference shall not be cancelled or continued without the written consent of the

parties or leave of court. If a responding party does not consent, a motion to continue may be

filed and directed to the presiding judge for consideration, with proper notice to the opposing

party. The party requesting the continuance shall include the opposing party’s position on the

request. If the parties agree to reschedule the conciliation conference, then the conciliator shall

set a new date for the conciliation conference to be held and provide notice of same to the

presiding judge.

(j) Failure of a party to appear at Custody Conciliation Conference.

(1) All parties named in an action for custody shall be present at the custody conciliation

conference unless excused by the conciliator or by agreement of counsel. If a party fails to

appear, the conciliator shall so inform the court.

(k) Report and Recommendation by Conciliator.

(1) Within seven (7) business days after the conclusion of the conciliation conference, the

conciliator shall file the original Report of Conciliator with the Prothonotary, along with a

copy for each party. The Prothonotary shall serve a copy of the Report of Conciliator

upon counsel of record and unrepresented parties in accordance with Pa. R.C.P. No. 236.

(2) All agreements reached at a conciliation conference, whether a comprehensive, partial or

interim agreement, shall be reduced to a written agreement and shall be signed by the

parties immediately upon conclusion of the conciliation conference and submitted to the

court for adoption as an order. The parties’ consent to an interim order shall not constitute

the waiver to a de novo trial for any issue.

(3) If the parties are unable to reach a comprehensive agreement at conciliation, the

conciliator’s report shall include the following, as may be applicable to the case:

a. Legal and physical custody status at the time of conciliation;

b. Summary of the parties’ positions;

c. Summary of the parties’ interim or partial agreement, if any;

d. The need for an expedited hearing;

e. Identification of legal and factual issues.

Rule 1915.4-3.3. Co-Parent Education Program. Reserved.

Rule 1915.4-4. Pre-trial Procedures.

(a) Pre-trial conference.

(1) If the parties are unable to come to a comprehensive agreement during the custody

conciliation conference, the presiding judge’s chambers will automatically schedule a pre-trial conference after the conciliator’s report has been filed.

(2) Pre-trial conferences shall be held in accordance with Pa. R.C.P. No. 1915.4-4. Unless

otherwise ordered by the court, counsel of record and the parties shall be present for the

pre-trial conference.

(3) Any agreement reached at the pre-trial conference shall be reduced to writing and entered

as an order of court.

(b) Pre-trial Statement.

(1) Each party shall file with the Prothonotary a pre-trial statement no later than five (5) days

prior to the pre-trial conference. The pre-trial statement shall include a proposed parenting

plan and an updated Criminal Record/Abuse History Affidavit for each party and all

members of each party’s household. All pre-trial statements shall be in the form required

by Pa. R.C.P. No. 1915.4-4 and shall include any requests for telephonic testimony.

(2) Proposed exhibits and copies thereof shall not be appended to the pre-trial statement and

shall not be filed with the Prothonotary until admitted into evidence by the court.

(3) The Court may require the parties to submit a parenting plan to aid in resolution of the

dispute. The form of the parenting plan shall be in substantial compliance with 23 Pa.

C.S.A. §5331. This form is available at the Adams County Court of Common Pleas’ self-help web page https://www.adamscountypa.gov/courts/courtadministration/selfhelpcenter.

Rule 1915.4-5. Trial.

(a) Scheduling. The presiding judge’s chambers shall schedule all custody trial dates.

(b) Continuance of Trial. A scheduled custody trial shall not be continued without leave of court.

A motion for continuance shall be filed with the Prothonotary, who shall forward same to the

presiding judge for consideration. The position of the opposing party must be noted in the

motion.

there is a reference copy for the presiding judge. Proposed exhibits shall not be filed with the

Prothonotary until admitted into evidence by the court.

Rule 1915.4-6. Communication with the Court.

(a) General. Attorneys and self-represented parties must serve opposing counsel, self-represented

parties and the guardian ad litem with a copy of all written communications made to the court.

Ex parte communications are strictly prohibited.

(b) Motion for Phone Conference with the Presiding Judge. All requests for phone conferences

shall be made by formal motion filed with the Prothonotary. All requests must include the

reason why the telephone conference is being requested and each party’s position regarding

the motion. The moving party must properly serve the motion on all opposing counsel and

self-represented parties in accordance with the Pennsylvania Rules of Civil Procedure.

Rule 1915.5. Preliminary Objections to Jurisdiction or Venue.

All preliminary objections to jurisdiction or venue shall be forwarded by the Prothonotary to the

presiding judge for prompt disposition. In order to facilitate compliance with the Uniform Child

Custody Jurisdiction Enforcement Act, a party shall provide the court with all known information

concerning a custody proceeding in another state which involves the child, including but not

limited to the following: (1) the name and address of the court in which the case is pending; (2)

the caption of the case; (3) the name, address and telephone number of the judge to whom the case

is assigned, and (4) true and attested copies of any orders entered in the case. Information

provided under this rule shall be submitted in writing and attached as an exhibit to the preliminary

objection.

Rule 1915.7-1. Custody Agreements and Consent Orders.

Contents of Custody Agreements and Consent Orders. At any time during the pendency of the

proceedings, the parties may file with the Prothonontary an agreement and proposed consent

order, with the written consents attached thereto, containing original signatures by the parties and

their counsel. Consistent with the Case Records Public Access Policy of the Unified Judicial

System of Pennsylvania, all agreements shall contain the initials of each child and shall be filed

with a Confidential Information Form. All proposed orders shall contain each child’s full name

and the month/year of each child’s birth for identification purposes. Upon receipt of a consent

order, the court may, in its discretion, enter an order without taking testimony thereon.

All proposed consent orders shall contain a separate numbered paragraph with language

substantially in the following form:

“Relocation. A party proposing to change the residence of a child which significantly

impairs the ability of a non-relocating party to exercise custodial rights shall follow the

procedures required by 23 Pa. C.S.A. §5337 and Pa. R.C.P. No. 1915.17”. (See Sample

Form “D” annexed to these rules for a checklist and sample order.)

(Sample Form “D” - CHECKLIST FOR CUSTODY ORDER BY AGREEMENT AND SAMPLE

COURT ORDER ADOPTING THE AGREEMENT OF THE PARTIES)

The Court may incorporate the Agreement of the parties into a Custody Order if the following steps are

followed:

� The Agreement of the parties should list the child/ren by initials and month/year of birth. If the

Agreement lists full names and month/year of birth, you must file a Confidential Information Form

with the Agreement.

� The Agreement of the parties must contain language requesting the Court to enter the Agreement as

an Order of Court.

� The Agreement should include the following standard paragraphs regarding Relocation of a Party:

RELOCATION OF A PARTY:

Relocation. A parent proposing to change the residence of the child(ren) which significantly impairs

the ability of a non-relocating parent to exercise custodial rights shall follow the procedures required

by 23 Pa. C.S. §5337 and Pa. R.C.P. No. 1915.17.

� Complete the Proposed Order of Court which lists the child(ren)’s full name and month/year of

birth. The proposed order must list parties’ names and addresses on the distribution under the Judge’s

signature.

� All parties must sign in the presence of a witness. Notarized agreements are preferred, but not

required.

� In addition to the original, make three (3) copies of the Agreement with proposed order. The order is

placed on top of the Agreement for filing.

� Take the original and three (3) copies with proposed order to file at the Prothonotary's Office on the

1st floor of the Adams County Courthouse.

� If you are initiating a custody action and the parties have reached an agreement without the need

of a custody conference, you must file a custody complaint with criminal affidavits of the parties and

pay the appropriate filing fee at the Prothonotary’s Office at the same time as submitting the proposed

order.

� If the order is granted, the order will be filed in the Prothonotary’s Office and copies of the

orders will be mailed to the parties, if self-represented, or counsel for the parties. If self-represented

you must provide self-addressed, postage pre-paid envelopes for both parties. If counsel does not have

a mailbox in the Prothonotary’s Office a self-addressed, postage pre-paid envelope to counsel’s office

must be provided.

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

CIVIL

__________________________ Case No.

Plaintiff

__________________________

Defendant

ORDER OF COURT

AND NOW, this_____ day of ____________, 20__, it is hereby ordered and directed that the

within Stipulated Agreement for Custody attached hereto and entered into by the parties on

___________, 20__, in regard to the child(ren), _________________ (names of child/ren), born in

______________(month/year of birth for each child) is entered as an Order of Court.

BY THE COURT:

______________________________

JUDGE

Distribution:

_______________________, Esquire/ or unrepresented party name/address

Rule 1915.8. Physical and Mental Examination of Persons.

(a) Requests for Evaluations. All motions within the scope of this section shall be in conformity

with Pa. R.C.P. No. 1915.8, and shall include a proposed order attached which substantially

conforms to Pa. R.C.P. No. 1915.18.

(b) Disclosure of Evaluations. There shall be no disclosure of the contents of an expert evaluation

or report to anyone except parties, the parties’ attorneys of record, the guardian ad litem or

attorney for the child, if any, and the court in accordance with Pa. R.C.P. No. 1915.8.

Disclosure to an unauthorized person, including a child who is the subject of this action, may

result in a finding of contempt and sanctions.

Rule 1915.11. Interview of Child. Attendance of Child at Hearing or Conference.

(a) Attendance of Child at Hearing or Conference. Children shall not be brought to court or a

conciliation conference unless so ordered by the presiding judge or conciliator. The Court of

Common Pleas of Adams County does not provide childcare services.

(b) Interview of Child. An interview of the child, also referred to as an “in camera” interview

shall be conducted in chambers at the discretion of the presiding judge, pursuant to Pa. R.C.P.

No. 1915.11. The court may provide a therapy dog to be present at the time of the in camera

interview, in accordance with current court and county policies. If the parties, counsel or the

child have any concerns regarding the presence of a therapy dog, they are directed to raise

those concerns with the presiding judge at any stage of the proceedings.

Rule 1915.12. Enforcement. Contempt.

(a) Upon the filing of any motion or petition alleging violation of a custody order, and seeking

enforcement of an order, whether or not sanctions are requested, the matter shall be scheduled

for custody presentation to attempt to resolve the matter.

(b) If the request is not disposed of at the custody presentation, the court shall direct appropriate

additional proceedings, which may include a custody conciliation conference, a directive to

participate in counseling and/or mediation, temporary orders relative to interpretation of the

existing order pending further conciliation or trial, scheduling of a trial date, or such additional

matters as justice may require.

procedures set forth in these Rules.

(d) If no agreement is reached at the conciliation conference, a conciliator’s report shall be filed

and the matter shall be scheduled for a hearing before the court.

Rule 1915.13. Special Relief.

(a) Emergency Petitions. If an emergency complaint for custody, petition for modification of

custody, and/or petition for contempt is filed, the moving party shall indicate on the petition

that it is an emergency and shall aver the reason(s) for the emergency nature of the request. It

is not necessary to hand-deliver, e-mail or fax these documents to the presiding judge’s

chambers. Ex parte communications are strictly prohibited. The presiding judge’s staff will

schedule the matter to be heard on the next available custody presentation date, at the

discretion of the presiding judge. Counsel and parties shall make themselves readily available

to attend all emergency proceedings.

(b) All petitions and motions for special relief may be referred to the custody conciliator, pursuant

to these Rules, at the discretion of the court.

request for special relief. If a hearing is granted, the court may continue a scheduled

conciliation conference until the court has rendered a decision on the request for special relief.

(d) If, in an emergency, the court grants ex parte special relief, the court shall schedule a hearing,

within ten (10) days, to address the merits of the petition for special relief. The court may

continue the hearing, if requested to do so by the non-moving party, for reasonable time to

allow that party to seek counsel and prepare a defense to the petition.

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE

Rule 1920.1. Form of Divorce or Annulment Complaint.

A complaint or counterclaim for divorce or annulment which includes a count for custody shall

contain the attachments set forth in Adams C.Civ.R. No. 1915.3 and follow all other custody action

procedures. The Prothonotary shall collect the requisite filing fees for a custody claim at the time the

claim is raised.

Rule 1920.2. Preliminary Objections Regarding Venue.

Preliminary Objections as to the existence or exercise of jurisdiction or venue in any divorce or

annulment action shall be processed in accordance with Adams C.Civ.R. No. 1028.

Rule 1920.33. Pre-trial Statements.

The parties shall file pre-trial statements with the Prothonotary in the manner and timeframe as

required by Pa. R.Civ.P. No. 1920.33. The pre-trial statement shall be in chart or spreadsheet form with

assets and debts listed by category. Failure to comply with these requirements may lead to imposition of

sanctions by the court. The pre-trial statement shall list all exhibits that shall be proffered at trial. Each

exhibit shall be described concisely so that it can be easily identified.

Rule 1920.42. Approval of Grounds for Divorce under Sections 3301(c) and 3301(d) of the Divorce

Code.

To the extent that grounds for divorce have been established under Section 3301(c) or (d) of the

Divorce Code and the parties have been unable to resolve the ancillary claims, the moving party shall file

a Praecipe to Transmit Record in the form required by Pa. R.Civ. P. No. 1920.73 (c) requesting the Court

to enter an order approving grounds for divorce with the court retaining jurisdiction over unresolved

ancillary claims.

Rule 1920.43. Special Relief.

a) Petitions for interim relief, emergency relief, injunctive matters, and/or exclusive possession of the

former marital residence shall be heard by the assigned judge and shall not be deferred to the

divorce hearing officer.

b) All petitions for special relief shall contain a proposed rule to show cause order in the form

prescribed by Adams C.Civ.R. No. 206.4(B). Service shall be made by the petitioner to opposing

counsel and self-represented parties contemporaneously with filing. A certificate of service shall

be filed within five (5) days of filing indicating date and manner of service.

c) Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which

stays proceedings or which by its terms grants substantive relief, shall file the petition, proposed

order and rule with the Prothonotary who shall forward it to the assigned judge. The court will not

enter a stay or grant more immediate relief ex parte unless:

1. Notice – It appears from the petition or motion that reasonable notice, under the

circumstances, of the date, time and place of the presentation of the petition has been

given to all counsel and unrepresented parties;

2. Stipulation – It appears from the petition or motion that there is an agreement by all

counsel and unrepresented parties; or

3. Exigency – If pled, the court in its discretion shall determine whether there are

extraordinary circumstances justifying a stay or more immediate relief.

Rule 1920.45. Counseling.

If a party timely requests marital counseling pursuant to 23 Pa. C.S.A. §3302, the party making

such request shall provide a proposed order to stay the proceedings and require the parties to engage in

marital counseling. The Prothonotary shall forward the request and the proposed order to the assigned

judge for action.

Rule 1920.51. Appointment of Divorce Hearing Officer. Notice of Hearing. Fees as Costs.

a) Qualifications of Divorce Hearing Officer: The divorce hearing officer shall be appointed by

the court to serve at will and shall serve in the 51st Judicial District pursuant to the applicable

Pennsylvania Rules of Civil Procedure and 51st Judicial District Rules of Civil Procedure.

Compensation shall be at a rate established by Administrative Order. The divorce hearing officer

shall have at least five (5) years of experience in family law cases, including divorce litigation. In

the event of disqualification, unavailability or recusal by the divorce hearing officer, the court

may, in its discretion, appoint an alternate officer hear the case.

b) Motion to Appoint Divorce Hearing Officer. Order: Either party may file a motion and

proposed Order of Court for an appointment of a divorce hearing officer to hear claims as

permitted by Pa. R.Civ.P. No. 1920.51, along with the required deposit and filing fee. The

court shall appoint the divorce hearing officer in accordance with the claims to be

determined as set forth in the motion. The form of the Motion for Appointment of Divorce

Hearing Officer and Order shall be substantially as set forth in Pa. R.Civ.P. No. 1920.74 and

shall aver whether any acting divorce hearing officer is disqualified from acting as the

hearing officer in the action along with the basis for disqualification. When applicable

pursuant to Pa. R.Civ.P. Nos. 1920.31 and 1920.33, the moving party must certify in writing

as to the filing of a true copy of the most recent federal income tax return, pay stubs for the

preceding six months, a completed Income Statement in the form required by Pa.R.Civ.P.

No. 1910.27(c)(1), a completed Expense Statement in the form required by Pa.R.Civ.P. No.

1910.27(c)(2)(B), and/or an Inventory substantially in the form set forth in Pa.R.Civ.P. No.

1920.75. The motion must certify that discovery is complete for the claims which the divorce

hearing officer is being requested to hear.

The Prothonotary shall electronically transmit all pleadings on an ongoing basis to the

appointed divorce hearing officer during the pendency of the appointment.

c) Fees as Costs. Payment of Divorce Hearing Officer’s Fees. Return of Excess Funds on

Deposit.

A deposit as determined by the court shall be paid to the Prothonotary at the filing of the

Motion for the Appointment of the Divorce Hearing Officer. The deposit shall be applied to

the divorce hearing officer’s bill of cost as submitted and approved by the court. The

divorce hearing officer’s fees shall be regarded as costs of the case and the divorce hearing

officer may recommend the manner in which those costs shall be allocated. Once appointed,

the divorce hearing officer may direct at any time that additional deposits be made. In the

event that the divorce hearing officer or the court assesses costs against a party to the action,

the costs shall be paid in full or a sufficient amount to cover the costs shall be deposited to

the Prothonotary within thirty (30) days of the date of the court order. If the payment or

deposit is not made within that time frame, in addition to other remedies, the court may

direct the divorce hearing officer to liquidate sufficient marital property to pay all sums due

and owing. Following the filing of the divorce hearing officer’s Report and

Recommendation, the divorce hearing officer may file a motion and proposed order

requesting payment of fees, along with a recommendation as to the return of any excess fees

deposited on account, if applicable. In the event that there are not sufficient funds on

deposit with the Prothonotary, the proposed order shall include the requested method of

payment of such additional fees not covered by the deposits by the parties in conformity with

the Report and Recommendation, or by such third parties as the court may direct.

In any action where the appointment of the divorce hearing officer is withdrawn after the

appointment has been made by the court, the party who paid the fees may petition the court

for return of the fees, less any costs or fees already incurred.

d) Delay in Appointment of the Divorce Hearing Officer: The court may reject or delay the

appointment of the divorce hearing officer for any one of the following procedural defects:

1. Failure of a party to obtain court approval of grounds for divorce under section 3301(c)(1),

3301(c)(2) and 3301(d) divorce claims as required by Pa. R.Civ.P. No. 1920.42;

2. Failing to file an Inventory when required to do so by Pa. R.Civ.P. No. 1920.33(a); or the

motion for the appointment was filed less than 30 days after filing of the moving party’s

Inventory;

3. The motion does not indicate that discovery is complete for the claims for which the

divorce hearing officer is requested to adjudicate;

4. Either party has raised a claim for alimony, counsel fees or costs and expenses and the

filing party has failed to file his/her Income and Expense Statements as required by Pa.

R.Civ.P. No. 1910.27(c)(2)(b), copies of pay stubs for the preceding six months and copies

of most recent federal income tax return as require by Pa. R.Civ.P. No. 1920.31;

5. The defendant has been properly served and fails to appear in the action and the Plaintiff

has not filed an Affidavit of Non-Military Service pursuant to Pa. R.Civ.P. No. 1920.46;

6. If the divorce hearing officer finds the proceedings to be fatally defective in any particular,

they shall make a prompt report to the court. If the divorce hearing officer finds that a

defect may be curable by amendment, s/he shall notify counsel and suspend further action

pending correction. If no correction is made, the divorce hearing officer shall make a

prompt report thereof to the court.

Rule 1920.53. Preliminary Proceedings and Hearings Before the Divorce Hearing Officer.

Settlement of Case. Sanctions.

a) Attendance at Pre-Hearing and Settlement Conferences: The divorce hearing officer shall

schedule a preliminary pre-hearing conference within forty-five (45) days of receiving the

appointment. Both parties and their counsel shall attend all conferences unless excused by the

divorce hearing officer. A request for a party to be excused or for a party/counsel to participate by

electronic means must be made in writing and delivered to opposing counsel/party and to the

divorce hearing officer no less than five (5) business days in advance of the scheduled conference

and the opposing side’s position must be noted in the request. Failure of any properly-served

party or attorney to attend a scheduled proceeding before a divorce hearing officer may subject the

offending party or attorney to appropriate sanctions by the court, which may include, inter alia,

imposition of costs for the proceeding that was missed.

b) Directives: The divorce hearing officer shall be vested with the authority to issue directives for

compliance in connection with discovery pertaining to the matters commissioned to the divorce

hearing officer. Any directive issued by the divorce hearing officer shall have the effect of an

interim order of court and shall be subject to contempt proceedings. Upon a party’s failure to

comply with a directive, the divorce hearing officer, on motion of the adverse party or sua sponte,

may continue the matter until discovery is complete. The aggrieved party or the divorce hearing

officer may file a motion to compel compliance with the directive(s) and for sanctions and

recommend to the assigned judge any sanction outlined in Pa. R.Civ.P. Nos. 1920.33(d) and/or

4019(c)(1), (2), (3) or (5).

c) Notice of hearing: The divorce hearing officer shall give at least twenty (20) days’ advance

written notice of the time and place of hearing to the attorneys of record, or to unrepresented

parties, in the manner prescribed by Pa. R.Civ.P. No. 1920.51.

d) Continuance requests: Requests for continuance of any pre-hearing or settlement conference

shall be made in writing directed to the divorce hearing officer. The opposing party’s position

must be noted in the request or the request may be denied. Requests for continuance of a divorce

hearing shall be made by formal motion and filed with the Prothonotary. The Prothonotary shall

forward the motion to the assigned judge. The moving party shall serve a copy of the motion on

the divorce hearing officer and opposing counsel/party contemporaneously with filing. The

divorce hearing officer shall promptly notify court administration if the matter is continued. The

divorce hearing officer may require additional deposits with the Prothonotary prior to hearing.

Failure to comply with such a directive shall result in the continuance of any scheduled hearing.

In order to avoid delay, the aggrieved party may elect to pay the deposit of the offending party

without prejudice to request sanctions be given to the offending party.

e) Notification of Settlement of Case Prior to Hearing: If the case is settled prior to a hearing, the

parties and their counsel shall immediately notify the divorce hearing officer and court

administration of such settlement and inform the divorce hearing officer regarding the manner in

which the divorce hearing officer’s fees shall be allocated and any surplus fees on deposit with the

Prothonotary shall be distributed. A copy of the parties’ Marriage Settlement Agreement shall be

provided to the divorce hearing officer, if so requested.

f) Revocation of Appointment: The appointment of the divorce hearing officer may be revoked by

the court sua sponte, or upon motion of either party for good cause shown, or upon motion of the

divorce hearing officer on the grounds that no hearing has been held within ninety (90) days after

the date of the appointment.

g) Hearings and Amendments to Pleadings: The divorce hearing officer shall hold a formal record

hearing for the determination of all matters at issue and for consideration of all matters required by

Pa. R.Civ.P. Nos. 1920.53 and 1920.54, as may be applicable. The time and place of the hearing

shall be directed by court administration. The hearing shall be held in a secure court facility and

shall be recorded by a method directed by the court. Subject to the direction of the court, the

divorce hearing officer shall have the usual powers of the court, with regard to detention of

witnesses and the general course of the proceedings before the divorce hearing officer. The

divorce hearing officer shall also have the authority and power to rule on objections and the

admissibility of evidence and to permit amendments to the complaint in order to have the

pleadings consistent with the testimony given. However, no amendment shall be permitted which

changes the grounds for divorce alleged in the complaint. In cases where amendments to the

Complaint have been granted, the notice of the filing of the Report and Recommendation shall

contain a brief summary of the amendments permitted.

h) Presentation of Evidence: To facilitate efficient review of the transcript of the testimony, the

divorce hearing officer may require presentation of evidence in the following order:

1. Name, address, age and occupation of each party.

2. When the method of service of the complaint has been via certified mail, proof of the

defendant’s signature.

3. Date and place of marriage.

4. Length of the parties’ respective residences within the Commonwealth of Pennsylvania.

5. Name, age and residence of each child of the parties, and with whom each child resides.

6. Grounds of divorce or annulment (unless already approved by court order).

7. Other relevant matters.

Rule 1920.55-2. Divorce Hearing Officer’s Report and Recommendation. Notice. Exceptions. Final

Decree.

a) Report and Recommendation: After the conclusion of any hearing, the Divorce Hearing Officer

shall file the record and a written Report and Recommendation in accordance with Pa. R.Civ.P.

No. 1920.55-2(a). The Divorce Hearing Officer shall file the original Report and

Recommendation and all exhibits admitted at hearing with the Prothonotary for docketing,

accompanied by a Confidential Information Form as required by the Case Records Public Access

Policy of the United Judicial System of Pennsylvania. The Divorce Hearing Officer shall shall

serve copies of the Report and Recommendation to all counsel and self-represented parties and file

a certificate of service accordingly.

b) Exceptions:

1. Procedure: Exceptions to the Report and Recommendation of the divorce hearing officer

shall be filed with the Prothonotary, and a copy thereof served at the same time upon

opposing counsel or self-represented party. The Prothonotary shall forward the exceptions

to the judge assigned.

2. Interim Order: Upon filing of exceptions in all divorce and annulment actions, the

Report and Recommendation of the divorce hearing officer shall be effective as an interim

order as to those issues. The exceptions shall not act as a stay pending resolution of the

exceptions.

3. Transcript Requests: A party who files exceptions shall order, pay for, and file a

transcript of the divorce hearing, following the procedure outlined in Adams R.J.A. Nos.

4007, 4008, 4009 and 4011. If a transcript of proceedings is needed to assist the divorce

hearing officer in resolving the case, the divorce hearing officer may request a transcript

through the assigned judge’s chambers.

4. Brief in Support of Exceptions: If either party files exceptions to the Report and

Recommendation, the party filing exceptions shall file and serve a brief in support of their

exceptions within twenty (20) days of filing of the exceptions. When applicable, this brief

shall cite to the page number(s) in the transcript which relate to a particular issue. The

brief in support of exceptions shall be filed with the Prothonotary and served upon the

opposing counsel or self-represented party. Failure to file and serve a supporting brief

within the time frame allotted shall result in the exceptions being deemed withdrawn and,

upon Praecipe by either party, the court shall enter an order dismissing the exceptions.

5. Responsive Brief: If a brief in support of exceptions has been timely filed and served, the

party opposing the exceptions shall file a brief in opposition within fifteen (15) days after

service of the brief in support of exceptions. When applicable, this brief shall cite to the

page number(s) in the transcript which relate to a particular issue. This brief shall be filed

with the Prothonotary and served upon the opposing counsel or self-represented party.

6. Oral Argument: Oral argument shall automatically be scheduled by the court unless both

the parties file a written waiver.

7. Transmittal of the Record: If no exceptions are filed by any party in the time prescribed

by the Pennsylvania Rules of Civil Procedure, or if exceptions have been filed and an

Order has been entered disposing of the exceptions, the court will, upon Praecipe filed by

either party, enter the final Decree in Divorce.

c) Delinquent Report: If a divorce hearing officer fails to file a Report and Recommendation

within the period established by the Pennsylvania Rules of Civil Procedure, the divorce hearing

officer shall report such failure to the court, explain the reasons for the failure and state when the

report shall be filed. The court may terminate a divorce hearing officer’s appointment, reduce or

deny compensation, or order other such relief as may be appropriate, in instances where the

divorce hearing officer has violated this rule, or has failed to comply with the time limits of the

Pennsylvania Rules of Civil Procedure, without adequate explanation. Such relief may be ordered

by the court sua sponte, or upon application of any party.

ACTIONS BY REAL PARTIES IN INTEREST

MINORS AS PARTIES

Rule 2039. Compromise, Settlement, Discontinuance and Distribution.

A. Contents of the petition. A petition for leave to compromise, settle or discontinue an action in

which a minor is a party or an action for wrongful death in which a minor is interested shall set forth:

1. The facts of the case.

2. The damages sustained.

3. All expenses incurred or to be incurred, including counsel fees.

4. Any other relevant information.

B. The Court may require a hearing to determine whether the proposed compromise, settlement or

discontinuance should be approved.

C. Appearance at hearing. Necessary parties and witnesses shall appear at the hearing unless

excused for cause shown.

D. Proposed Order. All petitions pursuant to this rule shall be accompanied by alternative

proposed Orders consisting of a proposed Order containing the suggested relief and a proposed Order

substantially in the following form:

IN THE COURT OF COMMON PLEAS OF

ADAMS COUNTY, PENNSYLVANIA

(caption)

ORDER

AND NOW, this ____ day of ______ , 200 __ , the Court shall consider the attached motion at a

hearing to be held on ______ , 200 ____ , at _____ , in a Courtroom to be designated.

BY THE COURT:

_________________

Rule 2064. Compromise, Settlement, Discontinuance and Distribution.

A petition for leave to compromise, settle or discontinue an action in which an incapacitated

person is a party shall be governed by Adams C.Civ.R. No. 2039.

ACTIONS IN WRONGFUL DEATH

Rule 2205. Wrongful Death. Notice.

In addition to the formal notice authorized by Pa.R.C.P. No. 2205, a plaintiff in a wrongful death

action may give notice to a person entitled to recover damages in the action by any means of service, other

than ordinary mail, authorized by general rule.

Rule 2206. Settlement, Compromise, Discontinuance and Judgment.

A petition filed pursuant to Pa.R.C.P. No. 2206 shall be governed by Adams C.Civ.R.

No. 2039.

SHERIFF'S INTERPLEADER

Rule 3252. Writ of Execution.

The office identified in Adams C.Civil R. No. 1018.1 is designated as the office to be named in a

writ of execution notice.

[Pa.B. Doc. No. 05-985. Filed for public inspection May 20, 2005, 9:00 a.m.]

[Pa.B. Doc. No. 07-1227. Filed for public inspection July 13, 2007, 9:00 a.m.] [Rule 1920(a), (d), (e),

(f), (n).]

[Pa. B. Doc. No. 08-1581. Filed for public inspection August 29, 2008] [Rule 1920(l)]

[Pa.B. Doc. No. 13-343. Filed for public inspection March 1, 2013, 9:00 a.m.] [Rule 1302(b), (c), (d),

(e)][Rule 1303]

[Pa.B. Doc. No. 13-1436. Filed for public inspection August 2, 2013, 9:00 a.m.] [Rule 230.2; Rule

230.3]

[Pa.B. Doc. No. 13-1438. Filed for public inspection August 2, 2013, 9:00 a.m.] [Rule 206.1(a); Rule

212(A), (B), (C), (D)]

[Pa.B. Doc. No. 14-2542. Filed for public inspection December 12, 2014, 9:00 a.m.] [Rule 236; Rule

1916]

[Pa.B. Doc. No. 17-1298. Filed for public inspection August 4, 2017, 9:00 a.m. and Pa.B. Doc. No.

17-1299. Filed for public inspection August 4, 2017, 9:00 a.m.] [Rule 1905]

[Pa.B. Doc. No. 18-1444. Filed for public inspection September 14, 2018, 9:00 a.m.] [Rule 205.2(a),

Rule 251, Rule 430, Rule 1302(c)]

[Pa.B. Doc. No. 18-1887. Filed for public inspection December 7, 2018, 9:00 a.m.] [Rule 1910.4, Rule

1910.10, Rule 1910.11, Rules 1910.12 to 1910.19, Rule 1910.20]

[Pa.B. Doc. No. 19-62. Filed for public inspection January 18, 2019, 9:00 a.m.] [Rule 1915.1, Rule

1915.3, Rule 1915.4-3.1, Rules 1915.4-3.2, Rule 1915.4-3.3, Rule 1915.4-4, Rule 1915.4-5, Rule

1015.4-6, Rule 1915.5, Rule 1015.7-1, Rule 1915.8, Rule 1915.11, Rule 1915.12, Rule 1915.13, Rule

1930.4; Rule 1916 vacated]

[Pa.B. Doc. No. 19-1579. Filed for public inspection October 25, 2019, 9:00 a.m.][Rule 1915.3(a)(5)]

[Pa.B. Doc. No. 23-101. Filed for public inspection January 27, 2023, 9:00 a.m.][Rule 236; Rule

1910.11; Rule 1915.4-3.1; Rule 1915.4-4]

[Pa.B. Doc. No. 23-751. Filed for public inspection June 9, 2023, 9:00 a.m.][Rules 1920.1 through

1920.55-2; Rules 1920(a)-(n), Rule 1921 and Rule 1930.4 vacated]

[Pa.B. Doc. No. 23-1356. Filed for public inspection October 6, 2023, 9:00 a.m.][Prior Rules

1901~1906 vacated; New Rules 1901, 1901.5 and 1905 created]

[Pa.B. Doc. No. 23-1629. Filed for public inspection November 22, 2023, 9:00 a.m.][New Rule 220

created]

[Pa.B. Doc. No. 26-3. Filed for public inspection January 2, 2026, 9:00 a.m.][Rule 1905(B) and

(C)(3)]

[Pa.B. Doc. No. 26-608. Filed for public inspection May 1, 2026, 9:00 a.m.][Rule 212.7]

{current as of 6/1/26}

Provenance

Source: www.adamscountypa.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 96a2cb7c6b9b0d6da7ebbe0ac8662ccb0a6f41235bbd2e1a453eda1d5fcef812

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