Lancaster Cnty. C.P. Rules of Civil Procedure Rule 440.1

A proof of service shall conform to Pa. R.A.P. No. 122.

Revised 1-18-17 Effective 3-20-17

RULE 1018.1. Notice to Defend

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

organization from which information can be obtained:

Lancaster Bar Association

Lawyer Referral Service

Telephone: 717-393-0737

RULE 1028(c). Preliminary Objections

A. Preliminary Objections Pursuant to Pa. R.Civ.P. No. 1028(a)(2), (3) or (4).

1. Proposed Order. All preliminary objections shall be accompanied

by a proposed order.

2. Stipulated Matters. If the parties agree to the relief sought, the

preliminary objections shall be accompanied by a stipulation signed by all

affected counsel or unrepresented parties, a proposed order and a praecipe to

assign the stipulated matter for disposition.

3. Brief. The party filing preliminary objections shall file a supporting

brief within ten days of the date of filing of the preliminary objections. If a

supporting brief is not filed within ten days of the filing of the preliminary

objections, the preliminary objections shall be deemed withdrawn upon praecipe

of the respondent. In that event, the objecting party shall file an answer to the

complaint within twenty days of the date the praecipe is filed.

4. Responsive Brief. If a supporting brief is filed, the respondent

shall file a responsive brief within twenty days after service of the supporting

brief.

5. Reply Brief. The moving party may file a reply brief within five

days after service of the responsive brief.

6. Assignment. After all briefs are filed any party may make a

request to Chambers for disposition by filing a praecipe for disposition. The

praecipe shall include the filing dates of the preliminary objections and brief,

the responsive brief and the reply brief (if any).The prothonotary shall then

forward the preliminary objections, brief, responsive brief and reply brief (if

any) to chambers for disposition.

7. Oral Argument. Any party may request oral argument by filing a

praecipe at the time of the filing of their brief. Oral argument shall be at the

discretion of the judge.

B. Preliminary Objections Pursuant to Pa. R.Civ.P. No. 1028(a)(1), (5 )

or (6).

C. If the parties agree to extend the briefing schedule, the parties shall file a

Notice of Extension of Briefing Schedule settling forth the agreed upon extension.The

Objection(s) at issue will be sent to the assigned judge for disposition by the filing of a

praecipe for disposition of any party.

Any party filing preliminary objections pursuant to Pa. R.Civ.P. No. 1028(a)(1),

(5) or (6) shall attach a notice to plead. Such objections are governed by Local Rules

206.1(a), 206.4(c) and 206.7.

Revised 12-5-24 Effective 3-10-25

RULE 1034(a). Motion for Judgment on the Pleadings

A. Proposed Order. All motions shall be accompanied by a proposed order.

B. Stipulated Matters. If the parties agree to the relief sought, the motion

shall be accompanied by a stipulation signed by all affected counsel or unrepresented

parties, a proposed order and a praecipe to assign the stipulated matter for disposition.

C. Motion and Brief. The moving party shall file the motion, proposed order

and a supporting brief concurrently. If a brief is not filed with the motion, the motion

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

D. Responsive Brief. Within twenty days after service of the moving party’s

motion and brief, any party opposing the motion shall file a responsive brief.

E. Reply Brief. The moving party may file a brief in reply to the responsive

brief within five days after service of the responsive brief.

F. Disposition. After all briefs are filed any party may make a request to

Chambers for disposition by filing a praecipe for disposition. The praecipe shall include

the filing dates of the motion and brief, the responsive brief, and the reply brief (if any).

The Prothonotary shall deliver the motion and brief, the responsive brief, the reply brief

(if any) to the assigned judge for disposition.

G. Oral Argument. Any party may request oral argument by filing a

praecipe, at the time of the filing of their brief. Oral argument shall be at the discretion

of the judge.

Revised 12-5-24 Effective 3-10-25

RULE 1035.2(a). Motion for Summary Judgment

A. Proposed Order. All motions shall be accompanied by a proposed order.

B. Stipulated Matters. If the parties agree to the relief sought, the motion shall

be accompanied by a stipulation signed by all affected counsel or unrepresented parties,

a proposed order and a praecipe to assign the stipulated matter for disposition.

C. Motion and Brief. The moving party shall file the motion, a proposed order

and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall

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

D. Responsive Brief. Within thirty days after service of the moving party’s

motion and brief, any party opposing the motion shall file a responsive brief, together with

any opposing affidavits, depositions, transcripts or other documents. Any party who fails

to file a responsive brief shall be deemed not to oppose the motion.

E. Reply Brief. The moving party may file a brief in reply to the responsive

brief within five days after service of the responsive brief.

F. Disposition. After all briefs are filed any party may make a request to

Chambers for disposition by praecipe. The praecipe shall include the filing dates of the

motion and brief, the responsive brief and the reply brief (if any). The Prothonotary shall

deliver the motion and brief, the responsive brief and the reply brief (if any) to the assigned

judge for disposition.

G. Oral Argument. Any party may request oral argument by filing a praecipe,

at the time of the filing of their brief. Oral argument shall be at the discretion of the judge.

Revised 12-5-24 Effective 3-10-25

RULE 1301. Compulsory Arbitration. Scope

A. All civil suits or actions and landlord tenant disputes, where the amount

in controversy is $50,000.00 or less, when at issue, shall first be submitted to

arbitration. In all landlord tenant disputes where the amount of alleged damages in

controversy is $50,000 or less, the arbitrators may award possession of the property in

addition to any damages proven.

B. This Rule shall not apply to cases involving title to real estate, cases

which have been consolidated for trial with cases involving more than $50,000.00 or

cases requiring equitable or declaratory relief.

C. A case is at issue 120 days after the filing of the answer.

D. When the case is at issue, the Prothonotary shall notify the District Court

Administrator.

Revised 7-12-17 Effective 10-30-17

RULE 1302. List of Arbitrators. Appointment to Board

The President Judge shall appoint attorneys to serve as arbitrators and as

chairpersons of boards of arbitrators. The District Court Administrator shall maintain the

lists of attorneys so appointed and shall assign the attorneys to serve from those lists.

RULE 1303. Hearing. Notice

The District Court Administrator shall fix the date, time and place of the hearing,

assign the arbitrators and give notice to the parties not less than sixty days before the

hearing.

RULE 1308. Arbitrators’ Compensation

Arbitrators and chairpersons shall be compensated at rates established by the

President Judge.

RULE 1507. Notice Pursuant to Pa. R.Civ.P. No. 1507

When notice is required pursuant to Pa. R.Civ.P. No. 1507:

A. The notice shall be given by publication pursuant to Pa. R.Civ.P. No. 430

and Local Rule 430.

B. The notice shall state:

1. That an action has been filed.

2. The caption of the case as defined in Pa. R.Civ.P. No. 1018.

3. The nature of the action and the relief sought.

4. The nature of the noticed party’s interest in the property.

C. The notice shall also state that the noticed party may appear in the action

and that, if the party fails to do so within thirty days of the publication, a decree which may

bind the party’s interests may be entered.

Revised 12-5-24 Effective 3/10/25

ACTIONS FOR SUPPORT

RULE 1910.11(a). Hearings before the Court. Scheduling. Responsibilities of

Counsel

A. Upon motion of a party, the Court may approve a special listing. Upon

approval, counsel shall contact the District Court Administrator to schedule a hearing.

The scheduling shall not occur unless the District Court Administrator is notified of the

Court's decision by counsel.

B. The scheduling of a special relief hearing must be approved by the assigned

Judge.

ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

RULE 1915.1. Scope. Definitions

Local Rules 1915.1 through 1915.19(a) govern all actions for custody, partial

custody and visitation, including original actions, contempt proceedings and petitions to

modify orders.

RULE 1915.3. Commencement of Action. Complaint. Order. Service

A. Except as provided in subdivisions F and G, all custody complaints shall be

filed with the Prothonotary.

B. In addition to fees assessed for filing a complaint, an additional

administrative fee shall be assessed by order of Court and shall be paid to the

Prothonotary at the filing of the custody complaint.

C. When a custody claim is asserted in a divorce action, either party may

request a date and time for a conference on the custody issue by filing an order with the

complaint or with a motion. The administrative fee must be paid to the Prothonotary when

the conference is requested.

D. After filing, all complaints or motions for conferences shall be forwarded to

the District Court Administrator, who shall set the time, date and place for a custody

conference.

E. The moving party shall serve the complaint and order or motion in

accordance with the Pennsylvania Rules of Civil Procedure and shall file a proof of

service.

F. Any complaint seeking custody of a child within the jurisdiction of the

Juvenile Court pursuant to any proceeding under the Juvenile Act shall be presented to

the assigned Judge who will determine how the matter will proceed.

G. Any complaint seeking custody of a child within the jurisdiction of the

Orphans' Court pursuant to a petition for voluntarily relinquishment of parental rights,

confirmation of consent to adoption, involuntary termination of parental rights or adoption

shall be presented to the Orphans' Court Judge who will determine how the matter will

proceed.

H. All filings requesting custody of a child shall contain a Criminal

Record/Abuse History Verification in accordance with Rule 1915.3-2 and, if applicable a

claim of paternity in accordance with Rule 1915.3(d).

Revised 2-10-16 Effective 4-4-16

RULE 1915.3-2. Criminal Record/Abuse History Verification

A. All filings requesting custody of a child shall include a Criminal

Record/Abuse History Verification

B. Initial evaluations may be conducted by custody conference officers for

the following offenses:

1. A first offense DUI(s);

2. A first offense drug possession; and,

3. A first Indirect Criminal Contempt.

C. Those enumerated offenses on the Criminal Record/Abuse History

Verification not contained in B. above, or those in B. above not resolved at the custody

conference shall be scheduled before the assigned judge for a hearing pursuant to 23

Pa.C.S.A. §5329.

Adopted 2-10-16 Effective 4-4-16

RULE 1915.5 (a). Jurisdiction. Contempt. Continuances. Emergency Relief

A. A party objecting to jurisdiction or venue before the custody conference

shall present the objection to the Court and present a request for a continuance to the

District Court Administrator.

B. A contested request for a continuance of a scheduled custody conference

shall be presented to the Court for decision. A request for continuance shall be filed with

the District Court Administrator in accordance with local procedure. In all requests for a

continuance, no continuances will be granted within 14 days of the conference without an

order of Court and payment of the conference fee.

C. Any complaint for custody, petition for modification, request for special relief

or contempt petition containing a request for interim relief must be presented to the

assigned Family Court Judge in Family Business Court.

D. Where the parties are in agreement for a continuance, they shall file an

Uncontested Motion for Continuance and Waiver of Custody Case Time Requirements in

the form provided in Local Rule 1915.19(a).

RULE 1915.5(b). Custody Conference Officer. Conferences. Procedure

A. The Court shall appoint members of the Lancaster County Bar or other

appropriate persons as custody conference officers to conciliate custody cases filed with

the Court and to recommend temporary custody orders.

B. All custody matters shall be scheduled for conference before a custody

conference officer no sooner than ten days after the filing of a request for conference.

All parties shall be present at such conference unless excused by the custody conference

officer. Failure of a party to appear at the conference may result in the entry of a temporary

or permanent order without information from that party.

B.1 The conference officer shall resolve any risk of harm issues in accordance

with Rule 1915.3.H above.

C. A child shall not be brought to the conference except by order of Court. If

a child, who is the subject of an action, attends a hearing or conference pursuant to Pa.

R.C.P. No. 1915.11(c) or other rule, the party bringing the child shall be responsible for

supplying a person to supervise the child while the parties are in the custody conference

or in Court.

D. To facilitate conciliation and to encourage frank exchanges between the

parties and their respective counsel, statements made by the parties at the custody

conference shall be inadmissible as evidence at a later custody hearing. The custody

conference officer shall not be a witness for or against any party at any subsequent

custody hearing.

E. Post-conference Procedure

1. Settled Case. If an agreement is reached during the conference,

the custody conference officer shall record the agreement on a memorandum of

agreement form supplied by the Court. All parties shall sign the memorandum,

and the custody conference officer shall prepare and present a proposed order to

the assigned Family Court Judge. Any party who has not filed a certificate of

completion for Focus on Children with the Prothonotary shall do so within sixty (60)

days of the Order. If an agreement is reached within twenty four hours before a

scheduled conference, the parties shall submit a stipulation signed by all parties

and a proposed order to the custody conference officer, who shall submit them to

the assigned Family Court Judge.

2. Contested Case. If the parties fail to reach an agreement before the

conclusion of the custody conference, within ten days of the conference the

custody conference officer shall submit to the assigned Family Court Judge a

conference summary report and recommended temporary order. The

recommendation may propose a follow-up custody conference with or without

consent of the parties. The order will schedule a follow-up custody conference or

a hearing.

F. Pre-trial Conference

1. Scheduling. Upon recommendation of a conference officer, a

motion of counsel, or sua sponte by the Court, the Court may schedule a custody

pre-trial conference.

2. Attendance. The conference shall be attended by each party or if a

party is represented by counsel, then by counsel. Counsel, shall have authority to

bind the client.

3. Preparation. The parties shall comply with Pa.R.C.P. 1915.4-4 and

the parties or parties’ counsel shall disclose to the Court any use of general or child

protective services or any allegations of child abuse by a party or member of their

household in accordance with 23 Pa.C.S. § 5329.1. At least five business days

before the conference, counsel or the unrepresented party shall file a pre-trial

statement containing:

a. A concise statement of the issues and proposed resolution;

b. A list of any contempt issue;

c. A list of fact and expert witnesses, their relationship to the

party along with their addresses;

d. A statement by the party of the party’s counsel that he or she

has communicated with each listed witness;

e. A list of exhibits;

f. A list of deposition transcripts to be used in lieu of testimony

and a statement of all known objections;

g. A statement of stipulations sought;

h. A statement of requests such as a special time for a witness,

courtroom needs etc.; and,

i. A proposed order setting forth the custody schedule

requested by the party.

4. Any reports of experts and other proposed exhibits shall be included

as part of the pre-trial statement served upon the other party or opposing counsel,

but not included with the pretrial statement served upon the court. No exhibit

containing private medical or psychological information shall be filed with the

Prothonotary.

Revised 2-10-16 Effective 4-4-16

RULE 1915.7. Consent Order

If an agreement is reached regarding custody, partial custody or visitation at least

twenty four hours prior to the scheduled conference, the parties may submit a stipulation,

with attached custody education seminar completion certificates, and proposed order to

the Family Court Judge for disposition. An agreement reached within twenty four hours

of the scheduled conference shall be governed by Local Rule 1915.5(b)(E)(1).

RULE 1915.15. Form of Order

The order to be attached on top of a complaint for custody or petition for visitation

or to modify custody shall be in substantially the following form:

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION LAW

, :

Plaintiff:

:

v. : No.

:

, :

Defendant:

ORDER

You, , (Plaintiff) (Defendant), have been sued in Court

to (OBTAIN)(MODIFY) (shared legal custody) (sole legal custody) (partial physical

custody) (primary physical custody) (shared physical custody) (sole physical custody)

(supervised physical custody) of the following child/children: (names)

1. You are ordered to appear in person at 50 North Duke Street, Lancaster

County Courthouse, Lancaster, Pennsylvania, on the day of, 20

, at ____ o'clock __.m. for a conciliation conference to be held in room number ________

before Custody Conference Officer.

2. Pending the custody conference:

(Court selects option)

 No temporary order is requested.

 The Court issues no temporary order.

 The custody Order (date and reference No.)

remains in effect.

With the following revisions (if applicable)

The Court enters the following Temporary Order

3. Required Education Seminar:

b. All parties named in the caption of the case MUST participate in the

custody education seminar approved by the Court at the time the custody action

was filed.

c. Unless specifically directed by order of Court, no children shall be

present at either the custody education seminar or the conciliation conference.

For those cases in which the Court directs the party to bring a child or children to

the conference, the supervision requirements of Local Rule 1915.5(b)C apply.

d. Attendance at the custody education seminar will be verified by a

certificate which must be presented to the Conference Officer at the beginning of

the conciliation conference.

e. A brochure and registration form identifying the seminar and giving

the dates, times and location of the seminar is attached. The registration form

and fee MUST be returned promptly to assure timely attendance. All parties must

attend the required seminar even if the seminar information was omitted from the

attached complaint or petition.

f. If a brochure and registration form are not attached, call the District

Court Administrator at 717-299-8041 or access the form on the County website

which is www.co.lancaster.pa.us/Courts.

g. If you fail to attend the custody education seminar without being

excused by order of Court, you WILL be subject to contempt proceedings.

4. If you fail to appear as provided by this order, an order for custody, partial

custody or visitation may be entered against you or the Court may issue a warrant for

your arrest.

5. You must file with the court a 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 (including, but not limited to, a conference with a

conference officer or judge or conciliation) but no later than 30 days after service of the

complaint or petition.

6. 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 applicable 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.

OFFICE OF THE DISTRICT COURT ADMINISTRATOR

LANCASTER COUNTY COURTHOUSE

50 NORTH DUKE STREET

LANCASTER, PA 1760

(717) 299-8041

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Lancaster 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 District Court Administrator. All arrangements must be made

at least seventy two hours prior to any hearing or business before the Court. You must

attend the scheduled conference or hearing.

BY THE COURT:

JUDGE

DATE:

ATTEST:

Revised 2-10-16 Effective 4-4-16

1915.15.1. Form of Criminal Record/Abuse History Verification

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

______________________________ :

:

vs. : No. CI-

:

______________________________ :

CRIMINAL RECORD/ABUSE HISTORY VERIFICATION

I ______________________________, hereby swear or affirm, subject to

penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to

authorities that:

1. Unless indicated by my checking the box next to a crime below, neither I

nor any other member of my household have been convicted or pled guilty or pled no

contest or was adjudicated delinquent where the record is publicly available pursuant to

the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a

substantially equivalent crime in any other jurisdiction, including pending charges:

Check Other Date Sentence

all that Household Conviction,

apply Crime Self Member guilty plea, no

contest plea, or

pending charges

□ 18 Pa.C.S. Ch. 25

(relating to criminal homicide) □ □ __________ _______

□ 18 Pa.C.S. §2702

(relating to aggravated assault) □ □ __________ _______

□ 18 Pa.C.S. §2706

(relating to terroristic threats) □ □ __________ _______

□ 18 Pa.C.S. §2709.1

(relating to stalking) □ □ __________ _______

□ 18 Pa.C.S. §2901

(relating to kidnapping) □ □ __________ _______

□ 18 Pa.C.S. §2902

(relating to unlawful restraint) □ □ __________ _______

Check Other Date of Sentence

all that Household Conviction,

apply Crime Self Member guilty plea, no

contest plea, or

pending charges

□ 18 Pa.C.S. §2903

(relating to false imprisonment) □ □ __________ _______

□ 18 Pa.C.S. §2910

(relating to luring a child

into a motor vehicle or structure) □ □ __________ _______

□ 18 Pa.C.S. §3121(relating to rape) □ □ __________ _______

□ 18 Pa.C.S. §3122.1

(relating to statutory sexual assault) □ □ __________ _______

□ 18 Pa.C.S. §3123

(relating to involuntary

deviate sexual intercourse) □ □ __________ _______

□ 18 Pa.C.S. §3124.1

(relating to sexual assault) □ □ __________ _______

□ 18 Pa.C.S. §3125

(relating to aggravated

indecent assault) □ □ __________ _______

□ 18 Pa.C.S. §3126

(relating to indecent assault) □ □ __________ _______

□ 18 Pa.C.S. §3127

(relating to indecent exposure) □ □ __________ _______

□ 18 Pa.C.S. §3129

(relating to sexual

intercourse with animal) □ □ __________ _______

□ 18 Pa.C.S. §3130

(relating to conduct

relating to sex offenders) □ □ __________ _______

□ 18 Pa.C.S. §3301

(relating to arson and

related offenses) □ □ __________ _______

□ 18 Pa.C.S. §4302

(relating to incest) □ □ __________ _______

Check Other Date of Sentence

all that Household Conviction,

apply Crime Self Member guilty plea, no

contest plea, or

pending charges

□ 18 Pa.C.S. §4303

(relating to concealing

death of child) □ □ __________ _______

□ 18 Pa.C.S. §4304

(relating to endangering

welfare of children) □ □ __________ _______

□ 18 Pa.C.S. §4305

(relating to dealing in

infant children) □ □ __________ _______

□ 18 Pa.C.S. §5902(b)

(relating to prostitution

and related offenses) □ □ __________ _______

□ 18 Pa.C.S. §5903(c) or

(d)(relating to obscene and

other sexual materials

and performances) □ □ __________ _______

□ 18 Pa.C.S. §6301

(relating to corruption of minors) □ □ __________ _______

□ 18 Pa.C.S. §6312

(relating to sexual abuse

of children) □ □ __________ _______

□ 18 Pa.C.S. §6318

(relating to unlawful

contact with minor) □ □ __________ _______

□ 18 Pa.C.S. §6320

(relating to sexual

exploitation of children) □ □ __________ _______

□ 23 Pa.C.S. § 6114

(relating to contempt for

violation of protection

order or agreement) □ □ __________ _______

Check Other Date of Sentence

all that Household Conviction,

apply Crime Self Member guilty plea, no

contest plea, or

pending charges

□ Driving under the

influence of drugs or alcohol □ □ __________ _______

□ Manufacture, sale,

delivery, holding,

offering for sale or

possession of any

controlled substance or

other drug or device □ □ __________ _______

2. Unless indicated by my checking the box next to an item below, neither I nor any

other member of my household have a history of violent or abusive conduct including the

following:

Check Other

all that Household

apply Self Member Date

□ A finding of abuse by a Children & Youth

Agency or similar agency in Pennsylvania □ □ _______

or similar statute in another jurisdiction

□ Abusive conduct as defined under the

Protection from Abuse Act in □ □ _______

Pennsylvania or similar statute in another

Jurisdiction

□ Involvement with Children & Youth Agency

or similar agency in Pennsylvania or another □ □ _______

Jurisdiction

Where?__________________________

□ Other: ____________________________ □ □ _______

3. Please list any evaluation, counseling or other treatment received

following conviction or finding of abuse:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

4. If any conviction above applies to a household member, not a party, state

that person’s name, date of birth and relationship to the child.

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

5. If you are aware that the other party or members of the other party’s

household has or have a criminal/abuse history, please explain:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

I verify that the information above is true and correct to the best of my

knowledge, information or belief. I understand that false statements herein are made

subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to

authorities.

_____________________________

Signature

Dated: ______________ _____________________________

Printed Name

Adopted 2-10-16 Effective 4-4-16

RULE 1915.15(a). Form of Motion

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

Plaintiff:

:

v. : Docket Number: CI-

:

Defendant:

UNCONTESTED MOTION FOR CONTINUANCE AND WAIVER

OF CUSTODY CASE TIME REQUIREMENTS

Motion is hereby made to continue the above captioned case scheduled on

[date] , [time] , [place] , [Officer/Judge] ,

for a conference hearing, for reason(s) as follows:

Signature of Applying Counsel or Pro se Party Representing Date

Signature of Opposing Counsel or Pro se Party Representing Date

By signature of both parties, this is a waiver of the time requirements of Pa.R.C.P. No.

1915.4 for

Initial custody conference

Start of hearing

Completion of hearing

Order

AND NOW, this day of, , the Motion is

granted. The custody conference hearing, (date) ____________ is

rescheduled to time Place: , Officer/Judge: .

BY THE COURT

Judge

ACTIONS FOR DIVORCE OR ANNULMENT OF MARRIAGE

RULE 1920.42(a). Praecipe to Transmit Record

Any party filing a praecipe to Transmit Record shall give notice to the opposing

party and shall file proof of service of that notice within five days of filing. Failure to give

such notice shall be grounds to strike the Praecipe to Transmit Record at the request of

any party not given such notice.

RULE 1920.51. Hearing by the Court. Appointment of Master. Notice of

Hearing

A. Master’s Authority. A master shall hear claims in an action of divorce under

Section 3301(a), (b) and (d)(1)(ii) of the Divorce Code, in an action for annulment and in

claims for alimony, equitable distribution of marital property, counsel fees, costs and

expenses.

B. Filing Fees and Costs. The party filing a Motion to Appoint Master

pursuant to this rule shall pay the sum required by the Prothonotary' s fee bill, in addition

to any normal filing fees. This sum is not refundable. If a hearing requires more than

one-half day, an additional fee will be due for each one-half day or part thereof and paid

for as directed by the Divorce Master.

C. Motion for the Appointment of a Master. Once a party has complied with

Pa.R.C.P. 1920.31(a)(1) and 1920.33(a),a party may file a motion and proposed Order to

Appoint Master. The motion and proposed order shall be in conformity with Pa.R.C.P.

No. 1920.74 and L.C.R.C.P. No.1920.74.

D. Actions Not Requiring a Hearing or a Master In the following cases, neither

a master nor a hearing will be required:

1. No hearing will be required in an action which is filed under Section

3301(c) or Section 3301(d) of the Domestic Relations Code and in which an

agreement is to be incorporated into the divorce decree relative to claims for

equitable distribution, alimony, counsel fees, costs and expenses. Instead, the

master shall review the record and file a recommendation with the Court within

twenty days after receipt of the record.

2. Pursuant to Pa.R.C.P. No. 1920.5l(a)(2)(ii), no master will be

appointed where a divorce action contains a claim for divorce under Section

3301(c) or Section 3301(d) of the Domestic Relations Code and there are no

claims for equitable distribution, alimony, counsel fees, costs and expenses or

there are no other factual disputes and there is no agreement to be incorporated

into the divorce decree. Instead, after all pleadings and other documents have

been filed, either party may file with the Prothonotary a praecipe in the form

prescribed by Pa.R.C.P. No. 1920.73, and the Prothonotary shall transmit the

record to the Court, which shall review the record and enter an appropriate decree.

E. Hearing Pursuant to Local Rule. In all other actions for divorce in which

there are no claims for alimony, counsel fees, costs, expenses, or equitable distribution

or if all such claims have been resolved by an agreement which is to be made a part of

the Court order, the master may conduct a hearing in the manner set forth in Paragraph

M.

F. Hearing Pursuant to Pa.R.C.P. No. 1920.53. In all other cases, the master

shall take testimony and file a report which complies with the requirements of Pa.R.C.P.

No. 1920.53.

G. Special Relief Hearings. Any request for a special relief hearing is subject

to approval by the assigned Family Court Judge.

H. Telephonic Conference before Pre-hearing Conference. There shall be a

telephonic conference between the parties and the master before any pre-hearing

conference to discuss the status of discovery, the need for appraisals, general issues and

the scheduling of a pre-hearing conference by the master.

I. Pre-hearing Conferences and Pre-trial Statements. Pre-hearing

conferences shall be held in a Court facility designated by the District Court Administrator.

Each party shall attend the pre-trial conference prepared to stipulate to items not in

dispute. The master shall have the discretion to require the attendance of the parties,

if necessary. Clients shall be consulted by counsel in advance of the pre-hearing

conference as to authority respecting stipulations as to items not in dispute and

settlement, including definite maximum or minimum limits, as appropriate, and regarding

such other questions as may reasonably be anticipated to be relevant. The parties shall

also prepare and furnish to the master and other party, at least five business days prior

to the date scheduled for conference, a pre-trial statement as described in Pa.R.C.P. No.

1920.33(b). At the hearing, the parties will be limited to those witnesses, exhibits and

documents set forth in their pre-trial report unless:

1. All parties affected by any changes agree in a writing which shall be

filed with the Court.

2. Prompt notice of changes in the list of witnesses, exhibits or

documents is made by filing with the master and by serving the other party with a

supplemental pre-trial statement. A proof of service shall be filed with the

supplemental pre-trial report pursuant to Local Rule 440.

3. Supplemental pre-trial statements will be liberally received by the

master, absent a showing of failure to give prompt notice, undue inconvenience,

expense or prejudice. Any objections shall be ruled on by the master or the Court.

If no pre-hearing conference is required by the master, a pre-trial statement, as set

forth herein, shall be furnished to the master and opposing party at least five

business days before the hearing.

J. Scheduling and Notice of Hearing. The master shall give at least twenty

days written notice of the time and place of the hearing to all parties unless waived in

writing by all parties. All hearings shall be held in a facility designated by the District

Court Administrator.

K. Evidence in Uncontested Cases. A plaintiff who believes the action will be

uncontested shall submit to the master at the hearing the following:

1. Plaintiff’s Record of Testimony in question and answer or narrative

form, signed and verified by plaintiff;

2. The testimony of each of plaintiff's witnesses, in question and answer

or narrative form, signed and verified by the witness; and

3. Any exhibits identified in the testimony.

L. Uncontested Hearings Using Plaintiff’s Record of Testimony. The master

shall conduct the hearing in an uncontested hearing as follows:

1. The plaintiff and all witnesses whose evidence has been prepared in

advance shall attend the hearing, and shall swear to or affirm their prerecorded

evidence.

2. The master may examine the plaintiff and the witnesses with respect

to the evidence prepared in advance in order to evaluate the credibility of those

offering pre-recorded evidence, and, to this end, may interrogate the plaintiff and

the witnesses as to any relevant matters, including any post-nuptial agreement,

whether or not included in the prepared Record of Testimony,

3. The master, upon being satisfied that the Plaintiffs Record of

Testimony is credible evidence, shall accept it and include it in the report in lieu of

findings on the merits, provided, however, that, in the report, the master certifies:

a. That, at the hearing, the plaintiff and the witnesses offering

pre-recorded testimony were placed under oath or affirmation and were

examined and that they, by credible evidence, substantiated the facts set

forth in the Plaintiff's Record of Testimony; and

b. That no witness, who was sworn or affirmed, presented

testimony or evidence to the contrary of the facts set forth in such Record

of Testimony.

M. Master’s Report in Uncontested Cases. After the hearing wherein the

Plaintiff's Record of Testimony has been accepted, the master shall prepare and file the

report together with a recommendation in accordance with Pa.R.C.P. No. 1920.53.

N. Master’s Status Report if Filing Not Timely. Masters shall submit a status

report to the Court and the parties if the report is not timely filed.

Revised 2-10-16 Effective 4-4-16

RULE 1920.55-2. Exceptions to Master’s Report

A party filing exceptions to a master’s report shall also file a praecipe in the

Prothonotary’s office to list the exceptions for argument and shall serve all parties with a

copy. The Prothonotary shall list said matter in the Argument Watch Book and assign it

to the appropriate judge. The assigned judge shall notify the parties by way of court

order of the briefing schedule and of the date and time when argument shall be presented.

Revised 12-10-10 Effective 12-5-11

RULE 1920.74. Form of Motion for Appointment of Master. Order

The motion and proposed order, in addition to confirming to the requirements of

Pa.R.C.P. No. 1920.74 shall also contain the following:

[Caption]

ORDER

AND NOW, this _____ day of _____________, 20__,

_________________________ is appointed Master with respect to the following claims:

______________________________________________________________________

__

______________________________________________________________________

Counsel and unrepresented parties are hereby directed to participate in a

telephonic status conference with the divorce master on the ______ day of _________,

20, at o'clock .m. The conference call shall be initiated by

the counsel or unrepresented party who requested the master's appointment.

In the event that the status conference is required to be re-scheduled at the request

of an unrepresented party or counsel, the unrepresented party or counsel requesting the

change shall be responsible for promptly coordinating the new date and time with the

divorce master and initiating the conference call.

BY THE COURT:

J.

Copies To: Divorce Master

All Parties

Rule 1931. Family Court Rules

A. Family Court motions and petitions for special relief or other contested

matters or Family Court rulings must be in writing and must be presented in the Family

Business Court session of the judge assigned to the case, as indicated in the Court’s

calendar, or, for urgent matters, to the assigned judge by appointment. A copy of the

motion or petition with proposed Order, as well as notice of when and where it will be

presented, must be provided to all parties at least five days before presentation to the

Court. A certificate of service of the proposed Order, notice of presentation, and the

motion or petition must be attached.

B. The notice of presentation required by Local Rule 1931 shall be directed to

the respondent(s) to the motion or petition and shall be in substantially the following form:

[Caption]

NOTICE OF FAMILY BUSINESS COURT PRESENTATION

To: [Name of Respondent]

You are hereby notified that the attached [Petition or motion] and the preceding

proposed Order will be presented in Family Business Court before the Honorable Judge

[Name of judge] on [Date] at [Time] in Courtroom Number [] of the Lancaster County

Courthouse, 50 North Duke Street, Lancaster, Pennsylvania 17602.

You may appear in person or by a lawyer at the time and place set forth.

Your failure to appear in person or by a lawyer at the time and place set forth may result

in the Court granting the relief requested in the attached [Petition or motion] in the form

of the preceding proposed Order, or other relief, without further notice to you.

______________ [Name of Movant or Petitioner]

______________ [Attorney for Movant or Petitioner]

C. The document shall be assembled so that the proposed Order is on top,

followed by the notice of presentation, next by the petition or motion with any supporting

exhibits, next by the verification, and finally by the certificate of service.

D. Prior to presentation to Court, any motion or petition must be filed with the

Prothonotary.

Revised 2-10-16 Effective 4-4-16

RULE 2039. Compromise, Settlement, Discontinuance and Distribution

A. Contents of 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 amount of the proposed settlement

2. The facts of the case

3. The damages sustained.

4. All expenses incurred or to be incurred, including counsel fees.

5. Any other relevant information.

B. Hearing

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.

Revised 12-5-24 Effective 3-10-25

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 Local Rule 2039.

RULE 2206. Settlement, Compromise, Discontinuance and Judgment

A petition filed pursuant to Pa. R.Civ.P. No. 2206 shall be governed by Local

Rule 2039.

Revised 12-5-24 Effective 3-10-25

RULE 3252. Writ of Execution

The following is designated to be named in the Writ of Execution Notice as the

organization from which information can be obtained:

Lancaster Bar Association

Lawyer Referral Service

Telephone: 717-393-0737

RULE 4007.1. Procedure in Deposition by Oral Examination

A. A period of at least ten days is deemed reasonable notice as required by

Pa.R.Civ.P. No. 4007.1(a).

B. Depositions shall be taken in Lancaster County unless the Court directs

otherwise.

Revised 12-5-24 Effective 3-10-25