Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 23-751

THE COURTS

Title 255—LOCAL COURT RULES

ADAMS COUNTY

Rules of Civil Procedure; Administrative Order No. 12A of 2023

[53 Pa.B. 3076]
[Saturday, June 10, 2023]

Order of Court

 And Now, this 24th day of May, 2023, after review of Administrative Order 12 of 2023 by the State Procedural Rules Committee, It Is Ordered that Administrative Order 12 of 2023, issued on May 16, 2023, is Hereby Vacated and the following new Order is issued. The Adams County Rules of Civil Procedure Nos. 1920(a)—(n), 1921 and 1930.4 are Hereby Rescinded and Replaced with the following rules:

 (Editor's Note: The following rules are new and are printed in regular type to enhance readability.)

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; or

 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 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.

 These rule amendments shall become effective after all the provisions of the Pennsylvania Rules of Judicial Administration 103 are met, to include the following:

 1. A certified copy of this Order shall be submitted to the Civil Procedural Rules Committee for review.

 2. Upon receipt of a statement from the Civil Procedural Rules Committee that the local rules are not inconsistent with any general rule of the Supreme Court, two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the text of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts.

 4. A copy of the proposed local rules shall be published on the 51st Judicial District website.

 5. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying.

 6. The effective date of the local rules shall be thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 23-751. Filed for public inspection June 9, 2023, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.