Adm. Cnty. Pa. 1915.3

As amended through December 4, 2023

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.

Adm. Cnty. Pa. 1915.3

Amended effective 7/10/2023; amended effective 12/23/2023.