Adm. Cnty. Pa. 1203

As amended through August 12, 2024
Rule 1203 - Older Adults Protective Services Act
A. This Rule addresses procedures to be followed under the Older Adults Protective Services Act, 35 P.S. §10225. 101, et seq.
B. Emergency Petitions. Whenever a petition for emergency order is filed under Section 307 of the Act, 35 P.S. § 10225.307, outside the normal business hours of the Court of Common Pleas, said petition shall be presented to the on-call Magisterial District Judge. Any order entered by a Magisterial District Judge shall be considered a temporary order but shall remain in effect until a preliminary hearing is held pursuant to Paragraph D.
C. The Magisterial District Judge shall contact the Court Administrator as soon as possible after granting or denying relief. All papers shall be promptly forwarded for filing to the Prothonotary's Office.
D. If the Magisterial District Judge grants relief, the Court will schedule a preliminary hearing to be held at 1:00 P.M. on the next Business Court Day following the granting of relief by the Magisterial District Judge. The Magisterial District Judge granting relief shall provide notice to all known interested parties in the form set forth in Paragraph E., below.
E. At the preliminary hearing, the Court shall determine whether the relief granted pursuant to the emergency order shall remain in effect or be modified and shall set a date for a plenary hearing.
F. Form of Notice

Notice

An Emergency Petition under the Older Adults Protective Services Act has been filed as attached. An emergency order has been granted and will remain in effect until 1:00 P.M. on _____________________, 20__, when it will be considered in a Courtroom that will be designated on that date in the Adams County Courthouse, Gettysburg, Pennsylvania. At that time, the emergency order may be continued, modified, or terminated. If the order is continued or modified, a full hearing on the merits will be scheduled. You may appear for either hearing. The Court may proceed in absence of any interested person except the petitioner to take testimony and enter an order granting relief.

The older adult affected by this proceeding is entitled to be represented by counsel and is hereby notified that if he/she cannot afford a lawyer to go to or telephone the office set forth below to apply for court appointed counsel.

Adams County Court Administrator

Adams County Courthouse

111-117 Baltimore Street

Gettysburg, PA 17325

Telephone: (717) 337-9846

_________________________

Magisterial District Judge

Adm. Cnty. Pa. 1203

Amended effective 8/12/2024.