[28 Pa.B. 3024]
[Continued from previous Web Page]
PRIVATE SALE OF REAL PROPERTY Rule 12.10(a). Private Sale--Contents of Petition--Additional Requirements.
A petition by a personal representative, trustee, or guardian to sell real property at private sale shall also conform as closely as practicable to the requirements of those rules with regard to a petition to sell real property at public sale by the same fiduciary.
Rule 12.10(b). Private Sale--Exhibits.
(1) Personal Representative. Trustee. Guardian.
The following exhibits shall be attached to the petition by a personal representative, trustee, or guardian, to sell real property at private sale:
a. a copy of the will, deed, or decree by which the fiduciary was appointed;
b. consents to the sale signed by those parties in interest who do not join in the petition, and the names and a copy of the notice which has been given to those parties who do not join or consent, except in a petition to sell at private sale for the payment of debts;
c. a copy of the agreement of sale;
d. affidavits, in approved form, of two estate appraisers; and,
e. if the sale is for payment of debts, a copy of the inventory and appraisement of decedent's personal estate filed with the Register shall also be attached to the petition.
Rule 12.10(c). Private Sale--Payment of Debts --Notice--Confirmation.
(1) Notice. A petition for private sale of real property to pay the debts of a decedent shall be presented in open court and a date fixed for hearing. Notice of such hearing shall be given in the manner provided by Rule 5.6.
(2) Confirmation. If no exception is filed the Court may enter a decree confirming the sale at the hearing. If a substantially higher offer is received at the hearing, the Court will make such order as it deems advisable under the circumstances.
Rule 12.10(d). Private Sale--Higher Offer.
Any person desiring to make a substantially higher offer for real property offered at private sale may do so at the time the petition of the fiduciary for leave to make such private sale is presented to the Court, or at any hearing fixed thereon, whereupon the Court will make such order as it deems advisable under the circumstances.
Rule 12.10(e). Private Sale--Security.
The Court, in the decree approving or confirming the sale, will fix the amount of security or additional security which the personal representative, trustee, or guardian shall be required to enter, or will excuse the fiduciary from entering additional security.
Rule 12.10(f). Petition to Fix or Waive Additional Security--Personal Representative.
(1) Form of Petition. In a sale, whether public or private, of real estate by a personal representative without benefit of an order directing or authorizing such sale, where he/she was required to give bond as such personal representative, he/she shall present his/her petition to the Court before the proceeds of the sale are paid to him/her by the purchaser, setting forth:
a. the date of death of the decedent;
b. the date of the grant of letters to the petitioner;
c. the amount of bond or bonds filed by him/her and the date of such filing and the name or names of his/her surety;
d. the total valuation of the personal estate as shown in the inventory and appraisement, if any; the total proceeds of any real estate sold previously;
e. a short description of the real property sold, the name of the purchaser, and the amount of the consideration to be paid; and,
f. a prayer for an order fixing the amount of additional security or for an order excusing him/her from filing additional security as the case may be.
(2) Surety on Additional Bond. The surety on any additional bond except for cause shown shall be the same as on the original bond.
Rule 12.10(g). Purchase by Personal Representative.
Petitions for approval of private sales of real estate to personal representatives shall be accompanied by an appropriate order. If all parties in interest join in the petition, the order may be in final form. Otherwise, it shall set a time for consideration, which will be a Business and Orphans' Court day at least thirty (30) days later than dates on which notice is given. The petitioner shall promptly serve a copy of the petition and order on parties who have not joined. The order shall recite that leave will be granted unless objections are made on or prior to the time set for consideration.
The petition shall identify any party in interest who is not sui juris and request the appointment of a guardian ad litem.
REAL PROPERTY MORTGAGE OR LEASE Rule 12.11(a). Mortgage of Real Property--Additional Requirements.
(1) Contents of Petition. A petition to mortgage real property by a personal representative, trustee, or guardian shall conform as closely as practicable to the requirements of these rules with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed mortgage loan; and, shall set forth sufficient facts to enable the Court to determine whether the proposed mortgage should be approved.
(2) Exhibits. The following exhibits shall be attached to the petition:
a. a copy of the will, deed, or decree by which the fiduciary was appointed;
b. consents to the mortgage signed by those parties in interest who do not join in the petition, and the names and a copy of the notice which has been given to those parties who do not consent.
(3) Security. The amount of the security or additional security required to be entered, or the waiver thereof, will be determined by the Court in its decree approving the proposed mortgage.
Rule 12.11(b). Pledge, Lease or Exchange.
The practice and procedure governing petitions by a personal representative, trustee, or guardian to pledge, lease, or exchange or to grant an option for the pledge, lease, or exchange of property, under the Code, shall be governed by the appropriate provisions of these Rules governing the private sale or mortgage by such fiduciary.
Rule 12.12. Reserved.
Rule 12.13. Reserved.
Rule 12.14. Reserved.
SETTLEMENT OF SMALL ESTATES
(§ 3102 OF THE CODE) Rule 12.15(a). Contents of Petition.
A petition under § 3102 of the Code for the settlement of a small estate shall be set forth in substantially the following order:
(1) name, date of death, and residence of the decedent at time of death;
(2) the name and address of the petitioner, his/her relationship to the decedent and whether or not he/she formed a part of decedent's household at the date of his/her death;
(3) if petitioner is the surviving spouse, the date and place of the marriage;
(4) whether decedent died testate or intestate; whether, where, when and to whom letters were granted, and the amount of bond given by the personal representative;
(5) the names, relationships, and a brief description of the interest of all persons entitled to share in the decedent's estate under the will or intestate laws, stating which are minors, incompetents, or deceased, with the names of their fiduciaries, and whether any of them has received or retained any property of the decedent by payment of wages or pension under § 3103 of the Code, or otherwise;
(6) the person entitled to the family exemption, and the facts on which the claim is based;
(7) an itemized statement of the property of the decedent and its value together with a sworn appraisal of one qualified, disinterested person appraising items other than cash, bank and savings and loan deposits, listed securities, and well-known local securities. The Court will accept the appraisal of the attorney filing the petition for frequently traded items having an established price such as automobiles;
(8) the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and, the nature and amount of each payment;
(9) the names of all unpaid claimants of whom the petitioner has notice or knowledge, the nature and amount of each claim, and whether such claims are admitted;
(10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Register; the amount of any inheritance tax assessed; and, the date of payment thereof;
(11) that ten (10) days written notice of intention to present the petition has been given to every unpaid beneficiary, heir, or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown; and,
(12) a prayer for distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative and the release of his/her surety, if letters have been granted and advertised.
Rule 13.1. Reserved.
ESTATES OF INCAPACITATED PERSONS Rule 14.1(a). Guardians.
Preference in appointments shall normally be given to banking institutions and suitable persons who do not reside with the alleged incapacitated person, are not related to the person and who reside or have a regular place of business in Adams County.
Rule 14.1(b). Incapacitated Person's Estate--Consent of Proposed Guardian.
The written consent of the proposed guardian to act as guardian, shall be attached to the petition.
Rule 14.1(c). Incapacitated Person's Estate--Proof of Service.
Proof of service of notice shall be presented at the hearing. The affidavit of service shall, in all cases, recite that the petition and citation were read to the alleged incapacitated person. When that person is in a hospital, service shall be made by a physician in charge.
Rule 14.1(d). Sales of Personal Property.
Court approval for sale of personal property shall not be required.
Rule 14.2(a). Adjudication of Competency.
A petition to adjudicate a person competent shall, unless for reasons explained in the petition, conclude with a prayer that the guardian be directed to file an account.
If the person's guardian is not the petitioner, the petitioner shall give at least ten (10) days notice of any scheduled hearing to the guardian and the next of kin of the incapacitated person. Proof of service shall be presented at the hearing.
Rule 14.3. Reserved.
ADOPTIONS Rule 15.1. Investigations.
(a) Adams County Children and Youth Services is designated as the agency to perform investigations required by the Court in accordance with the Adoption Act.
(b) Fees for investigations by the agency shall be periodically set by administrative order. Until changed, the fee shall be $75.00. Fees for obtaining child abuse clearances and criminal histories shall be in addition to the investigation fee.
(c) Petitioners and/or persons filing notices of intention to adopt shall, unless excused from an investigation, pay the investigation fee within two (2) weeks of filing a petition or notice of intention to adopt, whichever is filed first.
(d) Petitioners shall, within the two (2) week period, provide the agency with a description of petitioners' home and detailed directions to it.
(e) Persons who are otherwise subject to investigation and who request a waiver thereof shall include, with the application for waiver, either:
(1) an affidavit setting forth in detail that person's criminal history and all indicated reports of child abuse that are known to the person, or
(2) original or certified copies of the person's criminal history and child abuse clearance forms.
(f) Upon receipt of the material described in (e), the Clerk shall promptly provide the agency with copies thereof.
Rule 15.2. Voluntary Relinquishment to Agency.
The caption for all pleadings and the docket entry shall carry the given name of the child.
Rule 15.3. Voluntary Relinquishment to Adult Intending to Adopt Child.
(a) The caption for all pleadings and docket entry shall carry the given name of the child.
(b) In addition to other information required by Supreme Court Rule 15.3, the petition shall describe any agreement between petitioner and natural parents regarding fees, costs, payments, or future rights of visitation and/or custody.
Rule 15.4. Involuntary Termination of Parental Rights.
(a) The caption for all pleadings and the docket entry shall carry the given name of the child.
(b) Information required by rule 15.3 (1)(b) shall be provided.
Rule 15.5. Adoption.
(1) Petition.
(a) The caption for all pleadings and the docket entry regarding an adoption shall be in the name to be taken by the proposed adoptee. Where there was a prior relinquishment or termination proceeding known to the adopting parents, there shall be a reference thereto by number and year in the petition for adoption.
(b) The petition shall contain the information required by Rule 15.3(b).
(2) Notice or Consent--Parents of Child. Notice of hearings affecting parental rights shall be given to each parent by personal service, registered mail, or as specified in Rule 15.6, unless:
(a) He or she has consented in writing, duly acknowledged, to the adoption and waived notice of hearing.
(b) He or she has voluntarily relinquished his or her parental rights in a court proceeding.
(c) His or her parental rights have been involuntarily terminated in a court proceeding.
(3) Intermediary. When a report is filed by an intermediary and the prior relinquishment or termination proceeding is not known to the adopting parents, the report of the intermediary shall refer to the prior relinquishment or termination proceeding by number and year. Where the prior relinquishment or termination proceeding is not referred to in the Adoption Petition or in the report of the intermediary, but is known to the Clerk, the Clerk shall place a memorandum in the adoption packet showing the reference to the prior relinquishment or termination proceeding.
(4) Adult--Change of Name. An adult to be adopted who desires to assume the surname of adopting parent or parents shall advertise such desire in accordance with Pa.R.C.P. 430(b)(1).
Rule 15.6. Notice--Method and Time.
(1) If personal service is not obtainable and the registered or certified mail is returned undelivered, then:
(a) Notice shall be sent by regular mail to the last known address of the parent and an affidavit of mailing shall be filed of record.
(b) Further notice by publication shall be given in accordance with Supreme Court Rule 5.1(c).
(c) The notice by publication shall appear in substantially the following form:
IN THE COURT OF COMMON PLEAS, ADAMS COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION
NOTICE TO: (Party to Whom Notice is Given)
You are hereby notified that a Petition for (Adoption/Involuntary Termination of Parental Rights to Child) has been filed in the Orphans' Court Division of the Court of Common Pleas of Adams County, Pennsylvania. A hearing has been set for ______ at ______ o'clock, __ .M., prevailing time, at the Courthouse at Gettysburg, Adams County, Pennsylvania, for the purpose of determining whether or not statutory grounds exist for the (Adoption/Involuntary Termination of Your Parental Rights) with respect to your child.
You should contact your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get help.
Court Administrator
Adams County Courthouse
111-117 Baltimore Street
Gettysburg, Pennsylvania 17325
Telephone Number: 717-337-9846, or 1-888-337-9846(d) Proof of notice by publication shall be presented to the Court at the time of the hearing.
Rule 15.7. Impounding--Docket Entries--Reports --Privacy.
The docket maintained by the Clerk shall carry only the name and date of each paper filed and shall also carry the date in reference to final action, which entry shall consist of a notation either that the decree was entered or that the petition was dismissed. Adoptions shall be indexed on an annual basis rather than to a term and number. An alphabetical index will be maintained for the convenience of the Clerk.
Rule 16. Reserved.
NOTICES REQUIRED BY THE CLERK Rule 17.1.
The Clerk of the Orphans' Court shall give the Register of Wills written notice of the appointment of masters and auditors, the filing of their reports, the filing of the surviving spouses' elections to take against or under the will of any decedent and of any other Orders of the Court awarding the family exemption, awarding the allowance to the surviving spouse of an intestate or settling a small estate.
RULES OF CRIMINAL PROCEDURE
ADAMS COUNTY COURT OF COMMON PLEAS Rule 1. Citation and Applicability.
These Rules may be cited as Adams C.R.Crim.P. (number), or Local Crim. Rule (number). Unless the context indicates otherwise, or it would be manifestly inappropriate to do so, Local Civil Rules that pertain to business of the Court shall apply to Local Criminal Rules. As used in these rules, ''Clerk'' shall mean the Clerk of Courts.
Rule 2. Appeals.
a. Appeals from District Justice decisions shall be listed for hearing by the Clerk for a Criminal Business Court Day at least twenty-one (21) days later than the time of filing of the docket transcript.
b. Appeals from summary convictions by persons under the age of eighteen (18) years shall be treated the same as appeals by adults, except that either the Commonwealth or the appellant may request that the case be transferred to Juvenile Court. The Court may, upon such request, order that the case be transferred and thereafter be treated as a juvenile proceeding and appellant subject to all provisions of the Juvenile Act, 42 Pa.C.S.A. § 6301 et. seq.
Rule 5. Requests for Closed Hearings.
Other than is otherwise provided by law, a party to a criminal action intending to request that a proceeding be closed to the public, must give notice as follows:
(Caption) Take notice that the undersigned intends to present a request to the Court on ______ , 19 __ , at ____ in Courtroom No./Chambers that proceedings concerning ______ be closed to the public.
The notice shall be posted in the Clerk of Courts' office and shall be mailed to every newspaper in general circulation in Adams County at least ten (10) days prior to presentment.
The moving party will be required to file proof of service at the time the request is made.
Comment: It is not intended that this Rule apply when a statute or general rule requires a private, or in camera hearing. It is intended to apply in situations where a judge has discretionary authority to bar the public from a proceeding.
Rules 6--10. Reserved.
Rule 11. Local Fees.
In addition to fees and charges imposed by statute or by the Supreme Court, the Court may impose fees as a condition of sentence or the Accelerated Rehabilitative Disposition Program (ARD). Until changed by administrative order, the following shall be assessed a defendant by general wording in an order, to the effect, ''the defendant shall pay fees established by Local Rule of court,''
a), all cases:
Public service fee: $25.00
Drug and alcohol test fee: $10.00
Law enforcement fund fee: $10.00b), all cases except where the charges relate to public welfare fraud:
Local offenders' supervision fee: $25.00 per monthThe sentencing judge may give a defendant the right to request an evaluation by the Probation Office of defendant's financial condition, and a recommendation by that office of suspension or waiver of the supervision fee.
c), driving under the influence cases:
CRN fee: $35.00d), driving under the influence cases, when the Probation Office assumes responsibility for conducting the alcohol safe driving program, (all first offenders and ARD participants):
Educational fee: $150.00e), ARD:
Court cases: Administrative fee: $300.00 per year, or portion thereof, of the program's duration.
Summary cases: Administrative fee: $25.00 per month, or portion thereof, of the program's duration.
An order may state, ''the defendant shall pay fees established by Local Rule of Court except (listed exceptions)'', in which instance all fees shall be included except those fees or that fee excepted.
Rules 12--106. Reserved.
Rule 107. Approval of Certain Police Complaints by Attorney for the Commonwealth.
The District Attorney of Adams County having filed a certification pursuant to Pa.R.Crim.P. 107, criminal complaints and arrest warrant affidavits by police officers charging any of the following felony crimes:
a. 18 Pa.C.S. Section 3121 - Rape (graded as a felony of the first degree)
b. 18 Pa.C.S. Section 3122.1 - Statutory Sexual Assault (graded as a felony of the second degree)
c. 18 Pa.C.S. Section 3123 - Involuntary Deviate Sexual Intercourse (graded as a felony of the first degree)
d. 18 Pa.C.S. Section 3124.1 - Sexual Assault (graded as a felony of the second degree)
e. 18 Pa.C.S. Section 3125 - Aggravated Indecent Assault (graded as a felony of the second degree)
shall not hereafter be accepted by a judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.
Rules 110--159. Reserved.
Rule 160. Participation in the Accelerated Rehabilitative Disposition Program (ARD) in Summary Proceedings.
Unless and until the District Attorney elects to certify that ARD cases proceed in Court, applications for admission into the ARD program shall be submitted to a District Justice on the same Application, Waiver and Agreement form as is used in court cases. The following procedure shall be followed and the following conditions apply:
a. In order to be considered eligible, a defendant must specifically waive all statutes of limitations and speedy trial rights, and agree to abide by all terms, conditions and monetary obligations imposed by the District Justice.
b. The District Justice shall establish the duration and conditions of defendant's probation, and transmit the original application, together with three copies, to the District Attorney for approval. If the District Attorney approves the application, he shall retain one copy, transmit one copy each to the Clerk and to the Probation Office and return the original to the District Justice.
c. The District Justice may require that the defendant's probation be supervised by either the prosecuting police officer, in which case the District Justice shall set and defendant shall pay a lump sum supervision fee to the municipality employing the officer; or by the Probation office, in which case, defendant shall pay a $25.00 per month local offender's supervision fee.
d. If the District Justice requires probation to be supervised by the Probation Office, he shall notify defendant to report to that office at a designated time on a day when the office is open to the public. The ARD program shall commence when defendant reports.
e. If the District Attorney disapproves the application, prosecution will proceed in the normal manner.
f. If the Probation Office provides supervision, it shall report any infractions, or successful completion, to the District Justice. A copy of the notification shall be provided the Clerk and District Attorney.
g. If defendant violates the conditions of the program, the District Justice may, after giving defendant notice and an opportunity to be heard, revoke defendant's admission, in which case prosecution shall proceed in normal fashion.
h. If defendant successfully completes the program, the District Justice shall dismiss the prosecution and send certified copies of the dismissal to the District Attorney, Clerk, and Probation Office. The Clerk shall report dismissals in the same manner and to the appropriate authorities as is now done in Court ordered ARD cases.
i. A defendant shall be required to pay costs, supervision and administrative fees established in these Adams County Rules of Criminal Procedure. The District Justice shall disburse costs as provided by law, and fees to the Clerk, who shall keep a record of them, and in turn disburse the same as if ARD had been ordered by the Court.
j. The Chief Probation Officer shall be responsible for monitoring ARD programs conducted by District Justices and shall report irregularities both to the District Attorney and President Judge.
k. The District Justice shall collect and disburse an administrative fee, the amount of which may be set by administrative order. Until changed, the fee shall be $55.00.
Rules 161--300. Reserved.
Rule 301. Notice of Arraignment.
In all cases where defendants are held for court, the District Justice shall provide notice of the date of arraignment to the defendant, and counsel of record. Notices shall be given at the conclusion of the preliminary hearing, or at the time the hearing is waived. The notice shall be in the form set forth in Rule 301.1 and shall be acknowledged by the defendant and counsel, if any. The defendant, and defense counsel of record, shall be given a copy of the notice at the time of acknowledgement. No further notice of arraignment shall be required.
(1) The date of arraignment will be set in accordance with Local Rule 302.
(2) The issuing authority shall transmit the original notice of arraignment, along with the transcript, to the Clerk of Court's Office within five (5) days of the defendant being held for court.
Rule 301.1. Form of Notice.
The notice shall substantially be in the Following form:
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF
PENNSYLVANIA
: CR-
: VS.
: CHARGES:
: _________________ :
NOTICE OF ARRAIGNMENT You must appear for formal arraignment at 8:30 a.m. ______ , 19 __ , in Courtroom #1, 4th floor, Adams County Courthouse, 111-117 Baltimore Street, Gettysburg, Pennsylvania, UNLESS you file an informal arraignment as described below.
1. You and your attorney MUST appear on the date and time above OR you and your attorney MUST file a written waiver of arraignment by appearing at the District Attorney's Office BEFORE the above specified date and time.
2. If you do not appear or do not file a written waiver of arraignment as directed, a bench warrant will be issued for your arrest and bail will be forfeited.
FOR YOUR ASSISTANCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, TELEPHONE THE COURT ADMINISTRATOR'S OFFICE AT 337-9846, OR 1-888-337-9846.
I, the undersigned Defendant, acknowledge that I have received a copy of the above Notice of Arraignment.
_________________
______
Defendant's Name (please type)
Defendant's Signature_________________
______
Date
District Justice
THIS WILL BE YOUR ONLY NOTICE! Rule 302. Time of Arraignment.
(1) The date on which defendant shall be directed to appear for arraignment shall be the first arraignment date, as established by the Court Calendar, which follows the date on which the defendant is held to court by at least twenty-one (21) days.
(2) The Clerk of Courts shall annually prepare a schedule from the Court Calendar, which shall list dates of arraignment, and the cut-off date for each arraignment date. On or before December 1 of the preceding year, the Clerk shall post the schedule, and provide copies to the Court Administrator, each District Justice, the District Attorney, and the Public Defender.
(3) The District Justice shall enter the date of arraignment in the notice required by this rule, in accordance with the schedule established by the Clerk.
Rule 303. Arraignment.
(1) Appearance: All defendants must appear at formal arraignment unless formal arraignment is waived pursuant to paragraph (2) below.
(2) Waiver of Formal Arraignment: Defendants who are represented by counsel, are charged with committing crimes less serious than felonies of the first degree, and who intend to plead not guilty and request a jury trial, may waive formal arraignment by appearing with counsel:
(a) in the jury assembly room, fourth floor of the Courthouse, one half hour prior to the time and on the date of scheduled arraignment, or
(b) in the Office of the District Attorney pursuant to a scheduled appointment, prior to the date of arraignment, and
(c) acknowledge receipt of copies of the Information and written instruction sheet, acknowledge an understanding of the material described therein, and waive, in writing, formal arraignment;
(3) Instruction Sheet and Information: Defendant shall be provided a copy of the Information and a copy of written instructions at arraignment, whether formal or informal.
(4) Minimum Requirements: Written instructions shall be on a form approved by the Court. Whether defendant is formally or informally arraigned, he/she shall be informed of the following:
(a) the nature and seriousness of the charges and possible consequences of conviction;
(b) the contents of written instructions;
(c) if he/she is required to appear at an informal pre-trial conference, the time and date thereof, and that failure to appear may result in forfeiture of bail and the issuance of an arrest warrant;
(d) if the case is listed for trial, the dates and times defendant must appear, and that failure to appear may result in a forfeiture of bail, the issuance of an arrest warrant and trial occurring in the absence of defendant.
(5) Formal arraignment. Defendants charged with a crime graded as a felony of the first degree, or who appear without counsel, must appear for formal arraignment.
(6) Procedure: At formal arraignment, defendants shall be individually called before a judge, at which time the attorney for the Commonwealth shall read and explain the Information. Formal explanation may, however, be waived by a defendant who specifically acknowledges an understanding of charges and possible consequences of a conviction;
(7) Defendants who are not represented by counsel shall be informed that failure to obtain counsel shall not necessarily be grounds for a continuance of any part of the proceedings, including trial.
Rules 304--310. Reserved.
Rule 311. Informal Pre-Trial Conference.
(1) The Attorney for the Commonwealth may require defendants and/or counsel to appear at an informal pre-trial conference. A defendant, who has been notified to appear, may request that a judge excuse his/her appearance. An attorney may make a similar request. The Attorney for the Commonwealth may seek sanctions against any attorney, who is notified to appear and fails to do so without an excuse. Absent written stipulation to the contrary, no conference shall be conducted in the absence of an attorney who has entered an appearance in a case. The Attorney for the Commonwealth shall advise unrepresented defendants that they may decline to discuss the case without an attorney being present. At the time of arraignment, whether formal or informal, the Attorney for the Commonwealth may direct defense counsel, or a pro se defendant, to appear for a pre-trial conference at the time, date and place set forth in the notice. The conference shall be scheduled at least thirty-five (35) days after arraignment. The purpose of the conference held pursuant to this Rule is to consider:
(a) Disclosure of information pursuant to informal pre-trial discovery;
(b) The simplification of stipulation of factual issues, including the admissibility of evidence;
(c) The scheduling of a trial date or date for other disposition of the proceedings;
(d) Such other matters as may aid in the disposition of the proceedings.
(2) A defendant who is represented by counsel may waive his or her right to be present with the consent of the Commonwealth. Waiver shall be assumed if counsel appears without his/her client.
(3) Upon request by either party and arrangement with the Court, informal conferences may be stenographically recorded.
(4) The parties shall reduce to writing and file with the Clerk of Courts all agreements or stipulations reached during the pre-trial conference. Such agreements or stipulations shall bind the parties unless modified at trial to prevent injustice.
(5) Bail for defendants who are required to appear, but fail to do so either personally or through counsel, may be revoked and forfeited and a bench warrant may issue for the defendant's arrest
(6) Beginning in 1999, one day per month will be designated on the Court Calendar for pre-trial conferences.
(7) Informal conferences shall be held outside the presence of the Court. However, either party may request within thirty (30) days after arraignment, that the pre-trial conference proceed pursuant to Pa.R.Crim.P 311.
Rule 1401(b).
A judge, other than the judge of the Court who received the defendant's plea of guilty or of nolo contendere, may impose sentence upon that defendant if the defendant was notified of that possibility at the time the plea was entered.
Rules 1402--1407. Reserved.
Rule 1408. Conditions of Probation and Parole.
Conditions of probation and/or parole shall be established by administrative order and filed in the Clerk's office, and with each District Justice. Until changed, the conditions shall be as follows (asterisks indicate standard conditions):
COUNSELING
and
ALCOHOL AND CONTROLLED SUBSTANCES 1. YOU MUST NOT:
*a. Use non-prescribed controlled substances.
*b. Become drunk or publicly intoxicated.
__ c. Consume alcoholic beverages.
*d. Enter or remain in any bar, tavern, or other drinking establishment without consent from the Probation Office including State Liquor Stores.
*e. Consume alcoholic beverages until this condition (e) has been waived in writing by the Probation Office.2. YOU MUST:
*a. Agree to have your blood, breath, or urine tested as directed by the Probation Office or Prison Officials to determine if you are alcohol and/or drug free.
__ b. Attend counseling or therapy sessions related to drug and alcohol abuse as directed by the Probation Office.
__ c. Complete the alcohol safe driving school.
__ d. Attend mental health counseling and therapy programs as the Probation Office directs.
PERSONAL CONDUCT 3. YOU MUST:
*a. Avoid any violation of the law.
*b. Report any arrest to your Probation Officer.
*c. Avoid association with persons having serious criminal records and reputations for criminal conduct.
*d. Report to the Probation Office when directed.
*e. Obey all directions given by any Probation/Parole Officer.
*f. Avoid any contact which might cause fear, annoyance, or alarm to the victim of any case where charges have been filed against you.
*g. Be in your home and obey any curfew established by the Probation Office.
*h. Obey all Prison rules, including those imposed while participating in the work release program.______
_________________
Witness
Defendant Date4. YOU MUST:
*a. If directed by your Probation Officer as soon as possible get and then keep a steady job.
*b. Avoid causing the loss of any job you get.
*c. Notify the Probation Office of any change in your present employment status.
FINANCIAL OBLIGATIONS 5. YOU MUST:
*a. Pay your debts, especially court ordered for the support of any other person.
*b. Pay court costs, fines and restitution on such payment plan as may be established by the Probation Office.
PUBLIC SERVICE 6. YOU MUST:
*a. Work in public service for forty (40) hours as arranged by Public Service Director for Adams County unless waived by the Court.
RESIDENCE 7. YOU MUST:
*a. Notify the Probation Office of any change of mailing address or physical residence.
*b. Obtain prior written permission from the Probation Office to leave Adams County or county of legal residence for any period of time in excess of twenty-four (24) hours unless prior permission is obtained by the Probation Office.
*c. Consent, as a condition of Probation/Parole, to warrantless searches of your residence by any Probation/ Parole Officer based upon any suspicion that the residence contains contraband or other evidence of probation or parole violations.
*d. Waive extradition procedures and rights, including the right to be taken before a judge in another state, with respect to violations of probation or parole conditions.
WEAPONS 8. YOU MUST NOT:
*a. Possess a firearm or any other deadly weapon if:
i. You have been convicted of a felony and/or are prohibited by Federal and State Law.
ii. Your current offense is for a firearms or deadly weapon violation.
iii. Possession is prohibited by a court order.______
_________________
Witness
Defendant DateRule 1409. Violation of Probation, Intermediate Punishment, or Parole.
Unless otherwise specifically noted, procedures established by this Rule shall apply to violations of probation, intermediate punishment, and/or parole, regardless of which particular form of supervision is involved.
a. Gagnon I Hearing Master. The President Judge shall appoint an attorney authorized to practice before the Court to conduct Gagnon I hearings.
b. Gagnon I Hearings. The master shall conduct monthly hearings at a date and time set by Court order at least three (3) weeks prior to the hearing. The master shall promptly file with the Court preliminary findings and recommendations.
c. Gagnon II Hearings. Gagnon II hearings shall be scheduled by Court order at least three (3) weeks in advance and shall be conducted in the afternoon of DUI Arraignment day.
d. Failure to appear. A judge may order that a bench warrant issue for the arrest of any defendant who fails to appear at a hearing. Any person who is not released on bail and who is not produced before a judge within 72 hours after being placed in Adams County prison shall be released on $500.00 ROR bail. Bail set in those or any other circumstances shall be conditioned on the defendant appearing at the next regularly scheduled Gagnon I or Gagnon II hearing date, that follows arrest by at least twenty-one (21) days.
e. Commencement of proceedings. Revocation proceedings may be commenced by petition and rule to show cause or by arrest. When commenced by arrest, defendant shall be produced before a judge without unnecessary delay. Bail shall be automatically set at $500.00 ROR, in accordance with this Rule d. when defendants are not produced within 72 hours after being placed in Adams County prison.
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