THE COURTS
ADAMS COUNTY
Local Rules of Judicial Administration; Administrative Order No. 10 of 2005
[35 Pa.B. 3014]
Order of Court And Now, this 6th day of May, 2005, all existing local rules of Judicial Administration are repealed and replaced by the following rules.
These rules shall become effective 30 days after publication in the Pennsylvania Bulletin.
Seven certified copies of these rules shall be filed with the Administrative Office of the Pennsylvania Courts. Two certified copies and a computer diskette containing the text of these rules in MSDOS, ASCII, Microsoft Word or Word Perfect format and labeled with this court's name, address and computer file number, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One certified copy of these rules shall be filed with the Pennsylvania Supreme Court Civil Procedural Rules Committee and the Domestic Relations Procedural Rules Committee. One certified copy of these rules shall be forwarded to the Adams County Bar Association for posting on its web site.
Upon these rules becoming effective, they shall be posted on this Court's web site.
A copy of these rules shall be kept continuously available for public inspection in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of these rules.
By the Court
JOHN D. KUHN,
President Judge
ADAMS COUNTY COURT OF COMMON PLEAS
RULES OF JUDICIAL ADMINISTRATIONRule 1.0 Applicability.
The Rules adopted under this chapter shall apply to all offices in the Adams County Court System unless the context indicates otherwise. Offices in the Court system shall include the offices of Magisterial District Judges, the Clerk of Courts, Orphans' Court Division, Criminal and Miscellaneous Sections, and the Prothonotary. In some instances, these rules will also apply to the Sheriff, Register of Wills and Recorder of Deeds.
Local rules are intended to supplement state rules and shall be read in context with those rules.
Local rules may be cited:
Adams C.R.J.A. (number)--Rules of Judicial Administra tion
Adams C.Civ.R. (number)--Rules of Civil Procedure
Adams C.Crim.R. (number)--Rules of Criminal Procedure
Adams C.Juv.R. (number)--Rules of Orphans' Court Pro cedureThey may also be cited as Local (R.J.A., Civ., Crim., Juv., O.C.) Rule (number).
Rule 2.0 Court Calendar.
The Court shall promulgate a court calendar annually. There shall be included therein no less than twelve (12) weeks set aside for criminal jury trials and no less than seven (7) weeks set aside for civil jury trials. The Prothonotary and Clerk shall prepare a list, and provide each judge with a copy thereof, of cases scheduled for hearing, trial, argument or other action at least five days prior to a specified calendar day. Other than summary appeals, the hearing list shall reflect matters listed for hearing at least ten (10) days prior to hearing date. The list may be supplemented by order or with approval of a judge.
Rule 3.0 Papers Filed.
For purposes of this rule, papers include pleadings, motions, petitions and orders. Nothing in this rule shall be construed contrary to any state rule.
A. Size and Color
Papers filed in the Court system shall be eight and one-half inches by eleven inches (8 1/2 × 11) in size. Papers shall be on white or off-white stock. Exhibits to papers may be of a different color if the original does not permit compliance with this Rule.
B. Characters
Papers should be written in ink, printed, typewritten, photocopies, mimeographed or otherwise mechanically reproduced.
C. Caption
The caption should include the name and division of the Court, identifying case number, the names of the parties, and the title of the proceeding.
D. Orders
Papers requiring an order shall have a proposed order attached as the first page and shall be first filed in either the Office of the Clerk of Courts or the Office of the Prothonotary. Normally, papers should then be presented to the Court Administrator for paper routing. They may also be presented to the appropriate judge in chambers, or filed in open court.
E. Prior Action
If a paper refers to prior action taken by the Court, the paper shall identify the date the action was taken and the judge taking such action and shall have attached as an exhibit a copy of the order directing the action.
Rule 4.0 Bulletin Board.
Both the Prothonotary and Clerk of Courts shall maintain in public view a bulletin board for the purpose of posting required notices.
Rule 5.0 Records.
The Prothonotary, Clerk of Courts, Recorder of Deeds and Register of Wills shall be responsible for the safekeeping of records in their respective offices. No person other than an office employee, judge, attorney admitted to practice in Pennsylvania, or persons designated by a judge or attorney may have unsupervised access to records. Attorneys may authorize not more than two employees per law office to have unsupervised access. The designation must be written and filed in the appropriate office. Attorneys and designated employees must sign an acknowledgement that they understand this rule and will do nothing to damage or compromise the integrity of records.
Officers may authorize temporary removal of records for purposes of examination and study. Only persons qualifying for unsupervised access shall be accorded this privilege. Records must be returned to the appropriate office within one (1) hour of demand by the Officer. Officers shall require receipts and must be informed precisely where the records may be located. Any person temporarily removing the records shall authorize the Officer to seize and regain possession of the records without process or notice, wherever they may be held. Other than in cases involving masters, auditors or other court appointed persons, records may not be removed longer than fifteen (15) days. Failure to return any paper within fifteen (15) days may immediately result in the cancellation of the privilege of unsupervised access for the entire law office concerned, until such time as the Office restores the privilege.
Rule 6.0. Correction of Public Records.
Neither the Prothonotary, the Register of Wills, the Clerk of Courts, the Recorder of Deeds, nor the Sheriff shall erase any matter erroneously entered in any official or public record, such as an entry book, docket, mortgage or deed, or will book. Any erroneous entry shall be struck there from in red ink in such manner as to leave the stricken matter legible, and the correct entry inserted. Upon the making of any such correction the Officer making the same shall note the date of such making. In the event that any such Officer shall inadvertently omit to make an entry and subsequently another entry shall be made, the omitted entry may be placed upon the record but it shall not be inserted between two other entries unless the Officer shall note on the record that it was so made, together with the date thereof.
Rule 7.0 Photographs and Broadcasting.
No pictures or photographs shall be taken immediately preceding or during sessions of this Court or recesses between sessions, in any of the courtrooms or at any place in the courthouse within forty (40) feet of the entrance of such courtroom unless specially allowed by the President Judge.
No Court proceeding shall be broadcast or televised, nor shall any Court proceeding be mechanically or electronically recorded, except by the official court reporter unless specifically allowed by the President Judge.
No pictures or photographs of any party to a civil or criminal action, juror, or witness shall be taken in the law library or in any office or other room of the Courthouse, except with the knowledge and consent of the person or persons photographed.
Rule 8.0 Guardian Ad Litem.
Any interested party may move, in the case wherein facts are of record, or may petition, in cases wherein facts are not of record, for the appointment of a guardian ad litem for any party in interest, not sui juris by reason of infancy or otherwise. The fee for the guardian ad litem shall be set by the judge to whom the case is assigned, and shall be paid in the first instance by the moving or petitioning party. Thereafter, the judge may make such order as may be appropriate, including assessing the fees as costs in the case.
Rule 9.0 Termination of Inactive Cases. (Pa.R.J.A. 1901--Pa.R.C.P. 230.2)
A. The Clerk of Courts, the Prothonotary, and each District Justice shall annually review cases pending in his/her respective office on or before the first day in July. The Officer shall compile a list of cases in which there has been no docket activity for a period of two (2) years or more. The Officer shall, at least sixty (60) days prior to September 15, give notice to the parties and counsel either (a) in person, (b) by regular mail, addressed to the last address of record, or (c) by publication when notice by mail cannot be given or has been returned undelivered, that after that date the case will be considered by the Court for dismissal. The notice shall comply with the provisions of Pa. Rules of Judicial Administration 1901 and Pa. Rule of Civil Procedure 230.2.
B. If no statement of intention to proceed is made, the Court will summarily dismiss the case any time after September 15th or 60 days after service of the notice, whichever is later. If a statement of intention to proceed is made, the Court may either schedule a hearing or continue the case on active status for a period of one (1) year.
C. Magisterial District Judges shall have the same powers and duties as the Court. Either party shall have the right to appeal to the Court from any decision as in other cases in which judgment is entered by a Magisterial District Judge.
D. Officers involved in this rule shall certify to the Court that proper notice has been given pursuant to this rule.
E. Notice by publication shall be published once in a newspaper of general circulation in the Adams County area or once in the Adams County Legal Journal.
Rule 10.0 Money Paid into Court.
A. Any party wishing to pay money into Court shall request leave to do so by petition, in conformance with Adams County Civil Rule 206.4(c).
B. The Prothonotary and Clerk shall open and maintain accounts for the deposit of funds paid into Court, pursuant to court order. Accounts and depositories shall be approved by the Court. Disbursements or distributions shall be made pursuant to court order. An administrative fee of twenty-five ($25.00) dollars shall be paid from the fund to the Officer for handling the funds.
C. When money is paid to the Prothonotary pursuant to Pa.R.C.P.D.J. No. 1008, the payee shall state in writing whether or not the Prothonotary is authorized to periodically release sums to a landlord without application by the landlord. If authority is granted, the tenant shall state the amount that may be periodically disbursed. Until authority is cancelled by the tenant, those sums may be periodically released without further Order of Court.
Rule 11.0 Legal Journal.
The Adams County Legal Journal is designated for the publication of Court or other legal notices as required by the various statutes, law, rules, order or decrees of the Court in the Commonwealth of Pennsylvania.
Rule 12.0 Law Library.
The President Judge shall appoint a chairman and committee to operate and maintain the Adams County Law Library. Committee members shall be selected from members of the Adams County Bar Association and shall serve at the pleasure of the President Judge. The committee may deal directly with the Adams County Commissioners in budgetary matters. The committee shall file annually a report and accounting with the court. Upon approval, the report shall be filed of record in the Prothonotary's office.
The Adams County Law Library shall be a facility open to the general public and used as a research facility by the Court, county officials, and county attorneys, in accordance with law, subject to rules promulgated by the committee and approved by the Court. Until changed, the following shall apply:
(1) The library is open to the public during hours of 8:00 A.M. to 4:30 P.M., Monday through Friday. The law library will remain closed during those times when the Courthouse is closed.
(2) The Adams County Law Library is intended primarily for a reference library. No books may be taken out by members of the general public. Limited borrowing privileges are as follows:
(a) All books must be returned within three (3) days from the date that they are signed out, in a register provided and located at the desk in the law library. Violation of this provision shall subject the violator to the following penalties:
(i) Books held beyond thirty (30) days--library privileges to be revoked and the offender to be reported to the Adams County Court.
(ii) After thirty (30) days, the offender will be billed for the replacement cost of the volume or volumes held.
(b) The following books are for reference only and may not be taken out of the law library: Purdons Statutes, Pennsylvania Law Encyclopedia, United States Code Annotated, U. S. Code Service, all Slip Opinions, Court Rules, Dictionaries, Directories, Shepard Citations, Pennsylvania Code, Pennsylvania Bulletin, and all other books maintained on shelves that are marked indicating that the contents may not be removed.
(3) For all materials which are in circulation and borrowed from the library, authorized individuals shall sign the register and indicate the volume number and title, the borrower's name (judge, attorney, or county official), address or department and the date that the volume was removed. Every item taken from the library must be signed out. When the item is returned to the library, the register must be signed to indicate the date that the item was returned. The item should be re-shelved when it is returned to the library.
(4) In furtherance of a desire to maintain the Adams County Law Library as a complete County Reference Law Library, the following publications are to be provided for the law library:
(a) All published slip opinions authored by the Adams County Court shall be delivered to the Adams County Law Library which shall hereinafter act as a depository for said Opinions.
(b) All ordinances of municipalities and townships, including Zoning Ordinances, shall be made available to the Adams County Law Library.
(5) These rules shall be posted in a conspicuous place in the Adams County Law Library.
(6) The photocopier in the law library is for the convenience of all persons authorized to use the law library. Use is restricted to making reasonable numbers of copies of library material. The Committee may subject the copier's use to conditions and restrictions by posting same by or on the copier and may revoke any person's usage privileges. The copy machine should be turned off after use.
Rule 13.0 Extended Hearing.
An extended hearing is defined as one requiring two or more hours. Parties requesting hearings, whether by order or praecipe, shall certify whether the hearing can reasonably be expected to become an extended hearing. The Court will then schedule the matter for conference or hearing as deemed appropriate by the Court.
Rule 14.0 Appeals to Court.
A. Appeals From Government Agencies
1. Whenever an appeal is filed from the final order of a governmental agency pursuant to provisions of 42 Pa.C.S.A. § 933, the appeal shall have attached thereto a copy of said final order.
2. The Prothonotary shall forward the file to the Court on the thirty-first (31st) day following the filing of said appeal. The Court shall then schedule a conference, hearing or argument, or take such other action as may be deemed necessary or appropriate.
B. Land Use Appeal
1. Whenever an appeal is filed pursuant to provisions of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10101, et seq., the Prothonotary shall forward the file to the Court on the thirty-first (31st) day following the filing of said appeal. The Court shall then schedule a conference or hearing or take such other action as may be deemed necessary or appropriate.
C. License Suspension Appeal
1. All appeals from governmental action suspending or revoking licenses, rights or privileges, shall have attached thereto a copy of the suspension or revocation order.
2. Hearings for such appeals shall be held on a regularly scheduled Civil Business Court day.
D. Tax Sale Appeal
1. All tax sale appeals shall be docketed in a manner which identifies the appeal by the tax sale number. Once the appeal is filed, a separate file for that appeal shall be maintained by the Prothonotary.
Comment: Generally, all tax sales for a given year are collectively docketed as filing year-S-file number. Appeals shall be filed to the same docket number but shall also note the sale number. An example would be 04-S-235 (Sale No. 36).
E. Truancy Appeal
1. All appeals filed by a parent, guardian, or person in parental relation from a summary conviction under 24 P. S. § 13-1333 for violation of the compulsory school attendance law shall be heard on a regularly scheduled Criminal Business Court day.
Rule 15.0 Sale of Impounded Unclaimed Vehicles.
A. The Sheriff of Adams County shall, on a periodic basis, conduct sales of impounded unclaimed vehicles in conformity with 75 Pa.C.S.A. § 6310(b). The following process shall be observed for the sale of said vehicles:
1. Immediately upon impoundment of an unclaimed vehicle, the impounding law enforcement agency shall give notice to the owner of said vehicle and any lienholders in accordance with 75 Pa.C.S.A. 6309(c). Notice shall be substantially in the form stated in part B. hereof.
2. Each municipality shall be responsible for storage of its impounded unclaimed vehicles until the time of sale.
3. The Sheriff of Adams County shall notify all Adams County municipalities of the date set for the sale of impounded unclaimed vehicle in the county.
4. Upon Notice of the setting of the sale date, the local law enforcement offices shall provide the Sheriff of Adams County with the following:
(i) A list of all impounded unclaimed vehicles.
(ii) Proof of Notice to the owner of each impounded/unclaimed vehicle in accordance with sub-section B. of this rule.
(iii) Such fees as are requested by the Adams County Sheriff.
5. Upon receipt of Proof of Notice from the municipalities, Sheriff shall serve further Notice upon the owners of the vehicles subject to the sale in conformity with 75 Pa.C.S.A. 6309(c). The Sheriff shall serve Notice by publication when Notice by mail cannot be given or has been returned undelivered. Notice by publication must be given for three (3) consecutive weeks in the Adams County Legal Journal and in one local newspaper of general circulation.
6. On the date established for sale of vehicles, the Sheriff shall conduct said sale in accordance with normal personal property sale procedures.
7. Following the sale of vehicles, the Sheriff shall distribute proceeds of the sale to the individual municipalities involved.
B. Each individual municipality involved shall provide notice, in substantially the following form, to the owner of each automobile at the last known address of said owner via regular mail and certified mail, restricted delivery. Each individual municipality shall provide Proof of Notice, in substantially the following form, to the Sheriff for each vehicle that is to be sold.
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
[caption]
NOTICE OF SALE OF IMPOUNDED UNCLAIMED VEHICLE You, ______ [name], are the owner of record of the following vehicle: [make, model, VIN number]. This vehicle has been impounded and designated as unclaimed by the Sheriff of Adams County. This vehicle is set to be sold on ______ , 20 ____ at the following location: ______ [address].
IF YOU WISH TO SECURE YOUR RIGHTS IN THIS VEHICLE, YOU MAY RECOVER THE VEHICLE ON THE ABOVE-REFERENCED DATE AT THE LOCATION GIVEN. IN ORDER TO RECOVER YOUR VEHICLE, YOU WILL BE RESPONSIBLE FOR SHERIFF'S ADMINISTRATIVE COSTS IN ASSOCIATION WITH THIS SALE. IF YOU WISH TO SEEK FURTHER LEGAL ADVICE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COUNTY REFERRAL OFFICER
Adams County Courthouse
Gettysburg, PA 17325
(717) 337-9846
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
[caption]
PROOF OF NOTICE OF IMPOUNDED UNCLAIMED VEHICLE I, ______ [name], a representative of ______ [municipality], state that the following vehicle has been impounded and remains unclaimed in the above-referenced municipality. Notice has been provided to owner at his/her last known address via regular mail and certified mail (restricted delivery) that this vehicle will be sold at the sale on ______ [date of sale]. Proof of Notice is attached. The vehicle is described as follows:
Vehicle: ______ [make, model, VIN number]
Owner of Record: _________________ [name]
Last known address of owner: __________
Date of abandonment: __________
_________________
[representative of municipality]Rule 16.0 Petitions for Board of View.
A. Content of Petition
1. Petitions filed for the appointment of a board of view shall cite therein the statutory authority under which the board is being sought.
2. The petition shall identify persons having an interest in the appointment of the board, persons who will be legally impacted by the decision of such board, and any attorney who has a real or potential conflict of interest in the matter.
B. Delivery to the Court
1. Upon the filing of the petition with the Prothonotary, the petitioner(s) shall have the petition forwarded to the Court Administrator for processing.
C. The Board
1. Boards of view shall generally be comprised of three (3) persons.
2. The chairperson of the Board shall be an attorney licensed to practice in the Commonwealth of Pennsylvania whose principal office is located in Adams County.
3. Boards of View shall be compensated at a rate established from time to time by the Court.
4. The Court may revoke the appointment of the Board or any member thereof for whatever cause that the Court deems is appropriate.
D. Report
1. The report of a Board of View shall be in writing and submitted to the Court within sixty (60) days of appointment of the Board. If the report cannot be completed and submitted within that period of time, the Chairperson shall file a preliminary report to the Court explaining the reason(s) for the delay and setting forth the expected time needed to complete the report.
[Pa.B. Doc. No. 05-986. Filed for public inspection May 20, 2005, 9:00 a.m.]
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