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PA Bulletin, Doc. No. 10-633

THE COURTS

MONROE COUNTY

Re: Administrative Order 2010.22; No. AD 22; 05- CV-2010

[40 Pa.B. 1896]
[Saturday, April 10, 2010]

Order

 And Now, this 19th day of February, 2010, pursuant to the authority contained in Pa.R.J.A. No. 1901—Prompt Disposition of Matters; Termination of Inactive Cases, It Is Ordered that the following procedures shall be utilized to ensure a policy is in place to govern the disposal of such cases of the Magisterial District Courts within the Forty-Third Judicial District.

 It Is Further Ordered that seven (7) certified copies of this Order shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies and one (1) diskette shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania; publish a copy of the local rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx; one copy to the Monroe County Legal Reporter for publication, and that one copy shall be filed with the Prothonotary—Civil—of the Court of Common Pleas of Monroe County.

1. General Policy

 (A) In accordance with Pa.R.J.A. No. 1901(c)(2) notification will be made for each case where a matter has been inactive for an unreasonable period of time.

 (B) Before any order terminating a matter on the ground of unreasonable inactivity is entered, the parties shall be given at least 30 days' written notice of opportunity for hearing on such proposed termination.

 (i) Written notification to be made by publication in The Monroe Legal Reporter, designated by rule of court for the publication of legal notices where the docket of the matter shows no evidence of activity during the previous five years.

 (ii) To dispose of inactive cases a district court will physically pull each case from their files and box the cases in numerical docket order for archiving. The office will then prepare a cover letter attaching a list of all cases. The magisterial district judge will sign the cover letter and initial each page of the list. This paperwork is sent to the magisterial district judge court administrator's office for review and to attach an order to dismiss.

 (C) After a Common Pleas judge reviews the matter and issues a court order, it is recorded in the Clerk of Courts office and the order is forwarded to the district court.

 (D) Once the Order to Dismiss is recorded the files are kept for 3 years from the date of filing of the court order.

 (E) A copy of the Order to Dismiss must be attached to each case file along with the corresponding page listing the docket number.

 The effective date of this Order shall be May 1, 2010.

By the Court

RONALD E. VICAN, 
President Judge

[Pa.B. Doc. No. 10-633. Filed for public inspection April 9, 2010, 9:00 a.m.]


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