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PA Bulletin, Doc. No. 13-1437

THE COURTS

ADAMS COUNTY

Rule of Judicial Administration 160; Administrative Order No. 61 of 2013

[43 Pa.B. 4326]
[Saturday, August 3, 2013]

Order of Court

And Now, this 18th day of July, 2013, It Is Hereby Ordered that Adams County Rule of Judicial Administration 160, Termination of Inactive Cases, is rescinded in its entirety.

[160. Termination of Inactive Cases.

A. The Clerk of Courts, the Prothonotary, and each Magisterial District Judge 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 15 or sixty (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 shall certify to the Court that the 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.]

 This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It Is Further Directed that:

 A. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts Office and the Adams County Law Library for inspection and copying;

 B. Seven (7) certified copies of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.J.A. No. 103(c)(2); and

 C. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format per 1 Pa. Code § 13.11(d), containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 13-1437. Filed for public inspection August 2, 2013, 9:00 a.m.]



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