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PA Bulletin, Doc. No. 22-491

THE COURTS

Title 255—LOCAL COURT RULES

MERCER COUNTY

Amendments to Local Rules of Civil Procedure L319, L320 and L1920.60; 2022-593

[52 Pa.B. 1976]
[Saturday, April 2, 2022]

 And Now, this 15th day of March, 2022, the Court hereby Approves, Adopts and Promulgates the following Amendments to the Mercer County Local Rules L319, L320 and L1920.60 regarding Termination of Inactive Cases.

 It Is Further Ordered and Directed that the Court Administrator of Mercer County shall file (1) certified copy of the Amendments with the Administrative Office of the Pennsylvania Courts and furnish two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 It Is Further Order and Directed that these Amendments shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of Mercer County and the Office of the Prothonotary of Mercer County. This Order shall be published in the Mercer County Law Journal.

By the Court

DANIEL P. WALLACE, 
President Judge

AMENDMENTS TO THE MERCER COUNTY
LOCAL RULES REGARDING TERMINATION OF
INACTIVE CASES

 A. Local Rule L319 shall be deleted.

 B. Local Rule L320 shall be deleted and replaced with the following:

Rule L230.2. Termination of Inactive Cases.

 (a) At least once a year, the Prothonotary of Mercer County shall provide to the President Judge a list of all those cases that have had no activity of record for two years or more.

 (b) Pursuant to Pa.R.C.P. Rule 230.2(b)(1), the Prothonotary shall then send Notices of Proposed Termination to counsel of record, or to the parties if not represented, for those cases having no activity of record for two years or more.

 (c) Pursuant to Rule of Judicial Administration Rule 1901(c)(2), the Prothonotary shall advertise one time in the Mercer County Law Journal the list of all those cases where the Notice of Proposed Termination could not be given by mail or had been returned undelivered. In addition to the list of cases, said advertisement shall include a Notice of Proposed Termination and the statement: ''You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).''

 (d) The Prothonotary shall comply with all other provisions found in Pa.R.C.P. Rule 230.2 when terminating inactive cases that have been properly served a Notice of Termination.

 (e) The President Judge shall comply with Rule 230.2(d) regarding an aggrieved party seeking to reinstate a terminated case.

 C. Local Rule L1920.60 shall be deleted and replaced with the following:

Rule L1920.60. Termination of Inactive Divorce Cases.

 (a) At least once a year, the Prothonotary of Mercer County shall provide to the President Judge a list of all those divorce cases that have had no activity of record for two years or more.

 (b) Pursuant to Pa.R.C.P. Rule 230.2(b)(1), the Prothonotary shall then send Notices of Proposed Termination to counsel of record, or to the parties if not represented, for those divorce cases having no activity of record for two years or more.

 (c) Pursuant to Rule of Judicial Administration Rule 1901(c)(2), the Prothonotary shall advertise one time in the Mercer County Law Journal the list of all those divorce cases where the Notice of Proposed Termination could not be given by mail or had been returned undelivered. In addition to the list of cases, said advertisement shall include a Notice of Proposed Termination and the statement: ''You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).''

 (d) The Prothonotary shall comply with all other provisions found in Pa.R.C.P. Rule 230.2 when terminating inactive divorce cases that have been properly served a Notice of Termination.

 (e) The President Judge shall comply with Pa.R.C.P. Rule 230.2(d) regarding an aggrieved party seeking to reinstate a terminated divorce case.

[Pa.B. Doc. No. 22-491. Filed for public inspection April 1, 2022, 9:00 a.m.]


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