THE COURTS

Title 255—LOCAL COURT RULES

WASHINGTON COUNTY

Administrative Procedures for Filing Offices; No. 2021-1

[51 Pa.B. 905]
[Saturday, February 20, 2021]

Administrative Order

 And Now, this 15th day of January, 2021, the Court having determined that action is necessary to safeguard the filing of legal papers and other critical functions related to the administration of justice and due process, it is hereby Ordered, Adjudged, and Decreed that the filing offices (Clerk of Courts, Prothonotary, and Register of Wills/Clerk of the Orphans' Court) shall follow the procedures set forth as follows:

I. HOURS OF OPERATION

 All filing offices shall be open to the public and judiciary staff from 9:00 a.m. to 4:30 p.m., daily Monday through Friday, excepting holidays and other judicially sanctioned closures. Filing offices may be open longer than the established hours of operation. The Court is ''always open for the transaction of judicial business,'' and a filing office may be required to stay open outside of the established hours of operation if the Court remains in session, or requires the processing of judicial business. See 42 Pa. Con. Stat. Ann. § 324.

II. CLERK OF COURTS

Bench Warrant Orders

 All Orders directing the issuance of a Bench Warrant, including the issuance of the Bench Warrant or the lifting of a Bench Warrant, shall be filed, docketed, scanned, and fully processed and distributed on the same business day if received by 4:00 p.m. by the Clerk of Courts. If the Bench Warrant is filed after 4:00 p.m., it shall be processed immediately the next business day. Excluded from said calculation shall be all weekends and holidays.

Accelerated Rehabilitative Disposition (''ARD'') Orders and Dispositions

 All ARD orders or other dispositions of ARD cases shall be filed, docketed, scanned and fully processed and distributed within forty-eight (48) hours of the date of the issuance of the Order or disposition.

Driving Under the Influence (''DUI'') Orders and Dispositions

 All DUI orders or other dispositions of Driving Under the Influence cases shall be filed, docketed, scanned and fully processed and distributed within twenty-four (24) hours of the date of the issuance of the Order or disposition. Forms required for submission to the Pennsylvania Department of Transportation are to be processed in a timely fashion.

State Sentencing Orders

 All orders or dispositions that result in a defendant being sentenced to a period of state incarceration shall be filed immediately upon presentation to the Clerk of Courts with three certified copies being immediately sent to the Sheriff's Department. Within forty-eight (48) hours from the time of delivery to the Clerk of Courts of the Order or other disposition, said document shall be docketed, scanned, and fully processed and distributed including but not limited to the entry of all information necessary for the printing of a complete DC-300B such that the individual State packets necessary for transport of the Defendant may be completed in a timely manner.

Sentencing Orders and Dispositions

 All sentencing orders and dispositions, other than state sentencing orders noted above, shall be filed, docketed, scanned, and fully processed and distributed within twenty-four (24) hours from the time of receipt by the Clerk of Courts.

Juvenile Orders and Dispositions

 All juvenile orders and dispositions shall be filed, docketed, scanned, and fully processed and distributed within twenty-four (24) hours from the time of receipt by the Clerk of Courts. All juvenile orders, including orders executed electronically (CPCMS), shall be properly filed in the appropriate physical file within five (5) business days.

Dependency Orders and Dispositions

 All dependency orders and dispositions shall be filed, docketed, scanned, and fully processed and distributed within twenty-four (24) hours from the time of receipt by the Clerk of Courts. All dependency orders, including orders executed electronically (CPCMS), shall be properly filed in the appropriate physical file within five (5) business days.

General Court Orders and Indirect Criminal Contempt (''ICC'') Orders

 All general court orders and dispositions, including ICC orders, shall be filed, docketed, scanned, and fully processed and distributed within twenty-four (24) hours from the time of receipt by the Clerk of Courts.

Summary Appeal Orders and Dispositions

 All notices of appeal from summary conviction shall be filed, docketed, scanned, and fully processed, and distributed immediately upon receipt by the Clerk of Courts. All summary appeal orders and dispositions shall be filed, docketed, scanned, and fully processed and distributed within forty-eight (48) hours from the time of receipt by the Clerk of Courts. Forms required for submission to the Pennsylvania Department of Transportation are to be processed in a timely fashion.

Bail and Pretrial Services Orders

 Bail Orders shall be filed, docketed, scanned and fully processed, and distributed immediately upon receipt by the Clerk of Courts. If applicable, distribution of such orders shall include the Washington County Correctional Facility and/or the magisterial district court by facsimile or email.

Notices of Appeal and Appeal Related Documents

 All notices of appeal and any appeal-related documents shall be filed, docketed, scanned, and fully processed and distributed immediately and completed the same day upon receipt by the Clerk of Courts. The Clerk of Courts shall provide to the appropriate judge a copy of all communications and Orders received by the Clerk of Courts from any appellate court. The Clerk of Courts shall coordinate the preparation of the record for appeal with the appropriate judge.

 Further, when directed by either a Pennsylvania appellate court, or a federal court, the Clerk of Courts shall prepare, copy and transmit the requested record of any Washington County Court of Common Pleas case to the appropriate appellate court or federal court.

Probation and Parole Orders and Other Probation Office Documents

 All probation and parole orders and other probation office documents shall be filed, docketed, scanned, and fully processed and distributed within forty-eight (48) hours from the time of receipt by the Clerk of Courts.

Distribution of Filings

 All filings accepted by the Clerk of Courts shall be distributed to parties and any interested entities or persons as noted by the filing party or entity. Those filings include, but are not limited to, transport orders, transcript request forms, omnibus pretrial motions, motions in limine, discovery requests, reciprocal discovery requests, and discovery inventories.

Miscellaneous Documents

 Any other type of document filed with the Clerk of Courts that is not specifically covered by this Administrative Order shall be filed, docketed, scanned, and fully processed and distributed within forty-eight (48) hours from the time of receipt by the Clerk of Courts.

III. PROTHONOTARY

 The Court directs the Prothonotary to develop a process to docket and scan documents immediately at the time of filing. Until the Prothonotary can implement such a process in a timely and workable manner, the Court is establishing the within timelines for the processing of legal papers:

Outstanding Incomplete Filing, Scanning, and Docketing

 All outstanding filing, scanning, and docketing of any orders, notices, or other legal papers that has not been completed prior to the date of this Administrative Order shall be fully processed and distributed no later than February 1, 2021. The Prothonotary shall provide a written status report addressing the progress on the backlog on a daily basis to the President Judge and the Court Administrator.

Court Orders and Notices

 Unless otherwise specified, all court orders or notices shall be filed, docketed, scanned, fully processed, and distributed within twenty-four (24) hours from the time of receipt by the Prothonotary. A bench warrant shall be treated in the same manner as a court order.

Protection from Abuse Act and Protection of Victims of Sexual Violence or Intimidation Act Cases

 All petitions, orders, and hearing notices related to Protection from Abuse Act or Protection of Victims of Sexual Violence or Intimidation Act cases shall be filed, docketed, scanned, fully processed, and distributed immediately upon receipt by the Prothonotary.¹ The Prothonotary is required to enter all information immediately into the Protection from Abuse Database (PFAD) when receiving corresponding legal papers. See Pa.R.Civ.P. 1901.4(c). All other legal papers relating to PFA or PVSVI cases shall be filed, docketed, scanned, and fully processed and distributed within twenty-four (24) hours from the time of receipt by the Prothonotary.² The Prothonotary shall accept for filing any valid protection order issued by a comparable court in accordance with 23 Pa. Con. Stat. § 6104.

Initial Filings

 All legal papers that initiate a civil action or other proceeding shall be filed, docketed, and scanned within twenty-four (24) hours from the time of receipt by the Prothonotary.

Secondary Filings

 All secondary legal papers shall be filed, docketed, and scanned within forty-eight (48) hours from the time of receipt by the Prothonotary, unless otherwise specified in this Administrative Order.

Judgments, Liens, and Praecipes

 All judgments and liens shall be filed, docketed, scanned, fully processed, and distributed within one business day of receipt by the Prothonotary. Praecipes are to be filed, docketed, scanned, fully processed, and distributed within forty-eight (48) hours of receipt by the Prothonotary.

Notices of Appeal and Appeal Related Documents

 All notices of appeal and any appeal-related documents shall be filed, docketed, scanned, fully processed, and distributed immediately and completed the same day upon receipt by the Prothonotary. The Prothonotary shall provide to the appropriate judge a copy of all communications and Orders received by the Prothonotary from any appellate court. The Prothonotary shall coordinate the preparation of the record for appeal with the appropriate judge. Files returned on appeal are to be rearranged in chronological order, and the status of the case shall be updated in the docket.

Service-Related Documents

 All service-related legal papers, including a return of service, shall be filed, docketed, and scanned within forty-eight (48) hours from the time of receipt by the Prothonotary.

Returned Mail

 Unless otherwise specified by rule of court, returned mail shall be processed in the following manner: (1) the envelope shall be scanned and affixed in physical file; (2) the returned mail shall be described and noted on the docket; and, thereafter, (3) the contents of the envelope may be discarded if already contained within the appropriate file.

Verdicts

 All verdicts, whether entered following a bench or jury trial, shall be filed, docketed, scanned, and fully processed within twenty-four (24) hours from the time of receipt by the Prothonotary.

Equitable Relief, Enforcement of Judgments, and Suggestion of Bankruptcy

 All legal papers filed pursuant to Pa.R.Civ.P. 1531—1535, suggestions of bankruptcy, or related to a stay of the enforcement of a judgment shall be filed, docketed, scanned, and fully processed immediately upon receipt by the Prothonotary.

Miscellaneous Documents

 Any other type of document filed with the Prothonotary that is not specifically covered by this Administrative Order shall be filed, docketed, scanned, and fully processed and distributed within forty-eight (48) hours from the time of receipt by the Prothonotary.

IV. REGISTER OF WILLS AND CLERK OF THE ORPHANS' COURT

Court Orders and Notices

 Unless otherwise specified, all court orders or notices shall be filed, docketed, scanned, fully processed and distributed within twenty-four (24) hours from the time of receipt by the Register of Wills.

Initial Filings

 All legal papers that initiate an Orphan's Court proceeding shall be filed, docketed and scanned within twenty-four (24) hours from the time of receipt by the Register of Wills.

Notice of Appeals and Appeal Related Documents

 All notices of appeal and any appeal-related documents shall be filed, docketed, scanned, fully processed and distributed immediately and completed the same day upon receipt by the Register of Wills. The Register of Wills shall provide to the appropriate judge a copy of all communications and orders received by the Register of Wills from any appellate court. The Register of Wills shall coordinate the preparation of the record for appeal with the appropriate judge. Files returned on appeal are to be rearranged in chronological order, and the status of the case shall be updated in the docket.

Audits

 All accounts accepted by the Register of Wills for filing must be completed at the time of filing and should be docketed and scanned within forty-eight (48) hours from the time of receipt by the Register of Wills. It is the responsibility of the Register of Wills to prepare the publication list for audit, and to cause their advertisement in the appropriate publications. A copy of the Audit Publication should be provided to the Audit Clerk at the time it is sent for publication. Adjudications and decrees shall be filed, docketed, scanned, fully processed, and distributed within forty-eight (48) hours from the time of receipt.

GTS (Guardian Tracking System)

 All electronic reports shall be printed, filed, docketed, and scanned within twenty-four (24) hours of notification by the AOPC. The Register of Wills shall review the Upcoming and Overdue Reports in the GTS system and send late letter notifications quarterly. The Register of Wills should follow up quarterly on those same reports if they have not been submitted to the AOPC.

 In addition, the Register of Wills is required to:³

 • Create and open new cases in the GTS system;

 • Provide access codes letters to guardians upon appointment;

 • Enter any paper copy of an annual report if accompanied by the appropriate fee;

 • Update GTS with information from additional court proceedings (e.g., sale of real estate, appointment of successor guardian, termination of guardianship, etc.);

 • Update contact information for a guardian or incapacitated person when submitted on a guardian status sheet; and

 • Coordinate and share GTS and guardianship information with the Audit and Guardianship Clerk.

Miscellaneous Documents

 Any other type of document filed with the Register of Wills that is not specifically covered by this Administrative Order shall be filed, docketed, scanned, and fully processed and distributed within forty-eight (48) hours from the time of receipt by the Register of Wills.

V. STATISTICAL REPORTING

 All AOPC statistical docket corrections or reporting shall be fully processed and completed by all filing offices as requested by Court Administration. The compilation of statistical information for reporting to the AOPC is the responsibility of Court Administration.

VI. ENFORCEMENT

 The respective elected officials of the filing offices and their staff shall comply with the provisions of this Administrative Order. The Court may initiate contempt proceedings if there is a failure to adhere to the requirements set forth in this Administrative Order. Questions concerning a provision(s) of this Administrative Order shall be directed to the Court Administrator, who is responsible for bringing those matters needing clarification or other action to the attention of the President Judge and other appropriate judges. Any other order that conflicts or is otherwise inconsistent with this Administrative Order is hereby RESCINDED, except those issued pursuant to a locally declared judicial emergency.

 It is further ORDERED that the Court Administrator shall serve a copy of this Administrative Order on the respective elected officials of the filing offices and cause a copy to be published in the Washington County Reports, the official legal publication of Washington County, at the expense of the County of Washington, and in the Pennsylvania Bulletin.

By the Court

JOHN F. DiSALLE, 
President Judge

[Pa.B. Doc. No. 21-244. Filed for public inspection February 19, 2021, 9:00 a.m.]

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¹  The PFA Coordinator will remain responsible for distributing copies of the petition and any related temporary order to the petitioner and Sheriff.

²  Common pleas judges may receive emergency protection requests up until 4:00 p.m. during normal business days, at the Courthouse. Following receipt, an ex parte hearing is required and proceedings may extend beyond standard working hours and necessitate the filing office to remain open to process the emergency protection request. Protection orders granted after hours by a magisterial district judge shall be filed, docketed, scanned, fully processed, and distributed immediately upon receipt by the Prothonotary.

³  The Audit and Guardianship Clerk has the following duties regarding the GTS: (1) view ''Submitted Reports'' and take any necessary action; (2) view ''Ready for Review'' reports for action, such as the resolution of flags; (3) accept reports when appropriate; and (4) notify the Orphans' Court judge of any reporting issues that require judicial action.

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