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PA Bulletin, Doc. No. 96-1705


Title 255--LOCAL


Amendments to Local Court Rules; No:  96MV1

[26 Pa.B. 4901]


   And Now, this 30th day of September, 1996, the following amendments to the Local Rules of the Court of Common Pleas of Columbia and Montour Counties, 26th Judicial District are hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d).

By the Court

President Judge

   1.  L. R. 6.05 is rescinded in its entirety and replaced with the following:

L. R. No. 6.05.  Non-Compliance with Prior Order of Support.

   A.  All procedures for non-compliance are to be pursuant to the alternate procedures of Pa.R.C.P. No. 1910.21-5.

   B.  A Permanent Hearing Officer shall have jurisdiction to initially hear all cases in which the Domestic Relations Offices of Columbia or Montour County, as applicable, find non-compliance with any prior support Order.

   C.  At such hearing, testimony and evidence shall be received and a stenographic record of the testimony shall be made.

   D.  Following such hearing, the Permanent Hearing Officer shall make an appropriate Recommendation to the Court, which recommendation may include, but is not limited to, a recommendation of a finding of contempt.

   E.  In the event the Permanent Hearing Officer makes a recommendation for a finding of contempt, the matter shall be promptly scheduled by the Domestic Relations Section and the Court Administrator for disposition before the Court of Common Pleas. In the event of any other recommendation by the Permanent Hearing Officer, the parties shall have the right to file Exceptions to the Permanent Hearing Officer's recommendations within ten (10) days after the date of the Permanent Hearing Officer's Report. If no Exceptions are filed within such period, the Court shall review the Report and enter an appropriate final Order. Exceptions shall be stated with particularity.

   F.  In all non-compliance cases, the Court shall have the final authority to make a determination as to the appropriateness of any finding of contempt or any sanction against any individual found to be in a state of non- compliance with any prior Order regarding support.

   2.  L. R. 8.01(b) is rescinded in its entirety and replaced with the following:

L. R. No. 8.01.  Accounts.

   B.  All accounts advertised in accordance with Subsection A, shall be presented to the Court by the Clerk for confirmation nisi and approval of the Statement of Proposed Distribution contained therein. If no objections are filed thereto within ten (10) days of the confirmation nisi the Clerk shall confirm absolutely the account and approval of the Statement of Proposed Distribution.

   3.  L. R. 9.01(d) is rescinded in its entirety and replaced with the following:

L. R. No. 9.01.  Auditors.

   D.  If Exceptions are filed to a report of an Auditor, simultaneously therewith, the party filing said Exceptions shall file a Praecipe for Argument.

   4.  L. R. 10.01(d) is rescinded in its entirety and replaced with the following:

L. R. No. 10.01.  Adoptions.

   D.  No such additional filing fee will be required when the intermediary is a public or voluntary child care agency other than Columbia County or Montour County Office of Children and Youth Services in which case the investigative report will be prepared by the child care agency as intermediary.

   5.  L. R. 12.4006 is rescinded in its entirety and replaced with the following:

L. R. No. 12.4000.  Bail.

   A.  Real Estate

   Real Estate shall not be accepted as surety for bail unless accompanied by:

   1.  A certification by an attorney licensed to practice in this Commonwealth stating the ownership of the real estate so offered and all liens against the same; and

   2.  An appraisal or opinion letter (at the discretion of the Court or issuing authority) of the real estate made within thirty (30) days of the bail motion by a licensed real estate broker or appraiser; and

   3.  All record owners of the real estate must execute the appropriate surety documents.

   B.  Administrative Fee

   In all court cases where an amount of bail is set for release, a non-refundable administrative fee of twenty-five dollars ($25.00) shall be paid to the Clerk of Court of the respective county where trial will be held. The administrative fee shall be considered as earned at the time of bail undertaking is executed.

   C.  Confession of Judgment Waiver

   The issuing authority of the Clerk of Court of the respective court where trial will be held, as the case may be, shall cause a Confession of Judgment Waiver, in such form as is directed by the Court, to be executed in all cases where bail is being provided. Such form shall be executed by the defendant and such other parties as are acting as sureties.

   D.  Non-Appearance Before District Justice

   In all cases where there has been a non-appearance before a District Justice and a bail bond has been executed, the bail bond shall be immediately transmitted to the appropriate Clerk of Court along with a written statement of the details concerning the defendant's non- appearance.

   E.  Discharge

   When the conditions of a bail bond have been performed and the defendant has made all required appearances in the case, the Clerk of Court shall return to the person posting bail, unless the Court orders otherwise, the entire amount of the cash bail deposited, less any administrative costs. In the event a Judgment has been entered on any bail bond, upon receiving an Order that the defendant has been discharged from all obligations, the Clerk of Court shall, upon payment of the appropriate administrative, filing and satisfaction fees, mark the Judgment satisfied on the record.

   6.  L. R. 12.1410(a) is rescinded in its entirety and replaced with the following:

L. R. No. 12.1410.  Post-Verdict Procedures.

   A.  Trial counsel shall continue to have an obligation to represent the Defendant through sentencing and post sentence motion unless permission for leave to withdraw as counsel has been granted by the Court. Trial counsel shall also be required to brief and argue any post sentence motions (if the Court directs briefing and argument), unless succeeding counsel has entered an appearance or permission to withdraw has been granted by the Court.

[Pa.B. Doc. No. 96-1705. Filed for public inspection October 11, 1996, 9:00 a.m.]

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