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PA Bulletin, Doc. No. 11-1174


Title 255—LOCAL


Amendment of Rule of Civil Procedure 1901; Administrative Order No. 21 of 2011

[41 Pa.B. 3821]
[Saturday, July 16, 2011]

Order of Court

And Now, this 28th day of June, 2011, the Court hereby Orders that Rule 1901 of the Adams County Rules of Civil Procedure shall be amended as follows:

Rule 1901. Commencement and Referral.

 The Prothonotary and any Magisterial District Judge shall provide written and oral referrals to any person desiring to file a pro se petition under the Protection From Abuse Act, 23 Pa.C.S. § 6101 et seq. to Legal Services, Inc. and Survivors, Inc. at their Adams County Offices, and the Adams County Bar Association referral service. They shall also maintain sample forms and written instructions, in both Spanish and English, and give clerical assistance in completing forms.

 The Prothonotary shall accept petitions without requiring the prepayment of filing fees and transmit copies to the Court Administrator for presentment to a judge for the entry of an order. Upon further request by plaintiff, the Court may direct that the petition be served upon defendant by the Sheriff.

[In the event an emergency petition is to be filed during a business day when the courthouse is open but a Judge is unavailable as contemplated under 23 Pa.C.S.A. Section 6110(a)(1)(iii), such emergency petition shall be filed with the Magisterial District Judge in the district where the petitioner is residing either temporarily or permanently.

Pursuant to the provisions of Section 6110 of the Protection from Abuse Act, 23 Pa.C.S.A. § 6110, and Pennsylvania Magisterial District Judges Rule of Civil Procedure 1203, a petition for emergency relief shall be filed with the Court, on any day that the Court is open for business, but not later than 3:30 p.m., after such time the Court shall be deemed unavailable. At all times that the Court is deemed unavailable, a petition for emergency relief shall be filed with the Magisterial District Judge assigned for such duty pursuant to Rule 112 of the Rules Governing Standards of Conduct of Magisterial District Judges.

 This/These rule(s) 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 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) 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

President Judge

[Pa.B. Doc. No. 11-1174. Filed for public inspection July 15, 2011, 9:00 a.m.]

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