THE COURTS

Title 255—LOCAL COURT RULES

FRANKLIN AND FULTON COUNTIES

Adoption of 39th Jud.Dis. Rules Jud.Adm. 1901 and 1901.1 and Rescission of Other Rules; Administrative Order re: 2024-634

[54 Pa.B. 1307]
[Saturday, March 16, 2024]

Order

 And Now, this 26th day of February, 2024, pursuant to Pennsylvania Rule of Judicial Administration 103(c), the 39th Judicial District hereby adopts 39th Jud.Dis. Rules Jud.Adm. 1901 and 1901.1, for both Franklin and Fulton Counties, effective thirty (30) days after the publication of same in the Pennsylvania Bulletin. Additionally, the Court rescinds the previously adopted local rules within the 39th Judicial District: 39-1901 and 39-1901.1.

 Accordingly, Mr. Mark Singer, District Court Administrator for the 39th Judicial District, is ordered and directed to do the following:

 1. Email one (1) copy of this Order and the following rules to the Administrative Office of Pennsylvania Courts (AOPC) at adminrules@pacourts.us.

 2. Mail one (1) paper copy of this Order and the following rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin to the following address: Pa. Code and Bulletin, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg PA 17120.

 3. Email one (1) copy of this Order and the following rules in Microsoft Word format only to the Legislative Bureau at bulletin@palrb.us for publication in The Pennsylvania Bulletin.

 4. File one (1) copy of this Order and the following rules with the Prothonotary in Franklin County and the Prothonotary in Fulton County, and mail one (1) copy to the Franklin County Law Library for public inspection and copying.

 5. Publish a copy of this Order and the following rules on the Franklin County Court website and the Fulton County Court website.

 6. Incorporate and publish the following rules into the 39th Judicial District's set of local rules on the Franklin County Court website and the Fulton County Court website not later than 30 days after the Rules have been published in the Pennsylvania Bulletin.

By the Court

SHAWN D. MEYERS, 
President Judge

39th Jud.Dist.R.Jud.Adm. 1901. Termination of Inactive Cases.

 (a) List of Cases for Termination. Not less than once per year, the Prothonotary shall prepare a list of cases where there has been no activity of record for two years or more prior thereto, except those actions governed by Pa.R.C.P. 1915.4(b). The list shall be generated sufficiently in advance of the proposed termination date to provide the parties with at least thirty (30) days' written notice of the proposed termination.

 (b) Issuance and Service of Notice of Proposed Termination of Court Case. For each case on the list, the Court shall issue a written Notice of Proposed Termination of Court Case to counsel of record and to self-represented parties for whom no appearance of counsel has been entered. The Notice of Proposed Termination of Court Case shall be served pursuant to Pa.R.C.P. 230.2(b)(2).

 (c) Content of Notice of Proposed Termination of Court Case. The Notice of Proposed Termination of Court Case shall be on a form developed by the Court consistent with Pa.R.J.A. 1901(c)(3). The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination consistent with Pa.R.J.A. 1901(c)(1). The Notice shall be in the form following the conclusion of this Rule.

 (d) Form of Written Statement of Intention to Proceed. The written Statement of Intention to Proceed shall be filed with the Prothonotary on or before the termination deadline stated on the Notice of Proposed Termination of Court Case. The Written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule.

 (e) Orders for Termination and Removal from the Civil Docket. If a written Statement of Intention to Proceed is not docketed before the termination deadline set forth within the written Notice of Proposed Termination of Court Case, the Prothonotary shall enter an order dismissing the matter for failure to prosecute consistent with the provisions of this Rule and Pa.R.C.P. 230.2(c). However, any matter terminated may be reinstated by the Court after dismissal upon written petition pursuant to Pa.R.C.P. 230.2(d). The Prothonotary's termination order shall be in form following the conclusion of this Rule.

 (f) Mandatory Status Conference. Upon receipt of a party's written Statement of Intention to Proceed pursuant to subdivision (d), the Court shall enter an Order scheduling a status conference to establish timelines to ensure efficient disposition of the case, consistent with Pa.R.C.P. 230.2(h).

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FRANKLIN COUNTY

(Caption)

NOTICE OF PROPOSED TERMINATION OF COURT CASE

 The above captioned case is described as _________________ .

 The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.

 You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Franklin County Prothonotary at 14 N. Main St., Chambersburg, PA 17201, on or before _________________ (Date of Proposed Termination).

IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE.

	BY THE COURT:
_________________	_________________
Date of this Notice	President Judge

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FULTON COUNTY

(Caption)

NOTICE OF PROPOSED TERMINATION OF COURT CASE

 The above captioned case is described as _________________ .

 The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.

 You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Fulton County Prothonotary at 201 North Second Street, McConnellsburg, PA 17233, on or before _________________ (Date of Proposed Termination).

IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE.

	BY THE COURT:
_________________	_________________
Date of this Notice	President Judge

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FRANKLIN COUNTY

(Caption)

Statement of Intention to Proceed

To the Court:

Franklin County Prothonotary
14 N. Main St.
Chambersburg, PA 17201

___________________________ intends to proceed with the above captioned matter.

Date: _________________	_________________
	Party Signature or Attorney for _________________

Distribution:
Opposing Counsel/Party

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FULTON COUNTY

(Caption)

Statement of Intention to Proceed

To the Court:

Fulton County Prothonotary
201 North Second Street
McConnellsburg, PA 17233

___________________________ intends to proceed with the above captioned matter.

Date: _________________	_________________
	Party Signature or Attorney for _________________

Distribution:
Opposing Counsel/Party

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FRANKLIN COUNTY

(Caption)

ORDER

 AND NOW THIS ____ day of ______ , 20 __ , upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Court received no Statement of Intention to Proceed. Accordingly,

 IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa.R.C.P. 230.2(c).

 Pursuant to Pa.R.C.P. 236, the Prothonotary shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof.

PER THE PROTHONOTARY:
__________
Franklin County Prothonotary
14 N. Main St.
Chambersburg, PA 17201

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA—
FULTON COUNTY

(Caption)

ORDER

 AND NOW THIS ____ day of ______ , 20 __ , upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Court received no Statement of Intention to Proceed. Accordingly,

 IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa.R.C.P. 230.2(c).

 Pursuant to Pa.R.C.P. 236, the Prothonotary shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof.

PER THE PROTHONOTARY:
__________
Fulton County Prothonotary
201 North Second Street
McConnellsburg, PA 17233

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

39th Jud.Dist.R.Jud.Adm. 1901.1. Termination of Inactive Cases before the Magisterial District Courts.

 (a) Cases for Termination. At least once a year, the district court shall initiate proceedings to terminate cases in which there has been no activity of record for two years or more and shall report such information to the District Court Administrator or their designee.

 (b) Issuance and Content of Notice of Proposed Termination of Court Case. For each case identified pursuant to subdivision (a), the district court shall serve a Notice of Proposed Termination of Court Case on all counsel of record, and on the parties, if not represented, at least 30 days prior to the date of the proposed termination. The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination. The written Notice of Proposed Termination of Court Case shall be in the form following the conclusion of this Rule.

 (c) Service of Proposed Termination of Court Case. The Notice of Proposed Termination of Court Case shall be served on all counsel of record and on the parties, if not represented, consistent with Pa.R.C.P. 230.2(b)(2).

 (d) Orders for Termination. If no Statement of Intention to Proceed has been received by the district court on or before the date of the proposed termination, the magisterial district judge shall enter an order as of course terminating the matter for failure to prosecute. The order shall be in the form following the conclusion of this Rule.

 (e) Form of the Written Statement of Intention to Proceed. The written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule.

(Caption)

NOTICE OF PROPOSED TERMINATION OF COURT CASE

 The above captioned case is described as _________________ .

 The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.

 You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed in the form prescribed by 39th Jud.Dist.R.Jud.Adm. 1901.1(e). The Statement of Intention to Proceed should be filed with the Magisterial District Court Office, on or before _________________ (Date of Proposed Termination).

IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE.

	BY THE COURT:
_________________	_________________
Date of this Notice	Magisterial District Judge Address

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

(Caption)

ORDER

 AND NOW THIS ____ day of ______ , 20 ______ , upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Magisterial District Court received no Statement of Intention to Proceed. Accordingly,

 IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa.R.C.P. 230.2(c).

 Pursuant to Pa.R.Civ.P.M.D.J. 207.1(C), the Magisterial District Court shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof.

BY THE COURT,
__________
Magisterial District Judge
Address

Distribution:
Plaintiff's Counsel/Party
Defense/Opposing Counsel/Party

(Caption)

Statement of Intention to Proceed

To the Court:

Magisterial District Court Office
Address

_________________ (print name of party) intends to proceed with the above captioned matter.

Date: _________________	_________________
	Party Signature or Attorney for _________________

Distribution:
Opposing Counsel/Party

[Pa.B. Doc. No. 24-331. Filed for public inspection March 15, 2024, 9:00 a.m.]

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