Adams Cnty. C.P. Rules of Judicial Administration 6

and re-filing of requested records.

B. Depending upon the volume of the records requested, the Magisterial District Judge

may require a reasonable deposit before authorizing response to the request.

C. Fees paid for services are non-refundable.

D. Fees may be waived if the Magisterial District Judge determines that the requestor is

indigent.

E. All fees received pursuant to this Rule shall be identified as revenue to the magisterial

district court and shall be remitted monthly to the general fund of the County of Adams.

F. All terms used in this Rule shall have the same meaning as found in the definitional

section of the Public Access Policy of the Unified Judicial System of Pennsylvania at

204 Pa. Code Sec. 213.1.

Documents and Records

Rule 801. Papers Filed.

For purposes of this Rule, papers include pleadings, motions, petitions and orders.

Nothing in this rule shall be construed contrary to any State rule.

A. Size and Color.

Papers filed in the court system of Adams County shall be eight and one-half inches

by eleven inches (8 ~ x 11) in size. Papers shall be on white or off-white stock.

Exhibits to papers may be of a different color if the original does not permit compliance

with this Rule.

B. Characters.

Papers should be written in ink, printed, typewritten, photocopied, mimeographed

or otherwise mechanically reproduced.

C. Caption.

The caption should include the name and division of the Court, identifying case number,

the names of the parties, and the title of the proceeding.

D. Orders.

Papers requiring an order shall have a proposed order attached as the first page and

shall be first filed in either the Office of the Clerk of Courts or the Office of the

Prothonotary. Normally, papers should then be presented to the Court Administrator

for routing. Papers may also be presented to the appropriate judge in chambers, or filed

in open court, if the judge is already presiding over that litigation.

E. Prior Action.

If a paper refers to prior action taken by the Court, the paper shall identify the date the

action was taken and the judge taking such action and shall have attached as an exhibit

a copy of the order directing the action.

F. Backers.

The use of backers, mini-backers, toppers or other cover stock is discouraged. No

substantive content of any pleading or document shall be contained on the backer,

mini-backer, topper or other cover stock. The Clerk of Courts and the Prothonotary shall

not physically retain or preserve any backer, mini-backer, topper or other cover stock, or

retain or preserve any information contained thereon.

G. Social Security Numbers.

No document submitted for filing to the Prothonotary's Office shall disclose the

Social Security number of any person, except as specifically authorized by Rule

promulgated by the Pennsylvania Supreme Court, court order, or as required by State

or Federal law.

Rule 802. Records.

A. Officers.

The Prothonotary, Clerk of Courts, Domestic Relations Section, Recorder of Deeds and

Register of Wills shall be responsible for the safekeeping of records in their respective

offices.

B. Unsupervised Access to Records.

No person other than a judge, attorney admitted to practice in Pennsylvania, or persons

designated by a judge or attorney may have unsupervised access to records. Attorneys

shall designate which employees from their law office may have unsupervised access.

The designation of law office employees must be written and filed in the appropriate

office. All unsupervised access shall be limited to the Court's normal business hours and

confined to the Prothonotary, Clerk of Courts, Domestic Relations Section or

Recorder/Register's Offices where the records are stored. Attorneys and designated

employees must sign an acknowledgement that they understand this Rule and will do

nothing to damage or compromise the integrity of records. If the law office employee's

designation is to be removed due to termination of employment or otherwise the

attorney shall promptly so notify the Officer. The Officer shall periodically request

updated written designations.

C. Removal of Records.

Officers may not authorize temporary removal of records for the purposes of

examination and study by any person other than a judge, judicial staff, masters,

auditors, court-appointed arbitrators or other court appointed persons. Officers shall

require receipts and must be informed precisely where the records may be located. Any

person temporarily removing the records shall authorize the Officer to seize and regain

possession of the records without process or notice, wherever they may be held. On the

day of hearing the master, chairperson of Board of View, or chairperson of Board of

Arbitration may remove the records applicable to the appointed case for use at the

hearing and shall return said records intact to the Officer at the end of said hearing.

Where the records in a case are unusually voluminous the Officer may relax the

restrictions of this Rule so that the original records may be removed from the office for

a longer period of time.

D. Electronic Copies.

Upon appointment by the Court the Officer shall make electronic copies of the pleadings

available to a master, members of Board of View and members of Board of Arbitration.

Rule 803. Correction of Public Records.

Neither the Prothonotary, the Register of Wills, the Clerk of Courts, the Recorder of Deeds,

Domestic Relations Section nor the Sheriff shall erase any matter erroneously entered in any

official or public record, such as an entry book, docket, mortgage or deed, or will book. Any

erroneous entry shall be stricken there from in red ink in such manner as to leave the stricken

matter legible, and the correct entry inserted. Upon the making of any correction the Officer

making the same shall note the date of such making. In the event that any such Officer shall

inadvertently omit to make an entry and subsequently another entry shall be made, the

omitted entry may be placed upon the record but it shall not be inserted between two other

entries unless the Officer shall note on the record that it was so made, together with the date

thereof.

Rule 805. Public Access Policy: Case Records of the Trial Courts.

Pursuant to Section 7.0 of the Public Access Policy of the Unified Judicial System of

Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that

contain confidential information as defined by the Policy shall use and file a Confidential

Information Form (CIF) in order to comply with the Policy. Parties are expressly prohibited from

filing two versions of any document, i.e., a redacted version and an un-redacted version. The

forms shall be available in each filing office as well as on the Public Records page of the UJS

website at http://www.pacourts.us/public-records/public-records-forms.

Judicial Appointments

Rule 1001. Petitions For Board of View.

A. Content of Petition.

1. Petitions filed for the appointment of a Board of View shall cite therein the

statutory authority under which the board is being sought.

2. The petition shall identify persons having an interest in the appointment of

the board, persons who will be legally impacted by the decision of such board,

and any attorney who has a real or potential conflict of interest in the matter.

B. Delivery to the Court. Upon the filing of the petition with the Prothonotary, the

petitioner(s) shall have the petition forwarded to the Court Administrator for

processing.

C. The Board.

1. Boards of View shall generally be composed of three (3) persons, with the

chairperson being an attorney licensed to practice in the Commonwealth of

Pennsylvania whose principal office is located in Adams County.

2. The Court may revoke the appointment of the Board, or any member thereof,

for whatever cause that the Court deems appropriate.

D. Deposit.

1. When the request for a Board of View concerns a private road or other

circumstance where a party is statutorily responsible for such costs the Court

shall, upon appointment of the Board of View, direct the petitioner to deposit a

sum with the Prothonotary to cover the fees and expenses of the Board. That

sum shall be from time to time designated by the President Judge but shall

initially be set at $1,000.00. No further action on the petition shall occur until

the deposit is presented to the Prothonotary. The Prothonotary shall notify the

chairperson of the Board of such receipt.

2. The Court may, at the request of the chairperson, direct that additional sums

be deposited consistent with the services provided or to be provided by the

Board. In such circumstance the proceedings shall be stayed pending receipt of

the additional deposit, unless otherwise directed by the Court.

3. The Prothonotary shall maintain the deposit, pay fees and expenses therefrom

as directed by the Court, and return any remaining balance to the petitioner

within forty {40) days after the date of approval of the Report of the Board by

the Court.

E. Compensation and Expenses.

1. Boards of View shall be compensated at a rate established from time to time

by the Court.

2. A Petition For Compensation and Expenses shall be made by the Board of View

at the time of the filing of its Report. A copy of that petition shall be served upon

all parties of record, or their attorneys.

3. Compensation and expenses shall be approved by the President Judge, or

designee.

F. Report. The Report of a Board of View shall be in writing and submitted to the Court

within sixty {60) days of appointment of the Board. If the report cannot be completed

and submitted within that period of time, the chairperson shall file a preliminary report

with the Court explaining the reason(s) for the delay and setting forth the expected time

needed to complete the report.

Rule 1002. Petition For Appointment of Humane Society Police Officer.

Any person or entity seeking the appointment of a person to act as a humane society police

officer pursuant to the provisions of 22 Pa.C.S.A. Sec. 3701, et. seq., shall file a petition in the

Office of the Clerk of Courts setting forth verification that the proposed officer satisfies the

requirements of the statute. Immediately after filing and docketing of the petition it shall be

forwarded to the President Judge, or designee, for review. The Court will determine the

sufficiency of the averments and whether the petition should be granted without the need for a

hearing.

Rule 1003. Petition For Appointment of School Police Officer.

Any school district seeking to have a person appointed as a school police officer pursuant to

provisions of 24 P. S. Sec. 7-778 shall file a petition in the Office of Prothonotary.

Immediately after filing and docketing of the petition, it shall be forwarded to the President

Judge, or designee, for review. The Court will determine the sufficiency of the averments and

whether the petition should be granted without the need for a hearing.

Rule 1004. Guardian Ad Litem.

Any interested party may move, in the case wherein facts are of record, or may petition, in

cases wherein facts are not of record, for the appointment of a guardian ad litem for any party

in interest, not sui juris, by reason of infancy or otherwise. The fee for the guardian ad litem

shall be set by the judge to whom the case is assigned, and shall be paid in the first instance by

the moving or petitioning party. Thereafter, the judge may make such order as may be

appropriate, including assessing the fees as costs in the case.

Rule 1005. Petition for Appointment to Fill Vacancy in Office of Constable.

A. Any person seeking to be appointed to serve as constable to serve a vacancy in said

office pursuant to 44 Pa. C.S.A. § 7121 shall file petition in the Adams County Clerk

of Courts Office. The petition shall include the following:

1. A statement identifying the borough, city, ward, or township in which a

vacancy exists;

2. The expiration date of the term of office for which the appointment is being

sought;

3. A statement that the petitioner is a resident of the municipality where the

vacancy exists; and

4. A statement that the petitioner has or will satisfy all the statutory

requirements to serve as a constable.

B. The petition shall be signed by ten (10) qualified electors residing in the borough,

city, ward, or township in which the vacancy exists. In addition to original signature,

each qualified elector shall be identified by printed name and address.

C. Upon the filing of a petition in compliance with the requirements of this rule, the

Adams County Clerk of Courts Office shall forward the same to the President Judge,

or designee, within five (5) business days of the filing of the same. The President

Judge, or designee, shall schedule hearing or take other appropriate action as

necessary.

Rule 1010. Payment for Court Appointments.

A. This rule shall be applicable to assignments for which payment for services rendered

are assigned by the Court to the County of Adams or to the parties, according to

local procedure, including but not limited to the following services:

1. Court-appointed Counsel in criminal, civil, juvenile and orphans’ court

matters;

2. Custody Conciliator;

3. Divorce Hearing Officer;

4. Gagnon I Master;

5. Juvenile Hearing Master; and

6. Guardian Ad Litem in dependency, custody and support matters.

B. Compensation for the services noted within this rule shall be established from time-

to-time by Administrative Order.

C. All court-appointed counsel, conciliators, hearing officers, masters and guardians are

encouraged to submit motion for payment of services on a monthly or quarterly

basis.

D. In all instances, court-appointed counsel, conciliators, hearing officers, masters and

guardians shall submit motion for payment in the calendar year the service was

rendered.

1. Motions for payment must be filed by January 7 of a given year for the work

performed in the preceding year.

2. Failure to submit motion for payment by January 7 shall result in forfeiture of

payment for services rendered.

3. Court-appointed counsel, conciliators, hearing officers, masters and guardians

may petition the Court for special consideration if cause is presented as to a

delay in submission of motion for payment.

E. This rule is not applicable when services are governed by separate agreement with

the County of Adams.

Appeals to Court

Rule 1101. Appeals From Government Agencies.

A. Whenever an appeal is filed from the final order of a governmental agency pursuant

to provisions of 42 Pa.C.S.A. Sec. 933, the appeal shall have attached thereto a copy of

said final order.

B. The Prothonotary or Clerk of Courts shall forward the file to the President Judge, or

designee, on the thirty-first (31st) day following the filing of said appeal. The Court will

then schedule a conference, hearing, or argument, or take such other action as may be

deemed necessary or appropriate.

Rule 1102. Land Use Appeals.

Whenever an appeal is filed pursuant to provisions of the Pennsylvania Municipalities Planning

Code, 53 P. S. Sec. 10101, et. seq., the Prothonotary shall forward the file to the President

Judge, or designee, on the thirty-first (31st) day following the filing of said appeal. The Court

shall then schedule a conference or hearing or take such other action as may be deemed

necessary or appropriate.

Rule 1103. License Suspension Appeals.

A. All appeals from governmental action suspending or revoking licenses, rights or

privileges, shall have attached thereto a copy of the suspension or revocation order.

B. Hearings for such appeals shall be held on a regularly scheduled Miscellaneous Court

day.

Rule 1104. Tax Assessment Appeals.

A. Caption.

1. A real estate tax assessment appeal from a decision of the Adams County

Board of Assessment Appeals as to the amount of assessment for real estate tax

purposes or to an exemption of real estate from payment of real estate taxes

shall be captioned "Real Estate Tax Assessment Appeal" and shall be filed in the

Office of the Prothonotary within the time prescribed by statute.

2. The caption shall designate the party taking the appeal as Appellant and the

Adams County Board of Assessment Appeals as Appellee. If the appellant is a

taxing authority it shall join the owner(s) of the real estate involved as of course

as a party in the assessment appeal by designating such named owner(s) in the

caption as Respondent(s).

B. Joinder of Appeals. Joinder of more than one real estate tax parcel in a single appeal

be permitted only where the parcels are situate adjacent to each other, are titled in the

name of the same owner(s), and have been joined for title and taxing purposes in a

single deed.

C. Contents of Appeal. A Real Estate Tax Assessment Appeal shall contain the following:

1. A caption as proscribed above.

2. The name and address of the Appellant(s).

3. The name and address of all titled owners of the real estate.

4. The identity of the municipality and school district wherein the real estate is

located.

5. Reference to the decision of the Adams County Board of Assessment Appeals

from which the appeal is taken. A copy of the Board's notice of decision shall be

attached as an exhibit.

6. A brief averment of the nature of and the reasons for the appeal.