Adams Cnty. C.P. Rules of Judicial Administration 8

R.Civ. P. No. 76.

D. Service. Appellant(s) shall serve copies of the appeal by certified or registered mail or

by personal service upon the Board at its official office and, unless named as the

appellant, the Board of County Commissioners of Adams County, and upon the

respondent owner(s) of the real estate at said owner's last known address. Within ten

(10) days after the filing of the Real Estate Tax Assessment Appeal the Appellant(s) shall

file a proof of such service with the Prothonotary.

Comment: It is suggested, but not required, that the Appellant(s) provide

service of the appeal upon the legislative governing body of the

municipality and the board of school directors of the school district

wherein the real estate is located at their respective official offices, or in

the absence of any official office, at the last known address of the

secretary of said body.

E. Answer. No answer or responsive pleading is required to be made by any person or

entity entitled to service of a copy of the Appeal or any other pleading filed during the

appeal unless otherwise directed by the Court.

F. Amendment. Amendment of any pleading shall be permitted as a matter of right up

to the date of the pre-trial conference but after the pre-trial conference no amendment

shall be permitted except upon approval by the Court.

G. Intervention.

1. The County of Adams or the proper municipality or school district not named

as Appellee may intervene as of course during the pendency of the appeal by

filing a Notice of Intervention with the Prothonotary.

2. The Notice of Intervention shall contain the name of the intervening party

designated as Intervenor in the caption, and shall set forth that such identified

party is intervening.

3. The intervenor shall serve copies of the Notice of Intervention personally or

by ordinary mail upon Appellant(s), Appellee, any Respondent owner and any

other intervening parties of record.

4. Within ten (10} days after the filing of the Notice of Intervention the

intervenor shall file a proof of such service with the Prothonotary.

H. Administrative Processing. The Prothonotary shall forward the file to the President

Judge, or designee, on the thirty (31st) day following the filing of the appeal.

I. Pre-trial Conference.

1. Upon receipt of the file from the Prothonotary the Court shall schedule a

pretrial conference or take such other action as may be deemed necessary or

appropriate.

2. Each party shall file a pre-trial conference memorandum as directed by the

Court.

3. An owner, attorney-at-law, or person with legal fiduciary responsibility, who

has authority to settle the case must appear at the pre-trial conference.

J. Discovery. Pre-trial discovery is permitted as agreed upon by the parties or as directed

by the Court.

K. Settlement. Any proposed settlement presented to the Court for approval shall

indicate whether it is joined in by all owners, the County of Adams, and all relevant

municipal taxing authorities. The settlement shall contain a proposed order directing

that notice of the proposed settlement be given by ordinary mail to all owners or

relevant municipal bodies who have not joined in the proposal giving them thirty {30)

days from the date of mailing to object thereto or the proposed settlement will be

considered approved by the Court.

Rule 1105. Tax Sale Appeals.

All tax sale appeals shall be docketed in a manner which identifies the appeal by the tax sale

number. Once the appeal is filed, a separate file for that appeal shall be maintained by the

Prothonotary.

Comment: Generally, all tax sales for a given year are collectively docketed as

filing year-S-file number. Appeals shall be filed to the same docket number but

shall also note the sale number. An example would be 2012-S-235 (Sale No. 36).

Rule 1106. Truancy Appeals.

All appeals filed by a parent, guardian, or person in parental relation from a summary

conviction under provisions of the School Code, 24 P.S. Sec. 13-1333, for violation of the

compulsory school attendance law shall be filed in the Office of the Clerk of

Courts and shall be heard on a regularly scheduled Criminal Business Court day.

Miscellaneous Petitions

Rule 1201. Petitions For Exemption From Disability to Possess a Firearm.

A. Any person who is prohibited by law from possessing a firearm and who is seeking an

exemption from such disability under provision of the Pennsylvania Uniform Firearms

Act of 1995, 18 Pa. C.S.A. Sec. 6101, et. seq.1 and specifically under Section 6105

thereof, shall file a petition in the Office of the Prothonotary of Adams County.

In addition to any other provision of law, the petition shall include:

1. Averment(s) stating the reason(s) the petitioner is prohibited from possessing

a firearm and shall attach, as an exhibit, any supporting documentation.

2. Averment(s) stating the reason(s) the petitioner believes he/she is entitled to

exemption.

3. The identity of all persons entitled to notice of the proceeding.

4. An averment whether, by law, the hearing is to be open or closed to the

public.

B. Within five (5) days after the filing of the petition, it shall be forwarded to the

President Judge, or designee, for the scheduling of a hearing or such other action as may

be deemed necessary or appropriate.

Rule 1202. Sale of Impounded Unclaimed Vehicles.

A. The Sheriff of Adams County shall, on a periodic basis, conduct sales of impounded

unclaimed vehicles in conformity with the Pennsylvania Vehicle Code, specifically, 75

Pa.C.S.A. Sec. 6310(b). The following process shall be observed for the sale of said

vehicles:

1. The Magisterial District Judge shall issue an order for the sale of the

impounded, unclaimed vehicle and shall provide the Sheriff with a) a copy of

said order, b) the name and address of each known owner, lienholder, and

secured party of the vehicle, c) the appropriate law enforcement officer

involved, d) the identity of any constable or towing agent involved, e) the

location where the vehicle is impounded, f) any unpaid fines and costs owing

to the Magisterial District Court and g) any known costs as described in 75

Pa.C.S.A. Sec. 6309, 6309.1 and 6309.2.

2. Upon receipt of the information provided in paragraph A.1., above, the

Sheriff shall serve notice upon owners, lienholders and secured parties as

required by 75 Pa.C.S.A. Sec. 6310(b). The Sheriff shall also notify the law

enforcement officers, constables, towing agent, and impound official, if any,

of the date and time of sale together with a request for verification of any

unpaid costs incurred by said entity pursuant to statute for the seizure,

towing, impounding or storage of said vehicle.

3. If the identity or address of an owner is unknown or notice has been returned

as undeliverable notice of the sale shall be given by the Sheriff by publication

once in the Adams County Legal Journal and in one local newspaper of general

circulation.

4. On the date established for the sale of such vehicles the Sheriff shall conduct

said sale in accordance with normal personal property sale procedures.

5. Following the sale the proceeds of sale shall first be applied to the costs

incurred by the Sheriff for the sale, secondly, to the payment of all fines and

costs, and thirdly to the payment of encumbrances. The balance, if any, shall

be remitted to the owner.

6. At any time during this process the Sheriff shall have the right to discontinue

the sale if there is reasonable basis to conclude that the cost incurred or to be

incurred by the Sheriff shall exceed the amount reasonably expected to be

offered at sale. In such circumstance the Sheriff shall notify the Magisterial

District Judge in writing of the basis for that conclusion. Thereafter the Sheriff

shall only be required to proceed to sale if the Sheriff's costs are guaranteed in a

manner deemed acceptable by the Sheriff.

Rule 1203. Older Adults Protective Services Act.

A. This Rule addresses procedures to be followed under the Older Adults Protective

Services Act, 35 P.S. §10225. 101, et seq.

B. Emergency Petitions. Whenever a petition for emergency order is filed under Section

307 of the Act, 35 P.S. §10225.307, outside the normal business hours of the Court of

Common Pleas, said petition shall be presented to the on-call Magisterial District Judge.

Any order entered by a Magisterial District Judge shall be considered a temporary order

but shall remain in effect until a preliminary hearing is held pursuant to Paragraph D.

C. The Magisterial District Judge shall contact the Court Administrator as soon as

possible after granting or denying relief. All papers shall be promptly forwarded for filing

to the Prothonotary's Office.

D. If the Magisterial District Judge grants relief, the Court will schedule a preliminary

hearing to be held at 1:00 P.M. on the next Business Court Day following the granting of

relief by the Magisterial District Judge. The Magisterial District Judge granting relief shall

provide notice to all known interested parties in the form set forth in Paragraph E.,

below.

E. At the preliminary hearing, the Court shall determine whether the relief granted

pursuant to the emergency order shall remain in effect or be modified and shall set a

date for a plenary hearing.

F. Form of Notice

Notice

An Emergency Petition under the Older Adults Protective Services Act has been

filed as attached. An emergency order has been granted and will remain in effect until

1:00 P.M. on _____________________, 20__, when it will be considered in a Courtroom

that will be designated on that date in the Adams County Courthouse, Gettysburg,

Pennsylvania. At that time, the emergency order may be continued, modified, or

terminated. If the order is continued or modified, a full hearing on the merits will be

scheduled. You may appear for either hearing. The Court may proceed in absence of any

interested person except the petitioner to take testimony and enter an order

granting relief.

The older adult affected by this proceeding is entitled to be represented by

counsel and is hereby notified that if he/she cannot afford a lawyer to go to or

telephone the office set forth below to apply for court appointed counsel.

Adams County Court Administrator

Adams County Courthouse

111-117 Baltimore Street

Gettysburg, PA 17325

Telephone: (717) 337-9846

_________________________

Magisterial District Judge

Miscellaneous Administrative Provisions

Rule 1901. Termination of Inactive Cases.

A. Magisterial District Court-Traffic

1. In this subsection, the rule shall apply only to those summary traffic violations

or parking violations in which a warrant has been issued pursuant to

Pennsylvania Rule of Criminal Procedure Rule 430(A), Rule 430(B)(1)(a) or Rule

430(B)(2).

2. On or before the 15th day of November of each year, each Magisterial District

Court shall:

i. Dismiss any summary citation or ticket filed under Title 75 (relating to

vehicles) or under local ordinance pertaining to overtime parking which

was issued three years prior to November 15th of each respective year.

ii. Vacate any active warrant in relation to the dismissed summary

citation or ticket and promptly remove the warrant from MDJS, CPCMS or

any other system or list in which the warrant has been issued.

iii. Forward notice to the Pennsylvania Department of Transportation that

the citation or ticket has been dismissed and request withdrawal of the

defendant’s license suspension as needed pursuant to Pennsylvania Rule

of Criminal Procedure Rule 470.

3. Each Magisterial District Court shall promptly provide a list of those cases

being dismissed to Court Administration.

B. Magisterial District Court-Non-Traffic

1. On or before the 15th day of November of each year, each Magisterial District

Court shall:

i. Identify all non-traffic summary cases where no plea has been entered

and where there has been no evidence of activity in the three years prior

to November 15th of each respective year.

ii. Compile a list that will indicate the name of the affiant, the name of

the defendant, the docket number and the charge(s) associated with the

docket number.

iii. Forward this list to Court Administration.

2. Upon receipt of the lists, Court Administration shall:

i. Publish the list in a newspaper of general circulation in Adams County

for all cases in which the affiant is neither filing as a law enforcement

officer nor a tax bureau or taxing authority.

ii. For matters where the affiant is filing as a law enforcement officer,

provide a copy of the list of those cases to the District Attorney.

iii. For matters where the affiant is a tax bureau or taxing authority,

provide a copy of the list of those cases to the tax bureau or taxing

authority.

3. The publication and lists sent to the District Attorney and tax bureau or taxing

authority shall include a disclaimer to indicate that the matters listed shall be

terminated after 30 days of publication or date of lists sent to the District

Attorney and tax bureau or taxing authority unless a party to the proceeding

requests a hearing from the appropriate Magisterial District Court.

i. If the affiant requests a hearing to oppose termination, the matter shall

promptly be scheduled to determine if termination is appropriate.

ii. Disposition of any hearing, including hearings where a citation or ticket

is dismissed over the objection of the affiant, shall be filed of record in

MDJS.

iii. The affiant shall have the right to appeal any determination to the

Court of Common Pleas within the time period for Summary Appeals

pursuant to the Rules of Criminal Procedure.

4. In the event a hearing is not requested within 30 days of publication, the

Magisterial District Court shall:

i. Dismiss the summary citation or ticket filed.

ii. Vacate any active warrant in relation to the dismissed summary

citation or ticket and promptly remove the warrant from MDJS, CPCMS or

any other system or list in which the warrant has been issued.

iii. For any matter involving a license suspension, forward notice to the

Pennsylvania Department of Transportation that the citation or ticket has

been dismissed and request withdrawal of the defendant’s license

suspension pursuant to Pennsylvania Rule of Criminal Procedure Rule

470.

Rule 1910. Photography, Recording, Broadcasting, and Electronic Equipment in Judicial

Facilities.

A. The activation, operation, or use of any device capable of capturing, recording,

transmitting, or broadcasting a photograph, video, motion picture, or audio is

prohibited within a judicial facility and the environs of a judicial facility unless otherwise

permitted by this rule.

B. Definitions.

Activate, Operate, or Use – The terms activate, operate, or use include but are

not limited to any electronic device which is being powered or is in the “on”

position regardless of whether the device is in silent mode or otherwise disabled

unless the device is completely turned off.

Environs – The environs of a judicial facility include the entire floor on which is

located a courtroom, hearing room, jury room, prisoner holding room, Security

Department station, or any court filing office including the Prothonotary’s Office,

the Clerk of Courts Office, the Domestic Relations Office, and the Department of

Probation Services Office. The term also includes any elevator and/or stairwell

accessing a judicial facility.

Judicial Facilities – The term includes any courtroom, hearing room, or judicial

chambers used by the Court, including Magisterial District Courts, to conduct

trials, hearings, or any other court related business including rooms made

available to interview witnesses including the environs of such a room.

Recording, Broadcasting, or Electronic Equipment – The terms recording,

broadcasting, or electronic equipment include but are not limited to cell phones,

laptops, electronic tablets, cameras, tape recorders, video recorders, and

electronic devices of any type capable of photographing, recording,

broadcasting, or digitally preserving information.

C. Exceptions. The prohibitions set forth in this rule shall not apply to the following:

1. Attorney Exception – Licensed attorneys conducting business related to the

representation of a client provided the device is in the “silent” or “vibrate only”

mode when the attorney is in a courtroom or hearing room unless the device is

being actively utilized in a proceeding which the attorney is appearing. The

exceptions set forth in this section do not authorize the use or operation of an

electronic device to capture, record, transmit, or broadcast a photograph, video,

motion picture, or audio of a proceeding or person within a judicial facility or its

environs.

2. Court Administration Exception – The use of advanced communication

technology by Court Administration, an official court reporter, or designee for

purposes of recording/transcribing the official court record or conducting

proceedings with offsite counsel, parties, or witnesses in furtherance of

directives from the presiding Judge.

3. Emergency Responder Exception – Emergency medical, fire, law enforcement,

or other personnel responding to an emergency call within a judicial facility.

4. Employee/Independent Contractor Exception – Employees or independent

contractors of the Adams County Court of Common Pleas or Adams County who

clearly display an identification badge issued by the County of Adams or is

otherwise pre-approved by the Security Director while the employee is acting as

an employee/contractor on court/county business provided the device shall

have the power switch “off” when the employee enters a courtroom or hearing

room unless the courtroom is closed for repairs.

5. Evidence/Equipment Exception – Devices used for the purpose of presenting

evidence, or a device which is actual evidence, in any court proceeding actually

being conducted at the time of use of the device with the permission of the

presiding Judge.

6. Law Enforcement Exception – Law enforcement officers providing proper

identification and are on business related to a matter pending before the court

and/or meeting with the Office of District Attorney provided the device shall

have the power switch “off” while the law enforcement officer is in a courtroom

or hearing room. This rule is also inapplicable to County Security Officers acting

within the scope of their authority.

7. Magisterial District Court Exception – In a criminal judicial proceeding before a

Magisterial District Judge, the Magisterial District Judge, upon request, shall

permit the attorney for the Commonwealth, the affiant, or the defendant to

record oral communications made during a judicial proceeding as an aid to the

preparation of the written record for subsequent use in a case. Such recording

shall not be publicly played or disseminated in any manner unless in a

subsequent court proceeding for the litigation in which the recording was made.

This exception is limited to the recordation of oral testimony and does not

accept or permit the use or operation of an electronic device to capture, record,

transmit, or broadcast a photograph, video, motion picture, or audio of a

proceeding.

8. Office Exception – The provisions of this rule may be waived by an elected

official or department director within the confines of their office space provided

the device shall have the power switch “off” when leaving the office and

reentering other environs of the judicial facility.