PA · rules
Delaware Cnty. C.P. CommonPleasAdminOrders_AOD THIS 18
DAY OF July A.D 2019ANGELA L. MARTINEZ, ESQ., DIRECTOR
OFFICE DI JUDICIAL SUPPORT
Delia Sama
06-24-2019 12:36 PM
OFFICE OF JUDICIAL SUPPORT
DELAWARE COUNTY,PA
Delaware County Orphans' Court Rules
PREFACE
In an effort to assist in the timely and efficient adjudication of matters before the Orphans'
Court of Delaware County, suggested forms including but not limited to sample decrees and
sample petitions are available on the Delaware County Orphans' Court website by clicking the
link for suggested forms. Please note that these forms are not mandatory but simply contain
language that is consistent with the law outlined in these rules and are meant to assist those
pursuing a matter before the Orphans' Court of Delaware County. It is also important to remember
to regularly visit the Delaware County Orphans' Court website and review the forms as they are
subject to change.
Del.Co.O.C. Rule 14.2A. Prior Incapacity Hearings.
If the petition for adjudication of incapacity and appointment of a guardian includes an
averment that there was a prior incapacity hearing concerning the alleged incapacitated person
pursuant to Pa.O.C. Rule 14.2(a)(12), the petitioner shall include a copy of the decree and/or order
that was entered as a result of the prior hearing.
Del.Co.O.C. Rule 14.2B. Veteran Benefits.
In addition to the requirements of Pa.O.C. Rule 14.2(a)(15) and, pursuant to 20 Pa.C.S.
§8411, the petition shall state whether the alleged incapacitated person is receiving benefits from
the Department of Veterans Affairs, or its successor, due to his or her status as an incapacitated
adult dependent of a veteran.
Del.Co.O.C. Rule 14.3A. Use of Expert Report.
1.When the issue of capacity is known to be contested, testimony in person or by
deposition is required. An expert report for the determination of capacity in lieu of
testimony, in person or by deposition, as described in Pa.O.C. Rule 14.3, may not be
used in this situation.
2.In an emergency guardianship proceeding, when the petitioner does not know whether
the issue of capacity is contested, permission to use an expert report as described in
Pa.O.C. Rule 14.3, may be requested in the petition for emergency guardianship.
Committee Note: The term "deposition" as used in
Del.Co.O.C. Rule 14.3A is the taking of sworn, out-of-court oral testimony of a witness that may be
reduced to a written transcript for later use in court,
made upon notice to the adverse party for the purpose
of enabling the adverse party to attend and cross-examine.
Del.Co.O.C. Rule 14.3B. Certificate of Service.
Petitioner shall file the certificate of service required by Pa.O.C. Rule 14.3(b)(3) no later
than five (5) days prior to the hearing on the petition for adjudication of incapacity and appointment
of guardian. This may be incorporated into the Certification provided to the court no later than
seven (7) days prior to the hearing, as described in Del.Co.O.C. Rule 14.4A.
Del.Co.O.C. Rule 14.4A. Certification.
Counsel for petitioner shall file with the Clerk of the Orphans' Court at least seven (7) days
prior to the hearing a Certification that provides the following information to the best of counsel's
knowledge, information and belief:
1.Whether counsel has or has not been retained by or on behalf of the alleged
incapacitated person;
2.Whether the alleged incapacitated person has requested counsel;
3.Whether a guardian ad litem, attorney ad litem, or additional evaluation has been
requested;
4.Whether the incapacity of the alleged incapacitated person is or is not contested;
5.Whether petitioner intends to establish incapacity by way of:
Expert Report,
Deposition, and/or
C. Live testimony in court;
a.Expert Report,
b.Deposition, and/or
c.
C. Live testimony in court;
6.Whether the choice of guardian as proposed by the petitioner is contested; and
7.Whether the alleged incapacitated person will or will not be present at the hearing
pursuant to 20 Pa.C.S. §5511(a) 1 and 2.
Del.Co.O.C. Rule 14.4B. Guardian Ad Litem.
The petitioner or any interested party entitled to notice of the petition for adjudication of
incapacity and appointment of a guardian may notify the Court in writing at any time prior to the
hearing, or on the record at the hearing on said petition, of their belief that a guardian ad litem is
necessary to adequately represent the alleged incapacitated person's interest.
Del.Co.O.C. Rule 14.7A. Proof of Service.
The order adjudicating incapacity shall be served, including reading and explaining the
contents, upon the incapacitated person, with proof of service filed with the court within ten (10)
days after the hearing in the matter.
Del.Co.O.C. Rule 14.8A. Testamentary Writings.
All testamentary writings of the incapacitated person located by the guardian shall, at the
time of the filing of the Inventory or within 10 days of locating the testamentary writings,
whichever is later, be submitted by the guardian to the court for its inspection.
Del.Co.O.C. Rule 14.8B. Allowances from an Incapacitated Person's Estate.
1.Petition. A petition for allowance from an incapacitated person's estate shall set forth:
The name of the guardian and the date of the guardian's appointment; if the
petitioner is not the guardian, the petitioner's relationship to the incapacitated
person and, if not related, the nature of the petitioner's interest;
A summary of the assets comprising the estate of the incapacitated person;
The income of the incapacitated person;
The address and facility, if any, of the incapacitated person;
V. The names and addresses of the incapacitated person's dependents, if any, and all
other interested parties;
A statement of all the claims of the incapacitated person's creditors known to
petitioner; and
A statement of the requested distribution, the reasons therefor, a statement of all
previous distributions allowed by the court and an explanation of the
reasonableness of the amount of the current distribution in relation to the present
value of the estate, the income of the incapacitated person, and the incapacitated
person's future needs, taking into account age, health and any other relevant factors.
i.The name of the guardian and the date of the guardian's appointment; if the
petitioner is not the guardian, the petitioner's relationship to the incapacitated
person and, if not related, the nature of the petitioner's interest;
ii.A summary of the assets comprising the estate of the incapacitated person;
iii.The income of the incapacitated person;
iv.The address and facility, if any, of the incapacitated person;
v.
V. The names and addresses of the incapacitated person's dependents, if any, and all
other interested parties;
vi.A statement of all the claims of the incapacitated person's creditors known to
petitioner; and
vii.A statement of the requested distribution, the reasons therefor, a statement of all
previous distributions allowed by the court and an explanation of the
reasonableness of the amount of the current distribution in relation to the present
value of the estate, the income of the incapacitated person, and the incapacitated
person's future needs, taking into account age, health and any other relevant factors.
2.Notice to Veterans Affairs. If any portion of the incapacitated person's estate is received
from the United States Department of Veterans Affairs or its successor, notice of the
request for allowance shall be given to this agency, in accordance with 20 Pa.C.S. §8411.
Del.Co.O.C. Rule 14.8C. Notification of Mental Health Commitment Form.
Within seven (7) days of adjudication of incapacity, petitioner or counsel therefor shall
submit to the Orphans' Court the completed mandatory state form required to be filed under the
Pennsylvania Uniform Firearms Act (18 Pa.C.S. § 6105 (c)(4)) and the Pennsylvania Mental
Health Procedures Act (50 P.S. § 7109(d)).
Committee Note: See Del.Co.O.C. Rules 5.10A,
5.10B, 5.10C, 5.10D, 5.11A, 5.11B, 5.11C, and
5.12A.
Del.Co.O.C. Rule 14.13A. Proposed Decree.
If the petitioner requesting acceptance of a guardianship from another state reasonably
believes that the order entered in the transferring state does not conform to Pennsylvania law, the
petitioner may submit a Proposed Decree modifying the transferring state's guardianship order SO
that it conforms with Pennsylvania law.
Del.Co.O.C. Rule 14.13B. Denial of Transfer.
If a petition to transfer a guardianship from another state is denied, a petitioner may still
seek appointment as guardian under the general provisions of 20 Pa.C.S. § 5501, et seq.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
RE: DELAWARE COUNTY LOCAL; ORPHANS' COURT NO. 497-19
ORPHANS' COURT RULES NOS. : JUDICIAL SUPPORT CIVIL NO. 17-5120
2.5A (Related to Cemetery Companies):
and 5.16A (Settlement of Small Estates): :
ADMINISTRATIVE ORDER
AND NOW, this 21st day of June, 2019, it is hereby ORDERED and DECREED that
Delaware County Orphans' Court Local Rules Nos. 2.5A (related to cemetery companies) and
5.16A (settlement of small estates) having been reviewed and allowed by the Supreme Court of
Pennsylvania's Orphans' Court Procedural Rules Committee are ADOPTED.
These local Orphans' Court Rules (Nos. 2.5A and 5.16A) SHALL be effective thirty (30)
days subsequent to publication in the Pennsylvania Bulletin.
Kg
KEVIN F. KELLY
President Judge
FILED
06-24-2019 12:39 PM
OFFICE OF JUDICIAL SUPPORT
DELAWARE COUNTY, PA
Delaware County Orphans' Court Rules
PREFACE
In an effort to assist in the timely and efficient adjudication of matters before the
Orphans' Court of Delaware County, suggested forms including but not limited to sample
decrees and sample petitions are available on the Delaware County Orphans' Court website by
clicking the link for suggested forms. Please note that these forms are not mandatory but simply
contain language that is consistent with the law outlined in these rules and are meant to assist
those pursuing a matter before the Orphans' Court of Delaware County. It is also important to
remember to regularly visit the Delaware County Orphans' Court website and review the forms
as they are subject to change.
Del.Co.O.C. Rule 2.5A. Cemetery Companies.
When an institutional trustee or cemetery company as trustee files an Account in the form
prescribed by Rule 2.1, or verified financial statements for the three most recent fiscal years in
lieu of an Account, pursuant to 9 Pa.C.S.A. 308(a) and (b), with the Clerk of the Orphans'
Court of Delaware County, Pennsylvania, notice shall be provided to the following:
1.The State Real Estate Commission,
2.The municipality(ies) in which the cemetery is located, and
3.The Solicitor for the County of Delaware.
Committee Comment: This Rule is substantially
similar to former Orphans' Court Rule 12.15, a
counterpart for which was not in the new
Pennsylvania Orphans' Court Rules which became
effective September 1, 2016.
Del.Co.O.C. Rule 5.16A. Settlement of Small Estates Under 20 Pa.C.S. §3102 or §3531.
1.Contents of Petition for Settlement of Small Estate Under 20 Pa.C.S. §3102. A Petition
for the settlement of a small estate pursuant to 20 Pa.C.S. $3102 (not exceeding the value
limit as calculated in accordance with the requirements set forth in 20 Pa.C.S. 3102)
shall state all of the following:
the name and address of the petitioner, the petitioner's relationship to the
decedent, and the petitioner's interest in the estate;
the name, date of death, and domicile of the decedent;
C. whether the decedent died testate or intestate (i.e., with or without a Will); and, if
there was a Will, whether or not it was offered to the Register of Wills for probate
and whether or not the Register of Wills issued Letters Testamentary or Letters of
Administration, and to whom and when; and whether a bond was required and
obtained and in what amount;
a.the name and address of the petitioner, the petitioner's relationship to the
decedent, and the petitioner's interest in the estate;
b.the name, date of death, and domicile of the decedent;
c.
C. whether the decedent died testate or intestate (i.e., with or without a Will); and, if
there was a Will, whether or not it was offered to the Register of Wills for probate
and whether or not the Register of Wills issued Letters Testamentary or Letters of
Administration, and to whom and when; and whether a bond was required and
obtained and in what amount;
d.if the petitioner is the surviving spouse, the date and place of the marriage (and, in
the case of a valid common law marriage, all facts necessary to establish the
validity of such a marriage);
the names, addresses and relationships of all beneficiaries entitled to any part of
the decedent's estate, under the Will or under the intestate law; a brief description
of their respective interests; whether any of them has received or retained property
of the decedent pursuant to 20 Pa.C.S. §3101, or otherwise; and whether any of
them is a minor, or an adjudicated incapacitated person, or deceased, and if so, the
names and addresses of their guardians or personal representatives or other
fiduciaries;
the person(s) entitled to the Family Exemption and, if a claim for the Family
Exemption is made in the Petition, any additional facts necessary to establish the
right to the Family Exemption as required by Pa.O.C. Rule 5.2 and Del.Co.O.C.
Rules 5.2A through 5.2F;
an itemized list of all the decedent's assets including but not limited to real estate,
with values assigned to each item, either incorporated in the petition or attached
as an exhibit;
an itemized list, either incorporated in the petition or attached as an exhibit,
setting forth under separate headings:
all payments from decedent's assets prior to the filing of the petition,
including the amounts and dates paid, the names of the payees, and a
description of the purposes of the payments; and
all unpaid claims against the decedent's estate, including the amount of
each claim, the name of each claimant, the basis for each claim, and
indicating which claims are admitted; and
in the case of an insolvent estate, a list of all payments and unpaid claims
in accordance with the priority of payment set forth in 20 Pa.C.S. 33392
providing for the classification and order of payment in an insolvent
estate.
an averment as to the status of the Pennsylvania Inheritance Tax Return and the
payment of tax, with proof thereof (such as the official Notice of Appraisement or
the official Inheritance Tax receipt) attached as an exhibit;
an averment that written notice of the filing of the petition, in accordance with
Pa.O.C. Rule 3.5, has been or will be given to every unpaid beneficiary, heir,
claimant, and known creditor who has not joined in or consented to the petition,
and, if the decedent's heirs are unknown, to the appropriate Commonwealth
department; and
a request for distribution of the personal property to those entitled.
e.the names, addresses and relationships of all beneficiaries entitled to any part of
the decedent's estate, under the Will or under the intestate law; a brief description
of their respective interests; whether any of them has received or retained property
of the decedent pursuant to 20 Pa.C.S. §3101, or otherwise; and whether any of
them is a minor, or an adjudicated incapacitated person, or deceased, and if so, the
names and addresses of their guardians or personal representatives or other
fiduciaries;
f.the person(s) entitled to the Family Exemption and, if a claim for the Family
Exemption is made in the Petition, any additional facts necessary to establish the
right to the Family Exemption as required by Pa.O.C. Rule 5.2 and Del.Co.O.C.
Rules 5.2A through 5.2F;
g.an itemized list of all the decedent's assets including but not limited to real estate,
with values assigned to each item, either incorporated in the petition or attached
as an exhibit;
h.an itemized list, either incorporated in the petition or attached as an exhibit,
setting forth under separate headings:
all payments from decedent's assets prior to the filing of the petition,
including the amounts and dates paid, the names of the payees, and a
description of the purposes of the payments; and
all unpaid claims against the decedent's estate, including the amount of
each claim, the name of each claimant, the basis for each claim, and
indicating which claims are admitted; and
in the case of an insolvent estate, a list of all payments and unpaid claims
in accordance with the priority of payment set forth in 20 Pa.C.S. 33392
providing for the classification and order of payment in an insolvent
estate.
i.all payments from decedent's assets prior to the filing of the petition,
including the amounts and dates paid, the names of the payees, and a
description of the purposes of the payments; and
ii.all unpaid claims against the decedent's estate, including the amount of
each claim, the name of each claimant, the basis for each claim, and
indicating which claims are admitted; and
iii.in the case of an insolvent estate, a list of all payments and unpaid claims
in accordance with the priority of payment set forth in 20 Pa.C.S. 33392
providing for the classification and order of payment in an insolvent
estate.
i.an averment as to the status of the Pennsylvania Inheritance Tax Return and the
payment of tax, with proof thereof (such as the official Notice of Appraisement or
the official Inheritance Tax receipt) attached as an exhibit;
j.an averment that written notice of the filing of the petition, in accordance with
Pa.O.C. Rule 3.5, has been or will be given to every unpaid beneficiary, heir,
claimant, and known creditor who has not joined in or consented to the petition,
and, if the decedent's heirs are unknown, to the appropriate Commonwealth
department; and
k.a request for distribution of the personal property to those entitled.
2.Exhibits. The following exhibits shall be attached to the Petition:
true and correct copies of the decedent's Will and any codicils, if probated, any
Letters issued by the Register of Wills, and any bond obtained; or, if the Will was
not probated, the Petitioner shall lodge the original Will and codicils (if any) with
the Register of Wills and obtain a receipt therefor, and copies of the Will and any
codicils and the Register of Wills receipt shall be attached as exhibits to the
Petition;
a.true and correct copies of the decedent's Will and any codicils, if probated, any
Letters issued by the Register of Wills, and any bond obtained; or, if the Will was
not probated, the Petitioner shall lodge the original Will and codicils (if any) with
the Register of Wills and obtain a receipt therefor, and copies of the Will and any
codicils and the Register of Wills receipt shall be attached as exhibits to the
Petition;
b.any proof of payment of Pennsylvania Inheritance Tax or the filing of a Return;
joinders or consents of unpaid beneficiaries, heirs, claimants and creditors;
proof of notice, in accordance with Pa.O.C. Rule 3.5(b), to unpaid beneficiaries,
heirs, claimants and creditors who have not consented or joined in the Petition;
a legible copy of the Decedent's death certificate clearing showing that Decedent
was a resident of Delaware County at the time of death.
c.joinders or consents of unpaid beneficiaries, heirs, claimants and creditors;
d.proof of notice, in accordance with Pa.O.C. Rule 3.5(b), to unpaid beneficiaries,
heirs, claimants and creditors who have not consented or joined in the Petition;
e.a legible copy of the Decedent's death certificate clearing showing that Decedent
was a resident of Delaware County at the time of death.
3.Proposed Decree of Distribution of Small Estate Pursuant to 20 Pa.C.S. §3102. A
proposed Decree, entitled DECREE OF DISTRIBUTION OF SMALL ESTATE
PURSUANT TO Pa.C.S. $3102, shall be attached to the front of the Petition. The Decree
shall set forth specifically each proposed award, payment and distribution of the personal
assets of the Decedent to each proposed distributee, including the Family Exemption if
applicable, and shall provide that any funds payable to a minor shall be deposited into a
custodial or minor's bank account and held until the minor reaches the age of majority, at
which time all funds on account shall be paid to him or her.
4.Appraisements. No appraisement shall be required unless ordered by the Court.
5.Additional Requirements for Petition for Distribution of Estate Under 20 Pa.C.S. §3531.
In addition to the contents required by this Rule for a Petition for Settlement of Small
Estate Under Pa.C.S. $3102, as set forth above, a Petition for Distribution of a small
estate containing real estate after the expiration of one year from the date of first
complete advertisement of the grant of letters, pursuant to 20 Pa.C.S. §3531, shall state:
the name and address of the personal representative, the date of the grant of
letters, and the dates and places of advertisement of the grant of letters;
a request for approval of any distribution theretofore made and for an order
distributing the assets not theretofore distributed;
a description of any real estate owned by the decedent and an opinion or evidence
as to its value; and
a request, if appropriate, for an order discharging the personal representative and
the personal representative's sureties from future liability; or a request for an
order discharging only the surety from future liability and allowing the personal
representative to continue without surety upon condition that no further assets
shall come into the possession of the personal representative until the personal
representative files another bond, with sufficient surety, as required by the
Register of Wills.
a.the name and address of the personal representative, the date of the grant of
letters, and the dates and places of advertisement of the grant of letters;
b.a request for approval of any distribution theretofore made and for an order
distributing the assets not theretofore distributed;
c.a description of any real estate owned by the decedent and an opinion or evidence
as to its value; and
d.a request, if appropriate, for an order discharging the personal representative and
the personal representative's sureties from future liability; or a request for an
order discharging only the surety from future liability and allowing the personal
representative to continue without surety upon condition that no further assets
shall come into the possession of the personal representative until the personal
representative files another bond, with sufficient surety, as required by the
Register of Wills.
6.Additional Exhibits for Petition for Distribution of Estate Under 20 Pa.C.S. §3531. In
addition to the exhibits required by this Rule for a Petition for Settlement of Small Estate
Under Pa.C.S. §3102, as set forth above, a Petition for Distribution of a small estate
containing real estate after the expiration of one year from the date of first complete
advertisement of the grant of letters, pursuant to 20 Pa.C.S. 3531 shall have attached
thereto the following additional exhibits:
Proofs of the advertisements of the grant of letters;
A copy of the last known Deed for any real estate owned by the decedent, and any
opinion or evidence of the value thereof;
a.Proofs of the advertisements of the grant of letters;
b.A copy of the last known Deed for any real estate owned by the decedent, and any
opinion or evidence of the value thereof;
c.Account showing the administration of the estate, the distribution theretofore
made, and the proposed distribution of the estate not theretofore distributed; and
Proof of notice to all known parties in interest of the filing of the Petition and any
hearing date.
d.Proof of notice to all known parties in interest of the filing of the Petition and any
hearing date.
7.Proposed Decree of Distribution of Small Estate Pursuant to 20 Pa.C.S. §3531. A
proposed Decree, entitled DECREE OF DISTRIBUTION OF SMALL ESTATE
PURSUANT TO Pa.C.S. §3531, shall be attached to the front of the Petition. The Decree
shall set forth specifically each proposed award, payment and distribution of the real and
personal assets of the Decedent to each proposed distributee, including the Family
Exemption if applicable, and shall provide that any funds payable to a minor shall be
deposited into a custodial or minor's bank account and held until the minor reaches the
age of majority, at which time all funds on account shall be paid to him or her.
Committee Comment: A sample Petition for
Settlement of a Small Estate, a sample Decree, a
copy of this local rule, a copy of 20 Pa.C.S. $3101
and a copy of 20 Pa.C.S. $3102 will be available in
the office of the Clerk of Orphans' Court. The
sample Petition and sample Decree will also be
available on the Delaware County Orphans' Court
website at:
http://www.co.delaware.pa.us/registerofwills/orpha
ncourtforms.html
Lbl
Committee Comment: A sample Petition for
Settlement of a Small Estate, a sample Decree, a
copy of this local rule, a copy of 20 Pa.C.S. $3101
and a copy of 20 Pa.C.S. $3102 will be available in
the office of the Clerk of Orphans' Court. The
sample Petition and sample Decree will also be
available on the Delaware County Orphans' Court
website at:
http://www.co.delaware.pa.us/registerofwills/orpha
ncourtforms.html
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
IN RE: Reasonable Accommodations for No. 17-5120:
Public Under Title II of the
Americans with Disability Act in
Accordance with Pennsylvania Rule
of Judicial Administration (Pa.R.J.A.)
:
:
:
:
No. 252:
PRESIDENT JUDGE ADMINISTRATIVE ORDER
AND NOW, this 11th day of June, 2019, upon consideration of the Reasonable
Accommodations provisions set forth by Pa.R.J.A. No. 252 and relatedly, Title II of the
Americans with Disabilities Act (ADA), it is hereby ORDERED and DECREED that NICOLE
M. BRUNGARD, ESQUIRE of the Court Administrator's Office is APPOINTED the 32ⁿᵈ
Judicial District's (Delaware County, Pennsylvania) ADA Coordinator,¹ EFFECTIVE
IMMEDIATELY.²
KEVIN F. KELLY
President Judge
I See Pa.R.J.A. No. 252B1.
2 such an administrative order dated April 16, 2014, immediate past President Judge Chad F. Kenney designatedBy
then Court Electronic Recording Center Director, Michael P. Freeman, Esquire, the 32ⁿᵈ Judicial District's ADA
Coordinator. See Order dated April 16, 2014, No. 12-5054.
Mr. Freeman most recently retired from the court's employ necessitating a successor ADA Coordinator's
appointment.
AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
The Court of Common Pleas of Delaware County (Court) complies with Title II of the Americans
with Disabilities Act (ADA) which provides that "no qualified individual with a disability shall, by
reason of such disability, be excluded from participation in or be denied the benefits of the
services, programs, or activities of a public entity, or be subjected discrimination by any such
entity". 42 U.S.C.A. 12132. Pursuant to that requirement, if you are an individual with a
disability who needs an accommodation in order to participate in any judicial proceeding or any
other service, program, or activity of the Court, you are entitled, at no cost to you, to the
provision of certain assistance. The ADA does not require the Court to take any action that
would fundamentally alter the nature of its programs or services, or impose an undue financial
or administrative burden.
If you require an accommodation under the ADA, it is recommended that you make your
request as soon as possible or at least three (3) business days before your scheduled
participation in any court proceeding or Court program or activity. All requests for
accommodation, regardless of timeliness, will be given due consideration and if necessary, may
require an interactive process between the requestor and the Court to determine the best
course of action.
To request a reasonable accommodation, please complete a Request for Reasonable
Accommodation Form and return it to:
Nicole M. Brungard, Esquire
ADA Coordinator
Court Administration
Delaware County Courthouse
201 West Front Street
Media, PA 19063
610-891-4794
610-566-9128 fax
BrungardN@co.delaware.pa.us
If you need assistance completing this form, contact the ADA Coordinator.
Complaints alleging violations of Title II under the ADA may be filed pursuant to the UJS
Grievance Procedure with the ADA Coordinator. A response will be sent to you after careful
review of the facts.
DELAWARE COUNTY COURT OF COMMON PLEAS
32ⁿᵈ Judicial District of Pennsylvania
AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATION TITLE II REQUEST FOR REASONABLE ACCOMMODATION FORM
(INCLUDES REQUEST FOR INTERPRETER FOR HEARING/SPEECH IMPAIRED)
Client Information - Section A
Name: Phone:
Address: Mobile:
Email:
Please check the box that most closely describes your status in this matter:
Litigant Plaintiff Defendant Parent Child Witness Attorney Victim Juror
Other (please explain)
Requestor Information (if different from above)
Name: Business Phone:
Address: Fax:
Email:
Relationship to Client: TTY:
Accommodation
Nature of the disability for which an accommodation is requested:
Accommodation requested:
Location of Proceeding Proceeding Information
Magisterial District Court No.: Case Name:
Common Pleas Courtroom No.: Case Number:
Civil Criminal Family Probation Juvenile Proceeding Date: Proceeding Time:
Arbitration Domestic Relations Orphans' Court Division Proceeding Type:
Specify Address: Judge/District Judge/Master Name:
AFTER COMPLETING THE FORM, PLEASE SEND TO:
Nicole M. Brungard, ADA Coordinator
Court Administration
Delaware County Courthouse
201 West Front Street
Media, PA 19063
610-891-4794 610-566-9128 fax
BrungardN@co.delaware.pa.usBrungardN@co.delaware.pa.us
I hereby certify that an Americans with Disabilities Act accommodation is required in the above captioned action on the date stated.
Signature
FOR OFFICIAL USE ONLY
Service Provider Information - Section B
A SERVICE REQUEST HAS BEEN MADE FOR THE CLIENT NAMED ABOVE
Service Provider Company: Fax:
Individual Interpreter Name: Email:
Business Phone/Mobile: Date to Provider:
Court Official Verification Section C
Verifying Official shall maintain a copy in the Court's Case file and provide the original to the service provider for submission with billing.
I hereby verify that the services were performed by the provider in the above-captioned action on the date and time stated.
Start Date & Time: End Date & Time:
Court Official: Signature:
Please print name
Title: Date:
Requestor Information (if different from above)
Business Phone:
Email:
lN Tllll) COURT OF COMMON PLE)AS OF DELAWARE COUNTY, PENNSYLVANIA
IN RE: Delnwnrc County Local Rtdo No, 20S,4
Electronic Filing and Service of
Legal Papers In Dc!Rwnre County
No,I 17-005120
ADMINISTRATIVE ORDJIB
AND NOW, this !Su, day of Janull!'y 2019, it is hereby ORDERED that EFFECTIVE
IMMEDIATELY Delaware County Local Rule 205.4 for the Electronic Filing and ServJoe of
Legal Papers SHALL be AMENDED as follows:
(!) The Delaware County's Eleotronlc Filing System "EFS" ls accessible through the
county of Delaware's website at https://www.delcopa.gov/o\s/eflle.html.
(2) This Rule (No, 205.4) SHALL NO'I' apply to ANY of the below type matters
and/01' filings:
(a) Appeals from the decision of a Magistedal Distriot Judge pursuant to MDJ
R,C,P, 1002 thru 1008,
(b) Suspension of Driver License under Title 75 § 1532 et seq.
(c) Suspension of a Motor Vehlole Registration under Title 75 § 1371 et seq,
(d) Appeals from Lower Couits under Chaptet' 9, Pennsylvanla Appellate
Procedure Rules 901 et seq,
FILED
01,!Q.2010 03;32 PM
an/Cl! ot JUDIOJAL BUJ>l'OR)
Ol!L/IWAne COUii TY, PA
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
IN RE: Delaware County Local Rule No. 205.4 No.1 17-005120
Logal Papers in Delaware County
ADMINISTRATIVE ORDER
AND NOW, this 18th day of January 2019, it is hereby ORDERED that EFFECTIVE
IMMEDIATELY Delaware County Local Rule 205.4 for the Electronic Filing and Service of
(1)
01-18-2010 03:32 PM
OFFICE or JUDIOIAL SUPPORT
DELAWARE COUNTY, PA
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
IN RE: ADOPTION OF RULE 205.4: NO. 17-005120
:
Electronic Filing and Service of
Legal Papers in Delaware County
:
:
ADMINISTRATIVE ORDER
AND NOW, this 5ᵗʰ day of June, 2018, it is hereby ORDERED that Delaware County
Local Rule 205.4 for the Electronic Filing and Service of Legal Papers is ADOPTED.
This local rule (205.4) SHALL be effective upon publication on the Pennsylvania
Unified Judicial System (UJS) web portal athttps://ujsportal.pacourts.us/.
Use of the Delaware County Electronic Filing System SHALL commence on Monday,
July 30, 2018, at 8:30 AM, as provided by local Rule 205.4, unless otherwise ordered by this
court.
Kevin F. Kelly, R.J.
CERTIFIED A TRUE AND CORRECT
COPY FROM THE RECORD
JulyTHIS 17 DAY OF A.D. 2018
ANGELA L. MARTINEZ, ESQ., DIRECTOR
OFFICE OF JUDICIAL SUPPORT
LMk Lane FILED
07-16-2018 03:28 PM
OFFICE OF JUDICIAL SUPPORT
DELAWARE COUNTY, PA
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
RE: ADOPTION OF RULE 205.4: NO. 17-005120
:
Electronic Filing and Service of:
Legal Papers in Delaware County:
ADMINISTRATIVE ORDER
AND NOW, this 5th day of June, 2018, it is hereby ORDERED that Delaware County
Local Rule 205.4 for the Electronic Filing and Service of Legal Papers is ADOPTED.
This local rule (205.4) SHALL be effective upon publication on the Pennsylvania
Unified Judicial System (UJS) web portal athttps://ujsportal.pacourts.us/.
Use of the Delaware County Electronic Filing System SHALL commence on Monday,
July 30, 2018, at 8:30 AM, as provided by local Rule 205.4, unless otherwise ordered by this
court.
Kevin F. Kelly, R.J.
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(2)Official Record
When an electronic document is accepted, the document is the official record.(i) When an electronic document is accepted, the document is the official record.
(3)Signatures and Verifications
The electronic filing of documents utilizing the issued User Name and Password as provided
by this rule and Pa.R.C.P. No. 205.4, constitutes the party's signature on electronic documents
as provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a
certification of authorization to file it as provided in Pa.R.C.P. No. 205.1.
The electronic document filed by a party must include a signature block, and the name of the
filer under whose User Name and Password the document is submitted. The document may
be submitted with the filers scanned signature or "/s/" and the filer's named typed in the space
where the signature would otherwise appear on the document.
If an attorney is the filing party, the Pennsylvania Supreme Court Attorney Identification
number must be included under the signature line. The correct format for an attorney signature
is as follows:
/s/ Attorney name
Pa Supreme Court ID#
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
ADDRESS
TELEPHONE NUMBER
FAX NUMBER - (FAX)
E-MAIL ADDRESS
An authorized electronic filer must not allow their user name and password to be used by
anyone other than an agent who is authorized by the electronic filer.
Electronic filers shall notify the Office of Judicial Support's Help Desk immediately if there
has been any unauthorized use of their EFS user name and password.
The Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any
document or legal paper executed by a client or other persons other than the filing party must
be scanned and attached to the electronic filing in a portable document format at the time the
legal paper is submitted.
Documents requiring signatures of more than one party must be scanned and attached to the
electronic filing in a portable document format at the time the legal paper is submitted.
The original of a sworn or verified document that is electronically filed (e.g. affidavit) or is
contained with an electronic filing (e.g. verification) shall be maintained by the electronic filer
and made available upon direction of the court or reasonable request of the signatory or
opposing party.
(i) The electronic filing of documents utilizing the issued User Name and Password as provided
by this rule and Pa.R.C.P. No. 205.4, constitutes the party's signature on electronic documents
as provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a
certification of authorization to file it as provided in Pa.R.C.P. No. 205.1.
(ii) The electronic document filed by a party must include a signature block, and the name of the
filer under whose User Name and Password the document is submitted. The document may
be submitted with the filers scanned signature or "/s/" and the filer's named typed in the space
where the signature would otherwise appear on the document.
(iii) If an attorney is the filing party, the Pennsylvania Supreme Court Attorney Identification
number must be included under the signature line. The correct format for an attorney signature
is as follows:
/s/ Attorney name
Pa Supreme Court ID#
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
ADDRESS
TELEPHONE NUMBER
FAX NUMBER - (FAX)
E-MAIL ADDRESS
Lbl
/s/ Attorney name
Pa Supreme Court ID#
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
ADDRESS
TELEPHONE NUMBER
FAX NUMBER - (FAX)
E-MAIL ADDRESS
(iv) An authorized electronic filer must not allow their user name and password to be used by
anyone other than an agent who is authorized by the electronic filer.
(v) Electronic filers shall notify the Office of Judicial Support's Help Desk immediately if there
has been any unauthorized use of their EFS user name and password.
(vi) The Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any
document or legal paper executed by a client or other persons other than the filing party must
be scanned and attached to the electronic filing in a portable document format at the time the
legal paper is submitted.
(vii) Documents requiring signatures of more than one party must be scanned and attached to the
electronic filing in a portable document format at the time the legal paper is submitted.
(viii)The original of a sworn or verified document that is electronically filed (e.g. affidavit) or is
contained with an electronic filing (e.g. verification) shall be maintained by the electronic filer
and made available upon direction of the court or reasonable request of the signatory or
opposing party.
Explanatory Note: This subsection is designed to address issues which may arise regarding
signatures on legal documents. A filer's use of the User Name and Password issued through
the Delaware County Electronic Filing System is the filer's "electronic signature". However,
legal documents often require verifications executed by non-filers. In addition, many legal
documents require multiple signatures. Deficiencies in content and execution could be subject
to preliminary objections. In order to avoid prejudicial delay, this section requires the filing
party to scan such legal documents or signature pages and include them as part of the
electronic filing at the time of submission. Original copies should be kept as provided for in
Pa.R.C.P. No. 205.4 (b)(4).
(4)
Electronic Filing Fees and Costs.
(i) The Office of Judicial Support shall collect an electronic filing user fee for each legal paper or
exhibit filed as established by the Office of Judicial Support with the approval of the President
Judge of the Delaware County Court of Common Pleas.
(ii) In addition to such electronic filing user fee, the Office of Judicial Support is authorized to charge
a fee as set forth from time to time for each page of a legal paper or exhibit which is filed in hard
copy format and which must be converted by the Office of Judicial Support to a portable document
format.
(iii) Electronic filers shall alert the EFS to any payment errors within forty-five (45) days of the
payment date by notifying the Office of Judicial Support's Help Desk.
(5)
Other Procedures Necessary to the Operation of a System of Elecronic Filing: authorized by
Pa.R.C.P. No. 205.4 (f), the following administrative procedures are adopted:
(i) If a document is accepted, it shall be deemed to have been filed as of the date and time it was
received by the Delaware County Electronic Filing System; provided, however, that if a document is
submitted without the requisite fee, the document shall be deemed to have been accepted for filing
as of the date payment was received. The Office of Judicial Support is authorized to refuse for filing
a document submitted without the requisite payment. If the electronic document other than original
process is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No.
205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4(g)(2)(ii).
(ii) Termination Notice. In addition to the procedures set forth in Pa.R.C.P. No. 230.2, in cases where a
party is a registered user of the Delaware County Electronic Filing System, notice of proposed
termination may also be electronic.
(iii) An electronic filer is not required to file any paper copies unless specifically required by the court.
Note: In addition to the electronic paper, a Judge may request counsel or a self- represented litigant
to provide a courtesy copy of a pleading(s) or other such material including but not limited to a
memorandum of law, a pre-trial binder for the Court including relevant pleadings, a pre-trial memo,
if any, stipulations and pre-labeled exhibits which may be useful to a Judge in preparation for trial.
The Court may also request courtesy motions, petitions and answers to such pleadings from time to
time.
(iv) An electronic filer is not required to file multiple copies of documents unless requested by the Court,
or as specified elsewhere in these local rules. If documents are to be served electronically, the
electronic filer is not required to provide envelopes, unless requested by the Court or as specified
elsewhere in the local rules, except for those parties who are to receive the document by regular mail
or other means of service as required by other rules.
(v) Electronic filing is permitted at all times when the EFS is available. If the EFS is unavailable at the
time a registered user attempts to file a document, the registered user shall make reasonable efforts
to file the document as soon as the unavailability ends.
(vi) If a registered user believes the unavailability of the EFS prevented a timely filing to the party's
prejudice, the registered user may submit a motion to the court within ten (10) days of the registered
user's unsuccessful attempt to file the document. The motion shall state the date and time of the first
unsuccessful attempt to file the document electronically, the date(s) and time(s) of any subsequent
attempts to file the document electronically, and why the delay was prejudicial.
(vii) The filing deadline for any document filed electronically is 11:59:59PM EST/EDT.
(viii)
Documents with Attachments. Attachments, including exhibits, that are part of any filing, shall be
filed electronically at the same time as the document.
(ix) An attachment or exhibit that exceeds the technical standards for the EFS or is unable to be
electronically filed must be filed as ordered by the court. A Notice of Exhibit Attachment shall be
filed in the EFS referencing such an exhibit with specifically and stating the reason why the exhibit
was not filed electronically.
(x) The Court may, on its own motion or for good cause shown, order a filing be made under seal.
Filings requested to be made under seal shall be submitted to the Office of Judicial Support over the
counter rather than through EFS.
(xi) Sealed or confidential documents may be submitted for electronic filing in a manner that maintains
confidentiality under applicable law.
(xii) Filings not under seal are public and parties shall comply with the Public Access policy related to
case records of the Appellate and Trial Courts of the Unified Judicial System of Pennsylvania under
204 Pa. Code 213.81 and Delaware County Administrative Rule No. 17-5120.
Note: As required by Pa.R.C.P. No. 205.4(c)(1), access to the Delaware County Electronic Filing
System shall be available at all times, except for required maintenance. However, legal papers can
only be reviewed during normal court hours. Therefore, parties are cautioned to file required legal
papers in advance of any filing deadline to enable timely correction and re-submission in the event a
legal paper is not accepted or is refused for filing. The Office of Judicial Support may refuse for
filing any legal paper submitted without the required filing fees as provided by 42 Pa.C.S. §
1725(c)(2)(xix), or, at the Office of Judicial Support's discretion, may authorize the filer to submit
the required filing fees within a stated time period after which the Office of Judicial Support may
refuse the legal paper for filing if payment is not received.
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(h)An AOPC Civil Court Cover Sheet pursuant to Pa.R.C.P No. 205.5 shall be required and must be
scanned separately from the original pleading
Note: The following documents may be filed through the EFS system. The Office of Judicial Support, once
accepted, will forward the document to Court Administration for review and processing:
Certificate of Readiness pursuant to Local Rule 241; (2) Debtor's Exemption under Local Rule
3123; (3) Application for Continuance in arbitration cases pursuant to Delaware County Local Rule
1303 (f) or for a hearing related to a petition or motion (Local Rule 206.1 (a)( 1) and 208.3 (b) (1) );
(4) License Suspension Appeal (Local Rule 29); (5) Tax Assessment Appeal (Local Rule 30); (6) Board of
View (Local Rule 622 (k));and (8) Request for Extension pursuant to Local Rule 1028.
Once filed through the EFS system, the document will be processed by the Court Administrator and
notice of the outcome and/or a hearing date if any, will be sent electronically to the filing party. The
party requesting a continuance shall provide advance notice to all parties in a case, state if the
continuance is opposed or unopposed, and be responsible to notify all parties of the outcome of the
request prior to a listed hearing or event.
Applications for Continuance in assigned cases may be filed electronically at the Court's discretion
subject to the assigned judge's guidelines.
Motions or petitions seeking relief in emergency situations or stay of proceedings shall not be filed
through the EFS system but shall be taken to the Office of Judicial Support to be time-stamped,
processed, and docketed and then brought by the party seeking the emergency relief or the stay of
proceedings to the Court Administrator for reference to the appropriate judge.
Lbl
Note: The following documents may be filed through the EFS system. The Office of Judicial Support, once
accepted, will forward the document to Court Administration for review and processing:
(1)Certificate of Readiness pursuant to Local Rule 241; (2) Debtor's Exemption under Local Rule
3123; (3) Application for Continuance in arbitration cases pursuant to Delaware County Local Rule
1303 (f) or for a hearing related to a petition or motion (Local Rule 206.1 (a)( 1) and 208.3 (b) (1) );
(4) License Suspension Appeal (Local Rule 29); (5) Tax Assessment Appeal (Local Rule 30); (6) Board of
View (Local Rule 622 (k));and (8) Request for Extension pursuant to Local Rule 1028.
Lbl
Once filed through the EFS system, the document will be processed by the Court Administrator and
notice of the outcome and/or a hearing date if any, will be sent electronically to the filing party. The
party requesting a continuance shall provide advance notice to all parties in a case, state if the
continuance is opposed or unopposed, and be responsible to notify all parties of the outcome of the
request prior to a listed hearing or event.
Lbl
Applications for Continuance in assigned cases may be filed electronically at the Court's discretion
subject to the assigned judge's guidelines.
Lbl
Motions or petitions seeking relief in emergency situations or stay of proceedings shall not be filed
through the EFS system but shall be taken to the Office of Judicial Support to be time-stamped,
processed, and docketed and then brought by the party seeking the emergency relief or the stay of
proceedings to the Court Administrator for reference to the appropriate judge.
Note: This rule is adopted as required by Pa.R.C.P. No. 239.9.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE: Fee Schedule: No.: 12-5040
:
:
ADMINISTRATIVE ORDER
AND NOW, this 30th day of March, 2017, pursuant to 42 Pa.C.S. Sections 21071.1
and 21071.2, the Fee Schedule of the Office of Judicial Support is hereby amended, as
follows, effective July 1, 2017:
CRIMINAL
CRIMINAL
Fee Description New Fee
Proceedings disposed during or after trial- misdemeanor & felony $272.00
cases
Proceedings disposed before trial- misdemeanor & felony cases $247.00
Proceedings- summary matters $24.00
Appeal from summary conv. - Distr. $45.50
All certifications $9.50
All other matters filed with OJS and all reports prepared by OJS $17.50
Appeal from Court of Comm. Pleas to Appellate Court $58.50
Issuance of (single) Detective License. Same fee applies for all $200.00
renewals
Issuance of Detective License for Corporation. Same fee applies for $300.00
all renewals
Judicial Computer Program fee $8.00
Automation fee $5.00
CIVIL
CIVIL
Fee Description New Fee
Appeal from Arbitration $391.75
Appeal from Distr. Justice $292.50
Appeal to Higher Court $58.50
Plus check payable to Appellant Court #######
Assignments $10.25
Articles of Association $13.50
Certifications:
1st Page $5.95
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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
Local Rule of Judicial Administration
IN RE: Case Records Public Access
Policy of the Unified Judicial
System of Pennsylvania
Civil Docket No. 17-5120
Criminal Docket No. MD-1545-17
WHEREAS, the Pennsylvania Supreme Court has recently amended its past adopted
Public Access Policy (the "Policy") of the Unified Judicial System of Pennsylvania: Case
Records of Appellate and Trial Courts, 1 which applies to all court records, including civil,
family, criminal, Orphans' Court; minor courts' matter; and
WHEREAS, the Policy establishes uniform standards for all appellate and trial courts
in responding to requests from the public for case records; and
WHEREAS, the Policy is built upon the principle that court records are open for
inspection by the public while maintaining appropriate boundaries for the protection of
individuals who come into the court system; and
WHEREAS, the Policy provides access protocols for sensitive information which
might be found in case files, including the following:
1.Where applicable authority requires information listed in Section 7.00(A) of the
Public Access Policy of the Unified Judicial System of Pennsylvania to appear on
certain documents, the Public Access Policy does not apply. Otherwise, certain
types of information set forth in Section 7.00(A) ("Confidential Information"),
cannot be included in court filings, but instead must be identified to the court on a
separate form, called a Confidential Information Form (the "CIF") and attached to
the filing. The CIF is not available to the public. Alternatively, a court may require
a party to file two versions of every document- a redacted and unredacted
version. The unredacted version is not available to the public. Attached hereto as
Exhibit "A" is the "CIF".
2.Certain documents set forth in Section 8.00 of the Public Access Policy of the
Unified Judicial System of Pennsylvania must be filed with a Confidential
Document Form (the "CDF"), such as Financial Documents. While the CDF which
describes the document is available to the public, the underlying document is not.
The "CDF" form is attached hereto as Exhibit "B".
3.The forms shall be available in each filing office as well as on the Court and OJS
http://www.co.delaware.pa.us/.websites at
1 The Policy was initially promulgated by the Supreme Court of Pennsylvania under such an
administrative order dated January 6, 2017. See Order dated January 6, 2017 No. 477 - Judicial
Administration Docket. The Supreme Court of Pennsylvania more recently amended the Policy via its
administrative order of March 28, 2018, to include within the Policy's scope all minor courts (E.g.
Magisterial District Courts) and relatedly rescinded as of July 1, 2018, the Public Access Policy of the
Unified Judicial System of Pennsylvania: Official Case Records of the Magisterial District Courts. See
Order dated March 28, 2018, No. 496 - Judicial Administration Docket.
4.Certain cases are not accessible to the public because there is no method to
ensure that all of the sensitive information contained in the case file can be
redacted before permitting public access.
5.Certain Information is only accessible at the courthouse and not online.
6.A certification shall be filed on every document filed with a court or custodian.
The Certificate of Compliance Form is attached hereto as Exhibit "C".
AND NOW, this 26TH day of ture 2018, it is hereby ordered and decreed that the,
following policy regarding access to case records, is hereby adopted effective July 1, 2018. It is
further ordered and decreed that the local rule Public Access Policy signed on December 7th, 2017
and effective on January 6th, 2018, is hereby rescinded, effective July 1st, 2018.
1.Relationship to the Policy.
This Local Rule of Judicial Administration shall be known as the Delaware County
Public Access Policy Local Rule, and is intended to conform procedure and practice in
the Courts operating within the 32ⁿᵈ Judicial District to the Public Access Policy adopted
by the Unified Judicial System of Pennsylvania concerning case records ("the Policy").
Lbl
This Local Rule of Judicial Administration shall be known as the Delaware County
Public Access Policy Local Rule, and is intended to conform procedure and practice in
the Courts operating within the 32ⁿᵈ Judicial District to the Public Access Policy adopted
by the Unified Judicial System of Pennsylvania concerning case records ("the Policy").
2.Definitions.
"Confidential Information" is all information identified in Section 7 of the Public
Access Policy of the Unified Judicial System of Pennsylvania, and to conform with
the schedule attached hereto as Exhibit "D", which identifies Limits of Public
Access to the Unified Judicial System Case Records ("Limits of Public Access
Matrix").
"Confidential Document" is all documents identified in Section 8 of the Public
Access Policy of the Unified Judicial System of Pennsylvania.
All remaining definitions are addressed in section 1.0 of the State Public Access
Policy of the Unified Judicial System of Pennsylvania and are incorporated herein
by reference.
Lbl
"Confidential Information" is all information identified in Section 7 of the Public
Access Policy of the Unified Judicial System of Pennsylvania, and to conform with
the schedule attached hereto as Exhibit "D", which identifies Limits of Public
Access to the Unified Judicial System Case Records ("Limits of Public Access
Matrix").
Lbl
"Confidential Document" is all documents identified in Section 8 of the Public
Access Policy of the Unified Judicial System of Pennsylvania.
Lbl
All remaining definitions are addressed in section 1.0 of the State Public Access
Policy of the Unified Judicial System of Pennsylvania and are incorporated herein
by reference.
3.Compliance/Appropriate Sanctions.
Compliance with the Delaware County Public Access Policy Local Rule including
the Limits of Public Access Schedule is the responsibility of litigants and
Lbl
Compliance with the Delaware County Public Access Policy Local Rule including
the Limits of Public Access Schedule is the responsibility of litigants and
attorneys, each of whom shall be responsible for safeguarding Confidential
Information and Confidential Documents. Those litigants and attorneys who are
found to have failed to comply with this local rule shall be subject to the imposition
of appropriate sanctions.
4.Responding to Requests for Access to Case Records
A custodian shall fulfill a request for access to case records as promptly as
possible under the circumstances existing at the time of the request. If the
request is unable to be fulfilled promptly or at all, the custodian shall inform the
requestor of the specific reasons why access to the information is being delayed
and/or denied. If a request is denied, the denial shall be in writing. A Request For
Access Form is attached hereto and marked as Exhibit "E".
Lbl
A custodian shall fulfill a request for access to case records as promptly as
possible under the circumstances existing at the time of the request. If the
request is unable to be fulfilled promptly or at all, the custodian shall inform the
requestor of the specific reasons why access to the information is being delayed
and/or denied. If a request is denied, the denial shall be in writing. A Request For
Access Form is attached hereto and marked as Exhibit "E".
5.Orphans' Court Division.
For all Orphans' Court matters, all "Confidential Information" as defined in Section
7.0 of the Policy which is to be filed with any Case Record, shall be set forth on
the Confidential Information Form. Such policy is subject to change upon Order of
Court, which could direct (among other things) that a redacted version of any
document be produced.
TRIAL DIVISION
Lbl
For all Orphans' Court matters, all "Confidential Information" as defined in Section
7.0 of the Policy which is to be filed with any Case Record, shall be set forth on
the Confidential Information Form. Such policy is subject to change upon Order of
Court, which could direct (among other things) that a redacted version of any
document be produced.
TRIAL DIVISION
Lbl
TRIAL DIVISION
6.Civil Section and Family Section.
For all Civil and Family matters, any filing containing Confidential Information, not
required by applicable authority to appear in the document, shall be redacted and
accompanied by a Confidential Information Form (CIF), and only the redacted
version will be accessible by the public. Any filing of a Confidential Document
shall be accompanied by a Confidential Document Form (CDF) and only the CDF
will be accessible by the public. As to all Family matters, on-line remote access is
limited to the Docket. The presiding judge, upon application of a litigant or
attorney or acting sua sponte, retains the right to require filing in a
redacted/unredacted form.
Lbl
For all Civil and Family matters, any filing containing Confidential Information, not
required by applicable authority to appear in the document, shall be redacted and
accompanied by a Confidential Information Form (CIF), and only the redacted
version will be accessible by the public. Any filing of a Confidential Document
shall be accompanied by a Confidential Document Form (CDF) and only the CDF
will be accessible by the public. As to all Family matters, on-line remote access is
limited to the Docket. The presiding judge, upon application of a litigant or
attorney or acting sua sponte, retains the right to require filing in a
redacted/unredacted form.
7.Criminal Section.
For all Criminal matters, any filing containing Confidential Information, not
required by applicable authority to appear in the document, shall be redacted and
accompanied by a Confidential Information Form (CIF), and only the redacted
version will be accessible by the public. Any filing of a Confidential Document
shall be accompanied by a Confidential Document Form (CDF), and only the CDF
will be accessible by the public. Additionally, all confidentiality provisions
regarding Juvenile Court proceedings shall continue to comply with the Juvenile
Act. The presiding judge, upon application of a litigant or attorney or acting sua
sponte, retains the right to require filing in a redacted/unredacted form.
Lbl
For all Criminal matters, any filing containing Confidential Information, not
required by applicable authority to appear in the document, shall be redacted and
accompanied by a Confidential Information Form (CIF), and only the redacted
version will be accessible by the public. Any filing of a Confidential Document
shall be accompanied by a Confidential Document Form (CDF), and only the CDF
will be accessible by the public. Additionally, all confidentiality provisions
regarding Juvenile Court proceedings shall continue to comply with the Juvenile
Act. The presiding judge, upon application of a litigant or attorney or acting sua
sponte, retains the right to require filing in a redacted/unredacted form.
8.Magisterial District Courts
Magisterial District Courts
For all Magisterial District Court matters, any filing containing Confidential
Information, not required by applicable authority to appear in the document,
shall be redacted and accompanied by a Confidential Information Form (CIF),
and only the redacted version will be accessible by the public. Any filing of a
Confidential Document shall be accompanied by a Confidential Document
Form (CDF), and only the CDF will be accessible by the public. If a filed
document fails to comply with the requirements of this section, a Magisterial
District Court may, upon request or its own initiative, with or without a hearing
order the filed document redacted, amended or both.
Public Access
When desiring to inspect or copy case records, an oral or written request must
be made to the applicable custodian. Requests shall identify or describe the
records sought with specificity to enable the custodian to ascertain which
records are being requested. If the information that is the subject of a request
is complex or voluminous, the custodian may require a written request. The
custodian may also designate an individual to monitor access to ensure the
integrity of the case records is maintained.
C. Fees
Fees for the duplication by photocopying or printing from electronic media or
microfilm will be $0.25 per page. All Fee schedules for the Magisterial District
Court shall be publicly posted in an area accessible to the public.
Relief from Denial
Relief from a denial by a Magisterial District Court may be sought by filing a
written appeal within ten (10) business days of a denial to the Deputy
Administrator, Special Courts, 100 N. Front Street, Media, Pa. 19063. Within
twenty (20) business days, the Deputy Administrator, Special Courts shall
make a determination and forward it in writing to the requestor. Any further
appeal shall be subject to Chapter 15, Judicial review of Government
Determinations, of the Rule of Appellate Procedure.
a.Magisterial District Courts
For all Magisterial District Court matters, any filing containing Confidential
Information, not required by applicable authority to appear in the document,
shall be redacted and accompanied by a Confidential Information Form (CIF),
and only the redacted version will be accessible by the public. Any filing of a
Confidential Document shall be accompanied by a Confidential Document
Form (CDF), and only the CDF will be accessible by the public. If a filed
document fails to comply with the requirements of this section, a Magisterial
District Court may, upon request or its own initiative, with or without a hearing
order the filed document redacted, amended or both.
b.Public Access
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When desiring to inspect or copy case records, an oral or written request must
be made to the applicable custodian. Requests shall identify or describe the
records sought with specificity to enable the custodian to ascertain which
records are being requested. If the information that is the subject of a request
is complex or voluminous, the custodian may require a written request. The
custodian may also designate an individual to monitor access to ensure the
integrity of the case records is maintained.
c.
C. Fees
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Fees for the duplication by photocopying or printing from electronic media or
microfilm will be $0.25 per page. All Fee schedules for the Magisterial District
Court shall be publicly posted in an area accessible to the public.
d.Relief from Denial
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Relief from a denial by a Magisterial District Court may be sought by filing a
written appeal within ten (10) business days of a denial to the Deputy
Administrator, Special Courts, 100 N. Front Street, Media, Pa. 19063. Within
twenty (20) business days, the Deputy Administrator, Special Courts shall
make a determination and forward it in writing to the requestor. Any further
appeal shall be subject to Chapter 15, Judicial review of Government
Determinations, of the Rule of Appellate Procedure.
9.Corrections of Clerical Errors in Case Record
A Party, or the party's attorney, seeking to correct a Clerical Error in a case record
may submit a Request for Correction of Clerical Error to the Custodian which is
attached hereto as Exhibit "F".
All requests shall be in writing on the form designated by the Administrative Office
of Pennsylvania Courts. The requestor shall specifically describe within the
request the alleged Clerical Error and shall provide sufficient facts, including
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A Party, or the party's attorney, seeking to correct a Clerical Error in a case record
may submit a Request for Correction of Clerical Error to the Custodian which is
attached hereto as Exhibit "F".
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All requests shall be in writing on the form designated by the Administrative Office
of Pennsylvania Courts. The requestor shall specifically describe within the
request the alleged Clerical Error and shall provide sufficient facts, including
supporting documentation, to corroborate the allegation of Clerical Error. The
requestor shall provide copies of the request to each party in the case.
Within 10 business days of its receipt of the request, the Custodian shall reply in
writing to the requestor and each party in the case, selecting one of the following
responses:
a.The request does not contain sufficient facts to determine the information
alleged to be in error, and no further action will be taken in the reply to the
request;
b.The request does not concern a Case Record which is subject to this
policy, and no further action will be taken on the request;
c.
C. A Clerical Error does exist in the Case Record and the Clerical Error in
question has been corrected;
d.A Clerical Error does not exist in the Case Record; or
e.The request has been received and an additional period not exceeding 30
business days is necessary to complete a review of the request.
The requestor and each party in the case may seek review of the Custodian's
reply under subsections 9(a)-(d) of this Local Rule of Judicial Administration within
10 business days of the mailing date of the Custodian's Reply. The Request For
Review of Custodian's Reply shall be made on the form designated by the
Administrative Office of Pennsylvania Courts. The Request For Review shall be
considered by the judge(s) who presided over the case. However, if the Request
For Review concerns a Magisterial District Court's decision, it shall be reviewed
by the Special Court Administrator in accordance with 8(d) above.
10. Motions to Seal Court Records.
This Public Access Policy Local Rule in no way alters the ability and authority of
the Court, upon application of a litigant or attorney or acting sua sponte, to seal a
record or any portion of a record for reasons not inconsistent with the Policy of the
Unified Judicial System of Pennsylvania.
11. Public Accessibility to Case Records.
Accessibility of all case record information by the public shall be governed by the
attached Limits of Public Access Matrix. (Attached hereto as Exhibit 'C'). Please
note that certain case record information is inaccessible, while other case record
information may be publicly accessible at the courthouse but not accessible
online.
JM 9:20
AM
FILED 2018 JUN 28 2018
CERTIFIED A TRUE AND CORRECT
COPY FROM THE RECORD
Provenance
- Source
- www.delcopa.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
a826de9081e901bd0292b008907a02c0b461327ff2ad8ab3b6d424998dc5a63d
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