Bindinglaw

PA · rules

Delaware Cnty. C.P. CommonPleasAdminOrders_AOD THIS 18

DAY OF July A.D 2019ANGELA L. MARTINEZ, ESQ., DIRECTOR

activein force · 2018-07-01 – presentact-effective-date

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.

[binding.law: PDF page 100 withheld — the text engines read it differently]

[binding.law: PDF page 101 withheld — the text engines read it differently]

(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.

[binding.law: PDF page 105 withheld — the text engines read it differently]

(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

[binding.law: PDF page 108 withheld — its text layer does not read as words]

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

Lbl

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

Lbl

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

Lbl

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

Lbl

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".

Lbl

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
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.