811 Amendment of rules of judicial administration; administrative order no. 25 of 2013

Title 255—LOCAL
COURT RULES

ADAMS COUNTY

Amendment of Rules of Judicial Administration; Administrative Order No. 25 of 2013

[43 Pa.B. 2424]
[Saturday, May 4, 2013]

Order of Court

 And Now, this 18th day of April, 2013, the Court hereby Orders that the Adams County Rules of Judicial Administration shall be amended as follows:

620. Older Adults Protective Services Act.

 A. This Rule addresses procedures to be followed under the Older Adults Protective Services Act, 35 P. S. § 10225. 101, et seq.

 B. Emergency Petitions. Whenever a petition for emergency order is filed under Section 307 of the Act, 35 P. S. § 10225.307, outside the normal business hours of the Court of Common Pleas, said petition shall be presented to the on-call Magisterial District Judge.

 Any order entered by a Magisterial District Judge shall be considered a temporary order but shall remain in effect until a preliminary hearing is held pursuant to Paragraph D.

 C. The Magisterial District Judge shall contact the Court Administrator as soon as possible after granting or denying relief. All papers shall be promptly forwarded for filing to the Prothonotary's Office.

 D. If the Magisterial District Judge grants relief, the Court will schedule a preliminary hearing to be held at 1:00 P.M. on the next Business Court Day following the granting of relief by the Magisterial District Judge. The Magisterial District Judge granting relief shall provide notice to all known interested parties in the form set forth in Paragraph E., below.

 E. At the preliminary hearing, the Court shall determine whether the relief granted pursuant to the emergency order shall remain in effect or be modified and shall set a date for a plenary hearing.

 F. Form of Notice

Notice

 An Emergency Petition under the Older Adults Protective Services Act has been filed as attached. An emergency order has been granted and will remain in effect until 1:00 P.M. on ______ , 20 __ , when it will be considered in a Courtroom that will be designated on that date in the Adams County Courthouse, Gettysburg, Pennsylvania. At that time, the emergency order may be continued, modified, or terminated. If the order is continued or modified, a full hearing on the merits will be scheduled. You may appear for either hearing. The Court may proceed in absence of any interested person except the petitioner to take testimony and enter an order granting relief.

 The older adult affected by this proceeding is entitled to be represented by counsel and is hereby notified that if he/she cannot afford a lawyer to go to or telephone the office set forth below to apply for court appointed counsel.

Adams County Court Administrator
Adams County Courthouse
111-117 Baltimore Street
Gettysburg, PA 17325
Telephone: [phone]

_________________
Magisterial District Judge

 This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It is further directed that:

 a. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;

 b. Seven (7) certified copies of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa. R.J.A. No. 103(c)(2); and

 c. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format per 1 Pa. Code § 13.11(d), containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 13-811. Filed for public inspection May 3, 2013, 9:00 a.m.]