Title 255—LOCAL
COURT RULESADAMS COUNTY Rule of Civil Procedure 230; Administrative Order No. 59 of 2013 [43 Pa.B. 4326]
[Saturday, August 3, 2013]Order of Court And Now, this 18th day of July, 2013, It Is Hereby Ordered that the Adams County Rules of Civil Procedure are amended to include the following rules:
Rule 230.2. Termination of Inactive Cases.
A. The Adams County Prothonotary shall annually review cases pending in the Prothonotary's Office and shall compile a list of cases in which there has been no docket activity for a period of two (2) years or more. The list shall be prepared on or before the first day of September and shall include all cases in which there has been no activity of record for the prior 22 months.
B. On or before the 15th day of September, the Prothonotary shall serve notice on counsel of record, or on the party if not represented, of the proposed termination of the case on the 30th day of November. The notice shall be served in compliance with Pennsylvania Rule of Civil Procedure 440. If the mailed notice is returned, notice shall be served by advertising the same in the legal publication designated by the Court for the publication of legal notices or in one newspaper of general circulation within the county as directed by the Court.
C. If no statement of intention to proceed is filed, the Prothonotary shall enter an Order as of course terminating the matter with prejudice for failure to prosecute. If a statement of intention to proceed is filed, the same shall be promptly forwarded to the Court for purposes of the setting of a scheduling conference or other action deemed appropriate by the Court.
Rule 230.3. Aged Litigation/Scheduling of Conferences.
A. On or before the first day of each month, the Adams County Prothonotary shall forward to the Judge designated to conduct scheduling conferences a list of all cases pending in the Prothonotary's Office for a period of 30 months regardless of whether docket activity has occurred.
B. Upon receipt of the list identified in paragraph A above, the Court shall review the case and conduct a scheduling conference or take other action as appropriate for the prompt resolution of the litigation.
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 Office and the Adams County Law Library for inspection and copying;
B. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.C.P. No. 239(c)(2);
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; and
D. One (1) certified copy of this Order shall be forwarded to the Civil Procedural Rules Committee in accordance with the provisions of Pa.R.C.P. No. 239(c)(4).
By the Court
MICHAEL A. GEORGE,
President Judge[Pa.B. Doc. No. 13-1436. Filed for public inspection August 2, 2013, 9:00 a.m.]
