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PA Bulletin, Doc. No. 98-478



Rule of Judicial Administration WJ1901;
Civil Division

[28 Pa.B. 1516]

Order of Court

   And Now, to-wit this 16th day of March, 1998, it is Hereby Ordered, Adjudged and Decreed that Westmoreland County Rule of Judicial Administration WJ1901 is rescinded, and that new Rule of Judicial Administration WJ1901 is adopted.

By the Court

President Judge

Rule WJ1901.  Prompt Disposition of Matters; Termination of Inactive Cases.

   (a)  Civil Cases

   (1)  The court administrator shall, in conjunction with the 18 month review provided by Rule W200.3, and from time to time as directed by the court, designate civil cases to be terminated for inactivity.

   (2)  Notice may be by person, by mail, or by publication.

   A.  Notice by mail shall be conducted by sending the notice to the last address of record of the parties or their legal counsel.

   B.  Notice by publication shall include an advertisement substantially in the following form:

Purge of Civil Cases

   Unless otherwise directed by order of court, pursuant to Pa.R.J.A. 1901, the following civil cases will be dismissed on the first Monday of ______  for inactivity. To remove a case, a petition must be presented to the courtadministrator at least 10 days prior to the first Monday of ______  , and must state good cause for the unreasonable delay and a firm commitment for prompt disposition. All orders removing a case shall be filed in the prothonotary's office forthwith and a copy shall be presented to the court administrator.

(List of Cases)

   (3) Even though a case appears on the ''Purge List,'' the following are not terminated by the purging process:

   A.  custody cases

   B.  cases affecting title to real estate

   C.  cases which have a final judicial disposition, and

   D.  cases which have an injunctive order in effect

   (4)  The reinstatement of any case terminated for inactivity shall be assessed an administrative fee of $25.

   (b)  Criminal Cases shall be purged as directed by the court.

   (c)  Divorce Cases shall be purged as directed by the court.

[Pa.B. Doc. No. 98-478. Filed for public inspection March 27, 1998, 9:00 a.m.]


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