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PA Bulletin, Doc. No. 03-259

THE COURTS

DELAWARE COUNTY

Adoption of Local Rule 205.4; Misc. Doc. No. 00-3708

[33 Pa.B. 874]

Order

   And Now, to wit, this 28th day of January, 2003, it is hereby Ordered and Decreed that Local Rule 205.4 is hereby Adopted and shall read as follows:

Rule 205.4  Electronic Filing and Service of Legal Papers.

   (a)  Legal Papers That May Be Filed Electronically:

   Parties may file the following legal papers with the Office of Judicial Support by means of electronic filing in any civil action or proceeding at law or in equity commenced in or appealed to the Court:

   (1)  secondary pleadings, petitions, motions, preliminary objections, praecipes, stipulations and affidavits of service, including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923, except as set forth in Section (b).

   (2)  Reports:

Annual Audit
Board of Tax Collector
Cemetery Report
Oath of Office
Tax Collector Report

   (3)  Liens/Scire Facias:

Commercial Broker Lien
Commonwealth Tax Lien
Condominium Lien
Declaration of Covenant Lien
Environmental Resources Lien
Federal Judgment Lien
Foreign State Tax Lien
Mechanic's Lien
No Lien Agreement
Pension Benefit Lien
Planned Community Lien
Scire Facias sur Municipal Lien
Scire Facias sur Tax Lien
Unemployment Compensation Lien

   (4)  Foreign Judgment/Execution:

Foreign Execution
Foreign Judgment
Assurance of Voluntary Compliance

   (b)  Legal Papers That May Not Be Filed Electronically:

   (1)  Original process;

   (2)  Preliminary or special injunctions or temporary restraining orders;

   (3)  Legal papers relating to Protection from Abuse matters within 23 Pa.C.S.A. 6101 et seq. and Domestic Relations matters in any action governed by Pa.R.C.P. 1902--1920.92 (with the sole exception of custody pleadings pursuant to Pa.R.C.P. 1915.1--1915.24 which may be filed electronically) or otherwise filed pursuant to Pa.R.C.P. 1930.1--1940.8;

   (4)  A notice of appeal from an award of a board of arbitrators, or a notice of appeal or other legal paper the filing of which is prescribed by the Rules of Civil Procedure Governing Actions and Proceedings before District Justices:

   (5)  Any legal papers relating to the revival and the enforcement of judgments other than legal papers filed pursuant to Pa.R.C.P. Nos. 3031, 3117, 3118, 3119, 3142, 3143(d), (f), (g) & (h), 3144, 3145, 3146 and 3149.

   (6)  Those legal papers which are to be initially filed with the Court Administrator including certificates of readiness and applications for continuance.

   (7)  The following matters:

Health Department Judgments
Housing Court Judgments
Confession of Judgments
ACBA Fee Dispute Judgments
Judgments Rolls
Orphan's Court Judgments
PHEAA Judgments
Pennsylvania Agency Judgments
Workers' Compensation Judgments
District Justice Transcripts
Exemplification of Records
Amicable Ejectments
Petition for Name Change

   (8)  Any other legal papers, the electronic filing of which is expressly prohibited by the Pennsylvania Rules of Civil Procedure.

   (c)  Filing, Access and Maintenance of Legal Papers:

   (1)  The website address of the Office of Judicial Support is as follows:

www.co.delaware.pa.us

(2)  The Office of Judicial Support shall provide electronic access at all times. The time and date of the filing and receipt shall be that registered by the Office of Judicial Support.

(3)  The Office of Judicial Support shall provide a filing status message to the filing party setting forth the date and time of acceptance of the filing or the fact that the filing has not been accepted. A legal paper is not considered filed if the Office of Judicial Support responds to the attempted filing by notifying the filing party that the filing party has not:

(i)  maintained sufficient funds to pay the fees and costs described in subsection (7); or

(ii)  authorized payment by credit or debit card of these fees and costs.

(4)  Access to the website shall be available to an attorney with the use of the attorney's Supreme Court identification number issued by the Court Administrator of Pennsylvania. Access is available to any other user properly identified by his or her social security number.

(5)  The document which is electronically filed shall not be also filed by traditional paper means, though the filing party shall maintain the original hard copy of any legal paper that is electronically filed.

(6)  The Office of Judicial Support shall maintain an electronic and a hard copy file for those documents identified in Section (a)(1). The Office of Judicial Support is not required to maintain a hard copy file for the legal papers identified in Section (a), subsections (2), (3) and (4).

(7)  The procedure for the payment of the fees and costs of the Office of Judicial Support and the fees and costs for service by the Sheriff shall be set forth on the website of the Office of Judicial Support.

(d)  Service:

   Service of legal papers shall at all times be in accordance with the Pennsylvania Rules of Civil Procedure and may be made by electronic means as allowed by Pa.C.R.P. 205.4.(g) and as otherwise permitted herein.

By the Court

KENNETH A. CLOUSE,   
President Judge

[Pa.B. Doc. No. 03-259. Filed for public inspection February 14, 2003, 9:00 a.m.]


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