to the Magisterial District Court and g) any known costs as described in 75 Pa.C.S.A. Sec. 6309, 6309.1 and 6309.2.
- Upon receipt of the information provided in paragraph A.1., above, the Sheriff shall serve notice upon owners, lienholders and secured parties as required by 75 Pa.C.S.A. Sec. 6310(b). The Sheriff shall also notify the law enforcement officers, constables, towing agent, and impound official, if any, of the date and time of sale together with a request for verification of any unpaid costs incurred by said entity pursuant to statute for the seizure, towing, impounding or storage of said vehicle.
- If the identity or address of an owner is unknown or notice has been returned as undeliverable notice of the sale shall be given by the Sheriff by publication once in the Adams County Legal Journal and in one local newspaper of general circulation.
- On the date established for the sale of such vehicles the Sheriff shall conduct said sale in accordance with normal personal property sale procedures.
- Following the sale the proceeds of sale shall first be applied to the costs incurred by the Sheriff for the sale, secondly, to the payment of all fines and costs, and thirdly to the payment of encumbrances. The balance, if any, shall be remitted to the owner.
- At any time during this process the Sheriff shall have the right to discontinue the sale if there is reasonable basis to conclude that the cost incurred or to be incurred by the Sheriff shall exceed the amount reasonably expected to be offered at sale. In such circumstance the Sheriff shall notify the Magisterial District Judge in writing of the basis for that conclusion. Thereafter the Sheriff shall only be required to proceed to sale if the Sheriff's costs are guaranteed in a manner deemed acceptable by the Sheriff.
Rule 1203. 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.