LANCASTER COUNTY COURT of COMMON PLEAS 225Th Anniversary Edition Judicial Services Report 2016
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LANCASTER COUNTY COURT OF COMMON PLEAS 225th Anniversary Edition Judicial Services Report 2016 Table of Contents Message from President Judge and District Court Administrator . 3 Court Organizational Structure . 4 History of the Court . .6 Past Judges . 8 2016 Board of Judges . 9 Court Administration . 10 Criminal Court . .18 Adult Probation and Parole Services . .21 Treatment Courts . .24 Civil Court . .33 Family Court . 35 Domestic Relations . .37 Juvenile Probation . 44 Orphans’ Court . 54 Magisterial District Courts . .56 Court Reporters . .62 Law Library . .66 Court Related Offices Clerk of Courts . 70 Office of the Prothonotary . .71 Register of Wills . 72 Sheriff's Department . .72 In Memoriam . .74 Message from the President Judge and the District Court Administrator We celebrate this year the 225th Anniversary of the first session of the Lancaster County Court of Common Pleas on October 31, 1791. Central to that celebration is the recognition of the professional work performed by over 485 talented and dedicated Court employees. Although the Court has grown tremendously over the last 225 years to meet the needs of the County’s over 530,000 citizens, it is no less dedicated to the fair, Dennis E. Reinaker impartial, effective, and efficient administration of Mark M. Dalton District Court Administrator President Judge justice. It is therefore with great pride we present this Judicial Services Report highlighting the major responsibilities and accomplishments of the Judges, Magisterial District Judges, various Court departments, and Court-related offices. Additionally, we are grateful for the support of the Commissioners, other elected officials and the citizenry of the County. Dennis E. Reinaker Mark M. Dalton Dennis E. Reinaker President Judge James P. Cullen Leslie Gorbey David L. Ashworth Jay J. Hoberg David R. Workman Donald R. Totaro Howard F. Knisely Jeffery D. Wright Judge Judge Judge Judge Judge Judge Judge Judge Margaret C. Miller Christopher A. Hackman Jeffrey J. Reich Leonard G. Brown III Merrill M. Spahn, Jr. Thomas B. Sponaugle Judge Judge Judge Judge Judge Judge 19 Magisterial Mark M. Dalton Louis J. Farina District Judges District Court Administrator Joseph C. Madenspacher Senior Judges Russell A. Glass Deputy Court Administrator Magisterial District Judges Mark J. Wilson Lisa Miller Diane M. Fralich Eleanor L. Gerlott David H. Mueller Director Adult Probation Director Court Reporter Director Domestic Relations Librarian Law Library Director Juvenile Probation Jennifer Mulroney Annie L. Flaud Beverly A. Kirby Daniel D. Scarberry Chris A. Reed ADCA-Criminal ADCA-Civil ADCA-Judicial Info. Systems ADCA-Bail/Pre-Trial Services. ADCA-HR/Fiscal/Purchasing LANCASTER COUNTY COURT OF COMMON PLEAS History of the Court The Second Judicial Court The Act of April 13, 1791 that implemented the judicial parts of the Constitution of 1790 provided that Pennsylvania shall be divided into five districts or circuits, the second of which shall consist of Chester, Lancaster, York, and Dauphin Counties. The Act of February 24, 1806 divided the state into ten dis- tricts, with Lancaster, York, and Dauphin counties forming the second district. The Act of February 6, 1815 put Lebanon and Dauphin coun- ties into the twelfth district, leaving only Lancaster and York counties in the second. The Act of April 11, 1835 removed York County from the sec- ond and joined it into Adams County, creating the nineteenth district. Consequently, Lancaster County alone constituted the second district from May 11, 1835 onward to the present. When William Penn drafted his “Frames of Government” for Pennsylvania, the Eng- lish system was adopted. Judges skilled in the law administered justice in cases of serious felonies and heard appeals in regional courts, while Justices of the Peace, appointed from local citizenry, handled lesser offenses and administrative duties. Lancaster County was well-served by its early Justices of the Peace. Most of the men appointed were exception- al citizens, and many had served in the Pennsylvania Assembly as legislators. The provi- sions of the Pennsylvania Constitution of 1790 required for the first time that local courts have a presiding Judge “learned in the law”. William Augustus Atlee was commissioned as the first President Judge of the Lancas- ter County Court under the 1790 Constitution. He held court in a structure in Penn Square, with the first session extended over four days, beginning October 31, 1791. The two trials held during that term involved theft, one of a cow and one of a horse. The horse theft case had been ordered held over for re-trial by order of the pre-constitutional court, and the alleged cow thief was cleared on the condition that he pay court costs. Thus, both as to a place in which to conduct business and the beginnings of a case load, the 250 years of the constitutional judiciary we now celebrate owes a great debt to the sixty-two years of colonial and commonwealth judiciary which preceded it, and to William Penn’s foresight. After Lancaster County was established in May of 1729, the new Lancaster County Court held its first session in August 1729 at Postlethwaite’s Tavern. In 1737, the Coun- ty’s first Courthouse was constructed in the square. Here, Indian Chiefs met with the British in 1744, during the ensuing four-year war with France. It was also in this Court- house that the Continental Congress met on September 27, 1777 and that the Pennsyl- vania General Assembly met during the British occupation of Philadelphia. In 1786, af- ter this Courthouse was destroyed by fire, another was constructed in the square and used until 1853. In 1853, the Lancaster County Court met in Fulton Hall, now known as the Fulton Opera House, while the present Courthouse was being constructed between King, Duke, and Grant Streets. Sessions began here in 1854, and in 1977, the Court- house was expanded by an addition along Duke Street. Pursuant to Pennsylvania’s 1790 Constitution, Judge Atlee received his commis- sion for life subject to removal either by impeachment or for reasonable cause by the Governor upon a two-thirds vote of both branches of the legislature. In 1838, the new Constitution allowed for ten-year judicial appointments by the Governor with Senate approval. Later, an 1850 amendment removed all sitting judges and replaced them with judges selected by popular election. In 1874, that term was set at ten years, although Justices of the Pennsylvania Supreme Court were elected for twenty-one year terms. The 1968 amendments to the Constitution allowed for judges to be selected by popular election for their initial ten-year term and thereafter stand for either election or reten- tion. Prior to the 1968 amendments, judges who were appointed to the Common Pleas bench also sat as Judges of the Court of Oyer and Terminer and General Jail Delivery and the Court of Quarter Sessions of the Peace. Oyer and Terminer Courts tried felony cases and the Quarter Sessions Courts tried misdemeanors. The difference in court names made no difference in court functioning. The 1968 Constitutional amendments created a unified judicial system from the District Justice Court through the Supreme Court. Furthermore, Orphans’ Court was declared a division of the Court of Common Pleas; the two had previously been separate. Major legislative efforts, most notable in 1976, 1978, and 1980, have served to modernize, organize, and rationalize the admin- istration of justice for Pennsylvania citizens. Lancaster County Judges and Court Officials have often set the example for other court systems with innovative programs to improve the administration of justice. In 1960, the Court created a separate Domestic Relations division. With the cooperation of local industry, the Court implemented a Work Release program at the Lancaster Coun- ty Prison to encourage restitution to the victim and to promote rehabilitation of the of- fender. In 1980, a Special Offenders Services project was inaugurated within the Proba- tion and Parole Department of the Lancaster County Court. This project has received national recognition for its work in supervising persons with mental retardation who have been convicted of crimes. Past Judges William Augustus Atlee: (PJ) T. Roberts Appel: (PJ of OC) Judge 1791-1793; Died 9/9/1793 Judge 10/18/1940-1949; Died 11/13/1950 John Joseph Henry: (PJ) Joseph B. Wissler: (PJ) Judge 1794-1810; Died 4/15/1811 Judge 1/1942-1/1972; Died 5/8/1983 Walter Franklin: (PJ) John L. Bowman: (PF of OC) Judge 1/18/1811-2/7/1836; Died 2/7/1836 Judge 4/19/1949-1/1970; Died 11/2/1977 Charles Ogle: William G. Johnstone, Jr.: (PJ) Judge 4/1/1836; Judge 1/1956-1/1976; Died 6/18/1990 Resigned July 1836 without having taken his seat W. Hensel Brown: (PJ) Oristus Collins: (PJ) Judge 1/24/1966-1/1978; Died 8/7/1988 Judge 8/8/1836-7/1839 Anthony R. Appel: (PJ) Benjamin Champneys: (PJ) Judge 1/1970-1/1990 Judge 7/1839-10/8/1842 Paul A. Mueller, Jr.: (PJ) Ellis Lewis: (PJ) Judge 1/1976-1/1996 Judge 1/14/1843-11/14/1851 Ronald L. Buckwalter: Henry G. Long: (PJ) Judge 1/1980-1/2000 Judge 11/17/1851-12/1871 Louise G. Herr: Alexander L. Hayes: Judge 1/1986-4/30/1992; Died 4/30/1992 Judge 4/13/1854-1/1875 Wilson Bucher: John B. Livingston: (PJ) Judge 1972-1982; Judge 12/1881-2/13/04; Died 10/18/1906 Senior Judge 2000-2003; Died 2/4/16 David W. Patterson: D. Richard Eckman: Judge 12/3/1874-2/21/1892; Died 2/21/1892 Judge 1/2/1978-8/8/1999; Died 8/16/2002 David McMullen: Michael A. Georgelis: (PJ) Judge 3/2/1892-1/1893 Judge 1/6/1986-12/31/2006; Senior Judge 1/1/2007-12/31/2007 Henry Clay Brubaker: Judge 12/19/1982-3/29/1899; Died 3/29/1899 Wayne G.