THE COURTS
Title 231--RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CH. 1900]
[RECOMMENDATION 52]
Technical Amendments to Rule 1905 Relating to Protection From Abuse Actions; No. 335; Civil Procedural Rules Doc. No. 5
[30 Pa.B. 3027]
Order Per Curiam:
And Now, this June 2, 2000, Pennsylvania Rule of Civil Procedure 1905 is amended as follows.
Whereas prior publication of proposed rulemaking would otherwise be required, it has been determined, pursuant to Rule of Judicial Administration 103(a)(3), that the amendments are of a perfunctory nature and that the immediate promulgation of this Order is required in the interests of justice and efficient administration.
This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT Rule 1905. Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.
* * * * * (e) The Final Order of Court entered pursuant to the Act shall be substantially in the following form.
* * * * * [ ] 2. Defendant is completely evicted and excluded from the residence at NON-CONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises.
[ ] On [insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made and [insert any other conditions] __________
__________
__________* * * * * [ ] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the Domestic Relations Section of the court within [fifteen days] two weeks of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party.
* * * * *
Explanatory Comment--2000 Paragraph 2 of the final order has been amended to enable courts to include additional conditions for the retrieval of personalty by the defendant in a section of the final order which permits arrest without a warrant if the conditions are violated. Paragraph 9 of the final order has been amended to require the filing of a support complaint within two weeks, rather than fifteen days, of the entry of a final order under the Protection From Abuse Act to prevent the automatic lapse of any temporary support provisions included in the order. This change is consistent with the statutory provisions at 23 Pa.C.S. § 6108(a)(5).
[Pa.B. Doc. No. 00-1029. Filed for public inspection June 16, 2000, 9:00 a.m.]
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