Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 05-646

THE COURTS

Title 255--LOCAL
COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 CV 1989

[35 Pa.B. 2097]

Order

   And Now this 28th day of March 2005, Dauphin County Local Rules are amended as follows:

Rule 1008B. Landlord and Tenant Appeals

   In cases where the tenant in possession of real property desires to appeal from a judgment for the possession of said real estate entered by a Magisterial District [Justice] Judge of the court and does not desire to or is unable to file a bond with surety as required by Pa. R.C.P.D.J. 1008B, such tenant, upon application to and approval by the Court, may be permitted to deposit rental payments coming due during the proceedings in the Court of Common Pleas in an escrow account in a bank or trust company approved by the Court. No withdrawals shall be permitted from any such escrow account except pursuant to court order. At the conclusion of the proceedings, such deposits shall be applied to the payment of any judgment (including costs) against the tenant rendered on the appeal.

Rule 1204. Venue

   A proceeding for emergency relief shall be brought in the magisterial district in which the abuse for which relief is requested occurred.

   If the Magisterial District [Justice] Judge for that district is unavailable, the proceeding shall be brought before the Magisterial District [Justice] Judge assigned for night court.

Rule 1208. Findings and Protection Orders

   The Magisterial District [Justice] Judge, when making an order of protection, shall

   (1) (a)  Secure the full name, address and telephone number where the complainant can be reached directly or where he/she can reliably and promptly receive messages.

   (b)  Secure the full name, address and telephone number of the person allegedly committing the abuse.

   (2)  Notify the complainant that the Magisterial District [Justice] Judge will certify the proceeding to the court at the resumption of the business of the court.

   (3) (a)  Advise the complainant to contact an attorney or contact [Central Pennsylvania Legal Services, Inc] Mid Penn Legal Services. The Magisterial District [Justice] Judge shall furnish the complainant with the address and telephone number of that agency and the Dauphin County Lawyer Referral Service.

   (b)  Advise the complainant of the existence of programs for victims of domestic violence in Dauphin County and nearby counties. The Magisterial District [Justice] Judge shall furnish the complainant with the addresses (if available) and telephone numbers of such programs.

Rule 1209A. Violation of a Temporary or Final Order

   Any violation of a temporary order of a Magisterial District [Justice] Judge shall be handled in accordance with Dauphin County Civil Rule 1905A.

Rule 1211. Certification to Court

   The Magisterial District [Justice] Judge shall certify and file the proceeding with the Prothonotary's Office no later than 11:00 AM on the day of the resumption of the business of the Court.

Rule 1905A. Violation of a Temporary or Final Order

   If a temporary order of a Magisterial District [Justice] Judge is violated, or if a temporary order or final order of a Judge is violated, it shall be presumed that the Court of Common Pleas is unavailable and the arresting police office shall take the defendant before an available Magisterial District [Justice] Judge. The Magisterial District [Justice] Judge shall advise the defendant:

   (1)  That he or she is being charged with violating a temporary order of a Magisterial District [Justice] Judge or Judge, as appropriate, or of a final order of a Judge; and

   (2) (a)  That, if a violation of a temporary order of a Magisterial District [Justice] Judge, the matter will be referred to the Court after which a hearing will be set within ten (10) days; or

   (b)  That, if a violation of a temporary order of a Judge, that a hearing has already been set and the defendant shall be told of the time and the place of that hearing; or

   (c)  That, if the violation is of a final order of the Court, a hearing will be set by the Court within ten (10) days of the Court's receipt of the notice of the alleged violation; and

   (3)  Of the defendant's right to counsel, and the address and telephone number of both the Dauphin County Lawyer Referral Service and the Dauphin County Public Defender's Office.

   The Magisterial District [Justice] Judge shall then consider bail for the defendant in accordance with Pa.R.C.P. 4001, 4002, 4003, 4004 and 4006. The Magisterial District [Justice] Judge shall consider, particularly, Rule 4003(a)(3) and the Court's concern for the safety of the person or persons the defendant has threatened as well as the likelihood of the defendant's appearance, as required, for court.

Rule 1905B. Private Criminal Complaint for Violation of Order or Agreement

   (a)  In lieu of filing a complaint with the police, a plaintiff may file a private criminal complaint against a defendant alleging indirect criminal contempt for a non-economic violation of any provision of an order or court-approved consent agreement issued under the Protection from Abuse Act, 23 Pa.C.S. § 6101 et seq., with the Office of District Attorney or the Magisterial District [Justice] Judge in the district where the violation occurred in accordance with the following procedure:

   (1)  With the Office of District Attorney--The Plaintiff may file with the Office of District Attorney a private criminal complaint on a form approved by the Court. The District Attorney's Office shall review the complaint and if the allegations taken as true support a finding of contempt, the District Attorney shall docket the complaint with the Prothonotary by 11:00 a.m. of the next business day and the Prothonotary shall forward it to the Judge who handled the original order or consent agreement. The Judge shall review the allegations and if the Judge finds that probable cause exists, the Judge shall issue a warrant or summons. If the Court issues a summons, the summons shall indicate the time, date and place for hearing on the indirect criminal contempt allegations. If the court issues a warrant, the court shall forward the warrant to the Sheriff of Dauphin County. The Sheriff of Dauphin County shall forward the warrant to the appropriate police agency for service. Upon arrest, the defendant shall be taken to the appropriate Magisterial District [Justice] Judge without unnecessary delay. The defendant shall be afforded a preliminary arraignment pursuant to 23 Pa.C.S. Section 6113(d) and bail shall be set. The court shall schedule a hearing within ten (10) days of the filing of the private criminal complaint if the Judge finds that probable cause exists. If the Judge finds that sufficient grounds are not alleged in the complaint, the Judge may summarily dismiss the complaint without a hearing.

   (2)  With the Magisterial District [Justice] Judge in the district where the violation occurred--The Plaintiff may file with the Magisterial District [Justice] Judge in the district where the violation occurred a private criminal complaint on a form approved by the court. Upon review and determination of probable cause, the Magisterial District [Justice] Judge shall issue a warrant or summons. If the Magisterial District [Justice] Judge issues a summons, the summons shall indicate that the defendant will be informed by the court of the time, date and place for hearing on the indirect criminal contempt allegations. If the Magisterial District [Justice] Judge issues a warrant, the Magisterial District [Justice] Judge shall cause the warrant to be forwarded to the appropriate police agency for service. Upon arrest, the defendant shall be taken to the Magisterial District [Justice] Judge without unnecessary delay. The defendant shall be afforded a preliminary arraignment pursuant to 23 Pa.C.S. Section 6113(d) and bail shall be set. The Magisterial District [Justice] Judge shall cause the complaint to be forwarded to the Prothonotary by 11:00 a.m. of the next business day and the Prothonotary shall docket the complaint and forward it to the Judge who handled the original order or consent agreement. The Judge shall schedule a hearing within ten (10) days of the filing of the private criminal complaint.

Rule of Criminal Procedure 301. Accelerated Rehabilitative Disposition (ARD) in Summary Cases

   (b)  Program Costs: The costs taxable under each docket number shall be $50 (fifty dollars), in addition to restitution, if any, both of which shall be payable no later than the day of admission to the program. The Magisterial District [Justice] Judge may, in appropriate cases, waive or defer payment of the ARD fee. Restitution may not be waived. The defendant shall further agree, as a condition of the ARD program, to pay the costs of any recommended treatment and/or community service program, and further pay any assessed probation supervision fees.

   (d)  Program Conditions: An offender admitted to ARD shall comply with the following:

   (i)  Obey all federal, state and local penal laws, and all rules of probation.

   (ii)  Complete a minimum of 20 hours of community service.

   (iii)  Undergo a drug and alcohol evaluation, if required by the Magisterial District [Justice] Judge, and complete any recommended treatment.

   (iv)  Complete any other adjudication alternative program as directed by the Magisterial District [Justice] Judge.

   (e)  Program Admission and Completion: An eligible offender may be admitted to ARD by the Magisterial District [Justice] Judge upon the motion of the District Attorney. Bail, security or other collateral shall terminate upon entry. Admission to ARD shall not affect any period of license suspension/revocation directed by statute. Upon satisfactory completion of the program, the charges against the defendant shall be dismissed. The record of arrest shall not be affected by the operation of this local rule, however upon successful completion of the program, the case record shall be sealed by the Magisterial District [Justice] Judge.

   The Magisterial District [Justice] Judge, in all cases where he/she finds the defendant guilty through trial and therefore ineligible for ARD, may refer the defendant to the program as part of a post-dispositional order. In all such cases the issuing authority shall consider imposing a fine with the provision that the fine be vacated or reduced if the defendant successfully completes the program. Restitution may not be reduced under this provision.

   (f)  Program Monitoring: The Dauphin County Adult and Juvenile Probation departments, or representatives from an adjudication alternative program, or Pre- Trial Services, are hereby authorized to monitor and supervise a defendant's progress in the summary ARD program. Further such organizations shall inform the Magisterial District [Justice] Judge of either the offender's successful completion, or the failure to complete, and in the latter case may testify as to the reasons thereof in program revocation proceedings. An allegation that the defendant has violated a condition of ARD must be brought during the term of the program, or if filed thereafter, within a reasonable time after the alleged violation was committed.

   (g)  Revocation: Should a defendant fail to comply with any condition of the ARD program, he or she may be revoked from the program by order of the Magisterial District [Justice] Judge at a revocation hearing where the defendant will be afforded an opportunity to be heard. The Magisterial District [Justice] Judge may issue such process as is necessary to bring the defendant before the Court. Should the defendant fail to appear after receiving notice of a revocation hearing, the Magisterial District Judge [Justice] may issue a warrant pursuant to Pa.R.Crim.P. 430. No appeal shall be allowed from a revocation order.

   Upon revocation from the summary ARD program, or if a defendant declines to accept the program, the case shall thereafter be scheduled for trial pursuant to Chapter 4 of the Pennsylvania Rules of Criminal Procedure.

   (h)  Monthly Report: Magisterial District [Justice] Judges shall submit a monthly report on the disposition of all cases which have applied for entry to ARD to the District Attorney. Should admission to ARD be denied, the reasons for such denial shall be included.

Rule 520. Types of Bail

   (a)  A Magisterial District [Justice] Judge or a Judge of the Court of Common Pleas may allow defendants charged with a crime or crimes to post as bail with the Magisterial District [Justice] Judge or Clerk of Courts a sum of money, in United States currency, equal to ten (10%) percent of the full amount of the bail, fixed by the Magisterial District [Justice] Judge or Judge of the Court of Common Pleas in those cases where the defendant or other surety evidences sufficient financial reliability as to the full amount of the bail.

Rule 205.2(a)(1) Physical Characteristics of Pleadings and Other Legal Papers

   (k)  With the initiating filing and all subsequent filings, in cases where Medical malpractice is or will be alleged, the notation [''medical malpractice''] ''Civil Action--Medical Professional Liability Action'' shall appear on all captions directly underneath the docket number.

   These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

RICHARD A. LEWIS,   
President Judge

[Pa.B. Doc. No. 05-646. Filed for public inspection April 8, 2005, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.