THE COURTS
Title 255—LOCAL
COURT RULES
WASHINGTON COUNTY
Local Rules 1901.1-1 Through 1901.1-10 Actions Pursuant to the Protection From Abuse Act; 1901.2 Through 1901.2-4 Actions Pursuant to the Older Adults Protective Services Act; No. 2011-1
[41 Pa.B. 4208]
[Saturday, August 6, 2011]
Order And Now, this 13th day of July, 2011; It Is Hereby Ordered that the previously-stated Washington County Local Civil Rules be restated as follows.
These rules will become effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President JudgeL-1901.1-1. Actions Pursuant to the Protection From Abuse Act.
Pursuant to the authority set forth in the Protection from Abuse Act of December 19, 1009, P.J. 1240, as amended, 23 Pa.C.S. § 6101 et seq., the following practices, procedures, and rules are promulgated.
It is the purpose and policy of the Court of Common Pleas of Washington County, Pennsylvania, to implement and effectuate the Protection from Abuse Act and its amendments to protect victims from abuse, to streamline and facilitate enforcement; to establish duties upon the Prothonotary, the Sheriff, Magisterial District Judges, and police departments; and to provide for emergency relief.
L-1901.1-2. Commencement in Court.
a. Petitions for Protection from Abuse shall be presented to the appropriate Family Court Judge, who will schedule a hearing on the petition. If the plaintiff petitions from a temporary order and alleges immediate and present danger of abuse, the Court may conduct an ex-parte proceeding and may enter a temporary order as it deems necessary.
b. Assistance and advice to individuals not represented by counsel
1. Forms sufficient for this purpose shall be provided by the Washington County Prothonotary, or by Domestic Violence Services of Southwestern Pennsylvania.
2. Clerical assistance to help with writing and filing the petition shall be provided by the Prothonotary, or by Domestic Violence Services of Southwestern Pennsylvania.
3. Written instructions, in English and in Spanish, to the local domestic violence program, to the Southwestern Pennsylvania Legal Aid Society, and to the Washington County Bar Association Lawyer Referral Service shall be provided by the Prothonotary.
4. Petitions will be accepted between 9:00AM and 3:15PM, Monday through Friday except court holidays.
L-1901.1-3. Emergency Relief by the Minor Judiciary.
a. From 3:15 p.m. each day to the resumption of business at 9:15 a.m. the next morning and from 3:15 p.m. of the last day of the business week to 9:15 a.m. of the first day of the next business week, a petition for protection from abuse may be filed before the Magisterial District Judges in the district where the plaintiff lives or the on-call Magisterial District Judge who may grant relief in accordance with the Act.
b. An order issued under subsection (a) will expire at 3:15 p.m. on the next business day.
c. Magisterial District Judge.
1. The Magisterial District Judge shall certify the emergency order issued under subsection (a) and the petition to the Court.
2. The Magisterial District Judge shall advise the plaintiff that the plaintiff is responsible for picking up the certified record at the Magisterial District Judge's office on the next business day of court and filing it with the Prothonotary of Washington County.
3. The Magisterial District Judge shall advise the plaintiff regarding the procedure for initiating a contempt charge.
4. The Magisterial District Judge shall advise the plaintiff of the existence of programs for victims of domestic violence and the availability of legal assistance.
d. Prothonotary.
1. The Prothonotary shall accept the certified record from the Magisterial District Judge for filing and assign a case number.
2. The Prothonotary shall provide the plaintiff with a copy of the petition and emergency order and advise the plaintiff to take the documents to the Domestic Violence Services of Southwestern Pennsylvania.
e. Family Court Judge.
1. The Family Court Judge will schedule hearings on protection orders issued under subsection (a) and will review and continue in effect protection orders that are necessary to protect the plaintiff until the hearing.
2. The Family Court Judge may order service of the petition, emergency and temporary order by the Sheriff pursuant to L-1901.1-4(b).
L-1901.1-4. Service of Petition and Order.
a. The plaintiff shall ensure that the petition and order are promptly served upon the defendant and that the order is served upon police departments with appropriate jurisdiction to enforce the order.
b. Where the plaintiff avers that service cannot be safely effectuated by an adult individual other than a law enforcement officer and the Court so orders, the Sheriff of Washington County shall serve the petition and order on the defendant. The Sheriff shall advise the Court that service has been effectuated, as well as the cost of service.
c. If the Court orders service by the Sheriff upon the defendant, the plaintiff shall promptly serve the order upon the appropriate police departments.
L-1901.1-5. Arrest for Violation of Order.
a. If the defendant is arrested for violation of a Protection from Abuse order, the defendant shall be taken before the Magisterial District Judge in the district where the alleged violation occurred or the on-call Magisterial District Judge.
b. The defendant shall be arraigned forthwith pursuant to the Pennsylvania Rules of Criminal Procedure and Washington County Local Court Rules.
c. Bail shall be set to insure the defendant's presence at the contempt hearing in accordance with Pa.R.Crim.P. 520 et seq.
d. Procedure for scheduling hearing before the Court:
1. Violation of an order issued by the Washington County Court of Common Pleas.
i. The Magisterial District Judge shall schedule the hearing before the appropriate Family Court Judge at 9:30 AM on the next date that the judge will hear Protection from Abuse related matters.
2. Violation of an order issued by a Magisterial District Judge or court in another judicial district within the Commonwealth or an order issued by a court of another state.
i. The Magisterial District Judge shall schedule the hearing before the appropriate Family Court Judge at 9:30 AM on the next date that the judge will hear Protection from Abuse related matters.
e. The Magisterial District Judge shall inform the arresting officer, the plaintiff, and the defendant of the hearing date and time. Written notice of the hearing shall be delivered to the plaintiff and defendant and each shall sign a receipt.
f. The Magisterial District Judge shall cause the following completed forms to be delivered to the Clerk of Courts: (1) criminal complaint; (2); probable cause affidavit; (3) certificate of bail, if required, and discharge of commitment; and (4) receipts for notice of hearing. The documents shall be delivered by 9:00 a.m. on the morning of the hearing. Delivery may be made by the arresting officer.
L-1901.1-6. Private Criminal Complaint for Violation of Order or Agreement.
a. The private criminal complaint shall be filed with the Magisterial District Judge in the jurisdiction in Washington County where the abuse occurred or with the on-call Magisterial District Judge.
b. The approval of the District Attorney of Washington County is not required prior to the filing of a private criminal complaint under this section.
c. The procedure for filing a private criminal complaint for indirect criminal contempt for violation of a non-economic provision of an order or court-approved consent agreement pursuant to Section 6113.1 of the Act is as follows:
1. Magisterial District Judge.
i. The Magisterial District Judge shall prepare the private criminal complaint and notices of hearing.
ii. The Magisterial District Judge shall schedule the hearing before the appropriate Family Court Judge at 9:30 AM on the next date that the judge will hear Protection from Abuse related matters.
iii. The Magisterial District Judge shall give the plaintiff a copy of the private criminal complaint and notice of hearing, receipt of which shall be acknowledged in writing by the plaintiff.
iv. The Magisterial District Judge shall forward the original documents to the Clerk of Courts of Washington County.
2. Clerk of Courts.
i. The Clerk of Courts shall process the documents received from the Magisterial District Judge and forward them to the Family Court Judge before whom the hearing is scheduled.
d. The procedure for service of the private criminal complaint is as follows:
1. The Magisterial District Judge shall serve a copy of the private criminal complaint and notice of hearing on the defendant by certified mail, return receipt requested.
2. The Magisterial District Judge shall notify the Family Court Judge, before whom the hearing is scheduled, that the return receipt has been received or that the private criminal complaint has been returned undeliv- ered.
L-1901.1-7. Civil Contempt for Violation of Order or Agreement.
a. A plaintiff may file a petition for civil contempt or modification, alleging that a defendant has violated any provision of an order or court-approved consent agreement.
b. Plaintiff shall obtain a hearing date from the issuing Judge at that Judge's regularly scheduled motions court.
c. Plaintiff shall cause the petition and order scheduling a hearing to be served upon the defendant.
L-1901.1-8. Notification Upon Release.
a. Criminal Victim/Witness Assistance Program shall use all reasonable means to notify the plaintiff sufficiently in advance of the release of the defendant from any incarceration imposed as a result of a finding of contempt.
b. Notification shall be required for work release, furlough, medical leave, community service, discharge, escape, and recapture. Notification shall include the terms and condition imposed on any temporary release from custody. The plaintiff shall keep the Crime Victim/Witness Assistant Program advised of contact information; failure to do so will constitute a waiver of any rights to notification under these provisions.
L-1901.1-9. Modification, Extension or Withdrawal of Order or Agreement.
a. A plaintiff or defendant may file a petition for modification, extension or withdrawal of an order or consent agreement any time during the pendency of the order.
b. The party seeking modification shall file a petition through the Domestic Violence Services of Southwestern Pennsylvania and a hearing shall be scheduled for the next available hearing date for modifications or extension.
c. The hearings for modification, extension or withdrawal of an order or consent agreement will be held once per month and will be scheduled for 1:00 PM.
d. The party seeking modification shall cause the petition and order scheduling the hearing to be promptly served upon the opposing party.
e. No orders for withdrawal will be permitted unless the costs for both the Prothonotary and Sheriff's service are paid.
L-1901.1-10. Registry: Out of State Orders.
a. The Prothonotary shall maintain a registry in which shall be entered certified copies of protection from abuse orders issued by a comparable court in another state.
b. A valid order may be registered by the plaintiff by obtaining a certified copy of the order of the issuing court endorsed by the Prothonotary of that court and filing and presenting that certified order to the Prothonotary of Washington County.
c. Upon receiving a certified order for registration, the Prothonotary shall provide the plaintiff with a copy bearing proof of registration to be filed with the appropriate law enforcement agency.
d. No costs shall be assessed for registration of an order.
L-1901.2. Actions Pursuant to Older Adults Protective Services Act.
L-1901.2-1. Definitions.
''Act'' means ''older Adults Protective Services Act'' No. 79, effective July 1, 1988, 35 P. S. § 10211 et seq.
''Action'' means a petition to enjoin interference with services, or to require access to persons or to records as set further in Section 7 of the Act, or an emergency petition as set forth in Section 10 of the Act.
L-1901.2-2. Commencement of Action.
a. Except as provided in subsection (b), an action shall be commenced by filing with the Prothonotary a petition, setting forth a concise statement of the facts relied upon to justify the relief requested, and a prayer for the relief desired.
b. Filing in the office of the Prothonotary a certified order of a Magisterial District Judge entered pursuant to L-1901.2-4.
L-1901.2-3. Service.
a. Service of the petition or certified order of the Magisterial District Judge shall be made pursuant to Pa. Rules of Civil Procedure 400 et eq.
b. An order entered under Sections 7 and 10 of the Act shall be served and enforced by such persons and in such manner as the Court shall direct in the order.
L-1901.2-4. Hearings.
a. Within ten (10) days after the filing of a petition under Section 7 of the Act, the Motions Judge of the Court of Common Pleas shall schedule a hearing at which the petitioner must prove the facts justifying the relief requested by a preponderance of the evidence. The Court shall advise the respondent of his right to be represented by counsel. No pleading need be filed in response to the petition.
b. Emergency petitions pursuant to section 10 of the Act shall be presented to the Motions Judge of the Court of Common Pleas during normal Courthouse hours; otherwise to the on-call Magisterial District Judge. The Motions Judge or Magisterial District Judge shall accept and decide such emergency petitions promptly pursuant to Section 10 of the Act.
c. Certified orders of the Magisterial District Judge shall be filed in the Prothonotary's office by 9:15 a.m. on the following business day, at which time they shall expire.
d. The Magisterial District Judge shall advise the petitioners of the need to appear before the Motions Judge at 9:15 a.m. on the Court's next business day for continuing relief.
[Pa.B. Doc. No. 11-1313. Filed for public inspection August 5, 2011, 9:00 a.m.]
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