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PA Bulletin, Doc. No. 14-2546

THE COURTS

FAYETTE COUNTY

Local Rules 1901.1-2 and 1901.1-3; No. 2414 of 2014 GD

[44 Pa.B. 7662]
[Saturday, December 13, 2014]

Order

 And Now, this 19th day of November, 2014, pursuant to Rule 239 of the Pennsylvania Rules of Civil Procedure, it is hereby ordered that Local Rule 1901.1-2 and Local Rule 1901.1-3 are amended as set forth as follows.

 The Prothonotary is directed as follows:

 (1) One certified copy of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.

 (2) Two certified copies and diskette of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 (3) One certified copy of the Local Rule shall be sent to the State Domestic Relations Procedural Rules Committee.

 (4) One certified copy shall be sent to the Fayette County Law Library.

 (5) One certified copy shall be sent to the Editor of the Fayette Legal Journal.

 This Local Rule shall be continuously available for public inspection and copying in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.

 This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

JOHN F. WAGNER, Jr., 
President Judge

Rule 1901.1-2. Commencement in Court.

 (a) A petition for Protection From Abuse (PFA) shall be presented to the Court as a routine motion in accordance with Fayette County Rule 208.3 and assigned to the PFA Judge who will schedule a hearing on the petition.

 (b) If the petition seeks temporary relief for protection from abuse and alleges immediate and present danger of abuse to the plaintiff and/or minor children, the same shall be presented directly to the assigned PFA Judge on any business day from 8:30 A.M. through 3:00 P.M.; the PFA Judge will, at the earliest possible time consistent with his/her schedule, conduct an ex parte proceeding. Thereafter, the Court may enter such temporary order, as it deems necessary to protect the plaintiff and/or minor children pending hearing on the petition.

 (c) Assistance and advice to plaintiffs not represented by counsel.

 (1) Petition forms and written information referring individuals to the local domestic violence program, Southwestern Pennsylvania Legal Aid Society, and Fayette County Bar Association Lawyer Referral Service shall be provided by the Prothonotary.

 (2) Clerical assistance in the preparation and filing of the petition shall be provided by the local domestic violence agency, if available.

 (3) PFA petition forms and instructions are available in the Fayette County Law Library or on the website of the Administrative Office of Fayette County Courts at www.co.fayette.pa.us.

Rule 1901.1-3. Emergency Relief by the Minor Judiciary.

 (a) From 3:00 P.M. each day to the resumption of business at 8:30 A.M. the next morning; from 3:00 P.M. of the last day of the business week to 8:30 A.M. of the first day of the next business week; during any holiday; and at any other time that the assigned PFA Judge is declared to be unavailable, a Petition for Protection from Abuse seeking ex parte emergency relief based upon an allegation of immediate and present danger of abuse to the plaintiff and/or minor children shall be filed with the Magisterial District Judge in the district where the plaintiff lives or, when unavailable, with the court ordered Duty Magisterial District Judge, who may grant relief in accordance with the Act.

 (b) Magisterial District Judge.

 (1) The Magisterial District Judge shall provide petition forms and assist in the preparation thereof.

 (2) If, following an ex parte proceeding, the Magisterial District Judge determines that emergency relief is warranted; he/she shall issue an emergency order.

 (3) The Magisterial District Judge shall certify the emergency order issued and the petition to the Court.

 (4) The Magisterial District Judge shall advise the plaintiff that the emergency order will expire at 3:00 P.M. on the next business day of Court.

 (5) The Magisterial District Judge shall advise the plaintiff that the plaintiff is responsible for obtaining the certified record from the Magisterial District Judge and for filing the certified record with the Prothonotary on the next business day of Court.

 (c) Prothonotary.

 (1) The Prothonotary shall accept the certified record from the plaintiff for filing without the payment of fees.

 (2) The Prothonotary shall provide the plaintiff with a verified statement form which must be completed by the plaintiff setting forth the abuse by the defendant, if the abuse has not already been set forth in the Petition for Emergency Order.

 (3) The Prothonotary shall provide the plaintiff with a copy of the petition, verified statement and emergency order and advise the plaintiff to present same to the assigned PFA Judge for ex parte proceedings as provided for in 1901.1-2(b).

[Pa.B. Doc. No. 14-2546. Filed for public inspection December 12, 2014, 9:00 a.m.]


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