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PA Bulletin, Doc. No. 15-449

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1900 ]

Order Amending Rules 1901.7 and 1905 of the Rules of Civil Procedure; No. 614 Civil Procedural Rules Doc.

[45 Pa.B. 1250]
[Saturday, March 14, 2015]

Order

Per Curiam

 And Now, this 10th day of February, 2015, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 43 Pa.B. 5448 (September 14, 2013) and republished for additional public comment in the Pennsylvania Bulletin, 44 Pa.B. 2199 (April 12, 2014):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1901.7 and 1905 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days on March 12, 2015.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Rule 1901.7. Decision. Post-trial [relief] Relief.

 (a) The decision of the court may consist of only general findings of abuse but shall dispose of all claims for relief. The court's final order shall be rendered substantially in the form set forth in Rule 1905(e).

 (b) No motion for post-trial relief may be filed to the final order.

 Official Note: The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2.

 (c) If a final protection from abuse order directs the defendant to pay support to the plaintiff for the benefit of the plaintiff and/or a child, the plaintiff must file a complaint for support with the domestic relations section within two weeks of the date of the order or the support provisions of the order shall lapse automatically. If the plaintiff timely files with the domestic relations section, the support provisions of the final protection from abuse order shall remain in effect until a support order is entered.

 (d) The custody provisions of a Protection From Abuse order are temporary. Either party may initiate custody proceedings pursuant to the custody statute at 23 Pa.C.S. § 5321 et seq. Any valid custody order entered after the final Protection From Abuse order supersedes the custody provisions in paragraph 5 of the Protection From Abuse order.

*  *  *  *  *

Rule 1905. Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.

*  *  *  *  *

 (e) The Final Order of Court, or any amended, modified or extended Final Order of Court, entered pursuant to the Act shall be substantially in the following form, but the first page must be exactly as set forth in this rule:

*  *  *  *  *

 [  ] 5. Temporary custody of the minor children, (NAMES OF THE CHILDREN SUBJECT TO THE PROVISION OF THIS PARAGRAPH) shall be as follows:

 Check all that apply:

 [  ] STATE TO WHOM PRIMARY PHYSICAL CUSTODY IS AWARDED, STATE TERMS OF PARTIAL CUSTODY [OR VISITATION], IF ANY.




 [  ] There is a current custody order as to the children of the parties:

_________________
(county court)

_________________
(docket number)

 [  ] A custody petition is pending.

 [  ] A hearing is scheduled for


(date, time and location)

 [  ] THIS ORDER SHALL NOT SUPERSEDE THE CURRENT CUSTODY ORDER.

 [  ] THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CUSTODY.

 The custody provisions of paragraph 5 of this order are temporary. Either party may initiate custody proceedings pursuant to the custody statute at 23 Pa.C.S. § 5321 et seq. Any valid custody order entered after the final Protection From Abuse order supersedes the custody provisions of this order.

 [  ] 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS.

*  *  *  *  *

[Pa.B. Doc. No. 15-449. Filed for public inspection March 13, 2015, 9:00 a.m.]


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