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. 00-1032

THE COURTS

SNYDER AND UNION COUNTIES

Adoption of Local Rules; No. 27 Misc 2000

[30 Pa.B. 3028]

Order

   And Now, this 23rd day of February, 2000, effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin the following local rules are adopted:

17LR1901.  Appearance by Attorney.

   The appearance of an attorney on behalf of a party to a proceeding filed pursuant to the Protection from Abuse Act, 23 Pa.C.S.A. § 6101, et seq. (''the Act''), shall terminate upon the entry of a final order or the discontinuance or withdrawal of the action, as that term is defined in Pa.R.C.P. No. 1901, whichever shall first occur.

17LR1902.1.  Discontinuance Prior to the Entry of Final Order.

   (a)  In the event the Plaintiff wishes to discontinue an action after the entry of a temporary order, the Plaintiff shall file a praecipe in the following form:

PRAECIPE

   AND NOW, this ____ day of ______ , 20 __ , I, ______ , Plaintiff, being of the belief that I am no longer in danger from the Defendant, and that I am no longer in need of protection from him/her, do hereby request that the Temporary Order entered on the ______ day of ______ , 20 __ , be vacated, and that the Petition filed in this matter by me be marked as withdrawn.

_________________
Plaintiff

   (b)  Contemporaneously with the filing of the praecipe provided for in 17LR1902.1(a), the Plaintiff shall pay any and all applicable court costs. In the event that the Plaintiff asserts that the Plaintiff is unable to pay the said costs, Plaintiff shall submit the affidavit provided for in Pa.R.C.P. No. 240(h). The court will then review the said affidavit to determine if the court will waive the said court costs.

17LR1910.2.  Discontinuance After Entry of Final Order.

   (a)  In the event the Plaintiff wishes to discontinue an action under the Act after the entry of a final order granting relief pursuant to the Act, the Plaintiff may, with the written concurrence of the Defendant, file a praecipe requesting said relief in the following form.

PRAECIPE

   AND NOW, this ____ day of ______ , 20 __, I, ______ , Plaintiff, being of the belief that I am no longer in danger from the Defendant, and that I am no longer in need of protection from him/her, do hereby request that the final Order entered in this matter on the ____ day of ______ , 20 __ , be vacated and that the Petition filed in this matter by me be marked as withdrawn.

_________________
Plaintiff

   I, ______ , Defendant, do consent to the final Order entered in this matter on the ____ day of ______ , 20 __ , being vacated so that it is of no further force and effect.

_________________
Defendant

Date:  ______

   (b)  The party responsible for the payment of costs, as provided for in the final order which the Plaintiff is requesting be vacated must pay those costs prior to the court entering an order vacating the final order.

17LR1903.1.  Modification of Final Order.

   A party filing a motion to modify a final order entered pursuant to the Act shall be responsible for paying the filing fee for the filing of such a motion. If the party moving for the modification is the party ordered in the final order to pay the initial court costs the initial court costs shall be paid prior to the filing of the motion seeking modification of the final order.

17LR1903.2.  Modification of Custody Provisions of Final Order.

   The modification of the custody provisions of a final order entered pursuant to the Act shall not be addressed in the underlying action. A party seeking the modification of the custody provisions of a final order entered pursuant to the Act shall initiate a new custody case by the filing of a custody complaint in the form mandated by Pa.R.C.P. No. 1915.15(a). If such a complaint is filed pro se it shall be referred directly to a judge of this court, and is not to be processed through the pro se custody conference mechanism utilized in other pro se custody cases.

   The Court Administrator of the 17th Judicial District of Pennsylvania shall forward ten (10) certified copies of this Order to the Administrative Office of the Pennsylvania Courts for processing in accordance with Pa.R.J.A. No. 103(c)(2).

By the Court

HAROLD F. WOELFEL, Jr.,   
President Judge

[Pa.B. Doc. No. 00-1032. Filed for public inspection June 16, 2000, 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.