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PA Bulletin, Doc. No. 01-2268

THE COURTS

Title 255--LOCAL
COURT RULES

CARBON COUNTY

Protection From Abuse Act; No: 01-2712

[31 Pa.B. 6919]

Administrative Order 27-2001

   And Now, this 7th day of December, 2001, pursuant to the Protection From Abuse Act 1990, Dec. 19, P. L. 1240 No. 206, 23 Pa.C.S., Section 6101 et seq and Pa.R.C.P. 1901.2, it is hereby

   Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas Establishes the following procedure relative to the filing of Protection From Abuse actions:

   1.  Due to the time necessary to complete the Protection From Abuse intake process, this Court deems itself Unavailable from 3:00 P.M. each business day to the resumption of business on the next morning that the Court is in session at 8:30 A.M.

   2.  During any such period in which the Court is not available, a Petition for Temporary Protection From Abuse may be filed before any District Justice within the County who may grant relief in accordance with the relevant provisions of the Protection From Abuse Act if that District Justice deems it necessary to protect the Plaintiff or Minor Children from abuse, upon cause shown, in an ex parte proceeding. Immediate and present danger of abuse to the Plaintiff or Minor Children shall constitute cause shown.

   3.  Any order issued by a District Justice shall remain in full force and effect until the end of the next business day in which the Court is in session.

   4.  Upon issuance of an Emergency Order, the District Justice shall provide the Plaintiff with instructions regarding the commencement of proceedings in the Court of Common Pleas at the beginning of the next business day between 8:30 A.M. and 3:00 P.M. and regarding the procedures for initiating a contempt charge should the Defendant violate the Emergency Order. The District Justice shall also advise the Plaintiff of the existence of programs for victims of domestic violence in the County and shall inform the Plaintiff of the availability of legal assistance without cost if the Plaintiff is unable to pay for legal assistance.

   5.  This Administrative Order shall remain in full force and effect until further notice.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3. File one (1) certified copy with the Civil Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order in the Prothonotary's Office.

By the Court

RICHARD W. WEBB,   
President Judge

[Pa.B. Doc. No. 01-2268. Filed for public inspection December 21, 2001, 9:00 a.m.]


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