Fay. Cnty. Pa. 1901.1-3

As amended through September 26, 2023
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).

Fay. Cnty. Pa. 1901.1-3

Amended November 19, 2014, effective 1/12/2015.