MODIFICATION 4.54
                                                              Version 4
                                                       February 2, 2002
                                                            Page 1 of 2




INSERT THIS PAGE BETWEEN THE FOLLOWING PAGES:

O80 AND O81, CRIMINAL/MISCELLANEOUS DOCKET MANUAL, MISCELLANEOUS DOCKET 
CHAPTER



            AMENDMENTS TO PETITIONS FOR EMERGENCY RELIEF FROM ABUSE (PFA)

     Effective February 2, 2002, The Pennsylvania Supreme Court has 
approved amendments to the Rules of Civil Procedure for District Justices 
that govern petitions for emergency relief from abuse.  


DJS Changes

     New Rule 1206 provides that the petition shall be filed and service 
shall be made without prepayment of costs.  The question on the Protection 
from Abuse Case Entry screen, "Is the Defendant Indigent (Y/N)," has been 
removed. As a result, the DJS will only allow a NP (nonpayment) receipt to 
be Generated during the PFA docketing process.  

     Since there is no longer prepayment of costs for the filing of an
emergency PFA, the procedures for filing in forma pauperis are no longer 
applicable.  Therefore, the In Forma Pauperis Petition for Emergency Relief
from Abuse form (AOPC 307B) and (AOPC 307BS) no longer prints.

     Language on the Petition for Emergency Relief from Abuse (AOPC 307A),
has been modified.  The wording "incompetent adult" has been replaced with 
"incapacitated person."
 

 










                                                      MODIFICATION 4.54
                                                              Version 4
                                                       February 2, 2002
                                                            Page 2 of 2


Other PFA Procedural Changes

     Amendments to Rule 1204 expands venue.  The PFA proceeding may
now be brought in a magisterial district in the county in which the 
plaintiff resides, either temporarily or permanently, or where the 
abuse took place.   Rule 1204, however, provides that if the 
plaintiff is requesting possession of a residence to the exclusion
of the defendant, the action can only be brought in the magisterial 
district in the county in which the residence is located.  

     New Rule 1209 requires that the hearing officer provide a copy 
of the order to the plaintiff.  The hearing officer, or the plaintiff,
when necessary, must also deliver a service copy of the order to the 
police officer, police department, sheriff, or certified constable 
for service upon the defendant.

     Also, remember that the emergency PFA order shall expire at the
end of the next business day the Court deems itself available.  Since 
this language already appears and continues to appear on the Petition
for Emergency Relief from Abuse form, this is only a reminder.