Rule 1910.13-2. Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant.

 (a)  Request for a bench warrant pursuant to Rule 1910.13-1 shall be in substantially the following form and shall be attached to the Bench Warrant form set forth in subdivision (b) of this rule:

 [CAPTION]

 REQUEST FOR BENCH WARRANT AND
SUPPORTING AFFIDAVIT

 1. 


did not appear for a conference and/or hearing in the Court of Common Pleas of
County on the
day of
, 20
, which was scheduled by an order of court compelling this person’s appearance, a copy of which is attached to this request.

 2. The party received the order of court scheduling the conference and/or hearing in the following manner:

  (a) The order of court (i) was served upon the party by ordinary mail with the return address of the court thereon; (ii) the mail was not returned to the court within fifteen (15) days after mailing; and (iii) at a date after the order of court was mailed, the United States Postal Service has verified that mail for the party was being delivered at the address to which the court order was mailed.

  (b) The party signed a receipt indicating acceptance of the court order.

  (c) An employee of the court handed a copy of the court order to the party. The employee’s affidavit of service is attached.

  (d) A competent adult handed a copy of the court order to the party. The adult’s affidavit of service is attached.

 3.  This request for Bench Warrant is made within sixty days following the party’s failure to appear for the conference and/or hearing; and

  I have reviewed the records of the Court and the Domestic Relations Office concerning this case, and attest that the party has not appeared for any domestic relations matter involving the same parties since the date upon which the party failed to appear in violation of the attached order of court.

 4. In my capacity as hearing officer or conference officer, I request that the attached Bench Warrant be issued against the party named on account of the party’s failure to appear for a scheduled conference and/or hearing in violation of an order of court.

 The records of the Domestic Relations Section show that:

  the party owes support arrearages in the amount of $


.

  the party has failed to appear for


hearings relating to this case.

 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 relating to unsworn falsification to authorities.

 DATE:


  
NAME/OFFICIAL TITLE

 (b)  The Bench Warrant entered by a court pursuant to Rule 1910.13-1 shall be in substantially the following form, and shall be attached to the Request for Bench Warrant form set forth in subdivision (a) of this rule:

 [CAPTION]

 BENCH WARRANT

 AND NOW, this


day of
, 20
, the Sheriff of
County, or any constable, or police officer, or other law enforcement officer is hereby ordered to take
, residing at
, into custody for appearance before this Court.

 This bench warrant is issued because it appears that the (plaintiff) (defendant) has failed to appear, after notice, before the court for a scheduled conference and/or hearing.

 We command you, the arresting officer, forthwith to convey and deliver the party into the custody of the Court of Common Pleas of


County, at
,
, (address)(city) Pennsylvania, for a hearing.

 DESCRIPTIVE INFORMATION

 Social Security #


Sex

 D.O.B.


Age
Height

 Weight


Race
Eyes

 Hair


 Distinguishing features (scars, tattoos, facial hair, disability, etc.)



 Alias


 Telephone #


 You are further commanded that if the court is unavailable, the party may be held in the County Jail until the court is opened for business, at which time the party shall be promptly conveyed and delivered into the custody of the court at


,
,(address)…(city)     Pennsylvania, for hearing.

 The authority in charge of the county jail shall notify the sheriff’s office and the director of the domestic relations section forthwith that the party is being held pursuant to the bench warrant.

 Under no circumstances may the party be held in the county jail of the county that issued this bench warrant for more than 72 hours or the close of the next business day if the 72 hours expires on a non-business day. See Pa.R.Crim.P 150(A)(5).

 Bail in this matter shall be set as follows:

  No bail.

  Bail to be set in the amount of


.

   Official Note

   Standards for setting bail are set forth in Rule of Criminal Procedure 525.

 BY THE COURT:


JUDGE


Explanatory Comment—2005

   Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ‘‘district justice’’ to ‘‘magisterial district judge.’’ The amendments to Rule 1910.13-2 reflect the change in title.

Source

   The provisions of this Rule 1910.13-2 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended May 9, 2005, effective immediately, 35 Pa.B. 2994; amended November 6, 2006, effective February 6, 2007, 36 Pa.B. 7110. Immediately preceding text appears at serial pages (311801) to (311803).



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