Rule 1901.3. Commencement of Action.

 (a)  Except as provided in subdivision (b), an action shall be commenced by presenting to the court or filing with the prothonotary a petition setting forth the alleged abuse by the defendant. The petition shall be substantially in the form set forth in Rule 1905(b) and shall have as its first page the Notice of Hearing and Order set forth in Rule 1905(a).

 (b)  An action may be commenced by filing with the prothonotary a certified copy of an emergency order entered pursuant to 23 Pa.C.S.A. §  6110, including orders issued by masters for emergency relief.

 (c)  Any fees associated with this action shall not be charged to the plaintiff.

 (d)  The master for emergency relief shall follow the procedures set forth in the Pennsylvania Rules of Civil Procedure Governing Actions and proceedings before magisterial district judges for emergency relief under the Protection From Abuse Act.

Explanatory Comment—2006

   New subdivision (c) reflects the 2005 amendments to the Protection From Abuse Act which prohibits charging fees or costs against the plaintiff. 23 Pa.C.S.A. §  6106(b). The 2005 amendments to 23 Pa.C.S.A. §  6110(e) of the Protection From Abuse Act authorize the use of masters for emergency relief which is reflected in new subdivision (d).


   The provisions of this Rule 1901.3 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial page (242778).

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