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

Codes > Pennsylvania Rules of Civil Procedure > Actions for > Rule 1910.13-2

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 seventy-two hours or the close of the next business day if the 72 hours expires on a non-business day. SeePa.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 __________.

    BY THE COURT:

    ________________________________________________________________________________

    JUDGE

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