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COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
CIVIL DIVISION
IN RE: 43rd JUDICIAL DISTRICT
: No. 92 AD 2020
:
EMERGENCY ADMINISTRATIVE
:
ORDER COVID-19
: Supreme Court Docketing No.
EXTENSION OF JUDICIAL
:
EMERGENCY TO JUNE 30, 2021 :
:
38 MM 2020
EMERGENCY ADMINISTRATIVE ORDER
AND NOW, this 3rd day of December, 2020 pursuant to this Court’s Declaration of
Judicial Emergency dated March 16, 2020 and all subsequent Orders extending the
Judicial Emergency and in accordance with the Pennsylvania Supreme Court’s
Declaration of Judicial Emergency and Supplemental Orders issued as a result of the
COVID-19 Pandemic and; after consideration of the Orders, recommendations and
guidelines issued by the CDC, the Pennsylvania Department of Health and Governor’s
office, and numerous local and regional medical experts consulted by this Court; in
furtherance of the mandate of Pennsylvania Rule of Judicial Administration 1952(B)(2)
that the President Judge “take necessary action to provide for the …safety of court
personnel, court users and the public…”, and following a careful balancing of the public’s
right of access to courts against health, safety, and welfare concerns arising from the
COVID-19 pandemic that necessitated the Emergency Orders, We hereby AUTHORIZE
and ORDER the following:
1. The Declaration of Judicial Emergency dated March 16, 2020 is extended
through the 30th Day of June 2021, unless otherwise revoked by Order of the
President Judge of this Court or the Pennsylvania Supreme Court.
2. All Courts of the 43rd Judicial District, Monroe County, including Magisterial
District Courts and the Court of Common Pleas, shall remain generally open
for business with restricted public access. Court protocols are attached as
Exhibit “A”.
3. The Court of Common Pleas shall conduct all proceedings, where practicable,
using Advanced Communications Technology (ACT).
4. Magisterial District Courts shall conduct all hearings/proceedings using
Advanced Communications Technology (ACT).
5. Criminal and Civil jury selection and trials are SUSPENDED until further Order
of this Court.
6. In-person access to Court facilities is specifically limited to Court and County
employees whose main office is located within the particular Court facility.
Litigants with scheduled proceedings and visitors to every other office shall be
by appointment only and staggered to comply with Pennsylvania Department
of Health safety protocols for building and room occupancy. All persons
entering any Court facility are subject to the restrictions denoted in paragraphs
7-9 herein.
7. All Court employees and every person entering any Court Facility shall wear a
facial covering which covers the nose and mouth, in accordance with the Order
of the Secretary of the Pennsylvania Department of Health at the time of the
entry into the Court Facility (the Secretary’s Order, as well as any related
amendments,
updates,
or
new
orders, may
be
found
at
8. All persons in all Court Facilities shall at all times maintain physical distancing
9. Any person who meets one or more of the below criteria is prohibited from
https://www.health.pa.gov/).
of a minimum of 6 feet of separation.
entering the Court facility:
a. is currently directed to quarantine, isolate or self-monitor at home for
COVID-19 by any doctor, hospital or health agency; or
b. has been diagnosed with (and has not been medically cleared from
isolation), or has had close contact with anyone diagnosed with COVID-
19 (within the last fourteen (14) days); or
c. has flulike symptoms or a temperature over 100 degrees Fahrenheit; or
d. is not wearing a facial covering in accordance with paragraph 7 above;
or
Kathy Sauter, Magisterial District Court Administrator
Deborah Rivera, Deputy District Court Administrator
Ken Morris, Sheriff
Garry Haidle, Warden, Monroe County Correctional Facility
George Warden, Prothonotary/Clerk of Courts
Josephine Ferro, Register and Recorder
E. David Christine, Esq, District Attorney
James Gregor, Esq, Chief Public Defender
Monroe County Control Center
All Municipal Police Agencies within Monroe County
Pennsylvania State Police – Lehighton, Stroudsburg & Fern Ridge Barracks
East Stroudsburg University Police Department
Women’s Resources of Monroe County
Denise Burdge, Executive Director MCBA
Brian Jordan, Esq., President MCBA
Patricia Clancy, Information Services
Monroe County Board of Commissioners
Transitional Protocol Document (Last Revised 12/3/2020)
PHASE 3 OPERATIONS
TRANSITION
As the Court continues to navigate what may be the “new normal” in operations
and interaction with the public, We are mindful of our unwavering priority and goal of the
health and safety of our employees and the public which has guided us throughout this
pandemic.
In accordance with the extension of the judicial emergency through and including
June 30, 2021 ordered after consultation with state, regional and local medical experts,
review of the CDC and Pennsylvania Department of Health guidelines, and in compliance
with the spirit of Governor Wolf and the Secretary of Health’s orders, We promulgate the
following procedures for the 43rd Judicial District effective immediately, amending and
replacing the operational protocols promulgated in this Court’s Administrative Orders: 89
A.D. on September 2, 2020; 85 A.D. on June 12, 2020 and 83 A.D. on May 29, 2020.
A. GENERAL PROVISIONS
1. All persons entering any Court facility shall be screened using the COVID-19
questionnaire approved by the Court. Any person not meeting the health
questionnaire criteria may be denied access to any Court facility and alternative
accommodations will be made. Only persons who appear on lists provided to the
Sheriff’s Department will be admitted to the Court facility. The Sheriff’s staff will
continue to act as the “gatekeeper” in accordance with the emergency orders and
these procedures.
2. All persons entering any Court facility shall wear face coverings in accordance with
CDC and PA DOH guidelines, recommendations and Orders and this Court’s
Emergency Administrative Orders and shall comply with all requirements therein
including, but not limited to, maintaining physical distancing of at least 6 feet at all
times.
3. Courthouse boxes and a limited number of blank printed forms will remain at the
front door. Forms are available on the Court’s website at www.monroepacourts.us,
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
additional forms from the Prothonotary’s Office are available on the County’s
website: http://www.monroecountypa.gov/Dept/Prothonotary/Pages/default.aspx.
4. Litigants will be permitted in the facility no more than 10 minutes prior to a
scheduled proceeding and counsel shall speak with their clients outside of the
court facility prior to the proceeding. Witnesses will remain outside of the court
facility and will be called in as needed. Reasonable accommodations for the press
and for public access to proceedings will be made upon request to Court
Administration.
5. ACT will be used at all times for all proceedings when possible and practicable.
In-person appearances will continue to be limited unless otherwise ordered by the
presiding Judge and in accordance with the safety protocols of this Court.
6. Unless otherwise directed by the presiding Judge, documents/exhibits for use in
all types of proceedings must be emailed to the presiding Judge/Master/Hearing
Officer or Conciliator to an address provided and to all opposing counsel/parties a
minimum of 3 days prior to the scheduled proceeding or as specified herein or by
the presiding Judge. Exhibits must be pre-marked by counsel and able to be
displayed at the time of the proceedings in an electronic format with a copy to
opposing counsel/party.
7. All proceedings shall be staggered by time and shall be scheduled to ensure that
physical distancing in any given courtroom at all times and during ingress and
egress can be maintained. While this will inevitably create longer hearing times
and more “down time” in court, it remains necessary for the health of the public,
counsel and employees.
8. The Prothonotary/Clerk of Courts/Orphans Court will continue to receive filings via
U.S. Mail, email, or front door drop-off to Security and process same, create
motions lists, and immediately scan and docket each filing to insure electronic
means of review and scheduling.
9. All criminal pleadings shall be filed using PACFile (see Monroe Co.R.Crim.P.
10. Court Administration will send all motions/pleadings to all Judges’ chambers on a
576.1).
daily basis.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
11. Judicial Assistants will continue to create orders for electronic signature and filing
12. Court reporters/recorders will continue to provide orders for electronic signature
by each Judge where possible.
and filing for each Judge.
13. Court employees will not attend off-site conferences or trainings unless approved
by the President Judge or her designee.
14. Court events/meetings will be held using ACT where possible.
a. The Prothonotary will continue to provide litigants with ex parte applications
and forms in the courthouse lobby and will process same on the first floor.
Ex parte hearings will be held using GTM where possible.
b. Final, modification, and contempt of temporary order hearings will be
scheduled Mondays at 8:30 AM and 12:30 PM. Contempt of final order
hearings will be scheduled at alternate dates and times, using ACT where
practicable. No client signatures will be required for agreements. Witnesses
will wait outside unless called to testify at hearing.
2. CUSTODY
a. The custody office will contact counsel and any pro se litigants a minimum
of two weeks prior to scheduled conciliation conferences and arrange for
to be held using ACT. All new complaints and
the conference
motions/petitions in old cases must contain contact information for counsel
and pro se litigants including phone number and email.
b. A child(ren) will be interviewed only if counsel can assure, as an officer of
the Court, that the child(ren) can speak privately with the conciliator via
ACT.
CONTACT INFORMATION
Custody Department:
Phone - (570) 517-3822
Fax – (570) 517-3875
Email - drivera@monroepacourts.us
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
. FAMILY
1. PFA COURT
B
Transitional Protocol Document (Last Revised 12/3/2020)
3. DRO
a. Support conferences will continue to be held using ACT.
b. Master’s hearings will continue to be held using ACT. Documents for use
at hearing must be emailed/faxed to DRO and opposing counsel/party a
minimum of 7 days prior to hearing.
c. Support rules will be scheduled with 2 cases in each 15 minute block or 4
cases every half hour.
d. Support payments must be made using any of the methods listed at
www.childsupport.state.pa.us. Payments will not be accepted in person at
the Domestic Relations office.
e. Filings will be accepted via www.childsupport.state.pa.us, via email to
CS-Monroe@PACSES.com (must be filed in PDF format - one filing per
email) and through the U.S. Mail to the following address:
MONROE COUNTY DOMESTIC RELATIONS SECTION
610 MONROE STREET STE 110
STROUDSBURG, PA 18360-2280
f. Paternity testing will be scheduled on a case by case basis in a location
designated by DRO.
CONTACT INFORMATION
Domestic Relations Office:
Phone (Public / IVR) - (570) 517-3845
Fax – (570) 517-3867
Email - CS-Monroe@PACSES.com
4. DIVORCE
a. Masters hearings will be scheduled using ACT. Documents for use at the
hearing must be emailed/faxed to the Master and opposing counsel/party a
minimum of 7 days prior to hearing.
b. Pretrial conferences will be held using ACT and documents for use at the
the Master and opposing
to
conference must be emailed/faxed
counsel/party.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
c. Masters’ recommendations will be submitted electronically to the Judge
assigned for electronic signature and filing, or by hand delivery to the
Courthouse.
CONTACT INFORMATION
Divorces:
Phone - (570) 517-3096
Email - drivera@monroepacourts.us or
nsamaroo@monroepacourts.us
1. MORTGAGE FORECLOSURE
a. Conciliations will continue using ACT only. Conciliators will work with Court
Administration and use the already scheduled dates and times.
CONTACT INFORMATION
Mortgage Foreclosure:
Phone – (570) 517-3945
Email - gschaefer@monroepacourts.us
2. TAX ASSESSMENT APPEALS
a. Mediations will continue using ACT only for a first listing. The mediators will
work with Court Administration and use the already scheduled dates and
times. Should an in-person meeting become necessary, the mediator will
work with Court Administration to secure a venue where the participants
can practice physical distancing. All participants shall wear masks and
maintain a minimum of 6 feet of separation regardless of the venue.
3. MENTAL HEALTH ACT PROCEEDINGS
a. Petitions will continue to be filed electronically.
b. Hearings will be held using ACT, including witness testimony.
c. Mental Health Review Officers’ recommendations will be submitted
electronically to the Judge assigned for electronic signature and filing, or
by hand delivery to the Courthouse.
4. ALL CIVIL FILINGS
a. Pleadings shall be filed through the U.S. Mail, electronically or front door
drop-off to Security. The Monroe County Prothonotary is authorized to
accept filings by email, with pleadings attached as PDF documents, one
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
. CIVIL
C
Transitional Protocol Document (Last Revised 12/3/2020)
pleading per email. Pleadings shall be signed and shall comply with all local
and state rules and sent to protcivilfiling@monroecountypa.gov. Filing fees
shall be payable to the filing office and sent by first class mail within 7 days
of filing to the filing office at 610 Monroe Street, Stroudsburg, PA 18360.
b. Court Administration will continue to process new pleadings, including new
scheduling orders, pursuant to local rule.
c. Motions lists will be provided to Court Administration by the Prothonotary’s
Office and distributed to Judges for processing.
d. Bench trials shall be held using ACT as practicable and in limited emergent
circumstances in person with adherence to the Court’s safety protocols.
e. Civil Jury trials are SUSPENDED until further order of this Court.
5. ARBITRATIONS
a. Arbitrations will continue using ACT. All praecipes for arbitration must
include a telephone number and email address for attorneys and pro se
litigants, and Court Administration will assist the arbitrators in scheduling
and using ACT.
CONTACT INFORMATION
All Other Civil (not previously specified above):
Phone – (570) 517-3096
Email - drivera@monroepacourts.us
nsamaroo@monroepacourts.us
D. ORPHANS COURT
1. Pleadings shall be filed through the U.S. Mail, electronically or front door drop-off
to Security. The Monroe County Clerk of Orphans Court is authorized to accept
all filings by email with pleadings attached as PDF documents, one pleading per
email. Pleadings shall be signed and shall comply with all local and state rules and
sent to orphanscourtfiling@monroecountypa.gov. Filing fees shall be payable to
the filing office and sent by first class mail within 7 days of filing to the filing office
at 610 Monroe Street, Stroudsburg, PA 18360.
2. Hearings will be held using ACT where practicable.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
. JUVENILE - DELINQUENCY
1. DETENTION HEARINGS
If a Juvenile is detained during the day, an in-person hearing will be held as soon
as administratively possible that day. The Juvenile’s parents will be notified. If
they are available, they may appear. No other person may accompany the
Juvenile except upon a showing of good cause and necessity with the prior
approval of the Judge. If the Juvenile’s parents or guardians cannot appear in
person, then they may participate by ACT. Similarly, victims and witnesses shall
be permitted to testify or participate by ACT.
a. If a Juvenile is detained outside courthouse hours, then a Detention
Hearing will be conducted using ACT for all victims, witnesses, attorneys,
and other participants. The Juvenile shall participate from the detention
center.
b. If a Juvenile is released to home, then the Juvenile’s parents or guardians
shall pick the Juvenile up from the Courthouse or the Detention Center,
whichever applies, or make suitable other arrangements for pick up and
transportation of the Juvenile.
2. JUVENILE CALL
call.
a. Counsel for the Juvenile shall communicate with the Juvenile prior to the
b. Counsel for the Juvenile and the attorney for the Commonwealth shall
discuss cases prior to the call.
c. Juvenile Calls will be conducted by ACT. If a case is called for hearing, the
Juvenile and his or her parents or guardians shall be available by phone.
JPO and counsel for the Juvenile shall obtain their phone numbers. The
Juvenile and his parents or guardians shall be advised of the date and time
of the adjudication hearing via phone. Admissions and Consent Decrees
will be taken or scheduled during the call. The Juvenile and parents or
guardians must be immediately available for administration of appropriate
colloquies.
i. Closed admissions with immediate disposition are encouraged and
will be entertained. As with adult guilty pleas, counsel may ask for a
conference ahead of the call for pre-approval of closed admissions.
ii. Victims shall be notified in accordance with applicable rules and
laws. Victims, and if applicable their parents or guardians, may
appear by ACT.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
E
Transitional Protocol Document (Last Revised 12/3/2020)
3. ADJUDICATION HEARINGS
a. Adjudication hearings will be conducted in-person at a set date and time.
The safety requirements, limitations, and procedures for all in-person
proceedings conducted during the transition, including but limited to
wearing masks, maintaining social distancing, bringing in witnesses as
needed, and limitations of the number of persons in courtrooms, shall apply.
In addition:
i. No person other than parents or guardians may accompany the
Juvenile except upon a showing of good cause and necessity with
the prior approval of the Judge.
ii. Witnesses will be permitted to testify by ACT in accordance with the
existing COVID-19 Emergency and Court Facility Closure orders, as
amended from time to time, and the Rules of Juvenile Court
Procedure, and after the orders terminate then in conformity with the
Rules.
iii. Victims shall be notified in accordance with applicable rules and
laws. Victims, and if applicable their parents or guardians, may
appear in court. However, they shall also be given the option of
participating by ACT.
4. DISPOSITION HEARINGS
a. Contested Disposition Hearings will be conducted in-person at a set date
and time in the manner of Adjudication Hearings as set forth above.
b. Uncontested Disposition Hearings shall be conducted by ACT in the manner
that Placement and Probation Review Hearings will be conducted as set
forth below. Counsel shall advise the Court no later than NOON the day
before the scheduled disposition if the disposition will not be contested.
c. Social Studies – When a Social Study is ordered, JPO shall, in advance of
report and
the hearing, electronically disseminate
the reports of any other court-ordered
recommendation,
evaluations, to the District Attorney and the Juvenile’s attorney of record. If
another attorney will be covering, the current attorney of record will be
responsible to forward the reports to the other attorney. All counsel are
reminded that juvenile records are confidential, subject to protections and
limitations on use by both statue and rule, may be used only.
resulting
together
the
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
5. PLACEMENT REVIEWS
a. All placement reviews (as well as re-dispositions and placement moves for
Juveniles in placement) will be conducted by ACT. All parties, parents,
attorneys, and others will participate remotely.
i. GTM -- Placement Review Hearings will be held by GTM meetings.
GTM invitations will be sent to the District Attorney, CYS, JPO, Court
Admin/Court Reporter, the placement facility, and the Juvenile’s
attorney of record. If there has been a change in representation or if
another attorney will be covering the hearing, the attorney of record
will be responsible for forwarding the invitation on to the new
attorney/attorney who will be covering. JPO and the Juvenile’s
Juvenile’s
the
attorney
parents/guardians and obtain phone numbers for them.
invitation
forward
shall
the
to
ii. Parents/Guardians.
1. In instances when there is only one juvenile at a facility who
reviewed during a single GTM session,
will be
parents/guardians may participate by GTM.
the
parents/guardians do not have devices that will permit them
to use GTM, they may participate by phone.
If
2. In instances when there is more than one juvenile at a facility
who will be reviewed during a single GTM session, then each
juvenile will be reviewed individually/privately during the
session. To ensure privacy, parents/guardians will participate
by phone rather than GTM. Each parent/guardian will be
called separately as their child is being reviewed.
b. Court Reports – JPO will disseminate court reports and court summaries
electronically to the attorneys of record in advance of hearings. Again, if
another attorney will be covering, the current attorney of record will be
responsible to forward the reports to the other attorney. All counsel are
reminded that juvenile records are confidential, subject to protections and
limitations on use by both statue and rule, may be used only.
c. If a Juvenile is released to home, then the Juvenile’s parents or guardians
shall pick the Juvenile up from the placement facility or make suitable other
arrangements for pick up and transportation of the Juvenile.
6. PROBATION REVIEWS AND RELEASES
a. Uncontested requests for release from probation will be decided by the JPO
motion procedure, which may be initiated by JPO or any party, without
hearing.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
b. All Probation Review Hearings will be conducted by ACT. All parties,
parents, attorneys, and others will participate remotely.
i. For six-month reviews on scheduled review days when multiple
Juveniles will be reviewed, a combination of GTM and phone will be
used. Each Juvenile will be reviewed individually/privately during the
session. To ensure privacy,
juvenile and his or her
parents/guardians will participate by phone rather than GTM. Each
juvenile will be called separately as his or her case is called. To the
full extent possible, separate times or time frames/ranges will be set
for each Juvenile.
the
ii. For individual reviews scheduled by the Court or on motion of any
party, GTM will be used. If the parents/guardians do not have devices
that will permit them to use GTM, they may participate by phone.
iii. For GTM hearings, an invitation will be sent to the District Attorney,
JPO, and the Juvenile’s attorney of record. If there has been a
change in representation or if another attorney will be covering the
hearing, the attorney of record will be responsible for forwarding the
invitation on to the new attorney/attorney who will be covering. JPO
and the Juvenile’s attorney shall forward the invitation to the Juvenile
and parents/guardians and for all reviews shall obtain phone
numbers for them.
7. PRE AND POST-ADJUDICATION MOTIONS
a. All motions will be addressed on a case-by-case basis.
b. All post-adjudication motions and post-disposition motions shall be
conducted by GTM in the manner of Disposition Review Hearings as set
forth above.
c. Unless specifically directed by the presiding Judge, all pre-adjudication
motions will be heard by GTM in the manner of Disposition Review Hearings
as set forth above.
8. ADDITIONAL HEARING PROCEDURES AND PROTOCOLS
a. Limited Additional In-Person Hearings – Based on the unique needs or facts
of a particular Juvenile or case, the presiding Judge may in his or her
discretion direct that any type of hearing be conducted in-person or in-
person in combination with ACT. In such circumstances, all safety
requirements, limitations, and procedures for in-person proceedings
conducted during the transition, plus any other conditions the presiding
Judge adds, shall apply.
b. Exhibits:
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
9. ADMINISTRATIVE
Transitional Protocol Document (Last Revised 12/3/2020)
i. For in-person hearings, exhibits shall be exchanged and admitted in
the normal fashion in accordance with applicable Rules of Court
ii. For remote hearings, attorneys shall exchange exhibits prior to the
hearings. If either party wants to seek admission of an exhibit, the
exhibit must be sent to the presiding Judge’s administrative assistant
at the address set forth below, in advance of the hearing, through an
e-mail marked “high priority” with a subject line stating:
“EXHIBITS for Juvenile Hearing – [Insert DATE AND TIME OF
HEARING]”
1. For Judge Mark, or any Hearing Officer, to Katy Case at:
kcase@monroepacourts.us
2. For
Judge Williamson,
PHerb@monroepacourts.us
to
Pam
Herb
at:
c. CYS Participation – For in-person hearings, one representative of CYS may
appear and participate. CYS personnel shall similarly be invited to hearings
conducted by GTM or other forms of ACT.
a. Non-emergency home passes will not be issued. Emergency requests will
be decided on a case-by-case basis.
i. JPO placement visits will be conducted using ACT and in-person, in
accordance with COVID-19 protocols, as permitted by each
individual placement facility.
b. Contact with Juveniles, and families, will be conducted in-person and via
ACT as deemed appropriate by the Chief Probation Officer. Juveniles and
their parents or guardians shall provide valid e-mail addresses and phone
numbers.
c. Where a juvenile is ordered to placement but a bed date is not immediately
available, and the juvenile is not in detention, the juvenile will be given a
date and time to report to the Courthouse to await transport by the
placement facility or the Sheriff’s Department. The juvenile and parents
shall wait for the transportation team outside of the building. When the
transportation team arrives they, or the JPO office, will contact the juvenile
and/or the juvenile’s parents via phone and instruct them to meet the
transportation team in front of the Courthouse on Monroe Street.
d. If a juvenile is not physically present for disposition and the disposition does
not involve placement, they will be given a specific date and time to report
to Probation to comply with DNA and fingerprinting requirements (Probation
time of
will provide
the Court with dates and
times at
the
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
disposition). Probation will prepare paperwork prior to the juvenile’s arrival
to limit the time spent in the Probation Office.
i. PPE will be worn by any Probation Officer taking fingerprints and
DNA. Appointments will be staggered such that only one person is
in the office for Act 185 registration.
CONTACT INFORMATION
Juvenile Probation:
Phone - (570) 517-3095
Email - astrouse@monroepacourts.us or
bsikora@monroepacourts.us
. JUVENILE - DEPENDENCY
1. EMERGENCY PROTECTIVE CUSTODY (EPC)
EPC will be taken and approved by the Court in accordance with the Juvenile Act
and Rules of Juvenile Court Procedure. The Court’s established on-call EPC
approval procedures will continue to be followed.
2. HEARINGS
F
a. ALL hearings, whether before the Court or the Hearing Officer, will be
conducted remotely using GTM meetings.
b. GTM invitations will be sent to designated CYS personnel, the CYS solicitor,
the Child’s GAL (and where applicable the Child’s attorney), designated
personnel in the Public Defender’s Office, any other parent/guardian
attorney(s), and Court Administration/the assigned court reporter.
c. As soon after
invitation
the GTM
(or call/log-in
the hearing and GTM meeting are scheduled as
administratively possible, CYS shall: (a) provide the date and time of the
hearing and
to
parents/guardians and foster parents; (b) confirm that the GAL/child
attorney and parent attorney received the date and time and call/log-in
information; (b) provide parents/guardians with contact information for their
attorney, and vice versa; and (c) provide the GAL/child attorney with contact
information for the foster parents and the children, and vice versa. CYS, the
attorneys, and the GAL shall be responsible to provide the date, time, and
including
call/log-in
caseworkers.
their witnesses,
the hearing
information)
formation
for
to
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
d. Participants shall use the GTM video option whenever possible, but the
audio only option may be used if no video compatible device is available. In
addition, parents/guardians may participate by “regular phone” if that is the
only means of participation available to them.
e. CYS shall take all reasonable steps necessary to ensure that parents have
access to a phone or other device that will enable them to participate in the
hearing.
f. Exhibits:
i. Attorneys shall exchange exhibits electronically prior to the hearing.
Attorneys and GALs shall exchange with each other the e-mail
addresses at which they agree to receive exhibits.
ii. If a party wants to seek admission of an exhibit during the hearing,
the exhibit must be sent to the presiding Judge’s administrative
assistant, or the hearing officer when applicable, at the addresses
set forth below, in advance of the hearing, through an e-mail marked
“high priority” with a subject line stating: “EXHIBITS for
Dependency Hearing – [Insert DATE AND TIME OF HEARING]”
1. For Judge Mark, to Katy Case at:
kcase@monroepacourts.us
2. For Judge Williamson, to Pam Herb at:
PHerb@monroepacourts.us
CZimmerman@monroepacourts.us
4. For Hearing Officer Weitzmann:
tww@weitzmannlaw.com
3. For Judge C. Daniel Higgins, to Claire Zimmerman at:
g. GALs/child attorneys shall speak with children prior to the hearing.
Communications shall be by phone or other form of ACT. GALs/child
attorneys shall confirm that the foster parents and children are aware of the
date and time of the hearing and the GTM call/log-in information, and shall
arrange for participation of the children, as appropriate.
h. Parent attorneys shall speak with parents/guardians prior to the hearing and
shall confirm that the parents/guardians are aware of the date and time of
the hearing and the GTM call/log-in information. Attorneys shall also obtain
phone numbers for parents.
i. The Court will make every effort to schedule hearings to allow the parties
and attorneys sufficient time to meet the above requirements.
NOTE: If for legitimate reasons the GAL has not been able to speak with the children or
the parent attorney has not been able to speak with the parents/guardians, then time will
be allotted for such communications immediately prior to the hearing. However, it is the
*
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
expectation that absent exceptional circumstances, communication will have occurred
prior to the hearing.
j. Reviews – During the transition, only Six-Month permanency and
placement reviews will be scheduled. Three Month Reviews will not be
scheduled.
k. Judicial Discretion for In-Person Hearings – Based on the unique needs or
facts of a particular child, family, or case, the presiding Judge may in his or
her discretion direct that any type of hearing be conducted in-person or in-
person in combination with ACT. If an in-person hearing is ordered, the
safety requirements,
in-person
proceedings conducted during the transition, including but limited to
in
wearing masks, maintaining social/physical distancing, bringing
witnesses as needed, and limitations of the number of persons in
courtrooms, shall apply. In addition:
limitations, and procedures
for all
i. Children and foster parents shall not appear except upon a showing
of good cause and necessity with the prior approval of the Judge
or Hearing Officer.
ii. Children, foster parents, and witnesses may testify or participate by
ACT in accordance with the existing COVID-19 Emergency and
Court Facility Closure orders, as amended from time to time, and the
Rules of Juvenile Court Procedure, and after the orders terminate
then in conformity with the Rules.
iii. The Judge of Hearing Officer may, in his or her discretion, set up an
additional GTM meeting for the purpose of allowing the child to speak
via ACT from a private setting to the Judge or Hearing Officer, with
the GAL and other attorneys of record the only other participants.
iv. Only essential CYS personnel shall appear.
a. All motions will be addressed on a case-by-case basis.
b. Move requests will be decided based on the Court’s established motion
procedure for placement moves.
c. As indicated, Three-Month reviews will not be scheduled as of course.
However, any party may file a motion for an early review.
3. MOTIONS
4. VISITATION
Unless otherwise specified in a case-specific order signed by the presiding judge
for good cause shown, all visitation by Order of Court and/or pursuant to
Pennsylvania Code Section 3130.68 and 3490.235 between an adjudicated
dependent youth in placement and his/her parent, legal guardian, sibling or
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
prospective placement resource; Guardian ad Litem; and Monroe County Children
and Youth Services staff shall be done by ACT. The term “ACT” shall include, but
not be limited to, Zoom, GoToMeeting, Skype, and other Internet-based platforms
and programs, telephone calls, and any other means of video or audio
communication designed to effectuate an effective visitation and/or contact.
Monroe County Children and Youth Services shall make all reasonable efforts to
carry out ACT visitation and contacts, mindful of the evolving public health
advisories concerning COVID-19.
(TPR) HEARINGS
by GTM.
5. TRANSITION PROCEDURES FOR TERMINATION OF PARENTAL RIGHTS
a. Pre-Hearing Conferences – ALL pre-hearing conferences will be conducted
b. TPR Hearings – TPR Hearings shall be conducted in-person at a set date
and time. The safety requirements, limitations, and procedures for all in-
person proceedings conducted during the transition, including but not
limited to wearing masks, maintaining social/physical distancing, bringing in
witnesses as needed, and limitations of the number of persons in
courtrooms, shall apply. In addition:
i. Children shall not appear except upon a showing of good cause and
necessity with the prior approval of the presiding Judge. The
parties are encouraged to discuss and agree to the use of ACT for
the testimony or statements of children.
1. If a child does appear in-person with the approval or at the
direction of Judge, the child shall testify or speak with the
Court at the beginning of the hearing and then will be excused.
Thereafter, the child may listen to or observe the remainder of
the proceeding by ACT.
2. The Judge may in his or her discretion set a separate date
and time to take the testimony of or otherwise hear from the
child at a proceeding at which only the Judge, the GAL, and
the attorneys of record are present.
3. If the child does not appear but wishes to listen to or observe
the hearing, arrangements for use of ACT for that purpose will
be made. The GAL or child attorney shall advise the Court of
such request at least three days prior to the hearing.
c. Only essential CYS personnel shall appear.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
G. CRIMINAL
1. Criminal Jury Trials are suspended until further order of this Court.
2. Formal arraignment date will be generated at the time of preliminary hearing and
an order to appear will be given to the Defendant and counsel. A date of
arraignment (8 weeks from the date of preliminary hearing) will be contained in
the order and counsel and the Defendant must appear unless a waiver is filed in
the form attached to this document (see Waiver of Arraignment form attached).
3. Dispositional hearings may be taken at the time of formal arraignment if counsel
have reached an agreement. Formal arraignment and dispositional hearings will
be conducted using ACT and counsel/pro se Defendants must provide an email
address and telephone number to the MDJ Court at the time of preliminary
hearing or to the Office of Court Administration thereafter. Sign up information
will be given in writing at the time of the dispositional hearing to counsel or to the
Defendant by the Probation Department.
4. All ARDs will be adjudicated upon motion of the DA with the appropriate
signatures of the Defendant and counsel on the forms, unless in extenuating
circumstances scheduled by the Presiding Judge (see ARD forms attached).
5. Upon formal arraignment or waiver, a Pre-trial conference will be automatically
scheduled, together with a date for final call and jury selection. Counsel and the
non-incarcerated Defendants shall be present and adhere to masking and
physical distancing requirements and any other applicable protocols. Incarcerated
Defendants shall appear using ACT. Pretrial conferences will be staggered by
time. The Court may conduct all formal arraignments, pretrial conferences
and the call of the criminal list using ACT at its discretion and will provide
a calendar invitation to counsel for their participation.
6. ALL hearings involving incarcerated Defendants will be conducted using ACT
unless specifically ordered by the presiding Judge.
7. Adult Probation Officers will have contact with Defendants via ACT and in-person
contacts as deemed appropriate by the Adult Probation Supervisor, Deputy Chief
or Chief. This includes, but is not limited to, sign-up, PSI interviews and reporting.
All group sign-ups will be modified to comply with the terms of this document.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
8. If a Defendant is not physically present for sentencing and the sentence does not
involve incarceration, they will be given a specific date and time to report to
Probation to comply with DNA and fingerprinting requirements (Probation will
provide the Court with dates and times at the time of sentencing). Probation will
prepare paperwork prior to the Defendant’s arrival to limit the time spent in the
Probation office. PPE will be worn by any Probation Officer taking fingerprints and
DNA. Appointments will be staggered such that only one person is in the office
for Act 185 registration.
9. ACT will be used in all areas of Probation including Court appearances, if
practicable, in accordance with the terms of this document.
10. Offenders will be directed to make payments toward fines, costs and restitution
online at: https://ujsportal.pacourts.us/ePay/Default.aspx.
CONTACT INFORMATION
Adult Probation:
Phone - (570) 517-3098
Email - rangradi@monroepacourts.us or
grose@monroepacourts.us
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
H. MAGISTERIAL DISTRICT COURTS
1. Public Access
a. The Magisterial District Courts within the 43rd Judicial District shall be
closed generally to the public effective December 2, 2020. ALL IN-
PERSON ACCESS IS STRICTLY PROHIBITED until such time that the
Judicial Emergency is no longer in effect or as otherwise ordered by the
President Judge.
i. The term public includes all persons except magisterial district
judges and court staff.
b. All payments for fines and costs shall be made by mail, online at
https://ujsportal.pacourts.us/ePay/Default.aspx, or by placing payment in
the drop-box, if available, at the specific MDJ office.
c. When available, the Court will station at the entrance door of each
Magisterial District Court facility a drop-box, which shall be used to accept
drop off communications and payments.
i. The situated drop-box shall be checked and emptied numerous
times throughout the regular business day.
d. When available, the Court will install video doorbells and monitors at the
entrance door of each Magisterial District Court facility allowing the court
staff to communicate with the public who approach the door in order to
determine the court user’s needs and provide assistance.
2. Preliminary Arraignments
a. All preliminary arraignments shall be conducted using Advanced
Communication Technology (ACT) between the Magisterial District Court
and the Monroe County Central Booking Department located at the Monroe
County Correctional Facility or at an equipped law enforcement agency as
determined by the Magisterial District Judge and the arresting officer.
b. No in-person preliminary arraignments shall be held at any Magisterial
District Court until further notice.
3. Scheduling Events
a. All court proceedings for incarcerated and non-incarcerated defendants
scheduled at the Magisterial District Courts shall be held via Advanced
Communication Technology (ACT), which shall be used to complete as
many functions as practicable consistent with constitutional limitations, and
necessary accommodations shall be made, to the extent practicable, to
ensure that these essential functions can be adjudicated by use of such
technology.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
b. Advanced Communication Technology (ACT) includes, but is not limited to,
systems providing for two-way simultaneous communication of image and
sound; closed-circuit television; telephone and facsimile equipment;
electronic mail; and any combination thereof.
c. Any proceeding that cannot be held via Advanced Communication
Technology (ACT) due to a participant's inability to access such technology
shall be continued until such access may be accomplished or the
aforementioned declaration of judicial emergency is rescinded or expires.
d. ALL IN-PERSON ATTENDANCE AT MAGISTERIAL DISTRICT COURT
EVENTS IS STRICTLY PROHIBITED.
e. The appearance of witnesses and affiants on the first listing of a preliminary
hearing is waived. Should an evidentiary hearing be necessary, the MDJ
shall schedule same for a date and time certain and same shall be held via
Advanced Communication Technology (ACT).
4. Correspondence
a. At this time, all correspondence necessary for cases filed at the Magisterial
District Courts must be mailed using the US Mail, faxed to the individual
court office at the applicable address/fax number as listed on the Monroe
County Court’s website (www.monroepacourts.us), or placed into the
situated drop-box when available at the specific MDJ court.
i. Correspondence includes but is not limited to entries of appearance,
pleas in summary cases, continuance requests, payments, etc.
5. New Civil or Landlord/Tenant Case Filings
a. All new civil or landlord/tenant case filings must be mailed using the US Mail
to the specific Magisterial District Court directly at the applicable address as
listed on the Monroe County Court’s website (www.monroepacourts.us), or
placed into the situated drop-box when available at the specific MDJ court.
6. Additional Protocol
In order to insure the safety of the MDJs, staff, court users and the public generally:
a. All court staff, Magisterial District Judges and any other person entering the
MDJ office SHALL wear facial coverings at all times while in the Magisterial
District Court office, except those persons who have a medical condition
prohibiting the wearing of same and children under the age of 2.
b. All court staff, Magisterial District Judges and any other person entering the
MDJ office SHALL abide by social distancing guidelines and remain 6 feet
apart at all times.
c. All persons entering any Magisterial District Court shall be screened using
the COVID-19 questionnaire approved by the Court. Any person not
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Transitional Protocol Document (Last Revised 12/3/2020)
meeting the health questionnaire criteria may be denied access to any
Court facility and alternative accommodations will be made.
7. Contact Information
a. Individual Magisterial District Court contact information can be found at:
www.monroepacourts.us
b. If unable to reach a specific Magisterial District Court, please contact the
Magisterial District Court Administration office at 570-517-3088.
*Please note that these procedures may continue to be modified on a regular basis as the safety
parameters and pandemic evolve.
Form 43-015 v1
COURT OF COMMON PLEAS
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
CR
v.
Defendant
WAIVER OF ARRAIGNMENT
I, the undersigned Defendant, understand the nature of the charges against me and do hereby waive the
arraignment provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be held in this case
on
and do hereby enter a plea of not guilty.
I understand that:
1. The information containing the charges against me will be filed in the Office of the Clerk of Courts and
a copy will be mailed to my attorney and to me.
(Defendant's initials).
2. I must file a motion for discovery and inspection within 14 days after the scheduled arraignment date.
(Defendant's initials).
3. I must file a request for a Bill of Particulars in writing within seven (7) days after the scheduled
arraignment date.
(Defendant's initials).
4. I must file all pre-trial motions for relief on or before thirty (30) days after the scheduled arraignment
5. I must file a notice of intention to offer the defense of alibi within thirty (30) days after the scheduled
date.
(Defendant's initials).
arraignment date.
(Defendant's initials).
6. I must file a notice of intention to offer the defense of insanity or mental infirmity with thirty (30) days
after the scheduled arraignment date.
(Defendant's initials).
7. I must give the Court notice prior to the stated jury selection date if I desire to have my case tried before
a Judge without a jury.
(Defendant's initials).
8. I must file a motion requesting transfer from criminal to juvenile proceedings within thirty (30) days
after the scheduled arraignment date, if I was under the age of 18 at the time of the commission of the
alleged offense.
(Defendant's initials).
Attorney for Defendant (Signature)
Defendant (Signature)
Date
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
ORDER FOR ACCELERATED REHABILITATIVE DISPOSITION
PURSUANT TO PA.R. CRIM.P. 310
AND NOW, this ___ day of ___________, 20___, the Court, upon the motion of
the Attorney for the Commonwealth, accepts the charge of Driving Under the Influence for
Accelerated Rehabilitative Disposition and ORDERS the following:
1. The Defendant's operating privileges in the Commonwealth of Pennsylvania
are suspended for a period of __________________________.
2. The Defendant shall be placed on probation for a period of six (6) months under
and subject to the rules and regulations of the Monroe County Probation Office.
3. The Defendant shall attend and successfully complete the Alcohol Highway
Safety Program educational classes and pay the costs associated therewith within 120
days of the date of this order.
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
4. The Defendant shall successfully complete any further recommended
treatment pursuant to the Alcohol Highway Safety Program and pay the costs associated
therewith.
5. The defendant shall submit to the District Attorney of Monroe County, a D.U.I.
Processing Center Fee of $35.00 per month for six (6) consecutive months beginning in
the month in which the A.R.D. is accepted by the Court. Failure to pay in accordance with
this order shall be grounds for revocation of A.R.D. Certified checks or money orders
must be made payable to "Monroe County Clerk of Courts".
6. The Defendant shall pay the costs of criminal prosecution and restitution, as
well as any laboratory testing fees such as, but not limited to blood testing, drug and
alcohol testing.
7. The Defendant shall pay, to the Offender Supervision Fund, a supervision fee
of Two-Hundred Ten Dollars ($210.00) forthwith, unless upon a motion by the Defendant,
the Court finds that such fee should be reduced, waived or deferred.
8. If the Defendant has not yet obtained a Court Reporting Network (CRN)
Evaluation at the time of the entry of this order, the defendant shall obtain a CRN
Evaluation within 14 days from the date of this order and provide the results of said
evaluation to the Monroe County Probation Department within 48 hours.
9. Should the CRN Evaluation require that the defendant obtain a Comprehensive
Drug and Alcohol Assessment, and the defendant has not obtained the Assessment at
the time of the entry of this order, the defendant shall obtain the Assessment from a
DDAP licensed provider within 14 days from the date the CRN results are received.
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
10. The defendant shall comply with any and all recommendations for treatment,
counseling, and therapy contained in the Comprehensive Drug and Alcohol Assessment.
BY THE COURT:
_________________________
cc: District Attorney,
Defense Counsel,
Probation
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
COMMONWEALTH'S MOTION FOR
ACCELERATED REHABILITATIVE DISPOSITION
PURSUANT TO PA.R. CRIM.P. 310
COMES NOW, E. David Christine, Jr., District Attorney of Monroe County,
Attorney for the Commonwealth, by and through Matthew J. Bernal, Assistant District
Attorney, and moves this Honorable Court to consider this case for accelerated
rehabilitative disposition, and in support of this motion avers:
1. That notice of this motion has been given to the Defendant and defense counsel.
2. That notice of this motion has been given to any victim or victims in this matter.
3. That the Defendant asserts that he or she has no prior convictions of an alcohol
related driving offense in any jurisdiction within the immediately preceding ten (10) years
of this offense.
4. That, in the opinion of the Attorney for the Commonwealth, Accelerated
Rehabilitative Disposition is warranted in this matter.
Respectfully submitted,
___________________________________
ATTORNEY FOR THE COMMONWEALTH
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
ARD WAIVER AGREEMENT
I understand that I have a constitutional right to a speedy trial. I also understand
that under the Pennsylvania Rules of Criminal Procedure, the Commonwealth must
prosecute me within 180 days from the date on which the complaint was brought against
me if I am incarcerated, or 365 days from the date on which the complaint brought against
me if I am not incarcerated.
I hereby waive my right to a speedy trial under the Federal Constitution, the
Pennsylvania Constitution, and the Pennsylvania Rules of Criminal Procedure for the
purpose of being enrolled in the Accelerated Rehabilitative Disposition Program (also
known as ARD).
I also understand that the case against me will be prosecuted if I violate any of
terms of my probation as set forth in the Order of Court, and in the Statement of which I
agree to execute if accepted into the ARD Program. To facilitate the speedy disposition of
my case should I violate any of those terms, having been advised of offense charged
against me and of my rights, I consent to proceed upon these should they be listed for trial
as a result of my violation of probation, and waive any rights which I may otherwise have
concerning being placed twice in jeopardy.
I further understand that if within the next ten years, I am convicted of the crime of
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
Driving Under the Influence (DUI), the ARD will be considered a prior conviction
sentencing purposes, and will increase the mandatory sentence for such new offense.
I hereby certify that I have no prior Driving Under the Influence convictions in the
past ten years, nor have I been placed on ARD for DUI within the past ten years.
I further certify that there are no pending prosecutions against me in this or any
other state charging me with DUI.
DATE: __________________
___________________________
JOHN DOE
DEFENDANT
___________________________
ATTORNEY FOR DEFENDANT
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
DEFENDANT’S FACTUAL STIPULATION
I, JOHN DOE, along with my undersigned counsel, hereby agree and stipulate that
there is a prima facie factual basis for my entry into the Accelerated Rehabilitative
Disposition Program contained in the affidavit of probable cause as required by
Pennsylvania Rule of Criminal Procedure 313.
_____________________________
JOHN DOE
DEFENDANT
____________________________
ATTORNEY FOR DEFENDANT
_
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
pursuant to Rule 312, including:
DEFENDANT’S WAIVER OF RULE 312
I, JOHN DOE, have been advised by my undersigned counsel of my rights
(1) my right to be present in open court for entry into the accelerated rehabilitative
disposition program;
charges; and
(2) acceptance into and satisfactory completion of the accelerated rehabilitative
disposition program offers an opportunity to earn a dismissal of the pending
(3) should I fail to complete the program, I agree to waive the appropriate statute of
limitations and the right to a speedy trial under any applicable Federal or State
constitutional provisions, statutes or rules of court during the period of enrollment
in the program.
Comm. vs. JOHN DOE
No. XXXX-2020 CRIMINAL
I understand my rights as outlined above, agree to waive my right to be present in open
court for entry into the ARD program, and further agree to waive the applicable statute of
limitations and speedy trial rights during my period of enrollment in the program.
_____________________________
JOHN DOE
DEFENDANT
_____________________________
ATTORNEY FOR DEFENDANT
_
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: LEAD CHARGE
ORDER FOR ACCELERATED REHABILITATIVE DISPOSITION
PURSUANT TO PA.R. CRIM.P. 310
AND NOW, this ___ day of ___________, 20___, the Court, upon the motion of the
Attorney for the Commonwealth, accepts this case for Accelerated Disposition and
ORDERS the following:
1. The Defendant shall be placed on probation for a period of ___________ under
and subject to the rules and regulations of the Monroe County Probation Office.
2. The Defendant shall pay the costs of the criminal prosecution.
3. The Defendant shall pay, to the Offender Supervision Fund, a supervision fee of
Thirty-Five Dollars ($35.00) per month, unless, upon a motion by the Defendant, the Court
finds that such fee should be reduced, waived or deferred.
4. Restitution in the amount of ______________ shall be paid to______________.
BY THE COURT:
__________________________
J.
cc: District Attorney,
Defense Counsel,
Probation
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: LEAD CHARGE
COMMONWEALTH'S MOTION FOR
ACCELERATED REHABILITATIVE DISPOSITION
PURSUANT TO PA.R. CRIM.P. 310
COMES NOW, E. David Christine, Jr., District Attorney of Monroe County, Attorney
for the Commonwealth, by and through ________________, Assistant District Attorney,
and moves this Honorable Court to consider this case for accelerated rehabilitative
disposition, and in support of this motion avers:
1. That notice of this motion has been given to the Defendant and defense counsel.
2. That notice of this motion has been given to any victim or victims in this matter.
3. That the Defendant asserts that he or she has no prior criminal record.
4. That, in the opinion of the Attorney for the Commonwealth, Accelerated
Rehabilitative Disposition is warranted in this matter.
Respectfully submitted,
___________________________________
ATTORNEY FOR THE COMMONWEALTH
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: LEAD CHARGE
DEFENDANT'S STATEMENT AND WAIVER
I, JOHN DOE, understand that:
1. If I am accepted into and satisfactorily completed the Accelerated Disposition
Program, I will have an opportunity to earn a dismissal of these charges pending against
me in this case.
these charges in criminal court.
2. If I should fail to complete the program satisfactorily, I will be fully prosecuted
I hereby waive any applicable statute(s) of limitations and my right to a speedy trial
under any applicable Federal or State constitutional provisions, statutes, or rules of court,
including Rule 600 of the Pennsylvania Rules of Criminal Procedure, during period of
enrollment in this program. I understand that Rule 600 of the Rules of Criminal Procedure
provides that my trial must begin no later than 180 days from the date on which the criminal
complaint was filed if I am incarcerated or 360 from the date on which the criminal
complaint was filed if I am not incarcerated.
Comm. v. JOHN DOE
No. XXXX-2020 CRIMINAL
With the advice and agreement of my undersigned attorney, and with an
understanding of proceedings, I request that I be accepted into the Accelerated
Rehabilitative Program.
_____________________________
JOHN DOE
DEFENDANT
____________________________
ATTORNEY FOR DEFENDANT
_
Comm. v. JOHN DOE
No. XXXX-2020 CRIMINAL
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: LEAD CHARGE
DEFENDANT’S FACTUAL STIPULATION
I, JOHN DOE, along with my undersigned counsel, hereby agree and stipulate that
there is a prima facie factual basis for my entry into the Accelerated Rehabilitative
Disposition Program contained in the affidavit of probable cause as required by
Pennsylvania Rule of Criminal Procedure 313.
_____________________________
JOHN DOE
DEFENDANT
____________________________
ATTORNEY FOR DEFENDANT
_
Comm. v. JOHN DOE
No. XXXX-2020 CRIMINAL
COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
JOHN DOE
v.
: No. XXXX-2020 CRIMINAL
:
:
:
: CHARGES: DUI
DEFENDANT’S WAIVER OF RULE 312
I, JOHN DOE, have been advised by my undersigned counsel of my rights pursuant
to Rule 312, including:
disposition program;
(1) my right to be present in open court for entry into the accelerated rehabilitative
(2) acceptance into and satisfactory completion of the accelerated rehabilitative
disposition program offers an opportunity to earn a dismissal of the pending
(3) should I fail to complete the program, I agree to waive the appropriate statute of
limitations and the right to a speedy trial under any applicable Federal or State
constitutional provisions, statutes or rules of court during the period of enrollment in
charges; and
the program.
Comm. v. JOHN DOE
No. XXXX-2020 CRIMINAL
I understand my rights as outlined above, agree to waive my right to be present in open
court for entry into the ARD program, and further agree to waive the applicable statute of
limitations and speedy trial rights during my period of enrollment in the program.
_____________________________
JOHN DOE
DEFENDANT
_____________________________
ATTORNEY FOR DEFENDANT
_
