Rule 1211. Certification to Court of Common Pleas

(a) A protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a), together with any documentation in support thereof, shall immediately be certified to the court of common pleas by the hearing officer.

(b) Certification pursuant to subdivision (a) shall be accomplished by sending to the prothonotary of the court by first class mail or messenger a certified copy of the petition form containing the order, with any supporting documentation attached.

Comment. Certification pursuant to subdivision (a) is required by 23 Pa.C.S. § 6110(c) and 42 Pa.C.S. § 62A09(c). This rule is consistent with Pa.R.Civ.P. 1901.3(b) and 1953(b), which permit commencement of an action by filing with the prothonotary a certified copy of an emergency protection order. However, practice varies among the judicial districts as to how a protection order is maintained after certification to the court of common pleas. For example, some judicial districts may require that the plaintiff appear in person to continue the action in the court of common pleas. Others may automatically commence an action in the court of common pleas upon receipt of a certified copy of the emergency order from the hearing officer. See Pa.R.Civ.P.M.D.J. 1208(a)(3)(i), cmt. and Pa.R.Civ.P.M.D.J. 1210, cmt. Depending on local practice, the plaintiff or the plaintiff’s representative may act as a messenger under subdivision (b).