COURT OF COMMON PLEAS OF MONROE COUNTY FORTY …[email protected] (must be filed in PDF format - one filing per email) and through the US Mail to the following address: MONROE COUNTY

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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. 89 AD 2020 EMERGENCY ADMINISTRATIVE : ORDER (COVID-19) : : Supreme Court Docketing No. EXTENSION OF JUDICIAL : 38 MM 2020 EMERGENCY TO JANUARY 4, : 2021 : :

EMERGENCY ADMINISTRATIVE ORDER AND NOW, this 2nd day of September, 2020, pursuant to the

Emergency Orders issued by this Court and the Administrative Orders issued by the

Pennsylvania Supreme Court as a result of the COVID-19 pandemic; after

consideration of the recommendations and guidelines issued by the CDC, the

Pennsylvania Department of Health, and numerous local and regional medical

experts consulted by this Court; in keeping with the spirit of the Governor’s and

Secretary of Health’s Orders; 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 pandemic that necessitated

the Emergency Orders, it is ORDERED as follows:

1. The Declaration of Judicial Emergency dated March 16, 2020 is extended

through the 4th Day of January 2021, unless otherwise revoked by Order

of the President Judge of this Court or the Pennsylvania Supreme Court.

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cc: Honorable Arthur L. Zulick

Honorable Jonathan Mark Honorable Jennifer Harlacher Sibum Honorable Stephen M. Higgins Honorable David J. Williamson

Honorable C. Daniel Higgins All Magisterial District Judges

Geoff Moulton, Court Administrator of Pennsylvania John J. Goldner, District Court Administrator 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

APPENDIX A

*Please not that these procedures may be modified on a regular basis as the safety parameters and pandemic evolve. Not all processes will be ready for implementation on May 1st and will be on a rolling basis as noted specifically herein.

PHASE 2 OPERATIONS

TRANSITION

As the Court begins to transition to 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

May 31, 2020 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*:

A. GENERAL PROVISIONS

1. All persons entering any Court facility shall wear face coverings in accordance with

this Court’s Emergency Administrative Order No. 76 and shall comply with all

requirements therein including, but not limited to, maintaining physical distancing

of at least 6 feet at all times.

2. Courthouse boxes and forms will remain at the front door and the Sheriff’s staff will

continue to act as the “gatekeeper” in accordance with the emergency orders and

these procedures.

3. Litigants will only be permitted in the facility 10 minutes or less 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.

4. ACT will continue to be used at all times when possible and practicable. In person

appearances will continue to be limited to the matters currently being heard

pursuant to the emergency orders or as ordered by the Presiding Judge.

5. Unless otherwise directed by a specific Order of Court, 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 by the Presiding Judge or Court

APPENDIX A


Administration. Exhibits must be provided at the time of the proceedings in an

electronic format with a copy to opposing counsel/party.

6. CCP Judges will continue on a 2 Judge rotation with staff and commencing May

8, 2020 all Judges may work in their chambers. Judges in rotation will increase as

We reopen.

7. Cases that have been rescheduled to June 2020 and beyond shall be scheduled

to ensure that no more than 15 persons are in any given courtroom at any time

unless social distancing within the courtroom and during ingress and egress can

be maintained, in the discretion of the Presiding Judge. All court proceedings shall

be staggered by time. 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. Trial terms are generally cancelled through August 2020.The Prothonotary/Clerk

of Courts/Orphans Court will continue to receive filings via U.S. mail and email and

process same, creating motions lists, and immediately scanning and docketing

each filing to insure electronic means of review and scheduling.

9. Court Administration will send all motions/pleadings to all Judges’ chambers on a

daily basis.

10. Judicial Assistants will continue to create orders for electronic signature and filing

by each Judge where possible.

11. Court reporters/recorders will continue to provide orders for electronic signature

and filing for each Judge.

12. Court employees will not attend off-site conferences or trainings unless approved

by the President Judge or her designee.

13. Court events/meetings will be held using ACT where possible.

B. FAMILY

1. PFA COURT

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 hearings will be scheduled MWF 8:30 am

and 1:00pm with no more than 5 cases in each session. Two litigants will

be permitted to enter the courthouse at a time to speak with counsel. No

client signatures will be required for agreements. Witnesses will wait outside

unless called in to testify at hearing.

APPENDIX A


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

the conference to be held using ACT. If no contact information is available,

the case will be continued to a date after June 1st.

b. All new complaints and motions/petitions in old cases must contain contact

information for counsel and pro se litigants including phone number and

email.

c. 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) 517-3022

Fax – (570) 517-3875

Email - [email protected]

3. DRO

a. Support conferences will resume May 18 via ACT only

b. The processing of complaints, scheduling of proceedings, bookkeeping,

etc. will commence May 4, with reduced staffing in the courthouse.

c. Master’s hearings will begin June 22 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.

d. Support rules will commence in June and will be scheduled with no more

than 2 cases every half hour, staggered every 15 minutes.

e. 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.

f. Filings will be accepted via www.childsupport.state.pa.us, via email to

[email protected] (must be filed in PDF format - one filing per

email) and through the US Mail to the following address:

MONROE COUNTY DOMESTIC RELATIONS SECTION

610 MONROE STREET STE 110

STROUDSBURG, PA 18360-2280

g. Paternity testing will be scheduled on a case by case basis with testing to

occur no sooner than July 1, 2020.

mailto:[email protected]

http://www.childsupport.state.pa.us/

http://www.childsupport.state.pa.us/


APPENDIX A


CONTACT INFORMATION

Domestic Relations Office:

Phone (Public / IVR) - (570) 517-3845

Fax – (570) 517-3867


4. DIVORCE

a. Masters hearings may be scheduled using ACT as of May 11. 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

conference must be emailed/faxed to the Master and opposing

counsel/party.

CONTACT INFORMATION

Divorces:

Phone - (570) 517-3096

Email - [email protected] or

[email protected]

C. CIVIL

1. MORTGAGE FORECLOSURE

a. Conciliations may resume using ACT only. Conciliators will work with Court

Administration and use the already scheduled dates and times.

b. All evictions in foreclosures are stayed through July 11th.

CONTACT INFORMATION

Mortgage Foreclosure:

Phone – (570) 517-3945


2. TAX ASSESSMENT APPEALS

a. Mediations may resume 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 social distancing.





APPENDIX A


3. MENTAL HEALTH ACT PROCEEDINGS

a. Petitions will continue to be filed electronically.

b. Hearings will be held using ACT, including witness testimony.

Masters’ 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 or electronically. The Monroe

County Prothonotary is authorized to accept 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

[email protected]. 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 may commence June 8 IF social distancing can be maintained.

5. ARBITRATIONS

a. Arbitrations may commence June 1 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 protected]

D. ORPHANS COURT

1. Pleadings shall be filed by first class mail or email. The Clerk of Orphans Court is

authorized to accept all filings by email. Pleadings shall be signed and shall comply




APPENDIX A


with all local and state rules and sent to [email protected].

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. Where feasible hearings will be held using ACT.

E. 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

a. Counsel for the Juvenile shall communicate with the Juvenile prior to the

call.

b. Counsel for the Juvenile and the attorney for the Commonwealth shall

discuss cases prior to the call.

c. Attorneys only at the call, unless the Juvenile will be making an admission

or entering a consent decree.

d. Admissions and Consent Decrees:

i. Counsel shall advise the Court no later than NOON two days before

the call of cases in which the Juvenile will be making an admission

or entering into the consent decree program.


APPENDIX A


ii. Admissions and consent decrees will be taken in person. The

Juvenile and his or her parents or guardians will be given a specific

time to appear. No other person may accompany the Juvenile except

upon a showing of good cause and necessity with the prior

approval of the Judge.

iii. 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.

iv. 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.

e. Hearings – For cases that will be 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.

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

APPENDIX A


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

the hearing, electronically disseminate the resulting report and

recommendation, together the reports of any other court-ordered

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.

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

attorney shall forward the invitation to the Juvenile’s

parents/guardians and obtain phone numbers for them.

ii. Parents/Guardians.

1. In instances when there is only one juvenile at a facility who

will be reviewed during a single GTM session,

parents/guardians may participate by GTM. If the

parents/guardians do not have devices that will permit them

to use GTM, they may participate by phone.

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.

APPENDIX A


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.

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, the 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.

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.

APPENDIX A


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:

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:

[email protected]

2. For Judge Williamson, to Pam Herb at:

[email protected]

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.

9. ADMINISTRATIVE

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



APPENDIX A


b. All Intake, Social Study, Sign-Up Conferences, and Probation Check-In

Meetings shall be conducted by ACT unless another method is specifically

approved 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

will provide the Court with dates and times at the time of

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 protected]

F. 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.



APPENDIX A


2. HEARINGS

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 the hearing and GTM meeting are scheduled as

administratively possible, CYS shall: (a) provide the date and time of the

hearing and the GTM invitation (or call/log-in information) 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

call/log-in formation for the hearing to their witnesses, including

caseworkers.

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:

[email protected]

2. For Judge Williamson, to Pam Herb at:

[email protected]



APPENDIX A


3. For Judge C. Daniel Higgins, to Claire Zimmerman at:

[email protected]

4. For Hearing Officer Weitzmann:

[email protected]

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 so as 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

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, limitations, and procedures for all in-person

proceedings conducted during the transition, including but 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 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



APPENDIX A


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.

3. MOTIONS

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.

4. VISITATION

The current moratorium on in-person visits and conferences with children, together

with the corresponding requirement that virtual visits and communication with

children through ACT be permitted, shall remain until further order of Court.

5. TRANSITION PROCEDURES FOR TERMINATION OF PARENTAL RIGHTS

(TPR) HEARINGS

a. Pre-Hearing Conferences – ALL pre-hearing conferences will be conducted

by GTM.

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.

APPENDIX A


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.

APPENDIX A


G. CRIMINAL

1. Formal arraignments will be waived at the preliminary hearing on a form to be

provided at the MDJ office. A date of arraignment (8 weeks from the date of

preliminary hearing) for purposes of the timelines under the criminal rules and for

the filing of the criminal information will be contained in the waiver, together with a

date for appearance for ARD, Guilty Plea or with the month the case is generally

set for trial, whichever applies.

2. ARD and Plea hearings will be conducted in person for those not in custody in a

manner to comply with social distancing requirements. Sign up information will be

given in writing at the time of the ARD/Plea hearing to counsel or to the Defendant

by the Probation Department.

3. Pre-trial conferences will no longer be automatically scheduled, but will instead be

scheduled, if necessary, by each assigned judge upon motion of either party.

Conferences may be held using ACT or in person and on the record, but without

the defendant’s presence.

4. Any party whose case has been generally listed for trial and who wishes to move

their case forward with a plea or other disposition, shall file a motion for same to be

scheduled by the individual judge.

5. A minimum of 30 days prior to the trial term for which a case is listed, any party

requesting trial shall file a motion which shall include the number of days necessary

and any other special requirements for consideration by the Court and a certification

that all pretrial criminal rules requirements have been met and that the opposing

party has been notified and concurs or does not concur in the listing. If the opposing

party concurs, the assigned Judge will schedule a date certain for trial and may

upon request of either party or on the Judge’s own motion schedule a pretrial

conference. If the opposing party does not concur, the Judge will schedule a pretrial

conference and, if a trial is ordered, a date certain for the trial.

6. Non-emergency motions for trial term continuances must be filed at least 30 days

prior to the term for which the case is listed.

7. Any cases generally listed for a monthly trial term that have not been disposed of

or for which counsel have not filed a motion as described in paragraph 5 above will

be listed for trial at a date and time determined by the Court.

8. Jury trials may be held commencing September 2020 in accordance with the

parameters set by this Court and Jury Management. Cases currently listed on Final

Call dates through the remainder of 2020 will be continued to dates selected by the

assigned judge for disposition or trial in accordance with the procedures contained

in this document. No further final call days will be scheduled.

APPENDIX A


9. Defendants in custody will appear in person only for trials. ALL hearings involving

incarcerated Defendants will be conducted using ACT unless specifically ordered

by the presiding judge.

10. Grand Jury proceedings are cancelled and the Grand Jury dismissed.

11. Adult probation officers will have no in person contact with Defendants unless

specifically authorized by the Chief Probation Officer. 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.

12. 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.

13. ACT will be used in all areas of Probation including Court appearances, if feasible,

in accordance with the terms of this document.

14. 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 protected]

https://ujsportal.pacourts.us/ePay/Default.aspx



APPENDIX A


H. MAGISTERIAL DISTRICT COURTS

1. Public Access

a. The Magisterial District Courts within the 43rd Judicial District shall be open generally to conduct all court business effective June 1, 2020. ALL IN-PERSON ACCESS IS STRICTLY LIMITED until June 15, 2020.

b. All payments for fines and costs shall be made by mail or online at www.ujsportal.pacourts.us.NO IN-PERSON PAYMENTS ARE PERMITTED absent extenuating circumstances.

c. All MDJ office telephones remain forwarded to Court Administration until 8:30 a.m. on Tuesday, May 26, 2020.

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. No in-person preliminary arraignments shall be held at any Magisterial District court until further notice.

3. Scheduling Events

a. All proceedings of incarcerated defendants shall be held using Advanced Communication Technology (ACT).

b. No hearings/proceedings in any case type shall be scheduled or rescheduled to a date prior to June 15, 2020, giving priority to rescheduling of criminal cases.

c. No more than 5 cases total, of any case type, shall be scheduled or rescheduled in an hour and shall be scheduled in a staggered fashion.

d. No person other than the litigants and counsel for any scheduled events are permitted to enter the Magisterial District Court. The MDJ Court will insure that litigants and counsel are called into the building one case at a time.

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.

f. All DUIs previously scheduled from March 19th through May 31st shall be rescheduled at Magisterial District Court 43-3-02 located at 1211 N 5th Street, Stroudsburg, Pa. and will be heard by a Senior Magisterial District Judge on dates to be determined, pursuant to this Court’s authority delineated above and Pennsylvania Rule of Judicial Administration 605(B)(6).

i. Criminal cases resulting in a waiver or where all charges are bound over to the Court of Common Pleas shall have a Waiver of Formal

http://www.ujsportal.pacourts.us/

APPENDIX A


Arraignment form completed by the defendant and counsel on a form provided to the MDJ court by Court Administration. The completed form shall be scanned and submitted with the docket entries and a copy provided to Court Administration.

4. Correspondence

a. At this time, all correspondence necessary for cases filed at the MDJ courts can be mailed using the US Mail or faxed to the individual court office at the applicable address / fax number as listed on the Monroe County Court’s website (www.monroepacourts.us).

i. Correspondence includes but is not limited to entries of appearance,

pleas in summary cases, etc.

5. New Civil Case Filings

a. All new civil case filings can be mailed using the US Mail to the specific MDJ court directly or filed in person commencing June 1, 2020 at the specific MDJ court.

6. Contact Information

a. Individual MDJ Court contact information can be found at: www.monroepacourts.us

i. Please note that the MDJ Court telephones are being forwarded to

Court Administration until May 26, 2020.

http://www.monroepacourts.us/

http://www.monroepacourts.us/

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX C

APPENDIX C

APPENDIX C

APPENDIX C

APPENDIX C