Section 124. Summons and Notice

A) Requirements of the summons. The summons shall:

1) be in writing;

2) set forth the date, time, and place of the hearing;

3) instruct the juvenile about the juvenile’s right to counsel, and if the juvenile cannot afford counsel, the right to assigned counsel; and

4) give a warning stating that the failure to appear for the hearing may result in arrest.

B) Method of Service. Summons or notice shall be served:

1) in-person; or

2) by first-class mail.

C) Bench Warrant. If any summoned person fails to appear for the hearing and the judge finds that sufficient notice was given, the court may issue a bench warrant pursuant to Rule 140.

Comment

See Rules 360(A), 500(A), and 600(A) for service of the guardian for a proceeding. Nothing in these rules gives the guardians of juveniles legal standing in the matter being heard by the court or creates a right for juveniles to have their guardians present. See 42 Pa.C.S. § 6310(e). See Rule 140 for procedures on bench warrants.

Official Note

Rule 124 adopted April 1, 2005, effective October 1, 2005; amended February 26, 2008, effective June 1, 2008.

Committee Explanatory Reports:

Final Report explaining the amendments to Rule 124 published with the Court’s Order at 38 Pa.B. 1145 (March 8, 2008).

The provisions of this Rule 124 amended February 28, 2008, effective June 1, 2008, 38 Pa.B. 1142. Immediately preceding text appears at serial pages (310555) to (310556).