Court of Common Pleas of Berks County, Pennsylvania Document Filing Requirements

CRITICALCivil cases

Applies to

Judgment entry motion

A motion, application, or praecipe for entry of judgment must be filed with a signed certificate listing each party’s attorney of record and current address, or the name and current address of each unrepresented party.

A party presenting a motion, application or praecipe for the entry of judgment shall file with the motion, application or praecipe, a certificate signed by the party presenting the motion, petition or application or his or her attorney of record, setting forth the name and current address of each party's attorney of record, and if no attorney has entered an appearance for a party, the name and current address of each unrepresented party.

CRITICALCriminal cases

Applies to

Ard application disposition

The form stating the District Attorney's approval or rejection and the reasons must be filed with the Clerk of Courts.

The application form indicating either rejection or approval and the reason(s) therefore shall be filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions must include a proposed order granting the requested relief and a rule to show cause, unless a specific rule or case management order prescribes another procedure.

Unless another procedure is prescribed by a specific rule or a specific case management order entered by the court in a particular case, a proposed order granting the relief requested and a rule to show cause why the requested relief should not be granted shall be attached to all motions.

CRITICAL

Applies to

Notification intake form

The Berks County Notification Intake Form must be completed at arraignment or waiver of arraignment.

The Berks County Notification Intake Form is to be completed at the time of arraignment or waiver of arraignment.

CRITICAL

Applies to

Praecipe

Unless Pennsylvania Rules of Civil Procedure provide otherwise, a claimant, counterclaimant, or lienholder must file a praecipe with the prothonotary to discontinue, end, or settle a civil action or release property from a lien.

Except as otherwise provided by Pennsylvania Rules of Civil Procedure, a civil action shall be discontinued, ended or settled or property released from any lien by the claimant, counterclaimant or party possessing a lien by filing a praecipe with the prothonotary providing for such disposition.

CRITICALCivil cases

Applies to

Corporate surety certificate

A corporate surety must have a currently effective certificate evidencing its authority on file with the Clerk.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk

CRITICALCivil cases

Applies to

Report

Court-appointed counsel for a defendant in military service must file a brief report of services performed.

When counsel is appointed by the court for a defendant in the military service, said attorney shall file a brief report of the services performed and shall receive a fee for such services as determined by the court.

CRITICALCivil cases

Applies to

Preliminary objections

For the specified preliminary objections endorsed with a notice to plead, file an original and copy with proof that the objections and completed order were served by first-class mail.

(b) A party filing preliminary objections which are endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(1), (5), (6), (7) or (8), shall file with the Prothonotary an original and one copy of the preliminary objections, accompanied by a proof of service of copies of the preliminary objections and the completed form of order upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Applies to

Affidavit

When the defendant has not appeared, the plaintiff must file the required military-service affidavits before judgment, stating the facts showing the defendant is not in military service or, if the plaintiff lacks knowledge, the efforts made to ascertain the facts.

When no appearance has been entered by or on behalf of the defendant, the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C.A. App. Section 520, shall apply, and before any judgment shall be entered the required affidavits shall be filed by the plaintiff, setting forth the facts showing that the defendant is not in the military service of the United States, and if the plaintiff is without knowledge, it shall be so stated in an affidavit setting forth what efforts had been made to ascertain the facts.

CRITICALCivil cases

Applies to

Corporate fiduciary certificate

A corporate fiduciary must initially file with the Clerk a true and correct copy of its certificate authorizing it to exercise fiduciary powers, certified by an executive officer.

initially there shall be filed with the Clerk a copy of the certificate issued by the State Banking Department, the Comptroller of Currency, or the Federal Reserve Board, as the case may be, evidencing its right to exercise fiduciary powers, certified to be a true and correct copy by an executive officer of the corporation.

CRITICALCivil cases

Applies to

Petition

A copy of the agreement of sale must be attached to the petition, in addition to the exhibits required by Rule 5.10B.

In addition to the exhibits required by Rule 5.10B, a copy of the agreement of sale shall be attached to the petition.

CRITICALCriminal cases

Applies to

Waiver of arraignment

A mailed waiver must include a self-addressed, stamped envelope for the attorney’s return copy or Court Administration may reject it.

Did not include self-addressed, stamped envelope, if mailed

CRITICALCivil cases

Applies to

Amended or supplemental brief

Amended or supplemental briefs may not be filed unless the court directs otherwise.

(d) Amended or Supplemental Briefs. No amended or supplemental brief may be filed except by direction of the Court.

CRITICALCriminal cases

Applies to

Summary case ARD application

A defendant seeking admission to the summary ARD program must apply in writing to the MDJ.

2. The defendant shall make written application to the MDJ for admission into the summary ARD program.

CRITICALCivil cases

Applies to

Petition

A petition to sell real estate at public sale must have an attached affidavit from two disinterested, competent persons familiar with the property stating its value.

Attached to the petition to sell real estate at public sale must be an affidavit of two disinterested and competent persons familiar with said real estate as to the value of the tract or tracts desired to be sold.

CRITICALCivil cases

Applies to

Motion

A party filing a summary judgment motion must file the original motion and proof of service with the Clerk.

(a) A party filing a motion for summary judgment shall file the original motion and a proof of service with the Clerk.

CRITICALCivil cases

Applies to

Arbitration appeal

An appeal from an arbitration award must be filed with the Prothonotary in duplicate.

Any appeal duly taken from the award of arbitrators shall be filed with the Prothonotary, in duplicate.

CRITICALCivil cases

Applies to

Petition

When court leave is required to sell or mortgage real estate, and no controlling statute or Pennsylvania Rule governs, the petition must state enough facts to determine whether the transaction benefits all interested parties.

To the extent not governed by specific statutory provisions or Pennsylvania Rules of Civil Procedure, in all cases in which leave of court to sell or mortgage real estate is required, the petition shall set forth sufficient facts to enable the court to determine whether the proposed sale or mortgage will be to the interest and advantage of all parties in interest.

CRITICALCriminal cases

Applies to

Motion petition application

Must include

proposed order

A party seeking an order must file the proposed order with one copy for the moving party, each other party, and the criminal court computer office, and must also file a certification to the Clerk of Courts listing the names and addresses of those to be served.

A party filing or presenting a motion, petition or application for an order shall file with the motion, petition or application a proposed form of the order sought, together with one copy of such proposed order for the moving party and one copy for each other party and one copy for the criminal court computer office as well as a certification directed to the Clerk of Courts setting forth the names and addresses of those to be served.

CRITICALCivil cases

Applies to

Status change report

An attorney subject to the reporting requirement must immediately report any change in the reported status to Court Administration.

Any change in status in this regard shall immediately be reported to Court Administration.

CRITICALCivil cases

Applies to

Letter

Under the first procedure, the party seeking to file an unsigned certificate must first send the other parties a letter substantially in the prescribed form, allowing ten days for written objections.

The party desiring that a certificate of readiness be filed shall first send a letter all other parties in substantially the following form: “A certificate of readiness without being signed by all the parties shall be filed with the Prothonotary ten days from the date of this letter unless objections thereto are sent in writing to the undersigned and received within the said ten days.”

CRITICALCivil cases

Applies to

Petition for private sale

A petition to sell real estate at private sale must have an attached affidavit from two qualified, disinterested persons supporting the offered price.

To the petition to sell real estate at private sale must be attached an affidavit of two disinterested and competent persons acquainted with the value of real estate in the particular locality showing that under all the circumstances the price offered is better than could be obtained at public sale.

CRITICALCivil cases

Applies to

Legal paper

Legal papers filed with the Register of Wills or Clerk of Orphans’ Court must include counsel’s name, address, and telephone number.

All legal papers that are filed with the Register of Wills or the Clerk of Orphans’ Court shall include counsel’s name, address, and telephone number.

CRITICALCivil cases

Applies to

Electronic filing

Documents requiring more than one party’s signature must be scanned and attached to the electronic filing in PDF format when the legal paper is submitted.

Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

CRITICALCivil cases

A party filing for argument must state the matter to be argued, which party has the burden, and the assigned judge’s name if known.

A party filing for argument shall set forth in writing on such documents: (1) the matter to be argued (2) the party who has the burden at argument; and (3) the name of the judge assigned to the case, if known.

CRITICALCivil cases

Applies to

Notice

The written notice of intent to file the praecipe and proposed decree must substantially follow the form in Pa.R.C.P. 1920.73 unless notice is not required under Pa.R.C.P. 1920.42(e).

When the divorce decree is requested under Section 3301(c) of the Divorce Code, at least twenty (20) days prior to filing a praecipe to transmit the record under Pa.R.C.P. 1920.42, the moving party shall serve all counsel of record and any unrepresented party with a copy of said praecipe and the proposed decree, and written notice of the intention to file the praecipe and proposal decree, substantially in the form set forth in Pa.R.C.P. 1920.73 unless such notice is not required in accordance with Pa.R.C.P. 1920.42(e).

CRITICALCriminal cases

Applies to

Monthly ARD disposition report

Each MDJ must submit a monthly ARD disposition report to the District Attorney for eligible cases with submitted applications, containing the specified participation, admission, completion, and payment information.

8. Each MDJ shall submit to the District Attorney a monthly report on the disposition of all cases eligible for ARD, where applications were submitted for admission into the program. The District Attorney shall compile these monthly reports and monitor the cases. The monthly report submitted by each MDJ shall include: a record of defendants who participate in the ARD program; those who were eligible but not admitted to ARD and the reasons for not admitting the defendant; those who complete the ARD program; those who do not complete the program; and those defendants that pay in full the costs associated with the program.

CRITICALCivil cases

Applies to

Custody divorce filing

When a custody claim is joined with a divorce action, the filing must include a substantially prescribed Notice to the Prothonotary.

(c)(1) In the event a claim for custody is joined with an action for divorce, a form entitled “Notice to the Prothonotary”, substantially in the form provided by B.R.C.P. No. 1915.15(a) shall be included.

CRITICALCivil cases

Applies to

Separate praecipe

The separate praecipe must direct that the action be listed as a lis pendens against the described property.

(2) directs in said separate praecipe that the action shall be listed as a lis pendens against said real property;

CRITICALCivil cases

Applies to

Custody scheduling order

A Custody Scheduling Order must be filed separately with the complaint unless a stipulated custody agreement signed by all parties is submitted at the same time.

(b) A Custody Scheduling Order substantially in the form provided on the Berks County Family Court website www.co.berks.pa.us shall be filed as a separate document along with the complaint in (a), unless a stipulated custody agreement signed by all parties is being submitted simultaneously with the complaint.

CRITICALCivil cases

Applies to

In forma pauperis application

Unless a statute or Pennsylvania Supreme Court rule provides otherwise, an in forma pauperis application alleging inability to pay filing costs or fees must include a verified statement detailing the applicant's assets, income, benefits, and financial obligations in the prescribed form.

(a) Except as otherwise provided by statute or rule of the Supreme Court of Pennsylvania, all applications to proceed in forma pauperis alleging financial inability to pay costs or fees for filing papers, including posting of bond, shall be supported by a verified statement, as verified is defined in Pa.R.C.P. 76, of the applicant setting forth in detail all assets, income, benefits and financial obligations of such applicant in the form prescribed in Pa. R.C.P. 240.

CRITICALCivil cases

Applies to

Custody complaint

The complaint must include a substantially prescribed order directing both parties to attend the Children In the Middle program or a suitable alternative and pay its costs.

(d) An Order shall be attached to the complaint directing both parties to attend the “Children In the Middle” program, or other suitable alternative program, and pay the costs thereof. The Order shall be substantially in the form provided by B.R.C.P. 1915.15(b).

CRITICALCriminal cases

Applies to

Ard application

The ARD application must be filed with a copy of the citation.

COPY OF CITATION MUST BE FILED WITH APPLICATION

CRITICALCivil cases

Applies to

Counseling request

A request for counseling under the Divorce Code must be made by written motion.

A request for counseling under the Divorce Code shall be made to the court by written motion, and the court shall thereafter enter an order requiring a maximum of three (3) counseling sessions within the appropriate time period provided in the Divorce Code.

CRITICALCivil cases

Applies to

Notice of findings and recommended order

The notice must state that each party has 20 days from the notice date to file written exceptions with the Prothonotary.

The notice shall state that each party has twenty (20) days from the date of notice to file written exceptions with the Prothonotary

CRITICALCivil cases

Applies to

Divorce decree

A divorce decree entered while economic claims remain outstanding must give notice of those claims as provided by Pa.R.C.P. 1920.76.

The decree in divorce in such circumstances shall give notice of the outstanding claims in the manner set forth in Pa.R.C.P. 1920.76.

CRITICALCivil cases

Applies to

Response

The non-moving party must file a response to the summary judgment motion and proof of service.

(b) The non-moving party shall file a response to the motion for summary judgment and proof of service no later than thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a).

CRITICALCivil cases

Applies to

Certificate of readiness

The parties must file the prescribed certificate of readiness in duplicate, signed by all parties or their attorneys of record.

The parties shall indicate their readiness for trial by filing the prescribed form of certificate of readiness (available from the prothonotary) in duplicate with the prothonotary signed by all parties or their attorneys of record.

CRITICALCivil cases

Applies to

Minor estate allowance petition

When a petition is necessary for an allowance from a minor’s estate, it must provide the listed information about the guardian, minor and family, estate and income, support circumstances, prior allowances, and financial need.

When a petition is necessary for an allowance from a minor's estate, the petition shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; (b) the age and residence of the minor, whether the minor’s parents are living, the name of the person with whom the minor resides, the name and age of the minor’s spouse and children, if any; (c) the value of the minor's estate, real and personal and the net annual income; (d) the circumstances of the minor, whether employed or attending school; if the minor's parents, or other person or persons charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging such person’s duty to support the minor; and whether there is adequate provision for the support and education of the minor, the minor’s spouse and children; (e) the date and amount of any previous allowance by the court; and (f) the financial requirements of the minor and the minor’s family unit, in detail, and the circumstances making such allowance necessary.

CRITICALCriminal cases

Applies to

Real estate deed

A professional bondsman writing bail against real estate must record the deed or deeds in the county or counties where the property is located.

A professional bondsman who desires to write bail against real estate shall record the deed or deeds for such real estate in the county or counties where the same is situated

CRITICAL

Applies to

Exhibit

For an offered exhibit containing confidential information or documents as defined by the stated policy, the proponent must include a completed Confidential Information Form or Confidential Document Form and give it to the assigned court reporter when the evidence is introduced.

3. Confidential Information Form. In all Court Proceedings, the Proponent shall include a properly completed Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the Proponent to the assigned court reporter maintaining the Index of Exhibits at the time evidence is introduced.

CRITICALCivil cases

Applies to

Counseling report

When the court requires counseling, the qualified professional must report to the court whether the parties attended.

Where the court requires counseling as provided in the Divorce Code, a report shall be made to the court by the qualified professional stating whether the parties attended.

CRITICALCivil cases

Applies to

Notice of exhibit attachment

A Notice of Exhibit Attachment must be filed in the EFS, specifically identify the exhibit, and explain why it was not electronically filed.

A Notice of Exhibit Attachment shall be filed in the EFS referencing such an exhibit with specificity and stating the reason why the exhibit was not filed electronically.

CRITICALCivil cases

Applies to

Custody scheduling order

A Custody Scheduling Order must be substantially in the form provided on the Court’s website.

(b) The Custody Scheduling Order shall be substantially in the form provided on the Court’s website www.co.berks.pa.us.

CRITICAL

Applies to

Transcript authorization

If the assigned judge cannot be contacted by all exhaustive means, authorization for the transcript must be made by the respective Administrative Judge or President Judge.

In the event that the assigned judge cannot be contacted by all exhaustive means, the authorization must be made by the respective Administrative Judge or the President Judge of the Court of Common Pleas.

CRITICALCriminal cases

Applies to

Waiver of arraignment

The waiver submission must include the original form and four copies or Court Administration may reject it.

Did not supply required number of copies (original, plus four copies)

CRITICALCriminal cases

Applies to

Corporate surety qualification

A corporate surety may not execute bonds after May 15 until it has a certificate issued after March 31 of that year and has filed its financial statement with the Clerk of Courts.

No bond shall be executed by any corporate surety after May 15 of any year until such a certificate is issued after March 31 of the same year and the financial statement shall have been filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Custody complaint

A custody action must be commenced by filing a verified complaint and three copies in substantially the prescribed form.

(a) An action shall be commenced by filing a verified complaint and three (3) copies of same substantially in the form provided by Pa.R.C.P. 1915.15(a).

CRITICALCivil cases

Applies to

Pretrial conference memorandum

The pre-trial conference memorandum must be filed in accordance with B.R.C.P. 212.2(a) and contain the six specified topics.

A pre-trial conference memorandum shall be filed in accordance with B.R.C.P. 212.2 (a). The memorandum shall contain the following: (1) Summary Statement of Facts; (2) Witnesses Expected to be Called; (3) Expert Witnesses Expected to be Called; (4) Exhibits Expected to be Offered Into Evidence; (5) Legal Issues Anticipated; and (6) Special Problems.

CRITICALCivil cases

Applies to

Proof of service

The filed proof of service must include a verified statement that service was made by certified or registered mail and the sender’s mailing receipt.

Intervenor shall file with the Prothonotary within five days of the filing of Notice of Intervention proof of service of copies thereof consisting of a verified statement as “verified” is defined in Pa.R.C.P.No.76 that service was made by certified or registered mail, with sender’s receipt for certified or registered mail attached thereto.

CRITICALCivil cases

Applies to

Praecipe for argument

When the party with the burden files a praecipe, it must simultaneously file the required copies of its argument brief and proof that the praecipe and brief were served on all other parties; preliminary objections follow the separate date rule cited.

A party having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date, except that the date for argument on preliminary objections shall be as provided in B.R.C.P. 1028 (c), and shall file simultaneously with the prothonotary the required copies of his brief of argument and a proof of service that copies of such praecipe and brief of argument have been served upon all other parties in the case.

CRITICALCivil cases

Applies to

Discovery application

If the parties resolve the application amicably before the hearing, the moving party must file a praecipe withdrawing it or submit a stipulated order.

If the discovery application is resolved amicably prior to the scheduled hearing date, the moving party shall either file a praecipe withdrawing the application or submit a stipulated order to the assigned judge.

CRITICALCivil cases

Applies to

Petition

When a trustee must petition to sell real property at public sale, the petition must separately state the listed information and facts in addition to the requirements of Pa. O.C. Rule 5.10.

(c) Trustee. When it is required that a trustee petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) how title was acquired, stating the date and place of recording of the deed or other instrument of conveyance; (2) a recital of the relevant provisions of the deed, trust, will, or other instrument of conveyance pertaining to the real property to be sold, and of the relevant history of the trust; (3) the names and relationships of all interested parties; a brief description of their respective interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if so, the names of their fiduciaries or virtual representatives, if any; (4) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; (5) that the trustee is not otherwise authorized to sell by statute, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reason; and (6) sufficient facts to enable the court to determine that the proposed sale is for the best interest of the trust or its beneficiaries.

CRITICALCivil cases

Applies to

Complaint

Covered complaints must include the notice to defend in both English and Spanish and identify the specified legal-help agency.

The notice to defend as required by Pa.R.C.P. 1018.1 to be contained in every complaint filed by a plaintiff, and in every complaint filed by a defendant against an additional defendant, shall be required to be set forth in both English and Spanish and shall designate the following agency from whom legal help can be obtained: Lawyers' Referral Service of the Berks County Bar Association 544 Court Street Reading, Pennsylvania 19601 Telephone (610) 375-4591 www.berksbar.com

CRITICALCriminal cases

Applies to

Motion for dismissal

Must include

proposed order

A Defendant moving to dismiss charges after successful ARD completion must file a substantially conforming proposed expungement order with the motion and provide enough copies for distribution.

A Defendant presenting a motion for dismissal of the charges against him/her upon successful completion of the A.R.D. Program pursuant to Pa.R.Crim.P. 319 shall file with the motion a proposed order for expungement of his/her arrest record substantially in the form set forth in B.C.R.Crim.P. 320.2 The moving party shall also file an adequate number of copies of the proposed order for distribution.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

certificate of service

A motion for judgment on the pleadings must be filed simultaneously with a praecipe for argument, an argument brief, and proof of first-class-mail service.

(1) A party filing a motion for judgment on the pleadings shall file simultaneously with the Prothonotary a praecipe for argument and an argument brief, accompanied by a proof of service of copies of the motion, praecipe and brief of argument upon all other counsel and any unrepresented parties by first class mail, all in accordance with the Berks County Rules of Civil Procedure governing Civil Argument Court.

CRITICALCriminal cases

Applies to

Real estate secured bail affidavit

For real-estate-secured bail in the Court of Common Pleas, the bondsman must file the required property statement and a sworn affidavit stating the specified bail and fee information.

Whenever a professional bondsman desires to write bail on the security of said real estate and thereby act as surety in any case pending in the Court of Common Pleas, he or she shall file, in addition to the statement required to be filed with the Clerk of Courts pursuant to subsection (a) hereof, an affidavit sworn to before any official authorized to administer oaths, setting forth the then total amount of bail offered and accepted against said real estate, and still in force, the amount of bail then desired to be written, and the total fee, premium and/or charge which the bondsman has received and/or is entitled to receive for the bail then about to be written.

CRITICALCivil cases

Applies to

Pleading

A party filing a qualifying claim or response in a divorce action must file with the Domestic Relations Section the additional copies required by the Berks County Support rules.

(B) If a claim for alimony pendente lite, child support or paternity, or pleadings responding to such claim, are filed in a divorce action, the party filing such pleading shall file such additional copies with the Domestic Relations Section as shall be required by the Berks County Rules pertaining to Support.

CRITICALCivil cases

Applies to

Petition

A non-partition petition filed by someone other than a personal representative, trustee, or guardian must comply with the above provisions that most closely match the circumstances requiring the petition.

(e) Others. A petition for the sale of real property, other than by partition, filed by a person other than a personal representative of a decedent’s estate, trustee, or guardian shall comply with such of the above provisions as nearly resembles the circumstances necessitating the petition.

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

Must include

proposed order

A proposed Adjudication and Decree confirming the account must be filed and served with the Petition for Adjudication/Statement of Proposed Distribution.

A proposed Adjudication and Decree for confirmation of the account by the court shall be filed and served with the Petition for Adjudication/Statement of Proposed Distribution.

CRITICALCivil cases

Applies to

Proposed rule to show cause order

The proposed rule to show cause order must substantially follow the form set out in paragraph (5).

The proposed rule to show cause Order referred to in paragraph (2) above shall be in substantially the following form:

CRITICALCriminal cases

Applies to

Waiver of arraignment

The judge’s disposition and trial dates must be filled out when the waiver is filed.

The individual judges’ disposition and trial dates can also be found on the County of Berks website – www.berkspa.gov ; *please note, disposition/trial dates must be filled out at time of filing*

CRITICALCivil cases

Applies to

Sworn or verified document

The electronic filer must retain the original of a sworn or verified document and make it available at the court’s direction or upon reasonable request from the signatory or opposing party.

The original of a sworn or verified document that is electronically filed (e.g. affidavit) or is contained with an electronic filing (e.g. verification) shall be maintained by the electronic filer and made available upon direction of the court or reasonable request of the signatory or opposing party.

CRITICALCivil cases

Applies to

Relocation filing

A party proposing relocation must also file a scheduling order so the court can designate a date and time for an expedited hearing.

(f)(4) In addition to the documents required by Pa.R.C.P. 1915.17(f), the party proposing relocation shall also file a scheduling order for the court to designate a date and time for an expedited hearing

CRITICALCivil cases

Applies to

Pretrial conference memorandum

Each pretrial conference memorandum must include the listed information where applicable.

Each party's pretrial conference memorandum shall contain the following information where applicable: (1) Summary Statement of Facts. (2) Amendments to Pleadings. (3) Admissions in Pleadings. (4) Admissions in Discovery by: (i) Requests for Admission. (ii) Answers to Interrogatories. (iii) Oral Depositions of a Party. (5) Itemized Special Damages. (6) General Unliquidated Damages. (7) Stipulations Desired.

CRITICALCivil cases

Applies to

Certificate of readiness for arbitration

A party requesting arbitration listing must file a certificate of readiness using a Court Administration-approved form.

The party requesting that the case be listed for arbitration shall file a certificate of readiness for arbitration on a form approved by Court Administration.

CRITICALCivil cases

Applies to

Petition

A petition for an allowance from an incapacitated person’s estate must include the specified guardian, petitioner, estate, incapacitated person, dependents, creditor, requested-distribution, and prior-distribution information.

(b) Contents of Petition. The petition shall set forth the following: (1) the name of the guardian, the date of the guardian’s appointment, if the petitioner is not the guardian, petitioner’s relationship to the incapacitated person, and, if not related, the nature of the petitioner’s interest; (2) a summary of the inventory, the date it was filed and the nature and present value of the estate; (3) the address and the occupation, if any, of the incapacitated person; (4) the names and addresses of the incapacitated person’s dependents, if any; (5) a statement of all claims of the incapacitated person’s creditors, known to the petitioner; (6) a statement of the requested distribution and the reasons therefor; and (7) a statement of all previous distributions allowed by the court.

CRITICALCivil cases

Applies to

Electronic filing

Required verifications and signature pages executed by someone other than the filer must be scanned and attached to the electronic filing in PDF format when the legal paper is submitted.

The Verification required by Pa.R.C.P. No. 206.1 and Pa.R.C.P. No. 1024 and the signature page(s) of any document or legal paper executed by any party other than the filing party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

CRITICALCivil cases

Applies to

Custody pleading

A party filing a Divorce Code pleading asserting or responding to a custody claim must file the additional copies required by the Berks County Prothonotary Office.

(D) Where pleadings under the Divorce Code asserting a claim for custody or pleadings responding to such claims, are filed, the party filing the same shall file such additional copies as shall be required by the Berks County Prothonotary Office.

CRITICALCivil cases

Applies to

Exceptions to bill of costs

Exceptions to a bill of costs must include a verified statement, as defined in Pa.R.C.P. 76, attesting to the truth of the allegations.

Exceptions to such bill of costs must be filed with the prothonotary, accompanied by a verified statement, as verified is defined in Pa.R.C.P. 76, of the truth of the allegations made therein within five (5) days after receipt of such bill of costs.

CRITICALCriminal cases

Applies to

Real estate statement

The real-estate statement must include each tract’s acquisition cost, assessed valuation, encumbrances and unpaid balances, and the net value of the real estate.

iv. The cost of each tract of real estate when first acquired, the latest assessed valuation for county tax purposes, the mortgages, liens and encumbrances against the real estate, and the balance unpaid on each encumbrance as of the date of the statement; v. The net value of said real estate. (The total fair market value of all tracts of real estate less the total of all encumbrances against the same.)

CRITICALCivil cases

Applies to

Application for additional interrogatories

An application for additional interrogatories must be submitted with a proposed order, and the court may allow some or all of them upon cause shown.

In the absence of such written stipulation the party undertaking the interrogation may present an application for allowance of specific additional interrogatories to the judge assigned to the case, together with a proposed order, after at least forty-eight (48) hours prior oral notice to each opposing party, or, in lieu thereof, after at least five (5) days prior written notice mailed to each opposing party, not orally noticed, at such party's address of record and the court, upon cause shown, may allow service of some or all of the additional interrogatories.

CRITICALCivil cases

Applies to

Proposed order

The completed order must substantially follow the prescribed form and omit its bracketed, italicized explanatory language.

The form of order referred to in paragraph (2) above shall be substantially in the following form, PROVIDED that the bracketed, italicized language is explanatory only and should not appear in the completed form of order served with the preliminary objections:

CRITICALCivil cases

Applies to

Proposed order

To seek complex designation of a support case, a party must first request it at a hearing before the assigned support hearing officer; if the parties agree, they must appear at the first scheduled hearing with a proposed order designating the case as complex and specifying the discovery and completion dates, excluding documents identified in the regular hearing order.

A party or parties seeking to have a support case designated as complex shall first proceed to a hearing before the assigned support hearing officer and request that the case be so designated. If appropriate, the hearing officer shall prepare a recommended order for the court which designates the case as complex and sets forth a discovery schedule which identifies with specificity the discovery to be conducted (other than the documents identified in the regular order to appear at the hearing), and dates by which the discovery shall be completed. If the parties agree to such designation, they shall appear at the first scheduled hearing and present a proposed order containing the above information.

CRITICALCivil cases

Applies to

Parenting coordinator roster application

An attorney or mental health professional seeking inclusion on the parenting coordinator roster must submit a signed affidavit to Court Administration attesting to the state-rule qualifications.

(b)(2)(ii) An attorney or mental health professional seeking to be included on the Berks County roster of qualified individuals to serve as a parenting coordinator shall submit a signed affidavit to Court Administration as designee of the Administrative Family Court Judge attesting that he or she meets the qualifications outlined in the state rule.

CRITICALCivil cases

Applies to

Motion for appointment of divorce master

The motion must substantially follow Pa.R.C.P. 1920.74 and include the specified certification that the notice was mailed and attached.

The form of Motion for Appointment of Divorce Master shall be substantially as set forth in Pa.R.C.P. 1920.74 provided that the following shall be added: I certify that the notice required by B.R.C.P. 1920.51.4(c) was mailed on __________________ and a copy is attached hereto.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A party seeking an order or decree must file a proposed form of the requested order or decree with the motion, petition, or application.

A party presenting a motion, petition or application for an order or decree shall file with the motion, petition or application a proposed form of the order or decree sought,

CRITICALCivil cases

Applies to

Certificate of readiness

If no objection is sent within ten days, the party must file the certificate, a copy of the letter, proof of service, and the documents required by B.R.C.P. 207.1(f).

If no objection to the filing of a certificate of readiness is sent to the party desiring that the certificate of readiness be filed within the ten day period referred to in (b)(i)(A) above, that party shall file with the prothonotary the certificate of readiness, a copy of the letter sent to the other parties together with a proof of service and the documents required by B.R.C.P. 207.1(f).

CRITICALCivil cases

Applies to

Alimony only order

To have an alimony-only order paid through the Domestic Relations Section, parties must file a DRS alimony order, the signed divorce decree, and the agreement containing the alimony terms with the Docketing Division.

Parties seeking to have an alimony-only order paid through the Domestic Relations Section shall file a DRS alimony order, copy of signed divorce decree in the parties’ related divorce action, and post- nuptial or property settlement agreement containing terms of the alimony in the Domestic Relations Section Docketing Division.

CRITICALCivil cases

Applies to

Confession of authority

The confession-of-authority paper must be retained and filed, except that an attested copy of an inseparable lease or contract may be filed instead.

In every case of the entry of a judgment by the prothonotary on a bond, note or other instrument containing a confession of judgment or authority to enter the same, the paper containing such confession of authority shall be retained in his or her office and duly filed. Where, however, the warrant of attorney constitutes an integral part of a lease or other original contract, from which it cannot be separated without injury to the whole, it shall be sufficient to file a copy of the lease or contract, the correctness of which copy shall be attested by an agreement of the parties or by the prothonotary or his or her deputy upon the paper filed from inspection of the original.

CRITICALCivil cases

Applies to

Custody order

A custody, partial custody, or visitation order must have one or more appendixes affixed and made part of the order.

Any Order for custody, partial custody or visitation entered by the Court, either by stipulation or after hearing held, shall have affixed to it one or more appendixes that shall be made a part of the Court Order.

CRITICALCivil cases

Applies to

Certification

The filer must submit a certification with the separate praecipe stating a qualifying basis for the action.

(3) files with said separate praecipe a certification that said action;

CRITICALCivil cases

Applies to

Mediator application

An attorney mediator in Berks County must certify in the application for inclusion on the court-approved mediator list that they are a member in good standing of the Pennsylvania Supreme Court Bar as of the application date.

In addition to meeting the qualifications set forth in Pa.R.C.P. 1940.4, mediators in Berks County who are attorneys shall certify to the Court in their application for inclusion on the list of court-approved mediators that the attorney is a member in good standing of the Bar of the Supreme Court of Pennsylvania as of the date of the application.

CRITICAL

Applies to

Document containing personal information

A person filing a document containing personal information must file a Confidential Information Form with the redacted document.

persons who file documents that contain personal information as defined by the Policy shall file a Confidential Information Form along with the redacted copy of the document

CRITICALCivil cases

Applies to

Notice of sale

The sale notice must identify the security or document, its delivery date to the broker, and the broker's name and address.

The notice shall set forth the security or negotiable document of title to be sold and the date on which said security or negotiable document of title will be delivered to the broker for sale and said notice shall give the name of said broker and his address.

CRITICALCriminal cases

Applies to

Ard application

The expedited-procedure ARD application must use the form prescribed by the Court in B.C.R.Crim.P. 310.

The application for consideration for the Accelerated Rehabilitative Disposition Program on the form prescribed by the Court in B.C.R.Crim.P. 310 shall be filed by the Defendant or his counsel with the issuing authority immediately after the charges are either waived into Court or after hearing held, bound over to Court.

CRITICALCivil cases

Applies to

Petition for private sale

A petition for leave to sell real estate at private sale must separately state the purchaser’s name and address, sale price and terms, any fiduciary’s lack of interest as purchaser, and whether other interested parties support and will join in a deed for an undivided interest sale.

the petition shall also set forth in separate paragraphs: (1) The name and address of the proposed purchaser; (2) The price to be paid and the terms of sale; (3) If a fiduciary shall seek authorization to sell, that he or it is not interested therein as purchaser either directly or indirectly; (4) Where the proposed sale is of an undivided interest, whether the other parties in interest desire the sale to be made and are willing to join in a deed.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

For complaints and arrest warrant affidavits charging the offenses listed in Rule 507, a judicial officer may not accept them unless an Attorney for the Commonwealth approved them before filing.

shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an Attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Official court transcript

An official proceeding transcript requires written court authorization or order and the assigned Common Pleas judge’s written consent; if the assigned judge cannot be contacted after exhaustive efforts, authorization must come from the Administrative Judge or President Judge.

(A) All transcripts of official court proceedings shall be prepared only upon written authorization or order of Court. No transcript of any official court proceeding may be prepared without the written consent of the Common Pleas Court judge assigned to the respective case. In the event that the assigned judge cannot be contacted by all exhaustive means, the authorization must be made by the respective Administrative Judge or the President Judge of the Court of Common Pleas.

CRITICALCivil cases

Applies to

Motion

A motion for judgment on the pleadings must be filed simultaneously with an argument brief, argument scheduling order, and proof of service.

(a) A party filing a motion for judgment on the pleadings shall file simultaneously with the Clerk an argument brief, an argument scheduling order, and a proof of service.

CRITICALCriminal cases

Applies to

Exceptions to bill of costs

Exceptions to a bill of costs must be accompanied by an affidavit attesting to the truth of their allegations.

Exceptions to such bill of costs must be filed with the Clerk of Courts, accompanied by an affidavit of the truth of the allegations made therein within five (5) days after such bill of costs is filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Court proceeding

Counsel must arrange for an official court interpreter to be present at any proceeding requiring an interpreter.

Counsel shall make the necessary arrangements for an official court interpreter to be present for any court proceedings.

CRITICALCriminal cases

Applies to

Ard application

An ARD application must use the court-prescribed form, provide the specified identifying and case information, and be signed by the District Attorney or by the Defendant and counsel who has entered a written appearance.

The application shall be on the form prescribed by the court and shall set forth, inter alia, the name and address of the Defendant, date complaint filed, if arraigned on information the date of arraignment, criminal charges set forth in the information, or if not yet filed the criminal charges for which Defendant was held for court by the issuing authority, criminal court number, or if not yet available the OTN number, and shall be signed by the applicant, i.e., the District Attorney, or by Defendant and defense counsel who has entered a written appearance.

CRITICALCriminal cases

Applies to

Surety agent qualification

A surety agent must file with the Clerk of Courts the corporate surety’s Power of Attorney stating the maximum liability per bail and proof of licensing before executing a bail bond.

Every agent, acting on behalf of a corporate surety, may execute a bail bond required to be filed in this Court provided that a Power of Attorney issued by the corporate surety setting forth the maximum limit of liability per bail along with proof of licensing by the Insurance Department of the Commonwealth of Pennsylvania, shall be filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Attorney information form

An attorney admitted to practice before the Pennsylvania Supreme Court with a primary office in Berks County must file the designated form with Court Administration, identifying the attorney's practice and professional associations.

(c) Every attorney admitted to practice before the Supreme Court of Pennsylvania with a primary office located in Berks County shall file with Court Administration appropriate information on a form designated by Court Administration for this purpose, indicating whether or not said attorney is practicing alone, is a member of a firm, or is associated in some way with one or more other lawyers (either in

CRITICALCivil cases

Applies to

Petition

The petition must include the specified physician affidavit, acknowledgments from the carrier and, if married, the carrier’s spouse, and a stipulation that the proposed decree is acceptable.

(b) Exhibits. There shall be attached to the petition the following exhibits: (1) an affidavit by the physician attesting to his or her being licensed to practice medicine and the facts relating to the oocyte/ova retrieval, sperm collection, in vitro fertilization, transfer of viable embryo(s) into the uterus of the gestational carrier, the number of children expected to be born, and that the children expected to be born are not the genetic children of the gestational carrier; (2) acknowledgments from the gestational carrier and, if married, her spouse, stating that the carrier and her spouse are not the biological parents of the child(ren), stating awareness that signing the acknowledgment will grant all the rights and duties of parenthood to the petitioners intending to be named as the legal parents and that the carrier and her spouse will have no such rights or duties, and authorizing the submission of the appropriate forms to the Division of Vital Records identifying the petitioners intending to be named as the legal parents as the parents. Each acknowledgment shall also state that the carrier and her spouse have the right to refuse to sign the acknowledgment and that such refusal would result in being named as the parent of the child(ren); and (3) a stipulation by the petitioners and counsel for the Department of Health that the proposed decree is acceptable to them.

CRITICALCivil cases

Applies to

Request

A request for argument filed by the non-moving party must include proof of service.

(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request.

CRITICALCivil cases

Applies to

Return

Must include

proposed order

A proposed order approving the sale to the highest bidder at the bid price must be filed with the return.

A proposed order approving the sale to the highest bidder at the bid price shall be filed with the return.

CRITICALCivil cases

Applies to

Certificate of readiness for trial

When a case is stricken from the arbitration list, counsel must file a court-approved certificate of readiness for trial in accordance with B.R.C.P. 212.1.

If a case is stricken from the arbitration list, counsel shall file a certificate of readiness for trial on the form approved by the court in accordance with B.R.C.P. 212.1.

CRITICALCivil cases

Applies to

Pretrial status conference memorandum

The Pretrial Status Conference Memorandum must address the facts, desired stipulations, expected witnesses and exhibits, legal issues, and special problems.

Pretrial Status Conference Memorandum shall contain a summary statement of facts, stipulations desired, witnesses expected to be called, exhibits expected to be offered, legal issues, and special problems.

CRITICALCivil cases

Applies to

Drs alimony order

A DRS alimony order must include a provision for payment of any arrears that may accrue.

The DRS order for alimony shall include a provision for payment of any arrears which may accrue.

CRITICALCivil cases

Applies to

Pleading

A pleading claiming future damages must comply with Rule 251 and the Act of May 2, 1876.

A pleading which claims future damages arising from a cause of action pleaded shall meet the requirements of this Rule and the Act of May 2, 1876, P.L. 95.

CRITICALCivil cases

Applies to

Motion for transcription

The party filing exceptions must immediately request a transcript by filing a motion for transcription using the form accompanying the written exceptions procedure.

The party filing exceptions is responsible for immediately requesting transcription of the record of the proceeding by filing a motion for transcription on the form which accompanies the written exceptions procedure.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A party seeking interim counsel fees or specified discovery must file a petition with a proposed order for a rule to show cause.

A party seeking interim counsel fees, or discovery under Pa.R.C.P. 1920.22(a), shall file a petition with the court, together with a proposed order for a rule to show cause, which shall be disposed of in accordance with B.R.C.P. 206-208.

CRITICALCivil cases

Applies to

Petition

A petition to establish parentage for a child to be born by gestational carrier must set forth each of the listed facts and statements.

(a) Form of Petitions, Contents. A petition to establish the parentage of a child to be born by gestational carrier shall set forth: (1) the name and address of each petitioner; (2) the source of the oocyte/ova and sperm used for in vitro fertilization; (3) the name and address of the physician(s) performing or supervising the oocyte/ova retrieval, sperm collection, in vitro fertilization, and transfer of viable embryo(s) into the uterus of the gestational carrier; (4) the number of embryos transferred, and the number of children expected to be born; (5) the expected date and location of birth; (6) the method by which it can be established that the pregnancy is the result of only the embryo transfer and not the result of fertilization of the carrier’s own ova; (7) that the petitioners intending to be named as the legal parents of the child(ren) expected to be born by the gestational carrier, the carrier, and, if married, the carrier’s spouse have expressed their intentions that the intended legal parents shall have exclusive custody and all parental rights and duties with respect to the child(ren) and that they join in and consent to the petition; and (8) that the Department of Health does not object to the relief requested.

CRITICALCivil cases

Applies to

Motion for post trial relief

A claim raised in a motion for post-trial relief must be supported by argument in a written brief or it is conclusively abandoned and waived.

(c) Any claim raised in a motion for post-trial relief which is not supported by argument set forth in a written brief shall conclusively be considered abandoned and waived by the moving party.

CRITICAL

Applies to

Transcript request form

The requester must complete Sections I–IV, sign and date the form, and make additional copies for distribution.

(c) Fill out the Transcript Request Form Sections I, II, III, and IV. Sign and date the Transcript Request Form. YOU MUST MAKE ADDITIONAL COPIES OF THE TRANSCRIPT REQUEST FORM FOR DISTRIBUTION;

CRITICALCivil cases

Applies to

Proposed order

The party filing exceptions must submit a proposed order using the court's stated form.

(c) The proposed Order to be submitted by the party filing the exceptions shall be in the following form: ORDER AND NOW, ___________________________, exceptions having been filed to the Order recommended by the Berks County Custody Conciliator, a pre-trial conference is hereby scheduled for ____________________ at ________________ in ____________________ of the Berks County Courthouse/Services Center. A pre-trial conference memorandum shall be filed in accordance with B.R.C.P. 212.2 (a). The memorandum shall contain the following: (1) Summary Statement of Facts; (2) Witnesses Expected to be Called; (3) Expert Witnesses Expected to be Called; (4) Exhibits Expected to be Offered Into Evidence; (5) Legal Issues Anticipated; and (6) Special Problems. BY THE COURT: _______________________________________ J.

CRITICALCivil cases

Applies to

Exceptions

After the court enters an order determining any record corrections, the petitioner must proceed under subsection (a)(1), filing and serving exceptions.

Upon such order being entered, the petitioner shall proceed in accordance with subsection (a)(1) of this Rule.

CRITICALCivil cases

Applies to

Custody pleading

A pleading asserting a custody claim in a divorce complaint must contain the information required by Pa.R.C.P. No. 1915.15.

Such pleading shall contain the information required by Pa.R.C.P. No. 1915.15.

CRITICALCivil cases

Applies to

Discovery application

Discovery applications, except those under B.R.C.P. 4005(b) and 4012, must be filed with a proposed order containing spaces for the hearing date, time, and place.

Except as provided in B.R.C.P. 4005(b) and 4012, all discovery applications shall be filed with the Prothonotary along with a proposed order scheduling the matter for disposition before a Discovery master. The proposed order shall contain a space for the Court to enter a date, time and place for a hearing on the discovery application.

CRITICAL

Applies to

Ordinary original transcript

Upon completion of a transcript chargeable to the Commonwealth or a subdivision, the reporter must lodge and file the original and deliver one complete copy to each listed eligible recipient.

(2) Upon completion of the transcript, the court reporter shall lodge and file the ordinary original transcript and shall deliver one (1) complete copy to each of the following: (a) to the District Attorney of Berks County if said District Attorney of Berks County is a party to the action or is representing the Commonwealth in said action; (b) to the County Solicitor of Berks County if the County Solicitor is a party to the action or is representing the County in said action; (c) to any party proceeding in forma pauperis; (d) to any person or entity, including but not limited to the Commonwealth or any of its political subdivisions.

CRITICALCivil cases

Applies to

Account

An account must be accompanied by the Supreme Court-approved Petition for Adjudication/Proposed Statement of Distribution to be accepted for filing and advertisement.

No account shall be accepted for filing and advertisement unless accompanied by the Supreme Court-approved Petition for Adjudication/ Proposed Statement of Distribution.

CRITICALCivil cases

Applies to

Surety approval application

Except for corporations, an application for approval of a surety must include the proposed surety’s affidavit stating the specified personal, real-estate, encumbrance, valuation, title, and net-worth information.

(a) Individual Sureties. Except in the case of corporations, applications for the approval of sureties, preferably on forms provided by the Clerk, shall be accompanied by the affidavit of the proposed surety setting forth, (a) his or her name, age, residence and occupation, and whether or not he or she is married; (b) the location of the real estate owned by the proposed surety, or so much as may be sufficient, with a reference to the record of the deed therefor, the nature and amount of the encumbrances, if any, the assessed value thereof and whether title is held by the proposed surety in fee; and (c) that the proposed surety believes that after the payment of his or her debts, engagements and liabilities, his or her worth is not less than an amount to be stated.

CRITICALCivil cases

Applies to

Commonwealth of Pennsylvania Notification of Mental Health Commitment (Form SP 4-131)

Promptly after appointment, a court-appointed guardian must submit a completed Form SP 4-131 to the court.

Promptly upon appointment, a court-appointed guardian shall submit a completed Commonwealth of Pennsylvania Notification of Mental Health Commitment (Form SP 4-131) to the court.

CRITICALCivil cases

Applies to

Praecipe to transmit record

The party filing the praecipe must also file a proposed divorce decree and a certificate of addresses.

The party filing the praecipe to transmit the record shall also file a proposed divorce decree and a certificate of addresses.

CRITICALCriminal cases

Applies to

Administrative order and local rule

One certified copy of the Administrative Order and Local Rule must be filed with the Administrative Office of Pennsylvania Courts.

- 1. File one (1) certified copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

CRITICALCivil cases

Applies to

Bankruptcy notice

The bankruptcy notice must be filed under the state-court case caption and number and include a certified copy of the bankruptcy petition’s face sheet showing the filing date.

The written notice shall be filed to the caption and number of the case in this court and have attached to it a photocopy of the face sheet of the Bankruptcy petition certified by the Clerk of the Bankruptcy Court clearly showing the filing date.

CRITICALCivil cases

Applies to

Return

The seller’s return must be filed as an affidavit.

(b) Return. Within five days after the sale, or such other time as the order approving a public sale provides, the seller shall file a return in the form of an affidavit, which shall set forth:

CRITICALCivil cases

Applies to

Notice

A notice under Pa.R.C.P. 2205 must substantially follow the prescribed form.

Where, under the provisions of Pa.R.C.P. 2205, notice is required to be given to any person, it shall be given to such person in substantially the following form:

CRITICALCivil cases

Applies to

Divorce action

Every divorce action must identify itself as a DIVORCE filing in the caption.

All divorce actions shall contain a notation in the caption to identify it as a DIVORCE filing.

CRITICALCriminal cases

Applies to

Returned copies

Returned copies must include the specified notice stating the acceptance date and why the papers were not forwarded.

The following notice shall be attached to the returned copies: NOTICE: The attached papers were accepted on (date). These papers were not forwarded to the assigned judge due to failure to the failure to comply with B.R.J.A. 401.1, Pa. R.Crim.P. 576 and B.C.R.Crim. P. 576.

CRITICALCivil cases

Applies to

Petition

A tenant seeking this appeal-related relief must petition by averring financial inability to file a surety bond and supporting that assertion with a verified statement; the court may approve rental payments into an approved escrow account during the proceedings.

In cases where a tenant in possession of real property desires to appeal from a judgment for the possession of real property entered by a magisterial district judge and is financially unable to file a bond with surety as required by Pa. R.C.P.M.D.J. 1008B, such tenant, upon petition averring such financial inability to file a bond with surety and supported by a verified statement, as verified is defined by Pa. R.C.P. 76, required by B.R.C.P. 240, to file a bond, and upon approval by the court may be permitted to deliver to the prothonotary rental payments coming due during the proceedings in the court of common pleas for deposit in an escrow account in a bank or trust company approved by the court.

CRITICALCriminal cases

Applies to

Arraignment waiver

Except in murder cases, a represented Defendant may waive arraignment by entering a written not-guilty plea or written mute notation on the Information, obtaining counsel’s endorsement, signing a waiver with counsel, and completing the required document-receipt process.

The provisions of B.C.R.Crim.P. 571 notwithstanding, in all cases in which a Defendant is charged with crime, other than murder, the Defendant, if represented by counsel who has entered his appearance in writing, may enter a plea of "not guilty", or by notation on the Information stands mute in the presence of counsel without appearing at arraignment court. Where a notation is made that the Defendant stands mute, the Clerk of Courts shall enter a plea of "not guilty" on behalf of the Defendant. Such plea or notation that the Defendant stands mute may be entered in the District Attorney's office at any time prior to 5:00 P.M. of a day preceding arraignment court, providing the Defendant enters the plea of "not guilty" in writing upon the face of the information, or in the case where the Defendant stands mute enters such notation in writing upon the face of the information, and that the attorney who has appeared for the Defendant approves such action by likewise endorsing his name upon the information; and providing further that the Defendant and his counsel sign a waiver of the right to arraignment; further, Defendant shall be furnished documents required by the applicable Pennsylvania Rules of Criminal Procedure and Defendant and his counsel shall execute a receipt therefore.

CRITICALCivil cases

Applies to

Exceptions

Exceptions must be filed in accordance with B.R.C.P. 207.1(a) and include a copy for the Custody Conciliator.

(b) Any exceptions shall be filed in accordance with B.R.C.P. 207.1(a), including therewith a copy for the Custody Conciliator.

CRITICALCriminal cases

Applies to

Cash secured bail filing

For cash-secured bail before a Magisterial District Judge, the bondsman must file a copy of the current clerk’s receipt and a sworn affidavit stating the specified financial and bail information.

Whenever a professional bondsman desires to write bail on the security of cash deposited with the clerk and thereby act as surety in any case pending before the Magisterial District Judge, he or she shall file with the Magisterial District Judge a copy of the clerk’s current receipt for said cash, and in addition, an affidavit sworn to before any official authorized to administer oaths, setting forth the then total amount of cash then on deposit with the clerk, the total amount of bail offered and accepted on the security of said cash and still in force, the amount of bail then desired to be written, and the total fee, premium and/or charge which the bondsman has received and/or is entitled to receive for the bail about to be written.

CRITICAL

Applies to

Transcript cost waiver application

An application to waive all or part of ordinary transcript costs must include an affidavit substantially in the form required by Pennsylvania Rule of Civil Procedure 240(h).

(D) The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Petition for late joinder

A defendant seeking late joinder of an additional defendant must petition, state the cause for lateness, attach the proposed complaint, and request a rule directing all parties of record to show cause.

A defendant or additional defendant seeking late joinder of an additional defendant shall do so by petition setting forth cause for late joinder, attaching a copy of the proposed complaint against the additional defendant to be joined, and requesting a rule upon all parties of record to show cause why late joinder should not be allowed.

CRITICALCivil cases

Applies to

Preliminary decree

A proposed preliminary decree must provide separate spaces for a return date and, if the court chooses to schedule one, a hearing date.

The proposed form of a preliminary decree for the issuance of a citation shall include a space for a return date and a separate space for a hearing date should the court choose to schedule a hearing pending receipt of an answer.

CRITICALCivil cases

Applies to

Corporate fiduciary qualification statement

Each year, by May 1, a corporate fiduciary must file an executive-officer-verified statement that it remains qualified to act in that capacity.

Thereafter, on or before the first day of May of each year such corporation shall file a statement, verified by the oath or affirmation of an executive officer thereof, that it continues to be qualified to act in such capacity.

CRITICALCivil cases

Applies to

Divorce finalization

The party finalizing the divorce must provide the signed divorce decree to the Domestic Relations Section Docketing Division upon receipt.

The party filing to finalize the divorce shall provide the Domestic Relations Section Docketing Division with a copy of the divorce decree in the related divorce action upon receipt of the signed decree.

CRITICALCivil cases

Applies to

Attorney information form

The attorney information form must also state the attorney's willingness to serve as an arbitrator, primary office location, Pennsylvania admission status, and any chairperson qualifications required by B.R.C.P. 1302.2.

Said attorney shall also notify Court Administration on said form whether said attorney is willing to serve as an arbitrator, the location of his/her primary office, whether he/she is admitted to practice law in the Commonwealth of Pennsylvania and any qualifications for chairperson as required in B.R.C.P. 1302.2.

CRITICALCivil cases

Applies to

Motion

Parties seeking relief related to an alimony-only order must file the appropriate motion before the assigned judge or court.

Parties seeking modification, termination, enforcement or other relief related to an alimony-only order shall file the appropriate motion before the assigned judge or court.

CRITICALCivil cases

Applies to

Relocation filing

The non-relocating party must also file a scheduling order so the court can designate a date and time for an expedited hearing.

(g)(3) In addition to the documents required by Pa.R.C.P. 1915.17(g), the non-relocating party shall also file a scheduling order for the court to designate a date and time for an expedited hearing.

CRITICALCivil cases

Applies to

Notice to prothonotary

A divorce complaint containing a custody count must include a Notice to the Prothonotary substantially in the prescribed form.

(a) In a divorce complaint containing a count for custody the Notice to the Prothonotary shall be substantially in the following form: NOTICE TO PROTHONOTARY A claim for custody is asserted in this pleading. [There have been no prior proceedings between the parties, or there has been a prior proceeding between the parties which is as follows: (Include the caption and term number and the nature of such prior proceedings)]

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

All preliminary objections must include a proposed order substantially in the prescribed form, including a schedule for a status conference or argument and, if argument is selected, dates for the supporting and response briefs.

A proposed order for the scheduling of a status conference or argument shall be attached to all preliminary objections and shall be in substantially the following form: (CAPTION) ORDER AND NOW, (month)_______, 20___, the above-captioned matter is scheduled for: ( ) a status conference on ______________, 20___ at _______ a.m./p.m. in the chambers of the undersigned. ( ) an oral argument on ______________, 20___ at _______ a.m./p.m. in the courtroom of the Berks County Courthouse/Services Center assigned to the undersigned. A brief in support of the preliminary objections shall be filed on or before _______________, 20____. A response brief shall be filed on or before _______________, 20____.

CRITICALCivil cases

Applies to

Annual report

The annual report must attest to the information required by 20 Pa.C.S.A. §5521(c).

File an annual report electronically through the Guardianship Tracking System or, on forms available in the Register of Wills/Clerk of the Orphans’ Court office attesting to the information required by 20 Pa.C.S.A. §5521(c).

CRITICALCriminal cases

Applies to

Real estate statement

A bondsman writing bail against real estate must file a court-approved sworn property statement containing the specified property, ownership, and valuation information, with an appraisal attached.

A professional bondsman who desires to write bail against real estate shall record the deed or deeds for such real estate in the county or counties where the same is situated and shall file with the Clerk of Courts a statement, under oath, approved by the court, listing the real estate owned by him or her and situated in Pennsylvania. Such statement shall also set forth: i. The description of each tract of real estate, its location by county, municipality and post office address, if any, the deed book volume and page where a copy of the deed is recorded and the acreage or square footage contained in each tract; ii. An averment that the professional bondsman filing the statement is the sole equitable and legal owner of said real estate and the exact name in which said bondsman holds title; iii. The fair market value of each tract of real estate as of the date of said statement as determined by an experienced real estate broker and appraiser. The professional bondsman shall attach a copy of said appraisement to the statement;

CRITICALCivil cases

Applies to

Bill of costs

A witness-attendance bill of costs must identify the witnesses and attendance and mileage details, and include the specified certification and averments.

A bill of costs for attendance of witnesses shall contain the name and post office addresses of the witnesses, the dates of their attendance and the place from which mileage is claimed. It shall be certified by the party filing it or his attorney and shall aver that the witnesses were actually present in court on the days stated, that in the opinion of the signature the witnesses were deemed material and their attendance necessary and that they are persons entitled to witness fees.

CRITICALCivil cases

Applies to

Petition

A petition to sell real property at public sale must have the listed appointment instrument, consents or joinders, proposed sale terms, two valuation affidavits, and qualifying appraisal reports attached.

The following exhibits shall be attached to a petition to sell real property at public sale: (a) a copy of the will, deed, decree or other instrument by which the fiduciary was appointed; (b) any consents or joinders of interested parties, including any lienholder whose lien would otherwise not be discharged by the sale; (c) the proposed terms and conditions of sale; (d) affidavits of two disinterested and competent persons familiar with said real estate as to the value of the tract or tracts desired to be sold; and (e) any appraisal reports that have been prepared within the preceding five years.

CRITICALCivil cases

Applies to

Amended pleading

For the objections to be stricken from the argument list based on a late amended pleading, the pleading must be accompanied by or follow a counsel stipulation waiving the deadline or a court order permitting the late filing.

(2) The amended pleading is accompanied by or follows the filing of a written stipulation of counsel waiving the time limitation set forth in Pa.R.C.P. No. 1028(c)(1) for the filing of the amended pleading; or (3) The amended pleading is accompanied by or follows the filing of a court order permitting the amended pleading to be filed notwithstanding the time limitation set forth in Pa.R.C.P. No. 1028(c)(1).

CRITICALCivil cases

Applies to

Military service affidavit

A required military-service affidavit must state facts showing the defendant is not in military service; if the plaintiff cannot file it, the plaintiff must file certifications from the five armed-service branches.

The affidavit regarding military service where required to be filed under Pa.R.C.P. No. 1920.46 shall set forth the facts establishing that the defendant is not in the military service of the United States. If unable to file such affidavit, plaintiff shall file certifications from the five branches of the armed services that defendant is not a member.

CRITICALCivil cases

Applies to

Complaint or counterclaim

Each covered complaint or counterclaim must state the applicable amount-in-controversy category in its first paragraph.

(b) For purposes of determining the amount in controversy, every complaint or counterclaim in such civil action, in replevin or upon a mechanics' lien, shall set forth in the first paragraph thereof a statement that the total amount of damages claimed in such pleading, exclusive of interest and costs, is Fifty Thousand Dollars $50,000 or less or is more than Fifty Thousand Dollars $50,000 or in replevin that the value of the property claimed is Fifty Thousand Dollars $50,000 or less or is more than Fifty Thousand Dollars $50,000.

CRITICALCivil cases

Applies to

Published notice

A published notice concerning real estate must sufficiently identify the property, but may omit a full description if it references the volume and page where the recorded description appears.

If the subject matter of the action is real estate, the published notice shall contain a sufficient description of the real estate involved to identify it, but need not set forth a full and detailed description, if reference is made in said advertisement to the volume and page in the Recorder of Deeds office of this county where a recorded description of said property appears.

CRITICALCivil cases

Applies to

Electronic filing

Electronic filing with the issued credentials constitutes the party’s signature and, for an attorney filer, certifies authorization to file.

The electronic filing of legal papers utilizing the User Name, Password and PIN issued as provided by this rule and Pa.R.C.P. No. 205.4, constitutes the party’s signature on electronic documents as provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a certification of authorization to file it as provided in Pa.R.C.P. No. 205.1.

CRITICALCivil cases

Applies to

Praecipe

Except for judgments entered upon default, warrant of attorney, or confession, a praecipe establishing the present right to judgment must be submitted for the prothonotary to enter judgment.

All judgments except those entered upon default or under a warrant of attorney or confession shall be entered by the prothonotary on receipt of a praecipe showing all data requisite to establish a present right to the entry thereof.

CRITICALCriminal cases

Applies to

Exceptions to costs

Exceptions to those costs must be accompanied by an affidavit attesting to the truth of their allegations.

At any time prior to payment, either party may file exceptions to any costs taxed by the Clerk of Courts other than those shown on a party’s bill of costs. such exceptions shall be accompanied by an affidavit of the truth of the allegations contained therein.

CRITICALCivil cases

Applies to

Settlement letters

At the pretrial conference, counsel must exchange letters stating their respective settlement demands and offers.

At the time of the conference, counsel shall exchange letters setting forth their respective settlement demand and settlement offer.

CRITICALCivil cases

Applies to

Emergency petition

Must include

proposed order

An emergency petition must have an attached proposed order for relief and a Rule to Show Cause substantially in the stated form.

A proposed order for relief and a rule to show cause in substantially the following form shall be attached to the petition.

CRITICALCivil cases

Applies to

Motion for appointment of divorce master

The motion for appointment must have a copy of the notice attached when filed.

A copy of the notice shall be attached to the motion for appointment when it is filed.

CRITICALCivil cases

Applies to

Pleading

Every Family Court pleading must identify in its caption whether it concerns protection from abuse, child custody, support, or divorce.

To clearly identify the type of action under the unified docketing system. all Family Court pleadings shall contain a notation in the caption as to whether the pleading pertains to PROTECTION FROM ABUSE; CHILD CUSTODY; SUPPORT; OR DIVORCE.

CRITICALCivil cases

If a response is filed, any party may file a request, accompanied by a scheduling order and a proof of service, to list the motion for summary judgment for oral argument.

If a response is filed, any party may file a request, accompanied by a scheduling order and a proof of service, to list the motion for summary judgment for oral argument.

CRITICALCivil cases

Applies to

Application

Must include

proposed order

All applications governed by the rule must have an attached proposed rule to show cause order.

A proposed rule to show cause order in substantially the form set forth in paragraph (5) below shall be attached to all applications governed by this rule.

CRITICALCivil cases

Applies to

Argument brief

Must include

proposed order, certificate of service

The opposing party's argument brief must include a proposed order and proof of service of the brief and order on all other counsel and unrepresented parties.

If no amended pleading is filed in accordance with paragraph (4) above, any party opposing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, file an argument brief in response to the preliminary objections, accompanied by a proposed order and proof of service of copies of the argument brief and proposed order upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Applies to

Motion

A motion without a written certification that it is uncontested must contain a concise statement of its legal basis and supporting authority.

Any motion which is not accompanied by a written certification by the moving party and/or such party’s counsel that such motion is uncontested shall contain a concise statement of the legal basis and authority relied upon in support of the motion.

CRITICALCivil cases

Applies to

Divorce code pleading

A pleading asserting a claim for alimony pendente lite, child custody, child support, or paternity must include a Confidential Family Court Cover Sheet that certifies details of any former proceeding between the parties.

(A) A Confidential Family Court Cover Sheet shall be attached to any pleading under the Divorce Code, wherein a party asserts a claim for alimony pendente lite, child custody, child support or paternity. The filing party shall certify the existence or non-existence of any former proceeding between the parties including the caption and term number thereof, and the nature of such prior proceeding on the Confidential Family Court Cover Sheet.

CRITICALCivil cases

Applies to

Certificate of readiness

For a verdict by agreement, counsel must sign and file a certificate of readiness stating that the verdict will be taken by agreement.

Where a verdict is to be taken by agreement, a certificate of readiness shall be signed by counsel and filed, and shall contain a notation that a verdict will be taken by agreement.

CRITICALCriminal cases

Applies to

Summary case ARD application

The ARD application must substantially follow the form specified in the rule.

9. The ARD application referred to in paragraph 2 shall be in substantially the following form:

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

Criminal complaints and arrest warrant affidavits for the listed offenses require approval from an Attorney for the Commonwealth before filing.

AND NOW, this 5th day of December, 2008, the District Attorney of Berks County hereby certifies that, pursuant to Pennsylvania Rule of Criminal Procedure, No. 507, the District Attorney is requesting that Rule 507 of the Local Rules of Criminal Procedure be amended to hereby require that the following charges also require the approval of an Attorney for the Commonwealth prior to filing. Accordingly, IT IS ORDERED that these additional charges are added as follows: - 1. Title 18, Chapter 31, Subsection 3121 - Rape - 2. Title 18, Chapter 31, Subsection 3122.1 - Statutory Sexual Assault - 3. Title 18, Chapter 31, Subsection 3123 - Involuntary Deviate Sexual Intercourse - 4. Title 18, Chapter 31, Subsection 3124.1 - Sexual Assault - 5. Title 18, Chapter 31, Subsection 3124.2 - Institutional Sexual Assault - 6. Title 18, Chapter 31, Subsection 3125 - Aggravated Indecent Assault IT IS HEREBY ORDERED that the criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an Attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Application for bar admission

An application for county bar membership must be referred to the Admissions Committee, and must contain the applicant’s name and address, office-intention statement, Commonwealth bar admission date, and current Pa. R.D.E. 219 certificate.

(b) Applications for membership in the bar of this county shall be referred to the Admissions Committee of the Berks County Bar Association and motions for admission shall be made to said committee. Said application shall contain the following: (1) Applicant's name and address. (2) A statement of applicant's intention to establish and maintain his/her principal office for the practice of law in this county. (3) The date applicant was admitted to the bar of this Commonwealth. (4) Current certificate issued by the Court Administrator of Pennsylvania under Pa. R.D.E. 219.

CRITICALCivil cases

Applies to

Answer

(b) The non-moving party shall file an answer, argument brief and a proof of service within 30 days.

(b) The non-moving party shall file an answer, argument brief and a proof of service within 30 days.

CRITICALCivil cases

Applies to

Discovery application opposition

An opposing party or interested third party must file a written response and may file an opposition argument brief.

Any party or interested third-party opposing relief sought in the application shall file with the Prothonotary a written response to the application, and if appropriate or desired an argument brief in opposition, no later than four (4) days prior to the scheduled Discovery Master hearing date.

CRITICALCivil cases

Applies to

Motion for post trial relief

A motion for post-trial relief must be filed with the prothonotary, who must forthwith deliver it to the assigned judge.

(a) A motion for post-trial relief shall be filed with the prothonotary in accordance with B.R.C.P. 207.1 and the prothonotary shall forthwith deliver the motion to the judge assigned to the case for appropriate action.

CRITICALCriminal cases

Applies to

Proposed expungement order

The proposed expungement order must list all criminal justice agencies that will receive a certified copy.

The moving party shall list in the proposed order all criminal justice agencies that will be served with a certified copy of the order for expungement.

CRITICALCivil cases

Applies to

Custody action

Every custody action must identify itself as a CHILD CUSTODY filing in the caption.

(e) All custody actions shall contain a notation in the caption to identify it as a CHILD CUSTODY filing.

CRITICALCivil cases

Applies to

Relocation filing

The non-relocating party must also file a scheduling order so the court can designate a date and time for an expedited hearing.

(h)(3) In addition to the documents required by Pa.R.C.P. 1915.17(h), the non-relocating party shall also file a scheduling order for the court to designate a date and time for an expedited hearing

CRITICALCivil cases

Applies to

Exceptions to taxed costs

Exceptions to other costs taxed by the prothonotary must include a verified statement attesting to the truth of their allegations.

Such exceptions shall be accompanied by a verified statement, as verified is defined in Pa.R.C.P. 76, of the truth of the allegations contained therein.

CRITICALCivil cases

Applies to

Objections to accounts or petitions for adjudication

Must include

proposed order

Objections to accounts and petitions must include a proposed order in the prescribed form scheduling a response date and a status conference or hearing.

A proposed order for the scheduling of a reply date and a status conference or hearing date shall be attached to all objections to accounts or Petitions for Adjudication/Statements of Proposed Distribution. The proposed order shall be in the following form: (CAPTION) ORDER AND NOW, (month)_______, 20___, upon consideration of the foregoing objections filed in the above-captioned matter, it is hereby ORDERED that: (1) Accountant shall file a Response to the Objections within _____ days of this Order; and (2) A status conference shall be held on ______________, 20___ at _______ a.m./p.m. in the chambers of the undersigned. OR (3) A hearing is to occur on the _____ day of _________________, 2018 at ______o’ clock __.M. in a courtroom to be assigned in the Berks County Courthouse/Services Center located at 633 Court Street, Reading, Pennsylvania 19601. Counsel are directed to meet prior to the hearing to reduce fact questions and legal issues to a minimum; and further, shall be authorized to settle at the meeting and/or conference/hearing. BY THE COURT: , J.

CRITICALCivil cases

Applies to

Guardian Acknowledgment of Duties and Liabilities form

Promptly after appointment, a court-appointed guardian must initial, sign, and file the Guardian Acknowledgment of Duties and Liabilities form.

Promptly upon appointment, a court-appointed guardian shall initial, sign and file a Guardian Acknowledgment of Duties and Liabilities form, as follows:

CRITICALCivil cases

Applies to

Extension of time petition

A petition seeking an extension for a surviving spouse’s election must include, to the extent possible, the contents required by Pa. O.C. Rule 5.4(a).

A petition for the extension of time in which the surviving spouse may file an election to take against the will and other conveyances shall include to the extent possible the same contents required by Pa. O.C. Rule 5.4(a).

CRITICAL

Applies to

Termination notice

The notice must state the case caption and warn that the case will be terminated unless prosecuting steps are taken or reasoned written objections are filed within 60 days after mailing.

setting forth the caption of the case and that if no appropriate legal steps are taken for prosecuting the case to conclusion, or no written objections to termination setting forth the reasons therefore are filed within sixty (60) days after the mailing of such notice, the case will be ordered terminated, as of course, without further notice, and thereafter no proceeding may be had on such matters except upon order of the Berks County Court of Common Pleas, upon proper cause shown.

CRITICALCivil cases

Applies to

Separate praecipe

To index an action as a lis pendens, the filer must file a separate praecipe describing the property and identifying the volume and page of its recorded description.

(1) files a separate praecipe describing real property by metes and bounds or a sufficient description to identify it, and the volume and page in the Recorder of Deeds Office of this county where a recorded description of said property appears;

CRITICALCivil cases

Applies to

Adoption petition

Every adoption petition must have an attached Statement of Financial Responsibility in the specified form.

A Statement of Financial Responsibility, in the following form, shall be attached to all petitions for adoption:

CRITICALCriminal cases

Applies to

Professional bondsman qualification

A professional bail bondsman must file a currently valid registration and license with the Clerk of Courts to become surety on a bail bond.

Every professional bail bondsman, duly authorized to do business in Pennsylvania, may become surety on any bail bond required to be filed in this Court, provided that a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S.§5742, evidencing such right shall be filed with the Clerk of Courts.

CRITICALCriminal cases

Applies to

Corporate surety qualification

A corporate surety must file its current Certificate of Authority and current financial statement with the Clerk of Courts to become surety on a bail bond.

Every corporate surety company duly authorized to do business in Pennsylvania may become surety on any bail bond required to be filed in the Court provided that a current Certificate of Authority issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, along with the current financial statement, shall be filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Notice of account

A notice of account must include, in substantially similar form, the specified filing information, objection instructions and deadline, and consequences of failing to object.

The notice of account shall also contain the following in substantively similar form: (a) The account has been filed with the Clerk of the Orphans’ Court Division; (b) Any objections to the account must be made in writing and filed with the Clerk of the Orphans’ Court Division any time prior to the date set forth for submission by the Clerk to the Court for review but no later than the close of business of the last business day prior to the submission to the Court; (c) The account will be submitted to the Court on the ____ day of ____ and final confirmation thereof and an adjudication may be entered if written objections are not filed with the Clerk prior to that date; and (d) A statement that if the person does not agree with the accountant’s accounting or has an objection to any transaction shown in the account or omitted from the account the person must file with the Clerk of the Orphans’ Court Division objections thereto in writing in conformity with the Pennsylvania Orphans’ Court Rules and the Berks County Orphans’ Court Rules, otherwise the court may assume the person has no objections to the account and he or she is in agreement with the accountant’s interpretation.

CRITICALCivil cases

Applies to

Pre arbitration memorandum

The pre-arbitration memorandum must include the listed facts, legal basis, special damages, intended witnesses and exhibits, presentation-time estimate, legal-issue comments, and arbitration stipulations; exhibits must be numbered before arbitration.

This memorandum shall set forth the following: (1) A brief statement of the important facts of the claim or defense; (2) A statement of the legal basis for the claim or defense; (3) A list of all special damages claimed, such as lost earnings, loss of future earning capacity, medical expenses (itemized), property damage; (4) A list of the names and addresses of all the witnesses whom that party intends to call at arbitration; (5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration; (6) An estimate of the number of hours, or portion thereof, necessary to present your claim or defense; (7) Special comments regarding legal issues; and (8) Any stipulations between the parties for purposes of the arbitration.

CRITICALCivil cases

Applies to

Certificate of readiness for arbitration

When a case is stricken from the trial list, counsel must file a court-approved certificate of readiness for arbitration and pay the appropriate filing fee.

If a case is stricken from the trial list by the court, counsel shall file a certificate of readiness for arbitration on the form approved by the court, together with the appropriate filing fee.

CRITICALCivil cases

Applies to

Proposed consent order

For a consent order based on a custody agreement reached before an action begins, the parties must submit a proposed order bearing the written consent of the parties or counsel.

If an agreement for custody is reached prior to commencement of an action and the parties desire a consent Order to be entered, they shall submit to the Court a proposed Order bearing the written consent of the parties or counsel

CRITICALCivil cases

Applies to

Deposition transcript

A party intending to use deposition testimony as substantive evidence at trial must provide the court a complete copy of the witness’s deposition transcript.

Any party proposing to use at trial any part or all of the deposition of a witness, whether or not a party, as substantive evidence, shall provide to the court a complete copy of the transcript of the deposition of such witness.

CRITICALCivil cases

Applies to

Report

The report must be included in the petition, or filed if the relevant circumstance arises later, and must propose a resolution of that circumstance.

(a) The report required by Pa. O.C. Rule 2.10(b) shall be incorporated in the Petition for Adjudication/Statement of Proposed Distribution. If the circumstance necessitating such a report arises after the filing of the Petition for Adjudication/Statement of Proposed Distribution, the report shall be filed and served on all parties whose rights might be affected by the circumstance, including the distributee’s heirs, with notice in accordance with Pa. O.C. Rule 2.5(a) – (g). (b) The report shall propose a resolution of the circumstance necessitating the report.

CRITICALCivil cases

Applies to

Divorce filing

A custody Order under Pa.R.C.P. 1915.3(b) must be filed at the time of the divorce filing when asserting or responding to a child-custody claim.

All pleadings under the Divorce Code asserting or responding to a claim for child custody shall comply with and be governed by the rules pertaining to child custody, including, but not limited to, the filing of an Order pursuant to Pa.R.C.P. 1915.3(b) at the time of the divorce filing so that the custody matter can be promptly scheduled.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petition must include a proposed decree specifying the legal parentage, birth-record instructions, and permanent maintenance and restricted inspection of court records, subject to the statutory exception.

(c) Decree. A proposed decree shall be attached to the petition that shall deem the intended parents as the legal parents of the child(ren) and order that certified copies of the birth records of the child(ren) shall reflect the intended parentage. The proposed decree shall also direct that all court records be permanently maintained and withheld from inspection except as provided by 23 Pa.C.S.A. § 2915 (relating to records and access to information).

CRITICALCivil cases

Applies to

Discovery motion

A discovery motion or application must certify that reasonable efforts to resolve the dispute failed after conferring with all interested parties, or that multiple written attempts received no response.

No motion or other application relative to discovery matters shall be made unless it contains a certification that the moving party, after reasonable effort, has been unable to resolve the dispute after conferring with all interested parties or has made multiple written attempts to resolve the discovery issue, with no response being provided.

CRITICALCivil cases

Applies to

Notice of intervention

A Notice of Intervention must identify the intervenor in the caption and state that the identified party is intervening.

Notice of Intervention shall contain the name of the intervening party as an additional party designated as intervenor in the caption, and shall set forth that such identified party is intervening.

CRITICALCivil cases

Applies to

Petition

If known custody or guardianship petitions concerning the adoptee are pending, the petitioner must inform the Court and request guidance about notifying the parties in those actions.

In addition to the requirements of Rule 15.13(a)(11), if there are any known pending petitions regarding custody or guardianship of the adoptee, the Petitioner shall inform the Court of such and request guidance on whether to provide notice of the adoption and hearing to those parties in the pending action for custody or guardianship of the adoptee.

CRITICALCivil cases

Applies to

Proof of service

The filed proof of service must be a verified statement that service was made by certified or registered mail, with the sender’s receipt attached.

(d) Appellant shall file with the Prothonotary within five (5) days of the filing of the Real Estate Tax Assessment Appeal proof of service of copies thereof consisting of a verified statement as “verified” is defined in Pa. R.C.P.No. 76 that service was made by certified or registered mail, with sender’s receipt for certified or registered mail attached thereto.

CRITICALCriminal cases

Applies to

Criminal proceedings

Criminal proceedings must be initiated by an Information filed by the District Attorney rather than by grand jury indictment.

Initiation of criminal proceedings in the court shall be by Information filed by the District Attorney instead of grand jury indictment, in accordance with 42 Pa. C.S.A. §8931 and the Pennsylvania Rules of Criminal Procedure.

CRITICALCivil cases

Applies to

Exceptions

Exceptions must set out in detail the reasons supporting the claims stated in the praecipe for issuance of the writ.

file exceptions setting forth in detail the reasons in support of the claim or claims contained in the praecipe filed for issuance of the writ

CRITICAL

Applies to

Transcript request form

A party requesting an ordinary transcript must file the original Transcript Request Form with the appropriate court filing office.

(B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original Transcript Request Form with the appropriate filing office of the court.

CRITICALCivil cases

Applies to

Divorce complaint or counterclaim

A custody count included in a divorce complaint or counterclaim must be filed simultaneously with a stipulated custody agreement or custody scheduling order.

If a custody count is filed as part of a divorce complaint or counterclaim to a divorce complaint, the filer must attach a stipulated custody agreement or custody scheduling order simultaneously with the filing.

CRITICALCivil cases

Applies to

Pleading seeking judicial action

Pleadings seeking judicial action, including proposed orders and scheduling orders, must be separate documents in the same electronic filing as the related motion or petition.

Pleadings seeking judicial action such as Proposed Orders or scheduling orders shall be filed as separate documents within the same electronic filing as the Motion or Petition they pertain to.

CRITICALCivil cases

Applies to

Return

Proof of publication must be attached to the return as an exhibit.

Proof of publication shall be attached as an exhibit.

CRITICALCivil cases

Applies to

Legal paper

A legal paper must identify its filer in a signature block; attorney filers must also include their Pennsylvania Supreme Court Attorney Identification number.

The legal paper must include a signature block, and the name of the filer under whose User ID, Password and PIN the legal paper is submitted. The legal paper may be submitted with the filer’s scanned signature or “/s/” and the filer’s name typed in the space where the signature would otherwise appear on the legal paper. If an attorney is the filing party, the Pennsylvania Supreme Court Attorney Identification number must be included under the signature line.

CRITICALCivil cases

Applies to

Motion

The outage-related motion must state the first and any subsequent failed filing attempts and explain the prejudice caused by the delay.

The motion shall state the date and time of the first unsuccessful attempt to file the document electronically, the date(s) and time(s) of any subsequent attempts to file the document electronically, and why the delay was prejudicial.

CRITICALCivil cases

Applies to

Court order

An order granting a public-sale petition must specify the date, time, and place for approval or confirmation of the sale.

If the prayer of the petition for sale be granted, the order granting the same shall contain the date, time and place for approval or confirmation of the sale to the purchaser at said public sale,

CRITICAL

Applies to

Docket entry

If no prosecution steps are taken or reasoned objections are filed within the stated 60-day period, the district justice must enter the specified termination wording on the docket.

If no appropriate legal steps are taken for prosecuting such case to conclusion, or no written objections to termination setting forth the reasons therefor are filed prior to sixty (60) days after the mailing of such notice, the respective district justice shall make an entry on the respective docket that, “Case is terminated under Pa. R.J.A. 1901.”

CRITICALCriminal cases

Applies to

Appeal

Any party may file an appeal to the court form such decision or retaxation within ten (10) days after receipt thereof by filing a specification of items to which objection is taken along with the grounds for such objection in the office of the Clerk of Courts.

Any party may file an appeal to the court form such decision or retaxation within ten (10) days after receipt thereof by filing a specification of items to which objection is taken along with the grounds for such objection in the office of the Clerk of Courts.

CRITICALCivil cases

Applies to

Brief

Must include

caption

Civil briefs must follow the stated sequence and include the specified questions, case statement, argument, and conclusion, unless the court orders otherwise.

(a) All briefs filed in any civil matter shall be in the following form and sequence unless otherwise ordered by the court: (1) Caption. (2) Statement of questions involved. Each question involved shall be stated in brief and general terms, without names, dates, amounts or particulars. (3) Statement of the case. The statement of the case shall contain a closely condensed chronological statement in narrative form of all the steps in the proceedings, followed by the facts which are necessary to be known in order to determine the points in controversy and should not contain any argument. (4) Argument. The argument shall be divided into as many parts as there are questions to be argued and shall have at the beginning of each part the particular point addressed therein, followed by such discussion as is deemed pertinent. (5) Conclusion. The conclusion shall state the precise relief being sought.

CRITICALCivil cases

Applies to

Motion

A non-plaintiff seeking a stay of execution must apply by motion.

Applications for stays of all executions made by one other than the plaintiff shall be upon motion.

CRITICALCriminal cases

Applies to

Cash secured bail affidavit

For cash-secured bail in the Court of Common Pleas, the bondsman must file a sworn affidavit stating the specified cash, bail, and fee information.

Whenever a professional bondsman desires to write bail on the security of cash deposited with the clerk and thereby act as surety in any cash pending in the Court of Common Pleas, he or she shall file with the clerk an affidavit sworn before any official authorized to administer oaths, setting forth the then total amount of cash then on deposit with the clerk, the total amount of bail offered and accepted on the security of said cash, and still in force, the amount of bail then desired to be written, and the total fee, premium and/or charge which the bondsman has received and/or is entitled to receive for the bail about to be written.

CRITICALCivil cases

Applies to

Notice

A notice required under Pa.R.C.P. 2232(a) must substantially follow the prescribed form.

Where, under the provisions of Pa.R.C.P. 2232(a), notice is required to be given to any person, it shall be given to such person in substantially the following form:

CRITICALCivil cases

Applies to

Divorce finalization filing

When an unallocated support order includes APL or spousal support, the party finalizing the divorce must also file a petition to modify the order with the signed decree, unless an agreed order is filed.

If APL or spousal support is included in an unallocated order of support, the party filing to finalize the divorce action shall also file a Petition to Modify the unallocated order of support to terminate the APL or spousal support obligation and recalculate the remaining child support obligation with the DRS Docketing Division along with the copy of the signed final divorce decree unless an agreed order is filed.

CRITICALCriminal cases

Applies to

Real estate secured bail filing

For real-estate-secured bail before a Magisterial District Judge, the bondsman must file the latest property statement and a sworn affidavit stating the specified bail and fee information.

Whenever a professional bondsman desires to write bail on the security of said real estate and thereby act as surety in any case pending before a Magisterial District Judge, he or she shall file with the Magisterial District Judge a copy of his or her latest statement filed with the Clerk of Courts pursuant to subsection (a) hereof, and in addition an affidavit sworn to before any official authorized to administer oaths, setting forth the then total amount of bail offered and accepted against said real estate and still in force, the amount of bail then desired to be written, and the total fee, premium and/or charge which the bondsman has received and/or is entitled to receive for the bail then about to be written.

CRITICALCivil cases

Applies to

Petition

A petition for an allowance from an incapacitated person's estate must include the listed information and statements.

(b) Contents of Petition. The petition shall set forth the following: - (1) the name of the guardian, the date of the guardian's appointment, if the petitioner is not the guardian, petitioner's relationship to the incapacitated person, and, if not related, the nature of the petitioner's interest; - (2) a summary of the inventory, the date it was filed and the nature and present value of the estate; - (3) the address and the occupation, if any, of the incapacitated person; - (4) the names and addresses of the incapacitated person's dependents, if any; - (5) a statement of all claims of the incapacitated person's creditors, known to the petitioner; - (6) a statement of the requested distribution and the reasons therefor; and - (7) a statement of all previous distributions allowed by the court.

CRITICALCivil cases

Applies to

Discovery application

Must include

certificate of conference

The moving party must certify its good-faith effort to resolve the discovery dispute and specifically describe those efforts.

The moving party must also comply with B.R.C.P. 208.2(e) by certifying that it has conferred in a good faith effort to resolve the discovery dispute, which certification must specifically describe those efforts.

CRITICALCivil cases

Applies to

Petition

When a guardian must petition to sell real property at public sale, the petition must separately state the listed information and facts in addition to the requirements of Pa. O.C. Rule 5.10.

(d) Guardian. When it is required that a guardian of a minor or incapacitated person petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) the age of the ward; (2) the names and addresses of the ward’s next of kin and intestate heirs and the notice given them of the filing of the petition; (3) how title was acquired, stating the date and place of recording of the deed or other instrument of conveyance; (4) a recital of the relevant provisions of the deed, will, trust, or other instrument of conveyance relating to the real property to be sold; (5) the nature and extent of the interest of the ward, and of other persons in the real property; (6) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; and (7) sufficient facts to enable the court to determine that the proposed sale will be for the best interest of the ward.

CRITICALCivil cases

Applies to

Appeal from costs decision

An appeal filing must specify the items objected to and the grounds for each objection.

Any party may file an appeal to the court from such decision or retaxation within ten (10) days after receipt thereof by filing a specification of items to which objection is taken along with the grounds for such objection in the office of the prothonotary.

CRITICAL

Applies to

Confidential document

A person filing a confidential document must file a Confidential Document Form with the unredacted document.

persons who file confidential documents as defined by the Policy shall file a Confidential Document Form along with the unredacted document.

CRITICAL

Applies to

Surety company filing

A company acting as surety must file its Insurance Commissioner certificate and agents’ powers of attorney with both offices; any revocation must also be filed there in writing.

Every company undertaking to become surety on any bond, recognizance or other obligation in connection with any matter before any magisterial district judge or the courts of this county shall, in addition to filing the certificate issued by the Insurance Commissioner of the Commonwealth of Pennsylvania required under the provisions of the Act of June 25, 1885, P.L. 181 Section 1, as amended, 40 P.S. Section 831, file in the offices of the prothonotary and the clerk of courts the power or powers of attorney of its agent or agents authorized to execute such bonds, recognizances and other obligations for it and on its behalf which power or powers of attorney shall remain effective until revoked by said corporation by written revocation filed in the offices of the prothonotary and the clerk of courts;

CRITICALCivil cases

Applies to

Exceptions

A party requesting Support Argument must file exceptions with the Domestic Relations Section together with a transcript request and the required fee.

File exceptions to the finding of fact and recommendations of the Support Hearing Officer with the Domestic Relations Section together with a request for transcript and the required fee.

CRITICALCivil cases

Applies to

Divorce complaint or counterclaim

A custody count filed with a divorce complaint or counterclaim must include a stipulated custody agreement or custody scheduling order at filing; the count may not be included if the filer does not want the custody matter to proceed then, and an unattached count may be dismissed.

If a custody count is filed as part of a divorce complaint or counterclaim to a divorce complaint, the filer must attach a stipulated custody agreement or custody scheduling order simultaneously with the filing. If the filer does not want the custody matter to proceed forward at the time the divorce complaint or counterclaim is being filed, the custody count may not be included with the divorce complaint or counterclaim. If a stipulated custody agreement or scheduling order is not attached when a custody count is filed as part of a divorce complaint or counterclaim, the custody count may be dismissed.

CRITICALCivil cases

Applies to

Agreement of reference

If attorneys file an agreement of reference, it must define the issues for the arbitration panel and, when agreeable, include stipulations about agreed facts and waived defenses.

(c) The amount in controversy shall be determined from the complaint and/or counterclaim as required by Subsection (b) or by an agreement of reference filed by the attorneys. If an agreement of reference is filed, it shall define the issues involved for determination by the panel and, when agreeable, shall also contain stipulations with respect to facts submitted and agreed and defenses waived.

CRITICALCivil cases

Applies to

Divorce finalization filing

Must include

proposed order

The party filing to finalize the divorce action must include a proposed order terminating APL or spousal support, substantially in the stated form.

The party filing to finalize the divorce action shall include a proposed form of order to terminate APL or spousal support in substantially the form set forth below.

CRITICALCivil cases

Applies to

Filing

All filings must comply with Pennsylvania’s Public Access Policy and Berks County Rule of Judicial Administration 510.

All filings shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania; Case Records of the Appellate and Trial Courts which can be found at the Administrative Office of Pennsylvania Courts website www.pacourts.us as well as on the Berks County Court website www.co.berks.pa.us and with Berks County Rule of Judicial Administration 510.

CRITICALCivil cases

Applies to

Verified statement

The filer must submit with the separate praecipe a verified statement setting out the action's basis and subject matter and its effect on title to the described property or an interest in it.

(4) files with said separate praecipe a written verified statement, as verified is defined in Pa. R.C.P. 76, setting forth the basis and subject matter of the cause of action and that said action affects the title to the real property so described or of any interest in said real property.

CRITICALCivil cases

Applies to

Scheduling order

Such information shall be included on a scheduling order and filed along with the other required documents with the Prothonotary. The party shall simultaneously file with the Prothonotary the required copies of his brief of argument and a proof of service that copies of the scheduling order and brief of argument have been served on all other parties in the case;

Such information shall be included on a scheduling order and filed along with the other required documents with the Prothonotary. The party shall simultaneously file with the Prothonotary the required copies of his brief of argument and a proof of service that copies of the scheduling order and brief of argument have been served on all other parties in the case;

CRITICALCivil cases

Applies to

Documents required by Pa.R.C.P. 1920.31 and 1920.33

Filing discovery does not excuse a party from filing the documents required by Pa.R.C.P. 1920.31 and 1920.33.

(D) The filing of interrogatories or answers thereof or any other discovery allowed by the court shall not relieve a party from the filing of the documents required by Pa.R.C.P. 1920.31 and 1920.33.

CRITICALCivil cases

Applies to

Delay damages stipulation

When delay damages are at issue, the parties must submit a sealed-envelope stipulation to the arbitrators stating whether a written offer was made, its amount, and its date; the plaintiff must provide it.

If delay damages are an issue, the parties shall submit to the arbitrators in a sealed envelope a stipulation containing the following: (a) Whether an offer was made in writing; (b) The amount of the offer; and (c) The date of the offer. It shall be the plaintiff's obligation to provide said stipulation to the arbitrators.

CRITICALCivil cases

Applies to

Motion

An uncontested motion must be accompanied by a written certification that it is uncontested, signed by the moving party or counsel.

Any uncontested motion shall be accompanied by a written certification to that effect by the moving party and/or such party’s counsel.

CRITICALCriminal cases

Applies to

Expedited procedure approved offense list

The District Attorney must provide the Berks County issuing authorities and the Court with a list of offense types approved for the expedited procedure.

The District Attorney shall supply to the issuing authorities of Berks County, and the Court, a list of the types of offenses approved for the expedited procedure authorized by this rule.

CRITICALCivil cases

Applies to

Parenting coordinator affidavit

A parenting coordinator must submit a new affidavit to Court Administration every two years after submitting the initial affidavit, attesting to continued qualifications.

(b)(2)(iii) Every two years after submission of the initial affidavit, a parenting coordinator shall submit a new affidavit to Court Administration attesting that he or she continues to meet the qualifications for a parenting coordinator.

CRITICALCivil cases

Applies to

Application for additional interrogatories

The motion must attach the specific additional interrogatories verbatim.

The specific additional interrogatories shall be set forth verbatim and attached to said motion.

CRITICALCivil cases

Applies to

Address change notice

The guardian must report any address change to the Court within ten days.

Report any change of my address to the Court within ten (10) days.

CRITICALCivil cases

Applies to

Objection

Must include

proposed order

All objections must include a proposed order scheduling a status conference or oral argument in substantially the specified form.

A proposed order for the scheduling of a status conference or oral argument shall be attached to all objections and shall be in substantially the following form:

CRITICALCivil cases

Applies to

Petition

A petition seeking leave for a public sale must state the listed information in separate paragraphs, in addition to the requirements of Rule 35.

When leave of court is required to sell real estate at public sale in the cases referred to in B.R.C.P. 35, in addition to the requirement of B.R.C.P. 35, the petition shall also set forth in separate paragraphs: (1) The petitioner's interest in said real estate; (2) If the petitioner is a fiduciary, the date of his or its appointment and his or its acceptance of the trust and the terms imposed; (3) The names of all parties in interest stating such as are minors or incompetents and if so, the names of their fiduciaries, if any, and the notice given them of the intended presentation of the petition; (4) A description of the real estate which it is desired to sell.

CRITICALCivil cases

Applies to

Divorce code pleading

Pleadings asserting or responding to alimony pendente lite, child support, or paternity claims must comply with the Support rules, and the claimant must furnish any additional forms required by the Domestic Relations Section.

(1) All pleadings under the Divorce Code asserting or responding to a claim for alimony pendente lite, child support or paternity shall comply with and be governed by the rules pertaining to Support. The claimant shall furnish any additional forms required by the Domestic Relations Section.

CRITICALCivil cases

Applies to

Sale return

The return of sale must be an affidavit stating the required notice, advertising, price, purchaser and highest-bidder information, and, when applicable, the fiduciary's lack of direct or indirect interest as purchaser.

The return of the sale for the purpose of approval or confirmation by the court shall be in the form of an affidavit, which shall set forth the notice given, the advertisement made, the price obtained, the name and address of the purchaser and that he was the highest bidder, and in addition, if a fiduciary was authorized to sell, that he or it was not and is not interested therein as purchaser either directly or indirectly.

CRITICALCivil cases

Applies to

Petition

A separate petition must be filed for each parent whose rights the petitioner seeks to terminate.

A separate petition shall be filed for each parent whose rights the petitioner seeks to terminate.

CRITICAL

Applies to

Bond or other obligation

A bond or other obligation will not be accepted or approved unless executed by company principal officers or agents whose authority is evidenced by a filed power of attorney.

no bond, recognizance or other obligation shall be accepted or approved unless executed by the principal officers of the company or by an agent or agents whose authority is evidenced by power of attorney so filed.

CRITICALCivil cases

Applies to

Pleading motion notice or other document

When the filer knows a participant will need an interpreter, the filing must state the interpreter need in its caption using the specified wording.

Any person filing a pleading, motion, notice or other document relating to a proceeding pending before the court where it is known that a participant in the proceeding will need the assistance of an interpreter shall note in the caption of such document that “An interpreter is needed: English to (language); (language) to English.”

CRITICALCivil cases

Applies to

Petition for corrected record

A petition seeking a rule to show cause for a corrected record must specify how the record is deficient or erroneous.

present a petition to the court that a rule issue upon the Magisterial District Judge to show cause why a corrected record should not be filed, setting forth in the petition in what respect the record is deficient or in error

CRITICALCriminal cases

Applies to

Motion petition application

Must include

caption

Written motions, petitions, and applications must identify the court, action number, proceeding, parties, presenting counsel or pro se party, and an address within the Commonwealth where papers may be served.

Except for motions made orally during a trial or hearing, all motions, petitions and applications shall be written, shall contain a caption setting forth the name of the court, the number of the action, nature of the proceeding and names of the parties, and the motion, petition or application shall contain the name of counsel presenting the motion, petition or application, and if there is no counsel of record, the name of the party making the pro se motion, petition or application, with the name of such counsel or party without counsel endorsed thereon together with an address within the Commonwealth at which papers may be served.

CRITICALCivil cases

Applies to

Petition

Every petition to sell real property at public sale must identify the proposed auctioneer or selling agent, give their address, and state their proposed compensation.

(a) All Petitions. All petitions to sell real property at public sale shall set forth the name, address, and proposed compensation of the proposed auctioneer or other selling agent.

CRITICALCivil cases

Applies to

Petition

When a petition requests an evaluation of capacity, the petitioner must propose a specific expert and obtain that expert's consent before proposing them.

If a petition to adjudicate an individual as an incapacitated person is filed with a request that the alleged incapacitated person be directed to submit to an evaluation of his or her capacity, the petitioner shall propose a specific expert to conduct the evaluation. No evaluator shall be proposed without first obtaining the proposed evaluator's consent to serve.

CRITICALCriminal cases

Applies to

Professional bondsman qualification

A professional bail bondsman must present proof of a business office in Berks County and post and maintain $50,000 in U.S. currency or U.S. government securities as security with the Clerk.

Every professional bail bondsman must present proof that he or she maintains an office in Berks County from which his or her business is conducted pursuant to 42 Pa.C.S.§5744, and he or she must post and maintain as security with the Clerk the sum of Fifty Thousand ($50,000.00) Dollars in United States currency or securities of the United States Government.

CRITICALCivil cases

When the moving party requests argument, it must file an argument brief with the request, and the non-moving party must file a responsive brief within 20 days after service of that brief.

(c) If the moving party files the request for argument, an argument brief shall be filed therewith, and the non-moving party shall file a responsive brief within 20 days of service of the moving party’s brief.

CRITICALCivil cases

Applies to

Divorce complaint

(c)(2) If a claim for custody is asserted in a divorce complaint, it shall receive a separate term and number as the divorce action.

(c)(2) If a claim for custody is asserted in a divorce complaint, it shall receive a separate term and number as the divorce action.

CRITICALCivil cases

Applies to

Complaint

When leave and notice are required, the application for leave must be in the complaint, and the complaint must be endorsed with a notice to answer within 20 days after service.

Whenever leave of court and notice to the defendant is required in accordance with Pa.R.C.P. 2951(d), (e) and 2952(h), an application for an order of the court granting leave to enter judgment must be contained in the complaint and served upon the defendant pursuant to Pa.R.C.P. 440 and 441. The complaint shall be endorsed with a notice to answer said application within twenty (20) days after service.

CRITICALCriminal cases

Applies to

Surety agent qualification

A surety agent may not execute bonds after the Power of Attorney expires until a new Power of Attorney is filed with the Clerk of Courts.

No bond shall be executed by any surety agent after the expiration of such Power of Attorney until a new Power of Attorney shall have been filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Argument list request

A case may be placed on an argument list only when it is at issue and required notes of testimony have been transcribed and filed, unless the parties agree to substitute an adequate statement of material facts or the court specially orders argument.

No case shall be ordered or placed on any argument list unless at the day of its ordering the matter is at issue and notes of testimony directed to be filed have been transcribed and filed, unless (a) by agreement of the parties or their counsel such transcription is dispensed with and an adequate statement of the material facts has been filed in lieu thereof, or (b) the case is specially ordered for argument by the court.

CRITICALCivil cases

Applies to

Custody claim

A custody claim asserted in a divorce complaint must receive a separate term and number from the divorce action.

(C) If a claim for custody is asserted in a divorce complaint, it shall receive a separate term and number as the divorce action.

CRITICALCivil cases

Applies to

Filing with attachments

Attachments and exhibits that are part of a filing must be electronically filed at the same time as the document.

Attachments, including exhibits, that are part of any filing, shall be filed electronically at the same time as the document.

CRITICALCivil cases

Applies to

Preliminary objections

For the specified preliminary objections without a notice to plead, the filing must include the stated original and copy, papers, proposed order, and proof of first-class-mail service.

(a) A party filing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall file simultaneously with the Prothonotary an original and one copy of the preliminary objections, a praecipe for argument, an argument brief and a proposed order granting the relief requested, accompanied by a proof of service of copies of those documents upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Applies to

Motion

The filing must include a signed certificate listing each party’s attorney of record and current address, or the name and current address of each unrepresented party.

together with a certificate signed by the party presenting the motion, petition or application or his or her attorney of record, setting forth the name and current address of each party's attorney of record, and if no attorney has entered an appearance of record for a party, the name and current address of each unrepresented party.

CRITICAL

Applies to

Transcript

All transcripts of official court proceedings shall be prepared only upon written authorization or order of Court. No transcript of any official court proceeding may be prepared without the written consent of the Common Pleas Court judge assigned to the respective case.

All transcripts of official court proceedings shall be prepared only upon written authorization or order of Court. No transcript of any official court proceeding may be prepared without the written consent of the Common Pleas Court judge assigned to the respective case.

CRITICALCivil cases

Applies to

Non english writing

A writing submitted for filing in a language other than English must have an attached English translation certified as true and correct.

All writings not in English, submitted for filing, shall not be filed, unless there is attached to it and filed with it a translation into English, certified to be true and correct.

CRITICALCivil cases

Applies to

Real estate tax assessment appeal

Must include

caption

A Real Estate Tax Assessment Appeal must include the specified caption, property and appeal information, Board decision reference and notice, and verification.

(b) Real Estate Tax Assessment Appeal shall contain the following: (1) Caption designating the named party taking the appeal as Appellant, the Berks County Board of Assessment Appeals as Appellee, and if Appellant is a taxing authority it shall join the owner of the real estate involved as of course as a party in the assessment appeal by designating such named owner in the caption as Respondent. (2) Brief description of the subject real estate, its location, name and address of the owner, and municipality and school district wherein the real estate is located. (3) Nature of and reasons for the appeal. (4) Reference to the decision of Berks County Board of Assessment Appeals (Board) from which the appeal is taken. A copy of the Board’s notice of decision shall be attached as an exhibit. (5) Verification consisting of a verified statement as “verified” is defined in Pa.R.C.P.No. 76.

CRITICALCivil cases

Applies to

Petition

When a personal representative must petition to sell real property at public sale, the petition must separately state the listed facts in addition to the requirements of Pa. O.C. Rule 5.10.

(b) Personal Representative. When it is required that a personal representative petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date of the grant of letters; (2) that the personal representative is not otherwise authorized to sell by statute; or is not authorized or is denied the power to do so by the will, or that it is desirable that the sale have the effect of a judicial sale, stating the reason; (3) whether an inventory and appraisement has been filed; the total value of the property shown therein; and the value at which the real property to be sold was included therein; (4) if the personal representative entered bond with the Register, the name of the surety and the amount of such bond; (5) the names and relationships of all interested parties; a brief description of their respective interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if so, the names of their fiduciaries or virtual representatives, if any; (6) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; and (7) sufficient facts to enable the court to determine that the sale is desirable for the proper administration and distribution of the estate.

CRITICAL

Applies to

Paper

Must include

caption

Each filed paper must contain a caption and be endorsed with the name and address of the presenting attorney or, if there is no attorney, the presenting party.

(2) contain a caption as that term is defined in Pa.R.C.P. 1018; and (3) be endorsed with the name and address of the attorney presenting it, or if there be no attorney, with the name and address of the party presenting it.

WARNING

Applies to

Index of exhibits

The Index of Exhibits accompanying the exhibits must list each exhibit by number, identify its proponent and admission or rejection status, and describe or identify it textually.

2. Index of Exhibits. The assigned court reporter as custodian shall include a numbered list of exhibits, and for each exhibit identify the proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit, which shall accompany the exhibits and be given to the Evidence/Exhibit Storage Technician.

WARNING

Applies to

Docket entry

The district justice must record on the docket the date and the names and addresses of persons notified by mail.

The respective district justice shall note on the docket the date and names and addresses of persons given such notice by mail.

WARNINGCivil cases

Applies to

Custody count

A custody count filed without the required stipulated custody agreement or scheduling order may be dismissed.

If a stipulated custody agreement or scheduling order is not attached when a custody count is filed as part of a divorce complaint or counterclaim, the custody count may be dismissed.

WARNING

Applies to

Notice of proposed termination

The proposed-termination notice must substantially follow the form prescribed in the rule.

The notice required by subdivision (c) shall be in substantially the following form:

WARNINGCivil cases

Applies to

Guardian acknowledgment of duties and liabilities

The Guardian Acknowledgment form includes an acknowledgment that the guardian has been made aware of the Guardianship Tracking System.

- • I have been made aware of the Guardianship Tracking System (GTS).

WARNING

Applies to

Proof of publication

Proof of publication must be filed with the district justice.

Proof of publication thereof shall be filed with the respective district justice, who shall thereafter proceed in the same manner as when notice was given by mail.

WARNINGCivil cases

Applies to

Prothonotary report on appeal

Upon an appeal, the prothonotary must file a written report setting out the facts supporting the decision.

Upon filing of such appeal, the prothonotary shall file a written report in which he or she shall set forth the facts upon which he or she based his or her decisions.

WARNINGCivil cases

If no response is filed within 30 days, the moving party may give written notice to the court, after which the court may grant summary judgment.

If no response is filed within that thirty (30) day period, upon written notice to the court by the moving party, pursuant to Pa.R.C.P. 1035.3(d), the court may in its discretion grant the motion for summary judgment.

WARNING

Applies to

Petition

A party in interest seeking to prevent termination must file a petition conforming to the Pennsylvania Rules of Civil Procedure and stating reasons against termination.

that said case shall be terminated if no petition is filed by any party in interest conforming to Pa. R.C.P. , setting forth reasons why said case should not be terminated.

WARNINGCriminal cases

Applies to

Waiver of arraignment

The waiver form must be completed properly; Court Administration may reject a form that is not.

Not completed properly

WARNING

Applies to

Petition

A petition opposing termination must include an endorsed notice requiring a response within 20 days after service of the petition.

If a petition is filed contra termination, it shall have endorsed thereon a notice to plead thereto within twenty (20) days of the date of service of the petition.

WARNINGCivil cases

Applies to

Pre arbitration memorandum

A party generally may not offer an arbitration exhibit omitted from its timely filed pre-arbitration memorandum, unless the arbitrators determine extraordinary circumstances exist.

Except in extraordinary circumstances, as determined by the arbitrators, a party will not be allowed to offer an exhibit at the arbitration hearing that is not listed in a timely-filed pre-arbitration memorandum.

WARNINGCriminal cases

Applies to

Motion

Must include

proposed order

Only the proposed order currently sought may be presented with a motion.

Only the proposed order then being sought shall be presented with the motion.

WARNINGCivil cases

Applies to

Divorce master report

The Divorce Master’s report must include specific findings of fact.

The Divorce Master shall make specific findings of fact.

WARNINGCivil cases

Applies to

Statement of reason for late report

If the Divorce Master misses the report filing deadline, a statement giving the reason must be filed with the court.

In the event the Divorce Master fails to file the report within the time frame set forth in (b) above, a statement shall be filed with the court setting forth the reason therefor.

WARNING

Applies to

Transcript request

A Transcript Request Form must be obtained from a courtroom, Court Administration, the Official Court Reporters’ Office, or the county website.

(a) Obtain a Transcript Request Form from any courtroom, from Court Administration, from the Official Court Reporters’ Office, or online at www.co.berks.pa.us;

WARNINGCivil cases

Applies to

Certificate of readiness for arbitration

Each party should note an accurate estimate of the time needed to present its claim or defense, to the extent possible.

To the extent possible, an accurate estimate of the number of hours, or portion thereof, required to present the claim or defense shall be noted by each party to assist Court Administration in scheduling.

WARNINGCriminal cases

Applies to

Clerk written report

After an appeal is filed, the Clerk of Courts must file a written report setting out the facts underlying the decision.

Upon filing of such appeal, the Clerk of Courts shall file a written report in which he shall set forth the facts upon which he based his decision.

WARNINGCriminal cases

Applies to

Cash withdrawal

A professional bondsman may withdraw eligible deposited cash upon ten days' notice to the clerk and presentation and surrender of the clerk's receipt, subject to the stated deductions.

A professional bondsman may, at any time, upon ten (10) days notice to the clerk, and upon presentation and surrender of the clerk’s receipt for the sum deposited, withdraw the whole or any part of the cash deposited, not required for bail then written and outstanding on the security thereof, less any penalty for early withdrawal charged by the financial institution in which the clerk has deposited said sum, and less any amount which the clerk is, by law, authorized to retain.

WARNING

Applies to

Statement of intention to proceed

A Statement of Intention to Proceed must use the form prescribed in the rule.

The Statement of Intention to Proceed shall be in the following form:

WARNING

Applies to

Proof of publication

Proof of publication must be filed with the district judge.

Proof of publication thereof shall be filed with the respective magisterial district judge,

WARNINGCivil cases

Applies to

Motion for appointment of divorce master

Once the action is at issue, a party may file a motion to appoint a Divorce Master, substantially in the form provided by Pa.R.C.P. 1920.74.

When the action is at issue any party may file a motion for the appointment of a Divorce Master substantially in the form provided by Pa.R.C.P. No. 1920.74.

WARNINGCivil cases

Applies to

Stipulation

Parties may dispose of matters set for argument by written stipulation if the court approves it by an order entered before or at the scheduled argument.

Disposition of matters in issue for argument may be made by written stipulation of all parties if approved by order entered thereon by the court prior to or at the time of scheduled argument.

WARNINGCivil cases

Applies to

Initial pleading or legal paper

If an attorney’s initial pleading or legal paper lacks a written entry of appearance, the office must enter the attorney as counsel of record if the pleading contains the attorney’s full name, signature, Supreme Court ID number, and address.

In the event an initial pleading or legal paper, including an initial responsive pleading or legal paper, filed by an attorney is not accompanied by a written entry of appearance, the Prothonotary or the Domestic Relations Office shall enter the name of the attorney as counsel of record provided that the attorney’s full name, signature, Supreme Court ID number and address are contained on the pleading.

WARNING

An aggrieved party may seek reinstatement by petition, but reinstatement requires leave of Court and cause shown.

(g) If an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action. All matters so terminated may not be reinstated except with leave of Court, for cause shown.

WARNINGCivil cases

Applies to

Pre arbitration memorandum

A party generally may not call an arbitration witness omitted from its timely filed pre-arbitration memorandum, unless the arbitrators determine extraordinary circumstances exist.

Except in extraordinary circumstances, as determined by the arbitrators, a party will not be allowed to call a witness at the arbitration hearing who is not listed in a timely filed pre-arbitration memorandum.

WARNING

Applies to

Petition

Further action in a terminated case is barred unless the court orders otherwise after a written petition showing proper cause.

Termination of a case under this Rule shall bar any further action thereon, except by order of the court only after written petition on proper cause shown.

WARNING

Applies to

Written objection

Written objections must explain the lack of qualifying docket activity, and the district justice must keep the case open if those reasons are satisfactory.

If written objections to termination are filed as provided under this Rule, the district justice shall examine said objections, and if they set forth reasons satisfactory to the district justice why no activity has appeared of record for the past two (2) years other than the filing of a not found return on a warrant of arrest, the district justice shall enter an order on the respective docket that the case remain open, upon such terms as may be deemed advisable.

WARNING

Applies to

Transcript request form

A Transcript Request Form may be obtained from a courtroom, Court Administration, the Official Court Reporters’ Office, or the county website.

(A) Obtain a Transcript Request Form from any courtroom, from Court Administration, from the Official Court Reporters’ Office, or online at www.co.berks.pa.us.

WARNINGCivil cases

Applies to

Argument brief

Argument briefs must be filed in two copies for Panel List cases and one copy for Single Judge List cases.

The required copies of briefs of argument to be filed shall be two (2) for cases under B. R.C. P. 211 (a) Panel List and one (1) for cases under B. R.C. P. 211 (b) Single Judge List.

WARNINGCivil cases

Applies to

Divorce complaint or counterclaim

A filer who does not want the custody matter to proceed when filing the divorce complaint or counterclaim may not include the custody count in that pleading.

If the filer does not want the custody matter to proceed forward at the time the divorce complaint or counterclaim is being filed, the custody count may not be included with the divorce complaint or counterclaim.

WARNING

Applies to

Publication notice

A published notice concerning filed objections must state that objections were filed and specify that and when a hearing will occur at the district justice's designated office.

If the notice also pertains to objections filed, it shall state, in addition to the caption of the case and docket number, that objections were filed and a hearing will be held thereon before the respective district justice at his designated office at a given time.

WARNING

Applies to

Publication notice

A published notice concerning termination proceedings must state the case caption, docket number, and district justice's name and office address.

If the notice pertains to proceedings for termination of a case, it shall state the caption of the case, docket number, and name and office address of the respective district justice.

WARNINGCivil cases

Applies to

Proceeding costs record

The prothonotary must note the total taxable costs and itemize the specified officer, party, witness, sheriff, and execution costs in the proceeding record.

In every proceeding the prothonotary shall note the whole amount of the taxable costs specifying the items belonging to each officer and party including the sheriff's costs upon the return of any writ in the action. Upon entry of a final order in such action, the costs of the officers up to that time and the parties' bills for witnesses shall be noted. There shall also appear a notation of all execution costs incurred subsequent to a final order.

WARNING

Applies to

Returned copy of papers

Returned copies must have the prescribed notice attached, including the acceptance date and the reason the papers were not forwarded to the assigned judge.

The following notice shall be attached to the returned copies: NOTICE The attached papers were accepted on (date). These papers were not forwarded to the assigned judge due to the failure to comply with B. R. J. A. 401.1.

WARNING

Applies to

Docket entry

After the hearing, the district justice must determine whether the objections are well founded and docket the applicable outcome.

Upon hearing held, the district justice shall determine whether or not the objections are well founded and shall make an entry on the respective docket that the case remain open upon such terms as may be deemed advisable or that, “Case is terminated under Pa. R.J.A. 1901.”

WARNINGCivil cases

Applies to

Discovery master recommendation

After considering the application, opposition, and any briefs, the Discovery Master must submit a written recommendation and proposed order to the assigned judge.

After hearing or argument and considering the discovery application and opposition, and any briefs filed, the Discovery Master shall submit a written recommendation and proposed order to the assigned judge for entry of an appropriate order.

WARNING

Applies to

Written objection

Written objections to termination must state why the action should remain active and operate as a rule against opposing parties to show cause.

If written objections to termination are filed under this Rule, such written objections shall be considered as being the nature of a rule issued as of course against all opposing parties to show case why the action should not remain active.

WARNINGCivil cases

Applies to

Initial pleading or legal paper

An attorney should accompany every initial pleading or legal paper filed with the Prothonotary or Domestic Relations Office with a written entry of appearance.

Every initial pleading or legal paper filed with the Prothonotary or the Domestic Relations Office by an attorney should be accompanied by a written entry of appearance.

WARNING

Applies to

Docket entry

The district justice must docket the objection filing date and the date, names, and addresses of persons mailed notice and a copy of the objections.

and shall note on the docket the date of filing such objections and the date, names and addresses of persons given such notice, and copy of objections by mail.

INFOCivil cases

Applies to

Praecipe for argument

The party without the burden is not required to file an argument brief when it files its praecipe.

The party not having the burden shall not be required to file a brief of argument at the time of filing such praecipe.

INFOCivil cases

Applies to

Custody scheduling order

If an agreement for custody is reached prior to commencement of an action and the parties desire a consent Order to be entered, they shall submit to the Court a proposed Order bearing the written consent of the parties or counsel and shall file of record and serve a custody complaint, but shall not be required to file the proposed order otherwise required by B.R.C.P. 1915.3(b).

If an agreement for custody is reached prior to commencement of an action and the parties desire a consent Order to be entered, they shall submit to the Court a proposed Order bearing the written consent of the parties or counsel and shall file of record and serve a custody complaint, but shall not be required to file the proposed order otherwise required by B.R.C.P. 1915.3(b).

INFOCivil cases

Applies to

Civil and family court cover sheet

Civil and Family Court Cover Sheets are not required in EFS cases because the required data is collected through EFS.

Civil and Family Court Cover Sheets will not be required in EFS cases because any required data will be collected through the EFS for transmission to the Administrative Office of Pennsylvania Courts as required by Pa.R.C.P. No. 205.5(e).

INFOCivil cases

Applies to

Notice of intervention

A qualifying County, municipality, or school district may intervene during the appeal by filing a Notice of Intervention with the Prothonotary.

The County, municipality, or school district not named as Appellant may intervene as of course during pendency of the appeal by filing a Notice of Intervention with the Prothonotary.