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PA Bulletin, Doc. No. 97-144

THE COURTS

Title 255--LOCAL COURT RULES

BERKS COUNTY

Rules of Court Nos. 206.5(d) and 206.7(d): Petitions, Motions and Answers; No. 30 August 1988, AD

[27 Pa.B. 583]

Order

   And Now, this 9th day of January, 1997, the following new Berks County Rules of Civil Procedure, numbered 206.5(d) and 206.7(d), relating to Motions, Petitions and Answers, are approved, adopted and promulgated for use in the Court of Common Pleas of Berks County, Pennsylvania (23rd Judicial District of Pennsylvania), and shall apply to all cases now pending, or which may hereafter be commenced.

   The Prothonotary of Berks County is Ordered and Directed to do each of the following:

   (1)  Keep continually available to public inspection and copying copies of this Order and of Berks County Rules of Civil Procedure, numbered 206.5(d) and 206.7(d), as hereby approved, adopted and promulgated;

   (2)  File with the Administrative Office of Pennsylvania Courts seven (7) certified copies of said Rules 206.5(d) and 206.7(d), as herein approved, adopted and promulgated;

   (3)  File with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin two (2) certified copies of said new Rules;

   (4)  File with the Civil Procedural Rules Committee one (1) certified copy of said new Rules;

   (5)  File with the Domestic Relations Committee one (1) certified copy of said new Rules; and

   (6)  Within three (3) weeks after the publication of said new Rules in the Pennsylvania Bulletin, cause a copy of this Order and said new Rules to be published one (1) time in the Berks County Law Journal in suitable form so that the same may be placed as an additional or replacement page in the current binder of the Berks County Rules of Court. Each such additional or replacement page shall show in the lower right hand corner thereof, the effective date of said Rules as herein approved, adopted and promulgated.

   These Rules shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin.

   At the time new Rules 206.5(d) and 206.7(d) become effective, Berks Rules of Civil Procedure 206 and 208 are rescinded, but no rights gained under said rescinded rules shall be adversely affected.

By the Court

FORREST G. SCHAEFFER,   
President Judge

PETITIONS, MOTIONS AND ANSWERS

Berks Rule of Civil Procedure 206.5(d)

   (d)  The form of order required by subdivision (b) of the Pa.R.C.P. 206.5 shall be in substantially the following form:

CAPTION

   AND NOW, this ____ day of _____ , 199 __ , upon consideration of the foregoing petition, it is hereby ORDERED that:

   (1)  a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested:

   (2)  the respondent shall file an answer to the petition within ____ days of this date;

   (3)  the petition shall be decided under Pa.R.C.P. 206.7;

   *(  )  (4)  depositions shall be completed within ____ days of this date.

   *(  )  (4)  an evidentiary hearing on disputed issues of material fact shall be held on ______ , 199 __ , at ____ o'clock, __ .m., in Courtroom ____ of the Berks County Courthouse.

   *(  )  (5)  argument on questions of law shall be held on _____ , 199 __ , at ____ o'clock, __ .m., in Courtroom ____ of the Berks County Courthouse.

   *(  )  (5)  the questions of law presented shall be resolved by the Court on briefs, without oral argument.

   (6)  notice of the entry of this Order shall be provided to all parties by the petitioner.

By the Court:

_________________
J.

*The Court shall determine which procedure shall be followed in a particular case by checking the appropriate box.

Berks Rule of Civil Procedure 206.7(d)

Rule 206.7(d)

   The Berks County Court may order an evidentiary hearing for the purposes of determining disputed issues of material fact, in addition to, or in substitution for, the taking of depositions, and/or other discovery, pursuant to Pa.R.C.P. 206.7(d).

   Note: The petitioner need not appear before the assigned judge on the day a rule is returnable.

   When a party files an answer to the petition, such party need not thereafter appear before the assigned judge on the day a rule is returnable.

[Pa.B. Doc. No. 97-144. Filed for public inspection January 31, 1997, 9:00 a.m.]


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