THE COURTS
Title 255—LOCAL COURT RULES
BERKS COUNTY
Amendments to Local Rules; Court of Common Pleas; No. 23-303
[53 Pa.B. 7360]
[Saturday, December 2, 2023]
Order And Now, this 9th day of November, 2023, it is hereby Ordered that amendments to Berks County Orphans' Court Local Rules 1.9C, 2.7A, 7.5A, and 14.8B and rescission of Berks County Orphans' Court Local Rule 2.12 shall become effective on thirty (30) days after publication in the Pennsylvania Bulletin.
The District Court Administrator is Ordered and Directed to:
1. Submit one (1) copy of this Order, including the amended rule, to the appropriate Rules Committee of the Supreme Court of Pennsylvania for review.
2. Distribute two (2) copies of this Order, including the amended rule, and one (1) disk copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) copy of this Order, including the amended rules, with the Administrative Office of Pennsylvania Courts contemporaneously with publishing the local rules in the Pennsylvania Bulletin.
4. Compile the local rules within the complete set of local rules available on the Berks County Court website no later than 30 days following publication in the Pennsylvania Bulletin.
5. Distribute one (1) copy of this Order, including the amended rule to the Berks County Prothonotary's Office so they can keep them continuously available for public inspection and copying.
M. THERESA JOHNSON,
President JudgeRule 1.9C. Depository of the Court.
(a) All moneys and securities which shall be paid or delivered into court, shall, upon the receipt thereof by the Clerk, be immediately deposited by [him] the Clerk with the depository of the court, to the credit of the court in the particular estate or proceeding to which the same may belong; and said depository shall keep a separate account of each of said payments and deliveries, designating the same by the name of the particular estate or proceeding.
(b) No money shall be paid out of court by [said] depository, or securities delivered except on the checks or orders of the Clerk, countersigned by the Administrative Judge of this Division, or the President Judge, and accompanied by a certificate, endorsed on said checks, or orders, under the hand of the Clerk and the seal of the court, that the money was ordered to be paid or the securities delivered.
Rule 2.7A. Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution—Order.
(a) Objections to accounts may be made at any time prior to the close of business on the first Tuesday of each month (or the first Monday of each month should the first Tuesday [of each month] be a holiday) to the Court by the Clerk by filing such objections in writing in the Clerk of the Orphans' Court Division.
(b) Objections that are to be made: (1) to an account not filed for submission to the Court for audit but filed by order of the Court; [of] or (2) an account filed without a Petition for Adjudication/Statement of Proposed Distribution shall be filed within twenty (20) days from service of a copy of the account filed with the Clerk.
(c) 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 [6th and] 633 Court [Streets] 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 [said] the meeting and/[later]or conference/hearing.
BY THE COURT:
__________
, J.Rule 2.12. Rescinded.
Rule 7.5A. Motions Practice.
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. Upon consideration of the motion, the court may grant relief immediately or issue a rule to show cause. The rule to show cause shall be in substantially the following form:
(CAPTION)
RULE TO SHOW CAUSE AND NOW, ______ , ______ , upon consideration of the foregoing motion, it is ordered that:
(1) a Rule is issued upon the respondent to show cause why the movant is not entitled to the relief requested;
(2) the respondent shall file an answer to the motion within ____ days of this date;
( ) (3) the movant shall file a brief in support of the motion within ____ days after service of the answer;
( ) (4) the respondent shall file a brief in opposition to the motion within ____ days after service of the movant's brief;
( ) (5) an evidentiary hearing on disputed issues of material fact shall be held on ______ at ______ a.m./p.m. before the undersigned Judge in the Berks County Courthouse/Services Center.
( ) (6) oral argument shall be held on ______ at ______ a.m./p.m. in the courtroom of the Berks County Courthouse/Services Center assigned to the undersigned.
BY THE COURT:
__________
, J.Distribution: Clerk of the Orphans' Court (1); movant or counsel (1); respondent(s) by name (1 each) or counsel
Rule 14.8B. Guardian Acknowledgment.
Promptly upon appointment, a court-appointed guardian shall initial, sign and file a Guardian Acknowledgment of Duties and Liabilities form, as follows:
IN RE: : IN THE COURT OF COMMON PLEAS : OF BERKS COUNTY, PENNSYLVANIA __________ : ORPHANS' COURT DIVISION an incapacitated person
: NO. _________________
GUARDIAN ACKNOWLEDGMENT OF DUTIES AND LIABILITIES I, the undersigned court-appointed guardian, acknowledge that as guardian I have broad, but not unlimited powers, duties, and liabilities as set forth generally in 20 Pa.C.S.A. § 5501 et seq. and more specifically acknowledge my duties and liabilities under 20 Pa.C.S.A. § 5521 and as follows:
As Guardian of the Person, I shall:
• Assert the rights and best interests of my ward. __________
• Respect to the greatest possible extent my ward's expressed wishes and preferences. __________
• Where appropriate, develop a plan of supportive services to meet my ward's needs. __________
• Encourage my ward to participate in all decisions which affect my ward, to act on his or her own behalf whenever he or she is able to do so, and to develop or regain, to the maximum extent possible, capacity to manage his or her personal affairs. __________
As Guardian of the Estate, I shall:
• Take possession of, maintain, and administer each asset of my ward, and make all reasonable expenditures and efforts to preserve the estate. __________
• Within three months, file an inventory of my ward's real and personal property and a statement of any property that I expect to acquire thereafter. (Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.) __________
In addition to the above duties, as Guardian (either of the person or the estate), I shall:
• Exercise my powers for the benefit of my ward. __________
• Keep the ward's assets separate from my assets. __________
• Exercise reasonable caution and prudence. __________
• Keep a full and accurate record of all actions, receipts, and disbursements on behalf of the ward. __________
• 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). (Filing fee will be charged for paper filings.) I shall file a final report within 60 days of my ward's death or adjudication of capacity. __________
• I have been made aware of the Guardianship Tracking System (GTS). __________
As Guardian of the person and/or the estate, I understand and acknowledge that any breach of my duty to my ward, such as but not limited to asset misappropriation, may result in civil and even criminal liability. __________
Date: _________________
Guardian's Signature: __________Phone Number: _________________
Email address: _________________
Unified Judicial System of Pennsylvania Web Portal—https://ujsportal.pacourts.us
[Pa.B. Doc. No. 23-1647. Filed for public inspection December 1, 2023, 9:00 a.m.]
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