Berks Cnty. C.P. Civil Rules Rule 205.4

(a)(1) Beginning on the date established by the President Judge by Administrative Order,

parties shall file all “legal papers” as defined by Pa.R.C.P. No. 205.4(a)(2), with the Prothonotary

through the Berks County Electronic Filing System “EFS” as more specifically provided here and

in Pa.R.C.P. No. 205.4.

Explanatory Note: The term “legal paper” as defined in Pa.R.C.P. No.

205.4(a)(2) encompasses all pleadings and other papers filed with the

Prothonotary, including exhibits and attachments – even if the legal papers are

not adversarial in nature and do not require the non-filing party or parties to

respond.

(2) As used in this rule, the following words shall have the following meanings:

CMS (Case Management System): A Court case management system manages the receipt,

processing, storage and retrieval of data associated with a case and performs actions on the data.

Electronic Filing (E-Filing): The electronic transmission, acceptance, and processing of a

filing. A submission consists of data, one or more documents, and/or images. The definition of

electronic filing does not apply to facsimile or e-mail.

(b)(1) Authorized Electronic Format of Legal Papers Electronically Filed. All legal papers

shall be filed in a portable document format (“pdf”) or other format as may from time to time be

established for electronic filing. A paper presented for filing in hard copy or in a format other than

the required format shall be converted to the required format and maintained by the Prothonotary in

that format pursuant to Pa.R.C.P. No. 205.4(b)(1).

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(c)(2) Website. Access to the Website

(i) Website. All legal papers shall be filed electronically through the

Berks County Electronic Filing System “EFS” which shall be accessible through the

County of Berks website, www.co.berks.pa.us, or at such other website as may be

designated from time to time.

(ii) Use of the EFS shall be in accordance with the User Manual.

(iii) Access to the Website. To obtain access to the Berks County

Electronic Filing System, counsel and any unrepresented party must apply for and

receive a User Name, Password, and Personal Identification Number (“PIN”).

(iv) Registered users shall be individuals, and not law firms, agencies,

corporations, nor other groups.

(v) User access may be suspended to prevent fraud, to maintain security

of the system and network, to prevent an unacceptable level of congestion, or to

prevent a disruption to the EFS or another user.

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(d)(1) Payment of Filing Fees

The Prothonotary will accept filing fees through PayPal or as set forth in the User

Manual. The Prothonotary will not accept advance deposits for future filings.

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(f)(1) Filing Status Messages

(i) Upon receipt of the legal paper, the Prothonotary shall provide the

filing party with an acknowledgment, which includes the date and time the legal

paper was received by the Berks County Electronic Filing System.

(ii) After review of the legal paper, the Prothonotary shall provide the

filing party with e-mail notification, or notification on the Berks County Electronic

Filing System, that the legal paper has been accepted for filing (“filed”) or refused

and not accepted for filing.

(f)(2) When an electronic document is accepted, the electronic document is the official

record, except for documents containing a raised seal. Documents containing a raised seal shall be

filed electronically, and the original with the raised seal shall be filed with the prothonotary’s office

as the official record.

(i) If a document filed in paper format is digitized, recorded, scanned or

otherwise reproduced into an electronic record, document or image, the electronic

record, document or image is the official record except for documents with raised

seals.

(ii) Once a paper document is digitized, recorded, scanned or otherwise

reproduced into an electronic record, document or image, the paper document may

then be destroyed by the Prothonotary, unless the document is required to be

preserved by law or order of court.

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(f)(3) Signatures and Verifications

(i) 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. Additionally, the

following provisions apply:

(ii) Filing Party. 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.

The correct format for an attorney signature is as follows:

/s/ ATTORNEY NAME

PA Supreme Court ID #

Attorney for (Plaintiff/Defendant) XYZ Corporation

ABC Law Firm

ADDRESS

TELEPHONE NUMBER

E-MAIL ADDRESS

FAX NUMBER

(iii) An authorized electronic filer must not allow their user name and

password to be used by anyone other than an agent who is authorized by the

electronic filer.

(iv) Electronic filers shall notify the Prothonotary’s Office immediately

by calling 610-478-6970 if there has been any unauthorized use of their EFS user

name and password.

(v) Client Verifications and Documents Executed By Clients or Other

Persons. 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.

(vi) 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.

(vii) 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.

Note: This subsection is designed to address issues which may arise regarding signatures on legal

papers and documents. A filer’s use of the User Name, Password and PIN issued through the Berks

County Electronic Filing System is the filer’s “electronic signature”. However, legal papers often

require verifications executed by non-filers. In addition, many legal papers or documents require

multiple signatures. Deficiencies in content and execution could be subject to preliminary

objections. In order to avoid prejudicial delay, this section requires that the filing party scan such

legal papers, documents or signature pages and include them as part of the electronic filing at the

time of submission. Original signed copies should be kept as provided for in Pa.R.C.P. No.

205.4(b)(4).

(f)(4) Electronic Filing Fees and Costs

(i) The Prothonotary shall collect an electronic filing fee for each legal

paper or exhibit filed as established by the Prothonotary with the approval of the

President Judge of the Berks County Court of Common Pleas.

(ii) In addition to such electronic filing fee, the Prothonotary is

authorized to charge a fee as set from time to time for each page of a legal paper or

exhibit which is filed in hard copy format and which must be converted to the

required format.

(iii) All fees collected pursuant to this rule shall be set aside by the

Prothonotary and remitted monthly to the Berks County Treasurer’s Office.

(iv) All such fees and costs collected will be used for the implementation

and maintenance of the Berks County Electronic Filing System “EFS” and additional

development, enhancements and training.

(v) Electronic filers shall alert the EFS to any payment errors within

forty-five (45) days of the payment date by calling the Prothonotary’s Office at 610-

478-6970.

(f)(5) Other Procedures Necessary to the Operation of a System of Electronic Filing

(i) If a legal paper is accepted, it shall be deemed to have been filed as of

the date and time it was received by the Berks County Electronic Filing System;

provided, however, that if a legal paper is submitted without the requisite fee, the

legal paper shall be deemed to have been accepted for filing as of the date payment

was received. The Prothonotary is authorized to refuse for filing a legal paper

submitted without the requisite payment. If the pleading or legal paper other than

original process is accepted for filing, it will be electronically served as authorized

by Pa.R.C.P. No. 205.4 (g)(1)(ii) and service shall be effectuated as provided in

Pa.R.C.P. No. 205.4 (g)(2)(ii).

(ii) Termination Notice. In addition to the procedures set forth in

Pa.R.C.P. No. 230.2, in cases where a party is a registered user of the Berks County

Electronic Filing System, notice of proposed termination may also be electronic.

(iii) An electronic filer is not required to file any paper copies unless

specifically required by the court.

(iv) An electronic filer is not required to file multiple copies of documents

as specified elsewhere in these local rules.

(v) Electronic filing is permitted at all times when the EFS is available.

If the EFS is unavailable at the time a registered user attempts to file a document, the

registered user shall make reasonable efforts to file the document as soon as the

unavailability ends.

(vi) If a registered user believes the unavailability of the EFS prevented a

timely filing to the party’s prejudice, the registered user may submit a motion to the

court within ten (10) days of the registered user’s unsuccessful attempt to file the

document. 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.

(vii) The filing deadline for any document filed electronically is 11:59:59

p.m. EST/EDT.

(viii) Documents with Attachments. Attachments, including exhibits, that

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

(ix) 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.

(x) An attachment or exhibit that exceeds the technical standards for the

EFS or is unable to be electronically filed must be filed as ordered by the court. 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.

(xi) The Court may, on its own motion or for good cause shown, order a

filing be made under seal. Filings requested to be made under seal shall be

submitted to the Prothonotary’s Office over the counter rather than through EFS.

(xii) Sealed or confidential documents may be submitted for electronic

filing in a manner that maintains confidentiality under applicable law.

(xiii) 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. Confidential data may

be collected on the EFS so that the data can be viewed by authorized personnel while

being protected from public view.

(xiv) Family Court documents shall be confidential and shall not be

viewable in CMS by the public without an Order of Court.

Note: Attorneys and litigants who file documents are required to comply with the Public Access

Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial

Courts.

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(g)(2) Service by Electronic Transmission

(i) The electronic filing of a legal paper does not satisfy the filing party's

obligation under the Pennsylvania Rules of Civil Procedure or the Berks County

Rules of Civil Procedure to serve the legal paper on all parties to the litigation or on

the Court.

(ii) Service of subsequent pleadings other than orders shall be made by

the filing party to all other parties. Service of orders shall be made to registered EFS

users by the Prothonotary’s Office by e-mail notification or mail as elected by the

EFS user and to all others by mail.

(h) 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).