Berks Cnty. C.P. Civil Rules Rule 40

(a) Where a Writ of Certiorari has been issued pursuant to the Pennsylvania Rules of Civil Procedure

Governing Actions and Proceedings before Magisterial District Judges, the party causing the writ to issue

shall, within ten (10) days after the return of the record:

(1) 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, and serve a copy of such exceptions by personal service or first

class mail on opposing counsel of record or party without counsel, or

(2) if deficiency or error in the record is alleged, 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, returnable within ten (10) days, and serve

copies of the petition and rule by personal service or first class mail on the Magisterial District Judge and on

opposing counsel of record or party without counsel.

(b) If a corrected record or an answer to the petition acceptable to petitioner is not filed within ten (10)

days, and the parties are unable to stipulate of record what corrections are to be made to the record, upon

application of the petitioner the court shall fix a hearing date, direct that the Magisterial District Judge bring

into court for inspection all records pertaining to the proceedings, and upon hearing held determine by order

of court what corrections, if any, should be made to the record. Upon such order being entered, the petitioner

shall proceed in accordance with subsection (a)(1) of this Rule.

(c) Failure of the party filing the praecipe for issuance of the writ to proceed in accordance with this Rule

shall be grounds for dismissal of the writ.

PETITIONS, MOTIONS AND ANSWERS