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Berks Cnty. C.P. Civil Rules Rule 430(a)

Service of Original Process

activein force · 2026-09-30 – presentact-effective-date

Original process of actions filed with the Prothonotary of Berks County shall be served by the

sheriff or a competent adult in the actions in partition, prevent waste, and declaratory judgment when

declaratory relief is the only relief sought, and by the sheriff in all other actions.

Rule 430(b) By Publication

(1) Where service is by publication in an equity action, an action to quiet title or an ejectment

action, it shall consist of a brief statement of the contents of the complaint, a notice to the persons served

by the publication to plead on or before a date fixed in the notice, which date shall be not less than thirty

(30) days after the date of the last publication, along with a notice complying with the form prescribed in

Pa.R.C.P. 430(b) and naming the agency from whom legal help can be obtained as designated in

B.R.C.P. 1018.1. 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. In the absence of a special

order of court, the published notice shall be inserted in a newspaper of general circulation published in

the county and the Berks County Law Journal as required by the Pennsylvania Rules of Civil Procedure.

The publication required by Pa.R.C.P. 1507 shall conform to the requirements of this Rule insofar as said

requirements are applicable.

(2) In all cases in which any statute, Pennsylvania Rule of Civil Procedure, Pennsylvania Rule of

Criminal Procedure, Berks County Rule of Court or Order of Court, publication of legal notices or

advertisement shall be required to be made in a legal periodical, the same shall be made in the Berks

County Law Journal, which for all such purposes is designated as the legal periodical in Berks County. A

copy of every legal issue of said periodical shall be furnished free of charge to the following: each judge

of the Court of Common Pleas, the prothonotary, the clerk of court, the court administrator, the county

solicitor, the office of the county commissioners and the law library, to be kept there on file.

Rule 440/441 Manner of Service. Proof of Service

All notices, rules, pleadings, motions and papers required to be served shall, unless otherwise

directed by statute, Pennsylvania Rules of Civil Procedure or Pennsylvania Rules of Criminal Procedure,

or expressly provided in these rules, or specially ordered by the court, be served as follows:

(a) Whenever it shall be required that notice shall be given of any intended application to the court,

copies of the application shall have already been served with such notice and proof of service filed of

record. The service of all rules, citations or orders of the court shall be accompanied with copies of the

petitions or motions upon which such rules, citations or orders shall have been granted, unless the

opposing parties shall have already been served with such copy.

(b) Where an opposing party has not entered an appearance or filed a pleading containing an address

endorsed thereon where papers may be served upon said party, service of pleadings shall be as provided

by Pa.R.C.P. 400-441, and service of the rule, citation or order of the court entered upon a motion,

petition or application shall be as provided by B.R.C.P. 207.1.

endorsed thereon where papers may be served upon said party, service of pleadings shall be as provided

by Pa.R.C.P. 440, and service of the rule, citation or order of the court entered upon a motion, petition or

application shall be as provided by B.R.C.P 207.1.

(d) Proof of service by verified statement, as verified is defined in Pa.R.C.P 76, of the time, place

and manner of the service shall be filed in all cases unless specifically excused by these rules, and except

where service is made by the sheriff, and when the service is by filing a copy in the prothonotary's office,

the reason for so serving it must be stated in detail in the verified statement.

VENUE AND PROCESS

Rule 1008B Appeal from Judgment of Possession

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. At the

conclusion of the said proceedings, such deposits shall be applied to the payment of any judgment

(including damages and costs) against the tenant rendered on the appeal.

Rule 1012 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. The written

appearance will facilitate proper notification being given to all counsel of record. 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.

Rule 1012.1 Admission Pro Hac Vice

...

(g) Attorneys admitted pro hac vice in a case using the Berks County Electronic Filing

System (EFS) may file as a non-attorney user since the EFS system only allows attorney users

with a valid Pennsylvania Supreme Court identification number.

PLEADINGS

Rule 1018.1 Notice to Defend

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

Rule 1024 Affidavits Taken or Attested by Attorneys

Attorneys holding commissions as notaries public, or otherwise authorized to administer oaths, shall

not, in any judicial proceeding in which they appear as counsel, take or attest any affidavit to be filed or

read therein. All affidavits taken or attested in violation hereof shall be null and void.

Rule 1028(c) Preliminary Objections

(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. The praecipe shall order that the preliminary objections be listed for argument on the next argument

court date that is at least twenty-four (24) days from the date of filing, or any later date that the party

filing the praecipe certifies is agreeable to all parties and the assigned judge. Said argument court date

must be in accordance with the Civil Argument Court calendar, which can be found online at

www.co.berks.pa.us.

(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.

(1) 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:

ORDER

AND NOW, this _____ day of ______, ____, preliminary objections endorsed

with a notice to plead having been filed in this matter and served on ______, [date which

appears on the proof of service] it is hereby ordered that:

(1) Any party wishing to oppose the preliminary objections shall file with

the Prothonotary an original and one copy of the answer to the preliminary objections and

proof that the answer to the preliminary objections has been served by first class mail

upon counsel for all other parties and any unrepresented parties no later than _________.

[In accordance with Pa.R.C.P. 239.5 and 1026(a), which require any party opposing

preliminary objections endorsed with a notice to plead to respond thereto within twenty

(20) days of service of the preliminary objections, the party filing the preliminary

objections must here insert a date twenty (20) days after the date listed on the proof of

service filed with the preliminary objections, unless counsel and any unrepresented

parties stipulate to a different time.]

(2) Depositions and/or any other discovery required for determination of the

preliminary objections shall be completed by __________. [The date inserted shall be no

longer than sixty (60) days after the date listed on the proof of service accompanying the

preliminary objections.]

(3) An original and one copy of a brief of argument and proposed order

granting the relief requested, along with proof that such documents were served by first

class mail upon counsel for all other parties and any unrepresented parties, shall be filed

with the Prothonotary by ________ [the party which filed the preliminary objections] on

or before ____________ [the date inserted shall be no longer than twenty (20) days after

the date on which discovery ends].

(4) Any party opposing the preliminary objections shall file with the

Prothonotary an original and one copy of a brief of argument, proposed order and proof

that such documents were served by first class mail upon counsel for all other parties and

any unrepresented parties, no later than twenty (20) days after the date listed on the proof

of service accompanying the brief of the party which filed the preliminary objections.

(5) Argument on the preliminary objections shall be held in the assigned

courtroom of the Berks County Courthouse/Services Center on the next argument court

date that is at least twenty-four (24) days from the date of filing, or any later date that the

party filing the praecipe certifies is agreeable to all parties and the assigned judge.

(6) The party which filed the preliminary objections shall serve notice of the

entry of this order, along with copies of the signed order bearing the entry date, upon all

counsel and any unrepresented parties no later than two (2) business days after receiving

a copy of the order.

BY THE COURT:

_________________J.

(2) Following service of copies of the preliminary objections and the above form of

order, all counsel and any unrepresented parties should confer and agree upon the dates to be included in

the order prior to its submission to the Court for consideration and entry.

(3) The party filing the preliminary objections shall file the original of the completed

form of order with the Prothonotary no later than twenty (20) days following service of copies of the

preliminary objections and accompanying documents upon counsel for all other parties and any

unrepresented parties, whereupon the Prothonotary shall deliver the file of the case to the Court. Nothing

in this rule shall preclude the Court from changing the dates set forth in the above-referenced form of

order, whether or not such dates were set by agreement of the parties.

documents required by paragraphs (1) and (2) above, the Prothonotary shall notify the Court, whereupon

the Court may, unless all defects are corrected within five (5) business days of receipt of the file, overrule

the preliminary objections.

(d) If an amended pleading is filed in response to preliminary objections, the preliminary

objections shall be deemed moot, along with all requirements of this rule relating to discovery and

responding to such preliminary objections. Where an argument date has been set, the Prothonotary and

Court Administration, Court Information Management Division, shall strike the preliminary objections

from the argument list, if any of the following conditions are met:

(1) The amended pleading is filed within twenty (20) days following the date

of service of copies of the preliminary objections and accompanying documents as set forth in

Pa.R.C.P. No. 1028(c)(1);

(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).

(e) 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. When the argument

date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the

non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon

argument date.

(f) If any party to whose pleading preliminary objections have been filed fails to file either an

amended pleading or a response to the preliminary objections, the Prothonotary shall deliver the file of

the case to the Court, whereupon the Court may deem the preliminary objections to have been admitted

and, without further notice, either sustain the preliminary objections; hear oral argument and rule upon the

preliminary objections; rule upon the preliminary objections without oral argument; or, if an issue of fact

is raised, direct that the matter be continued for no more than sixty (60) days for the parties to produce

sufficient evidence for the Court to consider in making its ruling.

(g) If preliminary objections are filed which involve issues raised under Pa.R.C.P. No.s

1028(a)(1), (5), (6), (7), or (8) but are not endorsed with a notice to plead and no response thereto is filed,

the Court shall deem the preliminary objections to be denied in accordance with Pa.R.C.P. No. 1029(d),

and may, without further notice, overrule the preliminary objections, although it may permit the

preliminary objections to be re-filed, endorsed with the required notice to plead, no later than twenty (20)

days after the order is entered. In the alternative, the Court may hear oral argument from the party that

filed the preliminary objections and any other party wishing to be heard, or, if an issue of fact is raised,

may direct that the matter be continued for no more than sixty (60) days in order to permit the party that

filed the preliminary objections, and any other party wishing to participate, the opportunity to produce

sufficient evidence for the Court to consider in ruling upon the preliminary objections.

(h) If preliminary objections are in the nature of preliminary objections to preliminary objections,

the filing, argument and disposition of the second set of preliminary objections shall proceed in

accordance with paragraphs (1) through (7) above and oral argument on the first set of preliminary

objections shall be continued to the date set for argument on the second set of preliminary objections. If

the Court overrules the second set of preliminary objections or does not make a decision on the second set

of preliminary objections, the Court may proceed with the consideration and disposition of the first set of

preliminary objections in accordance with paragraphs (5) through (7) above immediately after the

conclusion of argument on the second set of preliminary objections, or may schedule oral argument on the

first set of preliminary objections for a date and time after it has ruled on the second set of preliminary

objections.

(i) The Court shall promptly determine all preliminary objections after the argument date, or, if

the matter was continued in accordance with paragraphs (6) or (7) above, may re-list the matter for oral

argument, request or permit additional argument briefs from the parties or, if an issue of fact is raised,

shall consider the evidence produced by the parties.

(j) At the Court’s discretion, the preliminary objections may be determined upon the

pleadings, any evidence produced and the argument briefs submitted by the parties, without oral

argument. Notice thereof shall be provided by the Court to the parties and/or their counsel by letter or

telephone at least three (3) business days prior to the scheduled argument date.

Rule 1034(a) Motion for Judgment on Pleadings

(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. The praecipe shall order that the motion be listed for argument on the next argument

court date that is at least twenty-four (24) days from the date of filing, or any later date that the party

filing the praecipe certifies is agreeable to all parties and the assigned judge. Said argument court date

must be in accordance with the Civil Argument Court calendar, which can be found online at

www.co.berks.pa.us.

(2) If a party filing a motion for judgment on the pleadings fails to simultaneously file such

praecipe, argument brief and/or proof of service, the Prothonotary shall immediately notify the Court,

whereupon the Court may, unless all defects are corrected within five (5) business days of the receipt of

the file, deny the motion.

(3) If the party filing a motion for judgment on the pleadings complies with paragraph (1) above,

the non-moving party shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the

argument court date, file an argument brief accompanied by a proof of service of copies of the argument

brief upon counsel for all other parties and any unrepresented parties by first class mail. When the

argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders

otherwise, the non-moving party shall file its argument brief no later than seven (7) days prior to the

agreed upon argument date.

(4) If the non-moving party does not file an argument brief, the Court shall decide the motion

based on the record. In doing so, the Court may in its discretion hear oral argument from the party that

filed the motion for judgment on the pleadings, but not from the non-moving party.

Rule 1035.2(a) Motion for Summary Judgment

(1) A party filing a motion for summary judgment shall file the original motion with the

Prothonotary, accompanied by a proof of service of copies of the motion upon counsel for all other parties

and any unrepresented parties by first class mail. No praecipe for argument shall be filed at the time that

the motion is filed.

(2) The non-moving party shall file a response to the motion for summary judgment no later than

thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a). 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.

(3) At the end of the 30-day response period, any party may list the motion for summary

judgment for oral argument by filing a praecipe for argument, accompanied by a proof of service, with the

Prothonotary indicating that copies of the praecipe have been served upon counsel for all other parties and

any unrepresented parties by first class mail.

(4) If the moving party files the praecipe for argument, an argument brief shall be filed therewith

and the case shall be listed for the next argument court date that is at least twenty-four (24) days

thereafter, or any later date that the party filing the praecipe certifies is agreeable to all parties and the

assigned judge, accompanied by a proof of service of copies of the praecipe and argument brief upon

counsel for all other parties and any unrepresented parties by first class mail. Said argument court date

must be in accordance with the Civil Argument Court calendar, which can be found at

www.co.berks.pa.us. The non-moving party shall thereafter file an argument brief on or before the

Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, accompanied by a proof of

service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by

first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the

assigned judge orders otherwise, the non-moving party shall file its argument brief no later than seven (7)

days prior to the agreed upon argument date.

(5) If the non-moving party files the praecipe for argument with a proof of service, the case shall

be listed for the next argument court date that is at least forty-four (44) days thereafter, or any later date

that the party filing the praecipe certifies is agreeable to all parties and the assigned judge, and the moving

party shall file a brief of argument with the Prothonotary on or before twenty-four (24) days prior to the

argument court date, accompanied by a proof of service of copies of the argument brief upon counsel for

all other parties and any unrepresented parties by first class mail. The non-moving party shall thereafter

file an argument brief with the Prothonotary on or before the Tuesday (or Monday, if Tuesday is a

holiday) before the argument court date, accompanied by a proof of service of copies of the argument

brief upon counsel for all other parties and any unrepresented parties by first class mail. When the

argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders

otherwise, the moving party shall file its argument brief no later than twenty-four (24) days prior to the

agreed upon argument date, and the non-moving party shall file its argument brief no later than seven (7)

days prior to the agreed upon argument date.

Rule 1037 Default Judgments

The prothonotary shall not enter a judgment by default for money damages except for the specific

dollar amount alleged to be due on the date of judgment, as demanded on the face of the complaint, or any

amended complaint, duly filed and served in accordance with the Pennsylvania Rules of Civil Procedure,

or which can be mathematically calculated as a sum certain from such complaint or amended complaint.

ARBITRATION

Rule 1301 Cases Subject to Arbitration. Amount In Controversy. Agreement of Reference

(a) All civil actions, actions in replevin and actions upon mechanics' liens where the amount in

controversy shall be $50,000 or less shall first be submitted to and heard by a panel of arbitrators pursuant

to Pa. R.C.P. 1301 at seq. All cases that have not yet been certified for trial will be subject to this change

in the arbitration limits.

(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.

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. In such

cases, the agreement of reference shall take the place of pleadings and be filed with the Prothonotary

before a certificate of readiness is filed. The amount in controversy when determined from the pleadings

shall be the largest amount claimed by any one party.

(d) Actions in mandamus, actions in quo warranto, actions in quiet title, actions in ejectment, actions

upon municipal claims, actions upon tax claims, actions of mortgage foreclosure, and actions upon

ground rents shall not be submitted to arbitration.

Rule 1301.1 Striking of Case From Arbitration or Trial List

The court may, on its own motion or upon the motion of any party, strike any case from the trial list

which should have been arbitrated in the first instance or strike any case from the arbitration list which

the court determines should be tried by a judge or jury or by a judge without a jury. 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.

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.

Rule 1302 Administration

(a) Proceedings under the arbitration rules of this Court shall be administered by Court

Administration.

(b) Court Administration shall have the power to prescribe forms, subject to review by the court.

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

private practice or as an employee of some public office such as the district attorney's office, public

defender's office, legal aid, etc.). 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. Any change in status in this regard shall immediately be

reported to Court Administration.

(d) Court Administration shall maintain such records as are necessary for the proper administration

of the arbitration system, and shall give the arbitrators such assistance as may be necessary to expedite the

arbitration process.

(e) Court Administration shall within thirty (30) days of the filing of a certificate of readiness for

arbitration designate the time and place for the arbitration hearing. The arbitration hearing shall be set not

less than sixty (60) days after mailing the notice scheduling the arbitration hearing.

(f) Arbitrations are scheduled by Court Administration in half day and full day increments, a half day

being three (3) hours or less and a full day being more than three (3) hours. Half day arbitrations are

scheduled at 9:30 a.m. or 1:30 p.m.

Rule 1302.1 Selection of Arbitrators and Substitutions

(a) Each board of arbitrators shall be composed of one attorney from the "Qualified List of

Chairpersons" and two attorneys from the "Qualified List of Arbitrators." Not more than one member or

associate of any firm or association of attorneys shall be appointed to the same arbitration panel.

(b) The minimum qualifications for service as an arbitrator are as follows:

(1) Membership in the Bar of the Supreme Court of Pennsylvania;

(2) The active practice of law for a minimum of one year following admission to the Bar of the

Supreme Court of Pennsylvania;

(3) The maintenance of a principal office for the practice of law in Berks County;

(4) Participation in at least one (1) trial or evidentiary hearing; and

(5) The completion of a training program sponsored by the Mandatory Continuing Legal

Education Committee of the Berks County Bar Association, which is approved for Continuing Legal

Education (CLE) credit.

serve, that arbitrator shall notify Court Administration and counsel of record at least three working days

prior to the scheduled date of the hearing. If that arbitrator notifies Court Administration of his or her

inability to serve less than three working days prior to the scheduled hearing date, that arbitrator shall

make all arrangements to ensure that a substitute arbitrator who appears on the "Qualified List of

Arbitrators" is present for the hearing and shall notify Court Administration and counsel of record

accordingly. If any arbitrator simply fails to appear at the scheduled hearing, he or she shall not receive

any further appointments until his or her name reappears for appointment in due course. If an arbitrator

fails to appear a second time, his or her name shall be removed from the "Qualified List of Arbitrators"

and he or she shall not thereafter be appointed as an arbitrator in any case unless he or she is reinstated

upon application to the President Judge of the Court.

Rule 1302.2 Chairperson of Arbitration Boards

(a) The board of arbitrators shall be chaired by an arbitrator who appears on the "Qualified List of

Chairpersons."

(b) The minimum qualifications for service as a Chairperson are as follows:

(1) Membership in the Bar of the Supreme Court of Pennsylvania;

(2) The active practice of law for a minimum of seven years following admission to the Bar of the

Supreme Court of Pennsylvania;

(3) The maintenance of a principal office for the practice of law within Berks County;

(4) Participation in at least five (5) trials or evidentiary hearings;

(5) Being the principal attorney in at least ten (10) litigation cases which have been filed in a

court of record;

(6) The completion of a training program sponsored by the Mandatory Continuing Legal

Education Committee of the Berks County Bar Association, which is approved for Continuing Legal

Education (CLE) credit; and

(7) Concentration of practice in the area of law which is involved in the case before the panel.

Rule 1303 Certification for Arbitration

Arbitration cases shall be certified for arbitration in accordance with the procedure set forth in the

rule pertaining to certification for civil trial. (See B.R.C.P. 212.1.) 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. 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.

Rule 1303.1 Notification of Hearing Date and Appointment of Arbitrators

The Prothonotary's Office, under the direction of Court Administration, shall mail a copy of the

completed certificate of readiness for arbitration scheduling the hearing date, time and place to each

arbitrator appointed, each attorney of record and, in the event a party is not represented of record by an

attorney, to such party at his or her last known address by first-class mail and file of record proof of

service in each case.

Rule 1303.2 Continuances

(a) No later than seven (7) days prior to the hearing date, the case may be continued one (1) time by

agreement of all counsel and unrepresented parties. The counsel or party requesting the continuance shall

give written notice of such continuance to the arbitrators, Court Administration and the Prothonotary's

Office. Court Administration shall reschedule the case to be heard within sixty (60) days, with notice of

hearing to be provided by the Prothonotary's Office to all arbitrators, counsel and unrepresented parties in

accordance with B.R.C. P. 1301.1.

(b) In the event that the parties cannot agree to a continuance more than seven (7) days prior to

hearing under subparagraph (a) above, an application for a continuance of the case must be made to and

ruled upon by the assigned judge. Counsel making such application shall comply with B.R.C.P. 207.1.

accordance with Subsection 1303.2(a) above.

Rule 1304 Pre-Arbitration Memorandum

(a) At least seven (7) days before the date of the arbitration hearing, all parties shall file with the

Prothonotary a memorandum in the form hereinafter provided and shall immediately serve a copy on each

party and each arbitrator. 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.

(b) 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.

allowed to offer an exhibit at the arbitration hearing that is not listed in a timely-filed pre-arbitration

memorandum.

(d) In the event that a party does not file a pre-arbitration memorandum as required by paragraph (a),

the other party may file a written motion with the assigned judge to strike the case from the arbitration

list.

Rule 1304.1 Amendment to Pleadings

No amendments to the pleadings shall be allowed by the arbitrators except by stipulation of the

parties.

Rule 1305 Conduct of Hearing

On the date fixed for the hearing, the chairperson and the members of the panel shall report to the

designated location for the hearing and shall organize for the hearing at least fifteen (15) minutes before

the scheduled time. The panel shall conduct the hearing in accordance with Pa. R.C.P. 1302, 1304 and

1305 and in accordance with courtroom decorum. The chairperson of the panel shall preside and see to

the proper conduct of the hearing, announce all rulings of a majority of the panel pertaining to the law

and/or the admissibility of evidence and be responsible for the proper filing with the Prothonotary of the

completed oath and award.

Comment: It is the intention of these rules that the arbitration proceed in an expeditious fashion and

that all parties will take full advantage of submitting documentation and tangible evidence pursuant to

Pa. R.C.P. 1305 without the need for expert testimony unless extraordinary circumstances warrant.

Rule 1305.1 Continuation of Hearing

If a hearing is held and cannot be concluded at the initially scheduled time as indicated on the

certificate of readiness, a continued hearing shall be scheduled at an available and agreed upon site by the

chairperson upon stipulation by the parties with written notice on the award form to Court Administration

and the Prothonotary. If a stipulation cannot be reached as to the date, time and place of the next hearing,

the chairperson shall notify Court Administration thereof and the hearing shall be rescheduled as provided

in B.R.C.P. 1303.2(a).

Rule 1306 Award, Damages for Delay

An award shall be made promptly upon termination of the hearing pursuant to Pa. R.C.P. 1306. 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

It shall be the plaintiff's obligation to provide said stipulation to the arbitrators. If the parties are

unable to stipulate to the above facts, a separate evidentiary hearing will be scheduled pursuant to

B.R.C.P. 1305. 1.

Rule 1308 Appeal - Listing Case for Trial

(a) Any party may appeal from an award of arbitrators within such time after the entry of the award

and upon compliance with the requirements of Pa. R.C.P. 1308 through 1311. The cost for appealing the

arbitration award shall be the amount of compensation paid to the arbitrators, or 50% of the amount in

controversy, whichever is less, unless otherwise provided by the Pennsylvania Rules of Civil Procedure.

(b) Any appeal duly taken from the award of arbitrators shall be filed with the Prothonotary, in

duplicate. One copy of the appeal shall be forwarded by the Prothonotary to Court Administration, which

shall notify the judge assigned to the case for scheduling a pretrial conference.

Rule 1315 Compensation

Each arbitrator shall receive a fee of $200.00 as compensation for each half day of hearing required

and each Chairperson shall receive a fee of $250.00 as compensation for each half day of hearing

required. (A half-day shall be no more than three hours.) In cases where an award is to be entered by the

arbitrators pursuant to an agreed settlement before the hearing, each member of the arbitration panel shall

receive as compensation Seventy-Five Dollars ($75.00). When more than one case arising out of the same

transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as

compensation is concerned. The chairperson of the panel of arbitrators shall certify to Court

Administration the amount of time spent hearing the matter.

Rule 1316 Witness Fees and Costs

Witness fees and costs shall conform to fees and costs pertaining to civil actions in the Court of

Common Pleas of Berks County.

Rule 1317 Arbitration Administrator

The arbitration administrator shall be the prothonotary of Berks County, or his/her designee, or the

Berks County court administrator as the president judge shall from time to time designate.

Rule 1318 Settlements

In the event that a case is settled or postponed prior to the date of the scheduled hearing, counsel of

record shall notify each member of the board of arbitrators in writing as well as Court Administration.

Failure to comply with this rule may lead to the imposition of costs of the arbitration proceeding,

including but not limited to all arbitrators’ compensation and any other costs the Court deems appropriate,

upon either one party or all parties, depending upon the facts and circumstances of each particular case.

EQUITABLE RELIEF

Rule 1534 Accounts

(a) Fiduciaries filing accounts with the prothonotary shall comply with Pa.R.C.P. 1534 if applicable,

and insofar as practicable, shall follow the procedure provided by the Orphans' Court Rules of the

Supreme Court of Pennsylvania and the Orphans' Court Division of the Court of Common Pleas of Berks

County, except as hereinafter provided in subsections (b) and (c). All duties imposed by said rules on the

by the prothonotary.

(b) If at the expiration of thirty (30) days after the filing of said account, provided that notice shall

have been given as required and proof thereof filed, no exceptions are filed to the account or to the

proposed distribution, the account shall be confirmed absolutely as of course and the accountant shall

make the distribution proposed and file in the prothonotary's office a release or satisfaction of award from

the distributees.

forwarded to the judge assigned to the case who shall list the account for audit on a date following the

expiration of thirty (30) days from the date of filing the account, and the court shall make such

adjudication and order such distribution as shall be proper under the circumstances.

Rule 1535 Objection to Sufficiency of Security

In all cases where a party has given security to entitle that party to appeal in any case in which bond

is taken by the prothonotary, if the opposing party shall deem the security insufficient, the opposing party

may, at any time within five (5) days after such appeal is filed, present his petition to the court objecting

to the sufficiency of such security and shall give notice thereof in writing within five (5) days from the

filing thereof to the party entering the bond or that party’s attorney. The court shall hold a hearing on the

petition and the party entering such bond shall either justify the bond or add new surety and justify the

same and the court may after hearing, upon failure of the party entering such bond to justify the bond or

add new security, strike said bond.

SUPPORT

Rule 1910.10 Office Conference and Hearing Procedure

Support proceedings shall be conducted in accordance with Pa.R.C.P. 1910.12.

Rule 1910.12 Office Conference. Hearing. Record. Exceptions. Transcripts. Failure to

Appear.

(a) Conference. If a party fails to appear at the conference before the conference officer or at the

hearing before the hearing officer after notice and without good cause shown, the conference or hearing

may proceed without that party. If the plaintiff or petitioner fails to appear at the conference before the

conference officer or at the hearing before the hearing officer after notice and without good cause shown,

the court may dismiss the action or petition and may place the costs on the party who failed to appear.

(b) Hearing. If no agreement is reached at the time of the support conference, the case shall be

scheduled for a hearing before a hearing officer without further request by a party. If a party who failed

to appear at the conference and objects to the interim order recommended at the conference, the objecting

party shall file a written demand for a hearing before a hearing officer within twenty (20) days from the

date of mailing of the interim order, as set forth in Pa.R.C.P. 1910.12(b)(2). The filing deadline appears

on the DRS notice which is sent with the interim order. If no hearing is requested by the filing deadline,

the interim order shall become final.

officer shall comply with the written exceptions procedure (regarding filing, transcription of the record,

and associated costs) and filing deadline, which is sent to each party and counsel of record with the report

and recommendation. Upon filing of exceptions, the court shall issue an order scheduling the matter for

argument, directing the party filing exceptions to obtain a hearing transcript, and setting a briefing

schedule.

(d) Transcript of Record Hearing. 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. Failure to request or make payment for the

transcript may result in the dismissal of the exceptions.

Comment: For requirement of physical presence of a non-resident party or intrastate petitioner in a

UIFSA (interstate) or IFSA (intrastate) case, see 23 Pa.C.S.A. § 7316(a) and 23 Pa.C.S.A. §8311(a).

Rule 1910.19(1) Termination of Alimony Pendente Lite and Spousal Support Orders Upon

Entry of Divorce Decree

In any DRS case in which there is a current charging order of alimony pendente lite (APL) or

spousal support, or an allocated order which includes APL or spousal support, the party filing to finalize

the related divorce action shall promptly provide the DRS Docketing Division with a copy of the signed

final divorce decree. 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.

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.

: IN THE COURT OF COMMON PLEAS

Plaintiff: OF BERKS COUNTY, PENNSYLVANIA

Vs. :

: DIVORCE DOCKET NO:

: SUPPORT DOCKET NO:

Defendant: PACSES CASE ID:

: ASSIGNED JUDGE

ORDER TO TERMINATE APL/SPOUSAL SUPPORT

AND NOW, this day of, 20, it is hereby ORDERED that the alimony

pendente lite or spousal support order is TERMINATED effective as of the entry of the decree of divorce

in the parties’ related divorce action. 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. Arrears, if any, shall stand and remain payable at a rate of ($ per

month) or (at 25% of the amount of the monthly APL or spousal order to be terminated).

This order is entered without prejudice such that if an appeal is filed, the APL or spousal support

order may be reinstated. This order shall become final thirty (30) days from the entry of the divorce

decree if no appeal has been filed or, if an appeal has been filed, when all appeals have been exhausted.

By the Court:

___________________________________

Distribution:

Prothonotary

Domestic Relations Section

Plaintiff/Plaintiff’s Attorney

Defendant/Defendant’s Attorney

Rule 1910.19(2) Alimony-Only Orders Collected Through the Domestic Relations Section

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. The form of order for alimony payments through the DRS may be obtained

in the DRS Docketing Division or on the Berks County DRS website at http://www.co.berks.pa.us/dr/.

The order for alimony payments through the DRS shall be in substantially the same form as is available

through the DRS. The DRS order for alimony shall include a provision for payment of any arrears which

may accrue. The arrears payment will not be collected unless arrears have accrued on the order. Alimony-only orders are subject to limited enforcement measures (wage attachment) by the DRS. 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.

Rule 1910.32 Subpoena

The parties to a hearing before the hearing officer shall have the right to subpoena necessary

witnesses and records as provided by the law for presentation at the hearing before the hearing officer.

Application to enforce any such subpoenas shall be made to the court.

Rule 1910.33 Testimony Transcriptions

Whenever, in any support proceeding, notes of the testimony or other transcript are requested by a

party or parties to be transcribed, and it is so ordered by the court, payment shall be in accordance with

the Pennsylvania Rules of Judicial Administration. Failure to make payment may result in dismissal of

the pending matter.

Rule 1910.34 Continuances

Applications for continuance of a support proceeding (conference before a DRS establishment or

compliance officer, hearing before a support hearing officer, hearing before a judge) shall be made by the

attorney of record or a self-represented party on the Domestic Relations Section Application for

Continuance form. The form may be obtained in the DRS Docketing Division or on the Berks County

DRS website at http://www.co.berks.pa.us/dr/ under Forms/Filing Requirements. Applications for a

continuance shall be submitted at least 25 days prior to a scheduled proceeding or at the earliest possible

opportunity. The applicant shall follow the instructions on the continuance form.

(a) An application for continuance for a matter scheduled before an establishment or compliance

conference officer shall be submitted to the DRS Docketing Division, to be forwarded to the

appropriate unit manager for review and decision. Any party objecting to the decision may

seek relief before the emergency family court judge.

(b) An application for continuance for a hearing before a hearing officer shall be submitted to the

DRS Docketing Division, to be forwarded to the assigned hearing officer for review and

decision. Any party objecting to the decision may seek relief before the emergency family

court judge.

An application for continuance for a hearing scheduled before a judge shall be submitted to the DRS

Docketing Division, to be forwarded to the assigned judge for review and decision.

CHILD CUSTODY

Rule 1915.1 Scope

These rules shall apply to actions for custody, partial custody and visitation of minor children

governed by Pa.R.C.P. 1915, et seq.

Rule 1915.3 Commencement of Action; Filing

(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).

(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.

(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.

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

1915.15. 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.

(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).

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

filing.

Rule 1915.5 Question of Jurisdiction and Venue

All references to a hearing in the proposed Order required by B.R.C.P. 1915.3(b) shall be construed

as referring to a conference before the Custody Conciliator. If a question of jurisdiction or venue is raised

by timely preliminary objections, the conference shall be continued until decision by the Court.

Rule 1915.7 Consent 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).

Rule 1915.8 Physical and Mental Examination of Persons

(a) Court Administration shall maintain a list of experts acceptable to the Court for conducting

evaluations. The list shall be on the Berks County Family Court website www.co.berks.pa.us and shall be

updated from time to time as the Court directs.

(b) In the event it is determined that an evaluation shall be conducted, either party or the Custody

Conciliator shall prepare a proposed Order directing the evaluation to be conducted and setting forth how

the costs of the evaluation shall be paid. The form shall be substantially in the form prescribed by

B.R.C.P. 1915.18.

the parties, the Court, attorneys in the case and other experts involved in the case. Disclosure to an

unauthorized person, including the child who is the subject of the action, may result in sanctions.

Rule 1915.11 Appointment of Guardian Ad Litem

(a) Court Administration shall have on file a list of attorneys deemed suitable by the Court for

appointment as a guardian ad litem when it is necessary for a child involved in a custody proceeding to be

independently represented by counsel.

(b) The guardian ad litem shall have the authority to interview all parties to the custody action, to

interview the child, and to gain access to all documentary evidence needed for the representation of the

child and such other authority as granted by the Court.

where a guardian ad litem has been appointed, including whether the fees and costs shall be paid by the

parties or the County.

Rule 1915.11-1 Parenting Coordination

The 23rd Judicial District is implementing a parenting coordination program pursuant to Pa. R.C.P.

1915.11-1. A roster of qualified individuals to serve as parenting coordinators and their hourly rates shall

be posted on the court’s website at www.co.berks.pa.us.

...

(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.

(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.

...

(g) Fees.

(1) Following the appointment of a parenting coordinator, the parties shall pay the parenting

coordinator his or her hourly rate as set forth on the roster of qualified individuals to serve as parenting

coordinators at www.co.berks.pa.us pursuant to the allocation contained in the appointment

order. The parenting coordinator may reallocate the fees, subject to the approval of the court, if

one party has caused a disproportionate need for the services of the parenting coordinator.

...

(3)(a) Low-income parties whose income is determined to be 199% of the federal poverty

level or lower for the current year shall be eligible for the Modest Means Program and shall pay

their allocated portion to the parenting coordinator at a reduced hourly rate as set by the Court.

(b) A party who qualifies for In Forma Pauperis status shall not pay any fee for their

allocated portion. A parenting coordinator who seeks appointment in Berks County as a

parenting coordinator agrees to serve on a pro bono basis for up to the maximum number of

hours per year as established by the Berks County Bar Association and approved by the Court.

Rule 1915.15 Forms

(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)]

(b) The Custody Scheduling Order shall be substantially in the form provided on the Court’s

website www.co.berks.pa.us.

Rule 1915.17 Relocation

(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

(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.

(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

Rule 1915.26 Conciliation Conference

(a) The court shall refer all actions for custody of minor children to a Custody Conciliator for

purposes of a conciliation conference. Applicable Pennsylvania and local Mediation Rules shall be

followed.

(b) The Custody Conciliator shall be an attorney of law authorized to practice before the Supreme

Court of Pennsylvania and shall be appointed to such position by the Board of Judges of the Court of

Common Pleas of Berks County. The Custody Conciliator shall not practice family law before a Judge,

conference officer, or hearing officer employed in the same Judicial District.

encourage amicable resolution of those differences and may recommend mediation, counseling services

or physical and mental examinations of persons under Pa.R.C.P. 1915.8. The Custody Conciliator shall

attempt to negotiate a settlement by stipulation in writing, signed by the parties and counsel, for approval

and entry as an Order of the Court.

(d) The Custody Conciliator may conduct an informal hearing, take testimony of the parties under

oath, and hear the position of the parties relative to custody. The Custody Conciliator shall have the right

to conduct oral examination of the child who is the subject matter of the proceeding. No other witnesses

shall be permitted, except in extreme cases, and at the discretion of the Custody Conciliator. The

testimony shall not be recorded or transcribed. The Custody Conciliator shall not be bound by technical

rules of evidence and all evidence of reasonably probative value may be received. The Custody

Conciliator shall consider the Court-Ordered written evaluations of experts. The hearing shall not be

considered a hearing of the type permitted by Pa.R.C.P. 1915.4-1 but shall be considered an extension of

the conciliation process.

(e) The hearing shall be concluded on the date fixed for the hearing, except that the Custody

Conciliator may continue the hearing to a date certain for good cause shown, or to obtain investigative or

evaluative reports from a social service agency or private providers.

(f) Any investigative or evaluative reports ordered and obtained shall be considered by the Custody

Conciliator.

(g) If a written settlement is not reached, by stipulation, the Custody Conciliator shall file a

recommended order. At the discretion of the Custody Conciliator the Conciliator may also file findings

of fact, conclusions of law and a written report.

(h) Notice of the Custody Conciliator’s findings of fact, conclusions of law and/or recommended

order shall be served on counsel of record, parties without counsel of record, and on any other persons

without counsel of record who were given notice of the hearing before the Custody Conciliator. The

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

with the Prothonotary to the findings of fact, conclusions of law or recommended order, and that upon

failure to file such exceptions within twenty (20) days, the recommended order of the Custody Conciliator

will be submitted to the Court for entry as an Order of Court.

Rule 1915.27 Nonappearance at Hearing Before Custody Conciliator

(a) If a plaintiff/petitioner fails to appear, without proper cause shown, at the hearing before the

Custody Conciliator, and the Custody Conciliator is satisfied that proper notice of the order fixing the

hearing has been given to plaintiff/petitioner, the Custody Conciliator shall recommend to the Court that

an order be entered dismissing the complaint or petition to modify with respect to that party.

(b) If a defendant/respondent or party joined in the case fails to appear, without proper cause shown,

at the hearing before the Custody Conciliator, and the Custody Conciliator is satisfied that proper service

of the order has been given to the defendant/respondent or non-appearing party, it shall be presumed that

said party has agreed to a conciliation conference in that party’s absence, and the Custody Conciliator

shall proceed and recommend an order to be entered by the Court.

Custody Conciliator is satisfied that proper service has been given to all parties, the Custody Conciliator

shall recommend to the Court that an Order be entered dismissing the complaint or petition to modify.

Rule 1915.28 Exceptions. Hearing By Judge

(a) If there are exceptions to the recommended order, a pre-trial conference followed by a hearing de

novo shall be held before the Judge assigned to the case.

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

for the Custody Conciliator.

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:

_______________________________________

Rule 1915.29 Scheduling of Pre-trial Conference

A pre-trial conference will be scheduled by the Judge assigned to the case whenever a trial de novo

is demanded. A Court Order will be sent to the parties advising them of the date and time for the pre-trial

conference, as well as the issues to be addressed. The purpose of the pre-trial conference is to identify

issues which will be the focus of the trial, to determine the time required for trial, address other pre-trial

matters such as discovery requests and exchanges of expert reports, set the date for a trial and discuss

other relevant matters, including settlement of the action.

A trial before the Court shall comport with the requirements for conducting nonjury trials, and the

parties shall adhere to established trial procedure and the rules of evidence.

Rule 1915.30 Pre-trial Conference

The attorneys of record, or party if there is no attorney of record, shall be prepared to discuss the

following:

(a) Whether any agreement can be reached regarding custody, partial custody and visitation of

the child or children;

(b) The relative positions of the parties concerning custody, partial custody and visitation of the

minor child or children;

testimony;

(d) The expert witnesses each party intends to call to testify at the time of trial and their

anticipated testimony and any reports prepared by said witnesses;

(e) A list of exhibits that each party intends to introduce at the time of trial;

(f) An estimation of the length of time the trial is expected to take;

(g) Any special legal issues which any party believes are relevant to the determination of

custody, partial custody or visitation; and

(h) Whether an expedited trial is required due to the special circumstances of the case.

Rule 1915.31 Notice of Disposition by Court

The Prothonotary shall give notice to all counsel of record and to parties without counsel of record

of all final Court Orders entered.

Rule 1915.32 Appendix

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. The appendixes shall be substantially in the form provided on the Court’s website

www.co.berks.pa.us.

Rule 1915.33 Continuance Requests

Continuance requests for custody conferences before the Custody Conciliator shall be faxed,

mailed, e-mailed or personally delivered to the Custody Office in the form of a letter. The request shall

include the docket number, the names of the parties, the date of the conference, the reason for the

requested continuance, and an indication of whether or not the opposing party is in agreement with the

request. The Custody Office shall notify the requesting party whether or not the request has been granted.

DIVORCE

Rule 1920.3 Caption

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

filing.

Rule 1920.21 Bill of Particulars

No rule requiring a bill of particulars shall issue after the appointment of a Master except by

agreement of counsel or by leave of court for cause shown.

Rule 1920.22 Interim Counsel Fees and Discovery

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.

Rule 1920.31(a)(1) Filing Claims for Alimony Pendente Lite, Child Custody, Child Support

or Paternity

(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.

(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.

number as the divorce action. Such pleading shall contain the information required by Pa.R.C.P. No.

1915.15. 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.

(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.

Rule 1920.31(a)(2) Sanctions

(A) The court may after reasonable notice enter an appropriate order if a party fails to file a

timely income and expense statement and related papers required under Pa.R.C.P. 1920.31 or a sufficient

inventory and appraisement required under Pa.R.C.P. 1920.33 including:

(i) An order refusing to allow the noncomplying party to support or oppose designated

claims or defenses, or prohibiting such party from introducing into evidence designated documents,

testimony, or other evidence, or from introducing evidence contrary to the claim of the party obtaining the

order.

(ii) An order striking out pleadings, claims or parts thereof, or staying further

proceedings until the order is obeyed, or entering a judgment of non pros or by default against the

noncomplying party.

(iii) An order imposing punishment for contempt.

(iv) After reasonable notice to the noncomplying party, and application by the

complying party, an order directing the filing of the inventory and appraisement by a date certain.

(v) Such other order as it deems just under the circumstances.

(B) If, following the refusal, objection or failure of a party to comply with any provision of this

rule, the court, after opportunity for hearing, enters an order compelling compliance and the order is not

obeyed, the court, in a subsequent motion for sanctions, may, if the motion is granted, require the

noncomplying party or attorney advising such conduct or both of them to pay to the moving party the

reasonable expenses, including attorneys’ fees, incurred in obtaining the order of compliance and the

order for sanctions, unless the court finds that the opposition to the motion was substantially justified or

that other circumstances make an award of expenses unjust.

(i) If the motion for sanctions is denied, the court may, after opportunity for hearing,

require the moving party or the attorney advising the motion or both of them to pay the reasonable

expenses incurred in opposing the motion, including attorneys’ fees, unless the court finds that the

making of the motion was substantially justified or that other circumstances make an award of expenses

unjust.

(ii) If the motion for sanctions is granted in part and denied in part, the court may

apportion the reasonable expenses incurred in relation to the motion among the parties and persons.

faith, the court may impose on the party making the motion or application, the reasonable costs, including

attorneys’ fees, actually incurred by the opposing party by reason of such delay or bad faith. The court

may further order that a party upon whom such costs have been imposed may neither (1) take any further

steps in the suit without prior leave of court so long as such costs remain unpaid, nor (2) recover such

costs if ultimately successful in the action.

(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.

Rule 1920.31(b) Disposition of Alimony Pendente Lite, Child Support and Paternity Claims

(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.

(2) Upon filing with the Domestic Relations Section as provided in subsection (1), the alimony

pendente lite and/or child support claim shall proceed in accordance with the rules pertaining to Support

including B.R.C.P. 1910.19(1).

Rule 1920.32 Disposition of Child Custody, Partial Custody or Visitation Claim

(a) 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.

(b) Upon filing of a pleading under the Divorce Code containing a claim for child custody the

prothonotary shall deliver a copy of said pleading to the Custody Office.

custody.

Rule 1920.33(c) Sanction for Failure to File Inventory and Appraisement

See B.R.C.P. 1920.31(a)(2).

Rule 1920.42 Filing of Praecipe to Transmit Record

(a) 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). Written objections, if any, shall be filed and served on all counsel of record and on any

unrepresented party on or before the filing date.

(b) When the divorce decree is requested under Section 3301(d) of the Divorce Code, Pa.R.C.P.

1920.42(d) and 1920.72(d) shall be followed.

Order, in addition to any fees imposed by the Commonwealth, shall be paid upon the filing of the

praecipe to transmit the record.

(d) The party filing the praecipe to transmit the record shall also file a proposed divorce decree

and a certificate of addresses.

(e) Upon submission of a praecipe to transmit the record, the file will be reviewed for procedural

compliance. If procedural compliance had been achieved, a Divorce Decree will be entered in the

normal course. If procedural defects are found to exist, counsel and unrepresented parties will receive

a form indicating the defects found and sixty (60) days to correct the defects. If the defects are not

corrected within sixty (60) days, the file will be returned to the Prothonotary’s Office and a new

praecipe to transmit the record together with the administrative fee will be required to be filed.

Rule 1920.45 Request for Counseling

(a) 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.

(b) 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.

Rule 1920.46 Affidavit of Non-Military Service.

Appointment of Counsel for Defendant in Military Service

(a) 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.

(b) 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.

Rule 1920.51 Divorce Masters to be Appointed

A Divorce Master shall be appointed by the court to hear testimony and make a report and

recommendation as to divorce and annulment actions under the Divorce Code (except claims for divorce

under Section 3301(c) or Section 3301(d)(1)(i) of the Divorce Code), and as to related claims except

claims for child custody, child support or paternity.

Rule 1920.51.1 Divorce Masters

The court will maintain a list of Divorce Masters. The Divorce Masters shall be members of the

bar of this court, appointed to such position by the court.

Rule 1920.51.2 Appointment and Duties of Divorce Masters

The court shall appoint a Divorce Master to hear contested divorce and annulment actions and

ancillary claims. The Divorce Master shall hear testimony on all outstanding issues and shall file a report

and recommendation in compliance with Pa.R.C.P. 1920.53. and 1920.54.

Rule 1920.51.4 Motion and Order for Appointment of Divorce Master

(a) 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.

(b) In addition to the requirement for grounds for divorce to be established by the filing of the proper

3301 (c) or 3301 (d) documents prior to the appointment of a Divorce Master, the court may delay

the appointment of a Divorce Master if:

1. The filing party did not file their inventory pursuant to Pa.R.C.P. 1920.33(a) or the

motion for appointment was filed less than thirty (30) days following the filing of

their inventory.

2. The defendant has failed to appear in the action and the affidavit of non-military

service pursuant to Pa.R.C.P. 1920.46 was not filed.

3. A copy of the notice pursuant to B.R.C.P. 1920.51.4(c) is not attached to the motion

to appoint or the motion was filed less than twenty (20) days after the date of the

notice.

4. The motion does not indicate that discovery is complete for the claims for which the

Divorce Master is requested.

5. Either party has raised a claim for alimony, counsel fees, or costs and expenses and

the filing party failed to file their Income and Expense Statements as required by

Pa.R.C.P. 1910.27(c)(2)(B), copies of their pay stubs for the preceding six months

and copies of their most recent federal income tax return as required by Pa.R.C.P.

1920.31.

forth in the motion.

(d) At least twenty days prior to filing the motion for the appointment of a Divorce Master, the

moving party shall serve all counsel of record and any unrepresented party with a copy of said

motion and written notice of intention to file the motion. Written objections, if any, shall be filed

and served on all counsel of record and any unrepresented party prior to the filing date. A copy of

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

Rule 1920.51.5 Deposit of Costs to Accompany Motion for Appointment of Divorce Master

Upon filing a motion for the appointment of a Divorce Master, the moving party shall pay an

amount set by the President Judge through an Administrative Order. The Divorce Master has the

discretion to apportion the fee paid by the filing party in their report as appropriate by law.

Rule 1920.51.7 Review of Pleadings by Divorce Master

Before appointing the time and place of taking testimony, the Divorce Master shall examine the

pleadings and determine whether the court has jurisdiction and whether the matter is ready for hearing,

and if so shall schedule the hearing in accordance with B.R.C.P. 1920.51.8. If the matter is not ready for

hearing, the Divorce Master shall either report to the court or notify counsel and suspend further action

for a reasonable time to enable the necessary corrections to be made. Upon the expiration of said time

without such corrections having been made, the Divorce Master shall report this to the court, and seek

advice on how to proceed with the matter.

Rule 1920.53 Hearing by Divorce Master

(a) The Divorce Master shall have the same powers, in reference to hearing witnesses and

admitting testimony, as a judge sitting without a jury, subject to the direction of the court from time to

time, upon motion of either party. When objection is made to the competency or relevancy of testimony,

the Divorce Master shall rule upon its admissibility. The testimony before a Divorce Master shall be

recorded in the manner as from time to time approved by the court. The testimony shall be transcribed in

the event a party files timely exceptions to the report of the Divorce Master, as set forth in B.R.C.P.

1920.55-2.

(b) The Divorce Master shall give at least 20 days’ written notice of any hearing to all counsel of

record and at least 25 days’ written notice to any unrepresented party. Notice of the hearing shall be

given in accordance with Pa.R.C.P. 1920.51.

(c)(i) If, at least 10 days prior to the date for hearing, a party gives all other parties written notice

of intention to offer documentary evidence, including a written report, bill, statement, estimate of value,

worth or cost, or report of any appraiser, medical, valuation or other expert witness, or official or certified

record of any governmental or judicial body, the same may be admitted into evidence without further

proof; provided, however, any other party may, at least 2 days prior to the date for hearing, object to the

admission of such documentary evidence without further proof, whereupon the document may be

admitted only in compliance with the rules of evidence. Costs of subpoena and production of

documentary evidence may be assessed against any party or partly on each.

(ii) If the documentary evidence objected to is substantiated at the time of hearing and if it

appears that the objection to the admission of said evidence was made in bad faith, the cost of producing

the witness may be assessed against the party compelling the witness’ production.

Rule 1020.53.1 Divorce Master’s Compensation

Divorce Masters shall be compensated as determined from time to time by the Court.

Rule 1920.53.2 Preparation of Divorce Master’s Report

(a) After completion of the hearing or hearings, the Divorce Master shall prepare a report and

recommendation in accordance with either Pa.R.C.P. 1920.53 or 1920.54 as applicable. The Divorce

Master shall make specific findings of fact. The papers shall be submitted in the following order from top

to bottom:

(1) Decree Recommended

(2) Index

(3) Divorce Master’s Report

(4) Copy of Docket Entries

(5) Consents and other relevant papers in chronological order according to filing date

with the most current on top (including non-military affidavit where required).

(b) The report shall be filed no later than thirty (30) days following the date of the final hearing

in accordance with Pa.R.C.P. 1931 unless a motion to extend time for decision to sixty (60) days has been

granted by the assigned Judge.

above, a statement shall be filed with the court setting forth the reason therefor.

Rule 1920.55-2 Exceptions to Divorce Master’s Report

(a) If exceptions are filed to the report of a Divorce Master, the excepting party shall within ten

(10) days arrange for the transcribing of the testimony for filing with the court and pay to the

stenographer within said time the estimated cost thereof, unless the court on motion shall grant an

extension for cause shown. The completed transcript shall be filed within thirty (30) days of the filing of

the exceptions unless the court on motion shall grant an extension for cause shown.

(b) Absent good cause shown, failure of the excepting party to act promptly in accordance with

(a) above to pay the cost and secure the transcript shall result in the dismissal of said exceptions by the

court upon motion.

Rule 1920.74 Form of Motion for Appointment of Divorce Master

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.

Rule 1920.93 Parties Continuing to Reside Together

If the record dictates that the plaintiff and defendant are residing together, the court may conduct

a hearing and issue such order or decree as it deems appropriate under the circumstances.

Rule 1920.94 Bifurcation

(a) By agreement of the parties or upon petition of either party for cause show, the court may

permit bifurcation, therefore separating the divorce and economic claims. Upon separation of the claims

the divorce decree may be entered upon compliance with divorce procedures even though economic

claims may still be outstanding. For purposes of this rule, bifurcation means decreeing a divorce when

economic claims are outstanding.

(b) Where bifurcation is allowed, the decree shall be indexed in the judgment docket to give

notice of the divorced spouses’ equitable interest in the property of the other.

manner set forth in Pa.R.C.P. 1920.76.

(d) Bifurcation shall have no effect on any order for support or alimony pendente lite. Such

order shall continue until final disposition of all outstanding claims unless modified or terminated by the

court for cause shown.

Rule 1920.95 Stay of Proceedings

Except as provided in Pa.R.C.P. 1531, no stay of proceedings shall be granted by the court unless

for cause shown and upon notice to all counsel of record as well as any unrepresented party with an

opportunity to be heard.

Rule 1930.1 Form of Pleadings. Form of Caption

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.

Rule 1930.5 Designating a Support Case as Complex

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. Thereafter, the

DRS shall schedule a hearing before the hearing officer after the date on which all discovery is to be

completed.

VOLUNTARY MEDIATION IN CUSTODY ACTIONS

Rule 1940.1 Applicability of Rules to Mediation

(a) The rules in this chapter shall apply to all court-established custody mediation programs and

to any court-ordered mediation of individual custody cases and such other family law matters as the

parties may agree.

(b) Except as otherwise provided by these local rules, the court shall apply the mediation rules as

set forth in Pa. R.C.P. 1940.1 et seq.

Rule 1940.3 Order for Orientation Session and Mediation. Selection of Mediator

(a) Except as provided in (b), the court may order the parties to attend an orientation session at

any time upon motion by a party, stipulation of the parties, or the court’s own initiative.

(b) The court may not order an orientation session if a party or a child of either party is or has

been the subject of domestic violence or child abuse from the other party or person affiliated with the

other party either during the pendency of the action or within 24 months preceding the filing of the action.

mediation. The mediation may address any issues agreed to by the parties unless limited by court order.

Rule 1940.4 Minimum Qualifications of the Mediator

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.

Rule 1940.10 Confidentiality of Mediation Subsequent to Initial Orientation Session

42 Pa. C.S.A §5949 shall govern confidentiality in admissibility issues.

ACTIONS FOR WRONGFUL DEATH

Rule 2205 Notice to Persons Entitled to Damages

(a) 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:

To ________________________ , ________________________

You are hereby notified that _______________________ , as plaintiff instituted action

against _______________________ , as defendant in the Court of Common Pleas of Berks County,

Pennsylvania, to No. to recover damages for the wrongful death of

_________________________________ deceased, who died on ______________________.

(signed) ________________________________

Attorney for Plaintiff

(b) The notice required by subsection (a) of this Rule shall be given by certified mail as

documented by a proof of service by a verified statement, as verified is defined in Pa.R.C.P. 76, filed with

the prothonotary.

JOINDER OF PARTIES

Rule 2232(a) Form of Notice

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:

To __________________________, ________________________.

You are hereby notified that ________________________ as plaintiff instituted action against

___________________________________, as defendant in the Court of Common Pleas of Berks

County, Pennsylvania, to No. ________________________, to recover damages sustained by

__________________________, on _______________________(date). You are hereby notified that

unless you join as party plaintiff in such action within thirty (30) days from the date of the mailing of this

notice, you will be forever barred from claiming any damages from the defendant by reason of the injury

to _________________.

(signed) _________________________________

Attorney for Defendant

Rule 2253 Late Joinder of Additional Defendant

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.

CONFESSION OF JUDGMENT

Rule 2951(a) Filing of Document

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.

Rule 2951(d); 2952(h) Leave of Court Required for Entry of Judgment

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.

Proof of service shall be filed prior to the entry of judgment. Thereafter, the proceedings of the

application shall be according to the Rules pertaining to petitions.

ENFORCEMENT OF JUDGMENTS

Rule 3121 Application for Stay of Execution

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

Reasonable notice of the time and place of an intended application for an order to stay an execution shall

be given to the plaintiff's counsel of record or to the plaintiff without counsel.

Rule 3123 Notice by Sheriff of Appraisement

In the event that a defendant claims a statutory exemption, if the defendant's claim is received by the

sheriff in sufficient time to do so, the sheriff shall give the record parties at least two (2) days written

notice of the time and place of making the appraisement of the property out of which the exemption is

claimed. In all cases, the parties and their attorneys shall have the right to be present when any

appraisement and designation is made.

Rule 3130 Sale of Over-the-Counter Securities

If the sheriff elects to sell securities and negotiable documents of title not listed on any recognized

stock or commodities exchange but regularly traded over the counter by brokers authorized to deal therein

through a broker as provided in Pa R.C.P. 3130, the sheriff shall give one (1) week's written notice by

mail to the defendant at such address as may be available to the sheriff. 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.

Rule 3136 Filing of Claims. Schedule of Distribution

Municipal and tax claims and the amounts claimed by the respective lien holders who are claimants to

the fund realized from the real estate sold by the sheriff shall be filed by the respective claimants with the

sheriff within ten (10) days after the sale. Notice with a copy of the proposed schedule of distribution

shall be given by the sheriff by mail of the filing of said proposed schedule within forty-eight (48) hours

after the filing of the schedule of distribution provided for by Pa.R.C.P. 3136 to counsel or parties without

counsel who have notified the sheriff they claim an interest in the proceeds of any real estate sold by the

sheriff.

Rule 3143 Dissolution

Before the dissolution of any attachment is effective as between the defendants and the garnishee, the

defendant must serve on the garnishee a copy of the dissolution certified to by the prothonotary in the

same manner as provided for the service of a copy of the writ of execution under Pa. R.C.P 3140, and file

with the prothonotary proof of said service.

DEPOSITIONS AND DISCOVERY

Rule 4001 Discovery Applications/Discovery Master

Legal issues relating to discovery applications and protective orders shall not be scheduled

for regular argument court or be subject to the briefing schedule provided for in B.R.C.P. 211.2,

unless the court specifically so orders. In order to facilitate the prompt disposition of discovery

matters, discovery disputes may be referred by order of the assigned judge to be processed before

a Master as part of the “Discovery Master Program” and shall follow the following procedure:

(a) The Board of Judges shall appoint members of the Bar who shall have

practiced civil law in Berks County for a minimum of 10 years to serve as Discovery

Masters, for an indeterminate term, without compensation, at the pleasure of the Court.

(b) 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. The Prothonotary will forward the discovery application to the assigned

judge, who will promptly enter an order scheduling a hearing on the discovery

application before a Discovery Master on the next scheduled Discovery Master hearing

date (which shall be a Friday) that is at least fourteen (14) days after the date the

discovery application was filed. If the Friday of the week in which the discovery

application would otherwise be heard is a court holiday, it shall be scheduled for a

hearing on the next Friday that is not a court holiday. The moving party shall promptly

serve the respondent with a copy of the motion, proposed order, and argument brief, if

any, filed in support of the application. 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.

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. If no opposition is timely filed, the

discovery application shall be deemed to be unopposed, the moving party shall be

excused from appearing at the scheduled hearing, and the Discovery master shall submit

a written recommendation and proposed order granting the requested relief to the

assigned judge for entry of an appropriate order.

(d) 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. If an opposition is timely filed, the

parties shall appear in the designated courtroom or hearing room on the date and time for

the scheduled hearing to provide evidence and argue the matter before the assigned

Discovery Master. If not previously filed, argument briefs in support of or in opposition

to the discovery application may be filed no later than four (4) days prior to the scheduled

Discovery Master hearing date.

(e) 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.

(f) Any party may file an application under this rule to have the case

scheduled to a Discovery Management Conference before a Discovery Master. The

Discovery Master may recommend a Discovery Management Order, which establishes

the following:

(1) A date for completion of all discovery, except for

depositions for use at trial;

(2) A date for plaintiff to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories; and

(3) A date for defendant to submit expert reports and curricula

vitae of said experts, or answer expert interrogatories.

(g) The parties may, by agreement in writing, extend any dates set forth in the

Discovery Management Order.

(h) Upon request of any party, for good cause shown, the Discovery Master

may recommend an extension of any dates set forth in the Discovery Management Order.

Rule 4004 Written Depositions

(a) When a written deposition is used at a trial in lieu of the personal appearance of the

witness, other than that of a party who is present at trial, the cost incurred in taking such written

deposition shall be allowed as a proper taxable cost.

(b) Counsel fees and the fees of expert witnesses shall not be considered as or included in the

cost of a written deposition.

Rule 4005 Written Interrogatories

(a) No party serving written interrogatories pursuant to the applicable Pennsylvania Rules of

Civil Procedure shall serve upon any other party, as of right, more than fifty (50) interrogatories

including interrogatories subsidiary to, or incidental to, or dependent upon, other interrogatories

however the same may be grouped or combined, but the interrogatories may be served in two (2)

or more sets, as long as the total number of interrogatories served does not exceed fifty (50).

Each interrogatory of whatever nature shall be numbered consecutively.

(b) The party interrogated may agree to service of additional interrogatories in excess of

fifty (50) by written stipulation, filed of record. 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. The specific additional interrogatories shall be set forth verbatim and

attached to said motion.

Rule 4007.1 Costs and Notice of Oral Deposition

(a) Unless otherwise ordered by the court, reasonable notice for the purposes of Pa.R.C.P.

4007.1(a) shall be deemed to be not less than twenty (20) days.

(b) When an oral deposition is used at trial in lieu of the personal appearance of the witness,

other than that of a party who is present at trial, the costs incurred in taking such oral deposition

shall be allowed as proper taxable costs.

the costs of an oral deposition.

Rule 4008 Taking of Deposition Outside of Berks County

The taking by a party of a deposition of any resident of or person otherwise available to be

deposed in Berks County, at any location outside of Berks County, shall be deemed to cause

unreasonable burden and expense to every other party and the deposition shall not be taken

outside of Berks County unless the party taking the deposition shall first obtain leave of court

upon due cause shown why the deposition should be taken outside Berks County, or unless all

other parties shall have consented to the taking of the deposition at a place outside Berks County.

Rule 4009.1 Location for Production of Documents and Things and Inspection

Unless otherwise ordered by the court, a place, in order to be deemed reasonable, shall be

located within Berks County.

Rule 4012 Application for Protective Orders and/or Sanction Orders

Pertaining to Oral Depositions

Applications for protective orders pertaining to oral depositions pursuant to Pa. R.C.P.

4012(b), or applications for sanction orders pertaining to oral depositions under Pa. R.C.P.

4019(b) may be made without adjournment of the deposition by application to the judge assigned

to the case or in his or her absence, to the emergency motions judge. Oral arguments shall be

presented by the parties desiring to be heard, without the filing of briefs. The judge shall rule

upon the application after such oral argument, and the ruling of the court shall be transcribed as

part of the record of the deposition.

Rule 4014 Redaction of Confidential Information

Unless otherwise ordered by the Court, court reporters and transcriptionists shall redact

confidential information as defined by the Public Access Policy of the Unified Judicial System of

Pennsylvania: Case Records of Appellate and Trial Courts from transcripts and orders.

Rule 4017.1 Costs of Videotape Deposition

(a) The costs of a videotape deposition shall not be taxable as costs unless the taxation thereof

has been approved by the court.

(b) The costs of videotaping a deposition, to the extent approved by the court, shall be

allowed as proper taxable costs.

the costs of a videotaped deposition.

Rule 4020 Use of Deposition at Trial

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.

Provenance

Source: www.berkspa.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: eb232ec29650a9caf122f409bcf35c79300771e01e49a01aa059dc7beea1e232

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