Berks Cnty. C.P. Orphans Rules Rule 3.5B

(a) Notwithstanding the procedure set forth in Pa. O.C. Rule 3.5, a petition for emergency relief

may be filed whenever it would be advisable for the court to grant relief on an emergency basis

so as to prevent irreversible harm. A proposed order for relief and a rule to show cause in

substantially the following form shall be attached to the petition.

(CAPTION)

RULE TO SHOW CAUSE

AND NOW, ________, 20___, upon consideration of the foregoing petition, it is ordered

that:

(1) a Rule is issued upon the respondent to show cause why the petitioner is not entitled to the

relief requested;

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

( )(3) an evidentiary hearing on disputed issues of material fact shall be held on

_____________ at _____ a.m./p.m. before the undersigned Judge in Courtroom ____ of the

Berks County Courthouse/Berks County Services Center.

BY THE COURT:

______________________

J.

Distribution: Clerk of the Orphans’ Court (1); petitioner (1); respondent(s) by name (1 each)

(b) All petitions, motions, or applications necessitating personal presentation to the court shall be

first presented to the Clerk for filing then made in the courtroom of the judge assigned to the case

at a time prearranged with the judge and failing such prearrangement at either 9:30 A.M. or 1:30

P.M. on a day he or she is scheduled to sit. If the petition, motion, or application is of such a

nature that interested parties have a right to be heard, the moving party shall give each interested

party at least forty-eight (48) hours’ notice of the time when the moving party will appear and

present such petition, motion, or application, unless the emergency nature of the matter prevents

such notice. In the latter situation, the moving party shall give as much notice as is reasonably

possible.

(c) All petitions, motions, or applications in cases which have not yet been assigned to a judge

shall be filed with the Clerk, who shall promptly assign a judge to the case.

(d) All petitions, motions, or applications which require immediate action to prevent irreversible

harm in cases where the assigned judge is unavailable or in cases where no judge has been

assigned to the case and the Clerk fails to assign a judge to the case in sufficient time to allow

presentation to such judge shall be presented to the emergency motions judge in his or her

courtroom at 9:30 A.M. or at 1:30 P.M. or at a time prearranged with that judge.