Berk. Cnty. Pa. 206.4(c)

As amended through May 6, 2024

Rule 206.4(c) - Discretionary Issuance of Rule To Show Cause

(1) This rule applies to:

(a) an application to open a default judgment or a judgment of non pros; and

(b) all applications designated by B.R.C.P. 206.1(a) as being governed by Pa.R.C.P. 206.1et seq.

(2) A proposed rule to show cause order in substantially the form set forth in paragraph (5) below shall be attached to all applications governed by this rule.

(3) All other parties shall be given notice of the request to the Court to issue the rule by appropriate service of the application and proposed rule to show cause order by first class mail.

(4) If the application is properly pleaded and sets forth prima facie grounds for relief, the Court shall, except as set forth in subparagraphs (a) and (b) hereafter, enter an Order issuing a rule to show cause.

(a) If the application is properly pleaded and appears to set forth clear grounds for relief, the Court may enter an Order granting the requested relief. If an Order is entered without a rule to show cause being issued, the Court shall hear argument on an application by any party for reconsideration of such Order.

(b) If the application is not properly pleaded or if the application does not set forth prima facie grounds for relief, the Court may deny the application.

(5) The proposed rule to show cause Order referred to in paragraph (2) above shall be in substantially the following form:

O R D E R

AND NOW, this _______ day of _______, _____, upon consideration of the foregoing petition, it is here by 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) the petition shall be decided under Pa.R.C.P. 206.7.

(4)() depositions shall be completed within __ days of this date; or

(4)( ) an evidentiary hearing on disputed issues of material fact shall be held on ___________ at ____ before the undersigned Judge in the Berks County Courthouse/Services Center.

(5)() argument shall be held on __________ at ____ before the undersigned Judge in the Berks County Courthouse/Services Center.

(6) notice of the entry of this Order shall be provided to all parties by the petitioner.

BY THE COURT:

_________________________ J.

Berk. Cnty. Pa. 206.4(c)

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.