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filing and presentation of emergency petitions have been adapted from our local civil rules. See Rules 3.5A & B. Filing an answer or preliminary objections to a petition obligates the respondent to attach an order for the scheduling of a status conference, hearing or argument. See Rules 3.6A and 3.9A. In Chapter V, Specific Types of Petitions, the rules regarding petitions to approve the sale of real property have been enhanced with some new additions and some borrowings from the civil rules. See Rules 5.10A through 5.10E and 5.11A through 5.11C. A brand new rule that has no counterpart in the Pa. O.C. Rules is Rule 5.16A, Assisted Conception Birth Registration. This rule sets forth the required contents of a petition seeking to name a child’s intended parents on the birth certificate of a child born to a surrogate mother. Per the state rules, matters regarding discovery shall conform to the practice of the local Civil Division. Berks County has a fairly new civil rule, B.R.C.P. 4001, that provides for discovery disputes to go to a master. B.C.O.C.R. 7.1A overrides that rule. Rule 7.1B directs that subpoenas for O.C. matters shall be obtained from the Register of Wills/Clerk of the Orphans’ Court, not another row office. Rules pertaining to motions for judgment on the pleadings and for summary judgment were added and adapted from B.R.C.P. 1034(a) and 1035.2(a). See Rules 7.2A & 7.3A. These
rules govern the timing for answers and briefs, argument scheduling, and the need to provide proposed orders and proof of service. Motions practice generally is governed by Rule 7.5A unless overridden by a specific rule. There is no state counterpart to this rule. Be careful with your professional relationships and referrals when doing guardianship work. New rule 14.2A prohibits a person filing a guardianship petition and any person alleged to have been acting against the best interests of an alleged incapacitated person from attempting to obtain counsel for the alleged incapacitated person. For those petitioners lacking the evidence to support their belief a person is incapacitated, Rule 14.2B requires that requests for a court-ordered evaluation name a proposed evaluator. If at the time of hearing incapacity is not contested, expert testimony may be provided by way of answers to written interrogatories rather than live testimony. See Rule 14.2C. Rules 14.2D and 14.2E require prompt filing of Mental Health Commitment and Guardian Acknowledgment forms that have been in use for years without a formal rule. Although Chapter XV, regarding petitions for the termination of parental rights and adoptions, has not been part Continued on page 24
We are a full service real estate company representing clients in Berks and Lancaster County. If you are planning to buy or sell your home, please consider Weikel Realty Group.
Chris J. Weikel
Megan Weikel
Stephanie Young
Jennifer Dubble
Broker/REALTOR® (610) 914-3199
REALTOR® (717) 779-3817
REALTOR® (610) 507-3900
REALTOR® (484) 955-6116
12A South Fifth Avenue • West Reading, PA 19611 • (610) 816-7404
www.WeikelRealtyGroup.com
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