Rule 3.5B - Emergency Petition(a) Notwithstanding the procedure set forth in Pa. O.C. 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.Amended effective 7/20/2016; revised effective 1/12/2024.