Rule 1901 - Termination of Inactive cases(a) This Local Rule shall apply to all civil and family cases regardless of the nature or extent of the relief sought.(b) The Prothonotary may initiate proceedings to terminate a case in which there has been no activity of record for two years or more by serving a notice of proposed dismissal of court case.(c) The Prothonotary shall serve the notice on counsel of record and on the parties if not represented, at least sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to 205.4(g). If the mailed notice is returned, the notice shall be served by advertising it in the Reading Eagle newspaper. (d) The notice required by subdivision (c) shall be in substantially the following form: (Caption)
Notice of Proposed Termination of Court Case
The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with Prothonotary of the Court at Berks County Prothonotary, 2nd Floor Courthouse, 633 Court Street, Reading, PA 19601 on or before _________.
IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED.
| BY THE COURT: |
______________________ Date of this Notice | ______________________ Prothonotary |
(e) The Statement of Intention to Proceed shall be in the following form: (Caption)
Statement of Intention to Proceed
TO THE COURT:
_____________________________________ intends to proceed with the above captioned matter. Date: _____________ Attorney for ______________________________
(f) If no statement of intention to proceed has been filed in the required time period, the Prothonotary shall mark the matter as terminated with prejudice for failure to prosecute.(g) If an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action. All matters so terminated may not be reinstated except with leave of Court, for cause shown.(h) Following the filing of a Statement of Intention to Proceed, the Court shall schedule a hearing in the subject case to show cause why the case should not be terminated for inactivity.Amended effective 2/12/2018; amended effective 5/6/2024.