Rule 1901.2 - Termination of Inactive Civil Cases Before District Justices(a) The docket of civil actions at law filed in the office of a magisterial district judge of Berks County shall be examined by March 1 of each year by the respective magisterial district judge having custody of such docket; and with respect to those actions that have not been reduced to judgment or final order and for which there is no activity reflected on the docket within two (2) years prior to March 1 of the year of examination, the respective magisterial district judge shall, by the succeeding May 1, notify in writing counsel of record and parties without counsel, at his/her last known address by first class mail, that if no appropriate legal steps are taken to bring the matter to conclusion, or no written objections to termination setting forth the reasons therefor are filed within sixty (60) days after the mailing of such notice, the action will be automatically terminated as of course and without further notice, and thereafter no proceedings may be had on such matters. The prospective magisterial district judge shall note on the docket the dates and the names and addresses of persons given such notice by mail. (b) If no appropriate legal steps are taken for bringing such action to conclusion, or no written objection to termination setting forth the reasons therefor are filed prior to sixty (60) days after the mailing of such notice, the respective magisterial district judge shall make an entry on the respective docket, "Action is terminated with prejudice under Pa. R.J.A. 1901."(c) If written objections to termination are filed under this Rule, such written objections shall be considered as being the nature of a rule issued as of course against all opposing parties to show case why the action should not remain active. Upon the filing of such written objections, the respective magisterial district judge shall schedule the matter for hearing, to be held not less than forty-five (45) days nor more than sixty (60) days after such filing, shall give at least forty-five (45) days written notice thereof, along with a copy of said written objections, by regular mail to counsel of record and parties without counsel, and shall note on the docket the date of filing such objections, and the date, names and addresses of persons given notice and copy of objections by mail. Upon hearing held, the magisterial district judge shall determine whether or not the objections are well founded, and shall enter on the respective docket that the action remain open for a period of time determined by the district justice in his discretion, but not to exceed one (1) year or that the "Action is terminated with prejudice under Pa. R.J.A. 1901." (d) If the magisterial district judge is unable to give notice under subsections (a) or (c) hereof, along with copy of objections if applicable, in that the same has been mailed and returned undelivered, the magisterial district judge shall, not less than forty-five (45) days nor more than sixty (60) days after deposit of the same in the United States mail, certify the caption and docket number of such action to the court administrator of Berks County setting forth that notice could not be given with respect to proceedings for termination of an action or that a copy of objections could not be served and notice of hearing hereon could not be given, or combination thereof as the case may be. Publication of notice thereof, which may be a consolidated publication referring to one or more actions before one or more magisterial district judges, shall thereupon be made by the court administrator at the expense of the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of general circulation within the county stating the caption of the action, docket number, and name and office address of the respective magisterial district judge. If the notice also pertains to objections filed, it shall state, in addition to caption of the action and document number, that objections were filed and a hearing will be held thereon before the respective magisterial district judge at his/her designated office at a given time. Proof of publication thereof shall be filed with the respective magisterial district judge, who shall thereafter proceed in the same manner as when notice was given by mail, except that any action terminated shall be without prejudice, in which event the respective magisterial district judge shall make an entry on the respective docket, "Action terminated under Pa. R.J.A. 1901," and thereafter no proceedings may be had on such matter except by order of the Berks County Court of Common Pleas upon application and proper cause shown.(e) If an action is terminated with prejudice in the manner hereinbefore provided, an objecting party shall have the right to appeal to the Berks County Court of Common Pleas within the same time and in the same manner as appeal is taken from a judgment entered in an action at law by a magisterial district judge. (f) Termination of any action pursuant to this Rule shall have no effect upon the liability of the parties for payment of costs.Amended effective 2/12/2018; amended effective 5/6/2024.