CHAPTER 495a. DOCUMENTARY FILINGS

Sec.


495a.1.    Form of documentary filings generally.
495a.2.    Form of documents.
495a.3.    Single pleading covering more than one matter.
495a.4.    Execution of documents.
495a.5.    Verification.
495a.6.    Number of copies.

Authority

   The provisions of this Chapter 495a issued under 4 Pa.C.S. § §  1202(b)(30) and 1205, unless otherwise noted.

Source

   The provisions of this Chapter 495a adopted October 26, 2007, effective October 27, 2007, 37 Pa.B. 5774, unless otherwise noted.

Cross References

   This chapter cited in 58 Pa. Code §  491a.4 (relating to filing generally); and 58 Pa. Code §  493a.4 (relating to petitions generally).

§ 495a.1. Form of documentary filings generally.

 (a)  Pleadings or other documents must be divided into numbered paragraphs.

 (b)  Copies of contracts, agreements, permits or other writings referred to in pleadings or other documents may be attached as exhibits. Copies of writings or orders already of record with the Board in the proceeding need not be attached.

 (c)  Pleadings or other documents filed with the Clerk in a proceeding must clearly designate the docket number if one has been assigned, and a short title identifying the pleading or document. The identity of the individual making the submission, including name, mailing address, status (for example, party or attorney for a party) and Board issued credential number of the person subject to the pleading, if applicable, must appear on the document.

 (d)  Pleadings or other documents must include an address, fax number or e-mail address where papers may be served in connection with the proceedings.

 (e)  Notation of counsel’s current Supreme Court identification number issued by the Court Administrator of Pennsylvania constitutes proof of the right to practice in this Commonwealth.

 (f)  Subsections (a)—(c) supersede 1 Pa. Code § §  31.5 and 33.3 (relating to communications and filings generally; and incorporation by reference).

Authority

   The provisions of this §  495a.1 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  495a.1 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (344565).

§ 495a.2. Form of documents.

 (a)  The Board may establish the paper, printing and binding requirements for pleadings filed with the Clerk. If the Board establishes paper, printing and binding requirements, the requirements will be printed in the Pennsylvania Bulletin and posted on the Board’s web site.

 (b)  Subsection (a) supersedes 1 Pa. Code §  33.2 (relating to form).

Authority

   The provisions of this §  495a.2 amended under 4 Pa.C.S. § §  1202(b)(30) and 1207(2) and (9).

Source

   The provisions of this §  495a.2 amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (344565).

§ 495a.3. Single pleading covering more than one matter.

 (a)  Except as otherwise provided under this chapter (relating to formal proceedings), a single pleading may be accepted for filing with respect to a particular transaction and one or more related transactions and shall be deemed to be a single filing for purposes of the computation of fees under Chapter 471a (relating to schedule of fees payable to the Board).

 (b)  If, upon review, the Board determines that the transactions are not closely related or otherwise properly joined, the Board will direct that the single pleading be refiled as two or more separate pleadings. Each pleading will be subject to a separate filing fee.

 (c)  Subsection (a) supersedes 1 Pa. Code §  33.4 (relating to single pleading or submittal covering more than one matter).

§ 495a.4. Execution of documents.

 (a)  Signature. Except as may be otherwise ordered or requested by the Board, the original and all copies of a pleading, or other documents shall be signed in ink by the party in interest, or by his attorney, as required by subsection (b), and show the office and post office address of the party or attorney.

 (b)  Subscription.

   (1)  A pleading or other document filed with the Board shall be subscribed by one of the following:

     (i)   The persons filing the documents.

     (ii)   An officer if it is a corporation, trust, association or other organized group.

     (iii)   An officer or authorized employee thereof if it is another agency, a political subdivision, or other governmental authority, agency or instrumentality.

     (iv)   An attorney authorized to subscribe on behalf of the client.

   (2)  A document filed by a corporation, trust, association or other organized group, may be required to be supplemented by appropriate evidence of the authority of the officer or attorney subscribing the documents.

 (c)  Effect.

   (1)  The signature of the person subscribing a document filed with the Board constitutes a certificate by the individual that:

     (i)   The person has read the document being subscribed and filed, and knows the contents thereof.

     (ii)   The document has been subscribed and executed in the capacity specified upon the document with full power and authority to do so, if executed in a representative capacity.

     (iii)   The document is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, to the best of the person’s knowledge, information and belief formed after reasonable inquiry.

     (iv)   The document is not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

   (2)  If a document is signed in violation of this subsection, the Board, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include striking the document, dismissal of the proceeding or the imposition of civil penalties under 4 Pa.C.S. §  1518 (relating to prohibited acts; penalties).

 (d)  Supersession. Subsections (a)—(c) supersede 1 Pa. Code §  33.11 (relating to execution).

§ 495a.5. Verification.

 (a)  Pleadings or other documents containing an averment of fact not appearing of record in the action or containing a denial of fact shall be personally verified by a party thereto or by an authorized officer of the party if a corporation or association. Verification means a signed, written statement of fact supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities). If verification is required, notarization is not necessary.

 (b)  The verification form should comply substantially with the following:

VERIFICATION

 I,


, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief). I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 Date:


 (Signature)

 (c)  When an affidavit is used, the form should comply substantially with the following:

AFFIDAVIT

 I,


(Affiant) being duly sworn (affirmed) according to law, depose and say that (I am authorized to make this affidavit on behalf of
corporation, being the holder of the office of
with that corporation,) and that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief).

 



 (Signature of affiant)

 Sworn and subscribed before me this


day of
, 20
.

 



 (Signature of official administering oath)

 (d)  An individual who executes a pleading or other document knowing that it contains a false statement and who causes it to be filed with the Board shall be subject to prosecution of a misdemeanor of the second degree in violation of 18 Pa.C.S. §  4904(a).

 (e)  Subsections (a)—(d) supersede 1 Pa. Code §  33.12 (relating to verification).

§ 495a.6. Number of copies.

 (a)  An original copy of pleadings or documents other than correspondence shall be furnished to the Clerk at the time of filing, except as may be otherwise ordered or requested by the Board or the presiding officer.

 (b)  Pleadings and documents filed electronically, in accordance with §  497a.1(a)(4) (relating to date of filing), will be considered the original for purposes of this section. If filed electronically with the Clerk at boardclerk@pa.gov, a paper submission is not required.

 (c)  Subsection (a) supersedes 1 Pa. Code §  33.15 (relating to number of copies).

Authority

   The provisions of this §  465a.6 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  495a.6 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (344568).



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