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Pennsylvania Code



Subchapter D. DOCUMENTARY FILINGS


Sec.


1001.31.    Requirements for documentary filings.
1001.32.    Filing specifications.
1001.33.    Incorporation by reference.
1001.34.    Single pleading or submittal covering more than one matter.
1001.35.    Execution.
1001.36.    Verification and affidavit.
1001.37.    Number of copies to be filed.
1001.38.    Rejection of filings.

Cross References

   This subchapter cited in 52 Pa. Code §  1001.61 (relating to penalties); and 52 Pa. Code §  1005.149 (relating to copies and form of documentary evidence).

§ 1001.31. Requirements for documentary filings.

 (a)  Form. Pleadings must be divided into consecutively numbered paragraphs. Each paragraph must contain as far as practicable only one material allegation.

 (b)  Specificity. The material facts on which a pleading is based shall be stated in a concise and summary form. Averments of time, place and items of special damage shall be specifically stated.

 (c)  Certain averments. Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge and other conditions of mind may be averred generally.

 (d)  Relief requested. Any pleading demanding relief must specify the relief sought. Relief in the alternative or of several different types may be demanded.

 (e)  Attachments. Copies of documents relied upon in the pleadings shall be identified and attached. Copies of reported court decisions, writings or orders already of record with the Authority need not be attached to the pleading if reference by docket number is made to the proceeding in which they were filed in accordance with §  1001.33 (referring to incorporation by reference).

 (f)  Identifying information. Documents filed with the Authority in a proceeding must clearly contain the following information:

   (1)  The docket number or similar identifying symbols, if any.

   (2)  The title or caption of the proceeding before the Authority.

   (3)  Within the title of the document, the name of the person on whose behalf the filing is made. If more than one person is involved, only a single name is necessary.

   (4)  The unique identification number assigned to the Authority rights at issue in the pleading and the number assigned to any other Authority rights owned or issued to the filing party, or both, if any.

 (g)  Caption. Every pleading must contain a caption setting forth the ‘‘Philadelphia Parking Authority,’’ the number of the action and the name of the pleading. The caption of an initial pleading must set forth the names of all the parties, but in subsequent pleadings it is sufficient to state the name of the first party on each side in the complaint with an appropriate indication of other parties. The caption must be substantially similar to the following:

BEFORE THE
PHILADELPHIA PARKING AUTHORITY

 Complainant

:
  Complainant,

:
:
    v.

:   Docket No.
:
Respondent

:
  Respondent.

:

COMPLAINT

 (h)  Supersession. Subsections (a)—(g) supersede 1 Pa. Code §  33.1 (relating to title).

Cross References

   This section cited in 52 Pa. Code §  1005.21 (relating to petitions generally); and 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response).

§ 1001.32. Filing specifications.

 (a)  A filing made with the Authority must be:

   (1)  Typewritten. Pleadings, submittals or other documents filed in proceedings, if not printed, must be typewritten on paper cut or folded to letter size, 8 to 8 1/2 inches wide by 10 1/2 to 11 inches long, with left-hand margin at least 1 inch wide and other margins at least 1 inch. The impression must be on only one side of the paper, unless there are more than four pages, and be double spaced, except that quotations in excess of a few lines must be single spaced and indented. Reproduced copies will be accepted as typewritten, if copies are clearly legible.

   (2)  Printed. Printed documents must be at least 12-point type on unglazed paper, cut or folded so as not to exceed 8 1/2 inches wide by 11 inches long, with inside margin at least 1 inch wide, and with double-leaded text and single-leaded, indented quotations.

   (3)  Bound. Pleadings, submittals and other documents, other than correspondence, must be stapled, fastened or otherwise bound at the left side only.

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

Cross References

   This section cited in 52 Pa. Code §  1005.21 (relating to petitions generally); and 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response).

§ 1001.33. Incorporation by reference.

 (a)  Documents on file with the Authority may be incorporated by reference into a subsequent pleading, submittal or other document. A document may be so incorporated only by reference to the specific document and to the prior filing and docket number at which it was filed.

 (b)  Documents on file with the Authority for more than 5 years may not be incorporated by reference in a current document unless the person filing the current document first ascertains that the earlier document continues to be readily available in the active records of the Authority.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  33.3 (relating to incorporation by reference).

Cross References

   This section cited in 52 Pa. Code §  1001.31 (relating to requirements for documentary filings); and 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response).

§ 1001.34. Single pleading or submittal covering more than one matter.

 (a)  Except as otherwise provided under this chapter and Chapter 1005 (relating to formal proceedings), a single pleading may be accepted for filing with respect to a particular matter and one or more directly related matters and will be deemed to be a single filing for purposes of the computation of fees as provided in §  1001.43 (relating to Authority fee schedule).

 (b)  If, upon review, the Authority determines that the matters are not closely related or otherwise properly joined, the Authority will direct that the single pleading be refiled as two or more separate pleadings each 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).

Cross References

   This section cited in 52 Pa. Code §  1005.21 (relating to petitions generally); 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response); and 52 Pa. Code §  1017.42 (relating to prerequisites to inspection).

§ 1001.35. Execution.

 (a)  Signature. A pleading, submittal or other document shall be signed in permanent ink by the party in interest, or by the party’s attorney, as required under subsection (b), and show the office and mailing address of the party or attorney. An original hard copy shall be signed, and other copies filed must conform thereto unless otherwise ordered by the Authority.

 (b)  Signatory.

   (1)  A pleading, submittal or other document filed with the Authority shall be signed by one of the following:

     (i)   The person filing the documents, and severally if there is more than one person so filing.

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

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

     (iv)   An attorney having authority with respect thereto.

   (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 signing the documents.

 (c)  Effect.

   (1)  The signature of the individual signing a document filed with the Authority constitutes a certificate by the individual that:

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

     (ii)   The document has been signed 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 individual’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 presiding officer or the Authority, upon motion or upon its own initiative, may impose upon the individual 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 penalties consistent with this part and the act.

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

Cross References

   This section cited in 52 Pa. Code §  1005.21 (relating to petitions generally); and 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response).

§ 1001.36. Verification and affidavit.

 (a)  Verification required. Applications, petitions, formal complaints, motions and answers thereto containing an averment or denial of fact not appearing of record in the action shall be personally verified by a party thereto or by an authorized officer or other authorized employee of the party if a corporation, partnership, association or other business entity. Under subsections (b) and (c), verification may be made by using a verification or by using an affidavit.

 (b)  Form verification. When a verification is used, notarization is not necessary. The filing date for the verification will be determined in accordance with §  1001.11(a) (relating to date of filing). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original verification. The verification must be in the following form:

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) and that I expect to be able to prove the same at a hearing held in this matter. 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)  Affidavit form. When an affidavit is used, it must be notarized. The original affidavit shall be submitted to the Authority and may be an attachment to a filing. The filing date for the affidavit will be determined in accordance with §  1001.11(a). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original affidavit. The affidavit must be in the following form:

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, I am an employee or agent of
and have been authorized to make this affidavit on its behalf 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) and (I or corporation) expect to be able to prove the same at any hearing hereof.

   Signature



   Sworn and subscribed before me this

   


day of
, 2
.


Signature of official administering oath)

   My Authority Expires:



 (d)  Certification process. An applicant for a certificate shall include in the verification or affidavit the following statement:

 Applicant is not now engaged in intrastate transportation of property or passengers for compensation in this Commonwealth except as authorized by the Pennsylvania Public Utility Commission certificate or permit or Philadelphia Parking Authority certificate, and will not engage in the transportation for which approval is herein sought, unless and until the transportation is authorized by the Authority.

 (e)  Criminal penalty. An individual who executes a pleading, application, submittal or other document knowing that it contains a false statement and who causes it to be filed with the Authority shall be subject to prosecution for the commission of a misdemeanor of the second degree in violation of 18 Pa.C.S. §  4904(a) (relating to unsworn falsification to authorities).

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

Cross References

   This section cited in 52 Pa. Code §  1005.12 (relating to content of formal complaints); 52 Pa. Code §  1005.21 (relating to petitions generally); 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response); 52 Pa. Code §  1005.231 (relating to reports of compliance); 52 Pa. Code §  1011.3 (relating to annual rights renewal process); 52 Pa. Code §  1019.3 (relating to dispatcher application); 52 Pa. Code §  1021.5 (relating to standards for obtaining a taxicab driver’s certificate); 52 Pa. Code §  1027.6 (relating to application for sale of transferable rights); 52 Pa. Code §  1029.5 (relating to broker registration); 52 Pa. Code §  1051.3 (relating to annual rights renewal process); 52 Pa. Code §  1057.5 (relating to standards for obtaining a limousine driver’s certificate); and 52 Pa. Code §  1059.5 (relating to applications for sale of transferable rights).

§ 1001.37. Number of copies to be filed.

 (a)  Except as may be otherwise provided by this part or ordered or requested by the Authority, at the time pleadings, submittals or documents other than correspondence are filed with the Clerk, or other Authority office, there shall be furnished to the Authority an original and two conformed copies of the papers, including exhibits, if any.

 

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

§ 1001.38. Rejection of filings.

 The Authority may reject a filing if it does not comply with any applicable statute, regulation or order of the Authority.



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