Lebanon Cnty. C.P. Orphans' Court Rules 11

of real property and setting it apart for or on account of the family

exemption shall be recorded and registered in accordance with

Chapter 31, Section 312 of the Decedents, Estates and Fiduciaries

(20 Pa.C.S.A. §3123) and its amendments.

5.3. Intestate Share to Surviving Spouse

If an appraisal of property is needed, the manner of appraising the

property, of filing and confirming the appraisal, and of advertising or giving

notice thereof, shall be by Special Order in each case.

5.6 Appointment of a Guardian for the Estate or Person of a Minor

Written consent of the parents or surviving parent of the minor to the

appointment of a guardian for his estate or person shall be attached to the petition

unless a reason is set forth in the petition why the said consent is not attached. If

none of the parents have given their written consent, the consent of the adult or

adults who stand in loco parentis shall be attached. If none of the aforesaid

consents are obtained, the Petitioner shall set for the reasons therefore and shall

give such prior notice of the presentation of the petition as the Court shall direct.

CHAPTER 7. RULES RELATING TO PRE-HEARING AND HEARING

PROCEDURE

7.1 Depositions, Discovery and Production of Documents.

The Rules pertaining to Depositions, Discovery and Production of

Documents as contained in the Pennsylvania Rules of Civil Procedure shall be

applicable to the Orphans’ Court Division of the Court of Common Pleas of

Lebanon County.

7.2 Motion for Judgment on the Pleadings

In order to obtain a decision from the Court on any contested legal issue, a

party must file a Praecipe for Disposition accordance with Leb.Co.C.C.P. Rule

52-205.4.

7.3 Motion for Summary Judgment

In order to obtain a decision from the Court on any contested legal issue, a

party must file a Praecipe for Disposition accordance with Leb.Co.C.C.P. Rule

52-205.4.

CHAPTER 9. AUDITORS AND MASTERS.

9.0 Appointment and Compensation of Auditors and Masters.

A. The Court may, on its own motion, or upon petition of the

accountant or his attorney, or of any other interested party, appoint an

Auditor or Master, who shall be, in the absence of special circumstances to

be determined solely by the Court, a member of the Bar of Lebanon

County, Pennsylvania. However, the Court may, in its sole discretion, at

any time after the appointment of an Auditor or Master, recall the matter

for attention by the Court.

B. The Petition for the Appointment of an Auditor or Master shall

contain the following information when applicable:

1. The identity and residence of the Petitioner;

2. The relationship if any of the Petitioner to the

decedent;

3. In the event the decedent left a Will, a copy of the

Will or deed of trust is to be attached as an exhibit to the

petition;

4. In the case of intestacy, the identity and address of

all of the heirs of the decedent entitled to share in the

estate;

5. A statement disclosing the gross amount of the

estate and the net amount available for distribution;

6. A brief statement as to the legal or factual issues to

be determined by the Auditor or Master; and

7. The identity of all local counsel as attorney for any

interested parties.

C. No suggestion, stipulation, motion or agreement by the parties or

their counsel as to the identity of the person to be appointed Auditor will

be considered under any circumstances.

D. Any person appointed by the Court as an Auditor or Master under

these rules shall be compensated by reasonable and customary fees as are

agreed upon by the attorneys of all interested parties, or as fixed by the

Court and paid from such sources as the Auditor or Master shall direct.

E. The Auditor’s or Master’s hearing shall be held at a time and place

indicated by the Auditor or Master not later than forty-five (45) days after

the Auditor’s or Master’s appointment, unless such time be extended by

stipulation of all counsel of record or by Order of Court. The Auditor’s or

Master’s hearing shall be held in the room or place assigned by the Court

Administrator.

F. The report of the Auditor or Master shall be returnable within

ninety (90) days after his appointment. The return date shall be extended

only upon application to the Court and for good and sufficient cause

shown.

9.1 Notice of Hearing.

Twenty (20) days prior written notice of the time and place of the

Auditor’s or Master’s hearing shall be given by the Auditor or Master to all

counsel of record and all interested parties not represented by counsel, known to

the Auditor or Master; and in addition thereto, by advertising the time and place

of hearing once a week for two (2) consecutive weeks, within a period of one (1)

month immediately prior to the hearing, in a newspaper of general circulation in

Lebanon County and in the Lebanon County Legal Journal. The Auditor or

Master shall give evidence of such advertisement by attaching proofs of such

publication to the Auditor’s or Master’s Report and making them a part thereof.

9.5 Transcript of Testimony.

A. The Auditor’s or Master’s hearing shall be held continuously from

day to day for a full Court day or its equivalent, where possible, during

each day in which it is held, and shall not finally be adjourned by the

Auditor or Master until the testimony of all the witnesses and parties to the

case shall have been fully and completely presented and the reception of

evidence closed.

B. Testimony given at an Auditor’s hearing shall be stenographically

recorded.

C. The transcript of testimony taken before an Auditor or Master shall

be filed with his report.

D. The Auditor or Master shall, in the first instance, pass on questions

of evidence. If the Auditor or Master is of the opinion that the testimony

is clearly frivolous and irrelevant, or that the witness is clearly

incompetent, he need not take the testimony, but the Record shall show the

offer and the purpose of it, the objection and the ground of it, as well as

the decision of the Auditor or Master, so that if objection be taken to the

report of the Auditor or Master on this ground his decision may be

properly reviewed by the Court. However, if the Auditor or Master is in

doubt, the testimony shall be taken subject to exception and the question

may be raised upon exception to his Report.

9.6 Notice of Filing Report.

A. Notice of Filing Report. The Auditor or Master shall give three (3)

days’ prior written notice of his intention to file the report and to apply to

the Court for confirmation thereof to each attorney of record and to all

parties not represented by counsel, and shall make a copy of his report

available for their inspection during such notice period.

B. Objection. Any interested party shall have the right to file

objections to the report of an Auditor or Master within twenty (20) days

after the filing and confirmation thereof. If objections are filed, the issue

shall be referred to the Court for placement on the argument list. In order

to obtain a decision from the Court on any contested legal issue, a party

must file a Praecipe for Disposition accordance with Leb.Co.C.C.P. Rule

52-205.4.

C. Re-Examination by Auditor or Master. In the event that objections

are filed, the Auditor or Master shall have a period of twenty (20) days

prior to argument to re-examine the subject of the objections and to amend

the report if, in the Auditor’s or Master’s opinion, the objections are in

whole or in part well-founded.

D. Argument. Argument before the Court shall be confined to the

objections filed to the Auditor’s or Master’s report, either as originally

submitted or amended; and the Court may, in its sole discretion, remand

the report of the Auditor or Master for further hearing.

9.7 Confirmation of Report.

The report of an Auditor or Master shall be confirmed as of course, unless

objections have been filed thereto pursuant to these rules.

CHAPTER 10. REGISTER OF WILLS.

10.4 Appeals from the Register of Wills.

A. Filing. Appeals taken from the judicial acts or proceedings of the

Register shall be addressed to the Orphans’ Court but filed with the

Register.

B. Petition sur Appeal. After an appeal has been taken to the

Orphans’ Court from any judicial act, proceeding or decree of the

Register, the appellant shall present a petition to the said Court within

thirty (30) days after filing such appeal and shall allege that an appeal has

been filed and bond approved by the Register and filed in his office within

ten (10) days thereafter.

C. Upon the filing of a petition, the Court will award a Citation to all

interested parties, including the Register, to show cause why the appeal

should not be sustained and the decision complained of set aside, and in

cases where issues of fact exist, why the disputed issues of fact should not

be submitted to a jury. The Citation, with a copy of the appeal, shall be

served in the manner provided by the Orphans’ Court Act of 1951. Such

Citation will be made returnable to a day certain but not less than twenty

(20) days after issuance.

D. Appeals from the appraisement of the property of a resident

decedent for Transfer Inheritance Tax purposes shall be taken pursuant to

the provisions of the Act of June 20, 1919, P.L. 921, Section 23, as

amended, by filing such appeal, together with specifications of objections

and together with security approved by the Orphans’ Court in the offices

of the Clerk of the Orphans’ Court.

CHAPTER 15. ADOPTION.

15.1 Hearings.

A. At the hearing on a petition for voluntary relinquishment or

abandonment, the presence of the Petitioners is required, and they shall be

examined under oath to ascertain the truth of the facts set forth in the

petition. The presence of the minor shall not be required.

B. Hearings on a petition for adoption, voluntary relinquishment

and/or abandonment shall be private and not in open Court, unless

otherwise ordered by the Court.

C. At the hearing on a petition for adoption, the presence of the

following is required except by special order:

1. The Petitioners.

2. The person whose adoption is sought.

3. All persons whose consent is necessary under the adoption

laws, except the natural parent or parents who have executed a proper

legal consent and specifically waive their right to be present.

4. Such other persons as the Court may direct by special

order.

D. Those required to be present at an adoption hearing shall be

examined under oath to ascertain the truth of the facts set forth in the

petition and a record made of their testimony. The record shall not be

transcribed unless ordered by the Court.

CHAPTER 18. MARRIAGE.

18.1 Waiver of Waiting Period.

The presence of the Petitioners shall be required at the hearing on a

petition to waive the three day waiting period, unless excused by the Court.

18.2 Minors Under the Age of Sixteen.

No petition for issuance of a license to marry to a person under the age of

sixteen (16) years shall be presented without the written consent of the parents or

surviving parent or legally appointed guardian, without leave of Court for cause

shown. The minor, the intended spouse and a parent, surviving parent or guardian

of all parties under the age of 16 years shall be present at the time of the

presentation of the petition for examination by the Court, other than such parties

as may be excused by the Court.

CHAPTER 19. PROMPT DISPOSITION OF MATTERS AND TERMINATION

OF INACTIVE CASES.

19.1 The Clerk of Court-Orphans’ Court Division, shall list for general call at

the first civil argument court held in September of each year, all Orphans’ Court

matters in which no steps or proceedings have been taken for two years or more.

Prior thereto, they shall give notice thereof to counsel of record and to the parties

for whom no appearance has been entered as provided by Pa.R.J.A. 1901(c). If

no action is taken or written objection is filed in such matter prior to the

commencement of the general call, the Clerk of Court – Orphans’ Court Division,

shall strike the matter from the list and enter an order as of course, dismissing the

matter with prejudice for failure to prosecute under the provisions of this Rule. If

no good cause for continuing the matter is shown at the general call, an order shall

be entered forthwith by the Clerk for dismissal.