Lebanon Cnty. C.P. Orphans' Court Rules (introduction)

RULES OF THE COURT OF COMMON PLEAS OF LEBANON COUNTY

ORPHANS’ COURT DIVISION

CHAPTER 1. LOCAL RULES OF ORPHANS’ COURT DIVISION

1.1 Short Title and Citation.

These rules adopted by the Court of Common Pleas – Orphans’ Court

Division of Lebanon County, Pennsylvania, as amended or supplemented, shall be

known as the Lebanon County Orphans’ Court Rules and may be cited as

“Leb.Co.O.C.R. No. .”

1.7 Attorneys: Members of the Bar and Practice.

No person, other than attorneys who have been admitted to the Bar of the

Supreme Court of Pennsylvania, shall be permitted to enter an appearance on

behalf of any party. The entry of appearance by counsel shall be in accordance

with Leb.Co.C.C.P. Rule 52-1012.

CHAPTER 2. ACCOUNTS, OBJECTIONS and DISTRIBUTIONS

2.9 Confirmation of Accounts. Awards.

Unless the Court directs otherwise all accounts and statements of proposed

distribution shall be presented to the proper Court for confirmation Nisi on the

first Monday of each month, except during the month of July. If no objections are

filed thereto, the Clerk of the proper Court shall confirm said accounts twenty

(20) days thereafter, which confirmation shall constitute an adjudication of such

accounts, and a final decree approving the statements of proposed distribution and

directing distribution in accordance therewith, shall thereupon be made and

entered by the Clerk of the respective Court. In the event the first Monday of the

month falls on a holiday or if the dates of confirmation fall on a holiday the

accounts and statements of proposed distribution shall be confirmed the following

day. In the case of the request for the appointment of an Auditor, the auditor shall

not be appointed until twenty (20) days after the account or statement of proposed

distribution would have been confirmed had no objections been filed.

2.11 Appointment of Official Examiners.

The Court, by Special Order, may appoint an official examiner or

examiners who shall examine the assets held by any fiduciary in his fiduciary

capacity.

CHAPTER 3. RESPONSIVE PLEADINGS

3.5 Rule to Show Cause

(A) A rule to show cause shall be issued as of course upon the filing of

a contested petition. The rule shall direct that an answer be filed to the

petition within twenty (20) days after service of the petition on

Respondent.

(B) The Court may grant a stay of proceedings.

(C) The Petitioner shall attach to the petition a proposed order

substantially in the following form:

(CAPTION)

ORDER OF COURT

AND NOW, this day of, 20, upon

consideration of the foregoing petition, it is HEREBY ORDERED as follows:

1. A Rule is issued upon the Respondent to show cause why the Petitioner is not

entitled to the relief requested;

2. The Respondent shall file an answer to the petition within twenty (20) days of

service upon the Respondent;

3. The petition shall be decided under PA.R.C.P. No. 206.7;

4. Depositions shall be completed within days of this date;

5. Argument shall be held on, 20 in Courtroom

of the Lebanon County Courthouse; and

6. Notice of the entry of this order shall be provided to all parties by the

Petitioner.

BY THE COURT:

J.

(D) If an answer is not filed, all averments of fact in the petition may

be deemed admitted for the purposes of this subdivision and the Court

may enter an appropriate order upon request of the Petitioner.

(E) If an answer is filed raising no disputed issues of material fact, the

Court upon filing of a praecipe for disposition shall decide the petition on

the petition and answer.

(F) If an answer is filed raising disputed issues of material fact, the

Petitioner may take depositions on those issues, or such other discovery as

the Court allows, within the time set forth in the order of the Court or the

Court may schedule a hearing on the disputed facts. If the Court does not

schedule a hearing and the Petitioner does not take depositions or conduct

such other discovery, the petition shall be decided, upon the filing of a

praecipe for disposition, on the petition and answer and all averments of

fact responsive to the petition and properly pleaded in the answer shall be

deemed admitted for the purpose of this subdivision.

(G) The Respondent may take depositions, or such other discovery as

the Court allows.

CHAPTER 5. RULES GOVERNING SPECIFIC TYPES OF PETITIONS

5.2 Family Exemption.

A. Time for Filing. Unless the Court extends the time for so doing,

all claims for the family exemption shall be made within one (1) year after

the death of the decedent or within one (1) year after letters have been first

advertised if a personal representative is appointed. A personal

representative may petition the Court for a rule upon any person prima

facie entitled to the family exemption to show cause why the said claim

should not be made prior to the expiration of the aforesaid one year period.

B. Personal Property.