Lehigh Cnty. C.P. Rules 4

(b) Blending.

Items of distribution shall not be blended with credit items. Accounts containing

such blending shall not be filed, and if filed, will not be confirmed.

(c) Supplemental Accounts.

Supplemental accounts shall conform to the original accounts in every detail,

including form, execution and verification.

Rule 2.1-2. Accounts by Cemetery Trustees.

The accounts filed by Institutional Trustees and by Cemetery Companies as Trustee

pursuant to 9 Pa. C.S.A. §308 shall include therein a schedule containing information

sufficient to demonstrate compliance with 9 Pa. C.S.A. §303 regarding periodic deposits

to permanent lot care funds.

Rule 2.1-3. Valuations

The values of assets on hand should be stated both at the fiduciary acquisition

value and the market value as of the end of the accounting period.

Rule 2.2-1. Form. Appointed Estates

Assets appointed by the donee of a testamentary power and which must be

accounted for by the fiduciary of the donee because they were awarded by a court of the

donor’s jurisdiction, shall be shown in an entirely separate account. Such assets shall not

be included in an account of the donee’s own estate unless the court of the donor’s

jurisdiction has adjudicated a blending by the donee of the appointed estate with his own.

Separate accounts of the appointed estate shall be captioned in the name of the state of the

donor or the power. The caption shall also set forth accountant’s name, describing the

accountant as fiduciary of the done, and the court which awarded the assets to accountant.

Rule 2.3-1. Caption. Accounts for Minors. Additional Content.

The caption of all accounts filed for the estates of minors shall set forth the date of

birth of the minor.

Rule 2.4-1. Amended Petition for Adjudication/Statement of Proposed Distribution.

(a) An amended Petition for Adjudication/Statement of Proposed Distribution may

be filed as of course with the Clerk at any time after the account and Petition for

Adjudication/Statement of Proposed Distribution have been filed and before the same are

called for audit, and thereafter with leave of or at the direction of the Court.

(b) An amended Petition for Adjudication/Statement of Proposed Distribution

shall contain the caption of the case, a heading “Amended P etit ion for

Adjudi cati on/ Statement of Proposed Distribution,” contents in conformity with Leh.

O.C. Rule 2.5-3 hereof, and shall be signed by the parties who executed the Petition

for Adjudication/Statement of Proposed Distribution or their counsel of record.

(c) An amended Petition for Adjudication/Statement of Proposed Distribution shall

include all exhibits which are not already part of the record.

(d) Notice of an amended Petition for Adjudication/Statement of Proposed

Distribution shall be given in the same manner as in the case of a supplemental account

(Pa. O.C. Rule 2.5) and shall include the reason therefore.

Rule 2.4-2. Distribution. In Kind.

(a) Whenever unconverted personalty or realty is included in the balance of an

account and distribution thereof in kind is proposed, a writing shall be filed with the

Petition for Adjudication/Statement of Proposed Distribution, signed by the prospective

distributee or distributees and acknowledged before a person duly authorized to take

acknowledgments, setting forth his or their election to take in kind, designating clearly

and accurately the particular asset or assets included in the election, stating the values

at which said asset or assets shall be allotted, and requesting the Court to order

distribution accordingly; provided that the foregoing rule shall not apply in the

following instances:

(b) When the distribution is in satisfaction of a specific bequest or devise;

(c) When the proposed distributee has, in a proper fiduciary capacity, stated or

joined in the statement of the account and executed and verified the Petition for

Adjudication/Statement of Proposed Distribution.

(d) When the will specifically authorizes the accountant to make distributions in-kind.

Rule 2.4-3. Distribution. In Kind. Real Estate.

Whenever the distribution of unconverted real estate is proposed, whether in

satisfaction of a specific devise or a request for distribution in kind, there shall be submitted

with the Petition for Adjudication/Statement of Proposed Distribution a description by

metes and bounds and Parcel Identification Number (“PIN”) of each tract or parcel of realty

to be distributed, together with a recital of the derivation of decedent’s title. Counsel for

the accountant shall certify that he has examined the last recorded deed or the record thereof

in the public office for the recording of deeds in the county in which the real estate is

located and that the description submitted is a true and exact copy of the description

contained in the recorded deed.

Rule 2.4-4. Distribution of After-Discovered Assets.

(a) Whenever additional assets are discovered after audit and final confirmation

of an account, a petition by the personal representative or any interested party may

be presented to the Court without the filing of a supplemental inventory or a formal

accounting. The petition shall set forth that no transfer inheritance tax is due or that any

such tax due has been paid as shown by a true and correct copy of the official receipt

therefor attached to the petition as an exhibit; that there are no known unpaid claimants of

the estate or, if there be such claimants, the names, addresses, and amounts claimed by

such claimants; the names and addresses of those entitled to receive distribution and the

facts supporting such conclusions; and a Petition for Adjudication/Statement of Proposed

Distribution.

(b) Notice of such a petition shall be given in accordance with Pa. O.C. Rule 2.5.

Rule 2.5-1. Notice. Co-fiduciaries.

Written notice of the filing of the account and the call thereof for audit shall be

given to all co-fiduciaries who do not join in stating the account in accordance with Pa.

O.C. Rule 2.5.

Rule 2.5-2. Notice to Guardian or Trustee ad Litem. Time.

Whenever a guardian ad litem or a trustee ad litem is appointed within three (3)

weeks of the audit date, then the audit date shall be continued if requested by the guardian

ad litem or the trustee ad litem.

Rule 2.5-3. Notice. Supplemental Accounts.

Whenever a supplemental account is filed before the original account is called for

audit, notice thereof shall be given as nearly as possible in accordance with Pa. O.C. Rule

2.5 and proof of notice filed in accordance therewith, and, provided at least twenty (20)

days elapse between the giving of such notice and the day on which the original account is

called for audit, the Court will audit both the original and supplemental accounts. In the

event the aforementioned notice is not given or that the requisite twenty (20) days

between notice and the call for audit do not elapse, the Court will audit both accounts and

a true and correct copy of the supplemental account will be served with the Court’s

adjudication and order as provided by Leh. O.C. Rule 4.6-1.

Rule 2.6-1. Time for Filing with the Clerk.

Accounts to appear on a particular audit list shall be filed no later than the closing

date fixed for that audit list by the Court calendar.

Rule 2.6-2. Time for Filing. Supplemental Accounts.

When a final account has been filed for audit, a supplemental account of subsequent

receipts and disbursements and an amended Petition for Adjudication/Statement of

Proposed Distribution, if necessary, stated in accordance with Pa. O.C. Rule 2.1 and Leh.

O.C. Rule 2.4-1 may be filed with the Clerk before, or with the Court at, the call of the

final account for audit, or whenever the Court shall direct. Notice of the filing of a

supplemental account to be given to all interested parties in accordance with Pa. O.C. Rule

2.5.

Rule 2.7-1. Objections. Time for Filing.

(a) Objections may be made orally when an account is first called for audit, in

which event they shall be reduced to writing and filed in conformity with these Rules within

five (5) business days thereafter. Notice of the filing of written objections must be mailed

in accordance with Pa. O.C. Rule 2.7(a).

(b) Objections to supplemental accounts or amended Petition for

Adjudication/Statement of Proposed Distribution shall be in the same form and filed in the

same manner as objections to accounts and Petitions for Adjudication/Statements of

Proposed Distribution.

(c) No objections shall be filed or made except as provided in (a), (b) or (c) hereof

unless leave of Court is first obtained.

Rule 2.7-2. Objections. Service. Return.

(a) Immediately after objections have been filed with the Clerk, a copy of said

objections to an account and/or Petition for Adjudication/Statement of Proposed

Distribution shall be served upon the accountant and all other interested parties or their

attorneys of record. Proof of such service shall be filed with the Clerk within ten (10)

days of filing objections.

Rule 2.7-3. Objections. Continuance of Audit.

When objections to an account and/or Petition for Adjudication/Statement of Proposed

Distribution have been filed prior to or at audit, or presented orally and thereafter filed in

writing, in accordance with Leh. O.C. Rule 2.7-1, the audit of the account shall be

continued pending disposition of the objections.

Rule 2.9-1. Confirmation of Account, Order of Distribution and Satisfaction of

Award.

(a) An order of court confirming an account and directing distribution is final.

(b) Any party distributing, paying or delivering money or other property to a

distributee may, at the time thereof, require the distributee or his counsel to execute a

Satisfaction of Award and shall file same with the Clerk.

(c) Whenever a distributee has refused to execute a Satisfaction of Award as

provided above, the distributor may petition the Court for an order directing the distributee

to enter, or authorizing the entry of, a Satisfaction of Award.

(d) The Clerk shall, at the request of any interested party, certify excerpts from an

order of court for recording in any public office for the recording of deeds.

CHAPTER III

PETITION PRACTICE AND PLEADING

Part A. Petition Practice

.

Rule 3.4-1. Exhibits. Certification.

(a) There shall be attached to all petitions as exhibits the originals or copies of all

wills, codicils, agreements and other written instruments relied upon.

(b) The signature of an attorney to a petition shall constitute a certification by that

attorney that all copies of written or printed instruments, records or documents which are

not certified or authenticated, are true and correct copies of the original.

Rule 3.4-2. Exhibits. Foreign Language. Translation.

Whenever a written instrument in a language other than English is attached to a

petition as an exhibit, it shall be accompanied by an English translation sworn to or

affirmed by the translator to be a true and correct translation of the original.

Rule 3.4-3. Consents. Joinders. Averments.

All petitions shall aver that the interested parties are petitioners, or that all

consents or joinders of all necessary parties are attached to the petition, or set forth the

names of all necessary parties whose consents, approvals or joinders are attached to the

petition and the names of all necessary parties whose consent or joinders are not attached

to the petition.

Rule 3.4-4. Consents. Joinders. Form. Acknowledgment.

(a) Whenever a party other than a petitioner desires to consent to or join in the

prayer of a petition, there shall be appended to the petition, a written “Consent” or

“Joinder” signed by the parties substantially in the following form:

I, , having read and considered the contents of the foregoing petition,

do herewith waive the benefit of all requirements of notice of the presentation, or service

upon me, of said petition, do authorize the Court to note my general appearance in said

proceeding as though I had appeared personally or by counsel, do herewith waive all

objections to the Court’s jurisdiction over my person, and do herewith [consent to the entry

of an order as prayed for in said petition] or [join in the prayer of said petition].

(b) All “Consents” and “Joinders” shall be acknowledged before a notary public or

other officer duly authorized to take the same.

The acknowledgment shall be substantially in the following form:

COMMONWEALTH OF PENNSYLVANIA )

) ss:

COUNTY OF )

On _, 20, before me a

in and for _, personally

appeared who was known to me (or satisfactorily proven) to be the

person whose name is subscribed to the foregoing (consent) (joinder) and acknowledged

the same to be act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and seal the

day, month and year aforesaid.

Notary Public

My Commission Expires:

Rule 3.5-1. Rule to Show Cause.

In all cases where personal jurisdiction is not required or has been previously

obtained or conferred by statute, a petitioner may proceed in the manner of a Rule to Show

Cause, (rather than a citation or Notice Practice), the Rule shall be substantially in the form

set forth in Appendix A.

Rule 3.5-2. Praecipe.

In the absence of a responsive pleading and/or after the pleadings have closed, any

party may file a praecipe, substantially in the form set forth in Appendix B, requesting that

the Court proceed on the motion or petition and send a copy of said praecipe to each party

by regular mail.

Rule 3.5-3. Alternative Service.

Whenever service cannot be made as otherwise provided in this Rule and the facts

thereof are made known to the Court by an affidavit supplementing the original petition or

motion sought to be served, the Court may enter an order awarding an alias or pluries

citation or other order (which may provide for service by publication or other means) as

the Court deems necessary.

Rule 3.5-4. Uncontested Petitions and Motions.

Applications, petitions, motions or other miscellaneous business certified as

uncontested may be filed with the Clerk or presented in Orphans’ Court Motions Court.

Part B. Responsive Pleadings

Rule 3.9-1. Briefs.

Within twenty (20) days after preliminary objections not raising issues of fact have

been filed, the objector shall file his or her brief with the Clerk and serve a copy thereof

upon all other interested parties, failing which the preliminary objections shall be dismissed

as of course. Upon receipt of a brief timely filed, the Clerk shall list the case for argument

and notify all interested parties. Answering briefs shall be filed with the Clerk not less

than twenty (20) days prior to the date for argument.

Rule 3.9-2. Failure to File an Answer to Preliminary Objections.

If the petitioner fails to file an answer to preliminary objections raising questions

of jurisdiction, the averments of fact set forth in the preliminary objections shall be deemed

admitted and the case shall be deemed at issue. The Court may then, sua sponte or upon

praecipe and with or without argument, enter an appropriate order.

Rule 3.10-1. Failure to Answer.

If the respondent fails to file an answer, as herein provided, the averments of fact

set forth in the petition shall be deemed admitted and the case shall be at issue. The Court

may then, sua sponte or upon praecipe, with or without a hearing, enter a decree granting

the prayer of the petition.

Part C. Pleadings in General

Rule 3.13-1. Permissible Signature.

When it is impractical to comply with Pa. O.C. Rules 3.4(d) and 3.13, the pleading

may be signed and attested by someone familiar with the facts, in which case the reason

for the failure of the petitioner to sign shall be set forth in the attestation.

CHAPTER IV

FORMAT; SERVICE OF LEGAL PAPER;

ELECTRONIC FILING

Rule 4.1-1. Legal Paper.

All legal paper shall conform to the following requirements:

(a) The first sheet shall contain a 3-inch space from the top of the paper for all court

stampings, filing notices, etc.;

(b) Be firmly bound by means of a metal binder clip only and numbered

consecutively at the bottom;

(c) If filed by an attorney, shall be endorsed with his name, Supreme Court

Identification Number, office address, telephone number and facsimile number; and

(d) If filed pro se (an unrepresented party), shall be endorsed with his name, address

and telephone number.

Rule 4.1-2. Briefs.

In all matters where briefs are to be filed, an original and one copy shall be filed

with the Clerk and served upon the other interested parties in accordance with these Rules.

All briefs shall include proper legal citations conforming to the Uniform System of

Citations and contain:

(a) A title page upon which shall appear the caption of the case, including its file

number; a designation of the party upon whose behalf the brief is filed and of the matter

involved;

(b) A statement or counter-statement of the questions involved; in which each

question involved shall be set forth clearly and succinctly in a single sentence which can

be answered either “Yes” or “No.”;

(c) A statement or counter-statement of the case;

(d) Summary of argument;

(e) Argument, in which each question involved shall be the subject of a separate

and distinct subdivision;

(f) A short conclusion stating the precise relief sought; and

(g) The signature of the attorney or pro se litigant filing the brief.

Rule 4.2-1. Notice by Publication.

(a) The Lehigh Law Journal shall be the legal periodical for the publication of all

notices.

(b) A petition requesting leave of court for alternative service is required. See, Leh.

O.C. Rule 3.5-3.

Rule 4.2-2. Time for Notice by Publication.

Whenever notice of the intention to do any act, including the sale of real property,

is given by publication, the last published notice shall be not less than twenty (20) days

prior to the return day, the day of hearing, the day fixed for the sale or the day fixed for the

doing of said act. (See also Pa. O.C. Rule 1.2(b) and Pa. R.C.P. 106-108.)

Rule 4.2-3. Return of Notice. Form of Affidavit.

A return of notice shall be filed with the Clerk on or before the date set for the

occurrence of the event for which notice has been given. The form of affidavit shall

substantially conform to the forms appended to this section as follows:

form:

(a) If notice was given by personal service, the affidavit shall be in the following

(CAPTION)

COMMONWEALTH OF PENNSYLVANIA )

) ss:

COUNTY OF LEHIGH )

NAME, being duly sworn according to law, deposes and says

that s/he personally served the notice attached hereto upon NAME, by

handing him a true and correct copy thereof,1 on DATE, at TIME, at

1 Whenever notice is accompanied by other documents, e.g., a copy of an account and

Petition for Adjudication/Statement of Proposed Distribution, insert that fact here.

2If the receipt is not signed or is not returned, the affidavit shall so state, together with the

reason therefore, if known. When the notice is not delivered and the unopened letter is

ADDRESS, and making known the contents thereof and further that the facts are

true and correct.

/s/

Sworn to and subscribed

before me this day of

, 20.

Notary Public

My commission expires:

(b) If notice was given by mail, facsimile or electronic transmission, the affidavit

shall be substantially in the following form:

(CAPTION)

COMMONWEALTH OF PENNSYLVANIA )

) ss:

COUNTY OF LEHIGH )

NAME, being duly sworn according to law, deposes and says

that he served the notice attached hereto on NAME, by (Insert form of

service and whether a return receipt was requested) on DATE, if applicable,

that attached hereto is the signed return receipt card which accompanied the

mailing2,3; and that

the above facts are true and correct.

/s/

Sworn to and subscribed

before me this day of

, 20.

Notary Public

My commission expires:

returned to the sender, the affidavit should conform to the first part of the form under Leh.

O.C. 4.2-3(c).

3 If mailed, requesting a return receipt, to a foreign country (many of which will not return

the receipt card), set forth any facts indicating that the notice was received.

(c) If notice was given by publication, an affidavit in the following form shall be

(CAPTION)

COMMONWEALTH OF PENNSYLVANIA )

) ss:

COUNTY OF LEHIGH )

NAME, being duly sworn according to law, deposes and says that the present

address of NAME is unknown; [that a true and correct copy of the notice attached

hereto was forwarded to NAME, at his last known residence at ADDRESS, by

mail on DATE; that said mail was returned unopened and undelivered by the post

office; that said unopened and undelivered letter is attached hereto;]4 that notice was

given by publication once a week for three (3) successive weeks on DATE, DATE,

and DATE in the PUBLICATION, a newspaper of general circulation published

in the LOCATION OF PUBLICATION, and by publication one (1) a week for three (3)

successive weeks on DATE, DATE, and DATE in the PUBLICATION, the legal

periodical published in LOCATION OF PUBLICATION; that attached hereto are the

proofs of publication of said notice in said newspaper and legal periodical; and that the

facts set forth herein are true and correct.

/s/ Sworn

to and subscribed

before me this day of

, 20.

Notary Public

My commission expires:

If initially notice was given by publication, the portion of the form enclosed in brackets

shall be omitted from the return.

Rule 4.6-1. Adjudication and Order. Service. Method. Proof.

(a) Promptly upon receipt of notice of entry of an adjudication order confirming a

formal fiduciary account, counsel for the accountant shall immediately serve a true copy

of the adjudication and order upon:

(1) Every individual required to be served with the account and the Petition for

Adjudication/Statement of Proposed Distribution pursuant to Pa. O.C.

Rule 2.5;

(2) Each attorney of record; and

(3) Such other parties as the Court may direct.

(b) Immediately upon effecting service of the adjudication and order as provided in

(a) hereof, counsel for the accountant shall file proof of such service.

Rule 4.7-1 Electronic Filing of Legal Papers

(a) Authorization for Electronic Filing.

1. Effective January1, 2023, the Orphans’ Court Division of the Court of

Common Pleas of Lehigh County (hereafter, “ the Court”), mandates the

electronic filing of legal papers in all Orphans’ Court cases, with the

exception of Guardians’ Inventories, pursuant to 20 Pa.C.S.A. §§5142 and

5541(b) and Guardians’ Annual Reports pursuant to 20 Pa.C.S.A.

§5521(c)(i) and (ii), which may be filed in paper form with the Court, or

filed through the AOPC’s Guardianship Tracking System (“GTS”). All

electronically filed legal papers shall be subject to all state and local

Orphans’ Court Rules in the same manner as those legal papers permitted

to be filed in paper form.

2. Effective January 1, 2023, the Clerk of Judicial Records of Lehigh

County - Register of Wills Division (hereafter, “Register of Wills”),

mandates the electronic filing of legal papers regarding the grant of letters

and inheritance tax returns, provided however that testamentary writings

(Wills and Codicils) must also be filed in paper form. Original Wills and

Codicils will be maintained by the Register of Wills for a minimum

period of ten (10) years. All electronically filed legal papers shall be

subject to all state and local Orphans’ Court Rules in the same manner as

those legal papers permitted to be filed in paper form.

3. Format of Electronically Filed Legal Papers

1. All electronically filed legal papers shall be in Portable Document Format

(hereafter, “PDF”).

2. An administrative fee of $1.00 per page will be charged to convert a legal paper

and/or exhibit presented for filing from paper form to PDF. The paper copy shall

be returned to the filing party for retention pursuant to Pa.R.O.C.P. 4.7(c)(3).

4. Signature, Verification and Retention of Legal Paper

1. A legal paper filed electronically is deemed an original document.

2. A legal paper filed electronically must include a signature block for the name of

the authorized filer.

3. A required signature shall be supplied either by filing a scanned image of the

legal paper that bears the original signature of the filer, or, by affixing the

digitalized signature, or the name of the filer preceded by /s/, and the printed

name of the filer’s attorney, to the electronically filed legal paper.

5. Website and Filing Date

1. The website for electronically filing legal papers through the Court’s electronic filing

application known as “Odyssey File and Serve” (hereafter, “OFS”) is:

https://pennsylvania.tylertech.cloud/ofsweb

2. To use the OFS system all parties and counsel must register User Name and

Password by supplying a valid email address and creating an account for payment of

filing fees.

3. Each filer will receive courtesy email notification of the date and time that a legal

paper was received in OFS, and within 6 business hours thereafter, will receive

further email notification of the legal paper’s acceptance or rejection for filing.

4. The filing date of a legal paper accepted for filing that is accompanied by payment of

the filing fee, is the date that it was received. Except as otherwise provided by

Pa.R.O.C.P. 1.40 and Pa.R.Civ.P. 240, pertaining to petitions to proceed in forma

pauperis, the filing date of an accepted legal pleading unaccompanied by the filing

fee, is the date on which the filing fee is paid. See, 42 P.S. §21073(b) The

notification of a legal paper’s rejection for filing shall include the reason therefor.

6. Delay in Filing

Petitions to resolve disputes involving alleged failure of the Court’s website,

permitted by Pa. R.O.C. P. 4.7(e), may be filed and served in paper form.

7. Fees

1. Payment of filing fees may be made electronically by: Visa, Mastercard and

Discover. Electronic payment of filing fees by eCheck is limited to attorneys

and law firms.

2. Payment of filing fees in person at the Office of the Clerk of the Orphans’ Court

may be made in cash or by Visa, Mastercard and Discover. Attorneys may pay

filing fees in person by check, and non-lawyers may pay filing fees in person

by money order payable to the Clerk of the Orphans’ Court.

3. Payment of filing fees in person at the Office of the Register of Wills may be

made in cash, check or by Visa, Mastercard and Discover. Payment of

Inheritance Tax shall only be made by check or money order payable to

Register of Wills Agent.

4. All credit/debit card payments will incur a convenience fee assessed by the

credit card vendor.

4.7.2 Marriage Licenses - RESERVED

CHAPTER V

SPECIFIC TYPES OF PETITIONS

Rule 5.5.1. Reports.

Upon direction by the Court, each Guardian ad litem and Trustee ad litem appointed

by the Court shall, upon concluding the duties of his appointment, file with the Court a

written report in substantial conformity with Pa. O.C. Rule 9.4.

Rule 5.5-2. Compensation.

The compensation of a Guardian ad litem or a Trustee ad litem appointed by the

Court shall be fixed by the Court on the basis of time expended, the nature of the services

rendered, and the results obtained. Unless otherwise directed by the Court, requests for

compensation shall be in the form of a petition filed with the Clerk and shall be

accompanied by an itemized statement of services rendered.

Rule 5.5-3. Resignation.

No Guardian ad litem or Trustee ad litem shall resign without prior approval of the

Court pursuant to a petition.

Rule 5.6-1. Receipt of Death Benefit/Life Insurance Proceeds Payable to a

Minor Without Appointment of Guardian of the Estate.

(a) A petition for authority to receive life insurance and/or death benefit proceeds

payable to a minor without the appointment of a guardian of the estate shall include:

(1) Petitioner’s name, address and relationship to the minor;

(2) The minor’s date of birth and the name, address and relationship of the

person with whom the minor resides;

(3) The name[s] of the minor’s parent[s] who are not petitioners;

(4) A description, including the name of the payor and policy/contract

number[s], of the nature and amount of life insurance proceeds/death

benefit[s] payable to the minor, including the name, date, place of death

and relationship to the minor of the person whose death caused the

proceeds to vest in the minor;