Lehigh Cnty. C.P. Rules (introduction)

THIS PDF ONLY PERTAINS TO ORPHANS’ COURT RULES OF PROCEDURE FOR ALL OTHER COURT RULES

SEE https://www.lccpa.org/rules.nex

LOCAL RULES

of the

ORPHANS’ COURT OF LEHIGH COUNTY

These Local Rules 1 through 13 herein are effective as of September 1, 2016, Rule

4.7-1 Electronic Filing of Legal Papers Updated January 24, 2023

There are no local rules for Adoption or Adult Incapacities.

The current website for electronic access to Pa. O.C. Rules and Supreme Court

forms is

TABLE OF CONTENTS

CHAPTER I. GENERAL RULES

Rule 1.1-1. Local Rules. 1

Rule 1.3-1 Additional Definitions. 1

Rule 1.7-1 Attorneys. Information. 1

Rule 1.8-1 Local Forms. 1

CHAPTER II. FORMAL FIDUCIARY ACCOUNTS

Rule 2.1-1 Form. Title. Blending. Supplemental Accounts. 2

Rule 2.1-2 Accounts of Cemetery Trusts. 2

Rule 2.1-3 Valuations 2

Rule 2.2-1 Form. Appointed Estates. 2

Rule 2.3-1 Caption. Accounts for Minors. Additional Contents. 3

Rule 2.4-1 Amended Petition for Adjudication/Statement of Proposed Distribution. 3

Rule 2.4-2 Distribution. In Kind. 3

Rule 2.4-3 Distribution In Kind. Real Estate. 4

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

Rule 2.5-1 Notice. Co-Fiduciaries. 4

Rule 2.5-2 Notice to Guardian or Trustee ad Litem. Time. 4

Rule 2.5-3 Notice. Supplemental Accounts. 5

Rule 2.6-1 Time for Filing with Clerk of Orphans’ Court. 5

Rule 2.6-2 Time for Filing. Supplemental Accounts. 5

Rule 2.7-1 Objections. Time for Filing. 5

Rule 2.7-2 Objections. Service. Return. 6

Rule 2.7-3 Objections. Continuance of Audit. 6

Rule 2.9-1 Final Confirmation of Account, Order of Distribution and 6

Satisfaction of Award.

CHAPTER III. PLEADING AND PETITION PRACTICE

Part A. Petition Practice.

Rule 3.4-1 Exhibits. Certification. 7

Rule 3.4-2 Exhibits. Foreign Language. Translations. 7

Rule 3.4-3 Consents. Joinders. Averments. 7

Rule 3.4-4 Consents. Joinders. Form. Acknowledgement. 7

Rule 3.5-1 Rule to Show Cause. 8

Rule 3.5-2 Praecipe. 8

Rule 3.5-3 Alternative Service. 8

Rule 3.5-4 Uncontested Petitions and Motions. 8

Part B. Responsive Pleadings

Rule 3.9-1 Preliminary Objections. Briefs. 9

Rule 3.9-2 Failure to File Answer to Preliminary Objections. 9

Rule 3.10-1 Failure to Answer. 9

Part C. Pleadings Generally 9

Rule 3.13-1 Permissible Signature 9

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CHAPTER IV. FORMAT; SERVICE OF LEGAL PAPER;

ELECTRONIC FILING

Rule 4.1-1 Legal Paper. 10

Rule 4.1-2 Briefs. 10

Rule 4.2-1 Notice by Publication. 11

Rule 4.2-2 Time for Notice by Publication. 11

Rule 4.2-3 Return of Notice. Form of Affidavit. 11

Rule 4.6-1 Adjudication and Order. Service. Method. Proof. 13

CHAPTER V. SPECIFIC TYPES OF PETITIONS

Rule 5.5-1 Reports. 14

Rule 5.5-2 Compensation. 14

Rule 5.5-3 Resignation. 14

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

Without Appointment of Guardian of the Estate. 14

Rule 5.6-2 Access to Minors’ Restricted Accounts. 15

Rule 5.9-1 Procedure. 15

Rule 5.10-1 Petition. 15

Rule 5.10-2 Public Sale. Notice. 16

Rule 5.10-3 Public Sale. Return of Sale. Confirmation. 16

CHAPTER VI [RESERVED] 18

CHAPTER VII. PRE-HEARING AND HEARING PROCEDURE

Rule 7.1-1 Discovery. 19

Rule 7.1-2 Pre-Hearing Conference. 19

Rule 7.2-1 Judgment on the Pleadings. Brief. 19

CHAPTER VIII. RECONSIDERATION 20

[RESERVED]

CHAPTER IX. AUDITORS AND MASTERS

Rule 9.1-1 Notice of Hearings. Method. Parties. 21

Rule 9.6-1 Service of Report. 21

Rule 9.7-1 Objections to Report of Auditor or Master. 21

CHAPTER X. PRACTICE BEFORE THE REGISTER OF WILLS

Rule 10.1-1 Supporting Documentation. 22

Rule 10.4-1 Certification of Record. Petition. 22

Rule 10.4-2 Appeals from Register. Time for Filing Petition. Contents. 22

CHAPTER XI. [RESERVED] 24

CHAPTER XII. [RESERVED] 25

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CHAPTER XIII. [RESERVED] 26

CHAPTER XIV. ADULT GUARDIANSHIPS 27

[RESERVED]

APPENDIX

Local Forms

Appendix A – Form Rule to Show Cause - Leh. O.C. Rule 3.5-1 29

Appendix B – Praecipe of No Response - Leh. O.C. Rule 3.5-2 30

Appendix C – Form Petition to Receive Death Benefit Payable to

Minor and Proposed Order - Leh. O.C. Rule 5.6-1(b) 31

Appendix D – Form Petitions for Access to Minors’ Restricted

Accounts - Leh. O.C. Rule 5.6-2(b) 39

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CHAPTER I

GENERAL RULES

Rule 1.1-1 Local Rules.

All local rules adopted by the Orphans’ Court Division of the Court of Common

Pleas of Lehigh County shall be known as Lehigh County Orphans’ Court Rules and shall

be cited as “Leh. O.C. Rule ___.”

Rule 1.3-1. Additional Definitions.

(a) “Code” means the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S.A. §101

et. seq., as amended.

(b) “Rule” means any rule of Court promulgated by the Supreme Court of

Pennsylvania or the Orphans’ Court Division of the Court of Common Pleas of Lehigh

County.

(c) “Except as otherwise provided” means “except as otherwise provided by

statue, rule, or special order of this Court”.

(d) “Director” means the Director of Orphans’ Court Operations.

Rule 1.7-1. Attorneys. Information.

Every attorney presenting or filing any paper with the Court or the Clerk shall

endorse thereon his or her name, Supreme Court identification number, office address and

telephone number.

Rule 1.8-1. Local Forms.

Except to the extent of Supreme Court-approved forms, which are to be used

exclusively in practice before the Orphans’ Court and Register of Wills, and which are

available on the website of the Administrative Office of Pennsylvania Courts, from time

to time, the Court may approve other forms to facilitate practice and procedure before

the Court and such forms are maintained at the Court’s website at

www.lccpa.org/orphans.

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CHAPTER II

FORMAL FIDUCIARY ACCOUNTS

Rule 2.1-1. Form. Title. Blending. Supplemental Accounts.

(a) Title of Accounts.