PA · rules
Philadelphia Cnty. C.P. CP-Orphans' Division Rule 2.9A
Schedules of Distribution
(1) Filing. When directed by the Auditing Judge or at the election of the
accountant, a schedule of distribution, in the form approved by the Court, shall be
electronically filed with the Clerk. The Auditing Judge, in his or her discretion,
may direct that only awards of real property or personal property, to be
distributed in kind, need be included in the schedule of distribution.
(2) Certification. The attorney for the accountant shall certify that the schedule of
distribution is correct and in conformity with the adjudication. See below (3)(a),
(3)(b)(ii) and (6)(b) for additional statements to be included in the certification
where appropriate.
(3) Consent or Notice.
(a) Written consents to the schedule of distribution may be attached
thereto. The attorney for the accountant shall certify whether or not the
parties whose consents are attached constitute all interested parties
affected by the filing of the schedule of distribution and all other parties to
whom notice was directed by the Court.
(b) Notice of the filing of the schedule of distribution shall be given to all
interested parties affected thereby and to such other parties as the Court
may direct, except those parties whose consents are attached. The notice
shall state the date of filing, that a copy of the schedule of distribution
accompanies the notice or will be sent upon request, and that any party
who objects to the schedule of distribution must electronically file
objections within twenty (20) days of the filing of the schedule of
distribution under penalty that the Court may otherwise assume that there
is no objection and may approve the schedule of distribution as filed.
(i) Notice shall be given no later than the day of the filing of the
schedule of distribution, by a letter addressed to the last known
address of the party or to his or her attorney of record.
(ii) It shall be sufficient return of notice for the attorney for the
accountant to certify on the schedule that due notice of the filing
thereof was given as required by this Rule. A copy of the letter of
notice and a list of those to whom notice was sent shall be
submitted with the schedule.
(4) Objections.
(a) Objections may be electronically filed within twenty (20) days of the
filing of the schedule of distribution, and shall indicate the basis for the
objections and in what respect the schedule of distribution fails to conform
to the adjudication. In no event may objections raise questions which
actually were or could have been raised at the audit of the account.
(b) Objections shall be electronically filed with the Clerk. The Auditing
Judge shall re-examine the subject matter; may hold a hearing or
argument thereon, at the Auditing Judge's discretion; and may make such
disposition of the objections as the Auditing Judge deems proper in a
supplemental adjudication.
(5) Approval.
(a) Where the consents of all necessary parties are attached, the Court
may approve the schedule of distribution immediately upon filing. Where
notice was given to any party, the Court may approve the schedule of
distribution twenty (20) days after the filing thereof.
(b) In the absence of objections, the schedule of distribution shall become
absolute on the date of approval thereof.
(c) Where objections have been filed and dismissed, the schedule of
distribution shall be approved.
(d) Upon approval of the schedule of distribution, the accountant shall
have the authority to make necessary assignments and transfers of any
property awarded.
(6) Confirmation of Title to Real Property. Approval of the schedule of distribution
shall constitute confirmation of title in the distributees.
(a) Separate Awards. A schedule of distribution shall set forth separate
awards of real property in separate paragraphs.
(b) Description. Certification by Counsel. Real property shall be described
in the same detail and with the same particularity as is commonly required
to be included in deeds, and, in addition, shall include information
pertinent to the derivation of title. Counsel for the accountant shall certify
that counsel or counsel's agent has examined the last recorded deed or
the record thereof in the public office for recording deeds in the county in
which the real estate is located and that the description in the schedule of
distribution is in conformity therewith.
(c) Certification by Clerk. The Clerk shall, upon request, certify excerpts
from an approved schedule of distribution for recording in any public office
for recording deeds.
(7) Effect Upon Distribution. When the matters which are the subject of a
schedule of distribution, or the report of an auditor or master, are so separate
and distinct that an objection to any one or more, whether sustained or
dismissed, cannot affect the remainder, and the accountant will not be prejudiced
by the distribution of such remainder, confirmation of the schedule of distribution
or report shall not be suspended, except as to those matters to which objections
have been taken; distribution may proceed as to the remainder; and any party
from whom such distribution has been withheld may petition the Court to order
distribution.
Provenance
- Source
- courts.phila.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
c103eca51afed98a7d29554dd7f74fafd9fc3e162dce771a0036453377b32221
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