Philadelphia Cnty. C.P. CP-Orphans' Division Rule 3.4A

Exhibits, consents, approvals, checklists, and attachments shall meet the requirements

of Pa. O.C. Rule 1.8 and Rule 1.8A.

Rule 3.5A. Procedure for Determination when No Response is Filed to a Petition

underPa.R.O.C.P. 3.5(a) or 3.5(b)

(1) When a party to whom a citation issued under Pa.R.O.C.P. 3.5(a), or to whom a

petition with notice under3.5(b) is directed, has not filed an answer or preliminary

objection within the response time provided by law, the petitioner may file a

praecipe for an order or decree, which shall include:

(a) A proposed form of order or decree;

(b) A concise explanation of the procedural posture of the matter identifying the

pleading to be disposed of; and

(c) Specific averments as to the exact nature of service of the underlying petition,

and a copy of the appropriate certification or proof of service.

(2) The party filing a praecipe for an order or decree must serve all interested parties

with the praecipe according to the provisions of Pa.R.O.C.P. 4.3 no later than the

date that the praecipe is filed, and shall attach a certificate of service listing the

names and addresses of those individuals and entities who were served with the

praecipe, and by what means they were served.

(3) Upon receipt of a praecipe for an order or decree, the Court may issue an order

or decree granting any of the following relief:

(a) A hearing;

(b) An off-the-record or on-the-record conference;

(c) Disposition on the pleadings already of record; or

(d) Such other relief as is appropriate.

(4) Upon issuance of an order or decree described hereunder, the party requesting

the order or decree shall serve the order or decree on the party to whom the citation

or petition with notice was directed according to the provisions of Pa.R.O.C.P. 4.3,

and shall file of record a certification of service within 10 days of the date of the order

or decree, listing the names and addresses of those individuals and entities who were

served, and by what means they were served.

(5) A party to whom an order or decree described hereunder is directed may, within

20 days of the entry of such an order or decree, file a petition to vacate the order or

decree. This petition shall include:

(a) A concise explanation of why no timely answer, preliminary objection, or other

response was filed; and

(b) The answer, preliminary objection, or other response which the party seeks

leave to file.

Upon review of such a petition and for cause shown, the Court may vacate the order or

decree, and permit an appropriate responsive pleading to be filed within such time as it

shall determine.

Probate Section Comment: The period for filing an appeal is not tolled by the filing of

a petition to vacate an order or decree unless the Court grants the petition to vacate

before the expiration of the appeal period. Nothing herein precludes the Court from

entering appropriate relief after the response time provided by law has expired if no

praecipe for an order or decree is filed. This Rule does not apply to Petitions for

Adjudication of Incapacity and Appointment of a Guardian of the Person or Estate of an

Incapacitated Person.

CHAPTER IV. FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND

COURT; ELECTRONIC FILING