1930 Adoption of procedural rules applicable to the Orphans' Court of the court of common pleas; no. OC 2002-96
Title 255--LOCAL
COURT RULESCRAWFORD COUNTY Adoption of Procedural Rules Applicable to the Orphans Court of the Court of Common Pleas; No. OC 2002-96 [33 Pa.B. 4897] Order And Now, September 17, 2003 it is ordered as follows:
1. The revisions and amendments to Rules 1 and 3 of the Crawford County Orphans Court Rules are hereby approved, adopted and promulgated as rules of the court.
2. These Rules shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
3. The Clerk of Courts of Crawford County is ordered and directed to do the following:
a. File seven (7) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
b. File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text of the hard copy version.
c. File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans Court Procedural Rules Committee
d. Keep continuously available for public inspection, copies of this Order and Rules.
e. Keep continuously available for purchase by attorneys, members of the public and the like, copies of this Order and Rules.
5. The Court Administrator of Crawford County is ordered and directed to publish a copy of this Order and Rules on the internet web page maintained by Crawford County as well as the Internet web page maintained by the Administrative Office of Pennsylvania courts that lists local Common Pleas rules.
By the Court
GORDON R. MILLER,
President JudgeRULE 1. JUDGES--LOCAL RULES Rule 1.2.1 (No change)
Rule 1.2.2 (No Change)
Rule 1.2.3
This rule shall be changed by adding thereto subparagraph (e) as follows:
(e) Withdrawal of Appearance.
(1) An attorney may withdraw an appearance for any party in proceeding in the Orphans' Court Division only in accordance with Pa.R.C.P. 1012(b) and Crawford County Civil Rule L1012B.
(2) An attorney may withdraw an appearance for personal representative(s) of a decedent's estate in proceedings before the Register of Wills in the following manner:
(i) By filing a written Notice of Withdrawal with the Register of Wills with the signed consent of all personal representative(s) attached or where another attorney has entered, or simultaneously enters, an appearance for the personal representative(s) before the Register of Wills; or
(ii) With leave of Court after having given five (5) days written notice to the personal representative(s) and thereafter filing a written motion for leave to withdraw an appearance with a certification attached thereto that the required notice has been given.
RULE 3. PLEADING AND PRACTICE Rule 3.1.1. Conformity to Equity.
The pleading and practice procedures shall conform to State Rule 3.1 and, where local rules do not conflict with state rules, shall conform to pleading and practice in the Court of Common Pleas in accordance with Crawford County Civil Rules, unless otherwise provided herein.
Rule 3.2.1. Pleadings.
The pleadings in matters before the Orphans' Court are limited to a petition, (including a petition for a citation or for declaratory relief), an answer (which may include new matter), a reply, preliminary objections and an answer to preliminary objections.
(a) New Matter. Any defense which is not a denial of the averments of fact in the petition shall be set forth under the heading ''New Matter.''
(b) Preliminary Objections.
(1) Preliminary objections are available to any party, but shall be limited to questions of:
(i) law;
(ii) form; or
(iii) jurisdiction.
(2) An answer to preliminary objections is limited to the averments of fact set forth in the preliminary objections.
Rule 3.2.2. Disposition of Pleadings.
(a) Failure to Answer. If the respondent is required to file an answer but fails to do so, all averments of fact in the petition may be deemed by the court to be admitted.
(b) Failure to Reply. If the petitioner is required to file a reply to an answer which contains new matter and fails to do so, the averments of fact set forth in the new matter may be deemed admitted and the case will be at issue.
(c) Failure to File an Answer to Preliminary Objections. If a party is required to file an answer to preliminary objections and fails to do so, the averments of fact set forth in the preliminary objections may be deemed admitted by the court and the case will be at issue on the preliminary objections.
Rule 3.4.1. Form. Additional Requirements.
(a) Typing. Endorsements. Every pleading shall be endorsed with the name, address, Pennsylvania Supreme Court Identification Number and telephone number and fax number (if any) of counsel and, where practicable, typewritten and double-spaced or printed. If a party is not represented by counsel every pleading shall be en-dorsed with the name, address and telephone number of that party.
(b) Notice to Plead. A notice to plead shall neither be required nor used where a return day has been fixed in a citation or order as well as in cases where State Rule 3.2 applies (See also 20 Pa.C.S.A. 764). As to any other pleading to which a response is required said pleading shall have endorsed thereon, or included therein as the first page thereof, in a conspicuous place, a notice to defend and notice to plead addressed specifically to each party from whom a response is required. The form as required by Pa.R.C.P. 1018.1 and Pa.R.C.P. 1361 (as said Rules may be in force or hereafter amended) shall be used. (See Pa.R.C.P. 1026).
(c) Signature and Verification. All pleadings shall be signed by the attorney (if any) and verified by at least one of the parties involved. If this is impracticable, they may be signed and verified by someone familiar with the facts, in which case the reason for the failure of the parties to verify shall be set forth.
(d) Decree. Every proposed decree shall bear the caption of the case and shall be attached to the petition.
(e) Consents. The petition shall recite that all necessary consents are attached or shall set forth the names and addresses of the persons who do not consent. The Court may direct that notice be given or that a citation be directed to persons who do not consent to show cause why the prayer of the petition shall not be granted.
(f) Paper Size. No paper or other document may be filed in the Register of Wills or Clerk of Orphans' Court Division other than paper 8 1/2" × 11" in size. The only exception to this Rule is the filing of a Will or Trust.
(g) Cover Sheet. All motions presented at motion court shall include a completed motion court cover sheet in the form required by the Court.
(h) Notice Requirements Prior to Presentation at Motion Court. Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, other than a Rule to Show Cause which grants no relief, opposing counsel and unrepresented parties must be given notice, subject to the following:
(1) Contents of Notice. The notice must give the date and time when the motion or petition will be presented to the Court and must be accompanied by a copy of the proposed motion or petition and order.
(2) Certification of Notice. The motion or petition must contain a certificate signed by counsel or a party that has no counsel, verifying that proper notice was given under this Rule. The certificate shall be in the same or substantially same form as the form contained in the appendix to these rules.
(3) Length of Notice Required. Except where otherwise required under the Local Rules and except in cases of an emergency as determined by the court, the following notice shall be required:
(i) Two (2) full business days' notice must be given by personal delivery or facsimile transmission to each party or their counsel's office,1 or
(ii) Five (5) full business days' notice must be given if notice is by mail.2
(4) Failure to Give Notice. The Court will not enter an Order on a petition or motion with the Certificate of Notice being attached unless a special cause is shown to the Court.
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1 Notice is deemed given when it is received.
2 Mail notice is deemed given when delivered to the postal authorities.
[Pa.B. Doc. No. 03-1930. Filed for public inspection October 3, 2003, 9:00 a.m.]
