DELAWARE COUNTY Local Civil Rule Filing an Account and Exception to Accounts; No. 12-5040 [46 Pa.B. 854]
[Saturday, February 20, 2016]And Now, to wit, this 28th day of January, 2016, it is hereby Ordered and Decreed that Delaware County Local Civil Rule 1534 shall be amended and read as follows:
(a) All trustees, committees, guardians, receivers, assignees for the benefit of creditors and all persons and fiduciaries who shall be under obligation to file an account shall give notice of the filing and the time at which the account will be called for confirmation to all persons in interest of whom the accountant shall have knowledge. Unless otherwise provided by law, the Office of Judicial Support shall give notice once a week for three successive weeks in the Delaware County Legal Journal and one approved newspaper that the account will be presented to the court for confirmation and for an order of distribution at the time stated in the notice, unless exceptions are filed with the Office of Judicial Support before that date. Upon due proof being made of said publication, the accountant or his attorney of record shall present the account in open court on the day fixed in said notice at which time, unless the account is marked ''for information only'', the court may refer the account to an auditor, who shall proceed in manner similar to that prescribed by Rule 1530(3) et seq. or the court may confirm the account nisi, subject to exceptions which may be filed at or before the time of presentation of the account for confirmation. If no exceptions have been filed, the account shall be confirmed as of course without further actions by the court.
If an account is marked ''for information only,'' and no exceptions are filed, it shall not be confirmed but shall remain on file.
Where the court shall sit to make distribution without appointing an auditor, a petition for distribution shall be filed similar in form to petitions for distribution required by the Orphans's Court Division.
Whenever the court shall sit to pass on exceptions to an account or make distribution of any fund, where there has been no auditor appointed, the accountant shall give notice at least 10 days prior to the time fixed for the hearing to all parties in interest, including creditor, by registered mail to their last known address, stating that all persons must prove their claims at such hearing or be barred from participating in the distribution of the fund, and he shall certify to the court that such notice has been given.
Said amended rule shall become effective upon publication on the UJS Portal.
By the Court
CHAD F. KENNEY,
President Judge[Pa.B. Doc. No. 16-272. Filed for public inspection February 19, 2016, 9:00 a.m.]
