Order Adopting Rule 1.99 and Amending Notes to Rules 2.1, 2.4, 2.7, 2.8, 2.10, 3.3-3.6, 3.9-3.11, 3.14, 7.2-7.4, and 8.2 of PA Orphans' Court Rules ( 2018 )

[This is an entirely new rule.]
Rule 1.99. Confidential Information and Confidential Documents. Certification
Unless public access is otherwise constrained by applicable authority, any
attorney, or any party if unrepresented, who files a legal paper pursuant to these rules
with the clerk shall comply with the requirements of Sections 7.0 and 8.0 of the Public
Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts (Policy) including a certification of compliance with the Policy
and, as necessary, a Confidential Information Form, unless otherwise specified by rule
or order of court, or a Confidential Document Form, in accordance with the Policy.
Note: Applicable authority includes but is not limited to statute, procedural rule,
or court order. The Public Access Policy of the Unified Judicial System of
Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) can be
found on the website of the Supreme Court of Pennsylvania at
http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy
provide that the certification shall be in substantially the following form:
I certify that this filing complies with the provisions of the Public
Access Policy of the Unified Judicial System of Pennsylvania:
Case Records of the Appellate and Trial Courts that require filing
confidential information and documents differently than non-
confidential information and documents.
The Confidential Information Form and the Confidential Document Form
can be found at http://www.pacourts.us/public-records. In lieu of the Confidential
Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule
or order permitting the filing of a document in two versions, a “Redacted Version”
and an “Unredacted Version.”
Rule 2.1. Form of Account
…
Note: Rule 2.1 is substantively similar to former Rule 6.1 and Rule 12.15,
except that certain subparagraphs have been reordered and Rule 12.15
and its Official Note have become subparagraph (d).
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Piggy-backed Accounts and limited Accounts are
permitted pursuant to 20 Pa.C.S. §§ 762, 3501.2, and 7799.1.
Rule 2.4. Petition for Adjudication/Statement of Proposed Distribution; Virtual
Representation
…
Note: Although substantially modified, Rule 2.4 is derived from former Rule 6.9.
One modification is to require averments for virtual representation under 20
Pa.C.S. § 751(6) generally and representation in “trust matters” pursuant to 20
Pa.C.S. § 7721 et seq. Another substantial modification is the addition of
subparagraph (e) that requires counsel to sign the petition for
adjudication/statement of distribution attesting that the submitted petition for
adjudication/statement of distribution accurately replicates the Model Form and
subjects counsel to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1
through 1023.4. (See Rule 3.12.)
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: The Supreme Court has adopted form petitions for
adjudication/statements of proposed distribution of a decedent’s estate, trust,
guardian of an incapacitated person’s estate, guardian of a minor’s estate, and
the estate of a principal stated by an agent under a power of attorney. These
form petitions for adjudication/statements of proposed distribution are the
exclusive forms for adjudicating an Account, and consequently, the local court
and clerk must accept these statewide forms and may not accept or allow any
other forms previously permitted under local rules. The exclusive statewide form
petitions for adjudication/statements of proposed distribution appear in the
Appendix and are available electronically at www.pacourts.us/forms under the
For-the-Public category.
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Cover sheets or checklists may be required by local rule as permitted by
Rule 1.8(c).
Rule 2.7. Objections to Accounts or Petitions for Adjudication/Statements of
Proposed Distribution
…
Note: Although substantially modified, Rule 2.7 is derived from former Rule 6.10.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: If the notice received by the objector has a service list
appended to it setting forth the name and address of each interested party who
received the notice under Rule 2.5, the objector must mail his or her objections to
every name and address appearing on the service list.
Rule 2.8. Pleadings Allowed After Objections are Filed
…
Note: Rule 2.8 has no counterpart in former Orphans’ Court Rules.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Preliminary objections to objections are limited in the
grounds that may be raised. Insufficient specificity, failure to conform to law, and
the inclusion of scandalous or impertinent matter, inter alia, are not properly
raised as preliminary objections to objections. (Cf. Rule 3.9 and Pa.R.C.P. No.
1028).
Rule 2.10. Foreign Heirs and Unknown Distributees
…
Note: With only minor modifications, Rule 2.10 is substantively similar to former
Rules 13.2 and 13.3. Former Rule 13.1 has been deleted.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
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Rule 3.3. Contents of All Pleadings; General and Specific Averments
…
Note: Rule 3.3 has no counterpart in former Orphans’ Court Rules, but is derived
from Pa.R.C.P. No. 206.1(c) and Pa.R.C.P. No. 1019.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Rule 3.4. Form of Petition; Exhibits; Consents; Signing and Verification
…
Note: Rule 3.4 is based upon former Rule 3.3 and Rule 3.4, but has been
modified to require averments for virtual representation under 20 Pa.C.S. §
751(6) generally and representation in “trust matters” pursuant to 20 Pa.C.S. §
7721 et seq. Another modification is the addition of subparagraph (d) that
requires petitioner’s counsel to sign the petition, or all of the petitioners to sign
the petition, if unrepresented, thereby subjecting these signatories to rules and
sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Rule 3.5. Mode of Proceeding on Petition
…
Note: Subparagraphs (a) and (b) of Rule 3.5 are derived from former Rule 3.5.
The final sentence of subparagraph (a)(2) is identical to former Rule 3.7(h)(1); it
merely has been relocated to this section. Subparagraphs (c) and (d) of this Rule
have no counterpart in former Orphans’ Court Rules.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Personal jurisdiction is conferred by statute in certain
circumstances. See e.g., 20 Pa.C.S. § 7712. A sheriff does not need to serve the
citation issued by the clerk; instead, any adult person may serve the citation and
file the proof of service in accordance with subparagraph (a)(7) of this Rule 3.5.
See 20 Pa.C.S. § 765. If a citation is not being issued with the petition, then the
petition must be endorsed with a notice to plead. See Rule 3.5(b) and Pa.R.C.P.
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No. 1026. The court, by local rule or by order in a particular matter, may establish
a procedure for rules to show cause as provided in Pa.R.C.P. No. 206.4 et seq.
Rule 3.6. Pleadings Allowed After Petition
…
Note: Rule 3.6 has no counterpart in former Orphans’ Court Rules, but is based,
in part, on Pa.R.C.P. No. 1017.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Any interested party may file a new petition bringing a
new issue or dispute before the court or seeking alternative relief in the same
trust or estate. Motions are permitted in Orphans’ Court Division, and this Rule
3.6 does not prohibit or limit motions practice.
Rule 3.9. Preliminary Objections
…
Note: Rule 3.9 has no counterpart in former Orphans’ Court Rules, but is derived
from Pa.R.C.P. No. 1028.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Preliminary objections raising an issue under
subparagraphs (b)(2), (b)(3), (b)(4), and in some instances (b)(1), may be
determined from the facts of record so that further evidence is not required. In
such situations, the court may summarily decide preliminary objections prior to
the filing of an answer.
…
Rule 3.10. Denials; Effect of Failure to Deny
…
Note: Rule 3.10 has no counterpart in former Orphans’ Court Rules, but is
derived from Pa.R.C.P. No. 1029.
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The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Reliance on subparagraph (c) does not excuse a failure
to admit or deny a factual allegation when it is clear that the respondent must
know whether a particular allegation is true or false. Cf.Cercone v. Cercone, 386
A.2d 1, 4 (Pa. Super. 1978).
Rule 3.11. Answer with New Matter
…
Note: Rule 3.11 has no counterpart in former Orphans’ Court Rules, but is
derived from Pa.R.C.P. No. 1030.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Rule 3.14. Amendment
…
Note: Rule 3.14 has no counterpart in former Orphans’ Court Rules, but is
derived from Pa.R.C.P. No. 1033.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: Rule 3.9(d)(1) provides for amending a pleading after
the filing of preliminary objections.
Rule 7.2. Motion for Judgment on the Pleadings
…
Note: Rule 7.2 has no counterpart in former Orphans’ Court Rules, but is derived
from Pa.R.C.P. No. 1034.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
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Explanatory Comment: The Official Note to Pa.R.C.P. No. 1034 is fully
incorporated by reference herein, except that the court may, but is not required
to, promulgate local rules governing the procedure for these motions.
Rule 7.3. Motion for Summary Judgment
…
Note: Rule 7.3 has no counterpart in former Orphans’ Court Rules, but is derived
from Pa.R.C.P. No. 1035.1 et seq.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: The Notes, Official Note and Explanatory Comments to
Pa.R.C.P. No. 1035.1 et seq. are incorporated by reference herein, except that
the court may, but is not required to, promulgate local rules governing the
procedure for these motions.
Rule 7.4. Injunctions
…
Note: Rule 7.4 has no counterpart in former Orphans’ Court Rules, but is derived
from Pa.R.C.P. No. 1531.
The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
Explanatory Comment: With the repeal of 20 Pa.C.S. § 772, the propriety of
and procedure for obtaining an injunction in an Orphans’ Court matter was
uncertain. This Rule clarifies that an injunction may be requested and issued in
this court. The procedure for requesting the issuance of an injunction shall
conform to the practice set forth in Pa.R.C.P. No. 1531. The Notes and
Explanatory Comments to Pa.R.C.P. No. 1531 are fully incorporated by
reference herein.
Rule 8.2. Motions for Reconsideration
…
Note: The filings required by this rule are subject to the Public Access
Policy of the Unified Judicial System of Pennsylvania: Case Records of the
Appellate and Trial Courts. See Rule 1.99.
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Explanatory Comment: The period for filing an appeal is not tolled by the filing
of a motion for reconsideration unless the court grants the motion for
reconsideration prior to the expiration of the appeal period. See Pa.R.A.P.
1701(b)(3). Interlocutory orders may be reconsidered anytime during the
pendency of the proceeding. See Key Automotive Equip. Specialists, Inc. v.
Abernethy, 636 A.2d 1126, 1128 (Pa. Super. 1994); 42 Pa.C.S. § 5505.
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