[34 Pa.B. 2289]
[Continued from previous Web Page] Rule 6. Guilty Pleas During Trial Term
If a case on the Trial Priority List is to be presented as a guilty plea during the trial term, it must be presented when it is assigned to a courtroom.
Rule 10. Business Judge
The District Court Administrator shall designate the daily Business Judge. Motions and petitions, not otherwise covered by these Rules for presentation to the Court, shall be forwarded to the Business Judge by the Clerk of Courts or may be presented by counsel directly to the Business Judge by appointment.
Rule 120. Attorneys--Appearances and Withdrawals
A. Counsel for the defendant shall file an appearance in writing in all cases with the Clerk of Courts at or before the time of arraignment. An appearance shall be filed immediately if employment follows arraignment.
B. No appearance may be withdrawn except by leave of Court unless an appearance by another attorney is entered. The delay or continuance of a case listed for trial shall be considered by the Court in ruling upon motions to withdraw an appearance.
C. Once an appearance has been entered, counsel shall represent the defendant through sentencing.
D. Except as provided in E, after a case has been returned to Court, any motion filed by counsel shall be deemed an entry of appearance.
E. In any ancillary proceeding such as a bail petition, motion for return of seized property, probation or parole violation or ARD revocation, an appearance of counsel shall be limited to that proceeding if the appearance so indicates.
Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option
The District Attorney having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants for the crimes listed below, shall not hereafter be issued by any judicial officer, unless the search warrant applications have the approval of an attorney for the Commonwealth before filing:
A. Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;
B. Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;
C. Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;
D. Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;
E. Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732;
F. Homicide by Vehicle While Driving Under Influence in violation of 75 Pa.C.S.A. Section 3735;
G. Rape in violation of 18 Pa.C.S.A. Section 3121;
H. Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;
I. Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;
J. Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;
K. Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;
L. Crimes Against Unborn Child in violation of 18 Pa.C.S.A. Chapter 26;
M. Arson in violation of 18 Pa.C.S.A. Section 3301;
N. Obscene and Other Sexual Materials in violation of 18 Pa.C.S.A. Section 5903; and
O. Violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. Section 780-113(30) (Delivery or Possession with Intent to Deliver a Controlled Substance).
Rule 311A. ARD Application Process
A. Accelerated Rehabilitative Disposition (ARD) applications shall be submitted to the Office of the District Attorney using the approved form. A defendant shall simultaneously submit a Motion for Trial Continuance and Waiver using the approved form. A defendant shall be notified by first class United States mail of acceptance or rejection. A defendant whose application has been accepted shall be listed for an ARD hearing on the first available date. A defendant whose application has been rejected shall be placed on the next pre-trial conference list.
B. Application for non-DUI related ARD may be made anytime prior to formal arraignment.
C. Applications for DUI related ARD shall be submitted to the Office of the District Attorney within thirty days of the filing of the criminal complaint. Additionally, within thirty days of the filing of the criminal complaint, a defendant shall waive the preliminary hearing and schedule a Court Reporting Network evaluation. Qualification information and further application requirements may be obtained by contacting the Office of the District Attorney.
Rule 421A. Approval of Private Criminal Complaints for Summary Bad Check Charges by Attorney for the Commonwealth
The District Attorney having filed a certification pursuant to Pa.R.Crim.P. 421 and its Comments, summary private criminal complaints, in which the affiant is not a law enforcement officer, as defined in Pa.R.Crim.P. 103, and which charge the crime of BAD CHECKS, 18 Pa.C.S.A. § 4105, shall not be submitted to any issuing authority unless the private criminal complaint has been reviewed and has been approved by an attorney for the Commonwealth.
Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option
The District Attorney having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging the crimes listed below, shall not hereafter be accepted by any judicial officer, unless the complaints and affidavits have the approval of an attorney for the Commonwealth before filing:
A. Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;
B. Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;
C. Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;
D. Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;
E. Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732;
F. Homicide by Vehicle While Driving Under Influence in violation of 75 Pa.C.S.A. Section 3735;
G. Rape in violation of 18 Pa.C.S.A. Section 3121;
H. Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;
I. Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;
J. Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;
K. Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;
L. Crimes Against Unborn Child in violation of 18 Pa.C.S.A. Chapter 26;
M. Arson in violation of 18 Pa.C.S.A. Section 3301;
N. Obscene and Other Sexual Materials in violation of 18 Pa.C.S.A. Section 5903; and
O. Violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. Section 780-113 (30)(Delivery or Possession with Intent to Deliver a Controlled Substance).
Rule 528. Use of Realty to Satisfy Monetary Condition of Release on Bail
A. When realty located in Lancaster County is offered as security for bail of $10,000 or less, such security must include an affidavit of all record owners and must recite the fair market value of the realty, all liens and the balance of each lien.
B. When realty located in Lancaster County is offered as security for bail greater than $10,000, such security must include a certification of an attorney, a title insurance company or a title abstracting company and must identify all record owners, all liens and the balance of each lien. The certification must be accompanied by an appraisal by a licensed appraiser conducted within thirty days of the date the realty is offered as security.
C. When realty located outside Lancaster County is offered as security for bail in any amount, such security must include the certification and appraisal described in B.
Rule 529. Modification of Bail Order Prior to Verdict
A. Upon filing any motion to modify or reinstate bail, the moving party shall schedule a conference with the business judge by communicating directly with such judge's chambers. An unopposed motion may be presented to the business judge at any time provided that it contains written verification by the opposing party of the lack of opposition.
B. The conference may occur in chambers or in the courtroom at the discretion of the business judge.
C. At least twenty-four hours before the conference, the moving party shall serve a copy of the motion on the opposing party or counsel for the opposing party, including notice of the date, time and place of the conference.
D. For purposes of this rule, ''business judge'' is the assigned business judge on the date of the scheduled conference.
E. All orders modifying or reinstating bail shall be filed immediately with the Clerk of Courts. In cases pending in Court or in an appellate court, the Clerk of Courts shall immediately serve the Lancaster County Prison a copy of the order by facsimile or other electronic means when the order accomplishes any of the following:
1. reinstates bail to a monetary condition where the bail has previously been posted and not withdrawn;
2. reinstates bail to ROR, unsecured or a non-monetary condition; or
3. modifies bail to ROR, unsecured or a non-monetary condition.
In all other cases pending before the Court or in an appellate court, the Clerk of Courts, unless the Court explicitly orders to the contrary, shall not be required to serve the Lancaster County Prison a copy of the order until the actual satisfaction of the full amount of any monetary condition of bail.
F. In cases pending before a district justice, service of an order on the district justice may be effected by any of the following:
1. the Clerk of Courts' delivery of a certified copy by regular or interdepartmental mail;
2. the moving party's personal service of a certified copy at the regular office of the district justice; or
3. the moving party's transmitting a copy to the district justice by facsimile or other electronic means and simultaneously sending a certified copy to the district justice by regular or interdepartmental mail.
G. In cases pending before a district justice when the Court has modified bail, the district justice shall issue a new bail bond in either of the following:
1. the district justice's directing a constable to transport the defendant to the office of the district justice, whereupon the defendant can execute the new bail bond; or
2. where the modified bail does not have a monetary condition, the district justice shall transmit by facsimile a new bail bond to the Lancaster County Prison, whereupon prison personnel shall act as the authorized agent of the district justice and secure the defendant's execution of the new bail bond.
A defendant proceeding under G(2) shall comply with F(3) and shall serve a certified copy of the order on the Lancaster County Prison.
H. Nothing in this rule shall affect the right of the Commonwealth or the defendant to request a bail hearing.
Rule 530. Duties and Powers of a Bail Agency
A. Pursuant to Pa.R.Crim.P. 530, the Court designates the Office of Bail Administration and Pre-Trial Services as the bail agency.
B. The bail agency, after investigating and concluding that a defendant is appropriate for release on bail, may present a motion to modify or reinstate bail. The bail agency may act on behalf of defendants who are incarcerated on bench warrants or who are unable to post the monetary amount of bail.
C. If the issuing authority sets bail which includes supervision by the bail agency, the issuing authority shall require the defendant to complete the bail agency's supervision form.
Rule 570. Pre-trial Conference
A. Scheduling of pre-trial conference
1. After the information is filed, the District Court Administrator shall schedule a pre-trial conference.
The District Court Administrator shall provide notice of the pre-trial conference to counsel no later than seven days before the conference and shall provide notice to pro se defendants pursuant to Pa.R.Crim.P. 113.
2. A pre-trial conference for a homicide case shall be governed by Local Rule 570A.
B. Appearances required
The attorney for the Commonwealth and the attorney for the defendant or the pro se defendant shall appear at the pre-trial conference.
C. Certification for trial
A case may be certified ready for trial by the attorneys for the Commonwealth and the defendant (or the pro se defendant) at the pre-trial conference.
When a case is certified ready for trial, it shall not be scheduled for any further pre-trial conferences.
D. Continuance
A continuance request made at the pre-trial conference must be in writing and shall state the position of the opposing attorney.
E. Guilty plea
1. If the status of a case is a guilty plea, the guilty plea must be scheduled at the pre-trial conference.
2. A defendant may plead guilty at the pre-trial conference at the discretion of the Court.
F. Status order
The Court shall issue a status order at the pre-trial conference. Copies shall be provided to all parties and the District Court Administrator.
Rule 570A. Assignment and Trial of Homicide Cases
A. The assignment and trial of any criminal case in which one or more of the offenses charged is any grade or type of homicide, including homicide by vehicle and homicide by vehicle while driving under the influence, shall be conducted in accordance with the provisions of this rule.
B. Homicide cases shall be assigned to a trial judge by the President Judge. All matters thereafter shall be the responsibility of the trial judge.
C. Pre-trial conferences shall be scheduled by the trial judge and shall not be included on the regularly scheduled criminal pre-trial conference lists.
D. Additional pre-trial conferences may be scheduled at the discretion of the trial judge. The trial judge shall issue a final pre-trial order establishing a firm trial date and containing any further final instructions. Once set, the firm trial date shall not be continued except for extraordinary circumstances.
E. Copies of all pre-trial orders shall be provided to the President Judge, the District Court Administrator and counsel.
Rule 571. Arraignment
A. The District Attorney shall conduct arraignment pursuant to Pa.R.Crim.P. 571(C). A plea of not guilty shall be entered on behalf of the defendant unless the defendant states an intent to enter a plea of guilty.
B. Arraignment shall take place at least thirty days prior to trial, unless a defendant and defense counsel agree otherwise.
C. A defendant and defense counsel may waive arraignment and enter a plea of either guilty or not guilty by filing a written waiver of arraignment. The form for the waiver is available in the Office of the District Attorney. To waive arraignment, the written waiver must either be filed in the Clerk of Courts Office or be delivered to the Office of the District Attorney by noon on the day before the scheduled arraignment date or at the time of arraignment. An unrepresented defendant must appear at arraignment.
Rule 575A. Motions Other Than Bail
Motions not otherwise governed by Pennsylvania Rules of Criminal Procedure or these rules shall be submitted as follows:
A. Upon filing any motion requiring a conference in the Court, the moving party shall schedule the conference with the business judge by communicating directly with such judge's chambers. An unopposed motion may be presented to the business judge at any time provided that it contains written verification by the opposing party and, if applicable, the probation or parole officer, of the lack of opposition.
B. The conference may occur in chambers or in the courtroom at the discretion of the business judge.
C. At least twenty-four hours before the conference, the moving party shall serve a copy of the motion on the opposing party or counsel for the opposing party, including notice of the date, time and place of the conference. In emergency matters in which it is not possible to provide twenty-four hours notice, the moving party shall provide opposing counsel with a copy of the motion as soon as possible prior to the scheduling of the conference.
D. For purposes of this rule, ''business judge'' is the assigned business judge on the date of the scheduled conference.
E. After decision on the motion, the motion and order shall be filed immediately with the Clerk of Courts.
F. Motions which may be submitted ex parte pursuant to the Pennsylvania Rules of Criminal Procedure and which require a Court order shall be submitted directly to the business judge or the judge assigned to the case.
Rule 575B. Uncontested and Ex-parte Motions
A. If the relief requested in a motion is not opposed, counsel for the moving party shall certify that opposing counsel and, if applicable, the probation or parole officer, do not object to the relief requested. The motion shall be submitted to the business judge or judge to whom the case has been assigned.
B. Motions which may be submitted ex-parte shall be submitted to the business judge or the judge to whom the case has been assigned.
Rule 590. Pleas and Plea Agreements
A. Guilty pleas shall be scheduled with the guilty plea secretary in the Office of the District Attorney. When scheduling the guilty plea, counsel shall inform the guilty plea secretary if and where the defendant is incarcerated. Once a guilty plea date is obtained, the defendant or counsel must file with the District Attorney a Request to Schedule a Guilty Plea in the form provided by the District Attorney.
B. Once a guilty plea is scheduled, it may be removed from the guilty plea list at anytime up to seven days before the scheduled date by notifying the guilty plea secretary. If the defendant or counsel elects to remove the guilty plea from the list within seven days of the scheduled date, the defendant must personally appear on the scheduled date to request a continuance from the Court.
C. Prior to entering a guilty plea, a defendant shall complete and sign a written guilty plea colloquy on the form provided by the District Attorney. The form shall be presented to the Court at the time of the guilty plea hearing.
Rule 604. Opening Statements and Closing Arguments
A. Opening statements shall be limited to a brief statement of the party's case and the facts to be adduced in support thereof and shall not include any argument concerning the facts or the law applicable thereto.
B. The length of closing arguments may be regulated by the trial judge, but any time limitation shall be made known to all counsel before the closing arguments begin.
Rule 620. Waiver of Jury Trial
A waiver of jury trial shall be in compliance with Pa.R.Crim.P. 620 and on the form provided by the District Attorney.
Rule 631. Examination and Challenges of Trial Jurors
Unless a specific method is required by statute or general rule, the trial judge shall determine the method of examination and challenges of trial jurors, giving due consideration to the nature and circumstances of the case.
Rule 647. Requests for Instructions, Charge to the Jury and Preliminary Instructions
Written requests for instructions to the jury shall contain citations to the authority relied upon and shall be submitted at the time set by the trial judge. Case and article citations shall be pinpoint. The failure to submit written requests for instructions to the jury at the time set may be deemed a waiver of the right to do so unless the trial judge determines otherwise in the interests of justice.
RULES OF JUVENILE COURT PROCEDURE
DELINQUENCY Rule 1. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules of Juvenile Court Procedure--Delinquency.
Rule 2. Scope of Rules
These rules govern actions alleging delinquency pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
Rule 3. Scheduling
All juvenile court delinquency matters, with the exception of transfer hearings which are governed by Local Rule 394, shall be scheduled by the Office of Juvenile Probation.
Rule 112. Continuances
A. All requests for continuances or time changes must be submitted on the approved District Court Administration continuance request forms to the District Court Administrator no later than five business days before the scheduled hearing in all transfer proceedings and two business days before the scheduled hearing in all other juvenile proceedings.
B. In the case of an initial continuance request, the moving party shall indicate whether or not the opposing party is in agreement. In the case of second and subsequent continuances of the same juvenile adjudication, the moving party shall include a signed statement of the opposing counsel indicating either agreement with or opposition to the continuance request.
C. All other continuance requests must be presented in person to the presiding judge at the scheduled proceeding to which the continuance request pertains.
Rule 394. Transfer Hearing
All dates for transfer hearings pursuant to 42 Pa.C.S.A. § 6322 (Transfer from Criminal Proceedings) and 42 Pa.C.S.A. § 6355 (Transfer to Criminal Proceedings) shall be set by the District Court Administrator.
DEPENDENCY Rule 1. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules of Juvenile Court Procedure--Dependency.
Rule 2. Scope of Rules.
These Rules govern actions alleging dependency pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
Rule 3. Commencement of Action. Petition.
A. Petitions shall conform to the provisions of Section 6334 of the Juvenile Act and shall be filed with the Clerk of Courts.
B. After filing, the Clerk of Courts shall forward the petition to the juvenile judge for scheduling a hearing.
C. Petitioner shall serve copies of the petition and the order scheduling a hearing on all parties as set forth in the Juvenile Act or as ordered by the Court.
D. Petitioner shall file proof of service before or at the hearing.
Rule 4. Juvenile Dependency Business Court.
A. Petitions and motions after the filing of the original action shall be presented in Juvenile Dependency Business Court.
B. Copies of each petition or motion shall be served on all parties at least two business days before the presentation to the Court and as provided by Pa.R.C.P. No. 440. A proposed rule or order shall be attached as the first page, and a proof of service shall be attached as the last page.
Rule 5. Master's Hearing. Record. Master's Findings and Recommendations.
A. With the consent of all parties, the Court shall appoint a master who shall conduct hearings as directed by the Court. A stenographic record shall be made. The Master's Findings and Recommendations shall be presented to the juvenile judge on a form provided therefor with a Recommended Order for the Court's approval. The Court shall enter an appropriate Order. The Clerk of Courts shall serve copies of the Order and the Master's Findings and Recommendations on all parties.
B. If all parties do not consent to hearings before a master, the juvenile judge shall hear the action.
Rule 6. Exceptions. Request for Hearing. Scheduling of Hearing.
A. Exceptions to the Master's Findings and Recommendations or the Court's Order and a request for a hearing before the Court shall be filed with the Clerk of Courts within ten days after receipt of the Master's Findings and Recommendations and the Court's Order. Exceptions shall specify the reasons in detail. The party filing exceptions and request for a hearing shall serve copies of the exceptions and request on all parties and file proof of service.
B. The Clerk of Courts shall promptly transmit the request for a hearing to the Court Administrator.
C. If no request for a hearing is filed within ten days of receipt of the Master's Findings and Recommendations and the Court's Order, the Court's Order shall become final.
Rule 7. Notes of Testimony.
The hearing before the Master shall not be transcribed except by order of the Court. In any such order, the Court shall fix responsibility for the payment of the costs of a transcript.
Rule 8. Form of Hearing. Use of Record.
The Court may conduct a hearing de novo or may hear only matters in dispute. The Court may adopt in whole or in part the factual record, if any, of the Master's hearing or the Master's findings or fact.
RULES OF ORPHANS' COURT Rule 1. Judges--Local Rules
Rule 1.2. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules of Orphans' Court and may be cited as ''L.C.R.O.C. No. .''
Rule 3. Pleadings and Practice
Rule 3.2. Pleadings
Pleadings shall be limited to a petition, an answer, new matter, a reply to new matter, preliminary objections and an answer to preliminary objections.
Rule 3.6. Depositions, Discovery, Production of Documents and Perpetuation of Testimony
No discovery or perpetuation of testimony is permitted except by petition for leave of Court or by agreement of the parties.
A. A petition shall set forth the nature of the discovery sought, the reasons why the discovery is necessary and the time period within which discovery is to be completed. Upon receipt of a petition, any other party seeking discovery shall file a petition within five days unless all parties agree to proceed under 3.6B.
B. Parties may request leave of court to conduct discovery by agreement. The agreement shall be signed by counsel and shall describe the proposed discovery and shall state the time for completion.
Rule 3.7. Pre-trial Conferences
The Court, sua sponte or on motion of any party, may order a pre-trial conference to consider:
A. The simplification of issues.
B. The necessity or desirability of amendments to the pleadings.
C. Stipulations or admissions of facts or documents.
D. Such other matters as may aid in the disposition of the action.
Rule 3.8. Trust Inter Vivos
Any party requesting the Court to exercise jurisdiction over an inter vivos trust first shall file with the Clerk of the Orphans Court the original of the trust instrument and any amendments thereto or a copy certified by counsel to be true and correct.
Rule 6. Account and Distribution
Rule 6.1. Accounts
Accounts shall be prepared in substantial conformity to accounting forms approved by the Supreme Court of Pennsylvania.
Rule 6.3. Notice of Audit of Account
Notice shall be given at least twenty days prior to the audit, and a copy of the form of notice shall be filed before or at the audit. In addition to the requirements of Pa. O.C. Rule 6.3, notice shall include the following:
A. Except as to legatees or claimants whose legacies or claims have been or will be paid in full, either that a copy of the account and a copy of the will or trust instrument will be sent upon request or the location where a copy of the same is available for inspection, and that any persons who object to the transactions shown in the account must either (1) file written objections in conformity to Rule 6.10 prior to audit or (2) appear in person or by counsel at the audit under penalty that the Court may otherwise conclude that no objection exists; and
B. The accountant's interpretation of any dispute, or fairly disputable question, which will be presented to the Court; a copy of the instrument or material parts relevant to the dispute; and a statement that, if the person notified does not agree with the accountant's interpretation, the person must appear at the audit or by counsel to present the contention, under penalty for failure to appear that the Court will conclude that the persons agrees with the accountant's interpretation; and
C. Notice to a claimant shall include: the accountant's understanding of the nature of the claim; whether the claim is admitted or contested; if admitted, whether it will be paid in full or in part, or, if contested, that failure by the claimant to appear at the audit in person or by counsel may result in the court concluding the claimant has elected not to press the claim.
Rule 6.4. Time of Filing Account and Call of Audit List
A. Accounts to appear on a particular audit list must be filed not later than noon of the third Wednesday preceding the session of court when that audit list will be called. When that Wednesday falls on a holiday, accounts must be filed not later than noon of the preceding business day.
B. The audit list will be called on the first Tuesday of every month except July, August and September. In September, the audit list will be called on the third Tuesday.
Rule 6.6. Compliance with Local Rules
Accounts received by the Court for audit found to violate any provisions of these rules may be returned unaudited to the Clerk of the Orphans Court pursuant to Court order.
Rule 6.9. Petition for Adjudication
A petition for adjudication shall be filed and served no later than seven days prior to the audit, using forms supplied by the Clerk of the Orphans Court or reproductions thereof. The petition shall include a schedule of proposed distribution in sufficient detail to provide the basis for the Court's decree of distribution. The petition shall be signed and sworn or affirmed to by at least one accountant. Any accountant objecting shall comply with Rule 6.10.
Rule 6.10. Written Objections to Accounts
A. Form. Written objections to accounts shall be numbered consecutively and signed by the objector or his attorney. Each objection shall:
1. Be specific as to description and amount.
2. Contain as far as practicable only one material allegation.
3. Set forth briefly the reason or reasons in support thereof.
B. Time of Filing. Objections may be filed with the Clerk of the Orphans Court on any day prior to the day when the account objected to is listed for audit, or at, but not later than, such audit.
C. Service. A copy of the objections shall be served without delay after filing on accountant's attorney or on the accountant promptly.
D. Continuance of Audit. When objections to an account have been filed, the audit of the account will be continued, upon call of the audit list, to a day fixed by the Court for auditing the account and hearing the objections.
Rule 6.13. Memorandum for Audit
Amendments to the account, such as additional receipts and disbursements, and any other pertinent information may be brought before the Court by a memorandum for audit. Where appropriate, the memorandum for audit shall be in accounting form and contain a revised computation of the balance for distribution.
Rule 6.14. Tax Certificate
A form pertaining to Pennsylvania inheritance tax liability is available in the office of the Clerk of the Orphans Court and shall be completed, signed by counsel for the accountant or the accountant and filed prior to the closing of the audit.
Rule 10. Register of Wills
Rule 10.2. Appeal
A. Anyone desiring to appeal from a judicial act or proceeding of the Register of Wills shall file with the Register a Notice of Intention to Appeal using the form supplied by the Register.
B. After the Notice of Intention to Appeal has been filed with the Register, the Register shall certify the record to the Court.
C. Within thirty days after the filing of the Notice of Intention to Appeal, appellant shall file a Petition for Citation Sur Appeal with the Clerk of the Orphans Court. The petition shall set forth the grounds for the appeal, the names and addresses of all interested parties and the necessary jurisdictional facts. If the petition sets forth a prima facie case, the Court shall award a citation directed to all parties in interest to show cause why the appeal should not be sustained and the act or proceeding of the Register set aside. If the petition is not filed within thirty days after the filing of the Notice of Intention to Appeal, the appeal shall be deemed abandoned without prejudice to the right of any party to file another appeal within the statutory period for taking an appeal.
Rule 12. Special Petitions
Rule 12.2. Allowance to Surviving Spouse of Intestate Appraisal of Property
Where the allowance is claimed from property at valuations agreed upon by all parties in interest, no formal appraisal is required. If an appraisal is needed, the manner of appraising, or of filing and confirming the appraisal, and of advertising or giving notice thereof shall be by special order in each case.
Rule 12.5. Appointment of a Guardian for the Estate or Person of a Minor Appearance in Court
Unless required by the Court, the appearance of the minor in Court for the appointment of a guardian of his estate is not required.
Rule 12.9A. Public Sale of Property. Contents of Petition--Additional Requirements
A. Personal Representative. The petition of a personal representative to sell real or personal property at public sale (in addition to the requirements of Pa. O.C. Rule 12.9) shall set forth in separate paragraphs:
1. The name, residence and date of death of the decedent; whether the decedent died intestate or testate; and the date of the grant of Letters.
2. That the personal representative is not otherwise authorized to sell by statute, or is denied the power to do so by the will or that it is desirable that the sale have the effect of a judicial sale, stating the reasons.
3. Whether an inventory and appraisement has been filed; the total value of the property shown therein; and the value at which the property to be sold was included therein.
4. If the personal representative posted bond, the name of the surety and the amount of such bond.
5. The names and relationships of all parties in interest; a brief description of their respective interests; and whether any of them are minors, incapacitated persons or deceased, and, if so, the names of their fiduciaries, if any;
6. For real property, any improvements, by whom it is occupied, its rental value and current tax assessment.
7. Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
B. Trustee. The petition of a trustee to sell real or personal property at public sale (in addition to the requirements of Pa. O.C. Rule 12.9) shall set forth in separate paragraphs:
1. How title was acquired, stating the date and place of probate of the will or recording of the deed.
2. A recital of the relevant provisions of the will or deed pertaining to the property to be sold.
3. The names and relationships of all parties in interest; a brief description of their respective interests; whether any of them are minors, incapacitated persons or deceased, and, if so, the names of their fiduciaries, if any;
4. For real property, any improvements, by whom it is occupied, its rental value and the current tax assessment;
5. That the trustee is not otherwise authorized to sell by statute, or is denied the power by the trust instrument or that it is desirable that the sale have the effect of a judicial sale, stating the reason; and
6. Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust,
C. Guardian of a Minor or an Incapacitated Person. The petition of a guardian to sell real or personal property at public sale (in addition to the requirements of Pa. O.C. Rule 12.9) shall set forth in separate paragraphs:
1. The age of the minor or incapacitated person.
2. The names of those who would be entitled to take under the intestate laws and the notice given them of the presentation of the petition.
3. How title was acquired, stating the date and place of probate of the will or recording of the deed.
4. A recital of the relevant provisions of the will or deed pertaining to the property to be sold.
5. The nature and extent of the interest of the minor or incapacitated person, and of other persons in the real property.
6. For real property, any improvements on the property, by whom it is occupied, its rental value and current tax assessment; and
7. Sufficient facts to enable the Court to determine that the sale will be for the best interests of the minor or incapacitated person.
Rule 12.9B. Public Sale of Real Property. Notice. Return
A. Notice. After the allowance of a petition for the public sale of real property, notice shall be by personal service or certified mail to such parties in interest as the Court may direct in its decree.
B. Return. Returns of public sales of real property for the purpose of approval or confirmation by the Court shall be on the form provided by the Register of Wills.
C. Security. On the return day of the sale, the Court, in the decree approving or confirming the sale, shall fix the amount of bond or additional security which the personal representative, trustee or guardian shall be required to enter or will excuse the fiduciary from entering additional security.
Rule 12.10A. Private Sale of Real Property or Options Therefor. Contents of Petition--Additional Requirements. Exhibits
A. Additional Requirements. When it is required that a personal representative, trustee or guardian petition the Court to sell real property at private sale, the petition shall conform as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale.
B. Exhibits. The following exhibits must be attached to the petition by a personal representative, trustee or guardian:
1. A copy of the will, deed or decree by which the fiduciary was appointed.
2. Any consents or joinders of parties in interest, and the names and a copy of the notice which has been given to those parties who do not consent or join.
3. A copy of the agreement of sale.
4. Affidavits as to value by two real estate appraisers in the form prescribed by Pa. O.C. Rule 12.10(b).
Rule 12.11. Mortgage or Lease of Real Property. Additional Requirements
A. Contents of Petition. A petition to mortgage or lease real property shall: conform as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale; set forth the amount and terms of the proposed mortgage loan or lease; and set forth facts to enable the Court to determine whether the mortgage should be approved.
B. Exhibits. The following exhibits shall be attached to the petition:
1. A copy of the will, deed or decree by which the fiduciary was appointed.
2. Any consents or joinders of parties in interest, and the names and a copy of the notice which has been given to those parties who do not consent or join.
C. Security. The amount of the bond or additional security required to be entered, or the waiver thereof, will be determined by the Court in its decree approving the mortgage.
Rule 12.16. Settlement of Small Estates on Petition
A. Contents of Petition. In addition to any requirements set forth under Section 3102 of the Probate, Estates and Fiduciaries Code, as amended, or any subsequent legislation relating thereto, petitions presented to the Court for the settlement of small estates shall contain the following averments:
1. The standing of the petitioner.
2. The date and place of death as well as the residency of the decedent.
3. Whether or not the decedent died testate, and
(i) the names, addresses, ages and relationships of the decedent's heirs under Pennsylvania intestate laws or beneficiaries under decedent's last will and testament.
4. The nature and value of the assets comprising the decedent's gross probate estate.
5. A statement of all known liabilities of the estate and the source of their payment.
6. A schedule of proposed distribution.
B. Exhibits.
1. If the decedent died testate, the original will must be attached to the petition as an exhibit.
2. A death certificate must be attached as an exhibit.
C. Notice. Notice of intention to present the petition shall be furnished to all parties in interest as provided under Pa. O.C. Rule 5.3.
Rule 12.17. Change of Situs of Trust
A petition for transfer of situs of any testamentary or inter vivos trust filed by a trustee or any party in interest shall set forth the following:
A. The name of the decedent or settlor and the date of the creation of the trust estate.
B. The names and addresses of all parties in interest and whether they are sui juris and join in the prayer of the petition.
C. The names and addresses of all fiduciaries.
D. A statement whether all taxes due the Commonwealth of Pennsylvania and its political subdivisions have been paid or provided for.
E. The reasons why the change of situs is necessary or desirable.
F. The name and address of a successor trustee, if appropriate, and the court which will have jurisdiction over the trust.
G. The place where the trust instrument is recorded.
H. A statement of what actions will be taken in the other jurisdiction causing the appropriate court to accept jurisdiction of the trust.
Rule 12.18. Allowance from Minor's Estate. Contents of Petition
A petition for allowance from a minor's estate shall set forth:
A. The manner of the guardian's appointment and the date thereof.
B. The age and residence of the minor, whether the minor's parents are living, with whom the minor resides and the name and age of the minor's spouse and children, if any.
C. The value of the minor's estate, real and personal, and the net annual income.
D. The circumstances of the minor: whether employed or attending school; the name and address of the person charged with the duty to support the minor and, if that person is living, the financial condition and income of such person and why he is not discharging the duty to support the minor; and whether there is adequate provision for the support and education of the minor, his spouse and children.
E. The date and amount of any previous allowance by the Court.
F. The financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary.
Rule 13. Distribution--Special Situations
Rule 13.1. Representation by Counsel
At the time of counsel's entry of appearance for a foreign distributee or claimant, a valid, duly authenticated power of attorney executed by the foreign distributee or claimant in favor of counsel shall be filed with the Clerk of the Orphans Court.
Rule 13.2. Report by Fiduciary
If it appears that the existence, identity or whereabouts of a distributee is unknown, the report required under Rule 13.3 of the Pa. O.C. Rules shall be filed at or before the audit of the account. Upon examination of such report, the Court may:
A. Require the fiduciary to make further investigation.
B. Appoint a master
C. Direct distribution pursuant to 20 Pa.C.S.A. § 3540.
D. Take other action appropriate under the circumstances.
Rule 15. Adoptions
Rule 15.1. Local Rules
A. These Rules are adopted under the option given by Rule 15.1 of the Pa. O.C. Rules to adopt local rules. These Rules may be modified in a particular case by a special order of the Court.
B. Petitions which require a hearing shall have a preliminary decree attached for the purpose of setting a hearing date, specifying persons to whom and the manner in which notice is to be given and, in the case of an adoption petition, indicating which agency is to make the required investigation. Petitions shall be signed by the petitioners and by counsel and shall be verified.
C. In every proceeding where the Pa. O.C. Rules or the Adoption Act require the adoptee's birth certificate to be exhibited to the Court, the birth certificate shall show the names of the mother and father if that information is recorded. If the name of the father is not recorded, but there is a claim of paternity under Section 8303 of the Adoption Act, such information shall be provided to the Court.
D. In all proceedings under the Adoption Act, counsel for petitioners shall present at the time of the hearing a proposed decree. In any proceeding for voluntary relinquishment of parental rights, confirmation of consent or involuntary termination of parental rights, at the time of the hearing, counsel shall present the notices to the birth parents concerning their right to place information on file with the Court and with the Department of Public Welfare or the Division of Vital Records, together with a stamped envelope addressed to each birth parent.
E. At the time of the hearing the return of notice shall be by affidavit of the person serving, mailing, publishing or delivering such notice.
F. In any proceeding for voluntary relinquishment of parental rights, confirmation of consent, involuntary termination of parental rights or adoption in which a parent whose parental rights are to be relinquished or terminated is a minor, is incarcerated or is in military service, counsel for petitioner shall provide in the preliminary decree for the appointment of counsel to represent such parent.
G. Special requests for scheduling shall be submitted to the Court.
H. If the person to be adopted is an adult, no investigation by an agency shall be required. The preliminary decree shall provide for notice of the proposed adoption to the biological parents unless the Court waives this requirement for good cause.
Rule 15.2. Voluntary Relinquishment to Agency
A. Representatives of agencies who have acted as intermediaries shall appear at the hearing unless excused by the Court.
B. The Court may allow a relinquishment or termination of parental rights by one parent to be conditioned upon relinquishment or termination of parental rights of the other parent of the child intended to be adopted.
Rule 15.3. Voluntary Relinquishment to Adult Intending to Adopt Child
A. Individuals who have acted as intermediaries shall appear at the hearing unless excused by the Court.
B. The Court may allow a relinquishment or termination of parental rights by one parent to be conditioned upon relinquishment or termination of parental rights of the other parent of the child intended to be adopted.
Rule 15.4. Involuntary Termination of Parental Rights
A. When the Court appoints counsel to represent a child in an involuntary termination proceeding, the cost shall be paid in such manner as the Court directs.
B. In any proceeding where a petition for involuntary termination of parental rights is either granted or denied, the Clerk shall promptly, by first class, mail a certified copy of the decree to all parties at their last known addresses and to their attorneys of record.
Rule 15.5. Adoption
A. The original and one copy of a petition for adoption shall be filed with the Clerk with the required fee.
B. All necessary exhibits such as birth certificates and consents to adoption shall be attached to the petition for adoption unless previously filed with the Report of Intermediary.
C. All consents to adoption shall be in the form required by the Adoption Act and shall be completed with exactitude.
D. The certificate of adoption form furnished by the Bureau of Vital Statistics of the Pennsylvania Department of Health shall be submitted to the Court at the adoption hearing.
E. The report concerning disclosure of fees and costs required by Pa. O.C. Rule 15.5(d) shall be submitted to the Court at the adoption hearing.
F. The statements set forth in the petition for adoption shall be investigated by an agency designated by the Court. The fee for the report of investigation shall be taxed as costs to the adopting parent or parents and is payable directly to the agency.
G. Notice of the adoption hearing shall be given to each person whose consent to the adoption is required and to such other persons directed by the Court.
H. If the person to be adopted is an adult and a change of name is desired, the petitioner shall present evidence of compliance with the law relating to change of name. The petition shall be captioned Petition for Adoption and Change of Name.
Rule 15.6. Notice; Method and Time
A. If the identity of any person whose parental rights are to be terminated is unknown or cannot be determined, the petition shall include an affidavit setting forth in detail the basis for such allegations. The Court may require further testimony.
B. In any proceeding in which notice is to be given to one or more persons by publication, a separate petition shall be submitted to the Court setting forth in detail the efforts made to determine the address of the person to be notified and the results of such efforts.
The decree authorizing service by publication in the location of the last known address of the person to be notified shall include the name of the newspaper of general circulation and the name of the legal periodical, if any, in which such notice is to be published. Publication shall be made by advertising once each week for two successive weeks in the newspaper of general circulation and in the legal periodical, if any.
RULES FOR CONSTABLES AND
DISTRICT JUSTICES
RULES FOR CONSTABLES CONSTABLES
Rule 1. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules for Constables and District Justices and may be cited as ''L.C.R.C.D.J. No. .''
Rule 2. District Court Administrator. Screening of Applicants Constable Vacancies
The District Court Administrator shall be responsible for screening all applicants for the offices of constable or deputy constable and shall submit all petitions and recommendations to the President Judge.
RULES FOR DISTRICT JUSTICES Rule 3. Supervision of District Justices by President Judge
The President Judge designates the District Court Administrator as the liaison between the Court and district justices.
COMMENT: The District Court Administrator is so designated to assist the President Judge with exercising the authority granted by Rule 17 of the Rules Governing Standards of Conduct of District Justices.
Rule 4. Termination of Inactive Summary Matters
A. A summary offense may be terminated if it has not been adjudicated within two years of the filing of the charge.
B. Before any such termination, the district justice shall give at least thirty days notice in writing to counsel of record and unrepresented parties of impending termination. Such notice shall be given in person or by mail to the last address of record of the parties or their counsel of record (including the District Attorney and Public Defender) and shall minimally consist of the name of the defendant, docket number, a brief description of the charge and date the offense was filed.
COMMENT: This Rule covers some of the provisions of Pa. R.J.A. No. 1901.
Rule 5. Duty Courts
A. There shall be four duty courts in Lancaster County: the Central Sector, the Northeast Sector, the Southern Sector and the Northwest Sector. The Central Sector consists of Magisterial Districts 02-1-01; 02-2-01; 02-2-02; 02-2-03 and 02-2-04. The Northeast Sector consists of Magisterial Districts 02-1-02; 02-2-07; 02-2-08; 02-3-06 and 02-3-07. The Southern Sector consists of Magisterial Districts 02-2-06; 02-3-02; 02-3-03; 02-3-04 and 02-3-05. The Northwest Sector consists of Magisterial Districts 02-1-03; 02-2-05; 02-3-01; 02-3-08 and 02-3-09.
B. One district justice from each duty court shall handle all misdemeanor and felony cases and may also handle summary cases during the hours when the other district justice offices in the sector are not regularly open. However, the duty court district justice shall exercise jurisdiction for a sector only while the district justice is on call to cover such cases.
C. The duty court district justice before whom such a case is brought shall have jurisdiction and venue over the matter. Any case filed before the duty court district justice shall be transferred to the district justice for the magisterial district where the offense was allegedly committed.
D. If a district justice is unavailable during regular business hours, the duty court district justice shall have jurisdiction and venue in any matter for which the unavailable district justice would be responsible.
E. The district justices from each duty court sector shall select one of their members to prepare an annual duty court schedule and shall submit the schedule to the District Court Administrator and other appropriate, interested officials no later than the third Monday of December. This schedule shall be binding but may be amended from time to time with notice to the District Court Administrator.
COMMENT: This Rule covers some of the provisions of Pa. R.Crim.P. 130 and 132.
Rule 6. Judicial or Notary Fees
Fees received by a district justice or any staff member for affidavits, oaths, acknowledgments or other similar services, regardless of where the work is performed, shall be remitted to the County of Lancaster.
COMMENT: This Rule covers some of the provisions of Rule 13 of the Rules Governing Standards of Conduct of District Justices.
[Pa.B. Doc. No. 04-752. Filed for public inspection April 30, 2004, 9:00 a.m.]
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