THE COURTS
LEHIGH COUNTY
Administrative Order; Amendments and Deletions to the Rules of Civil Procedure; No. 2004-J-51
[34 Pa.B. 4122]
Order Now, this 20th day of July, 2004, It Is Ordered that the following Lehigh County Rules of Civil Procedure are amended as follows:
1. Local Rules 105, 205.2, 210, 211, 212.1, 290, 430, 1303.2, and 1534 are amended to read as follows, and
2. Local Rules 205.2(a), 206.1(a), 206.4(c), 208.2(c), 208.2(d), 208.2(e), 208.3(a), 208.3(b), 229, 1028(c), 1034(a), and 1035.2(a) are promulgated to read as follows, and
3. Local Rules 205.1, 205.2(b), 229.2, 1507, 1521, and 1530 are deleted as follows.
4. Pursuant to Pa.R.C.P. 239(c) and 239.8(b)--(d) (as amended June 30, 2004), the following Local Rules shall be disseminated and published as follows:
(a) Seven certified copies of the Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;
(b) Two certified copies of the Local Rules and a computer diskette containing the text of the Local Rules in MS-DOS, ASCII, Microsoft Word, or WordPerfect format and labeled with the court's name and address and computer file name shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) One certified copy of the Local Rules and a computer diskette containing the text of the Local Rules in MS-DOS, ASCII, Microsoft Word, or WordPerfect format and labeled with the court's name and address and computer file name shall be filed with the Civil Procedural Rules Committee which shall then forward a copy to the Administrative Office of the Pennsylvania Courts (AOPC) for publication on the AOPC web site;
(d) The Local Rules shall be kept continuously available for public inspection and copying in the office of the Clerk of Courts, Civil Division, and upon request and payment of reasonable costs of reproduction and/or mailing the Clerk of Courts shall furnish to any person a copy of the requested Local Rule(s);
(e) A computer diskette containing the text of the following Local Rules in either MS/DOS, ACSII, Microsoft Word or WordPerfect format and labeled with the court's name and address and computer file name shall be distributed to The Bar Association of Lehigh County;
(f) The Local Rules shall be published on the web site of Lehigh County Pennsylvania Court of Common Pleas (http://www.lccpa.org/) and the web site of the Administrative Office of the Pennsylvania Courts (http://ujsportal.pacourts.us/);
5. The following amendments and deletions to Local Rules 105, 205.2, 205.2(b), 211, 212.1, 229.2, 290, 430, 1303.2, 1507, 1521, 1530, and 1534 shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin as per Pa.R.C.P. 129(d); and
6. The following amendments and deletions to Local Rules 205.2(a), 206.1(a), 206.4(c), 208.2(c), 208.2(d), 208.2(e), 208.3(a), 208.3(b), 210, 1028(c), 1034(a) and 1035.2(a) shall become effective upon publication on the web site of the Administrative Office of the Pennsylvania Courts pursuant to Pa.R.C.P. 239.8(d).
By the Court
WILLIAM H. PLATT,
President JudgeRule 105. Bonds and Surety.
(1) When a bond with approved security is required, the surety shall be a certified surety company in accordance with a list thereof filed in the office of the clerk of courts, or in lieu thereof, a certified check, bank money order payable to Lehigh County Clerk of Courts, or a deposit of cash.
(2) No attorney or other person officially connected with or concerned with the business of the court shall become bail or surety or post bond for any person in any proceeding, except with prior written approval of the court.
(3) Where cash is deposited in lieu of approved surety, the party required to post bond shall execute his personal bond in appropriate form stating the terms and conditions under which such cash deposit is made; provided, however, that this rule shall have no application to the posting of cash bail in criminal cases.
(4) Except in the cases of appeals from proceedings before the minor judiciary, any party filing a bond shall immediately serve a copy thereof upon the adverse party or his attorney.
(5) In all cases the form of the bond and the surety thereon shall be subject to review by the court upon the filing of a petition stating specifically the objections thereto, together with notice to the adverse party or his attorney in accordance with Leh.R.C.P. 206.1.
Rule 205.1. Size of Paper.
No paper or other document may be filed with the Court on any paper other than paper approximately 8 1/2" by 11" in size.
Rule 205.2. Court Records.
(1) Records. Filing. Docket Entries.
(i) The Clerk of Courts shall be responsible for maintaining systems for the filing of documents and shall make appropriate entries in dockets maintained for that purpose. Documents filed shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident or mistake, shall be conclusive evidence of such date and time of filing.
(ii) The entry of a full or partial satisfaction and of the discontinuance, settlement, or termination of an action may be made by the Clerk of Courts upon praecipe of a party, the attorney of record for the party, or a duly authorized agent of the party, and such entry shall be attested by the Clerk of Courts.
(iii) Except as set forth in this rule, no person other than the Clerk of Courts or a duly appointed and sworn Deputy Clerk shall be permitted to make any entry on the court dockets.
(2) Removal of Court Records
(i) Except as hereinafter provided, no record, exhibit or document shall be taken from the office of the Clerk of Courts without a written order signed by one of the judges of the court and requiring the return of such record, exhibit or document within a specified time; provided, however, that under no circumstances shall a bond or recognizance be removed while the same continues in force and effect. In cases where the court authorizes the removal of records, exhibits or documents, the Clerk of Courts shall take a written receipt for the records, exhibits or documents removed and shall cause the same to be filed with the record papers in the case, which receipt shall be cancelled upon return of the records, exhibits or documents removed.
(ii) In cases pending in this court or in proceedings held before duly authorized officers of the court, the Clerk of Courts may deliver record papers or dockets to an appropriate officer of the court, accepting in return such officer's written receipt which shall be noted and filed as hereinbefore set forth.
Rule 205.2(a) Requirements Governing Content of Pleadings.
(1) All documents submitted to the clerk of courts for filing shall be on paper approximately 8-1/2" × 11" in size.
(2) All documents submitted to the clerk of courts for filing shall contain the following:
(i) the correct caption of the case, including the names of the parties, the docket number, the division of the court, and the name of the assigned judge, if any;
(ii) a title indicating the nature of the document;
(iii) the name, address, telephone number, fax number and Supreme Court identification number of the attorney filing the document;
(iv) if the party filing the document is not an attorney, the name, address, telephone number of such party.
Rule 205.2(b)
(1) Motions to withdraw as counsel shall contain a cover sheet in the form set forth as Appendix 1 to these Rules.
Rule 206.1 (a) Petitions
(1) A petition to open a default judgment or a judgment of non-pros shall be governed by Pa.R.C.P. 206.1 et seq.
(2) A petition to open and/or strike a judgment shall be governed by Pa.R.C.P. 2959 et seq.
(3) A petition to compromise, settle, or discontinue an action in which a minor has an interest under Pa.R.C.P. 2039 shall be prepared and filed pursuant to Leh.R.C.P. 2039.
(4) A petition to compromise, settle, or discontinue an action in which an incapacitated person has an interest under Pa.R.C.P. 2064 shall be prepared and filed pursuant to Leh.R.C.P. 2064.
(5) A petition to settle, compromise, or discontinue a wrongful death or survival action in which a minor or incapacitated person has an interest under Pa.R.C.P. 2206 shall be prepared and filed pursuant to Leh.R.C.P. 2206.
(6) Except as otherwise provided by the Pennsylvania Rules of Civil Procedure or by statute, all other applications for relief shall be in the form of a motion and shall be governed by Leh.R.C.P. 208(a) or (b).
Note: All Lehigh County Rules of Civil Procedure may be found on the website for the Lehigh County Court of Common Pleas, http://www.lccpa.org.
Rule 206.4 (c) Rule to Show Cause
(1) All petitions shall be filed with clerk of courts, and a copy thereof shall be delivered to the court administrator's office together with an unattached form of order as set forth in Pa. R.C.P. 206.5. If the petition is uncontested, the petition shall contain a certification to that effect.
(2) The assigned judge will address the petition and proposed rule to show cause. If the petition states prima facie grounds for relief, the assigned judge shall issue a rule to show cause and may grant a stay of proceedings. The assigned judge will determine the return date for the rule as well as the deadlines for completion of depositions, for an evidentiary hearing, or for argument, as the judge shall deem appropriate.
(3) The clerk of courts shall be responsible for service of the petition and rule to show cause on all parties.
(4) After being served with a copy of the petition and rule to show cause, the respondent shall file an answer on or before the return date fixed in the rule.
(5) All answers to petitions shall be filed with the clerk of courts, and a copy thereof shall be delivered to the court administrator's office.
Rule 208.2 (c) Content of Motions
(1) All motions shall identify any statute, caselaw, and/or procedural rules relied upon to justify the relief requested.
Rule 208.2 (d) Uncontested Motions
(1) An uncontested motion shall be accompanied by a certification of counsel that the motion is uncontested.
Rule 208.2 (e) Discovery Motions
(1) A motion relating to discovery must aver (i) that counsel for the movant or petitioner has conferred with opposing counsel and all unrepresented parties with respect to each matter set forth in the motion and has made a good faith effort to resolve the parties' differences, but has been unable to do so; or (ii) that counsel has made a good faith effort to confer, but has been unable to do so.
Rule 208.3 (a) Procedures for the Disposition of Certain Motions
(1) The following motions shall be governed by Pa.R.C.P. 208.3(a):
(i) Motions certified as uncontested
(ii) Motions for continuance
(iii) Motions to extend time for discovery
(iv) Motions to withdraw as counsel
(v) Motions for special service
(vi) Motions to compel discovery
(vii) Motions regarding subpoenas, attendance and testifying based upon Pa.R.C.P. 234.1-239.9.
(viii) Motions to reassess damages in mortgage foreclosure actions
(ix) Emergency motions
(2) Motions shall be filed with the clerk of courts and a copy thereof, along with the original proposed order which would grant the relief requested, shall be delivered to the court administrator's office for transmittal to the assigned judge.
(3) Service of all motions shall be made and a certification of service filed in accordance with Rule 208.3(b)(3) hereinbelow. A motion to withdraw as counsel shall be served upon the movant's client as well as upon all counsel of record and any unrepresented parties.
(4) Notwithstanding the foregoing, motions for continuance may be presented directly to the assigned judge on the continuance form available from the court administrator's office. Such motions may be submitted directly to the assigned judge's chambers by hand delivery, by mail, or by facsimile transmission. Prior to submitting any such motion, the movant or his/her counsel shall confer with all counsel of record and any unrepresented parties to determine their position with respect to the continuance request, and shall indicate their position in the motion.
Note: Motions for continuances of arbitration cases shall be made pursuant to Leh.R.C.P. 1303.1
(5) Unless the motion is certified as uncontested, the assigned judge shall provide an opportunity for argument either orally in open court, by written briefs, or by telephone conference, as the judge shall direct by written notice to all parties.
(6) In lieu of the procedures set forth in subparagraphs (2) through (4) of this rule, any motion governed by Pa.R.C.P. 208.3(a) may be presented in open court to the judge assigned to the case at this judge's weekly motion court. The movant shall give all counsel of record and all unrepresented parties not less than five days advance written notice of the date, time and place of the intended presentation of the motion, together with a complete copy of the motion. If the movant is unable to comply with this notice requirement because of an emergency, the movant shall have made a good-faith effort to notify all opposing counsel of record and all unrepresented parties as soon as possible of the intended presentation of the motion, and shall describe those efforts in the motion. This notice requirement may be waived with the consent of all interested parties, or it may be waived or modified by the court in emergency situations.
Note: The schedule of each judge's weekly motion court can be ascertained by contacting the court administrator's office (610-782-3014) or the assigned judge's chambers.
(7) Emergency motions. Motions that are certified as being emergent in nature, and setting forth the nature of the emergency, shall be filed with the clerk of courts and delivered to the judge assigned to the case, if any. If the assigned judge is not available, or if no judge has been assigned, the motion shall be delivered to the court administrator's office for referral to another judge for scheduling and disposition.
Rule 208.3 (b) Procedures for the Disposition of All Other Motions
(1) All motions other than those governed by Pa.R.C.P. 208.3(a) shall be governed by the procedures set forth in this rule.
(2) Motions subject to this rule shall be filed with the Clerk of Courts, Civil Division, and shall be accompanied by a supporting brief. A copy of same, along with the original of the proposed form of order, shall be delivered to the court administrator's office for transmittal to the assigned judge.
(3) Immediately after filing a motion, the party filing the same shall serve a complete copy upon all other counsel of record and all unrepresented parties, in accordance with Pa.R.C.P. 440 (relating to service of legal papers other than original process). Within five days of the filing of the motion, the party filing the same shall file a certification of service, certifying that proper service has been made. The court in its discretion may strike, dismiss or deny any motion for failure to comply with the service and certification requirements of this rule.
(4) Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion. A copy thereof shall be delivered to the court administrator's office for transmittal to the assigned judge. If a response is not filed as provided above, the court may treat the motion as uncontested.
(5) If the movant does not file a supporting brief, the non-moving party need not do so, and the court may consider the movant to have abandoned the request for relief.
(6) If any motion governed by this rule requires emergency action by the court, the moving party shall indicate same in the title of the motion and shall follow either procedure set forth herein:
(i) Movant may present, with five (5) days written notice to all parties, the motion to the judge at his/her civil motion day; or
(ii) Movant may proceed as set forth in subparagraph (2) of this rule. The assigned judge, or such judge as is available, shall upon receipt of such motion from the court administrator's office, handle the motion as he/she determines appropriate.
Rule 210 Form of Briefs.
(1) Each brief shall contain (1) a history of the case, (2) a statement of the pertinent facts, (3) a statement of the questions involved, and (4) the argument.
(2) The argument shall be divided into as many parts as there are questions involved. Citations to opinions of an appellate court of this or another jurisdiction shall be to the official reports of that court.
Rule 211. Oral Arguments
(1) Any party who has failed to file a brief in accordance with applicable rules of court may be denied oral argument.
Rule 212.1 Trial Dates, Discovery Deadlines, Pre-trial Statements
(1) The requirements of Pa.R.C.P. 212.1 and 212.2 shall apply to civil actions to be tried non-jury.
(2) Notwithstanding the requirements of Pa.R.C.P. 212.1(b), in the event a pre-trial conference is scheduled, a pre-trial statement shall be filed by all parties, and a copy delivered to chambers of the assigned judge, not later than five (5) days prior to the pre-trial conference.
Rule 229 Discontinuance
(1) Upon the filing of a praecipe to settle, discontinue and end an action, the filing party shall deliver a copy of same to the court administrator's office for transmittal to the assigned judge.
Rule 229.2 Termination of Inactive Civil Cases
(a) The clerk of courts shall prepare for call on the first Monday of October of each year or on such other date as the court by special order may direct a list containing all civil matters in which no steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to counsel of record and to those parties for whom no appearance has been entered as required by Pa.R.J.A. No. 1901(c). If no compelling reason for delay in prosecution of the matter is shown at the call of the list, the court may issue an order dismissing such civil matter.
Rule 290. Eminent Domain.
(1) Petition for the appointment of viewers.
(i) The petition shall be filed with the clerk of courts, civil division.
(ii) Three copies of the petition and one proposed order to appoint the viewers shall be delivered to the court administrator's office for transmittal to the court and to the appointed viewers.
(iii) The initial petition presented to the court in any eminent domain proceeding shall cite the statute under which the petition is filed.
(2) Viewers shall be sworn to discharge the duties of their appointment as viewers with impartiality and fidelity according to the best of their learning and ability, upon their initial appointment to the board of view, and thereafter need not be sworn in any proceeding referred to them.
(3) A hearing shall be held at the time fixed by the viewers, and the witnesses shall be directed by the viewers or by the attorneys to appear at a time certain.
(4) Stenographic records of hearings will not be made except in unusual cases where, for good cause shown, the court has ordered the testimony to be taken stenographically or electronically.
Rule 430 Service by Publication
(1) Every motion for a special order directing the method of service pursuant to Pa. R.C.P. 430 shall be accompanied by a cover sheet in the form set forth as Appendix 2 of these rules.
(2) The Lehigh Law Journal shall be the legal periodical for the publication of all notices.
Rule 1028 (c). Preliminary Objections.
(1) Preliminary objections shall be filed with the clerk of courts, served upon the adverse parties or their counsel, and a time-stamped copy thereof shall be delivered to the court administrator's office for delivery to the assigned judge.
(2) Preliminary objections must be accompanied by a brief in support thereof unless factual issues are raised, in which case the procedure set forth in (4) shall be followed. Failure to file a brief may result in automatic dismissal of the preliminary objections.
(3) Within twenty (20) days after service of the preliminary objections, the adverse parties or their counsel shall file an amended pleading or a responsive brief with the clerk of courts, serve same upon the opposing parties or counsel, and deliver a copy to the court administrator's office for delivery to the assigned judge.
(4) Preliminary Objections raising factual issues
(i) Preliminary objections which assert facts not otherwise of record, including but not limited to, an objection under Pa. R.C.P. 1028 (a) (1), (5), or (6) shall be endorsed with a notice to plead pursuant to Pa. R.C.P. 1361. Such preliminary objections shall state specifically in underlined capital letters: THESE PRELIMINARY OBJECTIONS ASSERT FACTS NOT OTHERWISE OF RECORD.
(ii) Any response thereto shall be filed with the clerk of courts, and a time-stamped copy delivered to the court administrator's office. If an answer is filed and served, the moving party or any other party wishing to do so, shall supplement the record with the necessary facts by affidavit or deposition within thirty (30) days from the filing of the answer, unless a hearing is required by the court.
(iii) Within fourteen (14) days from the completion of the supplementation of the record, whether by the adverse party's failure to file an answer to the preliminary objections or by affidavit, deposition, or hearing the moving party shall file a brief in accordance with these rules. The opposing party shall file its brief within fourteen (14) days thereafter.
Rule 1034 (a). Motion for Judgment on the Pleadings.
(1) A motion for judgment on the pleadings shall be filed with the Clerk of Courts, Civil Division, and shall be accompanied by a supporting brief. A Copy of the motion and brief shall be delivered to the court administrator's office for transmittal to the assigned judge.
(2) Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion. If a response is not filed as provided above, the court may treat the motion as uncontested.
(3) If movant does not file a supporting brief, the non-moving party need not do so, and the court may consider the movant to have abandoned the request for relief.
(4) After a response to the motion is filed or after the response period has elapsed, the assigned judge may schedule the motion for oral argument. If so, written notice of the argument date will be given to counsel for the parties and to any unrepresented parties.
Rule 1035.2 (a) Motion for Summary Judgment
(1) A motion for summary judgment shall be filed with the clerk of courts, and shall be accompanied by a supporting brief. A copy of the motion and brief shall be delivered to the court administrator's office for transmittal to the assigned judge.
(2) Any party opposing the motion shall file a response along with a supporting brief, within thirty (30) days after service of the motion. If a response is not filed as provided above, the court may treat the motion as uncontested.
(3) If movant does not file a supporting brief, the non-moving party need not do so, and the court may consider the movant to have abandoned the request for relief.
(4) After a response to the motion is filed or after the response period has elapsed, the assigned judge may schedule the motion for oral argument. If so, written notice of the argument date will be given to counsel for the parties and to any unrepresented parties.
Rule 1303.2. Scheduling of Arbitration Hearing: Notice.
(1) A matter subject to compulsory arbitration shall be listed for hearing by (1) praecipe of any party when the pleadings are closed or the time for filing pleadings has ended, and there are not any outstanding motions requiring disposition by the court, or by (2) the court administrator under circumstances hereafter described.
(2) By Praecipe of Any Party
A party may, following compliance with the discovery notice herein required, request that a matter be scheduled for arbitration by using forms provided by the clerk of courts, civil division for such purpose.
(i) A party shall not praecipe a case for arbitration until the party has served upon opposing counsel and any unrepresented parties a notice of intent to request arbitration. Within twenty (20) days after the date of the notice, a party desiring any additional discovery shall notify other counsel and unrepresented parties of the scope and nature of such additional discovery. Discovery must be completed within 120 days from the giving of notice to pursue additional discovery.
(ii) If no discovery request is sent within twenty (20) days after the date of the notice of intent to arbitrate, a party may praecipe the case for arbitration by filing same with clerk of courts.
(iii) If a discovery request is made, a party may praecipe the case for arbitration upon completion of discovery or the expiration of 120 days from the giving of the notice to pursue discovery, whichever comes first, unless the time for discovery is extended by the court.
(iv) A party shall not be required to serve notice of intent to request arbitration if the matter has been pending for a period one (1) year or more.
(v) Notwithstanding the foregoing, discovery in cases involving district justice appeals shall be completed within sixty (60) days from the filing of the appeal.
(3) As Set by the Court Administrator
The court administrator may schedule matters for arbitration under the following circumstances:
(i) All matters that are appeals from a district justice decision may be scheduled for arbitration hearing sixty (60) days after the appeal is taken, unless there are outstanding pleadings, motions, petitions, or other matters that require court disposition. The parties to a district justice appeal shall file pleadings and complete discovery within sixty (60) days of the date of the appeal.
(ii) All other matters which are subject to compulsory arbitration may be scheduled for arbitration hearing no later than one (1) year after the commencement of the action, unless there are outstanding motions, petitions, or other matters that require court disposition. The parties to an action which is subject to compulsory arbitration shall file all pleadings and complete all discovery within six (6) months of the date of the commencement of the action, unless the time for completion of discovery has been extended by the court upon motion of any party.
(4) In the event one or more parties do not appear for the scheduled arbitration, the remaining parties may consent to having the judge assigned to monitor the case hear the matter on the same date as the scheduled arbitration hearing. It shall be discretionary with the judge whether to hear the case as requested.
(5) The filing of dispositive motions within thirty (30) days of the scheduled arbitration hearing shall not be grounds for continuance of the hearing unless good cause is shown.
Rule 1507. Action in Equity. Notice by Publication.
When notice by publication is given under Pa.R.C.P. 1507, the advertisement shall contain the caption of the action, a statement that an action in equity has been commenced by the named plaintiff against the named defendant concerning the subject matter briefly described, and a statement that the named person, if the name is known, or all persons interested in the subject matter, are required to appear in the action or a default decree may be entered which will affect their interests.
Rule 1521. Action in Equity. Indexing of Decree.
Decrees, nisi or final, shall also be entered on the ejectment and miscellaneous index of the court.
Rule 1530. Action in Equity. Accounting.
(a) When the court has entered a final order directing one party to account to another, the party directed to account shall state the account and file a written statement thereof in the office of the clerk of courts within thirty (30) days after notice of the entry of said order of court, unless the court shall for cause shown allow a longer time.
(b) The statement of account shall be signed and verified by the accountant, and it shall contain the following:
(1) The dates and sources of all items of debit;
(2) The dates and descriptions of all items of credit, including the names of all persons to whom disbursements were made and the purposes thereof;
(3) A recapitulation showing the total debits, the total credits, and the balance remaining.
(c) Upon filing the account, the accountant shall forthwith serve a copy thereof upon all other parties in the same manner in which a pleading may be served under Pa.R.C.P. 440.
(d) Upon the filing of exceptions, the court may refer the exceptions to an auditor that the court may appoint or may direct that the exceptions be disposed of by placing same on an argument or hearing list.
(e) If the party directed to file an account shall fail to do so within thirty (30) days or such longer period as the court may fix, the court may, on petition of any other party, find that the party directed to file an account is in contempt of court, and/or appoint an auditor to state the account upon the basis of such evidence as may be submitted to the auditor.
(f) If an auditor is appointed pursuant to subparagraph (d) or (e) of this rule, the following procedures shall govern:
(1) The auditor shall give two weeks notice in writing to the parties or their attorneys of record of the time and place fixed for hearing the matter.
(2) Testimony taken by the auditor at the hearing shall be recorded stenographically. The notes of the testimony shall not be transcribed unless exceptions are filed to the auditor's report.
(3) Within forty-five days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.
(4) Upon filing of the report the auditor shall serve a copy of the same on the parties in accordance with Pa.R.C.P. 440.
(5) Exceptions to the report of the auditor may be filed by any party within twenty (20) days after service of the auditor's report. If timely exceptions are filed, the court shall schedule and hear argument on same and shall enter such order or judgment as may be appropriate. If timely exceptions are not filed, the court shall enter judgment for the amount, if any, determined by the auditor to be due.
(6) The court shall determine the compensation and reimbursement for expenses to be allowed the auditor and stenographer, and shall direct that such items be taxed in whole or in part against the fund available for distribution or against any party or parties to the action as may be just and equitable in the circumstances. Upon the appointment of an auditor the moving party shall promptly deposit with the clerk of courts the sum of $250.00 for the compensation and expenses of the auditor and stenographer, and the moving party shall deposit such additional sums for such purpose as the court may from time to time direct. Any sum so deposited which is not required for such purposes shall be refunded to the moving party upon the entry of the final order or decree.
Rule 1534. Accounting by Fiduciaries.
(1) When a receiver, assignee or other fiduciary files an account, notice shall be given of the intention to apply for confirmation thereof not less than twenty (20) days in advance of such application.
(2) Notice to all parties in interest shall be given by certified mail unless the court otherwise directs and proof of service shall be filed with the application for confirmation.
[Pa.B. Doc. No. 04-1436. Filed for public inspection August 6, 2004, 9:00 a.m.]
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