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1995 Daniel B. Evans. All rights reserved.
Pa. O.C. Rule 3. Pleading and Practice
___Except where otherwise provided by a rule adopted by the Supreme
Court, or by an Act of Assembly, or by general rule or special
order of the local Orphans' Court, and except for the Notice to
Defend required by Rule of Civil Procedure 1018.1, which form
of notice shall be required only if directed by general rule or
special order of the local Orphans' Court, the pleading and practice
shall conform to the pleading and practice in equity in the local
Court of Common Pleas.
[Amended November 24, 1975, effective January
1, 1976.]
[Committee Comment: The deletion of the word "Exceptions"
from the title avoids confusion with the understanding of this
word as it is employed in Rule 7.]
___(a) On or
before the return day fixed in the citation or order, and in all
other cases within twenty days after service upon him of a copy
of any petition, a party opposing the granting of the prayer of
the petition shall file an answer admitting or denying the averments
of fact of the petition and specifically stating his objections
thereto and averring the facts relied upon by him.
___(b) Within
twenty days after service upon him of a copy of an answer, a petitioner
may file a reply thereto and admit, deny or avoid the facts averred
in the answer.
[Amended January 1, 1968, effective February 1,
1968.]
___Whenever the name
of a person must be set forth in a pleading or statement of proposed
distribution and such person is not sui juris, the fact shall
be set forth, together with the name and address of the guardian,
trustee or other representative of such person, if any. If the
person not sui juris is a minor who has no guardian of his estate,
the minor's age, the name and address of his parents and of the
person with whom he resides shall also be set forth.
[Amended November
24, 1975, effective January 1, 1976.]
[Committee Comment: The
word "committee" is deleted as no longer applicable
to a person or persons managing the estate or person of an incompetent.]
___(a) A petition shall set forth
______(1) the caption;
______(2) a heading indicating briefly the purpose of the petition;
______(3) a concise
statement of the facts relied upon to justify the relief desired,
together with the citation of any Act of Assembly relied upon;
and
______(4) a prayer for the relief desired.
___(b) The petitioner shall attach to the petition
______(1) a form of decree; and
______(2) such exhibits, consents or approvals as may be required by Act
of Assembly or by local rule.
___(c) If the petitioner is unable
to attach any necessary exhibit, consent or approval, he shall
so state in his petition, together with the reason for his inability.
___Proceeding
on petition shall be by citation to be awarded by the Court upon
application of petitioner in any case where jurisdiction over
the person of the respondent is required and has not previously
been obtained. In all other cases, proceedings on petition shall
be by notice. In either event a copy of the petition shall be
served with the citation or notice unless service thereof is made
by publication. Neither a citation nor notice shall be required
where all parties in interest are the petitioners or their consents
or joinders are attached.
[Committee Comment: The distinction
between commencement of proceedings by petition with notice as
contrasted with petition with citation has been generally a hazy
one for most of the profession. A misstep can be quite troublesome
if not fatal, viz: Hicks Estate, 414 Pa. 131, 199 A.2d 283, 1964.
For this reason it is suggested that an explicit statement thereof
would be of value even though possibly redundant. Similarly the
last sentence seems obvious but members of the Orphans' Court
bench have reported otherwise.]
___The local Orphans' Court,
by general rule or special order, may prescribe the practice relating
to depositions, discovery, production of documents and perpetuation
of testimony. To the extent not provided for by such general
rule or special order, the practice relating to such matters shall
conform to the practice in the Trial or Civil Division of the
local Court of Common Pleas.
[Amended November 24, 1975, effective
January 1, 1976.]
[Committee Comment: The added words are required
by the separate identification of divisions of the Court of Common
Pleas.]
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The Pennsylvania Estate and Trust Cybrary
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (215) 233-0988
Telecopier: (215) 233-1887
Email: dan@evans-legal.com