Del. Cnty. Pa. 3.5C

As amended through July 15, 2018
Rule 3.5C - Uncontested Petitions
(1) If a petitioner believes there will be no objections, by creditors and/or parties in interest, to a petition being filed, a petitioner may state this in the petition and send notice pursuant to Pa.O.C. 4.2 to all such creditors and/or parties at least twenty (20) days prior to filing said petition advising said creditors and/or parties in interest of the projected date of filing said potentially unopposed petition. In the notice, petitioner should advise said creditors and/or parties in interest that petitioner intends to state to the Court in the petition that said petition is unopposed and any creditor or party in interest who disagrees with petitioner's position that the petition is unopposed must notify petitioner or petitioner's counsel on or before the projected date of filing of the petition. If no creditor or party in interest notifies petitioner or petitioner's counsel by the projected filing date that the petition is opposed, the Court may rule on the petition without scheduling a hearing thereon, or may schedule a hearing if the Court believes a hearing is necessary for any reason.
(2) The date of the notice shall be the date of mailing, or service of the notice. A certification by counsel listing the persons notified and stating the date and manner of service, together with a copy of the notice given, shall be attached to the petition.
(3) If all potential creditors and/or parties in interest are in agreement and have signed consents to the proposed petition, the petitioner may attach consents to the petition and advise the Court that all parties in interest have consented to the petition, Under these circumstances, the petitioner does not need to give twenty (20) days notice of the filing of the proposed petition. Upon receipt of the petition, wherein petitioner has advised the Court that all creditors and/or parties in interest have signed consents, and said consents are attached to the petition, the Court may rule on said petition without scheduling a hearing thereon, or may schedule a hearing if the Court believes a hearing is necessary for any reason.
(4) The above manner of proceeding (without a hearing) is not available in matters wherein the relevant statutes require a hearing.

Del. Cnty. Pa. 3.5C

Amended effective 7/30/2016.