Lanc. Cnty. Pa. 3.5(d)

As amended through April 9, 2024
Rule 3.5(d) - Rule To Show Cause Practice
(1) In all cases where personal jurisdiction is not required or had been previously obtained, or conferred by statute, and not addressed by any Pa.O.C. Rules or L.C.R.O.C., the petitioner may seek the entry of a rule to show cause.
(2) The issuance of a rule to show cause shall be discretionary with the Court.
(3) The petition shall be filed with the Clerk or presented in Orphans' Court Business Court and petitioner shall affix to the petition a proposed order substantially in the following form:

Rule

Upon consideration of the attached petition, it is hereby ordered that::

1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested.
2. The matter shall be returnable to Orphans' Court Business Court, Courtroom ___, Lancaster County Courthouse at 9:00 a. m. on the ______ day of ____________, 201__. The respondent shall file an answer to the petition on or before that date.
3. The petitioner shall provide notice of the entry of this Order to all parties, at least 20 (twenty) days prior to ____________, pursuant to Pa. O.C. Rule 4.2.

(4) A certificate of service, listing the names and addresses of those individuals receiving notice of the entry of the rule shall be filed by the petitioner.
(5) If any interested party (whether sui juris or not) is represented by another (including but not limited to attorneys, guardians or agents), the rule and petition shall be served upon the interested party's representative(s) pursuant to Pa. O.C. Rule 4.2.
(6) After the issuance of the rule, the disposition of the matter shall be in accordance with Pennsylvania Rule of Civil Procedure 206.7.

Lanc. Cnty. Pa. 3.5(d)

Amended effective 9/1/2016.

Explanatory note: Orphans' Court Business Court is utilized by Lancaster County to manage all pending matters. See L.C.R.O.C. 1.9(a). The Notice and Rule Practices of the County is to return matters to Orphans' Court Business Court for consideration. The dates provided in said Notice and Rules shall be set to be consistent with Pa. O.C. Rule 3.5.