Rule 3.5 - Rule To Show Cause(A) A rule to show cause shall be issued as of course upon the filing of a contested petition. The rule shall direct that an answer be filed to the petition within twenty (20) days after service of the petition on Respondent.(B) The Court may grant a stay of proceedings.(C) The Petitioner shall attach to the petition a proposed order substantially in the following form: (CAPTION) ORDER of COURT
AND NOW, this__________day of__________________, 20___, upon consideration of the foregoing petition, it is HEREBY ORDERED as follows:
1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested;2. The Respondent shall file an answer to the petition within twenty (20) days of service upon the Respondent;3. The petition shall be decided under PA.R.C.P. No. 206.7;4. Depositions shall be completed within________days of this date;5. Argument shall be held on_______________________, 20___in Courtroom,___of the Lebanon County Courthouse; and6. Notice of the entry of this order shall be provided to all parties by the Petitioner.BY THE COURT:
____________________________J.
(D) If an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the Court may enter an appropriate order upon request of the Petitioner.(E) If an answer is filed raising no disputed issues of material fact, the Court upon filing of a praecipe for disposition shall decide the petition on the petition and answer.(F) If an answer is filed raising disputed issues of material fact, the Petitioner may take depositions on those issues, or such other discovery as the Court allows, within the time set forth in the order of the Court or the Court may schedule a hearing on the disputed facts. If the Court does not schedule a hearing and the Petitioner does not take depositions or conduct such other discovery, the petition shall be decided, upon the filing of a praecipe for disposition, on the petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted for the purpose of this subdivision.(G) The Respondent may take depositions, or such other discovery as the Court allows.