Phil. Cnty. Pa. 2.9A

As amended through December 18, 2021
Rule 2.9A - Schedules of Distribution
(1) Filing. When directed by the Auditing Judge or at the election of the accountant, a schedule of distribution, in the form approved by the Court, shall be electronically filed with the Clerk. The Auditing Judge, in his or her discretion, may direct that only awards of real property or personal property, to be distributed in kind, need be included in the schedule of distribution.
(2) Certification. The attorney for the accountant shall certify that the schedule of distribution is correct and in conformity with the adjudication. See below (3)(a), (3)(b)(ii) and (6)(b) for additional statements to be included in the certification where appropriate.
(3) Consent or Notice.
(a) Written consents to the schedule of distribution may be attached thereto. The attorney for the accountant shall certify whether or not the parties whose consents are attached constitute all interested parties affected by the filing of the schedule of distribution and all other parties to whom notice was directed by the Court.
(b) Notice of the filing of the schedule of distribution shall be given to all interested parties affected thereby and to such other parties as the Court may direct, except those parties whose consents are attached. The notice shall state the date of filing, that a copy of the schedule of distribution accompanies the notice or will be sent upon request, and that any party who objects to the schedule of distribution must electronically file objections within twenty (20) days of the filing of the schedule of distribution under penalty that the Court may otherwise assume that there is no objection and may approve the schedule of distribution as filed.
(i) Notice shall be given no later than the day of the filing of the schedule of distribution, by a letter addressed to the last known address of the party or to his or her attorney of record.
(ii) It shall be sufficient return of notice for the attorney for the accountant to certify on the schedule that due notice of the filing thereof was given as required by this Rule. A copy of the letter of notice and a list of those to whom notice was sent shall be submitted with the schedule.
(4) Objections.
(a) Objections may be electronically filed within twenty (20) days of the filing of the schedule of distribution, and shall indicate the basis for the objections and in what respect the schedule of distribution fails to conform to the adjudication. In no event may objections raise questions which actually were or could have been raised at the audit of the account.
(b) Objections shall be electronically filed with the Clerk. The Auditing Judge shall re-examine the subject matter; may hold a hearing or argument thereon, at the Auditing Judge's discretion; and may make such disposition of the objections as the Auditing Judge deems proper in a supplemental adjudication.
(5) Approval.
(a) Where the consents of all necessary parties are attached, the Court may approve the schedule of distribution immediately upon filing. Where notice was given to any party, the Court may approve the schedule of distribution twenty (20) days after the filing thereof.
(b) In the absence of objections, the schedule of distribution shall become absolute on the date of approval thereof.
(c) Where objections have been filed and dismissed, the schedule of distribution shall be approved.
(d) Upon approval of the schedule of distribution, the accountant shall have the authority to make necessary assignments and transfers of any property awarded.
(6) Confirmation of Title to Real Property. Approval of the schedule of distribution shall constitute confirmation of title in the distributees.
(a) Separate Awards. A schedule of distribution shall set forth separate awards of real property in separate paragraphs.
(b) Description. Certification by Counsel. Real property shall be described in the same detail and with the same particularity as is commonly required to be included in deeds, and, in addition, shall include information pertinent to the derivation of title. Counsel for the accountant shall certify that counsel or counsel's agent has examined the last recorded deed or the record thereof in the public office for recording deeds in the county in which the real estate is located and that the description in the schedule of distribution is in conformity therewith.
(c) Certification by Clerk. The Clerk shall, upon request, certify excerpts from an approved schedule of distribution for recording in any public office for recording deeds.
(7) Effect Upon Distribution. When the matters which are the subject of a schedule of distribution, or the report of an auditor or master, are so separate and distinct that an objection to any one or more, whether sustained or dismissed, cannot affect the remainder, and the accountant will not be prejudiced by the distribution of such remainder, confirmation of the schedule of distribution or report shall not be suspended, except as to those matters to which objections have been taken; distribution may proceed as to the remainder; and any party from whom such distribution has been withheld may petition the Court to order distribution.

Phil. Cnty. Pa. 2.9A

Amended effective 1/6/2018; amended effective 6/1/2019.