[This is an entirely new rule.]

Rule 1.99. Confidential Information and Confidential Documents. Certification

Unless public access is otherwise constrained by applicable authority, any

attorney, or any party if unrepresented, who files a legal paper pursuant to these rules 

with the clerk shall comply with the requirements of Sections 7.0 and 8.0 of the Public 

Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts (Policy) including a certification of compliance with the Policy 

and, as necessary, a Confidential Information Form, unless otherwise specified by rule 

or order of court, or a Confidential Document Form, in accordance with the Policy. 

Note: Applicable authority includes but is not limited to statute, procedural rule, 

or court order. The Public Access Policy of the Unified Judicial System of 

Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) can be 

found on the website of the Supreme Court of Pennsylvania at 

http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy 

provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Public 

Access Policy of the Unified Judicial System of Pennsylvania: 

Case Records of the Appellate and Trial Courts that require filing 

confidential information and documents differently than nonconfidential information and documents.

The Confidential Information Form and the Confidential Document Form 

can be found at http://www.pacourts.us/public-records. In lieu of the Confidential 

Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule 

or order permitting the filing of a document in two versions, a “Redacted Version” 

and an “Unredacted Version.”
2

Rule 2.1. Form of Account

...

Note: Rule 2.1 is substantively similar to former Rule 6.1 and Rule 12.15,

except that certain subparagraphs have been reordered and Rule 12.15

and its Official Note have become subparagraph (d). 

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Piggy-backed Accounts and limited Accounts are 

permitted pursuant to 20 Pa.C.S. §§ 762, 3501.2, and 7799.1.

Rule 2.4. Petition for Adjudication/Statement of Proposed Distribution; Virtual

Representation

...

Note: Although substantially modified, Rule 2.4 is derived from former Rule 6.9. 

One modification is to require averments for virtual representation under 20 

Pa.C.S. § 751(6) generally and representation in “trust matters” pursuant to 20 

Pa.C.S. § 7721 et seq. Another substantial modification is the addition of 

subparagraph (e) that requires counsel to sign the petition for

adjudication/statement of distribution attesting that the submitted petition for 

adjudication/statement of distribution accurately replicates the Model Form and 

subjects counsel to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 

through 1023.4. (See Rule 3.12.)

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: The Supreme Court has adopted form petitions for

adjudication/statements of proposed distribution of a decedent’s estate, trust, 

guardian of an incapacitated person’s estate, guardian of a minor’s estate, and 

the estate of a principal stated by an agent under a power of attorney. These 

form petitions for adjudication/statements of proposed distribution are the 

exclusive forms for adjudicating an Account, and consequently, the local court 

and clerk must accept these statewide forms and may not accept or allow any 

other forms previously permitted under local rules. The exclusive statewide form 

petitions for adjudication/statements of proposed distribution appear in the 

Appendix and are available electronically at www.pacourts.us/forms under the 

For-the-Public category.
3

Cover sheets or checklists may be required by local rule as permitted by 

Rule 1.8(c).

Rule 2.7. Objections to Accounts or Petitions for Adjudication/Statements of

Proposed Distribution

...

Note: Although substantially modified, Rule 2.7 is derived from former Rule 6.10.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: If the notice received by the objector has a service list 

appended to it setting forth the name and address of each interested party who 

received the notice under Rule 2.5, the objector must mail his or her objections to 

every name and address appearing on the service list.

Rule 2.8. Pleadings Allowed After Objections are Filed

...

Note: Rule 2.8 has no counterpart in former Orphans’ Court Rules.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Preliminary objections to objections are limited in the 

grounds that may be raised. Insufficient specificity, failure to conform to law, and 

the inclusion of scandalous or impertinent matter, inter alia, are not properly 

raised as preliminary objections to objections. (Cf. Rule 3.9 and Pa.R.C.P. No. 

1028).

Rule 2.10. Foreign Heirs and Unknown Distributees

...

Note: With only minor modifications, Rule 2.10 is substantively similar to former 

Rules 13.2 and 13.3. Former Rule 13.1 has been deleted.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 
4

Rule 3.3. Contents of All Pleadings; General and Specific Averments

...

Note: Rule 3.3 has no counterpart in former Orphans’ Court Rules, but is derived 

from Pa.R.C.P. No. 206.1(c) and Pa.R.C.P. No. 1019.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Rule 3.4. Form of Petition; Exhibits; Consents; Signing and Verification

...

Note: Rule 3.4 is based upon former Rule 3.3 and Rule 3.4, but has been 

modified to require averments for virtual representation under 20 Pa.C.S. § 

751(6) generally and representation in “trust matters” pursuant to 20 Pa.C.S. § 

7721 et seq. Another modification is the addition of subparagraph (d) that 

requires petitioner’s counsel to sign the petition, or all of the petitioners to sign 

the petition, if unrepresented, thereby subjecting these signatories to rules and 

sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Rule 3.5. Mode of Proceeding on Petition

...

Note: Subparagraphs (a) and (b) of Rule 3.5 are derived from former Rule 3.5. 

The final sentence of subparagraph (a)(2) is identical to former Rule 3.7(h)(1); it 

merely has been relocated to this section. Subparagraphs (c) and (d) of this Rule

have no counterpart in former Orphans’ Court Rules.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Personal jurisdiction is conferred by statute in certain 

circumstances. See e.g., 20 Pa.C.S. § 7712. A sheriff does not need to serve the 

citation issued by the clerk; instead, any adult person may serve the citation and 

file the proof of service in accordance with subparagraph (a)(7) of this Rule 3.5. 

See 20 Pa.C.S. § 765. If a citation is not being issued with the petition, then the 

petition must be endorsed with a notice to plead. See Rule 3.5(b) and Pa.R.C.P. 
5

No. 1026. The court, by local rule or by order in a particular matter, may establish 

a procedure for rules to show cause as provided in Pa.R.C.P. No. 206.4 et seq.

Rule 3.6. Pleadings Allowed After Petition

...

Note: Rule 3.6 has no counterpart in former Orphans’ Court Rules, but is based, 

in part, on Pa.R.C.P. No. 1017.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Any interested party may file a new petition bringing a 

new issue or dispute before the court or seeking alternative relief in the same 

trust or estate. Motions are permitted in Orphans’ Court Division, and this Rule 

3.6 does not prohibit or limit motions practice.

Rule 3.9. Preliminary Objections

...

Note: Rule 3.9 has no counterpart in former Orphans’ Court Rules, but is derived 

from Pa.R.C.P. No. 1028.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Preliminary objections raising an issue under 

subparagraphs (b)(2), (b)(3), (b)(4), and in some instances (b)(1), may be 

determined from the facts of record so that further evidence is not required. In 

such situations, the court may summarily decide preliminary objections prior to 

the filing of an answer.

...

Rule 3.10. Denials; Effect of Failure to Deny

...

Note: Rule 3.10 has no counterpart in former Orphans’ Court Rules, but is 

derived from Pa.R.C.P. No. 1029.
6

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Reliance on subparagraph (c) does not excuse a failure 

to admit or deny a factual allegation when it is clear that the respondent must 

know whether a particular allegation is true or false. Cf.Cercone v. Cercone, 386 

A.2d 1, 4 (Pa. Super. 1978).

Rule 3.11. Answer with New Matter

...

Note: Rule 3.11 has no counterpart in former Orphans’ Court Rules, but is 

derived from Pa.R.C.P. No. 1030.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Rule 3.14. Amendment

...

Note: Rule 3.14 has no counterpart in former Orphans’ Court Rules, but is 

derived from Pa.R.C.P. No. 1033.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: Rule 3.9(d)(1) provides for amending a pleading after 

the filing of preliminary objections.

Rule 7.2. Motion for Judgment on the Pleadings 

...

Note: Rule 7.2 has no counterpart in former Orphans’ Court Rules, but is derived 

from Pa.R.C.P. No. 1034.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 
7

Explanatory Comment: The Official Note to Pa.R.C.P. No. 1034 is fully 

incorporated by reference herein, except that the court may, but is not required 

to, promulgate local rules governing the procedure for these motions. 

Rule 7.3. Motion for Summary Judgment 

...

Note: Rule 7.3 has no counterpart in former Orphans’ Court Rules, but is derived 

from Pa.R.C.P. No. 1035.1 et seq.

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: The Notes, Official Note and Explanatory Comments to 

Pa.R.C.P. No. 1035.1 et seq. are incorporated by reference herein, except that 

the court may, but is not required to, promulgate local rules governing the 

procedure for these motions.

Rule 7.4. Injunctions

...

Note: Rule 7.4 has no counterpart in former Orphans’ Court Rules, but is derived 

from Pa.R.C.P. No. 1531. 

The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 

Explanatory Comment: With the repeal of 20 Pa.C.S. § 772, the propriety of 

and procedure for obtaining an injunction in an Orphans’ Court matter was 

uncertain. This Rule clarifies that an injunction may be requested and issued in 

this court. The procedure for requesting the issuance of an injunction shall 

conform to the practice set forth in Pa.R.C.P. No. 1531. The Notes and 

Explanatory Comments to Pa.R.C.P. No. 1531 are fully incorporated by 

reference herein.

Rule 8.2. Motions for Reconsideration 

...

Note: The filings required by this rule are subject to the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of the 

Appellate and Trial Courts. See Rule 1.99. 
8

Explanatory Comment: The period for filing an appeal is not tolled by the filing 

of a motion for reconsideration unless the court grants the motion for 

reconsideration prior to the expiration of the appeal period. See Pa.R.A.P. 

1701(b)(3). Interlocutory orders may be reconsidered anytime during the 

pendency of the proceeding. See Key Automotive Equip. Specialists, Inc. v. 

Abernethy, 636 A.2d 1126, 1128 (Pa. Super. 1994); 42 Pa.C.S. § 5505.