Rule 3.5.1 - Mode of Proceeding on Petition When No Answer is Filed(a) If a respondent fails to file an answer to a petition, the averments of fact set forth in the petition shall be deemed to have been admitted and the Court may enter a decree granting the prayer of the petition, subject to the provisions of subsection (c), below.(b) In any proceeding in which an answer to a petition is not filed, after the passing of the return date or notice period, as applicable, a petitioner may file a praecipe with the Clerk directing the Clerk forthwith to transmit the file to the Court for review and possible adjudication. The praecipe shall be in the following form: [CAPTION]
PRAECIPE TO TRANSMIT RECORD
TO THE CLERK OF THE ORPHANS' COURT DIVISION:
I, the undersigned, hereby direct the Clerk of the Orphans' Court Division forthwith to transmit the record of this matter, including this praecipe, to the Court for review and action. I certify that notice of (type of petition)_ was served upon all parties in interest and that the required proofs of service have been filed. The date of service of the last notice to be served was _____________________ , 2 _____ .
_______________________
Attorney for Petitioner
(c) After receipt of the record transmitted to the Court pursuant to subsection (b), above, the Court will review the record to determine its adequacy and will review the proposed prayer for relief to determine its appropriateness. The Court may enter an appropriate order thereafter or it may cause a pre-hearing conference or hearing to be scheduled.(d) This Rule applies both to proceedings requiring personal jurisdiction and those that do not.Adopted 7/21/2016. Effective 9/5/2016