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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 21. ALLOCATION OF BUSINESS

ALLOCATION OF BUSINESS

Rule


2101.    [Rescinded].

DISTRIBUTION OF BUSINESS WITHIN COURTS OF COMMON
PLEAS


2156.    Orphans’ Court Division.
2157.    Proceedings pursuant to Abortion Control.

ALLOCATION OF BUSINESS


Rule 2101. [Rescinded].


Source

   The provisions of this Rule 2101 adopted May 10, 1973, 3 Pa.B. 922. Adopted and effective May 10, 1973. Rescinded effective July 1, 1976 by Pa. R.A.P. 5104, 5 Pa.B. 3127.

DISTRIBUTION OF BUSINESS WITHIN COURTS OF COMMON
PLEAS


Rule 2156. Orphans’ Court Division.

 In addition to other matters which by law are to be heard and determined by the orphans’ court division of a court of common pleas, the division shall hear and determine the following matters:

   (1)  Nonprofit corporations: The administration and proper application of property committed to charitable purposes held or controlled by any domestic or foreign nonprofit corporation and all matters arising under Title 15 of the Pennsylvania Consolidated Statutes (relating to corporations and unincorporated associations) or otherwise where is drawn in question the application, interpretation or enforcement of any law regulating the affairs of nonprofit corporations holding or controlling any property committed to charitable purposes, or of the members, security holders, directors, officers, employees or agents thereof, as such.

   ‘‘Property committed to charitable purposes’’ means all property committed to the relief of poverty, the advancement of education, the advancement of religion, the promotion of health, governmental or municipal purposes, and other purposes the accomplishment of which is beneficial to the community, except that the term does not include the property of any inter vivos trust jurisdiction of which was acquired by the court of common pleas prior to January 1, 1969 unless the president judge of the court orders the matter to be heard and determined in the orphans’ court division.

   (2)  Cemetery companies: Matters relating to cemetery companies under Title 9 of the Pennsylvania Consolidated Statutes (relating to burial grounds).

Source

   Adopted and effective April 11, 1975.

Rule 2157. Proceedings Pursuant to Abortion Control

 Jurisdiction in proceedings filed pursuant to Section 3206 of the Act of June 11, 1982, P. L. 476, No. 138, as amended, known as the ‘‘Abortion Control Act,’’ shall be in the Orphans’ Court Division of the Court of Common Pleas, except in Philadelphia, where proceedings involving minors shall be in the Family Court Division and except in Allegheny County where such proceedings shall be heard in the Juvenile Court Section of the Family Division. All proceedings under the Act shall be in conformity with Supreme Court Orphans’ Court Rule 16.

Explanatory Comment

   Rule 2157 of the Rules of Judicial Administration with one exception places jurisdiction or proceedings pursuant to Section 3206 of the Abortion Control Act in the Orphans’ Court Division. The exceptions are proceedings brought by a minor in: (a) Philadelphia County which is to be brought in the Family Court Division; and (b) Allegheny County which is to be brought in the Juvenile Court Section of the Family Division. There is no change to the substantial rule. It is revised to refer to Orphans’ Court Rule 16 for the procedure governing proceedings pursuant to Section 3206 of the Abortion Control Act.

Source

   The provisions of this Rule 2157 adopted March 25, 1983, effective April 1, 1983, 13 Pa.B. 1124; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6554. Immediately preceding text appears at serial page (112914).



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