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PA Bulletin, Doc. No. 02-1303


Title 255--LOCAL


Rules of the Court of Common Pleas; No. 21-95-945 Orphans Court

[32 Pa.B. 3632]

Order of Court

   And Now, this 8th day of July, 2002, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective July 8th, 2002, or thirty (30) days after publication in the Pennsylvania Bulletin.

   Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting the text in the hard copy version, one (1) copy to the Supreme Court Orphans Court Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal.

By the Court:

President Judge

Rule 15.5  Adoption

   (d)  Disclosure of Fees and Costs. At the hearing there shall be offered in evidence a report, certified by counsel for the petitioner, setting forth the amount of fees and expenses paid or to be paid to counsel, and any other fees, costs and expenses paid or to be paid to an intermediary or any other person or institution, in connection with the adoption.

   (1)  All intermediaries, other than Cumberland County Children and Youth Services, shall submit a full itemized disclosure of their fees and charges with the report of intention to adopt. No hearings will be scheduled until the fees have been found by the Court to be in compliance with 23 Pa.C.S.A. § 2533(d).

   (2)  Counsel shall certify on the report offered into evidence that the adopting parent(s) have been given a copy of the Report prior to the hearing.

   (3)  At the time the petition for adoption is filed, counsel will file the certification of counsel fees required by this Rule and the certification shall be reviewed by the Court prior to the adoption hearing. Should the counsel fees exceed those amounts set forth in subsection (4), counsel will be required to petition for court approval of the fees prior to the adoption hearing.

   (4)  A petition for Court approval shall be required if the counsel fees in adoption proceedings exceed:

   (a)  $1,000 for an adoption without a termination, or

   (b)  $2,000 for an adoption with a termination, and an additional $500 if the Interstate Compact is involved.

[Pa.B. Doc. No. 02-1303. Filed for public inspection July 26, 2002, 9:00 a.m.]

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