THE COURTS
SCHUYLKILL COUNTY
Amendments to Orphans' Court Rules
[26 Pa.B. 464]
Order of Court And Now, this 17 day of January, 1996, at 12:30 p.m., the Schuylkill County Orphans' Court Rules are amended as follows:
1. Rule 15.4D is amended to read as follows.
2. Rule 14.1B is promulgated to read as follows.
These rules shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans' Court Rules Committee.
4) Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rules.
JOSEPH F. MCCLOSKEY,
President JudgeRule 15.4D. Contested Involuntary Termination of Parental Rights. Appointment of Counsel for Minor Child. Costs.
(a) Whenever a proceeding for involuntary termination of parental rights is contested, an Answer shall be filed and the Court shall appoint counsel for the minor child or children in accordance with Section 2313 of the Adoption Act.
(b) In every contested involuntary termination proceeding, Petitioner and Respondent shall each deposit into the Clerk of the Orphans' Court a payment on account for the transcript fees and for fees and costs of counsel for the minor in an amount to be fixed by the Court. Additional fees may be assessed, and said fees may be taxed as costs and may be ultimately charged against the parties in interest as the Court deems appropriate.
(1) Respondent shall deposit said payment upon the filing of the Answer and Petitioner shall deposit said payment within ten (10) days after service of the Answer. Failure to deposit said funds may result in civil contempt of court or imposition of sanctions as the Court deems appropriate.
(c) All parties shall file a list of witnesses and the expected time required for hearing within ten (10) days after service of court order appointing counsel for the minor.
Rule 14.1B. Reports of Guardian. Notice.
(a)(1) Guardian of the Person. At least once within the first twelve months of the appointment and annually thereafter, the guardian of the person, whether plenary or limited, shall file a report with the Court outlining the guardian's performance. The form of the report shall be substantially the same as the Clerk of the Orphans' Court Form No. 53. A final report shall be filed within sixty (60) days after the death of the incapacitated person.
(2) Guardian of the Estate. In addition to the filing of an inventory which must be filed within ninety (90) days of appointment, the guardian of the estate, whether plenary or limited, shall file a report with the Court at least once within the first twelve months of the appointment and annually thereafter as to the administration of the ward's estate. The Court, in its discretion, may require that the report be filed more frequently. The form of the report shall be substantially the same as the Clerk of the Orphans' Court Form No. 54. A final report shall be filed within sixty (60) days after the death of the ward.
(b) Notice. The guardian shall serve written notice of the filing of the report upon each care provider, next-of-kin, and all parties in interest by first-class mail within ten (10) days of filing the report in substantially the following form:
COURT OF COMMON PLEAS OF
SCHUYLKILL COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ANNUAL REPORT OF GUARDIAN In the matter of the Estate of ______ , an Incapacitated Person. To the care providers, next-of-kin, and all parties in interest in said affairs:
Notice is hereby given that ______ , (guardian of the estate--guardian of the person) has filed in the office of the Clerk of the said Court the annual report concerning the affairs of the ward. A copy of the report is available for inspection in the office of the Clerk of the Orphans' Court, Schuylkill County Courthouse, 401 North Second Street, Pottsville, Pennsylvania.
Order of Court And Now, this 10 day of April, 1995, at 10:11 a.m., the Court hereby amends Schuylkill County Orphans' Court Rule 12.5F and hereby approves and adopts Schuylkill County Orphans' Court Rules 12.5G for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.
The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans' Court Rules Committee.
4) Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rules.
JOSEPH F. MCCLOSKEY,
President JudgeRule 12.5F. Minor's Estate. Allowances. Approval of Court.
(a)(1) In General. Responsibility of Guardian. Expenditures from income for the benefit of the minor, or for counsel fees in a nominal amount for routine services, whether payable from principal or income, should ordinarily be made by the guardian upon his own responsibility without application to the Court for approval.
(2) Mandatory Approval by the Court. Except as provided in subparagraph (a)(1) of this rule, no payments shall be made by the guardian of the estate, unless approval by the Court is first obtained, when payment is to be made from principal, or, when special services have been performed by counsel and the guardian is in doubt as to the reasonableness of the fee.
(b) Contents of Petition. Allowances for Maintenance, Support, or Education. A petition for an allowance from a minor's estate, for the maintenance, support, or education of the minor, his spouse or children, shall be presented by the guardian of the estate and shall set forth:
(1) the manner of the guardian's appointment and the date thereof; and, where appropriate, the terms of the instrument creating the estate;
(2) the age and residence of the minor; whether his parents are living; the name of the person with whom he resides; and, if married, the name and age of his spouse and children;
(3) the value of the minor's estate, real and personal, and the net annual income;
(4) the circumstances of the minor, whether employed or attending school; if the minor's parents are living, the reason why the parents cannot support and educate the minor without resorting to the minor's estate;
(5) the date and amount of any previous allowances by the Court;
(6) a recommendation to the Court of the amount of the allowance the petitioner believes should be decreed; and
(7) if the petition is presented by someone other than the guardian of the estate, that demand was made upon the guardian to act, and the reason, if any, given by him for his failure to do so.
(c) Contents of Petition. Joinder. Attached to the petition shall be the joinder of the minor, if over fourteen years of age, and of the parents or surviving parent; or, if both parents are deceased, the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor.
(d) Allowance for More than One Minor. A single petition may be used for an order of allowance for care, maintenance and education of more than one minor or for funeral expenses of a deceased child, spouse, or indigent parent where the minors are members of the same family, have the same guardian, and substantially the same reasons in support of the petition apply to all of the minors.
(e) Whenever a sequestered deposit has been created for the benefit of a minor, whether or not a guardian has been named, allowances therefrom may be upon petition of anyone interested in the welfare of the minor. Such a petition shall conform as nearly as may be to the requirements of these rules and shall, in addition, set forth the interest of the petitioner in the matter.
Rule 12.5G. Minor's Estate. Funeral Expenses.
A petition for allowance for reasonable funeral expenses of a minor's spouse, child, or indigent parent shall set forth the facts, so far as appropriate, required to be set forth in a petition for allowance for maintenance, support, and education and such other facts as may aid the Court in determining the necessity for an affirmative decree.
Order of Court And Now, this 13 day of March, 1995, at 2:46 p.m., the Court hereby approves and adopts Schuylkill County Orphans' Court Rules 14.1A and 12.5E and hereby amends Schuylkill County Orphans' Court Rule 8.1A for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.
The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans' Court Rules Committee.
4) Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rules.
JOSEPH F. MCCLOSKEY,
President JudgeRule 14.1A. Counsel. Incapacitated Persons.
(a) Upon the filing of a petition alleging incapacity and seeking appointment of a guardian, the Court shall appoint separate counsel for the alleged incapacitated person.
(b) Counsel, as guardian ad litem, for the alleged incapacitated person shall immediately investigate the matter; shall file pleadings and defend the petition, if contested; or shall report and recommend to the Court at the hearing on the petition as to those matters which affect the rights of the alleged incapacitated person.
Rule 12.5E. Compromise, Settlement, Discontinuance and Distribution. Minors.
(a) General rule. Except as provided in subsection (b), no settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries and whether such injuries have fully resolved, and such further information as the Court shall deem necessary.
(b) The Court may approve the petition without requiring the appearance of the minor, his guardian, or his doctor, provided the Court concludes that the information contained in the petition is sufficient to satisfy that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred and if the petition is accompanied by:
(1) a written report of a physician as to the extent of the minor's injuries and whether such injuries have fully resolved;
(2) a statement under oath by the guardian certifying
(i) the present physical or mental condition of the minor, and
(ii) approval of the proposed settlement and distribution thereof;
(3) a statement by counsel certifying
(i) the fee charged, detailing any fee in excess of 25%, and
(ii) stating counsel's professional opinion of the probabilities of proof of the case and the reason why the Settlement is proper and in the best interest of the minor;
(4) a statement under oath by a minor age sixteen (16) years or over, certifying his or her approval of the proposed settlement and distribution; and
(5) the written consent and joinder of each interested party.
(c) Every petition filed under this rule shall include an Order setting forth a proposed distribution and shall state whether such distribution is to be made to the Guardian of the Estate or to a restricted account until such time as the minor reaches majority.
Rule 8.1A. Appointment. Fees and Costs.
(c) Each party in interest shall deposit into the Clerk of the Orphans' Court a payment on account of fees and costs in an amount to be fixed by the Court. Failure to deposit said funds as ordered may result in a dismissal of the issues or imposition of appropriate sanctions.
Order of Court And Now, this 1st day of April, 1993, at 1:45 p.m., the Court hereby approves and adopts the following Schuylkill County Orphans' Court Rules for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty (30) days after publication in the Pennsylvania Bulletin. It is further Ordered and Decreed that all former Schuylkill County Orphans' Court Rules are hereby Rescinded as of said date.
The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans' Court Rules Committee.
4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill County Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rules.
JOSEPH F. MCCLOSKEY,
President Judge
RULE 1: JUDGES AND LOCAL RULES Rule 1.2A. Local Rules. Rules Committee.
The Court shall, as often as needed, appoint a committee and shall designate the Chairperson to serve with an assigned Judge on the Orphans' Court Rules Committee. Each member of the committee shall be an active, practicing member of the bar of this Court and knowledgeable and experienced in substantive and procedural matters within the jurisdiction of the Court. It shall be the duty of said committee to meet with the Court for the purpose of recommending amendment, supplementation and/or repeal of these Rules so that said Rules shall at all times constitute a modern and efficient code for the conduct of the affairs of this Court.
Rule 1.2B. Filing, Indexing and Transmittal.
The original of all motions, petitions, and other pleadings shall be filed in the office of the Clerk. The Clerk shall assign a file number to each new proceeding, which number shall be included in all subsequent pleadings filed. The Clerk shall promptly transmit the pleadings to the Deputy Court Administrator--Orphans' Court for assignment to a Judge for disposition.
Rule 1.2C. Petitions and Motions.
(a) Every original petition or motion filed shall set forth in its first paragraph the citation of any statute, rule of court, or other authority relied upon to justify the relief requested.
(b) Every petition or motion filed shall state with particularity the grounds on which it is based and shall be accompanied by a proposed order which, if approved by the Court, would grant the relief sought by the pleading. Every response in opposition to a motion or petition shall be accompanied by a proposed order which, if approved by the Court, would deny or amend the relief sought by the pleading.
(c) The Court may direct that a Rule or Citation be issued, or may schedule a hearing or conference as the issues in the case may dictate.
(d) A copy of the notice required to be given shall be attached to the petition or motion.
Rule 1.2D. Briefs and Argument.
(a) The Court after conference or hearing or in lieu thereof, and whether requested by an interested party or on its own motion, may direct disposition of the issues upon briefs.
(b) Any party or his attorney may request oral argument upon a motion or issue involved in any controverted proceeding and the Court shall have the right to require oral argument.
(c) Unless oral argument is requested or specifically directed, the Court will decide the issues on briefs as submitted per briefing schedule set by the Court.
Rule 1.2E. Procedure Where Briefs are Filed. Contents of Briefs.
When a matter is directed for disposition on briefs, the attorney for the moving party, following a briefing schedule set by the Court, shall furnish the Court with a typewritten brief containing:
(a)(1) an index; (2) a history of the case; (3) a statement of the questions involved; (4) a statement of the facts of the case; (5) a copy of the exceptions, if any; (6) in cases begun by petition, copies of the pertinent docket entries and of the pleadings; (7) a copy of the will and codicils or trust instrument and any other documents the construction of which is involved; (8) a brief of argument; and (9) a certificate of service per (c) of this rule.
(b) The brief of the respondent may contain a counter-statement of the questions involved, a counter-statement of the facts of the case, and shall contain a brief of argument.
(c) Copies of briefs shall be delivered to counsel of record for opposing parties at the same time a copy is delivered to the Court.
Rule 1.2F. Witnesses.
Unless the exigencies of the case require it, an attachment will not be issued to compel the appearance of a witness unless the witness shall have been served with a subpoena at least three days before the day fixed for hearing.
Rule 1.2G. Attorneys.
(a) Agreements. The Pennsylvania Supreme Court Rules of Civil Procedure relating to the Business of the Courts shall govern in agreements of attorneys relating to the business of the Court and to contingent fees, and to the regulation of fees for services and promises to pay for services.
(b) As witnesses. Members of the Bar should not appear as sole counsel in matters in which they expect to be called as witnesses.
(c) Attorney of Record. Every attorney, when employed by any party in any proceeding pending in this Court, shall have his name and Supreme Court identification number marked on the initial pleading or paper filed in the office of the Clerk. So long as the name of the attorney remains in the record, he shall be considered as the attorney for the party for whom his appearance is entered and shall be served with all required notices and pleadings. Any attorney whose client has an interest in the proceeding may, by praecipe, enter an appearance as of record. Any attorney who has properly entered an appearance will receive notice of all hearings, conferences, and orders.
Rule 1.2H. Record Papers. Reproduction of Papers.
(a)(1) Record Papers. The record papers in the office of the Clerk shall be in the custody of said official, who shall be responsible for their safekeeping. No person, other than the Clerk, or his duly authorized clerks shall have access to the files in which such record papers are kept.
(2) No one is authorized to remove records from the office of the Clerk. It is the duty of the Clerk to insure full compliance with this rule.
(3) The record papers in any proceeding may be examined and copied by any party in interest in the office of the Clerk. While the record papers in any case may be photocopied, the file copy of testimony may not be photocopied.
Rule 1.2I. Costs.
When not otherwise regulated by law, the Court will allocate costs in such manner as it deems equitable.
Rule 1.2J. Depository of the Court.
(a) Deposit of Money or Securities in Court. All monies paid or securities delivered into Court shall be deposited immediately in such bank or trust company as the Clerk may designate, to the credit of the court, in the particular estate or proceeding to which the money or securities may belong; and such depository shall keep a separate account of each payment and delivery, designating the same by name of the estate or proceeding.
(b) Withdrawals. No money shall be paid out of Court by the depository, or securities delivered, except on checks or orders of the Clerk accompanied by a certified copy of the Order of Court authorizing such withdrawal or delivery.
(c) Docket to be maintained. The Clerk shall maintain in his office a Money in Court Docket in which shall be entered concisely under the name of the respective estates, the Orders of Court directing money to be paid into Court, as well as an accurate account of the money paid in and paid out, so that the record will fully explain itself.
Rule 1.2K. Decrees. Satisfaction and Enforcement.
(a) Satisfaction. Release. Acknowledgment of receipt of sums of money or property ordered to be paid or delivered by any award or decree of the Court may be made by appropriate release filed of record and noted in the docket entries.
(b) Order to Enforce Decree or Adjudication. Any party in interest may petition the Court for an Order to enforce compliance with the provisions of a decree or an adjudication.
Rule 1.2L. Bonds and Sureties.
(a) Corporate Fiduciaries. When the fiduciary is a corporation having fiduciary powers and authorized to do business in the Commonwealth, a bond will not be required unless the Court, upon cause shown, deems it advisable that a bond be filed.
(b) Corporate Sureties. Every application for the approval of a corporation to act as surety shall be accompanied by a statement, sworn to by the president, secretary or authorized agent of the corporation, that it is duly authorized by certificate issued to it by the Insurance Department of this Commonwealth to become surety on all bonds and obligations, that it has filed such certificate together with a copy of its financial statement with the Prothonotary of Schuylkill County in accordance with the rules of the Court of Common Pleas of Schuylkill County and that the certificate is still in full force and effect.
(c) Individuals as Sureties. All bonds presented for approval, except those having proper corporate surety, shall be accompanied by an affidavit of each person offered as surety, setting forth: (1) his name and residence, and (2) that he is the owner in his individual right in fee simple of real estate located in Schuylkill County having a fair net value, after deducting all liens and encumbrances, in excess of the face amount of the bond upon which he is a surety.
(d) Bond Without Surety. The Court in its discretion may permit a party in interest to execute his individual bond, without surety. When a party in interest is authorized to execute his individual bond, the Court may direct that the bond to be executed contain a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the office of the Prothonotary.
Rule 1.2M. Individual Fiduciaries. Assets and Investments.
(a) Segregation. Assets held by individual fiduciaries subject to the jurisdiction of the Court shall be kept separate and apart from their individual assets and, except where otherwise permitted by Act of Assembly, shall be held in the name of the fiduciary as such.
(b) Deposit of Uninvested Funds. All funds held uninvested shall be deposited in a bank or banks, or trust company or trust companies, the deposits of which are insured by the Federal Deposit Insurance Corporation.
RULE 2: CONSTRUCTION AND APPLICATION
OF RULESRule 2.3A. Definitions.
(a) As used in these rules ''P.E.F. Code'' shall mean a reference to the Probate, Estates and Fiduciary Code, June 30, 1972, P. L. 508, 20 Pa.C.S.A. § 101, et seq.
(b) As used in these rules ''Clerk'' shall mean a reference to the Clerk of the Orphans' Court--Register of Wills.
Rule 2.4A. The Business of the Court.
(a) Calendar. Prior to the close of each calendar year, the Court shall prepare, publish, and make available for distribution, a calendar setting forth the days upon which various matters will be regularly heard during the ensuing year. In the event of a variance or conflict between the contents of such a published calendar and the provisions of these rules, the former shall supersede the latter.
Rule 2.4B. Audits and Continued Audits.
(a) New accounts shall be called for audit on the second Wednesday of each month, at the time and place advertised pursuant to Sch.Co.O.C. Rule 6.6A.
(b) Continued audits shall be heard on such days and at such times as the Court shall set.
Rule 2.4C. Return Days.
Return days, i.e. the days to which citations, rules or other processes are returnable, shall, subject to the provision of § 764 of the P.E.F. Code and except as otherwise provided, be as fixed by local rule or special order of Court. No hearing shall be held on the return day of a citation or rule unless specially ordered by the Court. (See Pa.O.C. Rule 3.2.)
RULE 3: PLEADINGS AND PRACTICE Rule 3.2A. Pleadings, Signature and Verification.
(a) The pleadings in matters before the Court shall be limited to a petition, an answer, new matter, a reply to new matter, preliminary objections, and an answer to preliminary objections.
(1) New Matter. Any defense which is not a denial of the averments of fact shall be set forth under the heading ''New Matter''.
(2) Reply to New Matter. A reply shall be required when new matter is set forth in the answer.
(b) All pleadings, including every petition, motion, answer, and reply, containing an allegation or allegations of fact, shall be signed by the petitioner or petitioners and their attorney and attested either by an affidavit or by a verified statement setting forth that it is subject to the penalties of 18 Pa.C.S.A. § 4904 (relating to unsworn falsifications to authorities) by one or more of the petitioners. When it is impractical to comply with the foregoing, the pleading may be signed and attested by someone familiar with the facts, in which case the reason for the failure of petitioner or petitioners to sign shall be set forth in the attestation.
(c) A copy of every pleading, including exceptions, shall be promptly served upon counsel of record for all parties in interest.
Rule 3.2B. Pleadings. Disposition. Issues of Fact or Law.
(a)(1) Failure to Answer. If the respondent fails to answer a petition as required by the Citation, all material averments of fact in the petition shall be taken as admitted and the Court may, at any time after the return day and upon proof of service of the Citation upon the respondent at least ten (10) days prior to the return date, upon motion, enter a decree granting the prayer of the petition or such other relief deemed appropriate by the Court.
(2) Failure to Reply to New Matter. If the petitioner fails to reply to new matter contained in an answer, the averments of fact set forth as new matter shall be deemed admitted and the case will be at issue.
(b)(1) When an issue of fact is raised by the pleadings, including preliminary objections to jurisdiction, any party may move for a hearing, and the Court, in its discretion, will hear the matter, or refer the same to a master.
(2) When the pleadings are closed, any party in interest may move the Court for disposition of a question of law, upon briefs and oral argument, as needed.
Rule 3.4A. Form. Exhibits.
(a) Typing and Endorsements. Every pleading shall be endorsed with the name of counsel and where practical typewritten and double spaced.
(b)(1) There shall be attached to all petitions as exhibits the originals or copies of all wills, codicils, agreements, and other written instruments relied upon. If the petitioner is unable to attach a necessary exhibit, he shall so state in his petition together with the reason.
(2) The signature of an attorney to a petition shall constitute a certification by that attorney that all copies of written or printed instruments, records, or documents which are not certified or authenticated, are true and correct copies of the original.
Rule 3.4B. Consents. Joinders. Form.
(a) All petitions shall aver that all parties in interest are petitioners, or that consents or joinders of all necessary parties are attached. If the petitioner is unable to attach a necessary consent or joinder, he shall so state in his petition together with the reason.
(b) Whenever a party other than a petitioner desires to consent to or join in the prayer of a petition, there shall be appended to the petition a written ''Consent'' or ''Joinder'' signed by the party in the following form:
I, _________________ , having read and considered the contents of the foregoing petition, do herewith waive the benefit of all requirements of notice of the presentation, or service upon me, of said petition, do authorize the Court to note my general appearance in said proceeding as though I had appeared personally or by counsel, do herewith waive all objections to the Court's jurisdiction over my person, and do herewith consent to or join in [add specifics of prayer for relief]
All ''Consents'' and ''Joinders'' shall be signed by at least two (2) witnesses.
Rule 3.5A. Citation. Proof of Service.
(a)(1) Personal Service. Proof of personal service of a citation shall conform to the provisions of § 766 of the P.E.F. Code. The return shall set forth the date, time, place and manner of service and that true copies of the citation, petition, and preliminary order awarding the citation were handed to the respondent.
(2) Service by Registered or Certified Mail. Proof of service of a citation by registered or certified mail shall be by affidavit of the person making service, which shall set forth that true and correct copies of the citation, petition, and preliminary order awarding the citation were mailed to the respondent postage prepaid, return receipt requested, the date of mailing, the address to which notice was mailed and that attached to the return is the signed return receipt card which accompanied the letter.
(3) Service by Publication. Proof of service of a citation by publication shall consist of proofs of publication together with affidavits by the publisher.
(b) Except as otherwise provided, a return of notice shall be filed with the Clerk on or before the date set for the occurrence of the event of which notice has been given.
Rule 3.6A. Guardians or Trustees ad Litem. Appointment.
Guardians or trustees ad litem may be appointed to represent the interests of any prospective parties in interest who are not sui juris or who are absentees and for whom no guardian or trustee has previously been appointed. Such appointments may be made upon the presentation of the petition to the Court or at any time during the course of the proceeding when the Court deems such action necessary.
Rule 3.7. Pre-hearing Conference.
In any action the Court, on its own motion or upon the motion of any party, may direct the attorneys for the parties to appear for a conference to consider simplification of the issues, possibility of obtaining admissions of facts and documents, and such other matters as may aid in the disposition of the action.
RULE 5: NOTICE Rule 5.1A. Notice. Legal Publication.
The Schuylkill Legal Record shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, by Rule, or by Order of Court.
Rule 5.1B. Service on Attorneys.
Written notice served personally on an attorney of record or on a partner or employee of his office, or by mail addressed to his office, shall be notice to the party whom he represents, except where personal service on the party is specifically required.
Rule 5.2A. Method. Person under Incapacity. No Guardian or Trustee.
Whenever notice is given to a person who is not sui juris and for whom there is no guardian or trustee, notice shall be given by serving it upon him, if he is over fourteen years of age, and, in all cases, upon:
(a) His spouse, if sui juris, or
(b) His next of kin, if sui juris, or
(c) The person with whom he resides or by whom he is maintained; or
(d) The superintendent or other official of the institution having custody of him; or
(e) In such manner as the Court, by special order, may direct.
Rule 5.4A. Notice. Additional Requirements.
(a)(1) Personal Service. Return of personal service shall set forth the date, time, place and manner of such service, and that a true and correct copy of the petition and notice were handed to the person served.
(2) Registered or Certified Mail. Return of notice by registered or certified mail shall set forth the date and place of mailing the petition and notice and shall include the return receipt or a copy thereof.
(3) Publication. Return of notice by publication shall set forth the date(s) and newspapers and/or legal periodicals of publication and shall include proofs of publication or copies thereof.
(b) Except as otherwise provided, a return of notice shall be filed with the Clerk on or before the date set for the occurrence of the event of which notice has been given.
RULE 6: ACCOUNTS AND DISTRIBUTION Rule 6.1A. Accounts. Form. Additional Requirements.
(a)(1) All accounts shall be in the form approved by the Pennsylvania Supreme Court and known as Uniform Fiduciary Accounting Standards. Should the account filed fail to comply with said accounting standards, the Clerk shall notify the Accountant to immediately comply prior to ten (10) days before Audit Day. The corrected account shall be given to all parties in interest. A failure to correct the account shall result in the account being stricken.
(2) Accounts shall be stated on 8 1/2" by 11" paper, fastened together at the top and numbered consecutively at the bottom.
(3) Every account filed with the Clerk shall be signed by each accountant and shall be verified by at least one accountant.
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