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PA Bulletin, Doc. No. 98-1489

THE COURTS

SCHUYLKILL COUNTY

Amendments to Orphans' Court Rules

[28 Pa.B. 4627]

Order of Court

   And Now, this 13th day of August, 1998, at 9:10 a.m., the Court hereby amends Schuylkill County Orphans' Court Rules 14.2C and 15.4C. The rules are amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District) and 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   It is further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.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, together with a diskette reflecting the text in the hard copy version.

   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.

By the Court

WILLIAM E. BALDWIN,   
President Judge

Rule 14.2C Notice.

   (a)  Proof of service of notice shall be presented at the hearing. The affidavit of service shall, in all cases, relate that the petition and citation were read to the alleged incapacitated person in the terms that person is most likely to understand.

   (b)  The completed notification form required by the Uniform Firearms Act, 18 Pa.C.S.A. § 6105, and available in the office of the Register of Wills, shall be presented at the hearing.

Rule 15.4C Involuntary Termination of Parental Rights. Incarcerated Parent.

   Where the natural parent is incarcerated, a petition for involuntary termination of that parent's parental rights must include a statement in the proposed Preliminary Order, submitted with the petition setting the hearing date, that if the natural parent desires to contest the petition, the parent may do so by requesting the issuance of a Writ of Habeas Corpus ad testificandum and/or by filing a petition for appointed counsel pursuant to 23 Pa.C.S.A. § 2313.

[Pa.B. Doc. No. 98-1489. Filed for public inspection September 11, 1998, 9:00 a.m.]


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