THE COURTS

BERKS COUNTY

Rules of Orphans' Court; No. 1999 A.D.

[29 Pa.B. 4544]

Order

   And Now, this 4th day of August, 1999, the Berks County Orphans' Court Rules following hereto are hereby approved and adopted, and as so adopted are promulgated (Amended Rules). The Amended Rules are approved and adopted for use in the Court of Common Pleas of Berks County, Pennsylvania (23rd Judicial District of Pennsylvania), effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin, and said new Rules, as herein approved and adopted, shall apply to all civil proceedings, then and thereafter begun, including, but not limited to, proceedings then pending.

   The Clerk of the Orphans' Court Division of the Court of Common Pleas of Berks County is Ordered and Directed to do the following:

   (1)  Keep continually available for public inspection and copying, copies of this Order and of the Amended Rules.

   (2)  File with the Administrative Office of Pennsylvania Courts ten (10) certified copies of this Order and of the Amended Rules.

   (3)  Distribute two (2) certified copies of this Order and of the Amended Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (4)  Within three (3) weeks after the publication of the Amended Rules as herein adopted and promulgated, the Clerk of the Orphans' Court Division shall cause a copy of this Order and a copy of such Amended Rules to be published one (1) time in the Berks County Law Journal in suitable form so that the same may be placed as additional or replacement pages in the current binder of the Berks County Rules of Court. Each such additional or replacement page shall show in the lower right-hand corner, the effective date of said amended Rule.

By the Court

SCOTT D. KELLER,   
President Judge

Amended Rules

   (i)  Berks O. C. Rule 1.2E(a) is hereby amended to read in full as follows:

   (a)  Appearance. Praecipe. Every attorney employed in any proceeding shall enter an appearance by praecipe, noting thereon the date on which entered, or by endorsement on papers filed, and shall not withdraw the same without leave of court.

   (ii)  Berks O. C. Rule 5.1C is hereby amended to read in full as follows:

   Written notice, served personally on an attorney of record or on a partner or employee of such attorney's office, or by mail addressed to such attorney's office, shall be notice to the party whom such attorney represents, except where personal service on the party is specifically required.

   (iii)  Berks O. C. Rule 5.4A(c) is hereby amended to read in full as follows:

   (c)  Registered or Certified Mail. Return of notice by registered or certified mail shall state the date and place of mailing and shall include the return receipt, or a photostatic copy thereof. When the person who gives notice by registered or certified mail has personal knowledge, or has cause to believe, that such notice was not received by the person to be notified, the person giving notice shall so state in the return. When the address of the person to be served by registered or certified mail is in a country other than the United States of America, a statement that the notice was so mailed to that person at the designated address shall be sufficient unless otherwise ordered.

   (iv)  Berks O. C. Rule 6.1B(b) is hereby amended to read in full as follows:

   (b)  Affidavit. Accounts shall have attached to the end thereof the affidavit or verified statement, as defined by Pennsylvania Rule of Civil Procedure 76, of one or more of the fiduciaries joining in the account, wherein it is sworn, affirmed or verified that: The account as stated is true and correct; and, except where accountants are trustees or guardians, that the grant of letters and the first complete advertisement thereof occurred more than four months before the filing of the account.

   (v)  A new Berks O. C. Rule 6.1D. Appointed Estates. is hereby added to read in full as follows:

   Assets appointed by the donee of a testamentary power and which must be accounted for by the fiduciary of the donee because awarded to such fiduciary by a court of the donor's jurisdiction, shall be shown in an entirely separate account. Such assets shall not be included in an account of the donee's own estate unless the court of the donor's jurisdiction has adjudicated a blending by the donee of the appointed estate with such donee's own estate. Separate accounts of appointed estates shall be captioned as the estate of the donor of the power. The caption shall also set forth accountant's name, describing accountant as fiduciary of the donee and the court which awarded the assets to accountant.

   (vi)  A new Berks O. C. Rule 6.1E. Distribution Before Filing Account. is hereby added to read in full as follows:

   Payments made in distribution from principal or income, except those made by guardians or trustees under order of court or by the terms of the will or trust instrument, may be set forth under a separate heading following the itemized receipts and disbursements. Credit for such distributions, however, will not be noted in the adjudication, and they will not be deducted from the balance for distribution awarded in the adjudication unless vouchers for such distributions are filed with the auditing judge at the audit or at some subsequent time before the adjudication is filed. The court, where such vouchers are lacking, will make awards subject to distributions already properly made.

   (vii)  Berks O. C. Rule 6.2A is hereby revoked.

   (viii)  Berks O. C. Rule 6.3B, the first sentence, is hereby amended to read in full as follows:

   The notice of a personal representative upon the filing of the personal representative's account shall be given at least ten (10) days prior to the audit and shall be substantially as follows:

   (ix)  Berks O. C. Rule 6.9A is hereby amended to read in full as follows:

   (a)  Petition for Adjudication. The accountant shall attach to the account a petition for adjudication in a form approved by the Orphans' Court.

   (b)  Form of Petition. The petition for adjudication shall be on the form provided by the Clerk or typewritten or printed in conformity therewith, signed by the fiduciaries stating the account and verified by at least one of them.

   (c)  The account of a fiduciary will not be confirmed, or distribution to a succeeding fiduciary be decreed, without the previous qualification of such succeeding fiduciary, and the participation of such fiduciary in the audit, or, at the discretion of the court or auditing judge, without such participation by a fiduciary ad litem, appointed for the purpose.

   (d)  The statement of proposed distribution shall be the concluding paragraph of the petition for adjudication to be presented at audit. The petition for adjudication shall be signed by each accountant and be verified by at least one of them.

   (x)  The first sentence of Berks O. C. Rule 6.10A is hereby amended to read in full as follows:

   Objections to accounts shall be in writing, numbered consecutively, signed by the objector or the objector's attorney and each objection shall:

   (xi)  Berks O. C. Rule 6.10D(a) is hereby amended to read in full as follows:

   (a)  Audit List--When Called. Beginning January 1, 1996, the audit list will be called at 9:30 a.m. on the first Wednesday of every month except August. Each audit list shall include accounts continued from previous audit lists, and new accounts eligible for audit.

   (xii)  Berks O. C. Rule 6.11A(a) is hereby amended to read in full as follows:

   (a)  With the confirmation nisi of an adjudication, the auditing judge may file and confirm nisi a decree of distribution; or may direct the submission of a detailed schedule of distribution, which, when approved by the auditing judge shall be the basis of the decree of distribution and shall be so confirmed nisi.

   (xiii)  Berks O. C. Rule 6.11B(b) is hereby amended to read in full as follows:

   (b)  Notice. Written notice of the intended filing of the schedule of distribution and a copy of the schedule of distribution shall be given by the accountant to all parties in interest affected thereby, by regular mail addressed to the last known address of the party in interest or such party's attorney. Such notice may be combined with the notice of audit.

   (xiv)  Berks O. C. Rule 6.11C(b)(2) is hereby amended to read in full as follows:

   (2)  Distribution of assets which were awarded in kind in the adjudication, but which were neither specifically bequeathed to the distributee nor elected by the distributee to be taken in kind or which were revalued.

   (xv)  Berks O. C. Rules 6.11E(a) and (b) are hereby amended to read in full as follows:

   (a)  the name and address of the petitioner and petitioner's relationship to the decedent;

   (b)  the name, date of death and domicile of decedent, whether decedent died testate or intestate, the dates of the probate of the will and of the grant of letters if any and whether the personal representative has been required to give bond, and in what amount;

   (xvi)  Berks O. C. Rule 9.1A is hereby amended to read in full as follows:

   Whenever an examination of assets is ordered in connection with an accounting, the special order of appointment will be included in the adjudication of the account, and the examiner shall make the examination after the schedule of distribution shall have been filed and approved, so that the assets distributable to fiduciaries, which are the assets to be examined, will have been determined.

   (xvii)  Berks O. C. Rule 12B. is hereby amended to read in full as follows:

   When the personal representative at his or her own risk, delivers or permits to be retained assets of the estate in satisfaction or partial satisfaction of the exemption, such personal representative shall set forth the same as a credit in the account.

   (xviii)  Berks O. C. Rule 12C. is hereby amended to read in full as follows:

   When the person entitled thereto claims the exemption but payment or delivery thereof is not to be made until distribution of the estate is awarded by the court upon the personal representative's account, the award thereof will be included in the adjudication upon written request submitted at audit. Such request may be made by the personal representative when written claim for the exemption has been made to the personal representative and may then be included in the petition for adjudication.

   (xix)  Berks O. C. Rule 12.1D.(b) is hereby amended to read in full as follows:

   (b)  At Audit. Objections to exemption claimed at the audit may be made orally, but shall subsequently be reduced to writing, or noted by the Clerk upon the minutes or by the stenographer on the stenographer's notes.

   (xx)  Berks O. C. Rule 12.5C is hereby amended to read in full as follows:

   If bond is required of the guardian, the Clerk shall not issue the certificate of the guardian's appointment until the bond and surety have been approved by the court. Where the guardian is appointed for several minors of the same parents, one bond may be filed to cover the several estates.

   (xxi)  Berks O. C. Rules 12.5D(b), (d) and (f) are hereby amended to read in full as follows:

   (b)  the age and residence of the minor, whether the minor's parents are living, the name of the person with whom the minor resides, the name and age of the minor's spouse and children, if any;

   . . .

   (d)  the circumstances of the minor, whether employed or attending school; if the minor's parents, or other person or persons charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging such person's duty to support the minor; and whether there is adequate provision for the support and education of the minor, the minor's spouse and children;

   . . .

   (f)  the financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary.

   (xxii)  Berks O. C. Rule 12.9A(a)(1) is hereby amended to read in full as follows:

   (1)  the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date of the grant of letters;

   (xxiii)  Berks O. C. Rule 12.9A(c)(2) is hereby amended to read in full as follows:

   (2)  the names of the minor's next of kin and the notice given them of the presentation of the petition;

   (xxiv)  Berks O. C. Rule 12.9C(b)(3) is hereby amended to read in full as follows:

   (3)  the name and address of the purchaser and that such purchaser was highest bidder.

   (xxv)  Berks O. C. Rules 12.10D(a) and (a)(3) are hereby amended to read in full as follows:

   (a)  Form of petition. In a sale, whether public or private, of real estate by a personal representative or trustee without benefit of an order of court directing or authorizing such sale, where such person was required to give bond as such personal representative or trustee, the fiduciary shall present a petition to the court before the proceeds of the sale are paid to such fiduciary by the purchaser, setting forth:

   . . .

   (3)  the amount of the bond or bonds filed by petitioner and the date of such filing and the names or names of the petitioner's surety;

   (xxvi)  Berks O. C. Rule 14.2A is hereby amended to read in full as follows:

   (a)  In General. Petitions for allowances from an incapacitated person's estate when necessary, shall be governed by the appropriate provisions of Rule 12.5D, and as hereinafter provided.

   (b)  Contents of Petition. The petition shall set forth

   (1)  the name of the guardian, the date of the guardian's appointment; if the petitioner is not the guardian, petitioner's relationship to the incapacitated person, and, if not related, the nature of the petitioner's interest;

   (2)  a summary of the inventory, the date it was filed and the nature and present value of the estate;

   (3)  the address and the occupation, if any, of the incapacitated person;

   (4)  the names and addresses of the incapacitated person's dependents, if any;

   (5)  a statement of all claims of the incapacitated person's creditors, known to the petitioner; and

   (6)  a statement of the requested distribution and the reasons therefor; a statement of all previous distributions allowed by the court.

   (c)  Restrictions Governing Allowance. If any portion of the incapacitated person's estate is received from the United States Veterans Administration or its successor, notice of the request for allowance shall be given this agency.

   (xxvii)  Berks O. C. Rule 14.2B is hereby amended to read in full as follows:

   All testamentary writings of the incapacitated person found by the guardian, or in the possession of any other person, shall at the time of the filing of the inventory, be submitted by the guardian or such other person to the court for such safekeeping as the court may direct.

   (xxviii)  Berks O. C. Rule 16.1A is hereby renumbered 17.1A.

   (xxix)  The forms of petition for adjudication attached hereto are hereby approved for use pursuant to Berks O. C. Rule 6.9A.

   (xxx)  The attached forms for the application of a minor pursuant to 18 Pa.C.S.A. § 3206 and accompanying exhibits are hereby approved for use in proceedings pursuant to § 3206 of the Abortion Control Act.

PETITION FOR ADJUDICATION
TRUST INTER VIVOS

COURT OF COMMON PLEAS OF BERKS COUNTY
ORPHANS' COURT DIVISION

In Re:   Trust of _____________________________________  Settlor(s).

         Account of __________

FILE NO. ______

TO THE HONORABLE, JUDGE OF SAID COURT:

The Petition of  ___________________________ represents that:

   (1)  Petitioner resides at _____________________________________ .

   (2)  Petitioner was appointed trustee as follows:¹

   (3)  The trust arises as follows:²

   (4)  Accounts of the fund have heretofore been filed on the following dates: _________________ ;

   (5)  The occasion of the present account is: __________
 
__________
_______________________________________________ ;

   (6)  The names of the parties in interest given notice of the audit, the amount and nature of their interests are as follows:³

Name and Residence	Relationship	Interest	Of Age	Name of Guardian or
			(Yes	Committee, if any,
			or No)	and how appointed

   (7)  The questions for adjudication are as follows:⁴

   (8)  The distributive shares of prinicipal and income should be in conformity with the distributive share set forth in a Schedule of Proposed Distribution to be filed at or before the date fixed for audit.

   Your petitioner, therefore, asks that distribution be awarded to the persons thereunto entitled, as their respective interests may appear.

__________

               Signature of Petitioner

__________

                     Address

__________

   There shall be submitted herewith the following:

   (   )   A copy of the Trust Agreement

   (   )   Attorney's Certificate of Notice

   (   )   Proposed Decree Nisi

   Any item checked not attached hereto shall be submitted at or before audit.

COMMONWEALTH OF PENNSYLVANIA	:
	:	ss
COUNTY OF BERKS	:

   The above-named petitioner __ , _________________ , being duly ______ , do _____ depose and say that the facts set forth in the foregoing petition are true to the best of ______ knowledge and belief.

__________

         Signature of Petitioner

______ to and subscribed before me this _________________ , 19 ______ .  
__________

[ALTERNATIVE]

   I, ______ , verify that I am [a/the] Petitioner in the within Petition, and that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa.C.S.A. § 4904 relative to unsworn falsification to authorities.

Dated: _________________         __________

Petitioner

PETITION FOR ADJUDICATION
INTESTATE

IN THE COURT OF COMMON PLEAS, BERKS COUNTY
ORPHANS' COURT DIVISION

Estate of __________

Late of _________________

Account of ___________________________

File No. ______

TO THE HONORABLE, JUDGE OF SAID COURT:

The Petition of ___________________________ represents that:

   (1)  The decedent died ______ , 19 __ , survived by a spouse whom decedent married on ______ , 19 __ , and the following children were born after the date of the will, viz: __________

_______________________________________________ .

   (2)  Decedent's will, dated ______ , 19 __ , was duly probated and recorded in the Office of the Register of Wills of Berks County, Pennsylvania, on ______ , 19 __ . A copy of said will is hereunto attached, marked Exhibit ''A'';

   (3)  Letters _________________  were issued on ______ , 19 __ , to __________

_______________________________________________ .

   (4)  An inventory and valuations was filed on ______ , 19 __ amounting, to $ ______ , which inventory and valuation is recorded in Inventory Book, Vol. _____ , Page  _____ . A copy of said inventory and valuation is hereunto attached, marked Exhibit ''B'';

   (5)  The decedent's surviving spouse filed an election to take under/against the will on ______ , 19 __ .

   (6)  There is attached hereto a copy of the docket in said estate, marked Exhibit ''C'';

   (7)  Notice of the granting of letters was published in ___________________________  _______________________________________________ on the following dates __________ and in the ''Berks County Law Journal'' on the following dates: _________________ as appears by proof of publication in conformity with the Act of Assembly hereto attached, marked Exhibit ''D'';

   (8)  The names and residences of all legatees given notice of the audit and the amounts and character of their legacies (noting such legacies as have been revoked, adeemed or lapsed), and the nature of their respective interests, are as follows:⁵

Name and Residence	Relationship	Interest	Of Age	Name of Guardian or
			(Yes	Committee, if any,
			or No)	and how appointed

   (9)  All of said parties in interest are living with the exception of:⁶

   (10)  The decedent was ______ at the time of death a fiduciary in another estate.

   (11)  All unpaid creditors and other persons, of whose claims the accountant has notice or knowledge, will be sent actual notice of this audit by letter sent in conformity with the rules of court; and the names of such claimants, the amounts of their claims and whether or not such claims are admitted to be correct, are as follows:

   (12)  The questions for adjudication are as follows:⁷

   (13)  No share of any party in interest has been assigned or attached.

   (14)  The distributive shares of principal and income should be in conformity with the distributive share set forth in a Schedule of Proposed Distribution to be filed at or before the date fixed for audit.

   Your petitioner, therefore, asks that distribution be awarded to the persons thereunto entitled, as their respective interests may appear.

__________	__________
Signature of Petitioner	Signature of Petitioner
__________	__________
Address	Address
__________	__________

COMMONWEALTH OF PENNSYLVANIA	:
	:	ss.
COUNTY OF BERKS	:

   The above-named petitioner ( __ ), _________________ , being duly ______  do _____ depose and say that the facts set forth in the foregoing petition are true to the best of ______ knowledge and belief.

__________

         Signature of Petitioner

______ to and subscribed before me this _________________ , 19 ______ .  
__________

[ALTERNATIVE]

   I, ______ , verify that I am [a/the] Petitioner in the within Petition, and that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa.C.S.A. § 4904 relative to unsworn falsification to authorities.

Dated: _________________         __________

Petitioner

PETITION FOR ADJUDICATION
INTESTATE

IN THE COURT OF COMMON PLEAS, BERKS COUNTY
ORPHANS' COURT DIVISION

Estate of __________

Late of _________________

Account of ___________________________

File No. ______

TO THE HONORABLE, JUDGE OF SAID COURT:

The Petition of ___________________________ represents that:

   (1)  The decedent died ______ , 19 __ , intestate and letters of administration on ______ estate were granted on ______ , 19 __ to __________ _______________________________________________ . Decedent was/was not survived by a spouse whom decedent married on _________________ , 19 __ .

   (2)  The names and residences of all persons having any interest as heirs or next of kin are as follows: (Where an interest arises by representation through a person dead, state the date of death of such person, relationship to the decedent and a full explanation of the manner in which the interest arises.)

   

Name and Residence	Relationship	Interest	Of Age	Name of Guardian or
			(Yes	Committee, if any,
			or No)	and how appointed

All of said parties in interest are living except:

   (3)  An inventory and valuations was filed on ______ , 19 __ , amounting to $ ______ , which inventory and valuations is recorded in Inventory Book, Vol. _____ , Page  _____ . A copy of said inventory and valuations is attached hereto, marked Exhibit ''A.''

   (4)  Attached hereto is a copy of the docket in said estate, marked Exhibit ''B.''

   (5)  Notice of the granting of letters was published in ___________________________  __________ on the following dates: __________ and in the ''Berks County Law Journal,'' on the following dates: _________________ as appears by proof of publication in conformity with the Act of Assembly hereto attached, marked Exhibit ''C.''

   (6)  All unpaid creditors and other persons, of whose claims the accountant has notice or knowledge, will be sent actual notice of this audit by letter sent in conformity with the rules of court; and the names of such claimants, the amounts of their claims and whether or not such claims are admitted to be correct, are as follows:

   (7)  The questions for adjudication are as follows:⁸

   (8)  No share of any party in interest has been assigned or attached.

   (9)  The distributive shares of principal and income should be in conformity with the distributive shares set forth in a Schedule of Proposed Distribution to be filed at or before the date fixed for audit.

   Your petitioner, therefore, asks that distribution be awarded to the persons thereunto entitled, as their respective interests may appear.

__________

               Signature of Petitioner

__________

                     Address

__________

[Continued on next Web Page]

_______

¹ State any other circumstances of appointment.

² State concisely the purpose and terms of trust, how and when established, whether terminated in whole or in part and date and reason therefor, name of any predecessor trustee and accountant's date of appointment. Identify any prior adjudications in which fund was awarded to succeeding or present fiduciary.

³ When required, give notice to Commonwealth, Veterans' Administration or Pa. Department of Revenue. See Rules 5.5, 6.7 and 6.8.

⁴ If none, state ''none.'' If any, state questions which are to be adjudicated, presenting all material facts not already given.

⁵ When required, give notice to the Commonwealth, Veterans' Administration or Pa. Department of Revenue. See Rules 5.5, 6.7 and 6.8.

⁶ State exceptions, if any, giving names, dates of death, and the names of their personal representatives, the date of grant of letters and the place of the grant.

⁷ If none, state ''none.'' If any, state questions which are to be adjudicated, presenting all material facts not already stated.

⁸ If none, state ''none.'' If any, state questions which are to be adjudicated, presenting all material facts not already stated.

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---