[32 Pa.B. 2670]
[Continued from previous Web Page] Rule 12.10.1 Private Sale. Contents of Petition. Additional Requirements.
Where the power to sell real property is not granted by will, trust instrument or statute, a petition by a personal representative, trustee or guardian, to sell real property at private sale shall also conform as closely as practicable to all requirements of these Rules with regard to a petition to sell real property at public sale by the fiduciary.
Rule 12.10.2 Private Sale. Exhibits.
Personal Representative. Trustee, Guardian. The following exhibits shall be attached to the petition by a personal representative, trustee or guardian to sell real property at private sale:
(a) Certification that ten (10) business days notice has been given to those parties who do not consent or join;
(b) A copy of the agreement of sale; and
(c) Affidavits in the form required by State Rule 12.10(b) unless otherwise ordered by the Court.
Rule 12.10.3 Private Sale. Security.
The Court, in the decree approving or confirming the sale, may fix the amount of security or additional security which the personal representative, trustee or guardian may be required to enter, or will excuse the fiduciary from entering additional security
Rule 12.10.4 Petition to Fix or Waive Additional Security. Personal Representatives.
(a) Form of Petition. In a sale, whether public or private, of real estate by a personal representative acting without benefit of an Order of Court, directing or authorizing such sale, but who was required to give bond, the personal representative shall present a petition to the Court before the proceeds of the sale are paid by the purchaser setting forth:
(1) The date of death of the decedent:
(2) The date of the grant of letters to the petitioner;
(3) The amount of the bond or bonds filed by the petitioner, the date of such filing and the name or names of the surety;
(4) The total valuation of the personal estate as shown on the inventory and appraisement, if any; and the total proceeds of any real estate sold previously;
(5) A short description of the real property sold, the name of the purchaser, the amount of the consideration to be paid and the terms of the sale;
(6) A list of all liens of record known to petitioner, including mortgages, delinquent taxes, judgments, etc.; and the names and relationships of all parties in interest, with a brief description of their respective interests; and
(7) A prayer for an Order fixing the amount of additional security or for an Order excusing the filing of additional security.
(b) Surety on Additional Bond. The surety on any additional bond, except for cause shown, shall be the same as on the original bond.
Rule 12.12.1 Inalienable Property.
In addition to the requirements of PEF Code Chapter 83 and State Rule 12.12, in the case of
(a) Public Sale. The content of the petition, required exhibits, notices, confirmation and security shall conform to the requirements of Rule 12.9.1 through 12.9.4.
(b) Private Sale. The content of the petition, required exhibits, provisions as to higher offers, security and petitions to fix or waive additional security shall conform to the requirements of Rule 12.10.1 through 12.10.4.
RULE 13. DISTRIBUTION--SPECIAL SITUATIONS Rule 13.3.1 Unknown Distributee. Contents of Report.
The report contemplated by State Rule 13.3 shall be submitted in compliance with the following requirements. Whenever the identity or whereabouts of a distributee is unknown, or that if distribution is made, the beneficiary would not have the actual benefit, use, enjoyment or control of the money or other property awarded, and the court is requested to withhold distribution or to make a provisional award thereof to the accountant, to the Clerk of Courts, or the State Treasurer through the Department of Revenue, or in manner other than to the distributee or the nominee of said distribute, the fiduciary or counsel shall submit to the court or auditor, as the case may be, a written report outlining the investigation made and the facts upon which the request is based.
(a) Unknown Distributee--If it appears that the existence, identity or whereabouts of a distributee is unknown, or if there are no known heirs:
(1) The report shall be filed together with a petition for rule to show cause, seeking permission of the Court to publish service by publication addressed to any known distributee(s), or if none are known, then to the heirs, beneficiaries, successors and assigns of the decedent, trust or fund. Publication, if authorized by the Court, shall be carried out in accordance with Pa. State Rule 5.1(c). The return date and time of the rule to show cause shall be included in the publication of notice. If persons shall appear in response to said notice, the Court may conduct an evidentiary hearing to determine identity of the proper distributee(s).
(2) The contents of said report shall include:
(i) The nature of the investigation made to locate the distributee(s) in full detail;
(ii) If applicable to the determination of distributee(s) identity, a complete family tree in as much detail as possible, supported by as much documentary evidence as the petitioner has been able to obtain; and
(iii) A statement that investigation was made by as many of the following means as are available and feasible: questioning of members of the household of the decedent or settlor, and/or friends, neighbors and/or known relatives thereof; officers and members of groups, unions, social or fraternal organizations to which decedent or settlor belonged; contacting employers and/or co-workers' examining church, insurance, school and voters registration records; Veteran's Administration and Social Security records; naturalization records if not a native born citizen; telephone and electronic media such as internet listings; and such other sources as the circumstances suggest;
(iv) The petition and report shall be verified by the fiduciary and/or by counsel where counsel conducted the investigation; and
(3) If, after notice by publication, such evidentiary hearing as the Court may choose to conduct, the distributee cannot be ascertained, the Court shall cause distribution to be made to the Clerk of Courts of Crawford County, with notice to the Attorney General of the Commonwealth and the fund shall be considered subject to escheat under 27 P. S. § 332 or such similar act as may then be in effect; or the Court may make such other distribution that is proper under the law and rules.
b. Non-resident or Foreign Distributee. If the fiduciary determines that a non-resident distribute shall not be able to receive or to enjoy the actual benefit of the interest due thereto, the fiduciary shall submit a petition and report setting forth:
(1) Identity, relationship and address for the distributee;
(2) Such supporting information as the circumstances require, such as a family tree in as much detail as possible, supported by as much documentary evidence as the petitioner has been able to obtain;
(3) Reason(s) for the request that distribution be withheld or postponed, together with a proposed plan for the securing of the fund, identity of a continuing fiduciary and when possible, the time or event the occurrence of which will make distribution possible;
(4) To the extent possible, notice shall be given to the distributee or where applicable, to the guardian, parent, next friend or party having custody of the distributee, and any other party required by rule or statute; and
(5) Continuing custody or distribution shall be decided in keeping with 20 Pa.C.S. § 4111 and 4112 and/or such other act as may then be in effect.
RULE 14. GUARDIANSHIP OF INCAPACITATED PERSONS Rule 14.1.1 Testamentary Writings.
All testamentary writings of the incompetent found by the guardian or in the possession of any other person shall forthwith be presented to the court by the guardian or such other person for the inspection of the court and the court shall make such order concerning the safekeeping thereof as it may deem appropriate.
Rule 14.2.1 Petition for Adjudication of Incapacity and for Appointment of a Guardian.
A petition to adjudicate a person incapacitated and to appoint a guardian shall set forth3:
(a) All matters required by State Rule 14.2;
(b) Whether the petition seeks limited or plenary guardianship, and what powers are sought for a limited guardian.
(c) Whether the proposed guardian wishes approval of any initial expenditures of funds at the hearing.
(d) Whether the alleged incapacitated person executed a durable Power of Attorney and the name and current address of the attorney in fact.
(e) Whether the alleged incapacitated person executed a Will or other testamentary document and the location of the original document.
(f) Whether the alleged incapacitated person executed a Living Will, advance health care directive or similar document and the location of the original document.
(g) The name of the attorney who has represented the person in the recent past.
Rule 14.2.2 Hearing.
The Court shall fix a date for hearing which shall not be less than ten (10) days after the service of the petition and citation.
Rule 14.2.3 Qualifications of the Guardian.
(a) The class of persons from which a guardian may be appointed shall be as set forth at 20 Pa.C.S.A. § 5511(f).
(b) Non-residents: The Court, except in special circumstances, will not appoint non-residents as guardians of the estate of incapacitated persons residing within this county.
Rule 14.3.1 Petition for Review Hearing.
A petition to adjudicate whether there has been any significant change in the capacity of a person who was formerly adjudicated to be incapacitated shall set forth:
(a) All matters required by State Rule 14.3;
(b) The name and location of the court which adjudicated incapacity;
(c) Whether the former incapacitated person is capable of conducting his own affairs and whether he would be beyond reach of designing persons.
The petitioner may be the incapacitated person, the guardian, the spouse of the incapacitated person, a relative, a creditor, a debtor, or any person interested in the welfare of the incapacitated person.
Rule 14.3.2 Hearing.
A hearing shall be set by the court not less than ten (10) days after service of the petition and notice of hearing.
RULE 15. ADOPTIONS Rule 15.1 Local Rules.
The practice and procedure with respect to adoptions shall be as provided by Act of Assembly and to the extent not inconsistent therewith shall conform either with the pertinent general rule or special order of the local Orphans' Court or, in the absence thereof, with this Rule 15.
Rule 15.1.1 Forms and Instructions.
(a) The court has prepared the suggested forms and instructions as hereinafter listed. A supply of said forms and instructions are available in the Clerk's office. The court may from time to time amend those forms and instructions as well as add new ones. The court desires and suggests, but does not require, that these forms be used.
(b) The forms and instructions which the court has prepared and suggests be used are as follows:
(1) Instructions for completing adoption petition.
(2) Adoption petition form.
(3) Final adoption decree.
(4) Instructions for completing a petition for voluntary relinquishment of parental rights.
(5) Petition for voluntary relinquishment of parental rights.
(6) Preliminary decree setting a hearing on a petition for voluntary relinquishment of parental rights.
(7) Petition for involuntary termination of parental rights.
(8) Preliminary decree setting a hearing on petition for involuntary termination of parental rights.
(9) Final Decree granting involuntary termination of parental rights.
(10) Petition to confirm consent to adoption.
(11) Preliminary decree scheduling a hearing on a petition to confirm consent to adoption.
Rule 15.2.1 Waiver.
Any waiver by a parent of the right to notice of hearing shall be in writing and shall include both a waiver of the right to notice of hearing and a waiver of the right to appear at the hearing. See 23 Pa.C.S.A. § 2503 (c).
Rule 15.2.2 Counsel.
Although not required by the Adoption Act, if there are competing interests the Court shall appoint counsel to represent the child sua sponte or on motion of any party.
Rule 15.3.1 Voluntary Relinquishment to Adult Intending to Adopt Child.
The Court may in its discretion at the conclusion of the hearing enter a final decree terminating the parental rights, but not the parental duties, of a parent or parents as in a voluntary relinquishment to an agency. See 23 Pa.C.S.A. § 2503(c).
Rule 15.3.2 Waiver.
Any waiver by a parent of the right to notice of hearing shall be in writing and shall include both a waiver of the right to notice of hearing and a waiver of the right to appear at the hearing.
Rule 15.3.3 Petition to Confirm Consent to Adoption.
(a) Form of Petition. Contents. The petition to confirm consent shall include the following:
(1) Attached to the petition shall be the following exhibits:
(a) the original consent;
(b) a birth certificate or certification of registration of birth of the said child;
(c) the written consent of a parent or guardian of a petitioner who has not reached 18 years of age, and
(d) the joinder of the Agency having care of the child and its consent to accept custody of the child until such time as the child is adopted.
(2) If the petitioner is an agency the petition shall conform to the requirements of State Rule 15.2(a)(1) through (9).
(3) If the petitioner is an adult intending to adopt a child the contents of the petition shall conform to the requirements of State Rule 15.3(a) and (b).
(b) Procedure.
(1) A Petition to Confirm Consent to Adoption may be filed no less than forty (40) days after a written consent has been signed by a birth parent.
(2) Notice shall be in the form provided in 23 Pa. C.S.A. Section 2512(b), and service shall be as provided in State Rule 15.6. Notice shall be given to the birth parents and putative father, if applicable, and to the parents or guardians of a consenting parent who has not reached age 18.
(3) Following hearing, the Court may issue such decree as clearly sets forth that the consent to adoption is confirmed and that all rights of the consenting birth parent are terminated or in the case of an agency that all rights and duties of the consenting birth parent are terminated.
Rule 15.4.1 Involuntary Termination.
At the conclusion of the hearing under State Rule 15.4, the Court may enter a final decree.
Rule 15.5.1 Adoption.
A petition for adoption shall have attached thereto a proposed preliminary order scheduling the adoption hearing. At the time of the hearing the attorney for petitioner shall submit to the Court a proposed decree of adoption.
(See 23 Pa.C.S.A. 2530 as to requirements for Home Study and Preplacement Report and 23 Pa.C.S.A. 2531 as to requirements for Report of Intention to Adopt. See 23 Pa.C.S.A. 2711 consents necessary.) Rule 15.5.2 Notice need not be provided to any parent whose parental rights have been terminated by petition to confirm adoption.
(See 23 Pa.C.S.A. Section 2535, Section 2724 and Section 2533.)
Rule 15.6.1 Notice, Method and Time.
(a) In proceedings under Rule 15.4 the attorney for petitioners shall make a good faith effort to determine the address and identity of each parent and to provide notice of the proceedings. In adoption proceedings under State Rule 15.5 notice of the proceedings shall also be given to any persons who have custody pursuant to a valid Court Order.
(b) Notice of the involuntary termination petition and hearing shall be served on the natural or putative father whose identity and/or whereabouts cannot be ascertained or on a mother whose identity and/or whereabouts cannot be ascertained by publication in the form and manner approved by the Court following presentation of a separate Motion for Service by Publication and Affidavit of Diligent Search as required by Pa.R.C.P. 430.
(c) A motion for service by publication upon a natural or putative father must aver that the natural mother does not know the identity and/or whereabouts of the natural or putative father; must include his last known address, if known; and must also specify all attempts made by the petitioner to determine the correct identity and/or address of the natural of putative father. (See also 23 Pa.C.S.A. Section 2512(c)).
(d) Publication shall include, as a minimum, the contents of the notice required by 23 Pa.C.S.A. 2513(b). Proof of Publication shall be submitted to the Court prior to the hearing.
______
3The court may prepare and furnish to the Clerk to be made available to interested persons copies of suggested petition, order and decree forms.
APPENDIX TO RULE 3.4.1(h)(2) NOTICE
You are hereby notified that the attached motion/petition will be presented by me on _________________
20 ____ .( ) to the Court Administrator as an uncontested matter;
( ) in Motion's Court at 8:45 o'clock a.m.
CERTIFICATION OF NOTICE AND SERVICE The undersigned represents that prior notice and a copy of this motion and proposed order have been served by ( ) first class mail posted five days prior to the presentation and by ( ) fax or ( ) hand delivery at least two days prior to the date of presentation. Notice was given on the _____ day of _____ 20 ____ upon all parties or their counsel of record.
INFORMATION FOR COURT ADMINISTRATOR A. Is this an original filing in this case? _____ Yes _____ No
B. Has any judge heard this matter previously? _____ Yes _____ No
C. If yes, name of judge who presided over previous matter:
______ Miller ______ Vardaro ______Spataro ______Other/Name
_________________
D. Estimated court time required if this matter is granted:
______ Minutes ______ Hours ______ Days
E. Is this motion/petition opposed by another party?
_____ Yes _____ No _____ Unknown
UNCONTESTED MOTION CERTIFICATION The undersigned represents that:
______ 1. All parties or counsel have consented.
______ 2. Consents of all parties or counsel are attached.
______ 3. The Order seeks only a return hearing or argument date and no other relief.
______ 4. The Order seeks only the appointment of a master, auditor or the like and no other relief.Opposing Counsel: __________
(if opposing party is unrepresented, list his/her current address and telephone):
_____________________________________
_____________________________________ (Phone) __________
I HEREBY CERTIFY ALL OF THE ABOVE STATEMENTS ARE TRUE AND CORRECT.
By: _________________
Attorney for: __________
APPENDIX TO RULE NO. 6.1
COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Clerk of Courts Number:
Name of Estate (Trust or other):
First and Final (or other) Account of (identify and include type of fiduciary)
Date of Appointment: Date of Death (if applicable):
Date of First Advertisement of Letters (if applicable):
Register's File No. (if applicable):
Account Stated From To
_______________________________________________
PURPOSE OF ACCOUNT The accountant(s) offer this account to acquaint interested parties with the transactions that have occurred during the accountant's administration.
The account also contains a Statement of Proposed Distribution*.
It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with:
Name and address of attorney Name and address of accountant ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Telephone: _________________ Telephone: _________________ * If applicable
Name of Estate, Trust, etc:
SUMMARY PRINCIPAL
Receipts
Net Gain or (Loss) on Conversions
Adjusted Balance
Less Disbursements
Balance before Distributions
Distributions to Beneficiaries
Principal Balance Remaining
INCOME
Receipts
Less Disbursements
Balance before Distributions
Distribution to Beneficiaries
Income Balance Remaining
COMBINED BALANCE REMAINING
Name of Estate, Trust, etc:
COMPOSITION OF ASSET BALANCES PRINCIPAL
Total Principal
INCOME
Total Income
Total principal and income
Name of Estate, Trust, etc.:
PRINCIPAL RECEIPTS Total principal receipts
Name of Estate, Trust, etc.:
INCOME RECEIPTS Total income receipts
Name of Estate, Trust, etc.:
PRINCIPAL CONVERSIONS TO CASH
Gain (Loss) On Conversions GAIN LOSS
Total Gain (Loss) on Conversions
Name of Estate, Trust, etc.:
DISBURSEMENTS
(Separate as to Principal and Income)Date Payee Remarks Amount
Total disbursements
Name of Estate, Trust, etc.:
DISTRIBUTIONS TO BENEFICIARIES
(Segregate as to Principal and Income)Total distributions
Name of Estate, Trust, etc.:
STATEMENT OF PROPOSED DISTRIBUTION Under Intestate Law (State relationships to decedent)
Under Decedent's Will - See Will Book , Page
APPENDIX TO RULE 6.1
CERTIFICATE OF ATTORNEY I/we hereby certify that to the best of my/our knowledge, information and belief, the debits and credits in the foregoing account and any statement of proposed distribution filed herewith, are correct and proper, and in that required legal advertising has been duly published. If this is the account of a personal representative, the first complete insertion of advertisements of grant of Letters was published more than four (4) months prior to the date of filing this account.
I/we hereby further certify that to the best of my/our knowledge, information and belief, notice was duly served personally or by certified mail upon every unpaid creditor who has given notice of this claim to the accountant(s), and to every other person of whom the accountant's has/have notice or knowledge who claim an interest in the estate or trust as beneficiary or next of kin (except beneficiaries of specific bequests who have received payment or distribution in kind), together with a copy of this account, a copy of the proposed statement or decree of distribution*, a copy of the request for appointment of an auditor*, and a copy of the will, if any, all in accordance with the requirements of Rules of the Orphans' Court of Crawford County, Pennsylvania. Said notices were given to the following, in the following manner:
NAME ADDRESS METHOD OF SERVICE
Name and address of Attorney For Accountant(s)
_____________________________________
_____________________________________
_____________________________________
*Strike out if not applicable
I/We
hereby(indicate fiduciary relationship, i.e. executor, administrator, trustee, etc.)
verifies that foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period and (if a decedent's estate) that the Grant of Letters and the first complete advertisement thereof occurred more than four (4) months before the filing of the Account. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date __________
Filed this day of , 20 ____
___________________________
Clerk of CourtsCOMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CRAWFORD ) SSI, Clerk of the Orphans' Court in and for said County, do hereby certify the above and foregoing to be a true copy of said account as filed in the Clerk of the Orphans' Court Office of Crawford County on the day of 200 __, of which legal publication has been made.
WITNESS my official signature and the seal of the Clerk of the Orphans' Court Office of said County this day of , 200 __.
___________________________ Clerk
NISI CONFIRMATION AND NOW, this day of 200 __, the foregoing Account and Statement of Proposed Distribution, if any, is confirmed nisi.
___________________________
FINAL CONFIRMATION NOW, , 200 __, no exceptions having been filed, the within Account and Statement of Proposed Distribution are hereby confirmed finally.
___________________________ Clerk
APPENDIX TO RULE NO. 6.3.1
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NOTICE OF FILING ACCOUNT ESTATE OF:
To: _____________________________________
_____________________________________
_____________________________________
Attached is a true and correct copy of the Account of __________
_____________________________________
which will be filed in the Office of the Clerk of Courts in the Courthouse, Meadville, Pennsylvania on ______ ,
20 ____ .Also attached is (1) a statement of proposed distribution*, (2) copy of the decedent's Will*, and (3) request for appointment of auditor*.
The account and/or statement of proposed distribution will be presented to the Court for confirmation nisi on _________________ , 20 ____ .
Unless objections to the account and/or statement of proposed distribution are filed in the Office of the Clerk of Courts, the account and statement of proposed distribution, if any, will be confirmed absolutely and finally ten (10) days after confirmation nisi.
If this Notice is addressed to a claimant, the claim is - is not (strike out one) disputed.*
Dated this _________________ day of _________________ , 20 ____ .
___________________________
Attorney for Accountant
Attorney's address:___________________________
___________________________
Telephone ( ) ______ - ______* Cross out if applicable.
[Pa.B. Doc. No. 02-954. Filed for public inspection May 31, 2002, 9:00 a.m.]
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