[32 Pa.B. 4332]
[Continued from previous Web Page]
NOTICE Rule 5.1A. Method of Notice Generally.
(a) Except as may be provided otherwise by statute or by any rule adopted by the Supreme Court of Pennsylvania, and except as specifically directed or permitted otherwise by these rules, whenever notice is to be given to a person, it shall be given
(i) by personal service upon the attorney appearing of record for such person, delivery at the office of such attorney, or by mail; or
(ii) if there is no such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or
(iii) if his residence is not known, by publication during three (3) successive calendar weeks in the legal periodical and in a newspaper of general circulation published at or near his last known address within the county; or
(iv) in such other manner as the Court shall direct.
(b) ''Mail'' as the term is used in subsection (a) of this rule means registered mail providing for a return receipt or certified mail providing for a return receipt, except for addresses outside the United States, in which event it means registered mail. In the event such registered or certified mail is returned to the sender as unclaimed, refused or undelivered, ''mail'' shall also mean ordinary mail with the return address of the sender appearing thereon. Service by ordinary mail is complete if the mail is not returned to the sender within fifteen (15) days after mailing.
Rule 5.1B. Method. Legal Publication.
The legal periodical in which all publications of notice required by any statute, rule of Court or order pertaining to Orphans' Court matters is the Armstrong County Legal Journal, the address of which is Armstrong County Courthouse, Law Library, Kittanning, PA 16201.
Rule 5.2A. Method. Persons Under Incapacity.
(a) Notice to a person who is not sui juris and who has no guardian or trustee shall be given in such manner as the Court shall direct by special order. Such special order shall issue upon presentation of a petition reciting all known circumstances of the person that are relevant in determining who would be most concerned with his best interests. Notice in advance of the presentation of such a petition is not required.
(b) Notwithstanding the provisions of subsection (a) of this rule, when a minor's net interest in any estate is $25,000 or less, notice shall be given to the minor and, in addition thereto, to the parent or other person maintaining the minor.
(c) In the case of notice of the filing of an account and a statement of proposed distribution, and notwithstanding the provisions of subsection (a) of this rule, when a person who is not sui juris and who has no guardian or trustee, has no interest in the residuary estate but only a fixed interest by way of legacy or bequest, and the obligation to pay the same is fully recognized in the proposed statement of distribution, then notice shall be given to such person, and, in addition thereto, to the parent or other person maintaining him.
Comment 20 Pa.C.S. § 5101 authorizes the Court to permit the distribution of a minor's share of an estate directly to the minor or the parent or other person maintaining the minor, when the share has a net value of $25,000 or less. Notice as permitted by Rule 5.2A(b) of these rules would therefore appear to be appropriate.Rule 5.4A. Notice. Proof of Service.
Proof of service of notice shall be by affidavit of the person serving, mailing, publishing or delivering such notice. When service has been accomplished by registered or certified mail within the United States, the return receipts shall be attached. A proof of service by mail or by delivery shall include the name and address of each party in interest so served.
ACCOUNTS AND DISTRIBUTION Rule 6.1A. Form.
(a) Accounts shall be substantially in the form prescribed by Appendix P of these Local Rules or in the form prescribed by Pa.O.C. Rule 6.1, at the election of the accountant. Each account shall bear the proper caption.
(b) All accounts shall be typewritten on 8 1/2" × 11" paper and shall be stapled in the left margin. Staples shall be the sole means by which the pages are fastened.
Comment The preferred form of the account to be filed by the personal representative of an estate in most instances is the one set forth in Appendix P.20 Pa.C.S. § 3392 pertains to the classification and order of payment of claims and charges against the assets of an insolvent estate. The claims and charges enumerated in 20 Pa.C.S. § 3392(2), (3), (4), and (5) are all to be included in that portion of the disbursements section of Appendix P labeled ''Preferred Debts.''Rule 6.3A. Notice to Parties in Interest. Time.
(a) Notice of the filing with the Clerk of an account and a schedule of proposed distribution shall be given by the accountant to all parties in interest at least twenty (20) days prior to the date when the same will be presented to the Court for confirmation.
(b) Notice of the filing of an account and schedule of proposed distribution shall be substantially in the form prescribed by Appendix Q of these Local Rules.
Rule 6.4A. Time for filing.
An account must be filed no later than thirty (30) days before the regularly scheduled confirmation date published in the annual Court calendar upon which the accountant desires to have the account presented to the Court for confirmation and the statement of proposed distribution, if any, presented for approval.
Rule 6.6. Filing with Clerk of the Orphans' Court Division.
All accounts shall be filed with the Clerk.
Rule 6.9A. Statement of Proposed Distribution. Distribution Determined by Auditor.
(a) When distribution is being proposed by an accountant, the accountant shall attach to the account, as its last page or pages, a statement of proposed distribution in the form of a proposed decree. The proposed decree shall be substantially in the form prescribed by Appendix R of these Local Rules.
(b) After confirmation of an account when no distribution has been proposed, a fiduciary may petition the Court for the appointment of an auditor to determine distribution, pursuant to Rule 8.0A of these rules.
Rule 6.10A. Objections to Accounts and Statements of Proposed Distribution.
(a) Objections to an account or a statement of proposed distribution shall be in writing and shall be filed with the Clerk.
(b) Objections may be filed at anytime before the day the account is to be presented to the Court for confirmation.
(c) Objections shall be numbered consecutively and each objection shall be specific as to description or amount, raise but one issue of law or fact, and set forth briefly the reason or reasons in support thereof.
(d) Copies of the objection shall be served by the objector promptly upon the accountant and all parties in interest.
Rule 6.10B. No Objections Filed.
Except as otherwise provided by statute or the Pennsylvania Orphans' Court Rules, no interested party may object to or in any other manner challenge an account or statement of proposed distribution after the account has been confirmed or the proposed distribution has been approved.
Comment An order of confirmation or approval will be in the form of a final order and not a decree nisi.Rule 6.10C. Appointment of Auditor.
Pursuant to Rule 8.0A of these rules, the accountant, the objector, or any other party in interest must move for the appointment by the Court of an auditor to resolve the issues raised by the objections. The Court may, in its discretion, resolve the issues without such an appointment. Notice in advance of the presentation of such a motion is not required.
EXCEPTIONS Rule 7.1A. No Exceptions to Orders or Decrees Generally. Waiver of Grounds.
(a) No exceptions shall be filed to any order or decree unless permitted by the terms of such order or decree or by Pa.O.C. Rule 7.1.
(b) Exceptions to an order or decree may not be sustained unless the grounds are specified in the exceptions and were raised by petition; motion; answer; claim; objection; offer of proof; exceptions to auditor's reports, master's reports or appraisements; or other appropriate method.
Comment Pa.O.C. Rule 7.1(e) does not permit the filing of an exception to any order in involuntary termination or adoption matters under the Adoption Act.Rule 7.1B. Exceptions to Auditor's Report, Master's Report or Appraisement. Time. Waiver of Grounds.
(a) Exceptions to an auditor's report, a master's report, or an appraisement must be filed within ten (10) days after its date of filing. If a party files timely exceptions, any other party may file cross exceptions within ten (10) days after the filing of exceptions.
(b) Exceptions to an order or decree may not be sustained unless the grounds are specified in the exceptions and were raised by petition, motion, answer, claim, objection, offer of proof, or other appropriate method.
Rule 7.1C. Form of Exceptions. Place of Filing.
(a) Exceptions, whether to an order or decree, auditor's report, master's report, or appraisement, shall be in writing filed with the Clerk.
(b) Exceptions shall be set forth in consecutively numbered paragraphs, each paragraph raising but one issue, and stating the ground or grounds therefor. Exceptions shall be signed by the exceptant or the exceptant's attorney.
AUDITORS AND MASTERS Rule 8.0A. Appointment. Petition.
(a) The Court, on its own motion or upon petition of an accountant or any other party in interest, may appoint an auditor or master.
(b) The petition shall recite why the appointment is sought and what issues the auditor or master is likely to be called upon to resolve.
Comment The purposes of auditors, masters, and of certain other Orphans' Court Division officers may be found at 20 Pa.C.S. § 751.Rule 8.0B. Oath.
The auditor or master, before undertaking appointive duties, shall take an oath before the Clerk to faithfully perform such duties.
Rule 8.1A. Notice of Hearings.
(a) The auditor or master shall fix a date, time and place for hearing and shall give written notice to the accountant or petitioner and all parties in interest or their counsel of record of the hearing by first class mail at least twenty (20) days prior thereto. In the event notice cannot be given in such manner, notice shall be given by advertisement one time in the Armstrong County Legal Journal and one time in a newspaper of general circulation in the county where the decedent resided. The date of publication shall be at least twenty (20) days prior to the hearing.
(b) the notice shall include the following:
(i) the caption and number of the case;
(ii) the fact and date of appointment;
(iii) the name of the fiduciary of the estate
(iv) the time and place of hearing;
(v) a general statement of the matters to be determined; and
(vi) the signature and the typewritten name, address and telephone number of the auditor or master.
Rule 8.1B. Conduct of Hearings.
(a) All hearings before an auditor or master shall be conducted in accordance with the Pennsylvania Rules of Evidence.
(b) The hearings may be continued or adjourned from time to time by the auditor or master for cause shown or upon agreement of all parties present, but each continuance or adjournment shall be to a day certain not more than thirty days distant.
(c) Auditors and masters shall have the authority to administer oaths to witnesses.
(d) Auditors and masters shall have the authority to issue subpoenas, including subpoenas duces tecum.
(e) With leave of court, the auditor or master may retain experts as an aid in the performance of appointed duties. Leave may be obtained by motion presented in Motions Court pursuant to the Local Rules of Civil Procedure. All parties in interest shall receive notice of the presentation of such a motion.
(f) An official court reporter shall take all the testimony and thereafter transcribe the same.
Rule 8.3A. Form of Auditor's Report.
(a) In addition to the requirements of Pa.O.C. Rule 8.3, an auditor's report shall include a statement of proposed distribution and shall have attached a proposed decree which confirms the report and states in detail the distribution proposed by the auditor.
(b) The auditor's report and proposed statement of distribution shall provide for the payment of the auditor's fees and expenses, imposing them upon one or more parties in such manner as is equitable.
(c) The auditor's report shall state the manner of service of notice of the hearing.
Rule 8.6A. Notice of Filing of Report.
(a) An auditor or master shall timely file the report with the Clerk and simultaneously serve notice thereof upon the accountant, all parties who appeared at the hearing, and all parties who received notice of the hearing other than by publication. The notice shall be given by first class mail. A copy of the report shall be attached to the notice. Proof of service of the notice shall be filed immediately after mailing of the same. A copy of the notice shall be attached to the proof.
(b) The notice of the filing of the report shall be substantially in the form prescribed by Appendix S of these Local Rules. The notice shall state that exceptions thereto must be filed within ten (10) days of the date of filing of the report or the report may be confirmed in the case of an auditor or its recommendation adopted in the case of a master.
Rule 8.7A. Confirmation of Auditor's Report.
Unless exceptions to an auditor's report are timely filed, the report will be confirmed by the Court. The Clerk shall transmit the report as of course so it may be so confirmed.
Rule 8.7B. Confirmation of Master's Report.
Unless exceptions to a master's report are timely filed, the Court will adopt its recommendations. The Clerk shall transmit the report to the Court as of course so its recommendations may be so adopted.
OFFICIAL EXAMINERS Rule 9.1A. Appointment. Petition.
(a) The Court, on its own motion, or upon petition of an auditor or any other party in interest, may appoint an official examiner.
(b) The petition shall recite why the appointment is sought.
Comment The purpose of official examiners and of certain other Orphans' Court Division officers may be found at 20 Pa.C.S. § 751.Rule 9.1B. Order to Appear for Examination. Service. Attachment of Person for Failure to Appear. Civil Contempt.
(a) An official examiner may order any person in custody or control of estate or trust assets to appear before him for examination. The order may include a directive to bring papers, other information, or the assets themselves, in an appropriate case. The official examiner shall cause the order to be personally served upon the person by a competent adult. An affidavit of service shall be promptly filed by the person making such service.
(b) If the person directed to appear before the official examiner fails to appear despite proper service, the official examiner may petition the Court for an attachment of the person. The official examiner may file a petition seeking an adjudication of civil contempt. The Court will direct the manner of service of the contempt petition by special order. Notice of the presentation of either kind of petition is required.
Rule 9.1C. Compensation.
The compensation of the official examiner shall be paid from the estate fund. The amount of such compensation shall be fixed by special order of court.
REGISTER OF WILLS Rule 10.1A. Filing of Inventory with Register of Wills.
The inventory filing requirement set forth in 20 Pa.C.S. § 3301 will be deemed to have been satisfied by the filing of an Pennsylvania Inheritance Tax return with the Register. If the decedent owned real estate outside the Commonwealth at the time of his death, a memorandum describing the real estate shall be attached to the return.
Comment 20 Pa.C.S. § 3301 requires the personal representative of an estate to file an inventory with the Register of Wills.Rule 10.2A. Appeals from the Register of Wills. Petition. Contests. Citation. Service. Procedure.
(a) Appeals from a judicial act or decision of the Register of Wills shall be by petition directed to the Court.
(b) The petition shall bear the proper caption and shall be in paragraph form, stating the nature of the proceedings before the Register; the basis for the appeal, including the relevant facts which the petition relies upon; the names and addresses of all parties in interest, including those who are not a party to the record; and a prayer for appeal.
(c) When a petition for appeal has been filed with the Court, the Register of Wills shall cause the record to be certified to the Court and properly docketed in the Orphans' Court Division dockets.
(d) After the record has been certified and docketed as required in subparagraph (c) of this rule, the Court will award a citation directed to all parties in interest.
SPECIAL PETITIONS
FAMILY EXEMPTION Rule 12.1A. Family Exemption. Petition. Procedure.
In the event a petition is filed because the fiduciary has disallowed a claim for a family exemption, the matter shall proceed under Rule 3.5A of these rules.
Rule 12.1B. Personal Property. Appraisement.
When personal property is claimed as the family exemption and an appraisement is necessary, it shall be done in such manner as the Court may direct by special order in each case. The petition seeking such special order shall have a proposed special order attached thereto.
Rule 12.1C. Real Property. Appraisement.
When real property is claimed as the family exemption, an appraisement shall be done in accordance with 20 Pa.C.S. § 3123.
Rule 12.1D. Return of Appraisement. Notice of Filing.
The order of appointment shall fix the date upon which the written appraisement shall be filed with the Clerk by the appraisers. The appraisement shall describe the property, specify the value, and specify the liens and encumbrances upon the property. The appraisers shall timely file their appraisement with the Clerk and simultaneously serve notice thereof to all parties in interest who have been served with the petition other than be publication. The notice shall state the date of filing of the appraisement, the fact that the appraisement will be confirmed by the Court unless written exceptions are timely filed with the Clerk. The notice shall be served by first class mail, and the appraisers shall attach a copy of the appraisement to the notice. A proof of service of notice shall be filed and a copy of the notice shall be attached thereto.
Rule 12.1E. Employment of Counsel by Appraisers.
The appraisers shall hire a lawyer to aid them in the preparation and filing of their appraisement, and in giving the required notice of the filing thereof.
Rule 12.1F. Appraisers Compensation and Expenses.
In addition to the requirements set forth in Rule 12.1D of these rules concerning contents of the appraisement, the appraisement shall have attached thereto a statement of the appraisers fees and expenses. An order of confirmation shall direct payment of the same by the personal representative.
Rule 12.1G. Confirmation of Appraisement.
Unless exceptions to an appraisement are timely filed, the appraisement will be confirmed by the Court. The Clerk shall transmit the appraisement as of course so it may be confirmed.
Rule 12.1H. Hearing or Argument.
Any exceptant or other party in interest may move the Court to schedule a hearing, an argument, or both, upon the exceptions, in the event the Court has not done so on its own. Notice of the presentation of such motion is not required.
ALLOWANCE TO SURVIVING SPOUSE OF INTESTATE Rule 12.2A. Allowance to Surviving Spouse of Intestate. Appraisement.
The manner of appraising the property, of filing and confirming the appraisement, and of giving notice thereof shall be as prescribed by Rule 12.1A through 12.1H of these rules, pertaining to claim for family exemption.
EXTENSION OF TIME FOR FILING OF SURVIVING SPOUSE'S ELECTION Rule 12.3A. Petition for Extension of Time to File Election.
A surviving spouse who seeks an extension of time to file an election under 20 Pa.C.S. Chapter 22 shall proceed under Rule 3.5A of these rules.
APPOINTMENT OF A GUARDIAN FOR THE ESTATE OR PERSON OF A MINOR Rule 12.5A. Appointment of a Guardian for the Estate or Person of a Minor.
(a) A hearing shall be held upon every petition filed for the appointment of a guardian of the person or the estate of a minor, even if the consents of all parties in interest are attached and even if no objection to the petition is filed by any party in interest.
(b) In lieu of the notice requirements of Rule 1.2E of these rules, the notice shall be substantially in the form prescribed by Appendix T of these Local Rules. The notice shall be served by the petitioner upon the minor if at least twelve (12) years of age, upon all parties in interest, including non-custodial parents, and upon any adult who actually has physical custody of the minor, even if their consents are attached to the petition. A copy of the petition shall be attached to the notice. A proof of service of the notice shall be filed. The notice shall be served at least twenty (20) days in advance of the hearing.
(c) The proposed guardian or co-guardians shall appear at the hearing. The minor shall appear at the hearing if he is at least 14 years of age.
(d) All bonds shall be filed with the Clerk within thirty (30) days of the date of appointment. Failure to file the bond may be deemed to be a refusal of the appointment.
Comment An alternative to the appointment of a guardian of the estate may be the establishment of a sequestered deposit under 20 Pa.C.S. § 5103.20 Pa.C.S. § 5101 authorizes the Court to permit the distribution directly to a minor of up to $25,000 by a decedent's estate or trust.
PARTITION Rule 12.8A. Partition. Procedure.
If the Court determines that there shall be a partition of real estate which can be divided without prejudice to or spoiling the whole, the Court shall enter an order directing partition, which shall set forth the names of all the co-tenants and the nature and extent of their interests in the realty. Further proceedings shall be in conformity with the Pennsylvania Rules of Civil Procedure pertaining to partition actions. All filings shall be with the Clerk.
Comment 20 Pa.C.S. § 3534 concerns distribution of assets in kind; it authorizes a court to partition real property in certain circumstances or to direct its sale, in others.
PUBLIC SALE OF REAL PROPERTY Rule 12.9A. Public Sale of Real Property.
(a) After allowance of a public sale of real property, the petitioner shall, in addition to such notice as is required by law, give notice of the sale to each party in interest. The notice may be given by first class mail and must be given at least twenty (20) days prior to the date of the proposed sale. In addition, notice of the sale must be published one time in a newspaper of general circulation in the community where the real property is located.
(b) The notice shall bear the caption of the estate and shall contain:
(i) the address of the property and the municipality in which it is located;
(ii) the area of the property in terms of acres or square feet;
(iii) a list of the improvements on the property;
(iv) a deed or survey description of the property, if one is available;
(v) the name of the grantee of the last recorded deed for the property, together with the deed or record book volume and page; and
(vi) the liens and encumbrances thereon, including the identity of the lienholders and encumbrance holders.
Comment For the power of personal representatives of an estate to sell real property, see 20 Pa.C.S. Chapter 33, Subchapter C. For the power of a guardian of a minor to sell real property, see 20 Pa.C.S. Chapter 51, Subchapter F. For the power of a guardian of the estate of an incapacitated person to sell real property, see 20 Pa.C.S. Chapter 55, Subchapter D.
INALIENABLE PROPERTY Rule 12.12A. Inalienable Property.
After the filing of a petition to sell, mortgage, lease or exchange inalienable property pursuant to 42 Pa.C.S. Chapter 83, the matter shall proceed under Rule 3.5A of these rules.
DISTRIBUTION--SPECIAL SITUATIONS Rule 13.3A. Report by Fiduciary. Distributee Whose Identity or Whereabouts Are Unknown.
(a) When the existence, identity or whereabouts of a distributee is unknown, the report shall be contained within the body of a petition seeking approval to withhold or to make an award other than to the distributee. Notice of the filing of the petition shall be given as directed by special order of Court.
(b) The report shall set forth the nature of the investigation made to locate the distributee, in complete detail, and, in cases of intestacy, a family tree as complete as possible, supported by such documentary evidence as the fiduciary has been able to obtain. An investigation shall include, when appropriate, inquiries of relatives, friends and neighbors; residents of the household in which the decedent resided; labor unions; places of employment; social, fraternal or beneficial organizations; insurance companies; churches; schools; the Social Security Administration; the Veterans' Administration; and such other possible sources of information as circumstances may suggest, including naturalization records.
GUARDIANSHIP OF INCAPACITATED PERSONS Rule 14.1A. Service of Notice of Filing of Petition and Hearing. Proof of Service.
(a) Notice of the petition for appointment of guardian and hearing shall be served by the petitioner upon those persons entitled thereto under 20 Pa.C.S. § 5511(a). A copy of the petition shall be attached to the notice. Service of the notice shall be given at least ten (10) days in advance of the hearing. The notice shall be substantially in the form prescribed by Appendix U of these Local Rules.
(b) Proof of service of the notice shall be presented to the Court at time of hearing.
(c) The petition shall have attached thereto a preliminary order of Court in the form prescribed by Appendix V of these Local Rules.
Rule 14.1B. Appointment of Counsel. Application.
The petitioner shall notify the Court at least seven (7) days prior to the final hearing upon the petition if counsel has not been retained by or on behalf of the alleged incapacitated person. Such notification shall consist of an application alleging the same and requesting the appointment of an attorney. Notice in advance of the presentation of such application is not required.
Rule 14.1C. Independent Evaluation.
A petition filed by an alleged incapacitated person seeking an order for an independent evaluation shall be presented to the Court in Motions Court pursuant to the Local Rules of Civil Procedure, after appropriate notice is given to the counsel for the petitioner, or, if unrepresented, to petitioner.
Rule 14.1D. Emergency Guardian.
(a) A separate petition for appointment of an emergency guardian shall be filed.
(b) After a petition for the appointment of an emergency guardian has been filed, the matter shall proceed on citation and hearing. The provisions of 20 Pa.C.S. § 5511, including those relating to counsel, shall be applicable, except when the Court has found that such provisions are not feasible under the circumstances. If a petitioner believes that one or more provisions of 20 Pa.C.S. § 5511 are not feasible under the circumstances, the petitioner shall state the factual basis for the same, and the Court may, in its discretion, dispense with compliance in the order awarding the citation. If not all required provisions have been complied with by the time of the hearing upon the petition, the Court may, in its discretion at the hearing, further dispense with compliance, if compliance is shown to have been unfeasible.
(c) The petition shall have attached to it a preliminary order of court (emergency guardian) in form prescribed by Appendix W of these Local Rules.
(d) The citation issued in connection with a petition for appointment of emergency guardian shall be modeled after the citation prescribed by Pa.O.C. Rule 14.5, with appropriate changes. A proposed citation shall be presented to the Court for review at the time the petition is presented.
Rule 14.1E. Telephone Testimony.
If all parties or their attorneys of record agree, the Court will receive the testimony of a physician or other expert witness by telephone. In the event there is no such agreement, the Court will nonetheless consider permitting the same upon motion of any party presented at Motions Court in accordance with the Local Rules of Civil Procedure.
Rule 14.1F. Order of Appointment Not in Form of Decree Nisi.
An order appointing a guardian for an incapacitated person shall be in the form of a final order and not a decree nisi.
Rule 14.1G. Failure of Guardian of Estate to File Annual Report. Procedure.
In the event a guardian of an estate of an incapacitated person fails to file any report required by 20 Pa.C.S. § 5521(c)(1)(i), the Clerk shall so notify the Court. Thereafter, the Clerk shall give written notice of such failure to such persons and in such manner as the Court may direct.
Rule 14.1H. Testamentary Writings.
All testamentary writings of the incapacitated person, even those apparently revoked by subsequent instruments, shall, at the time of the filing of the inventory, be filed with the Clerk, to be kept under seal and not to be opened without order of court. The Clerk shall not transcribe, photocopy, microfilm or otherwise duplicate the writings, but shall merely docket their receipt; provided, however, that the Clerk shall provide the appointing judge with a photocopy of the same for retention in the judge's private file.
ADOPTION Rule 15.1A. Filing.
All papers in adoption matters, including petitions for voluntary and involuntary termination, shall be filed with the Clerk. Every petition shall have a proposed order fixing a hearing date attached thereto. Notice regarding adoption-related petitions shall be given in accordance with statute.
Rule 15.1B. Orders Not in Form of Decrees Nisi.
An order terminating parental rights and an order decreeing an adoption shall each be in the form of a final order and not a decree nisi.
Comment Pa.O.C. Rule 7.1(e) does not permit the filing of an exception to any order in involuntary termination or adoption matters under the Adoption Act.Rule 15.4A. Involuntary Termination of Parental Rights. Form of Notice.
The notice required by 23 Pa.C.S. § 2513(b) shall designate the ''Prothonotary of Armstrong County, Room 103, Armstrong County Courthouse, Kittanning, PA 16201 (telephone: 724-543-2500)'' as the person from whom information can be obtained about legal help.
Comment The Local Rules of Civil Procedure designate the Prothonotary as the person from whom information can be obtained about legal help. This rule makes the Prothonotary the source of similar information in orphans' court matters, as well.Rule 15.5A. Adoption. Disclosure of Fees and Costs.
At the hearing upon the petition for adoption, there shall be offered in evidence a report, certified by counsel for the petitioner, setting forth the amount of fees, costs and expenses paid or to be paid to counsel, and any other fees, costs and expense paid or to be paid to an intermediary or any other person or institution, in connection with the adoption.
Comment This rule mirrors the requirements of Pa.O.C. Rule 15.5(d).
TITLE OF RULES Rules 17.1A. Title of Rules.
These rules shall be known as the Local Orphans' Court Rules and shall be cited as ''L.O.C. Rule ____ .''
MISCELLANEOUS Rule 18.1A. Notice by Clerk of Entry of Order, Decree, Etc.
(a) The Clerk shall immediately give written notice by regular mail of the entry of any order, decree, judgment, memorandum or opinion to the lawyer for the petitioner or accountant, or, if unrepresented, to the petitioner or accountant directly, and to all other parties in interest; provided, however, that the Clerk need not give such notice to anyone served by publication unless the person has personally appeared in writing in the proceeding.
(b) Service by the Clerk of a copy of the document itself shall be sufficient notice of its entry if the front page of the copy bears the date and time of its entry.
Comment Rule 1.2C of these rules requires that the name and address of each party in interest be set forth in the body of any petition filed with the Clerk. The proof of service of the notice of the filing of an account or petition will set forth similar information. See Rule 5.4A of these rules. The proof of service of a citation will set forth the same information. See Rule 3.5B and Rule 3.5C of these rules. The Clerk will utilize these sources in determining who should receive notice of entry.
PART IV
LOCAL RULES GOVERNING CONDUCT, OFFICE STANDARDS AND CIVIL PROCEDURE FOR DISTRICT JUSTICES
(cited as L.R.C.P.D.J. No. ____ )
APPELLATE PROCEEDINGS WITH RESPECT TO JUDGMENTS AND OTHER DECISIONS OF DISTRICT JUSTICES IN CIVIL MATTERS Rule 1008. Appeal as Supersedeas.
(a) The procedure set forth in subsection (b) of this rule may be used as an alternative to the procedure set forth in Pa.R.C.P.D.J. No. 1008(B), but only when the judgment entered against the appellant includes no award of money damages for physical damage to the leasehold property. The appellant shall bear the burden of demonstrating to the Prothonotary the applicability of subsection (b) of this rule.
(b) When an appeal is from a judgment of a district justice for the possession of real property, receipt by the district justice of the copy of the notice of appeal shall operate as a supersedeas only if the appellant at the time of filing the appeal deposits with the prothonotary a sum of money equal to the monthly rent payment due for the month in which the appeal was taken and by subsequently timely depositing a sum equal to the monthly rent with the prothonotary within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter.
(c) Upon motion presented at Motions Court pursuant to the Local Rules of Civil Procedure, the Court will strike an appeal whenever a subsequent rent payment required as a condition of a supersedeas has not been paid to the prothonotary.
PART V
LOCAL RULES OF JUDICIAL ADMINISTRATION
(cited as L.R.J.A No. ____ )
MISCELLANEOUS ADMINISTRATIVE PROVISIONS Rule 1901. Termination of Inactive Case. Notice.
(a) The Prothonotary shall list for general call on the first Monday of November of each year at 10:00 A.M. all civil matters in which no steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered. If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.
(b) The Clerk of Courts shall list for general call on the first Monday of November of each year at 10:00 A.M. all criminal proceedings in which no steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to the District Attorney, any private prosecutor and the defendant. If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.
(c) The Clerk of the Orphans' Court Division shall list for general call on the first Monday of November of each year at 10:00 A.M. all civil matters in which no steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered. If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Clerk of the Orphans' Court Division shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.
(d) Each District Justice shall annually provide to the Court Administrator on or before the first day of September in each year a list of all civil and criminal matters in which no steps or proceedings have been taken for two (2) years or more prior thereto. The Court Administrator shall thereupon give notice to the parties in all civil matters, and to the police or private prosecutor, in all criminal matters, that the matter will be dismissed on the first Monday of November at 10:00 A.M. by the District Justice of the District in which the matter was commenced, unless good cause is shown. Each District Justice shall hear all objections to dismissal in the Third Floor Hearing Room of the Armstrong County Courthouse at 10:00 A.M. on the first Monday of November of each year.
(e) Notice of an opportunity for hearing on a proposed termination shall be given by the Prothonotary, Clerk of Courts, the Clerk of the Orphans' Court Division, or Court Administrator, as the case may be, as follows:
(i) in person or by regular mail to the last address of record of the parties or their counsel of record; or
(ii) by publication one time in the Armstrong County Legal Journal, at least thirty (30) days before the date of the general call, where notice by regular mail cannot be given or has been returned undelivered.
Rule 1904. Custody, Storage and Disposal of Exhibits.
(a) The term ''official custodian,'' as used in this rule, shall mean the Prothonotary, Clerk of Courts, or Clerk of the Orphans' Court Division, as the case may be.
(b) All exhibits received in evidence, or offered and rejected, upon the hearing of any cause or motion shall be delivered to the official custodian, who shall keep the same in custody, unless otherwise ordered by the Court.
(c) All exhibits initially taken into custody by the official custodian shall be taken from the custody of the official custodian by the party who produced or offered them, or by such party's attorney of record, within ninety (90) days after the discontinuance of the case or the entry of a final judgment by the Court, or, in the event of an appeal, within ninety (90) days of the disposition of the case by the appellate court; otherwise, such exhibits shall be deemed to have been abandoned. The person seeking a return of exhibits shall, upon request, produce such identification as may satisfy the official custodian. After a return of exhibits, the official custodian shall enter the act upon the appropriate docket.
(d) The official custodian may petition the Court in writing for an order authorizing the destruction or disposal of any abandoned exhibits; provided, however, that the official custodian shall give written notice to the attorney of record of the party who produced or offered the exhibits, or if there is no attorney of record, to the unrepresented party, at least thirty (30) days in advance of the presentation of the petition, by regular mail sent to the attorney's or the party's last known address. The notice shall be substantially in the form prescribed by Appendix X of these Local Rules.
(e) After the destruction or disposal of an exhibit, the official custodian shall verify such destruction or disposal by affidavit filed in the appropriate case file. The affidavit shall include a description of the method and date of disposal.
RULES GOVERNING COURT REPORTING AND TRANSCRIPTIONS Rule 5000.13. Retention and Safeguarding of Reporters' Notes.
(a) Every court reporter who is an employee of the County of Armstrong shall cause all notes of proceedings to be stored and retained in the facilities owned by and provided by the County for such purposes.
(b) In the month of January of each year, every court reporter who is an independent contractor hired from time to time by the County shall deliver to the Court for storage, retention, and protection all notes of proceedings conducted two or more years earlier.
PART VI
LOCAL LAW LIBRARY RULES
(cited as L.L.L.R. No. ____ )Rule 1. Open to Lawyers and General Public. Hours.
The Armstrong County Law Library (''Law Library'') shall be open to lawyers and the general public during the regular business hours of the Court.
Rule 2. Purpose.
The Law Library shall serve as a legal research facility for the Court, County officials, lawyers and the general public. No books, other works or library equipment may be removed from the Law Library by anyone except the Court.
Rule 3. Role of President Judge.
The President Judge shall have authority to make all decisions pertaining to the Law Library. The President Judge shall be the chairman ex officio of the Law Library Committee.
Rule 4. Law Library Committee.
A committee of four resident lawyers appointed by the President Judge shall oversee the general operation of the Law Library and make such recommendations to the President Judge as may be appropriate from time to time. The Law Library Committee shall make recommendations for the selection of books, other works and equipment for the Law Library. The members of the Law Library Committee shall serve without compensation.
Rule 5. Law Librarian.
The general day-to-day operations of the Law Library shall be conducted by a Law Librarian appointed by the President Judge. The compensation of the Law Librarian shall be fixed in the same manner as that of other Court personnel. The Law Librarian shall be supervised by the President Judge.
APPENDIX A
[CAPTION]
COVER SHEET
FOR PETITION REQUIRING EVIDENTIARY HEARING
-1- Has any judge heard this matter previously?
____ Yes ____ No
-2- If yes, which judge has heard it? ______
-3- How much time will be reasonably necessary to conduct the hearing?
____ minutes ____ hours ____ days
I hereby certify all of the above statements are true and correct to the best of my knowledge.
_________________
Attorney for Petitioner
APPENDIX B
[CAPTION]
ORDER AND NOW, this ______ day of ______ , 2 ______ , upon consideration of the foregoing petition, it is hereby ORDERED that
1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
2) the respondent shall file an answer to the petition within twenty (20) days of service upon respondent;
3) the petition shall be decided under Pa.R.C.P. No. 206.7;
4) an evidentiary hearing on disputed issues of material fact shall be held on (day of week) , ______ , 2 ______ , at ____ .M. in Courtroom No. ____ of the Armstrong County Courthouse in Kittanning, Pennsylvania;
5) notice of the entry of this Order shall be provided to all parties by the Prothonotary.
BY THE COURT,
______ J.
APPENDIX C
[CAPTION]
APPLICATION FOR CONTINUANCE NOW COMES ______ , by and through
(Name of Applicant)
(his) (her (its) attorney, _________________ , who
(Name of Attorney)
applies for a continuance based on the following:1. The above-captioned matter is scheduled for __________
(Name of proceeding, i.e., argument, hearing, trial, etc.)
on the ______ , 2 ______ , at ____ .M., before _________________ .
(Name of Judge, Master, etc.)2. The moving party for said proceeding is
__________
(Name of party whose claim is to be heard)3. The other parties are:
______ represented by: ______
______ represented by: ______
______ represented by: ______4. The proceeding was scheduled by__________ (Order or notice)
dated ______ . (Date)5. The proceeding (has) (has not) been previously continued ( ______ time(s)). (The party filing this application has obtained a continuance ______ time(s)).
6. A continuance is requested because __________
__________
__________
__________
__________
__________(State specific reason for request. If continuance is requested because of a conflicting court matter, state (1) name of the case; (2) the court; (3) the nature of the scheduled proceeding; (4) the date, time and expected duration of the conflicting proceeding; and (5) the date of the order or notice scheduling the conflicting proceeding. Attach a copy of the order or notice.)
7. (a) ____ The following parties have been notified of this request and have no objection:
_________________
_________________
_________________
(b) ____ The following parties have not been notified of this request:
_________________
_________________
_________________
(c) ____ Efforts to notify the opposing party include:
_________________
_________________
_________________
(d) ____ The following parties objected to the continuance for the reason stated herein: __________
_________________
_________________
_________________
_________________
8. The proceeding, when heard, will not exceed______ (hours) (days).
9. I specifically request a continuance to the next available date.
Respectfully submitted,
_________________
[CAPTION]
ORDER AND NOW, this ______ day of ______ , ______ , upon consideration of the attached Application of __________
(Name of Applicant)
requesting a continuance:____ the Application is denied.
____ the Application is granted and the matter is
scheduled for ______ , 2 ______ at ______ .m. before
(Date) (Time)_________________ is hereby continued until
(Name of judge, master, etc.)______ , 2 ______ at ______ .m.
(Date) (Time)The applicant shall promptly notify all interested parties of this Order. Thereafter, the Prothonotary shall serve notice of the entry of this Order upon all parties.
BY THE COURT,
______ J.
APPENDIX D
[CAPTION]
NOTICE OF INTENT TO PRESENT MOTION, PETITION OR APPLICATION TO MOTIONS JUDGE To: (name of person)
TAKE NOTICE that the attached __________
(Name of legal paper) will be duly presented to the Motions Judge in Motions Court on the second floor of the Armstrong County Courthouse, Kittanning, Pennsylvania on (day of week), ______ , 2 ______ , at ____ .M. The Motions Judge will be asked to sign an order granting the prayer for relief. You may appear and be heard at that time if you wish.Date: ______
Attorney: _________________
APPENDIX E
[CAPTION]
CERTIFICATE OF SERVICE
(Civil Division Matter)I, the undersigned, hereby certify that I caused a copy of the attached Notice of Intent to Present Motion, Petition or Application to Motions Court Judge to be served upon
Name of Person Method of Service Date of Service
and that attached to said Notice was a true and correct copy of the legal paper referred to therein.
Date: ______
Attorney: _________________
APPENDIX F
[CAPTION]
ORDER AND NOW, this ______ day of ______ , 2 ______ , upon consideration of the (the nature of the preliminary objection and the name of the objector) , it is ORDERED as follows:
1. An evidentiary hearing to be followed by oral argument will be held upon the Preliminary Objections on (day of week) , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse in Kittanning, Pennsylvania. (Strike if no evidentiary hearing is necessary.)
OR 1. Oral argument upon the Preliminary Objections will be held on (day of week) , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse in Kittanning, Pennsylvania. (Strike if no evidentiary hearing is necessary.)
2. (Name of party to whom preliminary objections are addressed shall file a brief concerning the issues raised in the Preliminary Objections on or before ______ , 2 ______ .
3. Notice of the entry of this Order shall be served by the Prothonotary.
BY THE COURT,
______ J.
APPENDIX G
[CAPTION]
ORDER AND NOW, this ______ day of ______ , 2 ______ , upon consideration of the (the nature of the motion , it is hereby ORDERED as follows:
1. Oral argument upon the Motion will be held on (day of week) ,______ , 2 ______ , at ______ .M. in Courtroom No. ____ , of the Armstrong County Courthouse, Kittanning, Pennsylvania.
2. (Name of party defending against motion) shall file a brief concerning the issues raised in the Motion on or before ______ , 2 ______ .
3. Notice of the entry of this order shall be served upon all parties by the Prothonotary.
BY THE COURT,
______ J.
APPENDIX H
[CAPTION]
ORDER You, (Name of Defendant or Respondent) , have been sued in court concerning custody, partial custody, visitation or relocation of the children:
___________________________ .You are ORDERED to appear in person in Room 202 of the Armstrong County Courthouse in Kittanning, Pennsylvania on (day of week) , ______ , 2 ______ , at ______ .M. for a conciliation conference.
If you fail to appear as required by this order, an order concerning custody, partial custody, visitation or relocation may be entered against you or the court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PROTHONOTARY OF ARMSTRONG COUNTY
ARMSTRONG COUNTY COURTHOUSE
ROOM 103
KITTANNING, PA 16201
724-548-2500
AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Armstrong County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.BY THE COURT
Date: ______ ______ J.
APPENDIX I
[CAPTION]
CONSENT ORDER FOR MEDIATION IN A CHILD CUSTODY MATTER AND NOW, this ______ day of ______ , 2 ______ , the parties having consented to the entry of this Order as witnessed by their signatures below, it is hereby ORDERED as follows:
1) The parties are hereby referred to mediation. Mediation shall be conducted by (Name of mediator) in accordance with Pa.R.C.P. No. 1940.1 through Pa.R.C.P. No. 1940.9, inclusive.
2) The compensation of the mediator shall be paid by the parties as follows: ____ % by Plaintiff/Petitioner and ____ % by Defendant/Respondent in accordance with the following: __________
___________________________ .3) The following issues shall be the subject of the mediation:
4) The rules set forth in 42 Pa.C.S. § 5949, relating to confidential mediation communications and documents, shall be applicable.
5) Other:
BY THE COURT,
______ J.CONSENTED TO BY:
_________________ Date: ______
Plaintiff/Petitioner
_________________ Date: ______
Defendant/Respondent
APPENDIX J
[CAPTION]
NOTICE TO: (Name of Person)
TAKE NOTICE that an action has been instituted for the wrongful death of (Name of decedent) at the above-captioned number.
A copy of the complaint is attached. (Strike if inapplicable.)
_________________
Name of Attorney for Plaintiff
Address
Telephone Number
APPENDIX K
[CAPTION]
CONSENT I, ______ , having read and considered the contents of the foregoing (type of petition) , do hereby consent to the Court granting the prayer for relief, and I join in such prayer.
Date: ______ _________________
Witnessed:
_________________
APPENDIX L
[CAPTION]
ORDER AWARDING CITATION AND NOW, this ______ day of ______ , 2 ______ , upon presentation and consideration of the foregoing Petition, it is hereby ORDERED that a citation be awarded, directed to ______ , to show cause why the relief prayed for therein should not be granted.
The citation shall be returnable on ______ , 2 ______ .
OR The citation shall be returnable within twenty (20) days of the date of its service upon the person cited.
BY THE COURT,
______ J.
APPENDIX M
[CAPTION]
NOTICE TO: (Name of Person)
TAKE NOTICE that (name of petitioner) filed a Petition (type of petition) with the Clerk of the Orphans' Court Division in connection with the above-captioned matter on ______ , 2 ______ . A copy of the petition is attached. You have twenty (20) days from the date you were served with this notice to file an Answer with the Clerk of the Orphans' Court Division admitting or denying the averments of the Petition, specifically stating your objections thereto and averring the facts which you rely upon. (Strike if inapplicable.)
OR You have until ______ , 2 ______ to file an Answer with the Clerk of the Orphans' Court Division admitting or denying the averments of the Petition, specifically stating your objections thereto and averring the facts which you rely upon. (Strike if inapplicable.)
If you do not file a timely Answer, the Court may grant the prayer of the Petition without further notice to you.
_________________
Name of Attorney for Petitioner
Address
Telephone Number
APPENDIX N
[CAPTION]
PRAECIPE TO TRANSMIT RECORD TO THE CLERK OF THE ORPHANS' COURT DIVISION:
I, the undersigned, hereby direct the Clerk of the Orphans' Court Division forthwith to transmit the record of this matter, including this praecipe, to the Court for review and action. I certify that notice of (type of petition) was served upon all parties in interest and that the required proofs of service have been filed. The date of service of the last notice to be served was ______ , 2 ______ .
_________________
Attorney for Petitioner
APPENDIX O
[CAPTION]
ORDER TO TRANSMIT THE RECORD AND NOW, this ______ day of ______ , 2 ______ , upon consideration of Petitioner's Motion to Transmit the Record, it is hereby ORDERED that the Clerk of the Orphans' Court Division immediately transmit the full record of the above-captioned matter to the Court for further action.
BY THE COURT,
______ J.
APPENDIX P IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF ______ , : DECEASED, LATE OF ______ : Estate No. _____ _________________ :
Date of Death: ______
Date of first publication of Letters: ______Date Letters Granted: ______
Date to which Account is Stated: ______
ACCOUNT
RECEIPTS
Principal--Realty Total Principal--Realty $ ______ Income--Realty
(include date of receipt, source of payment and amount)
Total Income--Realty $ ______ Principal--Personalty
Total Principal--Personalty $ ______ Income --Personalty
(include date of receipt, source of payment and amount)
Total Income--Personalty $ ______ DISBURSEMENTS
Costs of Administration
(include date of payment, payee and amount)Total Costs of Administration $ ______ Preferred Debts
(include date of payment, payee and amount)
Total Preferred Debts $ ______ Other Debts
(include date of payment, payee and amount)Total Other Debts $ ______ Advance Distributions
(include date of payment, distributee and amount)
Total Advance Distributions $ ______
RECAPITULATION
Receipts: Principal--Realty $ ______ Income--Realty $ ______ Principal--Personalty $ ______ Income--Personalty $ ______ Total Receipts $ ______ Disbursements: Costs of Administration $ ______ Preferred Debts $ ______ Other Debts $ ______ Advance Distributions $ ______ Total Disbursements $______
Balance for Distribution $ ______
AFFIDAVIT STATE OF ______
SS
COUNTY OF ______The above named Accountant(s) being duly sworn according to law depose(s) and say(s) that Letters _________________were granted to ______ and advertised more than four months prior to the filing of this Account; that the disbursements shown in the Account have been made to the parties entitled thereto and that the Account as stated is true and correct as ______ verily believe.
_________________
_________________
Sworn to and subscribed before me
this ____ day of ______ ,
2 ______ ._________________
APPENDIX Q
[CAPTION]
NOTICE Attached is a true and correct copy of the account of
_________________ which was filed in the Office of the Clerk of the Orphans' Court Division on ______ , 2 ______ , and which will be presented to the Court for confirmation on ______ , 2 ______ , unless written objections are filed.Also attached is a proposed decree of distribution, which was filed on the same day, and which sets forth the distribution as proposed by the accountant(s). It will be presented to the Court for approval at the same time the account is presented. (Strike if inapplicable.)
After the account is confirmed, the Court will be asked to appoint an Auditor to determine distribution. (Strike if inapplicable.)
Also attached is a copy of the will. (Strike if inapplicable.)
Unless written objections to the account are filed in accordance with the Local Rules of Orphans' Court on or before ______ , 2 ______ , the Court may confirm the account.
Unless written objections to the proposed decree of distribution are filed in accordance with the Local Orphans' Court Rules on or before ______ , 2 ______ , the Court may approve it and enter a decree directing distribution as proposed. (Strike if inapplicable.)
Dated this ______ day of ______, 2 ______ .
_________________
AttorneyAddress:
_________________
_________________
APPENDIX R
[CAPTION]
DECREE CONFIRMING ACCOUNT AND DIRECTING DISTRIBUTION AND NOW, this ______ day of ______ , 2 ______ , it appearing that the account was duly filed; that proper notice was given to all parties in interest; and that no objections have been filed which require consideration before the entry of this decree; NOW, THEREFORE, the account is confirmed, the statement of proposed distribution is approved, and the accountant is directed to make distribution as follows:
BY THE COURT,
______ J.
APPENDIX S
[CAPTION]
NOTICE OF FILING AUDITOR'S (MASTER'S) REPORT TAKE NOTICE, that the undersigned, the duly appointed auditor, (master,) filed his (her) Report with the Clerk of the Orphans' Court Division on ______ , 2 ______ . A copy of the Report is attached.
Under the Local Orphans' Court Rules, you have ten (10) days from the date the Report was filed to file written exceptions to it with the Clerk of the Orphans' Court Division. If you fail to do so, the Court may confirm the Report (may adopt the recommendations of the Report).
_________________
Auditor (Master)
APPENDIX T
[CAPTION]
NOTICE OF HEARING FOR APPOINTMENT OF GUARDIAN OF MINOR TO: (Name of Person)
TAKE NOTICE that a Petition for the Appointment of a Guardian of (the person, the estate or both) has been filed by (name of petitioner) seeking the appointment of (name of proposed appointee) . A hearing will be held on (day of week) , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse in Kittanning, Pennsylvania.
You may file written objections to the Petition with the Clerk of the Orphans' Court Division at any time before the hearing is held. Even if you do not file written objections, you may appear at the hearing and be heard if you wish.
_________________
Attorney
Address
Telephone Number
APPENDIX U
[CAPTION]
NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN AND HEARING TO: (Name of Person)
TAKE NOTICE that a Petition for Appointment of Guardian of the Person and/or the Estate has been filed by (name of petitioner) in connection with this matter. A copy of the petition is attached.
The Court will hold a hearing upon the petition on (day of week) , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse, Kittanning, Pennsylvania. You may appear at that time and be heard if you wish.
_________________
Attorney
Address
Telephone Number
APPENDIX V
[CAPTION]
PRELIMINARY ORDER AND NOW, this ______ day of ______ , 2 ______ , the foregoing Petition for Appointment of Guardian having been presented in open Court, upon consideration thereof, it is ORDERED that a Citation be awarded, directed to the above-named alleged incapacitated person, to show cause why he/she should not be adjudged an incapacitated person and a plenary/limited guardian of his/her person and estate be appointed.
The time and place of hearing on the petition are fixed for ______ , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse, Kittanning, Pennsylvania.
The petitioner shall give notice to all persons who are entitled thereto as intestate heirs under 20 Pa.C.S. § 5511(a), at least ten (10) days in advance of the hearing.
BY THE COURT,
______ J.
APPENDIX W
[CAPTION]
PRELIMINARY ORDER
(Emergency Guardian)AND NOW, this ______ day of ______ , 2 ______ , the foregoing Petition for Appointment of Emergency Guardian having been presented in open Court, upon consideration thereof, it is ORDERED that a Citation be awarded, directed to the above-named alleged incapacitated person, to show cause why an emergency plenary/limited guardian of his/her person and estate should not be appointed.
The time and place of hearing on the petition are fixed for ______ , ______ , 2 ______ , at ______ .M. in Courtroom No. ____ of the Armstrong County Courthouse, Kittanning, Pennsylvania.
The Court finds that
[ ] Service of notice of the hearing on the petition for emergency guardian is not feasible under the circumstances and is waived.
[ ] Notice of the hearing to the following persons is feasible under the circumstances and directs that the same be given as indicated: __________
__________
__________
__________
_________________ .[ ] Strict compliance with 20 Pa.C.S. § 5511(e); relating to contents of the petition, is not feasible under the circumstances and is waived.
[ ] Strict compliance with 20 Pa.C.S. § 5511(a), pertaining to the right to counsel, is not feasible under the circumstances and is waived in connection with the petition for appointment of emergency guardian only.
BY THE COURT,
______ J.
APPENDIX X
[CAPTION]
NOTICE OF INTENTION TO DESTROY OR DISPOSE OF COURT EXHIBITS TO: (Name of Person)
Please take notice that I intend to petition the President Judge of the Court of Common Pleas of Armstrong County for an order authorizing the destruction or disposal of the following exhibit(s) currently in my custody:
Under Local Rule of Judicial Administration No. 1904, you have thirty (30) days from the date of the mailing of this notice to retrieve custody of the exhibit(s) from me; otherwise, I will present my petition and, if authorized by the President Judge, destroy or dispose of the same without further notice to you.
You may retrieve the exhibit(s) at my office in the Armstrong County Courthouse, during regular business hours.
Date of Mailing: ______ (Signature of Official Custodian)
(Title of Official Custodian)
[Pa.B. Doc. No. 02-1554. Filed for public inspection September 6, 2002, 9:00 a.m.]
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.
