THE COURTS
Title 255--LOCAL
COURT RULES
SOMERSET COUNTY
Consolidated Rules of Court; No. 50 Misc. 2004
[34 Pa.B. 5028]
Adopting Order Now, this 19th day of August, 2004, it is hereby Ordered:
1. Somerset County Orphans' Court Rule 6.3.1, subparagraph (e) (Som.O.C.R. 6.3.1(e)), Notice To Parties In Interest, is amended to read as follows, effective thirty days after publication in the Pennsylvania Bulletin:
(e) The Clerk shall give notice of all accounts filed and of the time and place of the call of the confirmation list. The notice shall be published once a week for two consecutive weeks immediately before the day on which the Accounts, with accompanying Statement Of Proposed Distribution, shall be presented for confirmation, in the legal publication designated by local rule and in one newspaper of general circulation published within Somerset County, and the Clerk shall also post copies of the confirmation list in the Clerk's office.2. The Somerset County Court Administrator is directed to:
A. File seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order and the following Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order and the attached Rule with the Pennsylvania Orphans' Court Rules Committee.
D. File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.
By the Court
EUGENE E. FIKE, II,
President Judge
RULES OF COURT
SOMERSET COUNTY ORPHANS' COURT RULESSom. O.C.R. 6.3.1. Notice To Parties In Interest.
(a) Notice of the filing and of the date and time for confirmation as required by law and Rule of Court shall be given by certified or registered mail, return receipt requested, at least ten days prior to the confirmation date. In lieu of such notice, a written waiver of notice may be filed for any party. The notice shall state that any party may file objections in writing with the Clerk of the Orphans' Court at any time prior to the date and time fixed for confirmation, and that if no objection is filed, the Account and Statement of Proposed Distribution will be confirmed absolutely.
(b) In addition to notices otherwise required by law or statute, the surety on the bond of any fiduciary seeking discharge shall be given written notice of the filing of the petition and of the date and time for presentation for Final Decree, by certified or registered mail, return receipt requested, at least ten days prior to the date scheduled for discharge. In lieu of such notice, a written waiver of notice may be filed. The notice shall state that the surety may file objections in writing with the Clerk of the Orphans' Court at any time prior to the time fixed for Final Decree, and that if no objection is filed, a Final Decree shall be made as of course.
(c) Prior to the date for the call of the account for confirmation, the accountant, or counsel, shall file with the Court a return of notice as prescribed in Rule 5.4.1. hereof, in form approved by the Court.
(d) If it shall appear that timely and proper notice has not been given to all parties entitled to notice or that the requisite affidavit of notice has not been filed, or that all costs have not been paid, no order of confirmation or discharge will then be made and in lieu thereof the procedure shall be as follows:
(1) If the irregularity is remedied within twenty (20) days, the Clerk shall represent the matter to the Motions Judge in Chambers for confirmation or discharge order, provided at least ten (10) days have elapsed after notice was given to any party and provided that no objection, exception or answer has been filed meanwhile. If any such objection, exception or answer has been filed, the provisions of Rule 6.4.1.(b) shall apply.
(2) If the irregularity has not been so remedied within twenty (20) days, the time for confirmation or for discharge order shall be as of course extended until the next regular scheduled session for confirmation and discharge, and re-advertisement and re-notification of all parties shall be required, unless the fiduciary makes written application to the Court and obtains special relief for cause shown.
(3) In any case now pending or hereafter arising in which an account, statement of proposed distribution, or discharge petition has been filed but remains unconfirmed for unremedied procedural defect, the Clerk may file a petition with the Court stating the essential facts and requesting issuance of a rule to show cause why an order denying confirmation or dismissing the discharge petition should not be made. A copy of such petition shall be furnished by mail to the fiduciary and his or her counsel, and to each party entitled to receive notice and the case shall be placed on the argument schedule for hearing and argument sec reg.
(e) The Clerk shall give notice of all accounts filed and of the time and place of the call of the confirmation list. The notice shall be published once a week for two consecutive weeks immediately before the day on which the Accounts, with accompanying Statement Of Proposed Distribution, shall be presented for confirmation, in the legal publication designated by local rule and in one newspaper of general circulation published within Somerset County, and the Clerk shall also post copies of the confirmation list in the Clerk's office.
(f) The form of advertisement of Accounts and Statements of Proposed Distribution that have been filed for confirmation by the Court shall be as follows:
NOTICE OF CONFIRMATION OF FIDUCIARIES
ACCOUNTS.To all claimants, beneficiaries, heirs, next-of-kin, and all other parties in interest:
NOTICE is hereby given that the following named fiduciaries of the respective estates designated below have filed their Accounts and Statements of Proposed Distribution in the office of the Register of Wills in and for the County of Somerset, Pennsylvania, and the same will be presented to the Orphans' Court Division, Courtroom No. ____ , Somerset County Courthouse, Somerset, Pennsylvania, on ______ , the ____ day of ______ , 19 ____ at ____ .m., for confirmation. All objections must be filed in writing in the office of the Clerk of Orphans' Court Division, Court of Common Pleas, Somerset, Pennsylvania, prior to the foregoing stated date and time:
ESTATE FIDUCIARY ATTORNEY X X X _________________
Clerk of the Orphans' Court
[Pa.B. Doc. No. 04-1684. Filed for public inspection September 10, 2004, 9:00 a.m.]
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