THE COURTS
MCKEAN COUNTY
Adoption of Orphans' Court Procedure; No. 42 of 07-0197
[37 Pa.B. 4988]
[Saturday, September 15, 2007]
Order of Court And Now, this 22nd day of August, 2007, it is ordered and decreed as follows:
1. The Local Rules of Orphans' Court Procedure are hereby adopted, effective 30 days after publication in the Pennsylvania Bulletin;
2. The District Court Administrator of the 48th Judicial District is hereby Ordered to:
a. File seven certified copies of this Order and the Local Rules of Orphans' Court Procedure with the Administrative Office of Pennsylvania Courts;
b. File two certified copies and a computer diskette containing this Order and the Local Rules of Orphans' Court Procedure with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. File one certified copy of this Order and the Local Rules of Orphans' Court Procedure with the Pennsylvania Criminal Procedural Rules Committee;
d. Provide one copy of this Order and the Local Rules of Orphans' Court Procedure to each member of the McKean County Bar Association; and
e. Keep continuously available for public inspection copies of this Order and the Local Rules of Orphans' Court Procedure.
It is further Ordered and Decreed that contemporaneously with the effective date of the within Local Rules of Orphans' Court Procedure, any previously adopted local orphans' court rules are rescinded and vacated.
JOHN M. CLELAND,
President Judge
ORPHANS' COURT DIVISION RULE 1.2:1 Matters for Argument
(a) Upon the filing of any motion, petition, exceptions, or the like, requiring legal argument, the matter will be scheduled by the Court in an order which will also establish the briefing schedule, if any. If the brief is not presented to the Court when ordered, the Court, in its discretion, may refuse to consider a late brief or to hear oral argument.
(b) The Court may, in its discretion, hear oral argument on any motion by speaker telephone conference provided that the conversations of all parties are audible to all persons present, or upon stipulation of all parties, by regular telephone conference call. Upon request of any party, such oral argument may be recorded by a court reporter under such conditions as the Court shall deem practicable. Counsel shall schedule such telephone calls at a time mutually agreeable to all parties and the Court. The expense of the call will be shared equally by the parties, unless the Court directs otherwise.
RULE 1.2:3 Costs
When not otherwise regulated by law, the Court will allocate costs in such manner as it deems equitable.
RULE 1.2:4 Acknowledgment and Satisfaction
The receipt of all sums of money or property ordered to be paid or delivered by any award or decree of this Court shall be evidenced by a writing filed with Clerk, or evidenced in such other manner as the Court may order.
RULE 1.2:5 Petitions to Enforce Compliance
Any party in interest may petition the Court for an order to enforce compliance with the provisions of a decree or an adjudication.
RULE 1.2:8 Individual Sureties
(a) Application for Approval. Justification for Surety--Except as otherwise provided by paragraph (b) of this Rule, an application for the approval of an individual surety shall be accompanied by an affidavit of the proposed surety, setting forth:
(1) his name, residence address;
(2) location of the real property owned by him;
(3) a brief description of the real estate and what it consists of;
(4) how, or from whom, the real estate was obtained and when obtained;
(5) that the surety or sureties do not contemplate selling or encumbering said property;
(6) the encumbrance upon the real property, including lease, agreement of sale, option, and the like;
(7) the assessed value of the property for taxation purposes;
(8) a certification of the value of the said property;
(9) a certification that the surety is not a party in a pending divorce action.
(b) Nothing in this rule shall preclude the Register from approving an individual surety justified by the surety's ownership of personal property.
(c) Bond Without Surety. Confession of Judgment--The Court, in its discretion, may permit a party in interest to execute his individual bond, without surety. When a party in interest is authorized to execute his individual bond or individual surety is approved, the Court may direct that the bond to be executed contain a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the Office of the Prothonotary.
RULE 1.2:9 Corporate Sureties
(a) In General--Surety companies duly authorized to do business in this Commonwealth may become surety on any bond or obligation required to be filed in Court.
(b) Exceptions--Except when required by statute or for special cause shown, a bond will not be required of an approved corporate fiduciary.
RULE 1.2:10 Assets and Investments
(a) Segregation and Designation of Assets--Assets held by individual fiduciaries subject to the jurisdiction of the Court shall be kept separate and apart from their individual assets and, except where authorized by statute or otherwise, shall be held in the name of the fiduciary as such.
RULE 2.3:1 Definitions
In addition to those words and phrases defined by the Supreme Court Rules, the following words and phrases when used in these Local Rules, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this Local Rule:
''Verify,'' ''verification,'' or ''verified statement'' means an unsworn written statement made under penalty of perjury.
RULE 3.1:1 Notice to Defend or Plead
Where a notice to defend or to plead filed in accordance with the Rules of Civil Procedure has been endorsed on a pleading, the pleadings and practice shall conform with the pleading and practice in equity of the local Court of Common Pleas insofar as the requirement of responsive pleadings are concerned.
RULE 3.1:2 Hearings
Petitions and motions shall have attached thereto a proposed order of court, which shall be prepared by the party presenting the petition or motion, and which shall include a space for the insertion of a date and time for a hearing and for the taking of testimony if necessary.
RULE 6.1(e):1 Form of Accounts. Additional Requirements
In addition to complying with the Supreme Court Rules, each account shall be accompanied by a certificate of the attorney for the accountant that to the best of his knowledge, information, and belief, the debits and credits and any statement of proposed distribution filed therewith are correct and proper and that any required legal advertisement has been duly published. An attorney also acting as the accountant may sign the certificate in both capacities.
RULE 6.3:1 Contents of Notice. Additional Requirements
In addition to complying with the Supreme Court Rules, the notice to parties in interest shall set forth:
(1) The date on which the account and any statement of proposed distribution will be presented to the Court for nisi confirmation, and that they will be confirmed absolutely unless objections are filed within twenty (20) days thereafter:
(2) If a copy of the account is not provided with the notice, then the accountant must inform any party in interest that the account will be provided upon request.
RULE 6.3:2 Advertisement of Accounts
All accounts filed with the Clerk shall be advertised by the Clerk in the manner prescribed by law and shall also state that unless objections are filed within twenty (20) days after nisi confirmation, the account will be confirmed absolutely and that thereafter distribution may be decreed by the Court, without reference to an auditor, in accordance with any statement of proposed distribution filed with the account.
RULE 6.9(a):1 Form of Statement of Proposed Distribution
The statement of proposed distribution, if any, shall accompany the account and shall specify the names of the person or persons to whom the balance available for distribution is awarded, the amount or share awarded to such person or persons, and whether the proposed distribution is in cash or in kind.
RULE 6.9(b):1 Notice and Advertisement
Notice and advertisement of the filing of a statement of proposed distribution shall be included in the notice and advertisement as provided in Local Rules 6.3:1 and 6.3:2.
RULE 6.10:1 Objections
Objections to an account or statement of proposed distribution shall be in writing, shall state such material facts as may entitle the objectant to relief, and shall be filed with the Clerk prior to or within twenty (20) days after nisi confirmation. Any issue not raised by the written objections is waived. The objectant shall serve a copy of the written objection on the accountant promptly upon filing. Upon receipt of the written objection, the accountant shall promptly notify all parties identified in Rule 6.3 of the filing of the objections and their content.
RULE 6.11(a):1 NISI Confirmation
The accounts of fiduciaries shall be presented to the Court for nisi confirmation at the date and time set for confirmation of accounts by the Court as set forth in the Annual Court Calendar, unless otherwise directed by the Court.
RULE 6.11(a):2 Confirmation Absolute
(a) Unless objections are filed in accordance with Local Rule 6.10:1, the confirmation of accounts and statements of proposed distribution filed with accounts shall be made absolute by the Clerk, without further order of Court, provided that an affidavit or verification is filed showing that notice has been given in compliance with Local Rule 6.3:1. The confirmation of the account and any statement of proposed distribution filed with the account shall be placed upon the record and the account by the Clerk.
(b) No account, or statement of proposed distribution filed with any account, shall be considered finally confirmed except by written confirmation by the Clerk as hereinbefore provided or by order of Court; and such final confirmation, if relating to a statement of proposed distribution filed with any account, shall expressly state that it is a final confirmation of the account and the statement of proposed distribution filed therewith.
RULE 6.11(a):3 Confirmation of Title to Real Property
(a) Separate Awards--A schedule of distribution shall set forth separate awards of real property in separate paragraphs.
(b) Description--Real property shall be described in the manner appearing in the last deed of record, or in some other proper manner, and in addition should include information pertinent to the derivation of title.
(c) Certification by Clerk--The Clerk may, at the request of any party in interest, certify excerpts from a decree of distribution for recording in any public office for recording deeds.
RULE 7.1:1 Exceptions, Rules Governing
(a) Proceedings Commenced Before the Register--Orders and decrees entered upon appeal or upon certifications from the Register shall become absolute as of course, unless written exceptions thereto are filed with the Clerk within ten (10) days from the entry thereof.
(b) Other Exceptions--Other exceptions shall be filed with the Clerk within ten (10) days from entry of the decree or order, unless extended by Order of Court.
(c) Form of Exceptions--Exceptions may be filed by any party to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to the decree or adjudication nisi. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived, unless, prior to final decree, leave is granted to file exceptions raising these matters.
RULE 8.1:1 Notice of Hearings
(a) Original Hearing--Ten (10) days notice of the time and place of the first hearing before the auditor or master shall be served on all parties in interest or their attorneys as provided in Rule 5.1.
(b) Subsequent Hearings--Notice of succeeding hearings given by the auditor or master at a hearing of which proper notice has been given shall constitute sufficient notice of such succeeding hearings. Otherwise, notice of subsequent hearings shall be given as set forth in (a) above.
RULE 8.6:1 Notice of Filing Report, Preliminary Exceptions
After the report is prepared, the auditor or master shall serve on the parties who have appeared before him, or their attorneys, ten (10) days written notice of the day fixed for filing the same and in the meantime, such parties shall be allowed access thereto. Any party interested may file preliminary exceptions to the report, before the day fixed for the filing thereof. If preliminary exceptions are filed, the auditor or master shall reexamine the report and amend the report if, in his opinion, the preliminary exceptions are, in whole or in part, well founded. If the report is not filed at the time fixed therefor in the said notice, said report shall only be filed after five (5) days written notice is given to the parties, or their attorneys. The auditor or master shall certify in his report the manner and time of serving the notice herein required.
RULE 8.7:1 Approval of Expenses and Fees Prior to Confirmation
No auditor's or master's report shall be confirmed nisi or otherwise approved until such time as the Court shall have entered an order approving the amount of expenses to be reimbursed unto and the amount of fees to be awarded unto the auditor or master. The auditor or master shall make a recommendation on the allocation of expenses and fees among the parties. The Court may assess said expenses and fees upon any party in interest, as it deems fit.
RULE 8.7(a):1 Confirmation of Auditor's Reports, Exceptions
All reports of auditors shall be filed on the date set by the auditor, pursuant to these Rules. Upon the filing of the report, it shall be confirmed nisi, which confirmation shall be made absolute by the Clerk without further order of Court, unless exceptions thereto are filed.
RULE 8.7(b):1 Confirmation of Master's Reports, Exceptions
All reports of master shall be filed on the date set by the master pursuant to these Rules. Upon the filing of the report, the Court shall enter a decree nisi either adopting the master's recommendations or rejecting the same. A decree nisi shall be made final by the Clerk without further order of Court, unless exceptions thereto are filed.
RULE 8.8:1 Absolute Confirmation. Auditor's and Master's Expenses and Fees
Unless authorized by order of Court, no nisi confirmation or decree nisi shall be confirmed absolutely by the Clerk until all expenses and auditor's or master's fees have been paid to the Clerk. Upon absolute confirmation, the Clerk shall pay all expenses and the balance of the auditor's or master's fee to the auditor or master.
RULE 10.2:1 Appeal by Petition
All appeals under Rule 10.2 shall be by petition to the Court which shall set forth:
(1) the nature of the proceedings before the Register;
(2) a copy of any Will in controversy;
(3) a statement of the facts and circumstances upon which he relies;
(4) a precise statement of the questions of law or of fact involved;
(5) the names and addresses of all parties in interest
RULE 10.2:2 Certification and Citation; Bond
(a) If the averments of the petition for appeal appear to be prima facie sufficient, and, if any bond or security required by law has been filed and approved by the Register, the Court shall award a citation and, if it has not been done by the Register on his own motion, order certification of the entire record of the Register to the Court. The citation shall be directed to all parties in interest and shall require them to file a complete answer under oath or verification to the averments of the petition, on or before a day certain which shall not be less than ten (10) days after the service thereof, and to show cause as the decree of the Court shall Provide.
(b) Proof of service of the citation shall be filed with Register on or before the return date of the citation.
(c) The Court may issue a citation and direct that the Register certify to the Court the record, without regard to whether or not testimony has been taken before the Register.
RULE 10.2:3 Grant of Jury Trial
(a) Determination by Court--The Court will determine preliminarily whether a jury trial shall be granted upon any issue of fact arising upon the certification or appeal. The Court may grant a jury trial based on the testimony taken before the Register; or, if the parties agree that the case be heard on the testimony taken before the Register, the Court may grant or refuse to grant a jury trial, depending, in each instance, on whether or not he finds that a substantial issue of fact exists.
(b) Decree--If a jury trial is granted, the decree shall specify the issues to be tried, which may be in form agreed upon by the parties, or as the Court shall determine.
RULE 12.1(a):1 Family Exemption. Additional Requirements
(a) Contents of Petition--In addition to complying with the Supreme Court Rules, a petition for a family exemption shall also set forth in separate paragraphs:
(1) the name, residence and date of death of decedent;
(2) the name, address and relationship of the petitioner to the decedent, and whether the petitioner formed a part of decedent's household at the date of his death:
(3) if petitioner be the surviving spouse, the date and place of the ceremonial marriage; or, in case of a common-law marriage, all averments necessary to establish the validity of such a marriage;
(4) whether the decedent died testate or intestate; where, when, and to whom letters were granted; and if decedent died intestate, the names, relationship and addresses of those interested as next of kin;
(5) the location and valuation of the property claimed;
(6) that ten (10) days prior notice of the filing of the petition has been given to the personal representative, or, when no letters have been granted, to the parties adversely affected; and
(7) a request for appraisers when an appraisal is required.
(b) Exhibits--The following exhibits shall be attached to the petition:
(1) a copy of the will;
(2) a copy of the inventory and appraisement showing the valuation of the property claimed, when the exemption is claimed from personal property, and the gross estate exceeds the statutory amount of the family exemption; and
(3) an affidavit or verification of return of notice.
RULE 12.1(b):1 Appraisal
(a) Procedure when Appraisal Required--Unless otherwise directed by the Court, upon petition the Court may appoint such appraisers as required by law who shall, within thirty (30) days after appointment, file with the Clerk an appraisal of the property claimed.
(b) Upon the filing of the appraisal with the Clerk the appraiser shall also give notice thereof to the personal representative and to the next of kin; and, if there by neither personal representative nor next of kin, to the Attorney General.
(c) The notice shall contain a copy of the petition and the appraisal, and a statement that nisi confirmation of the appraisal will be requested and may be allowed by the Court at a stated date and unless exceptions are filed thereto, the appraisal shall be confirmed absolutely ten (10) days thereafter by the Clerk without further order of Court. Said notice shall be given by the appraiser not less than ten (10) days prior to the date set for nisi confirmation.
RULE 12.2(a):1 Allowance to Surviving Spouse of Intestate. Additional Requirements.
(a) Contents of Petition--In addition to complying with the Supreme Court Rules, a petition for the allowance to the surviving spouse of an intestate shall also set forth in separate paragraphs:
(1) the information required in a petition for family exemption under Local Rule 12.1(a):1, as far as appropriate; and
(2) that ten (10) days prior notice of the intended presentation of the petition has been given to the personal representative; or, if no personal representative has been appointed, to those interested as next of kin; and, if there be no next of kin, to the Attorney General.
(b) Exhibits--The following exhibits shall be attached to the petition:
(1) a copy of the inventory and appraisement; and
(2) an affidavit or verification of return of notice.
RULE 12.2(a):2 Conclusiveness of Averments
If the averments of the petition are not conclusive as to the right of the spouse to the allowance being claimed, the matter may be referred by the Court to a master or auditor.
RULE 12.2(b):1 Appraisal. Notice. Practice and Procedure.
(a) Filing of Appraisal--The appraiser shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.
(b) Notice of Appraisal--Upon the filing of the appraisal notice thereof shall be given to the personal representative, and to the next of kin, and if there be neither personal representative nor next of kin, to the Attorney General. The notice shall contain a copy of the petition and the appraisal, and a statement that nisi confirmation of the appraisal and the setting apart of the real estate to the surviving spouse will be requested and may be allowed by the Court at a stated time, and unless exceptions are filed thereto, confirmed absolutely ten (10) days thereafter. Said notice shall be given not less than ten (10) days prior to the date set for nisi confirmation. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court shall direct.
(c) Confirmation and Setting Apart of Allowance--Unless exceptions are filed to the nisi confirmation, the appraisal and award of real estate shall be confirmed absolutely by the Clerk without further order of court.
(d) Exceptions--Exceptions to an appraisement shall be filed with the Clerk within ten (10) days after nisi confirmation. Copies of the exceptions shall be served on the fiduciary, if any, and on the spouse or their attorney, within five (5) days after filing. If exceptions are filed, the matter may be placed on the Argument List by praecipe for disposition.
RULE 12.3(b):1 Extension of Time. Contents of Petition.
A petition for the extension of time in which the surviving spouse may file an election take against the Will shall set forth:
(1) the information required to be set forth in a petition under Supreme Court Rule 12.3(a), paragraphs (1) through (7), inclusive, as far as appropriate; and
(2) the facts relied upon to justify an extension of time in which to file the election.
RULE 12.3(b):2 Extension Time. Practice and Procedure.
The petitioner shall file the petition with the Clerk and serve copies thereof on all persons adversely affected thereby who do not join in the prayer of the petition. The Court shall issue a rule to show cause why the prayer of the petition should not be granted, and service thereof shall be made by the Petitioner on all parties served with the original petition. In the absence of objection, upon the presentation of an affidavit or verification of return of notice on or after said day, an appropriate decree may be entered by the Court.
RULE 12.5(c):1 Exhibits To Petition
The following exhibits shall be attached to the petition:
(1) Consent of Parents or Person in Loco Parentis--Written consent of the parents or the surviving parent of the minor to the appointment of a guardian for his estate or person is required. If both parents are deceased, such consent is required of the adult person with whom the minor resides or of the superintendent or other official in charge of the institution having custody of the minor and, the spouse of the minor if the minor is married. If such consent is not obtained, the petitioner shall set forth the reason and give such notice of the Petition as the Court may direct.
(2) Consent of Guardian. Individual--When the proposed guardian is an individual, his written consent to act as such shall contain, in addition, the following statements:
(A) his business and domicile;
(B) that he is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and that he has no interest adverse to the minor.
(3) Consent of Guardian. Corporate--When the proposed guardian is a corporate fiduciary, its written consent to act as such shall contain, in addition, a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary; and that it has no interest adverse to the minor.
(4) Funds Arising From Litigation--If any part of the minor's estate was obtained as a result of litigation or compromise of litigation in a Court of record, a copy of the decree approving the compromise and distribution of the proceeds of the suit shall be attached to the petition.
RULE 12.5(e):1 Guardians of Minors. Appearance Before the Court.
(a) Appearance. Minor over Fourteen--If the minor is over fourteen (14) years of age the Court shall hold a hearing at which he shall appear in person and state his preference of guardian. If the minor is unable to appear in person, the reason for his absence shall be set forth in the petition.
(b) Appearance. Other Persons--The Court may excuse the appearance of a minor fourteen (14) years of age or under, or the parents or proposed guardian of the minor at any hearing scheduled by the Court.
RULE 12.5:1 Minor's Estate. Restricted Account.
(a) Waiver of Security--In lieu of the entry of security, the Court, in the decree appointing the guardian, may authorize the guardian to deposit the funds of the minor in an interest-bearing deposit insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation subject to the express restriction, to be noted on the records of the institution, that no withdrawals shall be made therefrom without order of court, with a further requirement that the evidence of the deposit or investment, marked to indicate the restriction, shall be promptly exhibited to the Court.
(b) Payment at Majority of Minor.
(1) The decree of the Court may contain a further provision that if no withdrawals are made from the account during minority, the institution may pay over the funds when the minor attains his majority, upon the joint order of the guardian and the former minor without further order of court.
(2) If, upon subsequent order of this Court, withdrawals have been made from the account during minority, the guardian shall file a petition for his discharge upon the minor's attaining his majority. There shall be attached to the petition:
(A) an affidavit or verified statement in the nature of an account, containing items of administration, distribution, principal, and income, which shall be separately stated;
(B) an affidavit or verified statement by the guardian setting forth the date he attained his majority; that he has examined the account; that he has received the money, or benefit of the money, for which credit is taken in the account; that he approves account and requests that it be confirmed; and that, upon distribution to him of the balance shown thereon, subject to such additional credits as may be authorized by law and set forth in the petition and order, he agrees that the guardian shall be discharged.
RULE 12.5:2 Minor's Estate Not Exceeding Statutory Limitation.
(a) Disposition. In General--If the value of the real and personal estate of a minor does not exceed the statutory limitation as provided in Section 5101 of the Probate, Estates, and Fiduciaries Code (20 Pa.C.S.A. § 5101), the Court may:
(1) authorize payment or delivery thereof to the minor or the parent or other person maintaining the minor;
(2) direct the deposit of the minor in a restricted account in the name of a natural guardian of the minor or of the minor himself: or
(3) make such provision for the retention or deposit of securities or other assets as the Court shall deem for the best interests of the minor.
(b) Mortgage or Sale of Real Property.--If the value of the entire estate of a minor does not exceed the statutory limitation as provided in Section 5101 of the Probate, Estates, and Fiduciaries Code (20 Pa.C.S.A. § 5101), the Court, upon petition, may authorize the parent or other person maintaining the minor to convey or mortgage any real property forming a part or all of such estate, without the appointment of a guardian or the entry of security. The petition shall conform to the requirements of the provisions governing the same or mortgage of real property by a guardian. The order of the Court may be conditioned upon the deposit of the proceeds of the sale or mortgage in a restricted account.
RULE 12.5:3 Minor's Estate. Allowances.
(a) In General. Responsibility of Guardian.--Except in the case of funds deposited in a restricted account under Local Rule 12.5:1, expenditures from income for the benefit of the minor, and counsel fees in a nominal amount for routine services, whether payable from principal or income, should ordinarily be made by the guardian upon his own responsibility without application to the Court for approval.
(b) Permissive Petition--The guardian may petition the Court for approval of periodical payments from income needed for the maintenance, support, or education of the minor, his spouse or children.
(c) Mandatory Petition--Except as provided in paragraph (a) of this Local Rule, unless approval by the Court is first obtained, no payments shall be made by the guardian when payment is to be made from principal or when special services have been performed by counsel and the guardian is in doubt as to the reasonableness of the fee.
(d) Contents of Petition. Allowance for Maintenance, Support, or Education--A petition for an allowance from a minor's estate, for the maintenance, support or education of the minor, his spouse or children, shall set forth:
(1) the manner of the guardian's appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate;
(2) the age and residence of the minor; whether his parents are living; the name of the person with whom he resides, and, if married, the name and age of his spouse and children;
(3) the value of the minor's estate, real and personal, and the net annual income;
(4) the circumstances of the minor, whether employed or attending school; if the minor's parents, or the persons charged with the duty of supporting him, are living, the financial condition and income of such persons and why they are not discharging their duty to support the minor; and whether there is adequate provision for the support and education of the minor, or his spouse and children;
(5) the date and amount of any provision allowance by the Court, and the name of the Judge who granted it;
(6) the financial requirements of the minor and his family unit, and the circumstances making such allowance necessary; and
(7) if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any, given by him for his failure to do so.
(e) Contents of Petition. Allowance of Counsel Fees--A petition for the allowance of counsel fees shall set forth the views of the guardian with respect to the reasonableness of the fees and contain sufficient facts to enable the Court to pass judgment on the matter. The following exhibits shall be attached to the petition:
(1) a statement of counsel setting forth in detail the nature and extent of the services performed by him; and
(2) the joinder of the minor's parents or surviving parent; or, if both parents are deceased, the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor, and the spouse of a married minor.
RULE 12.6(b):1 Appointment of A Trustee. Exhibits.
The following exhibits shall be attached to the petition:
(1) a copy of the trust instrument; and
(2) the written consent of any co-trustee.
RULE 12.7:1 Discharge of A Fiduciary. Additional Provisions.
(a) Affidavit or Verification--The Court may discharge without hearing any fiduciary who files a Petition for Discharge which shall have attached consents and contain an averment that the parties who have signed the consents to discharge are all the parties interested in the estate, or the reason for the failure of any party to consent. If any party shall fail to consent, the Court may, if the circumstances require, direct the issuance of notices by citation or otherwise.
(b) Exhibits. Consents. Written consent of all parties in interest, and of the surviving or successor fiduciary shall be attached to the petition. Such consent may be included in a receipt and release attached to the petition.
RULE 13.3:1 Report by Fiduciary.
The report required by the Supreme Court Rules shall be submitted to the Court or to an auditor appointed by the Court, and shall include substantially the following:
(1) Unknown Distributee--If it appears that the identity or whereabouts of a distributee is unknown, or there are no known heirs, the fiduciary shall submit a written report, sworn to or verified by the fiduciary or his counsel, setting forth:
(A) The nature of the investigation made to locate the heirs of the decedent, in complete detail; and
(B) in cases of intestacy, or where there are no heirs, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain.
(2) Investigation Defined--The term ''investigation'' as used in this Local Rule, shall include inquiry of or as to as many of the following as may be pertinent and feasible: residents of the household in which the decedent resided; friends and neighbors; labor union membership; places of employment; social, fraternal, or beneficial organizations; insurance records; church membership; school records; social security, Veterans' Administration, or military service records; naturalization records, if not native born; and such other sources of information as the circumstances may suggest.
(3) Other Distributee--If the fiduciary requests the Court to withhold distribution to a distributee, he shall submit a written report, sworn to or verified by the fiduciary or his counsel, which shall set forth:
(A) the relationship of the distributee to the decedent, and any available information concerning his present whereabouts;
(B) in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain; and
(C) the reason for the request that distribution be withheld, and the suggested manner of withholding.
RULE 14.1:1 Practice and Procedure. In General
(a) Evidence. Depositions--Except for special reason appearing, the deposition of, or sworn or verified statement by, a superintendent, manager, physician or psychiatrist of any state-owned mental hospital or Veterans' Administration hospital, or a physician in attendance to the alleged incompetent will be accepted in evidence as to the mental or physical condition of a patient of said hospital or physician.
(b) Guardians
(1) Relatives and Household Residents--The Court, except for cause shown, shall not appoint as guardian, of the estate a relative of the incompetent or a person residing in the same household with him.
(2) Nonresidents--The Court, except for cause shown, shall not appoint nonresidents as guardians of incompetents residing within this county.
(c) Security. Individual Guardian--In lieu of the entry of security, an individual guardian may be authorized to deposit the funds comprising the incompetent's estate in accounts insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, the account to be marked ''Not to be withdrawn except on further Order of the Court.'' Upon cause shown, the Court may dispense with the requirement of a bond when it finds that no bond is necessary.
(d) Additional Assets--If, upon the filing of an inventory, it appears that the value of the personal estate which has, or is about to, come into the possession of the guardian exceeds the amount set forth in the original petition, the Clerk shall direct the Court's attention to this fact in order that adequate security may be ordered and entered.
(e) Certificates of Appointment--The Clerk, in addition to issuing certified copies of the decree of appointment of a guardian, will issue a ''Guardian's Certificate'' when the security, if any, ordered by the Court has been entered.
RULE 14.1:2 Incapacitated Person's Estate. Decrees.
(a) In General--A petition to adjudicate a person incapacitated shall have attached thereto:
(1) a proposed preliminary order in accordance with Local Rule 3.1:2; and
(2) a proposed decree.
(b) Small Estates--If at a hearing the incapacity is established, and it appears that the gross estate does not exceed the statutory limitation for a small estate, the Court may award the entire estate to the person or institution maintaining the incapacitated person, or make such order as may be appropriate under the circumstances. In such case, a proposed final decree awarding said estate shall be attached to the face of the petition, in lieu of the final decree appointing a guardian. (See: 20 P. S. § 5505)
RULE 14.1:3 Incapacitated Person's Estate. Proof of Service.
Proof of service of notice shall be presented at the hearing. The affidavit or verification of service shall, in all cases, recite that the contents of the petition and citation were made known to the alleged incapacitated person.
RULE 15.4(d):1 Decree of Involuntary Termination
In all cases involving an involuntary termination of parental rights, the Court shall enter a decree nisi. Unless exceptions are filed thereto within ten (10) days of notice of filing the adjudication by any party in interest, the Clerk shall confirm the decree absolutely without further order of Court.
No petition for adoption shall be filed until a final decree has been entered.
RULE 15.5(a):1 Information for Certification of Adoption.
Contemporaneous with the filing of a Petition for Adoption, the information required for a Certificate of Adoption shall be submitted to the Clerk upon a form approved by the Clerk or upon a form approved by the Vital Statistics Division of the Pennsylvania Department of Health.
RULE 15.5(a):2 Preliminary Order and Decree of Adoption.
A petition for adoption shall have attached thereto:
(1) a proposed preliminary order in accordance with Local Rule 3.1:2; and
(2) a proposed decree of adoption.
RULE 16.1 McKean County Orphans' Court Rules.
The Local Rules of the Orphans' Court Division of the Court of Common Pleas of McKean County shall be known as the McKean County Rules of Court--Orphans' Court Division; and shall be cited as Local Orphans' Court Rules or Local O. C. Rules.
[Pa.B. Doc. No. 07-1692. Filed for public inspection September 14, 2007, 9:00 a.m.]
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