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PA Bulletin, Doc. No. 09-1776

THE COURTS

ERIE COUNTY

In the Matter of the Revision and Restatement of the Erie County Orphans' Court Rules

[39 Pa.B. 5553]
[Saturday, September 26, 2009]

Motion

 And Now, this 18th day of August, 2009, comes the Orphans' Court Rules Committee of the Erie County Bar Association, by and through its Chairperson, Raymond A. Pagliari, Esq., and hereby moves this Honorable Court to approve, adopt and promulgate the attached proposed and recommended revisions and amendments to the Local Orphans' Court Rules of the Erie County Court of Common Pleas, Sixth Judicial District, Erie, Pennsylvania.

 Respectfully Submitted,

RAYMOND A. PAGLIARI Jr., ESQ., 
Chairperson

Order

 And Now, this 20th day of, August, 2009, upon consideration of the foregoing Motion, it is hereby Ordered, Adjudged and Decreed, that the Local Orphans' Court Rules of the Erie County Court of Common Pleas, Sixth Judicial District, Erie, Pennsylvania are hereby Amended and Revised in accordance with the annexed Motion.

Amended Rules are: Rules 6.10.1(g) and 6.14.

New Rule is: Rule 5.6.2.

 Petitioner shall take all steps necessary to publish these amendments in accordance with the applicable law. Such amendments shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

ELIZABETH K. KELLY, 
President Judge

RULE 6

ACCOUNTS AND DISTRIBUTIONS

6.10.1 Objections to Account, Audit Statement or Statement of Proposed Distribution. Form, Notice and Time.

 (g) Within twenty days of filing an objection, the objecting party or his/her attorney shall schedule a hearing thereon pursuant to Erie L.R. 304 allowing ample time for the objection to be heard. The accountant or his/her attorney may (but is not required to) schedule a hearing during the same period pursuant to the same procedure. The party scheduling the hearing shall notify all other parties and the Orphans' Court Auditor of the date and time thereof. Upon the failure of the objecting party or his/her attorney to schedule a hearing within the required time period and in the absence of the scheduling of a hearing by the accountant or his/her attorney within that same period then the accountant (or the court) may (after issuance of ''Notice of Default By Reason of Failure to Schedule Hearing'' and service thereof by delivery or mail upon the objecting party or his/her attorney not less than ten days prior) file a praecipe (or an order if the notice was issued by the Court or at its direction) with the Clerk of the Orphans' Court to enter judgment of non pros if a hearing has not been scheduled during the ten-day period allowed in the Notice. Upon the entry of such judgment the audit of the account shall proceed as if the objection had not been filed. The Notice shall conform to that provided under Pa.R.C.P. Rule 237.1 except that the phrase ''. . . you have failed to schedule a hearing upon your objection . . .'' shall be substituted for the phrase ''. . . you have failed to file a complaint . . .'' and the heading for the said notice shall be as stated above. The Court's Auditor may periodically identify accounts for which objections have been filed and no hearing scheduled to the Court and send the Notice if so directed by the Court.

6.14 Receipts for Disbursements.

 Disbursement receipts or canceled checks of one thousand dollars ($1,000.00), or more, or reproduced copies of either, shall be presented with the account; except corporate fiduciaries in lieu thereof may file copies of their ledger sheets showing disbursements. In the case of inheritance taxes, bequests and distributive shares, all receipts or canceled checks or reproduced copies of either shall be filed with the account without regard to the amount thereof.

 If counsel for the fiduciary certifies that a receipt or cancelled check executed by the distributee is not available despite good faith efforts to obtain same, a photocopy of the front of the check accompanied by evidence of payment by the bank shall be acceptable or alternative verification at the discretion of the Orphans' Court Auditor.

 With respect to deposits, expenses, purchases, and sales made through an investment account with a broker, insurance company, trust company, or similar entity, a copy of the periodic statements furnished by said entity shall constitute an acceptable evidence of such transactions.

RULE 5

NOTICE

5.6.2 Procedures for Scheduling Hearings Upon Objections to Accounts and Dismissal of Objections for Which No Hearing is Scheduled.

 In the event that a decedent had attained the age of fifty-five (55) years prior to his death, the Personal Representative shall, not later than the last date for service of notice required pursuant to State Rule 5.6, serve notice upon the Department of Public Welfare pursuant to 55 Pa. Code Chapter 258 ''Medical Assistance Estate Recovery'' in accordance with the requirements of the Code. Not later than ten days after the expiration of the period for response under the regulations, the Fiduciary shall file a Certificate of Service setting forth:

 (a) The content of the notice by a copy thereof;

 (b) The method of service;

 (c) The date of service;

 (d) A copy of any response received; or

 (e) A statement of no response.

[Pa.B. Doc. No. 09-1776. Filed for public inspection September 25, 2009, 9:00 a.m.]


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