THE COURTS

Title 255--LOCAL
COURT RULES

CARBON COUNTY

Amendment of Orphans' Court Rules; No. 01-9001

[31 Pa.B. 418]

Administrative Order 5-2001

   And Now, this 2nd day of January, 2001, in order to better utilize judicial resources and address problematic issues which have arisen concerning the proper administration of Orphans' Court matters, it is hereby

   Ordered, Adjudged, and Decreed follows:

   1.  The use of backers is discontinued.

   2.  Parties shall submit a case initiation cover sheet and a petition/pleading cover sheet together with each pleading filed in the form as follows and marked Appendix A, B, & C or in such form as may be adopted by the Orphans' Court Division from time to time.

   3.  Releases filed in connection with settlement of estates shall be notarized.

   4.  This Administrative Order shall become effective on March 1, 2001.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Orphans' Court Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of this Order in the Clerk of Orphans' Court Office.

By the Court

JOHN P. LAVELLE,   
President Judge

Court of Common Pleas of	For Clerk of Orphans' Court Use Only (Orphans' Court Number)
	___________________________
Carbon County
Orphans' Court Division
Case Initiation Cover Sheet

NAME OF ESTATE
_________________
NAME OF FILING PARTY		ADDRESS
_________________		_________________
FILING PARTY'S RELATIONSHIP TO ESTATE
_________________
TYPE OF ESTATE (SEE INSTRUCTIONS)
_________________
DOCUMENT FILED (SEE INSTRUCTIONS)
_________________
RELATED CASES
_________________
RELIEF REQUESTED
_________________
TOTAL NUMBER OF INTERESTED PARTIES		NUMBER OF INTERESTED PARTIES FORM(S) ATTACHED
_________________		_________________
TO THE CLERK OF ORPHANS' COURT:
Kindly enter my appearance on behalf of the          ____ estate         ____ interested party ______
Papers may be served at the addresses set forth below.
NAME OF FILING ATTORNEY OR PARTY		ADDRESS (SEE INSTRUCTIONS)
_________________		_________________
PHONE NUMBER	FAX NUMBER
______	______
SUPREME COURT IDENTIFICATION NO.		E-MAIL ADDRESS
_________________		_________________
SIGNATURE OF FILING ATTORNEY OR PARTY		DATE
_________________		_________________
INFORMATION FOR USE BY THE CLERK OF ORPHANS' COURT--NOT TO BE RELEASED
DATE OF BIRTH	DATE OF DEATH	SOCIAL SECURITY NO.	REGISTER OF WILLS NO.
______	______	______	______

APPENDIX ''A''

Instructions for Completing Case Initiation Cover Sheet

Rules of Court require that a Case Initiation Cover Sheet be attached to any document commencing an action. The information requested is necessary to allow the Court to properly monitor, control, and dispose cases filed. A copy of the Case Initiation Cover Sheet must be attached to service copies of the document commencing the action. The attorney or non-represented party filing a case shall complete the form as follows:

A.	Parties.
	i.	Name of Estate. Enter the full name of the Estate. The Type of Estate will be identified hereunder.
	ii.	Name and Address of Filing Party. Enter the name of the filing party as well as his/her address at the time of filing of the action. List additional parties on the Interested Parties Form.
	iii.	Set forth the relationship of the filing party to the Estate. (i.e. guardian, administrator, executor, debtor, etc.)
B.	Type of Estate. Insert the Estate Type by consulting the list set forth hereunder:
		Minor	Decedent's Estate
		Alleged Incapacitated Person	Testamentary Trust
		Incapacitated Person	Inter Vivos Trust
		Other:	Cemetery Trust
C.	Document Filed. Indicate the type of document filed to commence the action by consulting the list set forth hereunder:
	Petition for Appointment of Guardian of Minor		Account
	Petition for Appointment of Guardian of		Inheritance Tax Matter
	Alleged Incapacitated Person		Report of ______
	Petition for Appointment of Guardian Ad Litem		Marriage License
	Petition for Allowance		Schedule of Distribution
	Petition for Sale of Real Estate		Petition for ______
	Other:
D.	Related Pending Cases. All previously filed related cases must be identified.
E.	Relief Requested. Set forth a brief statement of the nature of the request.
F.	Filing Attorney or Party
The name of the filing attorney must be inserted herein together with other required information. In the event the filing party is not represented by an attorney, the name of the filing party, address, the phone number, and signature is required.
The Filing Party shall complete the Statistical Information Block at the bottom of the form only on the ORIGINAL Case Initiation Cover Sheet filed with the Clerk, and not the service copies. The information will only be used by the Clerk.

 

The Clerk shall not release this information to the general public.
 

PLEASE NOTE
 

APPENDIX ''A''

CARBON COUNTY COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
PETITION/PLEADING COVER SHEET

   

FOR COURT USE ONLY
	Estate of:
ASSIGNED TO JUDGE: _________________	___________________________
DATE: ______	Type of Estate: _________________
Do not telephone Judge for status.	O.C. No. ______ of ______
Do not send Judge courtesy copies.
	Name of Filing Party:
	___________________________
	(Check one)    __ Moving Party      __ Responding Party

Type of Petition/Pleading or Document:	C.  Has another petition been decided in this case?   __ Yes   __ No
_________________	Is another petition pending?    ___ Yes    ___ No
_________________	If yes, identify the judge, and/or the status of the petition(s).
A.  Is Notice Required:	D.  OTHER PARTIES
__ No.	(Name, address and telephone number of all counsel of record and unrepresented parties. If needed, use separate sheet.)
__ No. All required waivers are attached.
__ Yes. Copy of notice and certification attached.
Date of Notice: ______
Response Date: ______
B.  If Citation is Requested:
1.  Was Citation Against Instant Respondent previously issued?
__Yes __No
2.  If yes, was it served?
__Yes. No additional citation is necessary. Notice is required.
__No. Explain why it was not served.	Attach a stamped addressed envelope for each attorney of Record and unrepresented party.
By filing this document and signing below, the moving or responding party certifies that no notice was required, or that this petition/response, along with all documents filed, were served upon all counsel and unrepresented parties, in accordance with Carbon _____. Further, the moving or responding party verifies (subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities) that the answers made herein are true and correct and understands that sanctions may also be imposed for inaccurate or incomplete answers.
_________________            _________________
(Attorney Signature/Unrepresented Party)                         (Print Name)                     (Attorney I.D. No.)

This Petition or Pleading will be forwarded to the Court after the Response Date, or immediately if no notice or response is required.

APPENDIX ''B''

Court of Common Pleas of	For Clerk of Orphans' Court Use Only (Orphans' Court Number)
	___________________________
Carbon County
Orphans' Court Division
Case Initiation Cover Sheet

Estate of: _________________ Name
_________________                              O.C. No. ______ of ______                   Type of Estate
NAME OF INTERESTED PARTY	NAME OF INTERESTED PARTY
_________________	_________________
RELATIONSHIP TO ESTATE:	RELATIONSHIP TO ESTATE:
ADDRESS:	ADDRESS:
_________________	_________________
NAME OF INTERESTED PARTY	NAME OF INTERESTED PARTY
_________________	_________________
RELATIONSHIP TO ESTATE:	RELATIONSHIP TO ESTATE:
ADDRESS:	ADDRESS:
_________________	_________________
NAME OF INTERESTED PARTY	NAME OF INTERESTED PARTY
_________________	_________________
RELATIONSHIP TO ESTATE:	RELATIONSHIP TO ESTATE:
ADDRESS:	ADDRESS:
_________________	_________________
NAME OF INTERESTED PARTY	NAME OF INTERESTED PARTY
_________________	_________________
RELATIONSHIP TO ESTATE:	RELATIONSHIP TO ESTATE:
ADDRESS:	ADDRESS:
_________________	_________________
NAME OF INTERESTED PARTY	NAME OF INTERESTED PARTY
_________________	_________________
RELATIONSHIP TO ESTATE:	RELATIONSHIP TO ESTATE:
ADDRESS:	ADDRESS:
_________________	_________________

Prepared By: _________________         Signature: _________________

Address: ___________________________         Date: ______

APPENDIX ''C''

[Pa.B. Doc. No. 01-70. Filed for public inspection January 19, 2001, 9:00 a.m.]

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