THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Adoption of Orphans' Court Rules O.C.R. No. 3.1, O.C.R. No. 6.1, O.C.R. No. 6.4, and O.C.R. No. 6.11; Rescission of Orphans' Court Rules O.C.R. No. 3.2.1, O.C.R. No. 6.1.1., O.C.R. No. 6.1.2, O.C.R. No. 6.4.1, and O.C.R. No. 6.11.1; No. 99-9422
[31 Pa.B. 6275]
Administrative Order 23-2001 And Now, this 30th day of October, 2001, in the interest of efficient administration of justice and after consideration of the Carbon County Bar concerning the proper procedure in Orphans' Court matters, it is hereby Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Adopts Carbon County O.C.R. No. 3.1 governing Pleadings, Motions and Petitions, O.C.R. No. 6.1 governing forms, O.C.R. No. 6.4 governing Time for Filing and O.C.R. No. 6.11 governing Confirmation of Accounts and Awards.
It Is Further Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Rescinds Carbon County O.C.R. No. 3.2.1 governing Pleadings, Motions and Petitions, O.C.R. No. 6.1.1. governing Accounts Required, Time for Filing, Family Settlement Agreements in Lieu of Audit and Confirmation, O.C.R. No. 6.1.2 governing Form of Accounts and Additional Requirements, O.C.R. No. 6.4.1. governing Accounts and Time for Filing, and O.C.R. No. 6.11.1 governing Accounts and Confirmation.
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
RICHARD W. WEBB,
President JudgeRule 3.1. Pleadings, Motions and Petitions.
(a) Motions and petitions shall be governed by the provisions of Carbon County Civil L206.1. A completed Petition/Motion cover sheet shall be attached in the form as Exhibit ''A''.
(b) A copy of every pleading, including exceptions, shall be promptly served upon counsel of record for all parties in interest, and upon any party who is not represented.
Petition/Motion Court Cover Sheet NO. ______
_________________
vs.
_________________
FILING OF: Petitioner ( ) Respondent ( )
____ Assigned Judge ____ Court Action Taken ____ Returned to Attorney for Deficiencies ____ Action Deferred by Court
For Court Use Only
__________TYPE OF FILING (check one): ( ) 1. Application for Continuance (128)
( ) 2. Petition for Adoption (134)
( ) 3. Petition for Voluntary Termination (132)
( ) 4. Petition for Involuntary Termination (155)
( ) 5. Petition to Remove Fiduciary (053)
( ) 6. Petition for Guardian of Minor (050)
( ) 7. Petition to Sell Real Estate (052)
( ) 8. Petition to Distribute Minor's Estate (057)
( ) 9. Incapacity Petition (058)
( )10. Petition to Withdraw as Counsel (127)
( )11. Petition to Revoke Letters (064)
( )12. Petition to Challenge Election (229)
( )13. Petition to Excuse Additional Bond (055)
( )14. Petition for Compensation (151)
( )15. Other Motion or Petition (specify):
__________
( )16. Response to:
__________OTHER ATTORNEY:
_________________ _________________
Attorney's Name (Typed)Attorney for:
( ) Petitioner ( ) Respondent _________________N.B. The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when marking your Motion or Petition. When filing Motion or Petition, provide Clerk with sufficient copies for opposing Counsel and filing Counsel.
THIS FORM IS AVAILABLE IN THE ORPHANS' COURT OFFICE
Exhibit ''A''
Rule 6.1. Form.
Accounts shall be prepared on 8 1/2'' by 11'' paper, fastened together at the top and numbered consecutively at the bottom.
In every decedent's estate in which Letters Testamentary or Letters of Administration have been issued by the Register of Wills, the executor, administrator or other personal representative shall file an account with the Clerk of the Orphans' Court. Each such account shall conform to the requirements of Pa.O.C. Rule 6.1(g), and shall include either a Statement of Proposed Distribution or a request that distribution be determined by the Court or an auditor.
Rule 6.4. Time for Filing.
Every account required to be filed by this rule shall be filed not later than eighteen (18) months following the date of issuance of Letters Testamentary or Letters of Administration unless the Court, upon petition and for good cause shown, shall have extended the time for filing same.
The Register of Wills/Clerk of Orphans' Court shall fix a filing deadline for each regular session and shall give notice thereof at least two (2) weeks prior to the deadline. The time interval between the deadline and the session shall be sufficient to enable the Register/Clerk to make publication as provided by law and Rules of Court.
The Register of Wills/Clerk of Orphans' Court shall schedule for the next regular session all matters filed before the deadline for that session and shall make the required publication. The notices shall contain a statement that all objections must be filed in writing before the time fixed for confirmation, or final decree of discharge, as the case may be.
Rule 6.11. Confirmation of Accounts. Awards.
(a) All accounts on the advertised Confirmation List will be presented for Confirmation on the day set for confirmation unless Objections have been filed.
(b) As an alternative to formal submission and confirmation of an account, a personal representative may file with the Clerk of Orphans' Court a Family Settlement Agreement. Each Family Settlement Agreement shall have attached thereto a first and final account of the executor, administrator or other personal representative indicating all transactions during the administration of the estate, which account will be substantially in the form prescribed by Pa.O.C. Rule 6.1(g). Each Family Settlement Agreement shall also have attached thereto a Statement of Proposed or Actual Distribution, and a notarized release signed by each and every heir, beneficiary or other party in interest approving the account, waiving the requirement that the account be audited and confirmed by the Court and discharging the executor, administrator or other personal representative.
[Pa.B. Doc. No. 01-2045. Filed for public inspection November 16, 2001, 9:00 a.m.]
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