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PA Bulletin, Doc. No. 03-2222


Title 255--LOCAL


Adoption of New Local Rules of Court--2002; No. 2002-0189-Misc.

[33 Pa.B. 5696]


   And Now, this 28th day of October, 2003, it is hereby Ordered as follows:

   1.  L.O.C. Rule No. 12.16A, following this Order, is hereby adopted as a new Local Orphans' Court Rule.

   2.  L.O.C. Rule No. 5.4A and L.O.C. Rule No. 18.1A are hereby amended to read as follows.

   3.  These new and amended Local Rules of Court shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

   4.  Certified copies of this Order with the new and amended Local Rules of Court shall be distributed by the Court Administrator as required by pertinent state rules of court, together with a diskette containing the hard copy version where required.

By the Court

President Judge


Rule 12.16A.  Claims of Minors and Incapacitated Persons

   (a)  A petition filed under this rule shall contain the same information prescribed by the Local Rules of Civil Procedure governing such petitions filed in civil actions.

   (b)  Petitions for approval by the court of a proposed compromise, settlement, or discontinuance of a cause of action for injury to the person of a minor or to an incapacitated person shall be governed by Rule 1.2D and Rule 3.5F(a)(1) of these Rules.

   (c)  If no party in interest answers or objects to such a petition for approval involving a minor, the minor shall be present in Court at the time the record is transmitted to the Court upon praecipe filed pursuant to Rule 3.5F(a)(i) of these Rules. The praecipe shall be filed immediately before commencement of a duly scheduled session of Motions Court.


   Under subsection (c) of this rule, the Motions Judge will review the record, see the minor, and act upon the petition.

Rule 5.4A.  Notice. Proof of Service

   Proof of service of notice shall be by affidavit of the person serving, mailing, publishing or delivering such notice. A proof of service by mail or by delivery shall include the name and address of each party in interest so served. The proof of service shall be substantially in the form prescribed by Appendix O-1 of these Local Rules.

Rule 18.1A.  Notice by Clerk of Entry of Order, Decree, Etc.

   (a)  The Clerk shall immediately give written notice by regular mail of the entry of any order, decree, judgment, memorandum or opinion to the lawyer for the petitioner or accountant, or, if unrepresented, to the petitioner or accountant directly, and to all other parties in interest who have entered an appearance.

   (b)  Service by the Clerk of a copy of the document itself shall be sufficient notice of its entry if the front page of the copy bears the date and time of its entry.


   Rule 1.2C of these rules requires that the name and address of each party in interest be set forth in the body of any petition filed with the Clerk. The proof of service of the notice of the filing of an account or petition will set forth similar information. See Rule 5.4A of these rules. The proof of service of a citation will set forth the same information. See Rule 3.5B and Rule 3.5C of these rules.




   I, the undersigned, hereby certify that I caused a copy of the attached Notice to be served upon the following parties in interest

Name and Address Method of Service Date of Service
of Person

and that attached to said Notice was a true and correct copy of the legal paper referred to therein.

Date:  _______________________
[Pa.B. Doc. No. 03-2222. Filed for public inspection November 21, 2003, 9:00 a.m.]

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