Rule 3.4. Form of Petition; Exhibits; Consents; Signing and Verification.
(a) In addition to the requirements of Rules 3.2 and 3.3, a petition shall set forth:
(1) a title indicating briefly the purpose of the petition;
(2) a concise statement of the facts relied upon to establish the court’s jurisdiction and to justify the relief requested;
(3) the questions of law with respect to the petition and the relief requested;
(4) if the trust includes a charitable interest for which notice is required under Rule 4.4, whether the Office of the Attorney General has been given notice, whether the Office of the Attorney General has issued a statement of no objection to the petition, or the reason for failing to give the Office of the Attorney General notice;
(5) the names and addresses of every interested party who has an interest in the matter that is the subject of the petition;
(6) the name of any individual who is an interested party but is not sui juris, along with the following information:
(i) the name and address of the guardian, agent under power of attorney, or another individual being proposed to represent such individual, if any;
(ii) if such individual is a minor and no guardian has been appointed for such minor’s estate, the minor’s age, the names and addresses of his or her parents, and the individual with whom he or she resides or the facility at which he or she resides; and
(iii) if the non-sui juris individual is proposed to be represented in the matter at issue by another individual or entity pursuant to 20 Pa.C.S. § § 751(6) or 7721—7726, then subparagraph (7) of this Rule shall also apply;
(7) the name of each interested party (whether sui juris or not) who is not receiving notice of the filing of the petition because another individual or entity is proposed to represent such interested party pursuant to 20 Pa.C.S. § § 751(6) or 7721—7726, and shall set forth additional facts as to the following:
(i) a statement of the interested party’s interest in the property; and
(ii) for representation being proposed pursuant to 20 Pa.C.S. § 751(6),
(A) a statement that the interested party is not sui juris or is unborn, unknown or unascertained; and
(B) one of the following:
(I) a statement that the proposed representative has an interest in the property similar to that of the interested party who is not sui juris or is unborn, unknown or unascertained; or
(II) a statement that the proposed representative is the sui juris living ancestor of the interested party who is not sui juris or is unborn, unknown or unascertained and that such living sui juris ancestor has an interest in the property that is not adverse to that of the interested party who is not sui juris or is unborn, unknown or unascertained; and
(iii) for representation in trust matters being proposed pursuant to 20 Pa.C.S. § § 7721—7726,
(A) an explanation about how the interested party’s interest in the property can be adequately represented by the proposed representative pursuant to 20 Pa.C.S. § 7723,
(B) a statement that with respect to the matter at issue there is no conflict of interest between the proposed representative and the interested party to be represented that will or might affect the impartiality of the proposed representative (except as provided pursuant to 20 Pa.C.S. § 7723(7)); and
(C) one of the following:
(I) either a statement that the proposed representative has been informed of the right to decline such representation pursuant to 20 Pa.C.S. § 7725 within the time period set forth therein and has failed to inform the trustee in writing that he or she declines to be the proposed representative; or
(II) that the proposed representative’s signed consent to serve is attached as an exhibit to such petition; and
(8) a prayer for the relief desired.
(b) A proposed form of decree bearing the caption of the case and setting forth the relief requested in the prayer of the petition shall be attached to the front of the petition. In the case of a petition requiring a citation under Rule 3.5(a), a proposed form of preliminary decree for the issuance of the citation to the interested parties, subject to subparagraph (a)(7) of this Rule, shall also be attached to the front of the petition.
(c) Petitioner shall attach to the petition such exhibits, consents or approvals as may be required by these Rules, applicable statute, or local rule. If the petitioner is unable to attach any necessary exhibit, consent or approval, the petition shall so state and identify the reason therefor.
(d) The petition shall be verified by at least one of the petitioners in accordance with Rule 3.13 and signed by counsel, or if not represented by counsel, then signed by all the petitioners in accordance with Rule 3.12.
Note
Rule 3.4 is based upon former Rule 3.3 and Rule 3.4, but has been modified to require averments for virtual representation under 20 Pa.C.S. § 751(6) generally and representation in ‘‘trust matters’’ pursuant to 20 Pa.C.S. § 7721 et seq. Another modification is the addition of subparagraph (d) that requires petitioner’s counsel to sign the petition, or all of the petitioners to sign the petition, if unrepresented, thereby subjecting these signatories to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 1.99.
Source The provisions of this Rule 3.4 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial pages (390193) to (390195).
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