RULE 1 - JUDGES AND LOCAL RULES
Rule 1.2.1. Citation of Rules.
Rule 1.2.2. Petitions and Motions.
Rule 1.2.5. Depository of the Court.
RULE 2 - CONSTRUCTION AND APPLICATION OF
RULES
RULE 3 - PLEADINGS AND PRACTICE
Rule 3.1. Conformity to Equity Practice in General.
Rule 3.2.1. Pleadings, Motions and Petitions.
Rule 3.2.2. Pleadings, Disposition, Issues of Fact or Law.
Rule 3.4.2. Consents. Joinders. Form.
Rule 5.1.1. Notice. Legal Publication.
Rule 5.2.1. Method. Person under Incapacity. No Guardian or
Trustee.
Rule 5.4.1. Notice. Additional Requirements.
Rule 5.5.1. Charities. Notice to the Attorney General.
RULE 6 - ACCOUNTS AND DISTRIBUTION
Rule 6.1.2. Form of Accounts. Additional requirements.
Rule 6.3.1. Notice To Parties in Interest.
Rule 6.4.1. Accounts. Time for Filing.
Rule 6.9.1. Accounts. Papers to be Submitted.
Rule 6.10.1. Objections. Form and Content.
Rule 6.10.2. Objections. Time for Filing.
Rule 6.10.3. Objections. Deposit on Account of Fees and Costs.
Rule 6.10.4. Objections. Service. Return.
Rule 6.10.5. Objections. Failure to Make, Effect.
Rule 6.11. Confirmation of Accounts. Awards.
Rule 6.11.2. Distribution Under Section 3534 of P.E.F. Code.
Rule 6.11.3. Settlement of Small Estates. Contents of
Petition.
Rule 7.1.1. Exceptions. Form and Contents.
Rule 7.1.2. Exceptions. Time for Filing.
Rule 7.1.3. Exceptions. Partial Distribution.
Rule 8.1.2. Notice of Hearing. Hearings.
Rule 8.5.1. Transcript of Testimony.
Rule 8.6.1. Filing of Report. Notice of Filing. Proof of
Notice.
Rule 8.7.1. Report of Auditor or Master. Disposition
Procedure.
Rule 8.8.1. Compensation and Security.
Rule 9.1.1. Official Examiners.
Rule 9.1.2. Official Examiners. Compensation.
Rule 10.1.1. Appeals from Grant of Letters
Rule 10.1.2. Form of Appeal from Register of Wills Decision.
Rule 10.2.1. Inheritance Tax Appeals.
Rule 12.1.1. Family Exemption. Appraisal
Rule 12.1.2. Family Exemption. Allowance.
Rule 12.1.3. Family Exemption. Risk Distribution Prior to
Confirmation.
Rule 12.2.1. Allowance to Surviving Spouse of Intestate.
Appraisal.
Rule 12.3.1. Election of Surviving Spouse. Filing of
Petition for Extension of Time.
Rule 12.5.1. Appointment of Guardian for Minor. Consents
Required.
Rule 12.5.2. Guardians. Minors. Bond. Restricted Account.
Rule 12.5.4. Minor's Estate. Allowances. Approval of Court.
Rule 12.9.1. Public Sale of Real Property. Contents of
Petition.
Rule 12.9.2. Notice of Public Sale of Real Property.
Rule 12.9.3. Public Sale of Real Property. Return of Sale.
Rule 12.9.4. Public Sale of Real Property. Decree.
Rule 12.10.1. Private Sale of Real Property.
Rule 12.10.2. Private Sale of Real Property. Public Notice
of Sale. Form of Notice.
Rule 12.10.4. Confirmation of Sale.
Rule 12.11.1. Mortgage of Real Property.
Rule 12.11.2. Pledge, Lease, or Exchange of Real Property.
Rule 12.12.1. Inalienable Property. Public Sale.
Rule 12.12.3. Inalienable Property. Private Sale.
Rule 12.12.4. Inalienable Property. Mortgage.
RULE 14-GUARDIANSHIP OF INCAPACITATED
PERSONS
Rule 14.1. Form of Preliminary Decree.
Rule 14.3. Accounts of Guardians.
Rule 14.4. Annual Report of Guardian of Person of
Incapacitated Person
Rule 15.1.1. Local Practice and Procedure.
Rule 15.2.1. Voluntary Relinquishment to Agency.
Rule 15.3.1. Voluntary Relinquishment to Adult Intending to
Adopt Child.
Rule 15.3.2. Alternative Procedure for Relinquishment.
Rule 15.4.1. Involuntary Termination of Parental Rights.
Rule 15.4.2. Form of Petition for Involuntary Termination.
Rule 15.4.3. Form of Decree Nisi and Final Decree
Rule 15.8.1. Registration with the Court of Authorized Persons.
Index to Orphans' Court Rules |
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References
are to Rule Numbers |
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ACCOUNTS AND
DISTRIBUTION
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See also Family Exemptions |
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Accounts |
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Account to be
filed in every estate |
6.1.1 |
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Additional
requirements regarding form |
6.91 |
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Advertisement |
6.3.1 |
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Audit of |
6.11, 6.3.1 |
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Confirmation of |
6.11 |
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Continued audit |
6.1.2 |
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Distributions
under Section 3534 of PEF Code |
6.11.2 |
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Exceptions to (see
Objections, infra) |
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Execution of |
6.1.2 |
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Family Settlement Agreement
in lieu of audit and confirmation |
6.1.1 |
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Filing, time for |
6.4.1 |
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Form of |
6.1.2 |
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Incapacitated
person's estate, by guardian of |
14.3 |
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Notice to parties
in interest |
6.3.1 |
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Objections |
6.10.1 |
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Objections,
deposit for costs and fees |
6.10.3 |
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Objections, effect
of failure to make |
6.10.5 |
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Objections, proof
of service |
6.10.4 |
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Service |
6.3.1 |
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Small estates,
petition for settlement of |
6.11.3 |
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Statement of proposed distribution |
6.9.1 |
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Distribution |
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Distributions under
Section 3534 of PEF Code |
6.11.2 |
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Partial
distribution pending exceptions |
7.1.3 |
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Risk distribution
prior to confirmation |
12.1.3 |
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Statement of
proposed distribution |
6.9.1 |
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ADJUDICATIONS |
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Exceptions to |
7.1.1-7.1.3 |
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ADOPTIONS |
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Affidavit of
search, form of |
15.4.2 |
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Exhibits required |
15.1.2 |
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Consents, petition
to confirm |
15.3.2 |
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Counsel,
appointment of |
15.4.1 |
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Decree, form of |
15.43 |
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Forms |
15.4.2-15.4.3 |
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Guardian ad litem, appointment of |
15.4.1 |
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Involuntary termination of parental rights |
15.4.1 |
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Involuntary termination of parental rights, form of decree for |
15.4.2 |
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Involuntary termination of parental rights, form of petition |
15.4.2 |
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Involuntary
termination of parental rights, procedure |
15.4.1 |
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Local practice and
procedure |
15.1.1 |
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Petition to confirm consents |
15.3.2 |
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Registration with the Court of authorized persons |
15.8.1 |
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Relinquishment, alternative procedure |
15.3.2 |
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Representation of minors |
15.4.1 |
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Voluntary relinquishment to adult intending to adopt |
15.3.1 |
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Voluntary relinquishment to agency |
15.2.1 |
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ALLOWANCE TO
SURVIVING SPOUSE |
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Appraisal of
property |
12.2.1 |
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APPEALS |
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Appeal from
register of wills, form of |
10.1.2 |
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Inheritance tax appeals |
10.2.1 |
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APPRAISALS |
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Allowance to
surviving spouse |
12.2.1 |
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Family exemption, |
12.1.1 |
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Private sale of
real property |
12.10.1 |
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ARGUMENT LIST |
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Exceptions to accounts |
6.3.1, 6.11 |
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ATTORNEYS |
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Endorsement of
pleadings |
1.2.4,
3.4.1 |
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Service of
pleadings upon |
3.2.1 |
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Signature on pleadings
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3.4.1
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AUDITORS AND MASTERS
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Appointment of |
8.1.1 |
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Compensation of. |
8.8.1 |
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Exceptions to
reports of. |
7.1.2, 8.7.1 |
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Hearing of |
8.1.2 |
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Notice of hearing |
8.1.2 |
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Reports of, confirmation
procedure |
8.7.1 |
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Reports of, filing |
8.6.1 |
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Security for
payment of costs and fees. |
8.8.1 |
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Testimony,
transcript of |
8.5.1 |
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AUDITS (see Accounts and Distribution, supra)
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BRIEFS
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Form of
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1.2.3
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BUSINESS OF COURTS
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See also Pleading and Practice |
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Argument list |
6.3.1, 6.11 |
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Attorneys |
1.2.4 |
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Authorized
persons, registration with the Court |
15.8.1 |
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Citation of rules |
1.2.1 |
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Pleadings, motions
and petitions |
3.2.1 |
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CHARITIES
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Notice to the Attorney General, when
required
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5.5.1
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CITATION |
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Definition of |
2.3.1 |
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CITATION OF RULES |
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Citation of Rules |
1.2.1 |
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DEPOSITORY OF THE COURT
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Deposit of money or
securities
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1.2.5
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EXAMINERS, OFFICIAL
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Appointment of |
9.1.1 |
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Compensation of |
9.1.2 |
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EXCEPTIONS |
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Form and contents |
7.1.1 |
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Partial
distribution |
7.1.3 |
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Proof of service
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7.1.2
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Time for filing
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7.1.2
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FAMILY EXEMPTION
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Allowance prior to
confirmation, petition for |
12.1.2 |
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Appraisal |
12.1.1 |
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Objections |
12.1.2 |
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Risk distribution |
12.1.3 |
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FAMILY SETTLEMENT AGREEMENT
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Contents of
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6.1.1
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In lieu of audit and
confirmation of account
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6.1.1
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FEES AND COSTS |
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Master's fees and
costs, deposit for |
8.8.1 |
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Official examiner
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9.1.2
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FILING OF
PAPERS
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See also Accounts and Distribution |
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Attorney's name
and I.D. number to be noted on pleadings |
1.2.4 |
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Exceptions |
7.1.2 |
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Petitions and
motions to cite statutory authority or rule number |
1.2.2 |
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FORMS |
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Account |
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Form of |
6.1.2 |
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Notice of
confirmation |
6.3.1 |
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Adoption
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Affidavit of search |
15.4.2 |
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Involuntary termination of
parental rights, decree of |
15.4.3 |
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Involuntary termination of parental rights, petition for |
15.4.2 |
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Consent or joinder |
3.4.2 |
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Incapacitated persons |
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Account of guardian of |
14.3 |
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Annual report of guardian of |
14.4 |
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Decree for guardianship, preliminary |
14.1 |
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Testimony regarding incapacity,
deposition |
14.2 |
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Real property |
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Notice of private sale of |
12.10.2 |
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Notice of public sale of |
12.9.2 |
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GUARDIANS
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Incapacitated
person's estate, appointment of |
14.2.1 |
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Minor's estate or
person, appointment of |
12.5.1 |
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Restricted minor's
account |
12.5.2 |
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Sale of real
property by guardian of incapacitated person's estate |
12.9.1 |
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INCAPACITATED PERSONS
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Account of
guardian |
14.3 |
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Annual report of guardian
of person, form of |
14.4 |
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Preliminary Decree
for guardianship, form of |
14.1 |
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Sale of real
property by guardian |
12.9.1 |
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Testimony
regarding incapacity, deposition |
14.2 |
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LEGAL PUBLICATIONS |
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Designation of MASTERS (see Auditors and Masters, supra) |
5.1.1 |
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MINORS' ESTATES |
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Allowances |
12.5.4 |
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Consents required |
12.5.1 |
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Guardian, petition
for appointment of |
12.5.1 |
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Restricted account |
12.5.2 |
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Sale of real
property by guardian of |
12.9.1 |
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NOTICES |
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Account, filing of |
6.3.1 |
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Attorney General,
notice to |
5.5.1 |
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Charities, notice
to Attorney General |
5.5.1 |
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Copy to be
attached to petition or motion |
1.2.2 |
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Election by
surviving spouse, petition for extension of time |
12.3.1 |
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Family exemption |
12.1.2 |
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Incapacitated
persons, notice to |
5.2.1 |
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Legal periodicals,
designation of |
5.1.1 |
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Notice, additional
requirements |
5.4.1 |
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Private sale of
real property |
12.10.2 |
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Public sale of
real property |
12.9.2 |
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Return of service,
additional requirements |
5.4.1 |
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Service, on
attorney |
3.2.1 |
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OBJECTIONS |
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Election of
surviving spouse, petition for extension of time |
12.3.1 |
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Family exemption |
12.1.2 |
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Objections to
account, deposit for fees and costs |
6.10.3 |
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Objections to account,
effect of failure to make |
6.10.5 |
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Objections to
account; form and content |
6.10.1 |
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Objections to account; time for filing |
6.10.2 |
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Objections to account, service and return |
6.10.4 |
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OFFICIAL EXAMINERS |
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Appointment of |
9.1.1 |
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Compensation of |
9.1.2 |
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ORDERS AND DECREES |
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Decree
confirming auditor's or master's
report |
8.7.1 |
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Exceptions to,
form and content |
7.1.1 |
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Exceptions to,
time for filing |
7.1.2 |
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Exceptions to,
partial distribution |
7.1.3 |
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PLEADING AND PRACTICE |
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Consents and
joinders, form of |
3.4.2 |
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Exhibits,
certification of counsel |
3.4.1 |
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Form and
additional requirements |
3.2.1 |
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REAL PROPERTY |
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Confirmation of
sale of |
12.10.4 |
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Inalienable
property, mortgage of |
12.12.4 |
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Inalienable property,
private sale of |
12.12.3 |
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Inalienable
property, public sale of |
12.12.1 |
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Petition to lease,
pledge or exchange |
12.11.2 |
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Petition to
mortgage |
12.10.1 |
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Private sale of,
notice |
12.10.2 |
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Private sale of, |
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Confirmation of |
12.10.4 |
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Form of petition |
12.10.1 |
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Notice of |
12.10.2 |
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Public sale of, |
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Additional security |
12.9.4 |
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Advertisement of |
12.9.2 |
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Confirmation of |
12.10.4 |
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Contents of
petition |
12.9.1 |
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Decree Nisi |
12.9.4 |
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Notice of |
12.9.2 |
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Return of sale |
12.9.3 |
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REGISTER OF WILLS
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Appeals from |
10.1.1 |
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Form of appeal |
10.1.2 |
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Inheritance tax
appeals |
10.2.1 |
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RULES |
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Citation of rules |
1.2.1 |
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SERVICE |
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Exceptions
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7. 1.2
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Service of notice
on attorney |
3.2.1 |
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SMALL ESTATES |
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Petition for
Settlement of |
6.11.3 |
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SPECIAL PETITIONS |
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Allowance to surviving spouse |
12.2.1 |
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Election by surviving spouse, extension of time |
12.3.1 |
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Family Exemption |
12.1.1-12.1.3 |
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Guardian for
Minor, Appointment of |
12.5.1 |
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Inalienable
property, mortgage of |
12.12.3 |
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Inalienable
property, private sale of |
12.12.3 |
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Inalienable
property, public sale of |
12.12.1 |
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Minor's estate,
petition for allowance from |
12.5.4 |
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Mortgage of real
property |
12.11.1 |
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Pledge, lease or
exchange of real property |
12.11.2 |
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Private sale of
real property |
12.10.1-12.10.2 |
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Private sale of
public property |
12.9.1-12.9.4 |
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SURVIVING SPOUSE'S
ALLOWANCE |
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Appraisal of
property |
12.2.1 |
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SURVIVING SPOUSE'S
ELECTION |
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Extension of time |
12.3.1 |
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TRUSTEES |
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Accounts of |
6.9.1 |
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Corporate |
12.5.1 |
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Mortgage real
property, petition to |
12.11.1 |
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Pledge, lease or
exchange real property, petition to |
12.11.2 |
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Security, fixing
amount of |
12.10.4 |
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IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
ORPHANS' COURT
DIVISION
IN RE: ADOPTION OF LOCAL
ORPHANS' COURT RULES
RULES OF COURT
CARBON COUNTY
ORPHANS' COURT RULES
RULE 1 - JUDGES AND LOCAL RULES
Rule 1.2.1. Citation
of Rules.
These Rules shall be known as Carbon
County Orphans' Court Rules adopted pursuant to Pa.O.C.R. 1.2 and shall be
cited as "Carbon Co. O.C.R. No. ___."
Rule 1.2.2.
Petitions and Motions.
(a) Every original petition or motion filed
shall set forth in its first paragraph the citation of any statute, Rule of
court, or other authority relied upon to justify the relief requested.
(b)
A copy of any notice required to be
given shall be attached to the petition or motion.
Briefs will be prepared and filed in
accordance with the provisions of Carbon Co. Civ. L. No. 210, unless otherwise
ordered by the Court.
The name and Supreme Court
identification number of any attorney employed by any party in any proceeding
pending in this Court shall be marked on the initial pleading or paper filed in
the office of the Clerk. Any attorney who has properly entered an appearance
will receive notice of all hearings, conferences, and orders.
Rule 1.2.5.
Depository of the Court.
(a) Deposit of Money or Securities in
Court. All monies paid or securities delivered into Court shall be
deposited immediately in a segregated account in such bank or trust company as
the Clerk may designate, to the credit of the court in the particular estate or
proceeding to which the money or securities may belong; and such depository
shall keep a separate account of each payment and delivery, designating the
same by name of the estate or proceeding.
(b) Withdrawals. No money shall be
paid out of Court by the depository, or securities delivered, except on checks
or orders of the Clerk accompanied by a certified copy of the Order of Court
authorizing such withdrawal or delivery.
(c) Docket to be
Maintained. The Clerk shall maintain a "Money-in-Court"
Docket in which shall be entered concisely under the name of the respective
estates, the Orders of Court directing money to be paid into Court, as well as
an accurate account of the money paid in and paid out, so that the record will
fully explain itself.
RULE 2 - CONSTRUCTION AND APPLICATION OF RULES
(a)
As used in these Rules "P.E.F.
Code" shall mean a reference to the Probate, Estates and Fiduciary Code,
June 30, 1972, P. L. 508, 20 Pa.C.S.A. Sec. 101, et seq., as amended.
(b) As used in these Rules, the terms
"Citation" and "Rule to Show Cause" shall be
interchangeable unless otherwise specially ordered by the Court, all interest
earned on said accounts shall accrue to the credit of the County of Carbon.
RULE 3 - PLEADINGS AND PRACTICE
Rule 3.1. - Conformity to Equity
Practice in General.
1
Any documents presented for filing
referring to social security numbers, driver's license/vehicle identification
numbers, and any financial account numbers shall list only the last four
digits. Birth dates shall be limited to
the year of birth only. When reference
is made to a minor child (i.e., individuals less than 18 years of age), the
names shall not be given, only their initials.
The complete social security numbers, account numbers, dates of birth
and full names of minors shall be submitted on the Court's “CONFIDENTIAL INFORMATION
FORM” attached hereto. The Register of Wills/Orphans Court Office shall record
the Confidential Information in the Court Computer Database and, upon
verification of proper entry, shall shred the form containing the Confidential
Information. This information shall
remain confidential in that it will only be visible to internal personnel and
cannot be accessed through the public access programs.
2
The parties and their attorneys
are solely responsible for complying with the provisions of number 1 above. The court staff is not responsible for
reviewing any document filed as a public record for compliance with number 1
above. A party's or attorney's failure
to comply with the provisions shall not affect access to case records that are
otherwise accessible.
3
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".
4
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.
5
A party representing himself or
herself shall enter a written appearance which shall state an address, which
need not be his or her home address, where the party agrees that pleadings and
other legal papers may be served, and a telephone number through which the
party may be contacted, as attached hereto and marked Exhibit “B”. The entry of appearance may include a facsimile
number as provided by Pa.R.C.P. No. 440(d).
6
A self-represented party is
under a continuing obligation to provide current contact information to the
Court, to other self-represented parties, and to attorneys of record.
7
The self-represented party shall
provide a copy of the entry of appearance to all self-represented parties and
attorneys of record.
8
The assertion of self-representation shall not delay any stage of
the proceeding.
Effective December 17, 2001
Revision effective May 1, 2014
CARBON COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
PETITION/MOTION COURT COVER SHEET
Assigned Judge Court Action Taken Returned to Attorney for Deficiencies Action Deferred by Court For Court Use Only
NO.
vs.
FILING OF: Petitioner ( ) Respondent ( )
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"
Effective December 17, 2001
Revision effective May 1, 2014
IN THE COURT OF COMMON
PLEAS OF CARBON COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
ENTRY OF APPEARANCE
In accordance with Carbon County Rule of Orphans Court Procedure
CARB.Co.O.C.R. No. 3.1 governing a Self-Represented Party:
I ,
Plaintiff or Defendant (circle one)
choose to represent myself and provide the following address
where pleadings and other legal papers can be served and a telephone number
through which I can be contacted. This
Entry of Appearance shall remain in full force and effect unless superseded with
an Entry of Appearance by an attorney.
Street Address Telephone
Number
City, State, Zip Code Facsimile
Number (Governed by PA Rule of Civil Procedure 440 (d))
In accordance with Carbon County Rule of Orphans Court Procedure
3.1, a self-represented party is under a continuing obligation to provide
current contact information to the court, to other self-represented parties,
and to attorneys of record.
Signature Date
Exhibit “B”
Effective December 17, 2001
Revision effective May 1, 2014
COMMONWEALTH
OF PENNSYLVANIA Confidential
Information Form
Carbon County Court of Common Pleas Carbon County Courthouse P.O. Box 131 Jim Thorpe, PA
18229-0131 Telephone: (570)
325-8556
COUNTY
OF CARBON
VS.
Docket
No.
CONFIDENTIAL
INFORMATION |
|
Name: Plaintiff Defendant Other: |
Social Security Number |
Financial Information/Driver’s License Number/VIN |
|
Name: Plaintiff Defendant Other: |
Social Security Number |
Financial Information/Driver’s License Number/VIN |
|
Name: Plaintiff Defendant Other: |
Social Security Number |
Financial Information/Driver’s License Number/VIN |
|
Name: Plaintiff Defendant Other: |
Minor Child(ren) Names/Dates of Birth |
|
Name: Signature:
Attorney #: Telephone:
( )
Address:
Rule 3.2.1.
Pleadings, Motions and Petitions.
(a)
Motions and petitions shall be governed
by the provisions of Carbon Co. Civ. L. 206.
(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.
Rule 3.2.2.
Pleadings, Disposition, Issues of Fact or Law.
Except
in those cases where no responsive pleading is required, if the respondent
fails to answer a petition to which an answer is required under the Carbon
County Rules of Civil Procedure or the Pennsylvania Orphans' Court Rules or the
Pennsylvania Rules of Civil Procedure within twenty (20) days of service, all
material averments of fact in the petition shall be taken as admitted and the
Court may, at any time after the reply day or return day and upon proof of
service of the Rule to show cause upon the respondent at least ten (10) days
prior to the return date, upon motion, enter a decree granting the prayer of
the petition or such other relief deemed appropriate by the court.
(a) Endorsements.
Every pleading shall be endorsed with the name of counsel, if counsel has
appeared for a party.
(b) The
signature of an attorney to a petition shall constitute a certification by that
attorney that all copies of written or printed instruments, records, or
documents which are not certified or authenticated, are true and correct copies
of the original.
Rule 3.4.2.
Consents. Joinders. Form.
(a) All
petitions shall aver that all parties in interest are petitioners, or that
consents or joinders of all necessary parties are attached or, if the
petitioner is unable to attach a necessary consent or joinder, this fact shall
be stated in the petition together with the reason.
(b) Whenever
a party other than a petitioner desires to consent to or join in the prayer of
a petition, there shall be appended to the petition a written
"Consent" or "Joinder" signed by the party in the following
form:
I, , having read and considered the contents of
the foregoing petition, do herewith waive the benefit of all requirements of
notice of the presentation, or service upon me, of said petition, do authorize
the Court to note my general appearance in said proceeding as though I had
appeared personally or by counsel, do herewith waive all objections to the
Court's jurisdiction over my person, and do herewith consent to or join in [add
specifics of prayer for relief].
Rule 5.1.1.
Notice. Legal Publication.
The Carbon County Law Journal
and The Times News and such other publications as may be designated by
the President Judge shall be the legal periodicals for the publication of
notice whenever publication in a legal periodical is required by Act of Assembly,
Rule, or Order of Court.
Rule 5.2.1.
Method. Person under Incapacity. No Guardian or Trustee.
Whenever notice is given to a person
who is not sui juris and for whom there is no guardian or trustee, notice shall
be given by serving it upon the person, if over fourteen years of age, and in
all cases, upon:
(a) The
person's spouse, if sui juris, or
(b) The
person's next of kin, if sui juris, or
(c) The
person with whom he or she resides or by whom he or she is maintained; or
(d) The
superintendent or other official of the institution having custody of the
person; or
(e) In
such manner as the Court, by special order, may direct.
Rule 5.4.1.
Notice. Additional Requirements.
(a) (1)
Personal Service. Return of personal service shall set forth the date,
time, place and manner of such service, and that a true and correct copy of the
petition and notice were handed to the person served.
(2) Registered
or Certified Mail. Return of notice by registered or certified mail shall
set forth the date and place of mailing the petition and notice and shall
include the return receipt or a copy thereof.
(3) Publication.
Return of notice by publication shall set forth the date(s) and newspaper
and/or legal periodicals of publication and shall include proofs of publication
or copies thereof.
(b) Except
as may otherwise be provided, by statute, Rule or special order, a return of
notice shall be filed with the Clerk prior to the date set for the occurrence
of the event of which notice has been given.
Rule 5.5.1.
Charities. Notice to the Attorney General.
Notice to the Attorney General or his
designated deputy shall be given in accordance with the provisions of Pa.O.C.R.
No. 5.5 in any matter which involves:
a. a specific bequest
to a charity in the amount of $25,000.00 or more;
b. a specific
bequest to a charity totaling less than $25,000.00 which will not be paid in
full; or
c. a charitable
bequest of any amount payable out of the residue of the estate.
RULE 6 -
ACCOUNTS AND DISTRIBUTION
Accounts
shall be prepared on 8 ˝” 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.
Revision effective December 17, 2001
(a)
Accounts Required. 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, and shall include either a
Statement of Proposed Distribution or a request that distribution be determined
by the Court or an auditor.
(b) 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.
(c) Family Settlement Agreement. 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 shall be substantially in the form prescribed by Carbon
Co. O.C.R. No. 6.1.2. Each Family Settlement Agreement shall also have attached
thereto a Statement of Proposed or Actual Distribution, and a 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.
Rule 6.1.2.
Form of Accounts. Additional requirements.
(a) All
accounts shall be in the form approved by the Pennsylvania Supreme Court and as
explained by the Uniform Fiduciary Accounting Principles, pursuant to Pa.O.C.
Rule 6.1(g).
(b) Accounts
shall be stated on 8 ˝" by 11" paper, fastened together at the top
and numbered consecutively at the bottom.
(c) Every
account filed with the Clerk shall be signed by each accountant and shall be
verified by at least one accountant.
Rule 6.3.1.
Notice to Parties in Interest.
(a) Notice of the filing and of the
date and time for confirmation as required by law and Rule of Court shall be
given by certified or registered mail, return receipt requested, at least ten
days prior to the confirmation date. In lieu of such notice, a written waiver
of notice may be filed for any party. The notice shall state that any party may
file objections in writing with the Clerk of the Orphans’ Court at any time
prior to the date and time fixed for confirmation, and that if no objection is
filed, the Account and Statement of Proposed Distribution will be confirmed
absolutely.
(b) In addition to notices otherwise
required by law or statute, the surety on the bond of any fiduciary seeking
discharge shall be given written notice of the filing of the petition and of
the date and time for presentation for Final Decree, by certified or registered
mail, return receipt requested, at least ten days prior to the date scheduled
for discharge. In lieu of such notice, a written waiver of notice may be filed.
The notice shall state that the surety may file objections in writing with the
Clerk of the Orphans’ Court at any time prior to the time fixed for Final
Decree, and that if no objections are filed, a Final Decree shall be entered as
of course.
(c) Prior to the date set for
confirmation of the account, the accountant, or counsel, shall file with the
Court a return of notice as prescribed in Rule 5.4.1. hereof, in form approved
by the Court.
(d) If it shall appear that timely and
proper notice has not been given to all parties entitled to notice or that the
requisite affidavit of notice has not been filed, or that all costs have not
been paid, no order of confirmation or discharge will then be made and in lieu
thereof the procedure shall be as follows:
(1)
If the irregularity is remedied within twenty (20) days, the Clerk shall
represent the matter to the assigned Judge in Chambers for confirmation or
discharge order, provided at least ten (10) days have elapsed after notice was
given to any party and provided that no objection, exception or answer has been
filed meanwhile. If any such objection, exception or answer has been filed, the
provisions of Rule 6.4.1(b) shall apply.
(2)
If the irregularity has not been so remedied within twenty (20) days, the time
for confirmation or for discharge order shall be as of course extended until
the next regular scheduled session for confirmation and discharge, and
re-advertisement and re-notification of all parties shall be required, unless
the fiduciary makes written application to the Court and obtains special relief
for cause shown.
(3)
In any case now pending or hereafter arising in which an account, statement of
proposed distribution, or discharge petition has been filed but remains
unconfirmed for unremedied procedural defect, the Clerk may file a petition
with the Court stating the essential facts and requesting issuance of a Rule to
show cause why an order denying confirmation or dismissing the discharge
petition should not be made. A copy of such petition shall be furnished by mail
to the fiduciary and his or her counsel, and to each party entitled to receive
notice and the case shall be placed on the argument schedule for hearing and
argument.
(e) The Clerk shall give notice of all
accounts filed and of the time and place of the call of the Confirmation List.
The notice shall be published once a week for two (2) consecutive weeks
immediately prior to the date of confirmation in the legal publication
designated by these Rules and in one daily newspaper of general circulation
published within Carbon County, and the Clerk shall also post copies of the
Confirmation List in his/her office.
(f) The form of advertisement of
Accounts and Statements of Proposed Distribution that have been filed for
confirmation by the Court shall be as follows:
NOTICE OF CONFIRMATION OF FIDUCIARIES’
ACCOUNTS
To
all claimants, beneficiaries, heirs, next-of-kin, and all other parties in
interest:
NOTICE is
hereby given that the following named fiduciaries of the respective estates
designated below have filed their Accounts and Statements of Proposed
Distribution in the office of the Register of Wills in and for the County of
Carbon, Pennsylvania, and the same will be presented to the Orphans’ Court
Division, Courtroom No. ,
Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the day of ,
at .
m. for confirmation. All objections must be filed in writing in the office of
the Clerk of Orphans’ Court Division, Court of Common Pleas, Jim Thorpe,
Pennsylvania, prior to the foregoing stated date and time:
ESTATE FIDUCIARY ATTORNEY
X X X
Clerk
of the Orphans 'Court
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.
Revision effective December 17, 2001
Rule 6.4.1.
Accounts. Time for Filing.
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 6.9.1.
Accounts. Papers to be Submitted.
(a) All
Accounts. Counsel for all fiduciaries shall submit:
(1) Copies
of all agreements with respect to settlements and compromises;
(2) Accurate descriptions of all real
property to be awarded in kind, described by metes and bounds in the manner
appearing in the last deed of record, together with recital of title into the
decedent; and
(3) Statement
of Proposed Distribution.
(b) Accounts
of Trustees. Counsel for Trustees shall also submit:
(1) a
waiver of an income accounting executed by all of the income beneficiaries, if
the account does not contain a complete income accounting; and
(2) a
Statement of Proposed Distribution.
(c) Accounts
of Guardians of the Estates of Minors. Counsel for a
Guardian of the estate of a minor shall also submit:
(1) where
the former minor has attained the age of eighteen (18) years, his/her written
stipulation setting forth that he/she attained the age of eighteen (18) years
on a certain designated date, that he/she has examined the account and has
found it correct; and that he/she has received the balance or balances shown in
the account and requests that the guardian be discharged;
(2) where
the former minor has attained the age of eighteen (18) years but has not executed
the stipulation referred to in paragraph (18) of this Rule, then in place
thereof a Statement of Proposed Distribution shall be filed;
(3) where
the minor is deceased, or has been adjudged an incapacitated person under the
P.E.F. Code, or is an absentee or presumed decedent, or the guardian has
resigned or has been removed, a statement of Proposed Distribution shall be
filed.
(d) Accounts of Guardians of Estates of
Incompetents/ Incapacitated Persons. The annual account of
the guardian for an incompetent or incapacitated person shall be in the form
prescribed by Carbon County Orphans Court Rule No.14.3.
Rule 6.10.1.
Objections. Form and Content.
(a) Objections to an account, inventory, and
statement of proposed distribution shall be in writing; shall be numbered
consecutively; shall be signed by the objector or his or her attorney; and
where they contain allegations of fact, shall be properly verified in the same
manner as a petition.
(b) Each
objection shall be specific as to description and amount, shall raise but one
issue of law or fact, and shall set forth briefly the reason or reasons in
support thereof.
Rule 6.10.2.
Objections. Time for Filing.
(a) Written objections to an account,
inventory, or statement of proposed distribution may be filed as of course with
the Clerk at any time prior to, or at, the call of the account for
confirmation.
(b) No
objections shall be made or filed except as provided in subparagraph (a) unless
leave of Court is first obtained.
Rule 6.10.3.
Objections. Deposit on Account of Fees and Costs.
Upon
the filing of objections to an account, inventory or statement of proposed
distribution, objectors shall deposit with the Orphans Court the sum of $350.00
on account of the fees and costs of the Auditor or Master.
Rule 6.10.4.
Objections. Service. Return.
A copy of objections to an account,
inventory or statement of proposed distribution shall be served upon the
accountant and all other parties in interest or their attorney of record, immediately
after the objections have been filed with the Clerk. Proof of such service
shall be filed forthwith with the Clerk. Any unreasonable delay in serving
objections shall constitute grounds for dismissal of the same by the Court.
Rule 6.10.5.
Objections. Failure to Make, Effect.
Any question which can be and is not
raised by objections conforming to these Rules shall not thereafter be the
subject of an exception to an order confirming an account or decreeing
distribution.
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 shall 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.
Rule 6.11.2.
Distribution Under Section 3534 Of P.E.F. Code.
(a) Where at the time of distribution of the
estate the personal representative or a distributee requests the Court to
divide, partition, and allot the real estate or to direct a sale thereof, an
interlocutory decree shall be entered fixing a day certain, not less than
twenty (20) days from the date of the interlocutory decree, for hearing; the
interlocutory decree to be entered shall be in the form of a notice to all parties
in interest that on the day so fixed for hearing the Court will hear the
contentions of the parties in interest with respect to:
(1) whether the real estate can be divided
among less than all of the parties in interest without prejudice to or spoiling
the whole and if so, how; and
(2) whether the Court should direct the
personal representative to sell at a sale confined to the distributees or at a
private or public sale not so confined.
(b) A
copy of the interlocutory decree, duly certified, shall be served by certified
or registered mail, by the personal representative, upon all parties in
interest, not less than ten (10) days before the return day fixed in the
decree; proof of service of notice, in the form of return receipts, to be filed
upon the return day.
Rule 6.11.3.
Settlement of Small Estates. Contents of Petition.
(a) Contents of Petition. A petition
for the settlement of small estates under Section 3102 of the P.E.F. Code shall
set forth:
(1) the name, date of death, and residence of
the decedent;
(2) the petitioner’s name and address and
his/her relationship to the decedent;
(3) if the petitioner is the surviving
spouse, the date and place of marriage to the decedent;
(4) whether the decedent died testate or
intestate;
(5) the names, relationship, and interest of
all persons entitled to share in the decedent’s estate under the Will, if any
and the names, relationship and interest, if any, intestate heirs, stating who
are minors, incapacitated persons, or decedents, with the names of their
fiduciaries, if any, and whether any of them received or retained any property
of the decedent by payment of wages, salary or any accrued pension under
Section 3101 of the P.E.F. Code or otherwise;
(6) where a claim for family exemption is
included, a statement that claimant formed a part of the decedent’s household
at the date of death and, if the claimant is the surviving spouse, that he or
she has not forfeited the right to claim the family exemption;
(7) an itemized statement of the gross
personal estate to be distributed and the fair value of each item other than
cash, such value to be that given in the inventory filed, and if one was filed,
then the fair value, if not readily ascertainable, shall be fixed by two
appraisers whose affidavits of value shall be attached to the petition;
(8) the disbursements made prior to the
filing of the petition; the date and name of the person to whom paid; and the
nature and amount of each payment;
(9) the names of all unpaid claimants of
whom the petitioner has notice, the nature and amount of each claim, and
whether such claims are admitted;
(10) that a schedule of assets and deductions
for inheritance tax purposes has been filed with the Register of Wills, the
amount of any inheritance tax assessed, and the date of payment thereof, or the
reasons why no such schedule was filed; and
(11) a statement that ten (10) days written
notice of intention to present the petition has been given to every
beneficiary, heir, or unpaid claimant who has not joined in the petition, or to
the Attorney General, if the decedent’s heirs are unknown.
(b) Exhibits. The following
exhibits shall be attached to the petition:
(1) a copy of the decedent’s Will;
(2) the consents of unpaid beneficiaries,
heirs, and claimants; and
(3)
the inheritance tax voucher, or in lieu thereof a
statement from the inheritance tax department that no tax is due.
Rule 7.1.1.
Exceptions. Form and Contents.
(a) No exceptions shall be filed to orders or
decrees entered in proceedings unless the right to except thereto is expressly
conferred by Act of Assembly, Pa. Orphans Court Rule, Local Rule, or special
order, and all decrees other than those to which exceptions are so allowed to
be taken are FINAL.
(b) Exceptions to findings of fact and
conclusions of law contained in adjudications, orders and decrees shall be in
writing, shall be numbered consecutively, and shall be signed by the exceptant
or his attorney.
(c) Each exception shall be specific, shall
raise but one question and shall set forth briefly the reason or reasons in
support thereof.
(d) Questions
which were the proper subject of objections to accounts, inventory, or
statements of proposed distribution and were not raised when the account was
called for confirmation, or questions which might properly have been raised by
an answer to or during a hearing on a petition, shall not be subject of
exceptions, and if so made shall be subject to dismissal.
Rule 7.1.2.
Exceptions. Time for Filing.
Except as otherwise provided,
exceptions shall be filed as of course with the Clerk within twenty (20) days
from service of a copy of the adjudication, order, proposed order, or decree
complained of, or a report of a Master or Auditor, and a true and correct copy
of the exceptions served upon all parties in interest, or their counsel of
record. Proof of service as aforesaid shall be filed with the Clerk prior to
any disposition of the exceptions.
Rule 7.1.3.
Exceptions. Partial Distribution.
When the matters which are the subject
of an adjudication, schedule of distribution, or the report of an auditor or
master, are so separate and distinct that an exception to any one or more,
whether sustained or dismissed, cannot affect the remainder, and the accountant
will not be prejudiced by the distribution of such remainder, confirmation of
the adjudication, schedule of distribution, or report, shall not be suspended,
except as to those matters to which exceptions have been filed; distribution
may proceed as to the remainder, and any party from whom such distribution has
been withheld may petition the Court to order distribution.
The Court, on its own motion, or upon petition
of the accountant, or of any other party in interest, may appoint an Auditor or
Master to assist the Court in the audit of an account or the disposition of an
issue of fact in a matter.
Rule 8.1.2.
Notice of Hearing. Hearings.
(a) The Clerk shall give written notice of
an Auditor’s or Master’s appointment to all counsel of record and all
interested parties not represented by counsel known to the Clerk.
(b) Notice of the hearings shall be given by
the Auditor or Master.
(c) The
hearing shall be held in an appropriate room at the Carbon County Courthouse at
a time and place indicated and not later than forty-five (45) days after the
Auditor’s or Master’s appointment and shall be extended only upon application
to the Court for good cause shown.
Rule 8.5.1.
Transcript of Testimony.
(a) Testimony given at an Auditor’s or
Master’s hearing shall be stenographically recorded, unless otherwise ordered
by the Court upon application by a party, or the Auditor or Master.
(b) The transcript of testimony taken before
an Auditor or Master shall be filed with the report.
(c) Fees
may be taxed as costs and the Auditor or Master shall recommend to the Court
that the stenographer’s fees follow the award as costs in appropriate cases.
Rule 8.6.1.
Filing of Report. Notice of Filing. Proof of Notice.
(a) An Auditor or Master shall file with the
Clerk of Orphans Court his or her original report, together with the transcript
of testimony and the proposed Decree Nisi, not later than 120 days after
conclusion of the final hearing, and shall give notice in writing to all
parties in interest or their counsel of record of the filing of such report,
and shall further file proof of the giving of notice with the Clerk.
(b) The
Clerk shall serve a copy of said report and proposed Decree Nisi upon each
counsel of record and to each party in interest not represented by counsel.
Rule 8.7.1.
Report of Auditor or Master. Disposition Procedure.
(a) Subject to the provisions of Carbon Co.
O.C.R. No. 8.8.1(a), the report of an Auditor or Master shall be transmitted to
the Court for Confirmation Nisi upon filing with the Clerk and shall become
FINAL unless written exceptions thereto are filed within twenty (20) days after
the date of filing the report.
(b) Exceptions.
Any party in interest shall have the right to file exceptions to the report of
an Auditor or Master within twenty (20) days after the filing and Confirmation
Nisi thereof.
Rule 8.8.1.
Compensation and Security.
(a) Any Auditor or Master appointed by the
Court under these Rules shall be compensated by reasonable fees as fixed by the
Court and paid from such sources as the Auditor or Master shall recommend and
the Court shall direct.
(b) A
motion to the Court to require additional security for payment of fees and
expenses may be filed with the Clerk at any time by the Auditor or Master,
Accountant or any party in interest. The report shall not be filed with the
Clerk until all fees and expenses have been paid.
Rule 9.1.1. Official Examiners.
Whenever an examination of assets is ordered in connection with
an accounting, the special order of appointment will be included in the
adjudication of the account, and the examiner shall make the examination after the
schedule of distribution has been filed and approved so that the assets
distributable to fiduciaries, which are the assets to be examined, will have
been determined.
Rule 9.1.2. Official Examiners. Compensation.
Each estate shall be liable for the compensation of the examiner
and the amount of such compensation shall be fixed by special Order of the
Court.
Rule 10.1.1. Appeals From
Grant Of Letters
Appeals from the
grant of letters of administration or letters testamentary, whether founded
upon discovery of a later will or otherwise, shall initially be filed with and
heard by the Register of Wills, who shall conduct a hearing on such appeal
within thirty (30) days of the filing of same. The Register of Wills shall
issue a written decision granting or denying the appeal not later than ten (10)
days following the date of the hearing. Appeals to the Court from the decision
of the Register shall be as provided in Carbon Co. O.C.R. No. 10.1.2.
Rule 10.1.2. Form Of
Appeal From Register Of Wills Decision.
When an appeal is taken from a judicial act or proceeding before
the Register of Wills, the appellant shall do so by petition which sets forth:
(1) the nature of the
proceedings before the Register of Wills;
(2) the reasons for
the appeal;
(3) the names and
addresses of all parties in interest, including those who have not been made
parties to the record and their counsel; and
(4) A request that a
Rule to Show Cause issued directed to all parties in interest including those
not represented on the record to show cause why the appeal should not be
sustained and the judicial act or proceeding complained of be set aside and
reversed.
Upon the issuance of the Rule to Show Cause, the Register of
Wills shall certify the record to the Court.
Rule 10.2.1. Inheritance
Tax Appeals.
Practice and procedure in inheritance tax appeals shall be in
accordance with the Inheritance and Estate Tax Act, 72 P.S. '9101 et seq.
Rule 12.1.1. Family
Exemption. Appraisal
(a) Where the
exemption is claimed from personal property included in the inventory filed, the
value of each item so claimed shall be that given in the inventory filed.
(b) Where the
exemption is claimed from personal property forming part of a Small Estate and
no inventory has been filed, the value of each item claimed shall be the fair
value thereof.
(c) Unless otherwise
directed by the Court, no appraisal shall be required if the exemption is
claimed;
(1) in money;
(2) from personal
property and the gross value of the estate does not exceed the amount of the
exemption;
(3) in real or personal
property at valuations agreed upon by all parties in interest.
Rule 12.1.2. Family
Exemption. Allowance.
(a) Personal Property.
If the petitioner requests the
exemption prior to confirmation, the petitioner shall file a petition with the
Clerk and thereupon shall give ten (10) days written notice of intention to
request the exemption to the personal representative, if any, and to all
persons adversely affected thereby who do not join the prayer of the petition.
Objections to the exemption may be filed by any party in interest within twenty
(20) days of service of notice thereof.
1.
Real Property. If the Petitioner requests the exemption prior to the
Confirmation, the appraisers shall, within thirty (30) days after their
appointment, file with the Clerk an appraisal of the property claimed, and
written notice of such filing shall be given to the personal representative and
to the next of kin, or, if there be neither personal representative nor next of
kin, to the Attorney General. The notice
shall contain a copy of the petition and the appraisal, and a statement that
confirmation of the appraisal and the setting apart of the real estate to the
petitioner will be requested and may be allowed by the Court unless objections
are filed thereto within twenty (20) days. If the address or whereabouts of any
of the next of kin is unknown, notice shall be given in such manner as the
Court may direct.
Rule 12.1.3. Family Exemption. Risk
Distribution Prior to Confirmation.
When the personal representative at his
or her own risk delivers assets of the estate in satisfaction of the exemption
he shall set forth the same as a disbursement in the account under the
subheading "Family Exemption." Such delivery may be the subject of
objection by any claimant or party in interest.
Rule 12.2.1.
Allowance to Surviving Spouse of Intestate. Appraisal.
If an appraisal of property is needed,
the manner of appraising the property, of filing and confirming the appraisal,
and of advertising or giving notice thereof shall be by special order in each
case.
Rule 12.3.1.
Election of Surviving Spouse. Filing of Petition for Extension of Time.
(a) A petition for the extension of time in
which the surviving spouse may file an Election to Take Against the Will shall
include the requirements for a petition under Pa. O.C. Rule 12.3(a) and the
facts relied upon to justify an extension of time in which to file the
election.
(b) The petitioner shall file the petition
with the Clerk and thereafter give ten (10) days written notice of intention to
request the extension to all persons adversely affected thereby who do not join
the prayer of the petition.
(c) In
the absence of objection, on the presentation of an appropriate motion and
verified return of notice at the rule to show cause returnable day designated
in the petition, an appropriate decree may be entered.
Rule 12.5.1.
Appointment of Guardian for Minor. Consents Required.
(a) Consent of Parents or Person in Loco
Parentis. Written consent of the parents or surviving parent of the minor to
the appointment of a guardian of the estate or person is required. If both
parents are deceased, such consent is required of the adult person with whom
the minor resides or of the superintendent or other official in charge of the
institution having custody of the minor. If such consent is not obtained, the
petitioner shall set forth the reason and give such notice of the petition as
the Court may direct.
(b)
Consent of Guardian.
Individual. When the proposed guardian is an individual, written consent to
act as such shall contain the following:
(1) the individual's business, and domicile;
(2) a statement that the individual is a
citizen of the United States, able to speak, read, and write the English
language; and
(3) a statement that the individual is not
the fiduciary or an officer or employee of the corporate fiduciary of an estate
in which the minor has an interest nor the surety or an officer or an employee
of the corporate surety of such a fiduciary; and
(4) a statement that the individual has no
interest adverse to the minor.
(c) Consent of Guardian. Corporate. When
the proposed guardian is a corporation authorized to act as fiduciary, its
written consent to act as such shall contain a statement that it is not the
fiduciary of an estate in which the minor has an interest nor the surety of
such a fiduciary and that it has no interest adverse to the minor.
NOTE: The foregoing Rules relating to the appointment of a
guardian of a minor’s estate are subject to the powers given to persons to
appoint a guardian by Will, by inter vivos trust agreement, etc. (See Section
2519 of the P.E.F. Code.)
Rule 12.5.2.
Guardians. Minors. Bond. Restricted Account.
(a) If funds are placed in a restricted
account in accordance with the Probate, Estates and Fiduciaries Code, the
decree of the Court may contain a further provision that if no withdrawals are
made from the account prior to the minor reaching his majority, the institution
may pay over the funds when the minor attains age eighteen (18) years, upon the
joint requests of the guardian and the former minor without further Order of
the Court.
(b) A
guardian who has received assets in addition to the deposit or investment made
in accordance with this Rule shall account as if the restricted account did not
form part of the estate.
Rule 12.5.4.
Minor's Estate. Allowances. Approval of Court.
(a) Mandatory Approval by the Court. No
payments shall be made by the guardian of the estate unless approval by the
Court is first obtained when payment is to be made from principal, or when
special services have been performed by counsel and the guardian is in doubt as
to the reasonableness of the fee.
(b) Contents of Petition. Allowances for
Maintenance, Support, or Education. A petition for an allowance from a
minors estate, for the maintenance, support, or education of the minor, the
minor's spouse or children, shall be presented by the guardian of the estate
and shall set forth:
(1) the manner of the guardian's appointment
and the date thereof; and, where appropriate, the terms of the instrument
creating the estate;
(2) the age and residence of the minor;
whether his or her parents are living; the name of the person with whom he or
she resides; and, if married, the name and age of his or her spouse and
children;
(3) the value of the minor's estate, real
and personal, and the net annual income;
(4) the circumstances of the minor, whether
employed or attending school; if the minor's parents are living, the reason why
the parents cannot support and educate the minor without resorting to the
minor's estate;
(5) the date and amount of any previous
allowances by the Court;
(6) a recommendation to the Court of the
amount of the allowance the petitioner believes should be decreed; and
(7) if the petition is presented by someone
other than the guardian of the estate, that demand was made upon the guardian
to act, and the reason, if any, given for failure to do so.
(c) Contents of Petition. Joinder. Attached to the
petition shall be the joinder of the minor, if over fourteen years of age, and
of the parents or surviving parent; or, if both parents are deceased, the
joinder of the adult person with whom the minor resides, or the superintendent
or other official in charge of the institution having custody of the minor.
(d) Allowance for More than One Minor. A
single petition may be used for an order of allowance for care, maintenance and
education of more than one minor or for funeral expenses of a deceased child,
spouse, or indigent parent where the minors are members of the same family,
have the same guardian, and substantially the same reasons in support of the
petition apply to all of the minors.
(e) Allowance
from Sequestered Account. Whenever a sequestered deposit has been created
for the benefit of a minor, whether or not a guardian has been named,
allowances therefrom may be upon petition of anyone interested in the welfare
of the minor. Such a petition shall conform as nearly as may be to the
requirements of these Rules and shall, in addition, set forth the interest of
the petitioner in the matter.
Rule 12.9.1.
Public Sale of Real Property. Contents of Petition.
(a) Personal Representative. A
petition by a personal representative to sell real property at public sale,
under the P.E.F. Code, shall set forth in separate paragraphs
(1) name, residence, and date of death of
the decedent; whether he or she died testate or intestate, and the date of
grant of letters;
(2) that the personal representative is not
otherwise authorized to sell by the P.E.F. Code, or that the personal
representative is not authorized or is denied the power to do so by the Will;
or that it is desirable that the sale have the effect of a judicial sale,
stating the reasons;
(3) the total value of the personal estate and
all of the real property, respectively, as shown in the inventory filed,
including the value at which the real property to be sold was included therein;
(4) a full description of the real property
to be sold, improvements thereon, by whom it is occupied;
(5) if the personal representative entered
bond with the Clerk, the amount of such bond and the name of the surety;
(6) the names of all parties in interest, as
heirs, devisees, legatees, or lienholders, who will be affected by the granting
of the petition and the interest of each; whether any of them are minors,
incompetents/ incapacitated persons, or deceased, and if so, the names and the
record of the appointment of their fiduciaries;
(7) the liens and charges, if any, of record
against the property to be sold;
(8) the terms of the proposed sale; and
(9) any additional facts which may aid the
Court to determine that the sale is desirable for proper administration and
distribution of the estate.
(b)
Trustee- A Petition by a trustee to sell real property at public
sale under the P.E.F. Code shall set forth in separate paragraphs:
(1) a statement, in substance, of the
provisions of the instrument creating the trust, Particularly the powers, if
any, therein given to the trustee in respect of real property;
(2) a copy of the instrument creating the
trust, in the form of an exhibit, or if too lengthy, the relevant portions;
(3) the total value of the personal property
and the real property, respectively, forming the corpus of the trust;
(4) the amount of the bond, if any, filed;
(5) the
names of all parties interested as beneficiaries, including life tenants and
remaindermen, who will be affected by the granting of the petition, whether any
of them are minors, incompetents/incapacitated Persons, or deceased, and if so,
the names and the record of appointment of their fiduciaries;
(6) a full description of the real property
proposed to be sold, the improvements thereon, by whom it is occupied;
(7) the reason the sale of the real property
involved is necessary or desirable for the proper administration of the trust
estate;
(8) the liens and charges, if any of record
against the real Property to be sold;
(9) that the trustee is not otherwise
authorized to sell by the P.E.F. Code, or is denied the power by the trust instrument;
or that it is advisable that the sale have the effect of a judicial sale,
stating the reason; and
(10)
the terms of the proposed sale.
(c) Guardian. Incapacitated Person's Estate.
A petition by a guardian of an incapacitated person's estate to
sell real Property at public sale under the P.E.F. Code shall set forth in
separate paragraphs:
(1) the name, age, marital status and
domicile of the incapacitated person; the date of appointment of the guardian
and by what court; and the amount of bond filed;
(2) the total value of the Personal estate
and all of the real property, respectively, as shown in the inventory filed;
(3) a full description of the real property
proposed to be sold, the improvements thereon, by whom occupied;
(4) the names of the parties in interest as
heirs and/or next of kin;
(5) why the sale of the real Property
involved is necessary or desirable for the administration of the incapacitated
person's estate;
(6) the liens and charges, if any, of record
against the property to be sold; and
(7) the terms of the proposed sale.
(d) Guardian. Minor's Estate- A
petition by a guardian of a minor's estate to sell real property at public sale
under the P.E.F. Code shall set forth in separate paragraphs:
(1) the name, age, and domicile of the
minor; the date of appointment of the guardian and the amount of the bond
filed;
(2) the total value of the personal estate
and all of the real property, respectively, as shown in the inventory, if
filed, otherwise the value of each as received by the guardian and how and from
whom received;
(3) a full description of the real property
proposed to be sold, the improvements thereon, by whom occupied, and how title
was acquired by the minor;
(4) the name and relationship of the person
with whom the minor lives;
(5) where the proposed sale is of an
undivided interest, whether the owners of the other undivided interests join in
the proposed sale;
(6) why the sale of the real property
involved is necessary or desirable for the administration or distribution of
the minor's estate and whether the proposed sale is for the best interest of
the minors estate;
(7) the lien and charges, if any, of record
against the real property to be sold; and
(8) the
terms of the proposed sale.
Rule 12.9.2.
Notice of Public Sale of Real Property.
(a) Public notice of any proposed sale under
Order of Court shall be given by advertisement one (1) time in at least one
newspaper of general circulation published in the County of Carbon and in the
legal publication designated by these Rules, and shall be placed under a
general heading as follows:
COURT OF COMMON PLEAS OF CARBON COUNTY
ORPHANS' COURT DIVISION
PUBLIC SALE OF REAL ESTATE
IN
PURSUANCE OF AN ORDER OF THE ORPHANS' COURT DIVISION, THE REAL ESTATE INDICATED
BELOW WILL BE OFFERED FOR SALE AT THE TIME AND PLACE STATED. THE TERMS AND
CONDITIONS OF SALE ARE OF RECORD IN THE OFFICE OF THE CLERK OF THE ORPHANS'
COURT AT THE CARBON COUNTY COURTHOUSE, JIM THORPE, PENNSYLVANIA, WHERE THEY MAY
BE EXAMINED BY THE PARTIES INTERESTED.
(b) the advertisement shall give the name of
the decedent, trust beneficiary, minor, or incapacitated person, the
municipality in which he or she resided, the place in which lies the real
estate to be offered for sale, an abridged description of the real estate
(including, where possible, the street and house number, and block and lot
number), the improvements thereon erected, the place, date, and time of sale,
the name and title of the personal representative directed to make the sale,
and the name of the attorney representing the fiduciary.
(c) At least ten (10) days written notice
shall be given to all non-joining parties interested (1) as heirs, devisees,
legatees, or lien holders, where the property to be sold is that of a decedents
estate; or (2) as heirs and/or the next of kin, where the property to be sold
is that of an incapacitated person; or (3) as beneficiaries, including life
tenant and remaindermen, of the trust estate where the sale is to be by a
trustee; or (4) as the parents or other person maintaining the minor where the
property to be sold is that of a minor; or (5) as claimants.
The written notice herein provided for
shall be by personal service or by any form of mail requiring a receipt signed
by the person to be notified, mailed to the last known address of the person to
be notified.
Rule 12.9.3.
Public Sale of Real Property. Return of Sale.
All
returns of sale of real estate sold at public sale shall be in writing and
sworn to and shall include:
(a) proofs of publication of the notice
required by Carbon Co. O.C.R. 12.9.2.(a);
(b) when and to whom written notice was
given under Carbon Co. O.C.R. 12.9.2.(c); and
(c) the
name of the purchaser and the purchase price.
Rule 12.9.4. Public Sale
of Real Property. Decree.
Upon return of sale under Carbon Co.
O.C.R. 12.9.3, the Court may enter a Decree of Confirmation Nisi and fix the
amount of security or additional security which the personal representative,
trustee, or guardian shall be required to enter or the Court may excuse the
fiduciary from entering additional security; and the Decree of Confirmation
Nisi so entered is FINAL unless exceptions are filed within ten (10) days of
the date signed.
Rule 12.10.1.
Private Sale of Real Property.
A petition of a fiduciary to sell real
property at private sale shall also conform as closely as practicable to the
requirements of Carbon Co. O.C.R. 12.9 with regard to a petition to sell real
property at public sale by the same fiduciary and shall also be supported by
the affidavits required under Pa.O.C. Rule 12.10(b).
Rule 12.10.2.
Private Sale of Real Property. Public Notice of Sale. Form of Notice.
Public
notice of any proposed private sale under Order of Court shall be given by
advertisement one (1) time in at least one newspaper of general circulation
published in the County of Carbon and in the legal publication designated by
these Rules; unless excused by Order of Court, notice shall also be given by
personal service or registered mail to the last known address of all nonjoining
interested parties as specified in Carbon Co. O.C..R. 12.9.2(c); and shall be
in the following form:
COURT OF COMMON PLEAS OF CARBON COUNTY
ORPHANS' COURT DIVISION
PRIVATE SALE OF REAL ESTATE
In the matter of the Estate of (deceased - a minor - incapacitated person).
To the heirs, legatees, devisees, next of kin, and all other persons interested
in said estate:
Notice is hereby given that
(personal
representative - trustee - guardian) has filed in the office of the Clerk of the
said Court a petition praying for an order of sale of the real estate of said (decedent - minor
-incapacitated person) situate
at private sale
to for the sum of $ for the purposes in the petition set
forth. If no exceptions are filed thereto or objections are made to granting
the same, the Court will be asked to take action upon the petition on the day of ,
,
at .m.,
in Courtroom No. ,
the Carbon County Courthouse, Jim Thorpe, Pennsylvania.
Attorney
for Petitioner
Rule 12.10.4.
Confirmation of Sale.
If
no exceptions are filed or objections made, the Court may enter a decree:
(1) fixing the amount of security or
additional security which the personal representative, trustee, or guardian
shall be required to enter or excusing the fiduciary from entering additional
security; and
(2) confirming
the sale absolutely effective immediately or as of the time the required
security or additional security, if any, is approved and filed.
Rule 12.11.1.
Mortgage of Real Property.
A petition to mortgage real property by
a personal representative, trustee, or guardian shall conform as closely as
practicable to the requirements of Carbon Co. O.C.R. 12.10.1 with regard to a
petition to sell real property at private sale by the same fiduciary.
Rule 12.11.2.
Pledge, Lease, or Exchange of Real Property.
The practice and procedure governing
petitions by a personal representative, trustee, or guardian to pledge, lease,
or exchange, or to grant an option for the pledge, lease, or exchange of
property under the P.E.F. Code, shall be governed by Carbon Co. O.C.R. 12.10.1,
governing the private sale of real property by such fiduciary.
Rule 12.12.1.
Inalienable Property. Public Sale.
(a) A petition to sell real property at public
sale under Chapter 83 of the P.E.F. Code shall, in addition to other
requirements of the statute and Supreme Court Orphans' Court Rules, set forth
in separate paragraphs:
(1) How title was acquired, stating the date
and place of probate of the Will or recording of the deed, as applicable;
(2) If presented by a guardian, the method,
date and record of appointment, if any, or if none, identity of the petitioner
stating the relationship of the petitioner to the person owning the property;
(3) A full description of the real property,
its improvements, by whom it is occupied, its rental income, if any, and the
liens and charges to which it is subject;
(4) The interest of the petitioner, if any;
(5) A recital and history of the trust, if
any; the relevant provisions of the Will or deed pertaining to the real
property to be sold; the interest of a minor, if any; and the names of other
parties interested in the real estate and the nature of their interest;
(6) If for the benefit of a minor, the age
of the minor, the names of the minor's next of kin and that notice has been
given to them of the presentation of the petition;
(7) The names of all parties in interest,
their addresses, the nature and extent of their interests, stating which, if
any, are minors or incapacitated persons, and giving the names and record of
appointment of their guardians, if any,
(8) That the purpose of the proceeding is to
obtain a decree stating that the title transferred to the purchaser will be
indefeasible by any person ascertained or unascertained, or by any class of
persons mentioned in the petition or decree having a present or expectant
interest in the premises, and unprejudiced by any error in the proceedings of
the court;
(9) Sufficient facts to enable the court to
determine whether the proposed sale will be to the interest and advantage of
the parties, and whether the proposed sale may be made without prejudice to any
trust, charity, or purpose for which the real property is held, and without
violation of any laws which may confer an immunity or exemption from sale or
alienation; and
(10)
The names of any parties who do not
voluntarily appear.
(b)
The petitioner shall attach as
exhibits the consents to the sale signed by those parties in interest who
consent, and the notice which was given to those parties who do not consent or
voluntarily appear.
(c)
If all parties having an interest
do not voluntarily appear as petitioners or respondents, petitioner shall
request issuance of a rule to show cause directed to all parties who have not
appeared.
(d) The
practice and procedure with respect to notice, confirmation and entry of
security shall conform to the appropriate provisions of the P.E.F. Code and
Carbon Co. O.C.R. 12.9.2, 12.9.3 and 12.9.4.
Rule 12.12.3.
Inalienable Property. Private Sale.
(a) A petition to sell real property at
private sale under Chapter 83 of the P.E.F. Code, shall set forth in separate
paragraphs:
(1) The information required under Carbon
Co. O.C.R. 12.12.1(a) and (b), to the extent applicable;
(2) The name and address of the proposed
purchaser, the price to be paid; the terms of the proposed sale; and that the
price offered is better than can be obtained at a public sale; and
(3) When the proposed sale is of an
undivided interest, that the other parties in interest desire the sale to be
made and are willing to join in the deed.
(b) In addition to the exhibits referred to
in Carbon Co. O.C.R. 12.12.1(b), the petition shall have attached affidavits of
two (2) real estate appraisers setting forth the information required by
Pa.O.C.R. 12.10(b).
(c) If all parties having an interest do not
voluntarily appear as petitioners or respondents, petitioners shall request
issuance of a rule to show cause directed to all parties who have not appeared.
(d) The
court, in the decree approving or confirming the sale, will fix the amount of
security which the fiduciary shall be required to enter.
Rule 12.12.4. Inalienable Property. Mortgage.
(a) Contents of
Petition. A petition by a fiduciary to mortgage
real property, under Chapter 83 of the P.E.F. Code, shall conform as closely as
practicable to the requirements of Carbon Co. O.C.R. 12.9 with regard to a
petition to sell real property at public sale by the same fiduciary; shall set
forth the amount and terms of the proposed loan; and shall provide sufficient
facts to enable the Court to determine whether the proposed loan should be
approved.
(b) Exhibits. Security. The exhibits required by Carbon Co. O.C.R. 12.12.3.(b) shall be attached to the petition, with the proviso regarding consents, that if all parties having an interest do not voluntarily appear as petitioners or respondents, a rule to show cause will be granted directed to all parties who have not appeared, as provided by the P.E.F. Code. Security shall be fixed as provided by Rule 12.12.3(d).
RULE 14 – GUARDIANSHIP OF INCAPACITATED PERSONS
Rule 14.1. Form of Preliminary Decree.
(a)
Form
of Preliminary Decree. Each Petition for Adjudication
of Incapacity shall have attached thereto a Preliminary Decree for Guardianship
substantially in the following form:
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
ORPHANS’ COURT DIVISION
IN RE: ,
No.
An Alleged Incapacitated Person
PRELIMINARY
DECREE FOR GUARDIANSHIP
AND
NOW, this day of ,, to judicially
resolve Petitioner's request for the appointment of guardianship, the
Court hereby:
ORDERS
and DECREES the following:
1.
That a Hearing be held on the attached
Petition on the day of _____ , at_____ _____.M. in Courtroom No., Carbon County
Courthouse, Jim Thorpe, Pennsylvania.
2. The Court directs the issuance of an
appropriate citation with Rule to Show Cause why the above-captioned individual
should not be adjudged an Incapacitated Person and why the Court should not
appoint appropriate guardians.
3. Petitioner shall request a guardianship of
the following nature: a limited guardianship of the person, a plenary
guardianship of the estate.
4. Petitioner shall cause to be served (by
personal service) the Rule to show cause and Petition with attached Notice upon
the alleged incapacitated person at least twenty (20) days prior to the Court
hearing. The contents and terms of the Petition and the Notice shall be explained
to the maximum extent possible language and terms the alleged incapacitated
person is most likely to understand. An affidavit of service shall be filed
before the hearing and offered as an exhibit at the beginning of the Court
hearing.
5. At least 20 days notice of the Petition and
Hearing shall be given by personal service or certified mail to all persons who
are sui juris and would be entitled to share in the estate of the alleged
incapacitated person's estate if he/she died intestate at the time of finding
incompetency. Notice to possible interstate heirs in foreign nations shall be
directed by special Order of Court upon petition of the petitioner. Copy of
existing wills shall be provided to the court by petitioner and beneficiaries
or devisee shall receive notice as hereinbefore provided.
6. Petitioner shall notify the Court, in
writing, at least seven (7) days prior to the Court hearing if counsel has NOT
been retained by or on behalf of the alleged incapacitated person. This notice
shall also contain all pertinent information which indicates whether or not
counsel should be appointed to represent the alleged incapacitated person.
7.
The alleged incapacitated person shall
be present at the Court hearing unless it is established that his/her physical
or mental condition would be harmed by his/her presence, or it is impossible for him/her to be present
because of his/her absence from the Commonwealth.
BY
THE COURT:
(b) Form of Rule to show cause. Every
Petition for Adjudication of Incompetency shall have attached to the
Preliminary Decree provided in subsection (a) of this rule a Rule to Show Cause
or Citation in the form prescribed by Pa. O.C.R. No. 14.5.
Concurrent
to the filing of a petition to adjudicate an incapacity, the moving
party/attorney shall complete the individual information on a Notification of
Mental Health Commitment Form SP-4-131 and file it with the Orphan’s Court
Division.
Effective March 1, 2001
Revision effective March 1, 2007
Rule 14.3. Accounts of Guardians.
On or before the first day of March
of each year, every guardian of the estate of an incapacitated or incompetent
person shall file with the Clerk of the Orphans’ Court an account of such
guardian’s administration of the estate during the preceding calendar year,
said account to be substantially in the following form:
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS'
COURT DIVISION
IN RE: : NO.
PERIODIC REPORT
FROM
,
TO ,
OF
THE GUARDIAN OF THE ESTATE
1) I am the limited/plenary
(circle one) guardian of the estate of my ward, named above, and my address, including
zip code is:
My telephone number at
work is ( ) and my
telephone number at home is ( )
2) I was appointed
guardian by Order of Court dated which was/was not (circle one) modified by
Court Order(s) dated
3) My initial
Inventory was filed on and listed a total estate value of $
The Inventory listed a total monthly
income of $
comprised of the following:
4) At the beginning date of this reporting period, my initial
balance on hand was $ .
5) During this reporting period, the
following reflects all sources of income (other than social security) received
by me for my ward: (Add additional pages
if needed)
Date
Received Source of Income Amount
1.
2.
3.
4.
5.
6.
TOTAL -
6) During this reporting period, the following reflects all
payments I have made for my ward: (Add
additional pages if needed):
Date To Whom Paid Reason for Payment Amount
1.
2.
3.
4.
5.
6.
TOTAL
-
7) The present principal assets of my ward
are:
Description of Asset Present
Value
1.
2.
3.
4.
5.
6.
8) The Present amount and Source of income
for my ward are:
Source of Income Amount
of Income
(Indicate whether monthly,
quarterly, annually)
1.
2.
3.
4.
5.
6.
9) The regular monthly expenses of my ward
which I pay are:
To Whom Paid Amount
(annually)
1.
2.
3.
4.
5.
6.
10) I have/have not (circle one) petitioned the Court for
permission to invade principal to meet the needs of my ward.
(If applicable) The following
expenses of my ward have been paid from principal:
To Whom Paid Purpose Amount
1.
2.
3.
4.
5.
6.
11) I have/have not
(circle one) paid myself compensation for services I rendered as guardian.
The
amount I paid myself totaled $
and was calculated at the following rate: $
per week/month (circle one).
12) Circle the
correct response and complete, if appropriate.
There will be no
need for extraordinary expenditures on behalf of my ward in the next twelve
(12) months.
or
There will be a
need for extraordinary expenditures on behalf of my ward in the next twelve
(12) months because:
13) Circle the
correct response and complete, if appropriate.
A. My ward receives monthly social security benefits directly.
B. I am the designated payee to receive my
ward's social security benefits.
The designated payee of
my ward's social security benefits is
Whose address is
and is/is not
(circle one) related to my ward as (insert
relationship).
I
certify under the penalties of perjury that the information contained in this
report is true and correct to the best of my knowledge, information and
belief. I further certify that I have
sent a copy of this report to all those parties in interest listed in the
original Petition to declare my ward incapacitated and that I have added a
notice to those parties in the form below.
Date:
Signature of Guardian
N O T I C E
Enclosed
is a copy of my periodic Report as Guardian of the Estate. If you have any
questions regarding this report, please contact me. If you have any Objections
to it, you are advised to prepare your Objections, in writing, make reference
to the name of the incapacitated person and the court file number, and, within
thirty (30) days of receiving this Notice, mail or deliver the Objections to me
at the address listed in my Report and to the
Orphans' Court Auditor
Office of the Register of Wills
County Courthouse
Jim
Thorpe, PA 18229
Guardian
of the Estate
Rule
14.4. Annual Report of Guardian of Person of Incapacitated Person
The annual report of the guardian of the
person of an incompetent or incapacitated person required by 20 PA.C.S.A.
§5521(c) shall be in the following form:
[Caption}
GUARDIAN
OF THE PERSON – ANNUAL REPORT
(20
PA.C.S.A. §5521(c)
1.
Current address of the
incapacitated person.
2.
Describe the type of facility
where the incapacitated person presently lives and the type of living
arrangements.
3.
Do you contemplate a change of placement
in the near future? If yes, state where and the reason.
4.
Describe any major medical or
mental problems of the incapacitated person.
5.
Describe what social and
recreational activities that are enjoyed by the incapacitate person.
6.
What medical and psychological
services are provided to the incapacitated person?
7.
Describe any hospitalizations or
medical treatment since the date of your appointment as guardian or since the
date of your last report.
8.
How often do you visit the
incapacitated person?
9.
On the average, how long are
your visits?
10.
Who else visits the
incapacitated person and how frequently?
11.
Are there any needs that are not
being provided for? If yes, state what and why.
12.
Should the guardianship continue,
be terminated, or modified? If yes, please specify the reasons for your
opinion.
Date:
Signature
of Guardian
Effective February 8, 2000
The
practice and procedure with respect to adoptions shall be as provided by Act of
Assembly and to the extent not inconsistent therewith shall conform with the
pertinent provisions of these Rules or special order of the Orphans' Court, or,
in the absence thereof, with the provisions of Pa.O.C.R. 15.
Rule 15.1.1. Local Practice and Procedure.
Practice
and procedure with respect to all proceedings under the Adoption Act, 23
Pa.C.S.A §§2101-2910, shall be as provided by this local Rule 15, and, also, in
accordance with the provisions of Pa.O.C.R. 15, to the extent the latter is not
inconsistent with the provisions of the current Adoption Act, 23 Pa.C.S.A.
§§2101-2910 (the "Adoption Act").
Appended
to all petitions for voluntary relinquishment, involuntary termination and
adoption shall be the following:
(a) A birth certificate or certificate of
registration of birth of the subject child which contains the child's name,
sex, date of birth and parents' names.
(1) Whenever a birth certificate has been
filed with the Clerk in a companion proceeding, reference to the companion case
term and number shall be sufficient.
(2) A notice of birth registration is not an
acceptable substitute for a certified copy of a birth certificate or a certification
of registration of birth.
(b) When required by the Court, certified
copies of marriage licenses regarding the biological parent or parents of the
subject child and the proposed adoptive parents, as proof of the following:
(1) The marital status of the biological
mother at the birth of the subject child and for one year prior thereto.
(2) The marriage of the proposed adoptive
parents to each other.
Rule 15.2.1. Voluntary Relinquishment to Agency.
(a) Petition.
A
Petition under Section 2501 of the Adoption Act to relinquish parental rights
and duties with respect to a child who has been in the care of an Agency shall
be in a form approved by the court, and shall include the following
allegations:
(1) The name, address, age, racial background
and religious affiliation of each petitioner.
(2) The information required in subparagraph
(1) as to any parent who is not a petitioner, or the reason why such
information is unavailable.
(3) The marital status of the mother as of the
time of the birth of the child and during one year prior thereto, and, if the
mother was married, the name of her husband or husbands, and her maiden name.
(4) The name, age, date of birth, racial
background, sex and religious affiliation of the child.
(5) The name and address of the Agency having
care of the child.
(6) The date when the child was placed with
the Agency and the circumstances surrounding the placement.
(7) When the child's parents are not married
to each other, whether they intend to marry each other.
(8) The reason for seeking relinquishment.
(9) That each petitioner understands the
petition, has considered the alternatives, and has executed the petition
voluntarily to promote what the petitioner believes to be in the petitioner's
and the child's best interests.
(10) Whether either natural parent of the child
is entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of
1940, as amended (50 U.S.C.A. §501, et. seq.).
(b) Exhibits.
The
petition shall have attached to it the following exhibits, in addition to those
specified in Rule 15.1.2:
(1) The joinder of a parent who is not a
petitioner, if obtainable.
(2) If the other parent is deceased, a
certified copy of the death certificate.
(3) The joinder of the Agency having care of
the child and its consent to accept custody of the child until such time as the
child is adopted. The joinder of the Agency shall be executed and acknowledged
by an official authorized to do so, and proof of such authority shall be kept
on file with the court (see Rule 15.8.1, infra.).
(4)
A proposed decree in a form approved
by the court.
(c) Disposition of Petition.
(1) The petition shall be filed with the Clerk,
who shall place the matter on the next available hearing list, unless otherwise
directed by the court.
(2) Absent exceptional circumstances, or
unless the other parent is deceased, the court will not entertain a petition by
one parent where the rights of the other parent have not been previously
terminated or cannot be terminated at the hearing.
(3) Information concerning any proposed
adoption of the child who is the subject of the petition shall be made
available to the court at the hearing.
(d) Notice and Hearing.
(1) If a parent has not relinquished his or
her rights and duties in and to the child, or joined in the other parent's
petition hereunder, then notice of the hearing, together with a copy of the
petition, shall be served upon the non-petitioning/non-joining parent.
(2) Unless excused by the court, at or prior
to the hearing, each petitioner and each person whose consent or joinder is
attached to the petition shall be examined under oath at the hearing.
Rule 15.3.1. Voluntary Relinquishment to Adult Intending to Adopt Child.
(a) Petition.
A
Petition under Section 2502 of the Adoption Act to relinquish parental rights
with respect to a child who has been in the exclusive care of an adult or
adults who have filed a report of Intention to Adopt shall be in a form
approved by the Court, and shall include the allegations required under
subparagraphs (1), (2), (3), (4), (7), (8), (9), and (10) of Rule 15.2.1.(a),
and
(1) The date when the Report of Intention to
Adopt was filed.
(2) The date when the child was placed with
the adult or adults and the circumstances surrounding the placement.
(b) Exhibits.
The
petition shall have attached to it the following exhibits, in addition to those
specified in Rule 15.1.2:
(1) The joinder of a parent who is not a
petitioner, if obtainable.
(2) If the other parent is deceased, a
certified copy of the death certificate.
(3) The separate consent of the adult or
adults to accept custody of the child.
(4) A proposed decree in a form approved by
the Court.
(c) Disposition of the Petition.
(1) The petition shall be filed with the
Clerk, who shall place the matter on the next available hearing list, unless
otherwise directed by the Court.
(2) Absent exceptional circumstances, or
unless the other parent is deceased, the Court will not entertain a petition by
one parent where the rights of the other parent have not been previously
terminated or cannot be terminated at the hearing.
(3) Absent exceptional circumstances, a
petition for voluntary relinquishment to an adult intending to adopt will not
be entertained by the Court unless a petition for adoption under Section 2701
of the Adoption Act with respect to the subject child has also been filed.
(d) Notice and Hearing.
(1) If a parent has not relinquished his or
her right in the child or joined in the petition hereunder, then notice of the
hearing on a parent's petition to voluntarily relinquish rights, together with
a copy of the petition, shall be served upon such non-petitioning/non-joining parent.
(2) Each petitioner and each person whose
joinder or consent is attached to the petition shall be examined under oath at
the hearing unless excused by the court.
Rule 15.3.2. Alternative Procedure for Relinquishment.
(a) Petition to Confirm Consent.
A
petition under Section 2504(a) of the Adoption Act shall be in a form approved
by the court, and shall include the following allegations:
(1) The name, address and standing of the
petitioner or petitioners, and the date on which the report of intention to
adopt and/or the petition for adoption was filed.
(2) The name, age, address and current marital
status of the natural parent or parents.
(3) The name, sex, date of birth and the child
proposed to be adopted, and the date on which the child was placed with the
proposed adoptive parents.
(4) The date on which the petition or
petitions for voluntary relinquishment were filed.
(5) The date of the execution of the consent
or consents to the adoption by the natural parent or parents.
(6) That a period of forty (40) days has
elapsed since the execution of the consent to the adoption and that the
consenting parent has not filed or proceeded with a petition for voluntary
relinquishment of parental rights as provided for in Sections 2501 and 2502 of
the Adoption Act.
(7) Whether either natural parent of the child
is entitled to the benefits of the Soldiers and Sailors' Civil Relief Act of
1940, as amended (50 U.S.C.A. §501, et seq.).
(b) Exhibits to Petition to
Confirm Consent.
The
petition shall have attached to it the following exhibits, in addition to those
specified in Carbon Co. O.C.R. 15.1.2:
(1) The original consent of the natural parent
in the form prescribed by Section 2711(d)(l) and (2) of the Adoption Act.
(2) A proposed decree in a form approved by
the court.
(c) Petition for Termination of
Parental Rights of Non-Consenting Putative Father
A
petition under Section 2504(c) of the Adoption Act shall be in a form approved
by the court, and shall include the following allegations:
(1) The name, address and standing of the
petitioner or petitioners, and the dates on which the report of intention to
adopt and/or the petition for adoption was filed.
(2) The name, age, address and marital status
of the biological parents as of the birth of the child and during one year
prior thereto.
(3) The name, sex, date of birth of the
proposed adoptee and the date on which the child was placed with the proposed
adoptive parents.
(4) That the biological mother of the adoptee
was unmarried at the child's birth.
(5) That the putative father has refused to
execute a written consent to the adoption of the proposed adoptee and has not
filed an acknowledgment of paternity.
(6) Whether the putative father is entitled to
the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended
(50 U.S.C.A. §501, et seq.).
(d) Exhibits to Petition for Termination
of Parental Rights of Non-Consenting Putative Father
The
petition shall have attached to it the following exhibits, in addition to those
specified in Carbon Co. O.C.R. 15.1.2:
(1) A birth certificate of the proposed
adoptee which indicates that no acknowledgment or claim of paternity has been
filed.
(2) A proposed decree in a form approved by
the Court.
(e) Disposition of Petitions Under Section
2504.
(1) The petition shall be filed with the Clerk,
who shall place the matter on the next available hearing list, unless otherwise
directed by the court.
(2) Absent exceptional circumstances, the
Court will not entertain a petition to confirm the consent of only one
biological parent, unless the other parent is the petitioner or the spouse of a
petitioner in an adoption pending in this court; or the other parent is a
putative father who (i) has refused to executive a consent, and has not filed
an acknowledgment of paternity, or (ii) is deceased.
(3) Absent exceptional circumstances, a
petition to confirm consent will not be entertained by the court unless
petition for adoption under Section 2701 of the Adoption Act has been filed
with this court.
(f)
Notice and Hearing.
(1) Notice of the hearing on the petition to
confirm consent, in the form prescribed by Section 2513(b) of the Adoption Act,
together with a copy of the petition omitting all references to the proposed
adoptive parents, shall be served upon the natural parent or parents whose consent
is sought to be confirmed, the other parent, a putative father whose rights are
sought to be terminated, and to the parents or guardian of a consenting parent
who has not reached 18 years of age.
(2) Each
petitioner shall be examined under oath at the hearing.
Rule 15.4.1. Involuntary Termination of Parental Rights.
(a) Petition.
A
petition for involuntary termination of parental rights under sections 2511 and
2512 of the Adoption Act shall be in the form set forth in Carbon Co. O.C.R.
15.4.2.
(b)
Exhibits.
The
petition shall have attached to it the following exhibits, in addition to those
specified in Carbon Co. O.C.R. 15.1.2:
(1) The joinder of the agency having care of
the child and its consent to accept custody of the child until such time as the
child is adopted. The joinder shall satisfy the requirements of Carbon Co.
O.C.R. 15.2.1(b)(3).
(2) A proposed decree nisi in the form set
forth in Carbon Co. O.C.R. 15.4.3.
(c) Disposition of Petition.
(1) The petition shall be filed with the Clerk
and a copy thereof shall be served upon the respondent. This shall be in
addition to the notice of hearing required by Rule 15.4.1(e).
(2) At the time when the petition is filed
with the Clerk, the matter shall be placed on the next available hearing list
by the Clerk. However, the matter shall
not be heard before the time for filing responsive pleadings has elapsed (O.C.
Rule 3.2.2). Notice thereof shall be given as required by Carbon Co. O.C.R.
15.4.1(e).
(3) Absent exceptional circumstances, or
unless the other parent is deceased, the court will not entertain a petition
for involuntary termination of parental rights filed by an agency or an adult
intending to adopt where the parental rights of the other parent have not been
previously terminated, or cannot be terminated at the hearing.
(4) If the court is satisfied that, after
reasonable investigation, the identity of a natural parent is unknown, no
notice under this Rule will be necessary with respect to such parent.
(5) To establish a "reasonable
investigation" a "Petition for Leave to Forego Involuntary
Termination Proceedings Regarding the Unknown Parent of (name of child)"
shall be presented to the Motions Judge and shall contain the following allegations:
(i) the
circumstances surrounding the conception of the child including the approximate
date and location;
(ii) all
of the information regarding the unknown parent that is known by the other
natural parent or petitioner; and
(iii) the
efforts made by the identified natural parent or petitioner, by anyone acting
on behalf of the identified parent, by petitioning adoptive parents and/or
anyone acting on their behalf, to attempt to identify, locate, or contact the
unknown natural parent based on the information provided in subsections (i) and
(ii) above; or
(iv)
the reasons why any of the
above information cannot be provided.
(6) if a natural parent is not the petitioner
there shall be attached to the petition as an exhibit:
(i)
the consent and joinder of the identified natural parent;
(ii) a
certified copy of the death certificate of the identified natural parent; or
(iii) the affidavit of the identified natural parent that the allegations
in the petition are true and correct and that the identity and whereabouts of
the other natural parent are unknown to the affiant.
(7) If
the requirements of subparagraph (6) above cannot be satisfied, the petition
shall contain an allegation explaining the reasons therefor.
(d) Representation for Minors.
(1) Counsel.
When a petition for involuntary termination is
being contested by one or both parents, counsel for the petitioners shall file with
the petition or present, to the Motions Judge, prior to the scheduled hearing,
a motion for the appointment of counsel to represent the minor child or
children, together with a proposed order in a form approved by the court.
(2) Guardian Ad Litem.
When
the termination of the parental rights of a minor parent is sought, the court,
if it finds that the minor parent is not adequately represented, may appoint a
guardian ad litem to represent the interests of the minor parent.
(e)
Notice and Hearing.
(1) Notice
of the hearing on the petition for involuntary termination of parental rights,
in the form and manner prescribed by Section 2513 of the Adoption Act, shall be
served upon the following persons:
(i) the parent or parents whose rights are sought
to be terminated; and
(ii) the
parent or parents and the guardian ad litem, if any, of a natural parent who is
under the age of 18 years.
(2) Each
petitioner shall be examined under oath at the hearing unless excused by the
court.
(3) The
notice of hearing required in this Rule shall be in addition to the requirement
of service of the petition in accordance with Carbon Co. O.C..R. 15.4.1(c)(1).
(f) Decrees of Termination of
Parental Rights; Form.
When a petition for involuntary termination of
parental rights is uncontested by the respondent, the court, after hearing,
shall issue an order setting forth its findings regarding the grounds for
involuntary termination of parental rights and either granting or denying the
termination. All such decrees of termination of parental rights in uncontested
matters shall be final orders.
Rule 15.4.2. Form of Petition for Involuntary Termination.
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS’
COURT DIVISION
IMPORTANT
NOTICE
PETITION
FOR INVOLUNTARY TERMINATION
OF
PARENTAL RIGHTS
IN
RE: No.
To: ,
the
parents of
A petition has
been filed asking the Court to put an end to all rights you have to your child [insert
name of child]. A copy of the petition is attached.
The Court has set a hearing to
consider ending your rights to your child. That hearing will be held in
Courtroom No. in the Carbon County Courthouse, at Jim
Thorpe, Pennsylvania, on , , at o'clock .m.
RIGHTS
TO YOUR CHILD(REN) - You are warned that even if you fail to appear at the
scheduled hearing, the hearing will go on without you and your rights to your child(ren)
may be ended by the Court without your being present, which means that you will
lose all rights to custody, visitation, communication with your child(ren). If
termination is granted you will receive no notice of future legal proceedings
concerning your child(ren).
LEGAL
REPRESENTATION - You have a right to be represented at the hearing by a
lawyer. You should take this paper to
your lawyer at once. If you do not have
a lawyer, go to or telephone the office set forth below to find out where you
can get legal help.
LEGAL
SERVICES OF NORTHEASTERN PENNSYLVANIA, INC.
122 Iron Street
Lehighton,
PA 18235
(610)
377-5400
If
you have contacted Legal Services and still have not been able to obtain a lawyer,
you can still appear at the hearing to request the appointment of a lawyer. If
you are indigent, the Court will appoint a lawyer to represent you.
RIGHTS
IF YOU ARE INCARCERATED - If you cannot attend the hearing because you are or
will be in jail, and want a lawyer, or want to appear at the hearing, you must
write within ten (10) days of the receipt of this notice to:
PRESIDENT JUDGE
CARBON COUNTY
COURTHOUSE
JIM THORPE, PA
18229
Name
of Attorney:
Address:
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS’
COURT DIVISION
IN
RE: ADOPTION OF : No.
PETITION
FOR INVOLUNTARY TERMINATION
OF
PARENTAL RIGHTS
(Section
2512 of the Adoption Act)
AND NOW, this day of ,
, comes the
Petitioner(s), and sets forth the following facts:
1.
Names of Petitioner(s)
2.
Describe the relationship of the
Petitioner(s) to the child:
3. Regarding
the child(ren), provide the following information:
Religious
Name Age DOB Race
Sex Affiliation
4. Regarding
the parent(s) who are the subject of the Petition, provide the following:
Religious
Name Age DOB Race
Sex Affiliation
5. Was the
mother married at any time during one year prior to the birth of the
child(ren)?
Yes No
If yes, provide the name
of each husband and mother’s maiden name:
6. The Petitioner(s) is authorized to seek termination
pursuant to Section 2512 of the Adoption Act on the basis that the
petitioner(s) is/are (check the applicable status):
a parent who seeks termination with respect to the other parent;
an agency;
an individual having custody or standing in
loco parentis to the child, who has filed a report of intention to adopt
under Section 2531 of the Adoption Act;
an attorney representing a child or a
guardian ad litem representing a child who has been adjudicated dependent under
42 Pa.C.S. § 6431(c) (relating to adjudication).
7. The grounds for termination of parental
rights upon which the petitioner(s) rely are: (check applicable grounds)
the parent by conduct continuing for a
period of at least (6) months
immediately preceding the filing of the petition either has evidenced settled
purpose of relinquishing parental claim to a child or has refused or failed to
perform parental duties;
the repeated and continued incapacity,
abuse, neglect or refusal of the parent has caused the child to be without
essential parental care, control or subsistence necessary for his physical or
mental well-being and the conditions and causes of the incapacity, abuse,
neglect or refusal cannot or will not be remedied by the parent;
the parent is the presumptive but not the
natural father of the child;
the child is in the custody of an agency,
having been found under such circumstances that the identity or whereabouts
of the parent is unknown and cannot be
ascertained by diligent search and the
parent does not claim the child within three months after the child is found;
the
child has been removed from the care of the parent by the Court or under a
voluntary agreement with an agency for a period of at least six months, the conditions
which led to the removal or placement of the child continue to exist, the
parent cannot or will not remedy those conditions within a reasonable period of
time, the services or assistance
reasonably available to the parent are not likely to remedy the conditions, which led to
the removal or placement of the child within a
reasonable period of time and termination of the parental rights would best serve the
needs and welfare of the child;
in
the case of a newborn child, the parent knows or has reason to know of the
child’s birth, does not reside with the child, has not married the child’s
other parent, has failed for a period of four months immediately preceding the
filing of the petition to make reasonable efforts to maintain substantial and
continuing contact with the child and has failed during the same four month
period to provide substantial financial support for the child;
the parent is the father of a child who was
conceived as a result of a rape;
the child has been removed from the care of
the parent by the Court or under a voluntary agreement with an agency, twelve
(12) months or more have elapsed from the date of removal or placement, the
conditions which led to the removal or placement of the child continue to exist
and termination of parental rights would best serve the needs and welfare of
the child.
8. The facts which support each of the grounds
checked above, and which establish that termination of parental rights would be
in the best interests of the child, are set forth as follows (provide a
statement of the facts underlying your petition, or a report from Children and
Youth Services.)
9. If
the petitioners) is not an agency, has a Petition for Adoption been filed or is
adoption presently contemplated?
Yes
No
Is/are the child(ren) placed in the care of the petitioners?
Yes No
If yes, give the date of placement:
10. The petitioner(s) will assume custody of the
child(ren) if this petition is granted.
11. If the father of the child(ren) has not been
identified, has a claim of paternity been filed?
Yes
No
12.
Is either parent entitled to
benefits under the Soldiers’ and Sailors’ Civil Relief Act (50 U.S.C.A. §501,
et seq)?
Yes No
13.
The following exhibits are
attached:
birth certificate(s) of child(ren)
consent of parent for petitioner under age
eighteen (18)
statement of facts or report from Children and
Youth Services
WHEREFORE, the Petitioner(s)
request(s) that a hearing be scheduled and a rule to show cause issued to the
respondent(s) directing them to appear before the Court at a day and time
scheduled.
Attorney
for Petitioner
VERIFICATION:
I,(We) verify
that the statements made in this Petition are true and correct. I understand that statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification
to authorities.
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS'
COURT DIVISION
AFFIDAVIT
OF SEARCH
(To
be filed if parents' whereabouts are unknown)
IN
RE: Adoption of : No.
I hereby certify that I have made the
following efforts to locate the parent(s):
1. Searched file for addresses (Children and
Youth Services).
2. Contacted or searched (check those that are
applicable):
Known relatives and friends
Phone Book
Post Office
Prisons, State and Local
Clerk of Courts
CHRI
3. Publication
I verify that the statements herein are
true and correct and subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Rule 15.4.3. Form of Decree Nisi and Final Decree
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS'
COURT DIVISION
IN
RE: Adoption of : No.
: Docket Page
: Filing Fee
(Adoptee's
name as on birth certificate)
Attorney
DECREE
NISI
(Involuntary Termination of Parental Rights)
AND, NOW, this day
of , , after review of the
record and after an evidentiary hearing following due notice, the Court makes
the following findings and judicial determinations:
1. Petitioner(s)
has/have established a legal basis for terminating the parental rights of , hereinafter referred to as Respondent(s).
2. The following
subsection(s) of 23 Pa.C.S.A Section 2511 establish the basis for terminating
the parental rights of Respondent(s).
Check
the applicable subsections:
a.
The parent(s) by conduct continuing for a period of at least six months
immediately preceding the filing of the Petition either has evidenced a settled
purpose of relinquishing parental claim to a child or has refused or failed to
perform parental duties.
b.
The repeated and continued incapacity, abuse, neglect or refusal of the
parent(s) has caused the child to be without essential parental care, control
or subsistence necessary for his physical or mental well-being, and the
conditions and causes of the incapability, abuse, neglect or refusal cannot or
will not be remedied by the parent(s).
c. The parent is the presumptive
but not the natural father of the child.
d.
The child is in the custody of an agency, having been found under such circumstances
that the identity or whereabouts of the parent(s) is/are unknown and cannot be
ascertained by diligent search, and the parent(s) does/do not claim the child
within three months after the child is found.
e.
The child has been removed from the care of the parent(s) by the Court or under a voluntary agreement
with an agency for a period of at least six (6) months, the conditions which
led to the removal or placement of the child continue to exist, the parent(s)
cannot or will not remedy those conditions within a reasonable period of time,
the service or assistance reasonably
available to the parent(s) are not likely to remedy the condition which led to
the removal or placement of the child within a reasonable period of time and termination of the
parental rights would best serve the needs and welfare of the child.
f.
In the case of a newborn child, the
parent knows or has reason to know of the child's birth, does not reside with
the child, has not married the child's other parent, has failed for a period of
four months immediately preceding the filing of the Petition to make reasonable
efforts to maintain substantial and continuing contact with the child and has
failed during the same four-month period to provide substantial financial support
for the child.
g. The parent is the father of a child who was
conceived as a result of a rape.
3. The decision of the
Court is based on the following findings of fact:
4. It is hereby Ordered,
Adjudged and Decreed that the parental rights of the above-mentioned
Respondent(s) to adoptee are forever terminated.
5. The adoption of
ADOPTEE may continue without further notice to or consent of the
above-mentioned Respondent(s).
6. The custody of ADOPTEE is hereby
transferred to
a.
the adopting parent(s)
b.
an approved Agency and such Agency is hereby authorized to give consent to the
adoption of ADOPTEE.
7.
Unless exceptions are filed with
the Clerk of the Orphans' Court within ten (10) days after the entry of this
decree, the decree will be made final.
BY
THE COURT:
IN
THE COURT OF COMMON PLEAS OF CARBON COUNTY,
PENNSYLVANIA
ORPHANS’
COURT DIVISION
IN
RE: ADOPTION OF : No.
:
FINAL
DECREE
AND
NOW, this day of , ,
whereas a Decree Nisi was entered in the within matter, and [no exceptions
having been filed] or [exceptions having been filed thereto, and after hearing,
the said exceptions are hereby dismissed], it is hereby ORDERED and DECREED
that a final decree be entered and that all parental rights and duties of are terminated forever. The adoption of the
said child may be decreed without further consent of or notice to the aforesaid
parent.
In
accordance with 23 Pa.C.S.A. §2905(d), said parent is advised of the continuing
right to place and update personal and medical history information, whether or
not the medical condition is in existence or discoverable at this time, on file
with the Court and with the Department of Welfare.
BY
THE COURT:
THE
COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
ORPHANS’
COURT DIVISION
IN
RE: ADOPTION OF : No.
:
NOTICE
OF RIGHT OF APPEAL
A Final Decree has been entered in the above-captioned matter,
permanently terminating your parental rights and obligations with regard to the
following child or children:
The adoption of said child or children may proceed
without your further consent or notice.
You are hereby advised of your right to take an appeal
from the Final Decree. Pursuant to
Pa.R.A.P. 903, notice of appeal must be filed within thirty (30) days after the
entry of the Final Decree.
A petition for
adoption under Section 401 of the Adoption Act shall require the payment of
twenty-five $25.00 dollars upon the filing of the Petition to cover the cost of
the transcript for preservation of the record.
Effective April 17, 2001
(c) Investigation
Intra-Family Adoptions. If no Report of Intention to Adopt is
required by 23 Pa. C.S.A. § 2531,
prior to hearing on the Petition for Adoption, Petitioner shall obtain and file
with the Court with respect to each prospective adoptive parent and any
individual over 18 years of age residing in the home (excluding a biological
parent whose parental rights have not been previously terminated), the
information described and identified in 23 Pa.C.S.A. §6344(b).
Effective March 1, 2012
Rule 15.8.1.
Registration with the Court of Authorized Persons.
Any agency licensed by the Department
of Public Welfare which proposes to accept custody of any child for purposes of
relinquishment or adoption under these Rules, shall file with the Clerk a copy
of the resolution, certified by the secretary of the agency, setting forth the
names and titles of all persons authorized to act or testify on behalf of the
Agency in any proceeding before the court.
[Pa.B. Doc. No. . Filed for public
inspection
Effective
February 8, 2000