Chester Cnty. C.P. Court of Common Pleas Orphan's Court Rules 5

Pennsylvania Orphans’ Court Rules.

Rule L2.9.(d) Distribution of Real Estate.

(1) Schedules of distribution shall include separate awards of real estate to the parties entitled

thereto, whether individually, or, where the circumstances require, in undivided interests.

For any disputed matters, all attorneys and parties are required to comply with Rule L1.6.

The real estate so awarded shall be identified by reference to the adjudication in the same

detail and with the same particularity as is commonly required to be included in deeds and

shall recite how the title was acquired by decedent. A copy of the last recorded deed(s),

certified by the Recorder of Deeds, shall also be included.

(2) When partition or allotment of real estate is requested by the accountant or an interested

party, the request shall be made prior to or at the audit. The Court may include in any order

granting such a request, a direction to submit an information certificate issued by an

attorney or a responsible title insurance company showing the current state of the title,

provisions for owelty, if any, the preparation of a schedule of distribution, notice to the

parties, and fixing the dates of further hearings, as may be necessary to protect all

interested parties.

(3) A certificate of award of real estate shall be prepared by the attorney for the accountant and

submitted to the Clerk for execution upon confirmation of the schedule of distribution.

Chapter III Petition Practice and Pleadings 4

Rule L3.6.(a) Pleadings Generally.

(1) Every petition, motion, answer, reply or other pleading/filing shall:

(i) Cite the Pennsylvania Orphans’ Court Rule, statue, case law or other legal authority

supporting the relief sought;

(ii) Be typewritten or printed; and

(iii) Be endorsed on the front upper left-hand corner with the name, address, zip code,

telephone number, facsimile number, email address, and identification number of the

individual attorney representing the party filing the pleading or of the party if proceeding

pro se.

(2) Parties shall not send courtesy copies of pleadings/filings to the Court without the specific

request of the Court for same.

Chapter IV Format and Service of Legal Paper by Parties and Court; Electronic Filing

Rule L4.2.(e) Citation or Notice by Publication.

The Chester County Law Reporter shall be the legal periodical for the publication of notices

whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania

For any disputed matters, all attorneys and parties are required to comply with Rule L1.6.

Rules of Civil Procedure, the Chester County Orphans’ Court Rules, order of Court, or

otherwise.

Rule L4.2.(f) Proof of Service of Citation or Notice.

(1) A certificate of service shall be filed setting forth each document served, the date of

service, and the manner of service (personal, registered or certified mail, or publication).

(i) If service is made by personal service, the certificate of service shall also set forth the

time of service, place of service, and that a true and correct copy of the written notice was

handed to the person served.

(ii) If service is made by registered or certified mail, the certificate of service shall state the

date and place of mailing and include as an attachment the return receipt or a photostatic

copy thereof. When the person who gives notice by registered or certified mail has

personal knowledge, or has cause to believe, that such notice was not received by the

person to be notified, the person giving notice shall so state on the certificate of service.

When the address of the person given notice by registered or certified mail is in a country

other than the United States of America, a statement that the notice was so mailed to that

person at the designated address shall be sufficient unless otherwise ordered.

Rule L4.3.(g) Publication of Legal Papers other than Citations or Notices.

The Chester County Law Reporter shall be the legal periodical for the publication of notices

whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania

Rules of Civil Procedure, the Chester County Orphans’ Court Rules, order of Court, or

otherwise.

Rule L4.3.(h) Proof of Service of Legal Paper other than Citation or Notice.

(1) A certificate of service shall be filed setting forth each document served, the date of

service, and the manner of service (personal, registered or certified mail, or publication).

(i) If service is made by personal service, the certificate of service shall also set forth the

time of service, place of service, and that a true and correct copy of the written notice was

handed to the person served.

(ii) If service is made by registered or certified mail, the certificate of service shall state the

date and place of mailing and include as an attachment the return receipt or a photostatic

copy thereof. When the person who gives notice by registered or certified mail has

personal knowledge, or has cause to believe, that such notice was not received by the

person to be notified, the person giving notice shall so state on the certificate of service.

When the address of the person given notice by registered or certified mail is in a country

other than the United States of America, a statement that the notice was so mailed to that

person at the designated address shall be sufficient unless otherwise ordered.

Rule L4.5.(c) Notices of Order, Decree, or Adjudication.

In any Orphans’ Court proceeding, the Clerk shall immediately give written notice by ordinary

mail, personal delivery, facsimile, or other electronic means of the entry of any order, decree, or

adjudication to each party’s attorney of record, or if unrepresented, to each party. Notice shall

include a copy of the order, decree, or adjudication unless a bond is required, then no copy is

provided until bond is posted. The Clerk shall note in the docket the mailing or type of delivery

of the required notice and documents.

Chapter V Rules Governing Specific Types of Petitions

Rule L5.6.(c) Appearance of Minor.

A minor, under 14 years of age, who is the subject of a petition shall be present at the hearing

unless excused by the Court.

Rule L5.6.(d) Bonds for Guardians of Minors.

Where the guardian is appointed for several minor children of the same parents, one bond may

be filed to cover the several estates.

Rule L5.6.(e) Use of Minor’s Funds During Minority.

When a petition is necessary for an allowance from a minor’s estate, the petition shall set forth

the:

(1) Manner and date of the guardian’s appointment, as well as the guardian’s qualifications;

(2) Age and residence of the minor, whether the minor’s parents are living, the name of the

person with whom the minor resides, the age of minor’s spouse and children, if any;

(3) Value of the minor’s estate, including real and personal property, and the minor’s gross and

net annual income;

(4) Circumstances of the minor, whether employed or attending school; if the minor’s

parent(s), or other person charged with the duty of supporting the minor, is living, the

financial condition and income of such person and why that person is not discharging his or

her duty to support the minor; and whether there is adequate provision for the support and

education of the minor, the minor’s spouse and children;

(5) Date and amount of any previous allowance by the Court; and