Lehigh Cnty. C.P. Rules 9

Rule 7.2-1. Judgment on the Pleadings. Brief.

All motions for judgment on the pleadings shall be accompanied by a brief in

support thereof.

CHAPTER VIII

RECONSIDERATION

[RESERVED]

CHAPTER IX

AUDITORS AND MASTERS

Rule 9.1-1. Notice of Hearings. Method. Parties.

(a) An auditor or master shall give written notice of his appointment and of the

time and place of his first hearing to all interested parties or their counsel of record.

(b) Notice of succeeding hearings given by the auditor or master at a hearing of

which proper notice has been given shall constitute sufficient notice of such succeeding

hearings.

Rule 9.6-1. Service of Report.

An auditor or master shall serve, in the same manner as provided for notice under

Pa. O.C. Rule 4.3, all interested parties or their counsel of record with a time-stamped copy

of his report and shall file proof of such service with the Clerk.

Rule 9.7-1. Objections to Report of Auditor or Master.

Objections, if any, to the report of an auditor or master shall be filed within twenty

(20) days of the filing of said report in accordance with Pa. O.C. Rule 2.7.

CHAPTER X

PRACTICE BEFORE THE REGISTER OF

WILLS

Rule 10.1-1. Supporting Documentation.

In addition to the payment of the published filing fee, the following may be

required:

(a) Photo identification of persons applying for appointment as personal

representative;

(b) An original death certificate or satisfactory substitute;

(c) Original will/testamentary writing; and

(d) Affidavit of Relationship.

Rule 10.4-1. Certification of Record. Petition.

(a) A petition to certify the record to the Orphans’ Court Pursuant to 20 Pa.C.S.A.

§ 907 shall include the following information:

(1) The name, address and interest and/or standing of each petitioner;

(2) The nature of the proceeding before the Register and its procedural

posture;

(3) The reason of the request to certify the record to the Orphans Court;

(4) The names of those parties who oppose the certification, if any, and the

names of those parties who join the request for certification; and

(5) A prayer for relief.

Rule 10.4-2. Appeals from Register. Time for Filing Petition. Contents.

(a) A petition for citation to show cause why an appeal from the Register should

not be sustained shall be filed with the Clerk within 30 days after the filing of a Notice of

Appeal with the Register of Wills.

(b) A petition for citation to show cause why an appeal from the Register should

not be sustained shall include the following:

(1) A description of the decree of the Register from which the appeal is

taken, including the date thereof;

(2) The date on which a Notice of Appeal was filed with the Register, and if

a bond was required, the amount thereof, the date on which it was

filed and the name of the surety, if any;

(3) The name, address and interest/standing of each petitioner;

(4) The factual and legal basis for the appeal;

(5) The names and addresses of all interested parties, whether they are sui

juris, and if not, the names and addresses of their duly appointed legal

representatives together with the date and place of said fiduciary’s

appointment; and

(6) The names of any interested parties whose Consents and Joinders are

attached and the names of those whose Consents and Joinders are not

attached and the nature of such non-consenting party’s interest.

(c) Exhibits.

(1) A copy of the will, codicil or other instrument relied upon as the basis

for the appeal and a copy of the probated instrument, if any;

(2) A time-stamped copy of the Notice of Appeal; and

(3) Consents and Joinders.

CHAPTER XI

[RESERVED]

CHAPTER XII

[RESERVED]

CHAPTER XIII

[RESERVED]

CHAPTER XIV

ADULT INCAPACITY PROCEEDINGS

[RESERVED]

APPENDIX

To Leh. O. C Rules

Leh. O.C. Rule 3.5-1

APPENDIX A

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: : .

: File No.

:

RULE TO SHOW CAUSE

NOW, this day of, ,

IT IS ORDERED that a Rule hereby, issued upon

, to show cause why the prayer of the annexed (insert title

of petition or motion and the name of the filing party)

should not be granted.

Notice is hereby given that, if you are opposed to the granting of the prayer of

the annexed petition or motion, you must file a written answer or other responsive

pleading with the Clerk of the Orphans’ Court Division of Lehigh County,

Pennsylvania at the Lehigh County Courthouse, 455 West Hamilton Street,

Allentown, Pennsylvania, on or before the return date set forth below.

IF YOU FAIL TO FILE A TIMELY WRITTEN ANSWER OR OTHER

RESPONSIVE PLEADING, THE AVERMENTS OF FACT SET FORTH IN THE

ANNEXED PETITION OR MOTION SHALL BE DEEMED ADMITTED AND

THE COURT sua sponte, OR AT THE REQUEST OF THE MOVING PARTY,

MAY ENTER AN ORDER GRANTING THE PRAYER THEREOF WITHOUT

FURTHER NOTICE TO YOU.

Return Date:

BY THE COURT:

J.

Leh. O.C. Rule 3.5-2

APPENDIX B

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY,

PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: : .

: File No.

:

:

PRAECIPE

TO THE HONORABLE JUDGES OF THE SAID COURT:

This is to certify:

1. That all respondents have been served with the following petition or motion:

.

2. That an affidavit of service has been filed or is attached.

3. That

no timely response has been filed.

And/Or

the pleadings are closed.

Therefore, the undersigned requests that the Court proceed on the motion or petition.

Date:

Counsel for

Leh. O.C. Rule 5.6-1(b)

APPENDIX C

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

PETITION FOR AUTHORIZATION TO RECEIVE DEATH BENEFIT/LIFE

INSURANCE PROCEEDS PAYABLE TO A MINOR BENEFICIARY AND TO

ESTABLISH A RESTRICTED ACCOUNT DURING MINORITY OF BENEFICIARY

IN LIEU OF APPOINTMENT OF A GUARDIAN OF THE ESTATE OF THE MINOR

To the Honorable, the Presiding Judge of the Orphans’ Court Division:

The petition of, parent and natural guardian/ legal

custodian of, a minor, respectfully states:

1. Your petitioner is an adult individual who currently resides at

.

2. was born on, is currently

years of age and resides at with

. A certified copy of the minor's

birth certificate that includes the names of his/her parents is attached as Exhibit A to this

petition. (state the minor’s name, date of birth, current address and the name of the adult

with whom the minor is living and that person’s relationship to the minor. The minor's

birth certificate that includes the names of the parents must be attached to the petition)

3. The minor is the child of and

. (provide name of the other parent and his or her current address if living, and the date

and place of death if deceased). By order dated, , your petitioner was

awarded ( ) legal ( )physical ( )legal and physical custody of said minor. (attach a

copy of the custody order as an exhibit)

4. The minor is a beneficiary of death benefit

payable by

by reason

of the death of, a resident of County,

who was the of the minor. The amount of the death benefit payable to

the minor is. (state the name of the company/organization

paying the death benefit or life insurance proceeds, including the policy number, if

available, the approximate amount so payable to the minor, the name and date of death of

the insured and his or her relationship to the minor)

5. Upon receipt of the death benefit payable to the minor, your petitioner will

deposit the funds in an interest-bearing savings account, money-market account, or

certificate of deposit at,

entitled in the minor’s name alone, which account shall be completely restricted during

the minority of. (State the name of the bank

and the mailing address of the branch in which you intend to deposit the minor’s proceeds

to a restricted interest-bearing account)

6. Your petitioner will file proof of the establishment of the restricted account,

in the form satisfactory to the Court, within 10 days of the receipt of the death benefit

payable to the minor.

WHEREFORE, your petitioner, , parent and natural

guardian/legal custodian of the minor beneficiary, prays this Honorable Court to authorize

him/her to receive the death benefit payable to the minor child, , without the

appointment of a guardian of the estate, and to direct that s/he immediately deposit the

proceeds to an interest-bearing bank account in the name of the minor child, access to

which will be restricted during the minority of the beneficiary.

Date:

(Signature of the petitioner)

VERIFICaTION

I, , Petitioner, verify that the facts

stated in the foregoing Petition for Authorization to Receive Death Benefit/Life Insurance

Proceeds Payable to a Minor and to Establish a Restricted Account during Beneficiary’s

Minority and the Parental Consent attached thereto, are true and correct to the best of my

knowledge, information and belief. Petitioner understands that false statements therein are

subject to the penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to

authorities.

Date:

(Signature of the petitioner)

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

:

Parental Consent to Establish Restricted Interest-Bearing Bank Account Upon

Receipt of Death Benefit/Life Insurance Payable to Minor

I am the mother/father and natural guardian of the

minor beneficiary of a death benefit payable by by

reason of the death of, on.

I consent and agree to immediately deposit the proceeds so payable to my minor

child, to an interest-bearing account at,

.

I understand that:

• the bank account is to be entitled in the name of my minor child alone;

• that I must give a copy of the Court Order authorizing me to receive these

proceeds on my minor child’s behalf and directing me to deposit them in an

interest-bearing account during his/her minority to the bank official when I

open the restricted bank account;

• that I must have the bank official who opened the restricted account for my

minor child fill out the form entitled, “Affidavit of Deposit of Minor’s Funds”

that will be supplied to me by the Clerk of the Orphans’ Court Division;

• that I must fill out the form entitled “Parent’s Certification of Compliance with

Court Order Directing Establishment of Minor’s Restricted Account” that will

be supplied to me by the Clerk of the Orphans’ Court Division

• that I must mail or deliver the completed “Affidavit of Deposit of Minor’s

Funds” and the completed “Parent’s Certification of Compliance with Court

Order Directing Establishment of Minor’s Restricted Account” to the Clerk of

the Orphans’ Court Division, Lehigh County Courthouse, 455 West Hamilton

Street Allentown, Pennsylvania, 18101-1614, within 10 days after I have

received the death benefit payable to my minor child.

• that no withdrawals will be permitted from the account during my child’s

minority unless approved by the Orphans’ Court of Lehigh County

Pennsylvania.

Date:

(Signature of Parent)

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: Estate of )

)

_, ) File No.

Deceased )

[, a minor] )

ORDER

NOW, this day of, , upon consideration of the Petition

for Authorization to Receive Death Benefit/Life Insurance Proceeds Payable to a Minor

Beneficiary and to Establish a Restricted Account During Minority of Beneficiary In Lieu of

Appointment of a Guardian of the Estate of the Minor;

IT IS ORDERED that:

1. (name of proposed recipient and relationship to minor) of (minor’s name), a minor, be

and is authorized and directed to receive, in care of (name of petitioner’s counsel ),

Esquire, the proceeds payable under the terms of the policy issued by (name of

insurance company) on the life of (name of decedent), deceased, without the

appointment of a guardian of the minor’s estate or the entry of security; and,

2. (name of parent), be, and is, authorized and directed to execute, on behalf of (minor’s

name), a minor, any receipt or other appropriate instrument necessary to receive the

proceeds payable under the terms of the policy issued by (name of insurance company

and policy number) on the life of (name of decedent), deceased;

3. (attorney’s name ), Esquire, counsel for (petitioner’s name), is authorized to retain from

the proceeds the sum of $ as compensation for legal services rendered to the

minor in connection with this petition and is directed to deposit immediately the

balance of the proceeds payable to (minor’s name), a minor, under the terms of the

policy issued by (name of insurance company), on the life of (decedent’s name) in an

interest-bearing savings account, money-market account or certificate of deposit at

(Bank/Savings & Loan/Credit Union - include branch and address) a federally insured

depository, titled “ , a minor” subject to the express restriction

which shall be noted upon the record of the depository and on the passbook or

certificate that without further Order of this Court, no withdrawals shall be made until

the minor reaches the age of eighteen (18) years, which event will occur on (date of

minor’s eighteenth birthday ), at which time the depository shall, upon order of the

former minor and without the necessity of an accounting or further order of this Court,

pay the funds then on deposit in this account to the former minor.

IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order, (name

of counsel to petitioner), Esquire, shall file with the Clerk of the Orphans’ Court Division, a sworn

acknowledgment by an authorized official of the depository, that the balance of the money as

herewith allotted to the minor has been deposited in a form of savings investment entitled in the

minor’s name alone, subject to the restrictions on withdrawals hereinbefore imposed, and that said

restrictions and the Orphans’ Court file number, have been noted on the bank’s records and in the

passbook or on the certificate as directed; an Attorney’s Certificate of Compliance with Order

Directing Deposit of Minor’s Funds, and a Parent’s/Legal Custodian’s Certificate of Compliance

with Order Directing Establishment of Restricted Account for Minor.

IT IS FURTHER ORDERED that this Order shall constitute sufficient authority to (name

of insurance company) to pay to (name of proposed recipient), in care of (counsel’s name),

Esquire, all proceeds payable to (minor’s name), a minor, under the terms of the policy issued by

it on the life of (decedent’s name), deceased.

BY THE COURT:

, Judge

Leh. O. C. Rule 5.6-2(b)

APPENDIX D

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

PETITION FOR ACCESS TO FUNDS ON DEPOSIT FOR MINOR

(under the age of 14) IN RESTRICTED ACCOUNT ESTABLISHED PURSUANT TO

COURT ORDER

To the Honorable, the Presiding Judge of the Orphans’ Court Division:

The petition of, Mother/Father of a minor under the

age of 14 respectfully states:

1. Your petitioner is an adult individual residing at

and is

the Mother/Father of, a minor under the age of 14 years.

2. was born on and is currently

years of age and

resides at

with

. (state the minor’s name,

date of birth, current address and the name of the adult with whom the minor is living and that

person’s relationship to the minor)

3. The name of the other parent of the minor is

who currently resides at

(provide

names and addresses of a parent who is not the petitioner; if the other parent is deceased, state

date of death; if the current whereabouts of the other parent are unknown, so state and indicate

the last time that parent had any contact with the minor)

3. By Court Order dated a restricted account was established

for the petitioner’s minor son/daughter at bank. The approximate

amount of the initial deposit was. The approximate amount of the current balance

is.

4. Access to the restricted account is requested because:

(State the reasons why you want to use these funds and indicate how much money you are

requesting be released. Attach to this petition as much documentation that you have regarding

the expense for which you are seeking funds from the restricted account, e.g. tuition bill; cost

estimate; invoice, etc.)

.

5. The petitioner and the other parent of the minor petitioner are unable to pay for the

item/course described above.

6. The written consent of the minor’s other parent, is

attached to this petition.

OR

The consent of the minor’s other parent is not attached because:

.

WHEREFORE, your petitioner, , mother/father

of the minor under the age of fourteen years prays this Honorable Court to authorize him/her to

withdraw $ from his/her minor child’s restricted account at

Bank which was established by Order of Court

dated.

Date:

(Signature of the petitioning parent)

VERIFICATION

I, petitioner, verify that the facts stated in

the foregoing Petition for Access to Funds on Deposit for Minor (under the age of 14) in Restricted

Account Established Pursuant to Court Order are true and correct to the best of my knowledge,

information and belief. Petitioner understands that false statements therein are subject to the

penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to authorities.

Date:

(Signature of the petitioner)

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

:

Parental Consent to Access to Funds on Deposit for Minor (under the age of 14) in

Restricted Account Established Pursuant to Court Order

I am the mother/father of

, a minor under the age of fourteen years, I consent

to the authorization to withdraw to be used for

I am unable to afford this expense.

Date:

(Signature of Parent)

Leh. O.C. Rule 5.6-2(b)

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

PETITION FOR ACCESS TO FUNDS ON DEPOSIT FOR MINOR

(age 14 or older) IN RESTRICTED ACCOUNT ESTABLISHED PURSUANT TO COURT

ORDER

To the Honorable, the Presiding Judge of the Orphans’ Court Division:

The petition of, a minor age 14 or older,

respectfully states:

1. was born on and is currently

years of age and resides at

with

. (state the minor’s name,

date of birth, current address and the name of the adult with whom the minor is living and that

person’s relationship to the minor)

2. The minor is the son/daughter of and

who currently reside at

(provide

names and addresses of both parents; if the other parent is deceased, state date of death and give

address of surviving parent; if the current whereabouts of a parent are unknown, so state and

indicate the last time that parent had any contact with the minor)

3. By Court Order dated a restricted account was established

for the petitioner’s minor son/daughter at bank. The approximate

amount of the initial deposit was. The approximate amount of the current balance

is.

4. Access to the restricted account is requested because:

(State the reasons why you want to use these funds and indicate how much money you are

requesting be released. Attach to this petition as much documentation that you have regarding

the expense for which you are seeking funds from the restricted account, e.g. tuition bill; cost

estimate; invoice, etc.)

.

5. The parent[s] of the minor petitioner is/are unable to pay for the item/course

described above.

6. The written consent of the minor’s Mother, and/or

Father, _ is/are attached to this petition.

OR

The consent[s] of the minor’s parent[s] is/are not attached because:

.

WHEREFORE, your petitioner, , the minor age

14 or older, prays this Honorable Court to authorize him/her to withdraw $_

from his/her restricted account at Bank which was

established by Order of Court dated.

Date:

(Signature of the minor petitioner)

Verification

I, petitioner, verify that the facts stated in

the foregoing Petition for Access to Funds on Deposit for Minor (age 14 or older) in Restricted

Account Established Pursuant to Court Order are true and correct to the best of my knowledge,

information and belief. Petitioner understands that false statements therein are subject to the

penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to authorities.

Date:

(Signature of the petitioner)

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISION

In re: :

A Minor: File No.

:

:

I/We am/are the

mother/father of, a minor, age 14 or older, I/we consent to

the authorization to withdraw to be used for

.

I/we am/are unable to afford this expense.

Date:

(Signature of Parent)

Date:

(Signature of Parent)