Tioga Cnty. C.P. Civil Rules of Court TC 14.1

The practice shall be by petition with citations attached to be served upon the

incompetent which shall state the date, time and place of hearing, which hearing shall be

not less than ten (10) days hence.

TC - 15.3 - 15.4

A proposed decree shall be prepared and presented to the Court in substantially

the form set forth below:

(CAPTION)

DECREE

AND NOW, this _____ day of _________, 20___, from the evidence presented at

the hearing held on _______ _____, 20___, on the Petition to (Confirm Consent) or

(Terminate Parental Rights), the court finds the averments of the petition are true, that the

requirements of the Adoption Act have been met, and that the interest and welfare of the

minor child, ___________ will be served if the petition is granted. As a result, the

parental rights of ____________, relative to the child, ____________ are hereby forever

terminated and further adoption proceedings concerning the child may go forward

without notice to, or consent from, ____________________.

_____________________, whose parental rights are terminated hereby (is/are) advised

that (he/she/they) continues to have the right, at anytime, to place and update personal

and medical history information on file with the Court, and with the Department of

Health and Public Welfare, pursuant to the provisions of the Adoption Act. Non-identifying medical history information placed on file may be disclosed to the adoptive

parents, or his or her or their physician, or, once the child attains the age of eighteen, to

the child’s physician. Other personal information placed on the file may be disclosed

upon the request of the child who has attained the age of eighteen, or, if the child is less

than eighteen, upon the request of the child’s adoptive parent or legal guardian.

BY THE COURT:

_____________________________

Robert E. Dalton, Jr., President Judge

TC - 15.5 - 15.8. Adoptions.

In the absence of a special Order of Court, there shall be no investigation of the

petition for adoption. The Court shall issue an Order to the Investigating Agency that it

must conclude its investigation and prepare and file its report not later than six (6)

months after notice of intention to adopt as provided in Section 335 of the Adoption Act.

At the conclusion of the hearing for adoption, the attorney for the petitioners shall

deliver to the Judge a form substantially in the manner indicated as follow:

(CAPTION)

FINDINGS OF FACT

1. The Petitioners are _________ and ___________, his wife who are adult

citizens of the County of Tioga and Commonwealth of Pennsylvania, and they reside at

_______________, Tioga County, Pennsylvania.

2. The husband was born at ____________ on _________________.

3. The wife was born at ______________ on __________________.

4. The wife’s maiden name was _____________________________.

5. The name of the adoptee is _______________________________.

6. The adoptee was born at ______________ on ________________.

7. The adoptee has resided with the husband, petitioner since ______,

and with the wife, petitioner since ____________________.

8. the facts with respect to parental relinquishment are as follows:____

___________________________________________________________________.

9. Notice of the hearing on the petition for adoption was given to all persons

entitled to notice.

10. It is to the best interest of the child to allow the adoption.

11. The Petitioners and the child are of the following race and faith: ______

______________________________________________________________________.

12. There has been compliance with all the provisions of the Adoption Act

(1 P.S. et seq).

(CAPTION)

DECREE

AND NOW, this _________ day of _________________, 20___, in

consideration of the Petition filed, after investigation made and testimony of the

witnesses heard,

IT IS ORDERED AND DECREED:

That the Welfare of the adoptee will be promoted by the adoption; that all

requirements of the Adoption Act have been met; that the adoptee shall have all the rights

of a child and heir of the Petitioners and shall be subject to the duties of a child of the

Petitioners; and that the child shall be known as __________________________.

(Full Name)

BY THE COURT,

____________________________________

PRESIDENT JUDGE

APPENDIX 1

SAMPLE FORM OF N O T I C E

IN THE MATTER OF: IN THE COURT OF COMMON PLEAS

THE ESTATE: OF TIOGA COUNTY, PENNSYLVANIA

OF: ORPHANS’ COURT DIVISION

DECEASED. : NO 20 _____

N O T I C E

TO (name and address of specific claimant or creditor):

OR

(all creditors, claimants or parties interested, including those with arguable

interests, in the estate of the above-named decedent):

Notice is hereby given that the account of ___________________ (name)

Executor (Administrator) of the estate of the above-named decedent, was filed in the

Office of the Register of Wills of Tioga County, (or Orphans’ Court Division of the Court

of Common Pleas) on _______________ (date), 20 _____, and that the same will be

called for audit before Robert E. Dalton, Jr., Judge of the Orphans’ Court Division of the

Court of Common Pleas of Tioga County, in the Courtroom, Tioga County Courthouse,

Wellsboro, Pennsylvania, at _______________ o’clock, on _______________ (Day of

week) ____________________, 20 ___, at which place and time you may appear, either

in person or by counsel.

Your claim in the amount of $___________ (or other interest, if not in a specific,

liquidated amount, is (not) admitted, and it will be so represented to the court at the audit.

(If not admitted: You will be expected to appear at the place and time indicated, and

prove your claim, and in default of such appearance and proof, your claim may be

dismissed by the Court for lack of prosecution).

A copy of the Account and Statement of Proposed Distribution is (enclosed),

(may be inspected in the office of ____________, counsel for the Accountant, at any time

prior to the audit), or (may be instead in the Office of the (register of Wills) (Clerk of the

Orphans’ Court) or (Judge of the Orphans’ Court Division of the Court of Common Pleas

before whom said account will be called for audit) at any time prior to the audit thereof).

Page 2 of NOTICE

For your further information, the said Account shows a balance for distribution of

$_________, which, if claim is admitted or proved at the audit, will (not) be sufficient to

pay same in full.

_____________________________

Counsel for the Accountant

(Executor or Administrator)

DATE: __________________, 20___.

NOTE: In addition to the general information set forth in the foregoing NOTICE,

the Accountant should set forth in his notice to heirs, legatees or other parties interested,

including persons with arguable interest in final distribution of decedent’s estate, the

following:

1. His interpretation or any dispute of fairly disputable question known to

him or reasonable ascertainable by him;

2. A true and correct copy of the instrument forming the basis of the dispute,

or of the material parts thereof containing the disputed provisions; and

3. A statement that if the person notified does not agree with the accountant’s

interpretation, he must appear at the audit, in person or by counsel, to present his

contention, under penalty for failure to appear that the Court may assume that he agrees

with the accountant’s interpretation.

4. A warning that if the person fails to appear, the Court may proceed to

determine said issues without him, without further notice, and that he may lose property,

money or other rights important to him.

APPENDIX II

IN THE MATTER OF: IN THE COURT OF COMMON PLEAS

THE ESTATE: OF TIOGA COUNTY, PENNSYLVANIA

OF: ORPHANS’ COURT DIVISION

DECEASED. : NO 20 _____

STATEMENT OF PROPOSED DISTRIBUTION

The statement of ______________________ (Fiduciary) respectfully represents:

1. The decedent, _________________, died testate (or intestate) on

_____________________, a resident of the _______________________ of

__________________, Tioga county, Pennsylvania.

2. Decedent’s Last Will and Testament, dated _________________, was

duly admitted to probate by the Register of Wills of Tioga County, Pennsylvania on

________________, 20___, and _______________________

was appointed Executor (or Letters of Administration were duly issued by the Register of

Wills of Tioga County, Pennsylvania on _______________, 20___, to

___________________.

3. The decedent, was survived by

(a) (State whether a husband or wife survived, and if so, his or her name and

residence; whether he or she has elected to take under or against the will, and, if so,

whether the election has been duly recorded and filed, and furnish a copy; and whether or

not the decedent left issue or adopted children, and their names and residences, when

material).

(b) The names and residences of all beneficiaries, their relationship to the

decedent, and the amount and nature, and character of their interest (noting such devises

and bequests as have been revoked, adeemed, lapsed, assigned or disclaimed) and the

supporting information relative thereto are as follows:

(In cases of partial intestacy, state the names and residences of the heirs and next

of kin, their relationship to the decedent, and, where applicable, the names of their

parents, thereby disclosing the relationships and interests derived therefrom).

________________________________________________________________________

________________________________________________________________________

Name and Residence Relationship Amount, Natural and Characteristic

if Interest

4. All of said parties in interest are living of full age, and sui juris except:

(State exceptions, if any, as to those parties in interest who are under legal

disability, specifying the reason therefore, and the names and residence of their guardians

or committees and how appointed (specifying the Court, term and number, where

applicable); the date of the deaths of any of the beneficiaries who are deceased, the names

and residences of their personal representatives, and the date and places of the grant of

their letter, or the names and residences of their issue, when material. If there no

exceptions, insert the work “none”).

5. All parties in interest, including unpaid creditors and claimants, and any

parties with arguable interests.

(a) Have had notice of the filing of the account, the statement of

proposed distribution and of the time and place of audit by:

(State method, date and exceptions, if any. In those instances, where notice has

been given, a copy of said notice as well as the names and addresses of the parties

notified, shall be appended to the statement of proposed distribution. In those instances

where notice is yet to be given, a copy of said notice, as well as the names and addresses

of the parties notified, shall be filed with the Court at the time and place of audit together

with a certificate of notice executed by counsel). (Strike out subsection (1) or (2),

whichever is inapplicable).

(b) Shall be given notice of the filing of the account, the statement of

proposed distribution and of the time and place of audit as required by the Rule of Court.

6. The decedent did not marry after the execution of the will and codicils (if

any) and there were _________ children born to or adopted by the decedent thereafter.

(Insert the names of any after-born or adopted children and dates of birth

or adoption. In either case, state the names and residences of the spouse and children).

7. Charitable bequests are/are not involved:

(Proof of service pursuant to Supreme Court O.C.R.).

8. Pennsylvania Transfer Inheritance and Estate Tax are paid in full. Notice

of the filing of Appraisement by the Pennsylvania Department of Revenue was filed in

the Office of the Register of Wills of Tioga County, Pennsylvania on ____________,

20___, appraising the estate at $__________. The Register of Wills allowed debts and

deductions of $___________________, making a taxable estate for __________

Inheritance Tax purposes of $_______________.

Inheritance Tax at the rate of ___________ ( %) per cent, amounted to

$_________________. The dates and amounts of payments thereon, are as follows:

Date of Payment Payment + Credit Total Payment and Credit

9. The names and addresses of unpaid creditors from whom the accountant

has received written notice, the amount of their claims, and whether or not such claims

are admitted to be correct, as well as the names of any other unpaid claimants of whom

the accountant has notice or knowledge, are as follows:

(If too many for the space annex a list thereof; if no such claim, insert the

word “none”).

10. The decedent was ____________, at the time of death, a fiduciary in

another estate which has not been terminated by a final adjudication or in writing by

receipt and release, agreement or other form of written release.

(If so, state the present status thereof and the Court, term and number

thereof, if any).

11. No share of any beneficiary has been assigned or attached, except:

(If none, so state “none”).

12. The estate is/is not subject to Federal Estate Tax. A Federal Estate Tax

Closing Letter has/has not been received dated ______________.

13. State of Facts relating to proposed distribution:

(The Accountant should recite the material facts and material parts of the

will (or Intestate Laws) which govern the distribution of the assets of the Fiduciary).

14. The following are questions which require adjudication by the Court:

(Frame issues such as in a pleading in the form of questions which the

Court must answer in order to determine the proper distribution of the assets. Also

indicate after each question the Accountant’s interpretation of any dispute or fairly

disputable question. If there are no questions which require adjudication by the Court, so

state).

15. An itemization of additional charges and/or credits sought to be included

in the adjudication for receipts or disbursements not set forth in the account is as follows:

(If none, insert the word “none”. With the exception of filing fees and

credits of a minor nature, credits not set forth herein shall not be considered or approved

by the Court, including, but not limited to commissions, and/or fees of fiduciaries or their

counsel, unless written notice thereof has been given to all parties in interest, at least ten

(10) days prior to the date of audit, in which event the same shall be set forth on the

appearance slip of the attorney for the accountant, and further, in such event, copies of

the aforesaid written notice shall be submitted with the appearance slip of the attorney for

the accountant, and further, in such event, copies of the aforesaid written notice shall be

submitted with the appearance slip for the attorney for the accountant).

16. A reserve is/is not requested,

(Strike out the inapplicable word or words. If a reserve is requested, state

the amount and purpose thereof).

WHEREOF, we propose to distribute the assets as follow:

Name of Distributee Account Value Fair Market Value

______________________ _______________________

TOTAL DISTRIBUTION ______________________ _______________________

______________________ _______________________

___________________________________

Accountant

COMMONWEALTH OF PENNSYLVANIA:

:SS

COUNTY OF TIOGA:

_____________________, the within names petitioner(s) being duly sworn, depose(s)

and say(s) that the facts set forth in the foregoing petition which are within the

affirmed/personal knowledge of the petitioner(s) are true, and as to facts based on the

information of other, the petitioner(s), after diligent inquiry, believe(s) them to be true.

__________________________________________

Signature(s) of Individual Petitioner(s)

Sworn to and subscribed before me

This ___________ day of _____________, 20____

COMMONWEALTH OF PENNSYLVANIA:

:SS

COUNTY FO TIOGA:

________________________________, being duly sworn according to law, dispose and

says that he is the ____________________ of the above names ____________________

and that the facts set forth in the foregoing petition which are within the personal

knowledge of the deponent are true, and as to facts based on the information of others,

the deponent, after diligent inquiry, believes them to be true.

__________________________________________

Signature of Officer of Corporate Petitioner

Sworn to and subscribed before me

This ___________ day of _____________, 20____