Westmoreland Cnty. C.P. Local Rules of Court RULE WC 717

(a) Pursuant to 18 Pa. C.S.A. Section 7508.1, which requires the collection of costs for

the Substance Abuse Education and Demand Reduction Fund (SAEDRF), the

Westmoreland County Clerk of Courts shall assess and collect such costs, and shall

remit such costs to the Westmoreland County Treasurer;

(b) The Westmoreland County Clerk of Courts shall remit the portion required by law to

the Substance Abuse Education and Demand Reduction Fund established under

Section 7508.1, and shall retain the Westmoreland County portion of the costs as a

separate revenue line item, designated the “Drug Education Fee” in accordance with

mandates of Pennsylvania law;

(c) Disbursements from the “Drug Education Fee” line item shall be made available for

use in substance abuse treatment or prevention programs, and shall be made

available only at the direction of the President Judge. Any request for such

disbursements shall be made to the Criminal Justice Advisory Board, which may

then make a recommendation to the President Judge. Requests for disbursement

shall be submitted in the form of a proposed Order for disbursement, setting forth

the purpose of the request and the proposed use of the funds.

Printed 5/9/2017 t

Adopted May 6, 2015, effective July 6, 2015.

Printed 5/9/2017 u

ACKNOWLEDGMENT

The following individuals are credited for their efforts in the complete revision of

the Westmoreland County Orphans’ Court Rules in 1995:

Gilfert M. Mihalich, Orphans’ Court Judge

Patricia K. Masten, Esquire, Judge Mihalich’s Law Clerk

Carol Petrusky, Orphans’ Court Review Officer

ORPHANS’ COURT RULES COMMITTEE

Committee Coordinator/Liaison

L. Christian DeDiana, Esquire*

Co-Chairpersons of the Committee

L. Christian DeDiana, Esquire

Dominic Ciarimboli, Esquire

Abortion Rules Committee

Peggy H. Hooker, Esquire – Chairperson

Thomas P. Cole, II, Esquire

Pamela H. Ferguson, Esquire

Deborah L. Jackson, Esquire

Maureen S. Kroll, Esquire

Adoptions Rules Committee

James L. Liberto, Esquire – Chairperson

Marla R. Blum, Esquire

James J. Conte, Esquire

Frank J. Fyalkowski, Esquire

Holly G. Garland, Esquire

John A. Mika, Esquire

Decedents’ Estates Rules Committee

Richard F. Flickinger, Esquire – Co-chairperson

James R. Gaut, Esquire – Co-chairperson

Nathan A. Abromson, Esquire

Robert D. Austin, Jr., Esquire

Terrance C. Ferguson, Esquire

James E. Kopelman, Esquire

Aaron M. Kress, Esquire

Monique J. Lafontant, Esquire

Daniel Myshin, Esquire

Jeffry A. Pavetti, Esquire

Bernard S. Shire, Esquire

Printed 5/9/2017 a

Christ. C. Walthour, Jr., Esquire

Robert D. McVey, Esquire

David S. DeRose, Esquire

H. Reginald Belden, Jr., Esquire

Guardianship Rules Committee

Rebecca A. Brammell, Esquire – Chairperson

Todd T. Turin, Esquire

John M. Campfield, Esquire

Paul J. Elias, Esquire

Timothy J. Geary, Esquire

Wesley T. Long, Esquire

Computer Committee

Rabe F. Marsh, III, Esquire – Co-chairperson

David L. Robinson, Esquire – Co-chairperson

Court Approval of Settlements Committee

Ned J. Nakles, Jr., Esquire – Chairperson

Stuart J. Horner, Jr., Esquire

Donald R. Rigone, Esquire

______________________

*On behalf of the entire Orphans’ Court Rules Committee, I would like to express my sincere

thanks to L. Christian DeDiana, Esquire of DeBernardo, Antoniono, McCabe and Davis,

P.C., for his extraordinary effort, dedication and commitment to this project. He has

generously donated substantial time and expertise to undertake the enormous task of

serving as the person ultimately responsible for organizing data, overseeing individual

committees and supervising the formation and editing of the revised rules. Attorney

DeDiana is to be commended for his devotion to defining and improving Orphans’ Court

Practice in Westmoreland County.

__________________________________________

Gilfert M. Mihalich,

Orphans’ Court Judge

Printed 5/9/2017 b

2017 ACKNOWLEDGMENT

On September 1, 2016, the Pennsylvania Supreme Court rescinded existing

state Orphans' Court Rules, replacing them with new rules which became effective

that same date. Judicial districts were directed to review their local rules and

submit any necessary proposed local rules for review by the Pennsylvania Orphans'

Court Procedural Rules Committee. The new rules standardized filing practices, and

modeled orphans' court proceedings with general civil practice, where it was

beneficial to do so.

Thanks and credit for their contributions to the 2017 local Orphans' Court

Rules is hereby extended to the following:

Richard E. McCormick, Jr., President Judge and Orphans' Court

Judge

Anthony G. Marsili, Orphans' Court Judge

Chris Scherer, Orphans' Court Judge

L. Christian DeDiana, Esq.

Todd T. Turin, Esq.

Dwayne E. Ross, Esq.

Sherry Magretti Hamilton, Esq., Register of Wills

Michael Nestico, Esq.

Beth Orbison, Esq.

Emily Shaffer, Esq.

Leeann Pruss, Esq.

Carol Petrusky, Orphans' Court Administrator

Tami Silvis, Deputy Court Administrator

Bobbi Weaver, Assistant to the District Court Administrator

Amy DeMatt, Esq., District Court Administrator

Printed 5/9/2017 c

WESTMORELAND COUNTY ORPHANS’ COURT RULES

TABLE OF RULES

BUSINESS OF THE COURTS

Rule WO1.6 Mediation ……………………………………………………………........................ 4

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO1.8 Cover Sheet ………………………………………………………………………… 5

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO1.9 Bill of Costs ………………………………………………………………………… 5

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO1.10 Change of Address ……………………………………………………………….. 5

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO2.5 Notice of Account Filing – Copies of Account Sent

with Notice ………………………………………………………………………… 6

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO2.6 Audit List ……………………………………………………………………………. 6

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO3.7 Return Days ……………………………………………………………………..… 6

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO3.9 Preliminary Objections – Briefs ……………………………………………. 7

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO5.6 Petition to Invade Principal Assets (Minor’s Estate) ……………… 7

Adopted April 6, 2017, Effective May 29, 2017.

Rule WO5.16 Jurisdiction …………………………………………………………………………. 8

Adopted April 6, 2017, Effective May 29, 2017.

Rule W05.18 Petition to Compromise and Settle Minor’s Claim …………………. 11

Adopted April 6, 2017, Effective May 29, 2017.

Rule W05.19 Petition to Compromise and Settle Incapacitated

Person’s Claim …………………………………………………………………….. 13

Adopted April 6, 2017, Effective May 29, 2017.

Rule W05.20 Petition to Compromise and Settle Wrongful Death

And Survival Action ……………………………………………………………… 14

Adopted April 6, 2017, Effective May 29, 2017.

Rule W05.21 Petitions for Allowance (Minors Settlement) ………………………… 15

Adopted April 6, 2017, Effective May 29, 2017.

Rule W07.2 Motion for Judgment on the Pleadings ………………………………… 16

Adopted April 6, 2017, Effective May 29, 2017.

i

Rule W07.3 Motion for Summary Judgment – Briefs ………………………………… 17

Adopted April 6, 2017, Effective May 29, 2017.

Rule W07.5 Motions Practice ………………………………………………………………….. 18

Adopted April 6, 2017, Effective May 29, 2017.

Rule W08.2 Motions for Reconsideration ……………………………………………….. 18

Adopted April 6, 2017, Effective May 29, 2017.

Rule W010.7 Issuance of Short Certificate after an Estate is Closed …………… 19

Adopted April 6, 2017, Effective May 29, 2017.

Rule W010.8 Family Settlement Agreements ……………………………………………. 19

Adopted April 6, 2017, Effective May 29, 2017.

Rule W014.1(C) Petition for Sale of Principal Assess and Petition for

Compromise of Claim (Incapacitated Persons)……………………… 19

Rescinded and new rule adopted August 5, 2019.

Rule W014.3 Medical Testimony – Guardianships …………………………………….. 21

Rescinded and new rule adopted August 5, 2019.

Rule W014.6 Petition ……………………………………………………………………………… 21

Rescinded and new rule adopted August 5, 2019.

Rule W014.10 Petition for Sale of Assets ………………………………………………….. 22

Rescinded and new rule adopted August 5, 2019.

Rule W014.14 Reports ……………………………………………………………………………… 23

Rescinded and new rule adopted August 5, 2019.

Rule W015.1 Medical Testimony – Adoptions ………………………………………… 29

Adopted July 23, 2022, Effective August 22, 2022.

Rule W015.7 Voluntary Relinquishment to Agency …………………………………. 29

Adopted July 23, 2022, Effective August 22, 2022.

Rule W015.8 Voluntary Relinquishment to Adult Intending to

Adopt Child ……………………………………………………………………….. 29

Adopted July 23, 2022, Effective August 22, 2022.

Rule W015.9 Alternative Procedure for Relinquishment by Confirmation

Of Consent to Adoption ……………………………. ……………………….. 29

Adopted July 23, 2022, Effective August 22, 2022.

Rule W015.10 Involuntary Termination of Parental Rights ……………………… 30

Adopted July 23, 2022, Effective August 22, 2022.

Rule W016.2 Abortion confidentiality ……………………………………………………. 30

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.10 Application for Judicial Authorization of an Abortion ……………. 30

ii

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.11 Consent to an Abortion on Behalf of an Incapacitated Person … 32

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.12 Guardian Ad Litem ………………………………………………………………. 33

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.13 Medical Testimony ………………………………………………………………. 34

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.14 Testimony of Applicant’s Parents …………………………………………. 35

Adopted April 6, 2017, Effective May 29, 2017.

Rule W016.15 Transcript of Testimony ………………………………………………………. 35

Adopted April 6, 2017, Effective May 29, 2017.

iii

RULE W01.6 MEDIATION

All interested parties in a matter may use mediation to resolve issues pending

before the court, and, upon either partial or complete resolution, may petition the court to

approve the agreement of all interested parties as an order or decree of the court.

(a) The interested parties may engage the services of a mediator, either prior to or after

any interested party has filed a pleading before the court, including an account filed

by a fiduciary for audit.

(b) All the interested parties in a matter docketed before the court may request to

engage in mediation at any time during the pendency of the matter.

(c) In such request for mediation, all interested parties shall identify:

(1) the proposed mediator and the proposed source of payment of fees and

costs of the mediator;

(2) names and contact information of all interested parties and any counsel who

shall participate in the mediation;

(3) names and information regarding any interested parties having diminished

capacity or a legal disability, whose interests must be adequately protected;

and

(4) the scheduled date for the initial mediation conference.

(d) All interested parties shall execute an agreement for confidential mediation, which

is not inconsistent with this local rule, and which shall remain confidential.

(e) Mediation shall not delay the required filing of any pleading or ordered return dates,

or the scheduling of court hearings, unless specifically requested by joinder of the

interested parties and so ordered by the court.

(f) Upon completion of mediation, all interested parties shall sign a memorandum of

principal terms, which either shall acknowledge that no resolution was reached, or

shall embody the resolutions attained. This memorandum of principal terms shall

clearly state partial resolutions or complete resolution attained. The memorandum

of principal terms shall include a list of unresolved issues to be determined by the

court. Where appropriate, the principal terms could provide for future review in

light of changed circumstances or a change in the operative facts. The

memorandum of principal terms agreed upon, or the statement of no resolution,

shall be filed with the court.

(g) The interested parties may request that the court approve the final mediated

agreement, which embodies the principal terms agreed upon in the memorandum

referenced above. The court may grant approval in an order or decree.

Alternatively, the court may recommend any changes that the court deems

appropriate for approval. The parties to the mediation may accept the court’s

recommendations, in which event the terms agreed upon, as modified, shall be

approved, or the parties may decline to accept the court’s recommendations, in

which event the matter is deemed not to have resulted in an agreement.

iv

Adopted April 6, 2017, Effective May 29, 2017.