Westmoreland Cnty. C.P. Orphans' Rules (front matter)

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

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

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

WESTMORELAND COUNTY ORPHANS’ COURT RULES

BUSINESS OF THE COURTS

Rule W05.19 Petition to Compromise and Settle Incapacitated

Rule W05.20 Petition to Compromise and Settle Wrongful Death

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

Rescinded and new rule adopted August 5, 2019.

Rescinded and new rule adopted August 5, 2019.

Rescinded and new rule adopted August 5, 2019.

Rescinded and new rule adopted August 5, 2019.

Rescinded and new rule adopted August 5, 2019.

Rule W015.8 Voluntary Relinquishment to Adult Intending to

Rule W015.9 Alternative Procedure for Relinquishment by Confirmation

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.

rule wO1.8 cover sheet

The first pleading to be filed by each party in each case shall be accompanied by a cover sheet, which shall be in the form set out in the forms section of the Westmoreland County Orphans’ Court Local Rules, appended hereto.