reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part A - Petition Practice › Rule 3.3 - Contents of All Pleadings; General and Specific Averments

Current through Register Vol. 54, No. 28, July 13, 2024
The following rules shall apply to all pleadings:
(a) Every pleading shall be divided into
				  consecutively numbered paragraphs. Each paragraph shall contain as far as
				  practicable only one material allegation.
(b) The material facts on which a cause of
				  action or defense is based shall be stated in a concise and summary
				  form.
(c) Averments of fraud or
				  mistake shall be averred with particularity. Malice, intent, knowledge, and
				  other conditions of mind may be averred generally.
(d) In pleading the performance or occurrence
				  of conditions precedent, it is sufficient to aver generally that all conditions
				  precedent have been performed or have occurred. A denial of such performance or
				  occurrence shall be made specifically and with particularity.
(e) In pleading an official document or
				  official act, it is sufficient to identify it by reference and aver that the
				  document was issued or the act done in compliance with law.
(f) In pleading a judgment, order or decision
				  of a domestic or foreign court, judicial or administrative tribunal, or board,
				  commission or officer, it is sufficient to aver the judgment, order or decision
				  without setting forth matter showing jurisdiction to render it.
(g) Averments of time and place shall be
				  specifically stated.
(h) Any part
				  of a pleading may be incorporated by reference in another part of the same
				  pleading or in another pleading in the same action. A party may incorporate by
				  reference any matter of record in any state or federal court of record whose
				  records are within the county in which the action is pending, or any matter
				  which is recorded or transcribed verbatim in the office of the prothonotary,
				  clerk of any court of record, recorder of deeds or Register of such
				  county.
(i) When any claim or
				  defense is based upon an agreement, the pleading shall state specifically if
				  the agreement is oral or written.
(j) When any claim or defense is based upon a
				  writing, the pleading shall have attached to it a copy of the writing, or the
				  material part thereof, but if the writing or copy is not accessible to the
				  pleader, it is sufficient so to state, identifying the reason therefor, and
				  setting forth the substance of the writing.
Note:
Rule
					 3.3 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 206.1(c) and Pa.R.C.P.
					 No. 1019.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part A - Petition Practice › Rule 3.5 - Mode of Proceeding on Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Citation Practice.
(1) When personal jurisdiction is required
				  and has not previously been obtained or conferred by statute, or when a
				  citation is otherwise required by statute, the petition shall include a
				  preliminary decree for the issuance of a citation to those interested parties
				  for whom a citation is necessary to show cause why the relief requested in the
				  petition should not be granted.
(2)
				  The citation to obtain personal jurisdiction and a copy of the petition shall
				  be served upon each cited party at least 20 days before the date when a
				  responsive pleading is due, in the same manner as service of original process
				  under Pa.R.C.P. Nos. 402 through 404, Pa.R.C.P. No. 420, and Pa.R.C.P. Nos. 422
				  through 424 inclusive. If service cannot be made under the foregoing rules, the
				  court may order service by publication in accordance with Pa.R.C.P. No. 430.
				  Service of a citation as original process shall not be permitted by electronic
				  means, unless agreed to by the respondent.
(3) If the citation is not being issued in
				  order to obtain personal jurisdiction over an interested party, the petition
				  and the citation may be served by first-class United States mail, postage
				  prepaid, at least 20 days before the date when a responsive pleading is
				  due.
(4) If the citation and
				  petition are not served at least 20 days before the date when a responsive
				  pleading is due, the court, upon request, may authorize the reissuance of the
				  citation.
(5) Once the citation to
				  obtain personal jurisdiction has been served upon the cited party by original
				  process in accordance with subparagraph (a)(2), then notice of a rescheduled
				  return date or any other rescheduled date for filing a responsive pleading or
				  appearing before the court may be served by first-class United States mail,
				  postage prepaid, at least 20 days before such rescheduled date.
(6) If an interested party (whether
sui juris
or not) is represented by another, the citation and
				  petition shall be served upon the interested party's representative(s) pursuant
				  to Rule 4.2.
(7) Proof of service
				  of the citation shall be filed with the clerk on or before the date when a
				  responsive pleading is due.
(8)
				  Each interested party identified in the citation, or such interested party's
				  representative identified in the citation, may file a responsive pleading in
				  accordance with these Rules on or before the date provided in the
				  citation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.6 - Pleadings Allowed After Petition

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings allowed after the filing of a petition are
					 limited to:
(a) an answer that can
				  include new matter;
(b) a reply, if
				  an answer contains new matter;
(c)
				  preliminary objections to the petition as permitted by Rule 3.9;
(d) an answer to preliminary objections;
				  and
(e) a petition to join one or
				  more persons as parties to the proceeding and an answer thereto.
Note:
Rule
					 3.6 has no counterpart in former
					 Orphans' Court Rules, but is based, in part, on Pa.R.C.P. No. 1017.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.7 - Time for Filing and Service of Responsive Pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless the
				  court orders otherwise, each interested party identified in the petition, or
				  such interested party's representative identified in the petition, may file a
				  responsive pleading in accordance with these Rules within 20 days of the date
				  of notice or the date of the filing, whichever is later. A party residing
				  outside of the United States shall have 60 days, rather than 20 days, within
				  which to file a responsive pleading to the citation or the petition initiating
				  the proceeding.
(b) A copy of the
				  responsive pleading shall be served on the petitioner or his or her counsel, if
				  represented, and all interested parties identified in the petition or counsel
				  representing an interested party if so identified in the petition or in a
				  subsequent pleading pursuant to Rule 4.3.
(c) A notice to plead in substantially the
				  form provided in Rule
				  3.5(b)(1) shall
				  be affixed to the first page of an answer that contains new matter and to the
				  first page of preliminary objections which aver a fact that is not contained in
				  the petition.
(d) Regardless of the
				  residency of any interested party, each subsequent pleading shall be filed
				  within 20 days after service of the preceding pleading, but no pleading need be
				  filed unless the preceding pleading included a notice to plead that complies
				  with the requirements of Rule 3.5(b)(1).
Note
: Rule
					 3.7 is new, but is derived from
					 Pa.R.C.P. No. 1026.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.8 - Headings of Responsive Pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
All responsive pleadings shall contain a heading
					 identifying the name of the pleading to which it is responding.
Note
: Rule
					 3.8 has no counterpart in former
					 Orphans' Court Rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.9 - Preliminary Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Preliminary objections may be filed to any petition
				  by any interested party or the interested party's representative.
(b)
Grounds for Preliminary
				  Objections.
Preliminary objections filed to any petition under the
				  Rules of Chapter III are limited to the following grounds:
(1) lack of jurisdiction over the subject
				  matter of the action or lack of jurisdiction over the person, improper venue,
				  or improper form of service;
(2)
				  failure of a pleading to conform to law or rule of court or inclusion of
				  scandalous or impertinent matter;
(3) insufficient specificity in a
				  pleading;
(4) legal insufficiency
				  of a pleading (demurrer);
(5) lack
				  of standing or lack of capacity to sue, nonjoinder of a necessary party, or
				  misjoinder of a cause of action; and
(6) pendency of a prior action or agreement
				  for alternative dispute resolution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.10 - Denials; Effect of Failure to Deny

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  responsive pleading shall admit or deny each averment of fact in the preceding
				  pleading or any part thereof. Admissions and denials in a responsive pleading
				  shall refer specifically to the paragraph in which the averment admitted or
				  denied is set forth. A party denying only a part of an averment shall specify
				  so much of it as is admitted and shall deny the remainder.
(b) Averments in a pleading to which a
				  responsive pleading is required are admitted when not denied specifically or by
				  necessary implication. A general denial or a demand for proof, except as
				  provided by subparagraph (c) of this Rule, shall have the effect of an
				  admission.
(c) A statement by a
				  party that after reasonable investigation the party is without knowledge or
				  information sufficient to form a belief as to the truth of an averment shall
				  have the effect of a denial.
(d)
				  Averments in a pleading to which no responsive pleading is required shall be
				  deemed to be denied.
(e) A
				  responsive pleading shall be signed by counsel, or if not represented by
				  counsel, then by all the respondents in accordance with Rule
				  3.12. A responsive pleading that
				  admits or denies any averment of fact shall be verified by at least one of the
				  respondents in accordance with Rule 3.13.
Note:
Rule
					 3.10 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1029.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part B - Responsive Pleadings › Rule 3.11 - Answer with New Matter

Current through Register Vol. 54, No. 28, July 13, 2024
All applicable affirmative defenses shall be pleaded in the
					 answer under the heading "New Matter." A party may set forth as new matter any
					 other material facts that are not merely denials of the averments of the
					 preceding pleading.
Note:
Rule
					 3.11 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1030.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.
See
Rule
					 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part C - Pleadings in General › Rule 3.12 - Signing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Counsel who has
				  entered an appearance for a party pursuant to Rule
				  1.7(a) shall
				  sign every pleading and any brief or memorandum of law and shall include
				  counsel's name and address. A party not represented by any counsel of record
				  shall sign every pleading and any brief or memorandum of law and shall include
				  the party's name, an address where legal paper may be served, and a telephone
				  number.
(b) If the legal paper
				  includes a facsimile telephone number and/or email address, that party or his
				  or her counsel agrees to accept service of legal paper by transmission of a
				  facsimile copy or by electronic transmission.
(c) By signing a legal paper, the party and
				  counsel are subject to Pa.R.C.P. Nos. 1023.1 through 1023.4. The court has
				  authority to impose sanctions and grant relief in accordance with Pa.R.C.P. No.
				  1023.4.
Note
: Rule
					 3.12 has no counterpart in former
					 Orphans' Court Rules, but subparagraphs (a) and (b) are derived from Pa.R.C.P.
					 No. 1025. Rule
					 3.12(c) is based
					 upon Pa.R.C.P. No. 1023.1
et seq.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part C - Pleadings in General › Rule 3.13 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every pleading
				  shall be verified, averring as true every fact not appearing of record in the
				  action or containing a denial of fact based upon the signer's personal
				  knowledge or information and belief. A pleading may be verified upon personal
				  knowledge as to a part and upon information and belief as to the remainder. The
				  signer need not aver the source of the information or expectation of ability to
				  prove the averment or denial at the trial.
(b) If a pleading contains averments that are
				  inconsistent in fact, the verification shall state that the signer has been
				  unable after reasonable investigation to ascertain which of the inconsistent
				  averments, specifying them, are true but that the signer has knowledge or
				  information sufficient to form a belief that one of them is true.
(c) The verification shall be made by one or
				  more of the parties filing the pleading unless all the parties (1) lack
				  sufficient knowledge or information, or (2) are outside the jurisdiction of the
				  court and the verification of none of them can be obtained within the time
				  allowed for filing the pleading. In such cases, the verification may be made by
				  any person having sufficient knowledge or information and belief and shall set
				  forth the source of the person's information as to matters not stated upon his
				  or her own knowledge and the reason why the verification is not made by a
				  party.
Note
: Rule
					 3.13 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1024.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part C - Pleadings in General › Rule 3.14 - Amendment

Current through Register Vol. 54, No. 28, July 13, 2024
A party may amend a pleading pursuant to Rule
					 3.9(d)(1), or at
					 any other time, either by written consent of all other parties filed with the
					 clerk or by leave of court. The amended pleading may aver transactions or
					 occurrences that have happened before or after the filing of the original
					 pleading. An amendment may be made to conform the pleading to the evidence
					 offered or admitted.
Note:
Rule
					 3.14 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1033.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.
See
Rule
					 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part C - Pleadings in General › Rule 3.15 - Pleading More Than One Cause of Action; Alternative Pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) More than one cause of action may be
				  stated in a pleading. Each cause of action shall be stated in a separate count,
				  preceded by a heading, and the count shall name the parties to that cause of
				  action and shall contain a separate request for relief.
(b) Causes of action and defenses may be
				  pleaded in the alternative.
Note
: Rule
					 3.15 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1020.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.1 - Format of All Legal Paper

Current through Register Vol. 54, No. 28, July 13, 2024
All legal paper filed with the clerk must conform to the
				  following requirements:
(a) The
				document shall be on 8 1/2 inch by 11 inch paper.
(b) The document shall be prepared on white
				paper (except for dividers and similar sheets) of good quality.
(c) The text must be double spaced, but
				quotations more than two lines long may be indented and single-spaced. Margins
				must be at least one inch on all four sides.
(d) The lettering shall be clear and legible
				and no smaller than point 12. The lettering shall be on only one side of a
				page, except that exhibits and similar supporting documents may be
				double-sided.
Note
: Rule
				  4.1 has no counterpart in former
				  Orphans' Court Rules, but is derived from Pa.R.C.P. No. 204.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.2 - Citation or Notice to Individuals and Entities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
To individuals.
Whenever
				a citation under Rule
				3.5(a) is to be
				served or notice under Rule
				2.5 or Rule
				3.5(b) is to be
				given to an individual:
(1) If the individual
				is
sui juris
, or if the individual has reached the age of 18
				and is believed to be incapacitated (under the provisions of Chapter 55 of
				Title 20), but for whom no guardian is known to have been appointed by a
				Pennsylvania court or by the court of any other jurisdiction (including a
				guardian
ad litem
with respect to the matter at issue), then
				such notice or citation shall be provided:
(i)
				to the individual; or
(ii) if the
				individual will be represented with respect to the matter at issue by a
				representative under the provisions of
				20 Pa.C.S. §§
												7721-7726, then such notice or citation may
				instead be provided to such representative, including notice as required by
				20 Pa.C.S. §
												7725
				that each such representative may decline to act as a representative for the
sui juris
individual.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.3 - Service of Legal Paper Other than Citations or Notices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Copies of all
				pleadings, and any brief or memorandum of law in connection therewith, other
				than notices served pursuant to Rule
				2.5 or citations served pursuant
				to Rule 3.5(a), filed in
				an action or served upon any party to an action shall be served upon every
				other party to the action. This service shall be made:
(1) by handing, or mailing by first-class
				United States mail, postage prepaid, a copy to, or leaving a copy for, each
				party at the address of the party's counsel of record listed on an entry of
				appearance or prior pleading of the party, or at such other address as a party
				may agree;
(2) by transmitting a
				facsimile copy to the party's counsel of record as provided by subparagraph
				(c); or
(3) by electronic
				transmission as provided in subparagraph (d).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.4 - Charities-Notice to the Attorney General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In every court proceeding involving or
				affecting a charitable interest with the exception hereinafter set forth, at
				least 20 days advance written notice thereof shall be given to the Attorney
				General of the Commonwealth at the principal office in Harrisburg,
				Pennsylvania, or to a deputy of the Attorney General designated for such
				purpose for the judicial district in which the proceeding is pending. The
				notice shall include or be accompanied by such of the following as may be
				appropriate:
(1) The caption of the
				case;
(2) a description of the
				nature of the proceeding;
(3) The
				date, time and place when the matter is to be heard by the court to the extent
				then known;
(4) The name of the
				decedent, settlor, incapacitated person or minor, if not disclosed by the
				caption;
(5) a copy of the will or
				other instrument creating the charitable interest;
(6) The name and address of any specific
				charity which may be affected by the proceeding;
(7) if the charitable interest is a present
				interest, a description and the approximate market value of that
				interest;
(8) if the charitable
				interest is a future interest and the estimated present value of the charity's
				future interest in the property exceeds $25,000, a brief description thereof
				including the conditions precedent to its vesting in enjoyment and possession,
				the names and ages of persons known to have interests preceding such charitable
				interest, and the approximate market value of the property involved;
(9) a description of any unresolved claim and
				any material question of interpretation or distribution likely to be submitted
				for adjudication which may affect the value of the charitable
				interest;
(10) The names and
				addresses of all fiduciaries;
(11)
				the name and address of counsel for each fiduciary;
(12) The name and address of counsel for any
				charity who has received notice or has appeared for the charity and the name of
				the charity which counsel represents; and
(13) a copy of an Account if the proceeding
				involves an Account and if the charity is any one of the following:
(i) a residuary beneficiary, including as a
				beneficiary of a residuary trust;
(ii) a pecuniary legatee in an amount greater
				than $25,000; or
(iii) a pecuniary
				legatee where the bequest has not and will not be paid in full.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.5 - Service of Legal Paper by Court and Clerk

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The clerk and the court may serve all
				notices, opinions, and orders via electronic means where any one of the
				following has occurred:
(1) The parties have
				agreed to receipt of legal paper by electronic transmission;
(2) The underlying legal paper related to the
				notice, opinion or order was electronically filed; or
(3) an email address appears on an entry of
				appearance or other legal paper previously filed with the clerk in the
				action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.6 - Notice of the Date of Entry of an Adjudication or Court Order on the Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The clerk
				shall immediately give written notice of the entry of an adjudication or court
				order in a particular matter to each interested party's counsel of record or,
				if unrepresented, to each interested party. The notice shall include a copy of
				the adjudication or court order.
(b) The clerk shall note in the docket the
				date when notice was given to the interested party or to his or her counsel
				under subparagraph (a) of this Rule.
Note
: Rule
				  4.6 has no counterpart in former
				  Orphans' Court Rule, but is derived from Pa.R.C.P. No. 236.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT; ELECTRONIC FILING › Rule 4.7 - Electronic Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization for Electronic Filing.
A court may permit or
				require electronic filing of legal paper. Any court that implements electronic
				filing shall establish procedures governing such filing by local rule, which
				shall not be inconsistent with the procedures set forth herein.
(b)
Electronic Filing of Legal
				Paper.
(1) If implemented by court,
				a filing party may file a legal paper with the clerk by means of electronic
				filing.
(2) Any party may require
				the filing party to file the original of a legal paper or exhibit by filing a
				notice to file with the clerk and serving a copy of the notice upon the filing
				party. The filing party shall file the specified document with the clerk within
				14 days after service of the notice. The court for any reason may direct any
				party to file the original of a legal paper or exhibit with the clerk within
				the time specified in the order. Upon disposition of the matter before the
				court, an original document may be returned to the party who filed it or
				retained by the court, as the court may determine.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.1 - Declaratory Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Commencement of Action.
An action for declaratory judgment
				shall be commenced by petition pursuant to Rule
				3.5 directed to the interested
				parties.
(b)
Contents of
				Petition.
In addition to the requirements provided by the Rules in
				Chapter III, the petition shall contain sufficient averments to entitle
				petitioner to the declaratory relief requested under the Pennsylvania
				Declaratory Judgments Act,
				42 Pa.C.S. §
										7531
et seq.
, including:
(1) a
				concise statement of the facts relied upon to justify a declaratory judgment
				proceeding;
(2) The question of
				law, if any, with respect to which declaratory relief is requested;
(3) identity of all interested parties;
				and
(4) a prayer for the relief
				desired.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.2 - Family Exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
In addition to the requirements provided
				by the Rules in Chapter III, a petition for a family exemption shall set forth
				the following:
(1) facts establishing a
prima facie
right of the petitioner to the
				exemption;
(2) whether allowance of
				the claim is being requested prior to the confirmation or audit of the
				Account;
(3) a description of the
				property claimed; and
(4) if the
				exemption is claimed from real estate and a valuation has not been agreed upon
				by all interested parties, the nomination of two appraisers for appointment by
				the court to appraise the same.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.3 - Intestate Share to Surviving Spouse from Real Estate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
When no Account is filed and all or part of the spouse's intestate share under
				20 Pa.C.S. §
										2102 is
				claimed from real estate, the claim shall be presented by petition, which shall
				conform to the requirements provided by the Rules in Chapter III, and shall set
				forth the following:
(1) facts establishing a
prima facie
right of the spouse to the statutory intestate
				share;
(2) a description of the
				property claimed; and
(3) if the
				share is claimed from real estate and a valuation has not been agreed upon by
				all interested parties, the nomination of two appraisers for appointment by the
				court to appraise the same.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.4 - Revocation, Vacation or Extension of Time for Filing of Surviving Spouse's Election

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
In addition to the requirements provided
				by the Rules in Chapter III, a petition to revoke or vacate an election of a
				surviving spouse to take against the will and other conveyances of the decedent
				shall set forth the following:
(1) The date
				of the decedent's death, whether a will has been probated and, if so, a
				reference to the place and date of probate;
(2) The name and capacity of the fiduciary of
				the decedent's estate, if any, and a reference to the record of his
				appointment;
(3) The name, address
				and relationship, if known, of the other interested parties and the nature and
				the extent of each of their interests;
(4) The names of the interested parties who
				have consented to the revocation or vacation of the election and the names of
				those who have not consented;
(5) a
				description and valuation of the decedent's real and personal property affected
				by the election;
(6) The date and
				manner of executing the election desired to be revoked or vacated and whether
				the same has been recorded, registered or filed, and if so, the date and place
				thereof;
(7) whether the surviving
				spouse has made or executed and delivered at any place an election contrary to
				that desired to be revoked or vacated, and whether that election has been
				recorded, registered or filed, and if so, the date and place thereof;
(8) The facts relied upon to justify the
				revocation or vacation of the election; and
(9) a request for a citation upon the
				interested parties who have not joined in the petition or who have not
				consented thereto to show cause why the election should not be revoked or
				vacated.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.5 - Appointment of a Guardian ad litem or a Trustee ad litem

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On petition of the accountant or any
				interested party, or upon its own motion, the court may appoint one or both of
				the following if the court considers that the interests of the non-
sui
				juris
individuals are not adequately represented:
(1) a guardian
ad litem
to
				represent a minor or a person believed to be incapacitated under the provisions
				of Chapter 55 of Title 20, but for whom no guardian of the estate is known to
				have been appointed by a Pennsylvania court or by the court of any other
				jurisdiction; and
(2) a trustee
ad litem
to represent an absentee, a presumed decedent, or
				unborn or unascertained persons not already represented by a
				fiduciary.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.6 - Appointment of a Guardian for the Estate or Person of a Minor

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
Separate petitions for each minor must be filed requesting the appointment of a
				guardian of the estate or person of each such minor. In addition to the
				requirements provided by the Rules in Chapter III, the petition shall set forth
				the following:
(1) The name, address and
				relationship of the petitioner to the minor;
(2) The name, address and age of the
				minor;
(3) The names and addresses
				of his or her parents, if living, and whether the minor's parents consent to
				the petition if the petition is not being filed by the minor's
				parents;
(4) The need for the
				appointment of a guardian;
(5) if
				the petition is filed due to the death of the minor's parent or legal guardian,
				or if the minor is to receive property under a will, deed or other written
				instrument conveying property whether the petitioner knows if the parent, legal
				guardian or decedent appointed a guardian for the minor in his or her will,
				deed or any other written instrument, and if so, the name of such proposed
				guardian;
(6) that the minor has no
				guardian presently appointed or that a guardian already appointed has died or
				has been discharged or removed by the court, together with the date of such
				death, discharge or removal and a reference to the court order discharging or
				removing the previously appointed guardian;
(7) The name, address and age of the proposed
				guardian and his or her relationship to the minor, if any;
(8) The nature of any interest of the
				proposed guardian adverse to that of the minor including,
inter
				alia
, a reference to any estate in which the minor is interested and
				in which the proposed guardian is a fiduciary or surety or employee of a
				fiduciary or surety therein;
(9) if
				the minor is fourteen years of age or older, the preference of the minor, if
				any, as to who should be appointed as guardian;
(10) if the petition is for the appointment
				of a guardian of the person, the religious persuasion of the minor's parents
				and the religious persuasion of the proposed guardian;
(11) if the petition is for the appointment
				of a guardian of the estate of the minor, an itemization of the assets of such
				estate, their location, approximate value and income, if any;
(12) if the minor is entitled to receive any
				property as a party to any court action or proceeding, a reference to the court
				record and the amount of the property to which the minor is entitled;
				and
(13) that notice has been given
				to the United States Veterans' Administration or its successor, if the minor is
				the child of a veteran and insurance or other gratuity is payable to him or her
				by the United States Veterans' Administration, or its successor.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.7 - Appointment of a Trustee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
A petition for the appointment of a
				trustee may be filed by a resigning trustee, the current trustee or any trust
				beneficiary and shall conform to the requirements provided by the Rules in
				Chapter III and set forth the following:
(1)
				the situs of the trust and if any court previously has exercised jurisdiction
				over the trust;
(2) the provisions
				of the instrument creating the trust;
(3) the general character, location, and
				value of the trust property;
(4)
				the reasons why any individual or corporation named in the trust instrument as
				trustee or successor trustee is unable or unwilling to serve;
(5) the names, addresses and relationships of
				all interested parties and whether those who have not joined in or consented to
				the petition have been given notice of the filing of the petition, or the
				reason for failing to give any interested party notice;
(6) the name and address of the proposed
				trustee and his or her relationship, if any, to any interested party;
				and
(7) whether the proposed
				trustee has any interest in the trust.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.8 - Discharge of Fiduciary and Surety

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Account Previously
				Filed.
A petition for the discharge of a fiduciary and his or her
				surety, or of the surety alone, subsequent to an Account having been filed and
				confirmed, shall conform to the requirements provided by the Rules in Chapter
				III and set forth the following:
(1) the
				nature of the fiduciary capacity;
(2) the date and a reference to the record of
				the fiduciary's appointment;
(3)
				the date of filing the fiduciary's Account and the date of the court's
				adjudication or order confirming the Account; and
(4) that the entire estate has been
				distributed to the creditors and parties entitled thereto and that no other
				property belonging to the estate has been received or remains to be accounted
				for by the fiduciary.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.9 - Partition

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements provided by the Rules in
				  Chapter III, a petition for partition shall set forth the following:
(a) The date of the decedent's death and
				whether he or she died testate or intestate, in whole or in part;
(b) a description, giving the size and
				location, of the property to be partitioned, the liens and charges to which it
				is subject and the rents due from tenants thereof, and that the property has
				not been partitioned or valued for partition;
(c) the name, address and relationship of
				those interested in the land to be partitioned, the extent of the interest of
				each of such persons, and, if such interest is created by a recorded deed or
				will, a reference to such record; and
(d) a request for a citation upon the
				interested parties who have not joined in or consented to the petition to
				appear and show cause why an inquest in partition should not be granted.
Note
: Rule
				  5.9 is substantively identical to
				  former Rule 12.8.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.10 - Public Sale of Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements provided
				by the Rules in Chapter III, a petition for the public sale of real property
				shall set forth the reason for filing the petition, a description, stating the
				size and location of the property to be sold, and the liens and charges to
				which it is subject.
(b) Public
				notice of the sale shall be given as required by law and as may be further
				required by local rule or as the court may order in a particular matter.
Note:
Rule
				  5.10 is substantively identical
				  to former Rule
				  12.9. If a person who has been
				  adjudicated incapacitated possesses an interest in the subject real property,
				  see also Rule 14.10.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.11 - Private Sale of Real Property or Options Therefor

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
In
				addition to the requirements provided by the Rules in Chapter III, a petition
				for the private sale or exchange of real property, or for the grant of an
				option for any such sale or exchange, shall set forth the following:
(1) The information required in a petition
				for the public sale of real property under Rule 5.10(a); and
(2) The name and address of the proposed
				purchaser and the terms of the proposed sale, exchange or option, the
				consideration therefor, and that this consideration is more than can be
				obtained at public sale.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.12 - Mortgage or Lease of Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements provided by the Rules in
				  Chapter III, a petition to mortgage or lease real property shall set forth the
				  following:
(a) the information
				required in a petition for the public sale of real property under Rule
				5.10(a), as far
				as practicable; and
(b) the name of
				the proposed mortgagee or lessee and the terms of the proposed mortgage or
				lease.
Note:
Rule
				  5.12 is substantively identical
				  to former Rule
				  12.11. If a person who has been
				  adjudicated incapacitated possesses an interest in the subject real property,
				  see also Rule 14.10.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.13 - Inalienable Property

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements provided by the Rules in
				  Chapter III, a petition under Chapter 83 of Title 20 shall set forth the facts
				  required by
				  20 Pa.C.S. §
										8301, as
				  applicable, and the following:
(a) the
				names of all interested parties who have not joined in or consented to the
				petition, and their addresses, if known; and
(b) if the petition is for the public or
				private sale of real property subject to a life estate with remainder over and
				the real property is not held in trust, the petition shall request the
				appointment of a named trustee to make the sale and hold the proceeds in trust.
Note
: Rule
				  5.13 is substantively identical
				  to former Rule 12.12.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.14 - Designation of a Successor Custodian

Current through Register Vol. 54, No. 28, July 13, 2024
A petition for the designation of a successor custodian under
				  the Pennsylvania Uniform Gifts to Minors Act shall conform to the requirements
				  provided by the Rules in Chapter III and set forth as far as practicable the
				  information required in a petition for the appointment of a guardian of the
				  estate of a minor.
Note
: Rule
				  5.14 is substantively identical
				  to former Rule
				  12.13.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.15 - Confirmation of Trustee Appointment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of Petition.
Where an initial or successor trustee is appointed pursuant to a trust
				instrument or by the unanimous agreement of all qualified beneficiaries (as
				defined in
				20 Pa.C.S. §
										7703)
				pursuant to
				20 Pa.C.S. §
										7764, a
				petition for the court to confirm such appointment shall conform to the
				requirements provided by the Rules in Chapter III and shall set forth the
				following:
(1) the reason for filing the
				petition; and
(2) the pertinent
				provisions of the instrument creating the trust and providing for the
				appointment of the trustee.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.50 - Settlement of Small Estates by Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability
. This Rule applies to all petitions filed
				pursuant to
				20 Pa.C.S. §
										3102,
				pertaining to settlement of small estates by petition.
(b)
Contents
. In addition to
				the requirements provided by the Rules in Chapter III, a petition shall set
				forth the following:
(1)
Estate.
(i) the name and
				address of each petitioner and the petitioner's relationship to the
				decedent;
(ii) the decedent's name,
				date of death, and domicile at the time of death;
(iii) a statement whether the decedent died
				testate or intestate and, if testate, that the original will is attached, or
				that the original will cannot be produced, the reason it cannot be produced,
				and that a photocopy of the original will is attached;
(iv) the name and address of each testate or
				intestate beneficiary, and if any such beneficiary is a minor or otherwise
				incapacitated, the name and address of such beneficiary's legal representative,
				as applicable; and
(v) whether a
				claim for family exemption is included, and if the claimant is not the
				surviving spouse, the relationship of the claimant to the decedent, and a
				statement that the claimant resided with the decedent at the date of death and
				if the claimant is the surviving spouse, that he or she has not forfeited the
				right to claim the family exemption.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS › Rule 5.50 - Settlement of Small Estates by Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This Rule applies to all petitions filed
				pursuant to
				20 Pa.C.S. §
										3102,
				pertaining to settlement of small estates by petition.
(b)
Contents.
In addition to
				the requirements provided by the Rules in Chapter III, a petition shall set
				forth the following:
(1)
Estate.
(i) the name and
				address of each petitioner and the petitioner's relationship to the
				decedent;
(ii) the decedent's name,
				date of death, and domicile at the time of death;
(iii) a statement whether the decedent died
				testate or intestate and, if testate:
(A)
				that the original will has been lodged or probated with the Register;
				or
(B) that the original will
				cannot be produced, the reason it cannot be produced and that the Register
				issued a decree accepting the photocopy as an original;
(iv) the name and address of each testate or
				intestate beneficiary, and if any such beneficiary is a minor or otherwise
				incapacitated, the name and address of such beneficiary's legal representative,
				as applicable; and
(v) whether a
				claim for family exemption is included, and if the claimant is not the
				surviving spouse, the relationship of the claimant to the decedent, and a
				statement that the claimant resided with the decedent at the date of death and
				if the claimant is the surviving spouse, that he or she has not forfeited the
				right to claim the family exemption.