Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases when used in these Rules
				  shall have the following meanings, respectively, unless the context clearly
				  indicates otherwise or the particular word or phrase is expressly defined in
				  the Chapter in which the particular Rule is included:
"Accountant"-a fiduciary or other party who has filed an
				  Account;
"Account"-a financial report by a fiduciary of the principal
				  and income transactions in the form prescribed by 2.1, excluding the annual
				  reports of Guardians;
"Adult"-an individual eighteen years of age or over;
"Clerk"-the Clerk of the Orphans' Court Division or its
				  equivalent;
"Commonwealth"-the Commonwealth of Pennsylvania;
"Court"-the Orphans' Court Division of the Court of Common
				  Pleas or any judge thereof having jurisdiction;
"Electronic Filing"-the electronic transmission via the
				  internet of a legal paper to the clerk;
"Facsimile copy"-a copy of a document transmitted and
				  received by facsimile equipment;
"Fiduciary"-an agent under a power of attorney, custodian
				  under the Uniform Transfers to Minors Act, personal representative, guardian,
				  trustee, guardian
ad litem
, or trustee
ad
				  litem
, and any other person acting in any similar capacity, whether
				  domiciliary or ancillary, individual or corporate, subject to the jurisdiction
				  of the court;
"Filing Party"-a party, or an attorney acting on behalf of a
				  party, who files a legal paper;
"Guardian"-a fiduciary who has the care and management of the
				  estate, the person, or both, of a minor or an incapacitated person;
"Guardian
ad litem
or Trustee
ad
				  litem
-a fiduciary who is appointed by a court in a legal proceeding to
				  represent an individual or class of individuals under a legal
				  disability;
"Hearing Officer"-a person who is appointed by the court to
				  investigate any issue of fact and to report findings of fact, conclusions of
				  law, and recommendations to the court. A hearing officer shall include any
				  person now or formerly referred to as a master by rule of court or
				  statute;
"Incapacitated Person"-a person determined to be
				  incapacitated under the provisions of Chapter 55 of Title 20 (relating to
				  incapacitated persons);
"Interested Party"-one or more individuals or entities having
				  or claiming an interest in the estate, trust, person or other entity that is
				  the subject of the legal proceeding;
"Legal Paper"-a document that is filed with the court;
"Local Rule"-every Rule promulgated in accordance with Rule
				  1.5;
"Majority"-when used in reference to age, means of the age of
				  eighteen years or over;
"Minor"-an individual under the age of eighteen years;
"Motion"-if in writing, a legal paper that must be signed,
				  but does not need to be verified, does not plead any facts not of record, and
				  does not require the court to obtain jurisdiction over an Interested
				  Party;
"Objector"-an individual or entity filing objections to an
				  Account and/or Petition for Adjudication/Statement of Proposed Distribution
				  pursuant to Rule 2.7;
"Personal Representative"-the executor or administrator of
				  any description of a decedent's estate;
"Petition for Adjudication/Statement of Proposed
				  Distri-bution"-a uniform, statewide form promulgated by the Supreme Court used
				  in conjunction with the filing of an Account (see Appendix of forms);
"Pleading"-a type of legal paper that must be signed and
				  verified in accordance with Rules
				  3.12 and
				  3.13 and includes, but is not
				  limited to, petitions, answers, replies, and certain preliminary
				  objections;
"Publication"-the publication in a newspaper of general
				  circulation where such newspaper is originally issued and circulated;
"Register of Wills" or "Register"-the Register of Wills or
				  its equivalent having jurisdiction or authority to probate wills and grant
				  letters as provided by
				  20 Pa.C.S. §
										901;
"Supreme Court"-the Supreme Court of the Commonwealth;
"Verified"-when used in reference to a written statement of
				  fact, means supported by the signer's oath or affirmation or made subject to
				  the penalties of
				  18 Pa.C.S. §
										4904
				  relating to unsworn falsification to authorities.