Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part A - Petition Practice › Rule 3.4 - Form of Petition; Exhibits; Consents; Signing and Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
				  the requirements of Rules 3.2 and 3.3, a petition shall set forth:
(1) a title indicating briefly the purpose of
				  the petition;
(2) a concise
				  statement of the facts relied upon to establish the court's jurisdiction and to
				  justify the relief requested;
(3)
				  The questions of law with respect to the petition and the relief
				  requested;
(4) if the trust
				  includes a charitable interest for which notice is required under Rule
				  4.4, whether the Office of the
				  Attorney General has been given notice, whether the Office of the Attorney
				  General has issued a statement of no objection to the petition, or the reason
				  for failing to give the Office of the Attorney General notice;
(5) The names and addresses of every
				  interested party who has an interest in the matter that is the subject of the
				  petition;
(6) The name of any
				  individual who is an interested party but is not
sui juris
,
				  along with the following information:
(i) The
				  name and address of the guardian, agent under power of attorney, or another
				  individual being proposed to represent such individual, if any;
(ii) if such individual is a minor and no
				  guardian has been appointed for such minor's estate, the minor's age, the names
				  and addresses of his or her parents, and the individual with whom he or she
				  resides or the facility at which he or she resides; and
(iii) if the non-
sui juris
individual is proposed to be represented in the matter at issue by another
				  individual or entity pursuant to
				  20 Pa.C.S. §§
													751(6) or
				  7721-7726, then
				  subparagraph (7) of this Rule shall also apply;
(7) The name of each interested party
				  (whether
sui juris
or not) who is not receiving notice of the
				  filing of the petition because another individual or entity is proposed to
				  represent such interested party pursuant to
				  20 Pa.C.S. §§
												751(6) or
				  7721-7726, and shall set
				  forth additional facts as to the following:
(i) a statement of the interested party's
				  interest in the property; and
(ii)
				  for representation being proposed pursuant to
				  20 Pa.C.S. §
													751(6),
(A) a statement that the interested party is
				  not
sui juris
or is unborn, unknown or unascertained;
				  and
(B) one of the following:
(I) a statement that the proposed
				  representative has an interest in the property similar to that of the
				  interested party who is not
sui juris
or is unborn, unknown or
				  unascertained; or
(II) a statement
				  that the proposed representative is the
sui juris
living
				  ancestor of the interested party who is not
sui juris
or is
				  unborn, unknown or unascertained and that such living
sui juris
ancestor has an interest in the property that is not adverse to that
				  of the interested party who is not
sui juris
or is unborn,
				  unknown or unascertained; and
(iii) for representation in trust matters
				  being proposed pursuant to
				  20 Pa.C.S. §§
													7721-7726,
(A) an explanation about how the interested
				  party's interest in the property can be adequately represented by the proposed
				  representative pursuant to
				  20 Pa.C.S. §
														7723,
(B) a statement that with respect to the
				  matter at issue there is no conflict of interest between the proposed
				  representative and the interested party to be represented that will or might
				  affect the impartiality of the proposed representative (except as provided
				  pursuant to
				  20 Pa.C.S. §
														7723(7)); and
(C) one of the following:
(I) either a statement that the proposed
				  representative has been informed of the right to decline such representation
				  pursuant to
				  20 Pa.C.S. §
															7725
				  within the time period set forth therein and has failed to inform the trustee
				  in writing that he or she declines to be the proposed representative;
				  or
(II) that the proposed
				  representative's signed consent to serve is attached as an exhibit to such
				  petition; and
(8) a prayer for the relief
				  desired.