Title 255--LOCAL
COURT RULESCARBON COUNTY Amendment of Orphans' Court Rules; No. 01-9001 [31 Pa.B. 418] Administrative Order 5-2001 And Now, this 2nd day of January, 2001, in order to better utilize judicial resources and address problematic issues which have arisen concerning the proper administration of Orphans' Court matters, it is hereby
Ordered, Adjudged, and Decreed follows:
1. The use of backers is discontinued.
2. Parties shall submit a case initiation cover sheet and a petition/pleading cover sheet together with each pleading filed in the form as follows and marked Appendix A, B, & C or in such form as may be adopted by the Orphans' Court Division from time to time.
3. Releases filed in connection with settlement of estates shall be notarized.
4. This Administrative Order shall become effective on March 1, 2001.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Orphans' Court Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of this Order in the Clerk of Orphans' Court Office.
By the Court
JOHN P. LAVELLE,
President JudgeCourt of Common Pleas of For Clerk of Orphans' Court Use Only (Orphans' Court Number) ___________________________ Carbon County Orphans' Court Division Case Initiation Cover Sheet NAME OF ESTATE _________________ NAME OF FILING PARTY ADDRESS _________________ _________________ FILING PARTY'S RELATIONSHIP TO ESTATE _________________ TYPE OF ESTATE (SEE INSTRUCTIONS) _________________ DOCUMENT FILED (SEE INSTRUCTIONS) _________________ RELATED CASES _________________ RELIEF REQUESTED _________________ TOTAL NUMBER OF INTERESTED PARTIES NUMBER OF INTERESTED PARTIES FORM(S)
ATTACHED_________________ _________________ TO THE CLERK OF ORPHANS' COURT: Kindly enter my appearance on behalf of the ____ estate ____ interested party ______ Papers may be served at the addresses set forth below. NAME OF FILING ATTORNEY OR PARTY ADDRESS (SEE INSTRUCTIONS) _________________ _________________ PHONE NUMBER FAX NUMBER ______ ______ SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS _________________ _________________ SIGNATURE OF FILING ATTORNEY OR PARTY DATE _________________ _________________ INFORMATION FOR USE BY THE CLERK OF ORPHANS' COURT--NOT TO BE RELEASED DATE OF BIRTH DATE OF DEATH SOCIAL SECURITY NO. REGISTER OF WILLS NO. ______ ______ ______ ______ APPENDIX ''A''
Instructions for Completing Case Initiation Cover Sheet Rules of Court require that a Case Initiation Cover Sheet be attached to any document commencing an action. The information requested is necessary to allow the Court to properly monitor, control, and dispose cases filed. A copy of the Case Initiation Cover Sheet must be attached to service copies of the document commencing the action. The attorney or non-represented party filing a case shall complete the form as follows:
A. Parties. i. Name of Estate. Enter the full name of the Estate. The Type of Estate will be identified hereunder. ii. Name and Address of Filing Party. Enter the name of the filing party as well as his/her address at the time of filing of the action. List additional parties on the Interested Parties Form. iii. Set forth the relationship of the filing party to the Estate. (i.e. guardian, administrator, executor, debtor, etc.) B. Type of Estate. Insert the Estate Type by consulting the list set forth hereunder: Minor Decedent's Estate Alleged Incapacitated Person Testamentary Trust Incapacitated Person Inter Vivos Trust Other: Cemetery Trust C. Document Filed. Indicate the type of document filed to commence the action by consulting the list set forth hereunder: Petition for Appointment of Guardian of Minor Account Petition for Appointment of Guardian of Inheritance Tax Matter Alleged Incapacitated Person Report of ______ Petition for Appointment of Guardian Ad Litem Marriage License Petition for Allowance Schedule of Distribution Petition for Sale of Real Estate Petition for ______ Other: D. Related Pending Cases. All previously filed related cases must be identified. E. Relief Requested. Set forth a brief statement of the nature of the request. F. Filing Attorney or Party The name of the filing attorney must be inserted herein together with other required information. In the event the filing party is not represented by an attorney, the name of the filing party, address, the phone number, and signature is required. The Filing Party shall complete the Statistical Information Block at the bottom of the form only on the ORIGINAL Case Initiation Cover Sheet filed with the Clerk, and not the service copies. The information will only be used by the Clerk. The Clerk shall not release this information to the general public.
PLEASE NOTE
APPENDIX ''A''
CARBON COUNTY COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
PETITION/PLEADING COVER SHEET
FOR COURT USE ONLY Estate of: ASSIGNED TO JUDGE: _________________ ___________________________ DATE: ______ Type of Estate: _________________ Do not telephone Judge for status. O.C. No. ______ of ______ Do not send Judge courtesy copies. Name of Filing Party: ___________________________ (Check one) __ Moving Party __ Responding Party Type of Petition/Pleading or Document: C. Has another petition been decided in this case? __ Yes __ No _________________ Is another petition pending? ___ Yes ___ No _________________ If yes, identify the judge, and/or the status of the petition(s). A. Is Notice Required: D. OTHER PARTIES __ No. (Name, address and telephone number of all counsel of record and unrepresented parties. If needed, use separate sheet.) __ No. All required waivers are attached. __ Yes. Copy of notice and certification
attached.Date of Notice: ______ Response Date: ______ B. If Citation is Requested: 1. Was Citation Against Instant Respondent
previously issued?__Yes __No 2. If yes, was it served? __Yes. No additional citation is necessary.
Notice is required.__No. Explain why it was not served. Attach a stamped addressed envelope for each attorney of Record and unrepresented party. By filing this document and signing below, the moving or responding party certifies that no notice was required, or that this petition/response, along with all documents filed, were served upon all counsel and unrepresented parties, in accordance with Carbon _____. Further, the moving or responding party verifies (subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities) that the answers made herein are true and correct and understands that sanctions may also be imposed for inaccurate or incomplete answers. _________________ _________________ (Attorney Signature/Unrepresented Party) (Print Name) (Attorney I.D. No.) This Petition or Pleading will be forwarded to the Court after the Response Date, or immediately if no notice or response is required.
APPENDIX ''B''
Court of Common Pleas of For Clerk of Orphans' Court Use Only (Orphans' Court Number) ___________________________ Carbon County Orphans' Court Division Case Initiation Cover Sheet Estate of:
_________________
Name_________________ O.C. No. ______ of ______
Type of EstateNAME OF INTERESTED PARTY NAME OF INTERESTED PARTY _________________ _________________ RELATIONSHIP TO ESTATE: RELATIONSHIP TO ESTATE: ADDRESS: ADDRESS: _________________ _________________ NAME OF INTERESTED PARTY NAME OF INTERESTED PARTY _________________ _________________ RELATIONSHIP TO ESTATE: RELATIONSHIP TO ESTATE: ADDRESS: ADDRESS: _________________ _________________ NAME OF INTERESTED PARTY NAME OF INTERESTED PARTY _________________ _________________ RELATIONSHIP TO ESTATE: RELATIONSHIP TO ESTATE: ADDRESS: ADDRESS: _________________ _________________ NAME OF INTERESTED PARTY NAME OF INTERESTED PARTY _________________ _________________ RELATIONSHIP TO ESTATE: RELATIONSHIP TO ESTATE: ADDRESS: ADDRESS: _________________ _________________ NAME OF INTERESTED PARTY NAME OF INTERESTED PARTY _________________ _________________ RELATIONSHIP TO ESTATE: RELATIONSHIP TO ESTATE: ADDRESS: ADDRESS: _________________ _________________ Prepared By: _________________ Signature: _________________
Address: ___________________________ Date: ______
APPENDIX ''C''
[Pa.B. Doc. No. 01-70. Filed for public inspection January 19, 2001, 9:00 a.m.]
