ERIE COUNTY Revision and Restatement of the Orphans' Court Rules [28 Pa.B. 5852] Order And Now, this 10th day of November, 1998, the following revisions and amendments to the Rules designated as the Local Orphans' Court Rules of the Erie County Court of Common Pleas, Sixth Judicial District, Erie, Pennsylvania are hereby Approved, Adopted and Promulgated as Rules of Court. These Rules shall become effective thirty (30) after publication in the Pennsylvania Bulletin.
JOHN A. BOZZA,
President JudgeRule 1 Judges--Local Rules 1.2.1 The Business of the Court
(a) Motion Court. Unless otherwise ordered by the Court, Motion Court will be held every Monday through Thursday at 9:00 a.m.
(b) Audit List. Accounts are audited on the fourth Monday of each month during the year, except during the months of June and August. Should the Audit day fall on a holiday, the Audit date shall be on the next following business day.
1.2.2 Argument.
Cases requiring argument are heard at a time fixed by the Court.
1.2.3 Attorneys.
(a) Attorney as Surety. An attorney shall act as surety only by special Order.
(b) Notice to Counsel. Notice by or to attorneys shall be in writing, given to the attorney of record or to an employee of his office, and shall be considered notice to the party represented unless personal notice to the party is required.
(c) Removal of Records. No records shall be removed from the office of the Clerk without a written Order of Court. The Clerk shall report to the Court any failure to comply with the Order.
(d) Appearance. Any attorney representing a party in any proceeding in the Orphans' Court Division shall enter a written appearance with the clerk of the Orphans' Court which shall state the attorney's Pennsylvania Supreme Court Identification Number and an address within the Commonwealth at which papers may be served. Written notice of entry of appearance shall be given forthwith to all parties.
1.2.4 Sureties. Individual--Corporate
(a) Individual Sureties. Individuals proposed as sureties on bonds of fiduciaries shall file affidavits on the printed forms supplied by the Clerk. The affidavits and bond shall be filed for approval.
(b) Bond Without Surety. The Court may permit a party in interest to execute an individual bond, without surety upon such conditions as the Court requires.
(c) Corporate Sureties. Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in the Orphans' Court; provided, that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, is filed of record.
(d) Duty of fiduciary. It is the duty of the fiduciary to determine that its surety remains responsible and that any bond remains continuously in effect.
1.2.5 Certificates of Appointments. Fiduciaries.
The Clerk shall not issue a certificate of appointment of any fiduciary until the security, if any, ordered by the Court, has been filed, approved and entered.
1.2.6 Individual Fiduciaries. Assets and Investments.
(a) Segregation and Designation of Assets. Assets subject to the jurisdiction of the Court and held by individual fiduciaries shall be kept separate and apart from their individual assets and, except where otherwise permitted by Act of Assembly, shall be held in the name of the fiduciary as such unless they are left in the name of the decedent, the incapacitated person, or the minor.
(b) Small estates. Where the cash assets of an estate are $1,000.00, or less, the fiduciary may deposit such cash in the attorney's trustee account.
(c) Deposit of Uninvested Funds. All funds held uninvested shall be deposited in financial institutions, the deposit of which are insured by a Federal governmental insurance agency, in such manner as to guarantee that all such funds are fully insured, unless otherwise authorized by the Court.
1.2.7 Corporate Fiduciaries. Approval. Security.
(a) In General. Corporations having fiduciary powers and authorized to do business in this Commonwealth, upon petition and pursuant to approval by the Court, may act as fiduciaries in matters pending in the Court; provided that a current certificate evidencing the approval of the State Banking Department, or a certified copy of the certificate from the Federal Reserve Board granting the right to exercise fiduciary powers, is on file with the Clerk.
(b) Period of Approval. The approval granted by the Court under subparagraph (a) of this Rule shall be for a period of one year and thereafter annually, subject; however, to compliance by the corporation with these Rules and with such other rules and regulations governing approval of continuance as the Court will, from time to time, promulgate.
(c) Security. A bond will not be required of an approved corporate fiduciary except when required by statute or for special cause shown.
1.2.8 Release of Fiduciary and Surety.
No fiduciary, bonding company or corporation that files its own bond, or individuals who become sureties on bonds, will be released from their liabilities on the bond until all of the requirements relative to the administration of the estate have been fulfilled. Any surety may be substituted by special Order of Court, but the old surety shall only be released after filing and confirmation of an account, unless excused from doing so by Order of Court.
1.2.9 Trusts Inter Vivos.
The Rules of Court applicable to testamentary trusts shall apply to trusts inter vivos.
1.2.10 Legal Periodical.
The Erie County Legal Journal is the legal periodical for the publication of legal notices in Erie County.
1.2.11 Return Days.
Return days shall be on such day as may be fixed by Order of Court unless otherwise provided by statute or Rule of the Supreme Court.
Rule 2 Construction and Application of Rules 2.3.1 Definitions.
The following words, when used in these Rules, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
(a) ''Business days'' shall be deemed to include Mondays through Fridays excepting weekdays when the Court House is closed.
(b) ''Common Pleas'' means the Court of Common Pleas of Erie County.
(c) ''Exceptions'' shall mean written objections to a ruling of the Court.
(d) ''Local Rule'' shall mean the Erie County Orphans' Court Rules.
(e) ''Objections'' shall mean written objections to actions of a fiduciary.
(f) ''PEF Code'' shall mean the Pennsylvania Probate, Estates and Fiduciaries Code as found in 20 Pa.C.S.A. § 101, et seq., as shall be amended from time to time.
(g) ''State Rule'' shall mean the Pennsylvania Supreme Court Orphans' Court Rules.
Rule 3 Pleadings and Practice 3.2.1 Pleadings.
The Pleadings in matters before the Orphans' Court are limited to a petition, (including a petition for a citation or for declaratory relief), an answer (which may include new matter), a reply, preliminary objections and an answer to preliminary objections.
(a) New Matter. Any defense which is not a denial of the averments of fact in the petition shall be set forth under the heading ''New Matter''.
(b) Reply. A reply shall be required when New Matter is set forth in the answer.
(c) Preliminary Objections.
(1) Preliminary objections are available to any party, but shall be limited to questions of:
(A) law;
(B) form; or
(C) jurisdiction.
(2) An answer to preliminary objections is limited to the averments of fact concerning jurisdiction set forth in the preliminary objections.
3.2.2 Disposition of Pleadings.
(a) Failure to Answer. If the respondent fails to file a timely answer, all averments of fact within the petition may be deemed by the Court to have been admitted.
(b) Failure to Reply. If the petitioner fails to file a reply to an answer which contains new matter, the averments of fact set forth under the new matter may be deemed admitted and the case will be at issue.
(c) Failure to File an Answer to Preliminary Objections. If the petitioner fails to file an answer to preliminary objections raising questions of jurisdiction, the averments of fact set forth in the preliminary objections may be deemed admitted and the case will be at issue on the preliminary objections.
3.4.1 Form. Additional Requirements.
(a) Typing. Endorsements. Every pleading shall be endorsed with the name, address, Pennsylvania Supreme Court Identification Number and telephone number of counsel and, where practicable, typewritten and double-spaced or printed.
(b) Notice to Plead. Every pleading to which a response is required shall have endorsed thereon, or included therein as the first page thereof, in a conspicuous place, a notice to defend and notice to plead addressed specifically to each party from whom a response is required. The form as required by RCP 1018.1 and RCP 1361 (as said Rules may be in force or hereafter amended) shall be used.
(c) Signature and Verification. All pleadings shall be signed by the attorney and verified by at least one of the parties involved. If this is impracticable, they may be signed and verified by someone familiar with the facts, in which case the reason for the failure of the parties to do so shall be set forth.
(d) Decree. Every proposed decree shall bear the caption of the case and shall be attached to the petition.
(e) Consents. The petition shall recite that all necessary consents are attached or shall set forth the names of the persons who do not consent. The Court may direct that notice be given or that a citation be directed to persons who do not consent to show cause why the prayer of the petition shall not be granted.
(f) Paper Size. No paper or other document may be filed in the Register of Wills or Clerk of Orphans' Court Division other than paper 8 1/2" x 11" in size. The only exception to this Rule is the filing of a Will.
(g) Cover Sheet. All motions presented at motion Court shall include a completed motion Court cover sheet in the form required by the Court.
(h) Notice Requirements Prior to Presentation at Motion Court.1 Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, other than a Rule to Show Cause which grants no relief, opposing counsel and unrepresented parties must be given notice, subject to the following:
(1) Contents of Notice. The notice must give the date and time when the motion or petition will be presented to the Court and must be accompanied by a copy of the proposed motion and Order.
(2) Certification of Notice. The motion or petition must contain a certificate signed by counsel verifying that proper notice was given under this Rule.
(3) Length of notice required. Except where otherwise required under the Local Rules, the following notice shall be required:
(A) Two (2) full business days' notice must be given by personal delivery or facsimile transmission to each party or their counsel's office, or
(B) Five (5) full business days' notice must be given if notice is by mail.
(4) Failure to give notice. The Court will not enter an Order on a petition or motion without the Certificate of Notice being attached unless a special cause is shown to the Court.
3.5.1 Service of Copies of Pleadings.
(a) Pleadings. A copy of every pleading filed in a case shall be promptly served upon counsel of record for all parties in interest; or, in the absence of counsel, upon the parties themselves.
(b) Briefs. All briefs shall be filed directly with the Clerk of the Court, with copies to the Judge and to all parties of record or their counsel of record.
3.6.1 Depositions, Discovery and Production of Documents.
The procedure relating to depositions, discovery and production of documents shall be governed by special Order of Court.
(a) Leave to take depositions and/or to obtain discovery or production of documents shall be granted only upon petition with good cause shown, except upon agreement of counsel.
(b) In the case of a will contest, no discovery shall be allowed prior to the filing of the contest or caveat.
3.6.2 Perpetuation of Testimony.
The procedure relating to perpetuation of testimony shall be governed by special Order of Court in every case.
3.7.1 Pre-trial Conference.
In any action the Court, of its own motion or on motion of any party, may direct the attorneys for the parties to appear for a conference to consider:
(a) The simplification of issues;
(b) The necessity or desirability of amendments to the pleadings;
(c) The possibility of obtaining admissions or stipulations of fact and documents which will avoid unnecessary proof;
(d) The limitation of the number of expert witnesses; and
(e) Such other matters as may aid in the disposition of the action.
The Court may make an Order reciting the action taken at the conference, the amendments allowed to the pleadings and the agreements made by the parties as to any of the matters considered and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such Order when entered shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice.
Rule 5 Notice 5.1.1 Method of Serving Notice. Public Sale of Real Property.
Notice of the public sale of real property shall be given:
(a) By advertisement once a week for three successive weeks in the Erie County Legal Journal and at least in one other newspaper of general circulation in Erie County; and
(b) By handbills, one of which shall be posted at a conspicuous place on the real property to be sold, and at least three of which shall be posted in three public places in the vicinity of such real property; and
(c) By personal notice, sent via registered or certified mail, to all parties in interest, of the time and place of the proposed sale, at least ten days prior to the time set for the sale of the property.
5.2.1 Method of Serving Notice. Person under Incapacity With No Fiduciary.
Whenever notice is to be given to a person who is not sui juris, for whom there is no guardian or trustee, notice shall be given by serving it upon said person, if more than fourteen years of age, and, in all cases, upon
(a) Said person's spouse; or
(b) Next of kin; or
(c) The person with whom said person resides or by whom said person is maintained; or
(d) The superintendent or other official of the institution having custody of said person; or
(e) In such manner as the Court, by special Order, may direct.
5.2.2 Method of Serving Notice. Presumed Decedents and Unascertained Persons.
Notice to be given to an absentee, a presumed decedent, or to an unknown or unascertained person, shall be given in the manner provided by Act of Assembly, or, in the absence thereof, in such manner as the Court, by special Order, shall direct.
5.4.1 Return of Notice. Additional Requirements.
(a) Copy of Notice to be Attached. A copy of the notice required to be given shall be attached to the petition or return and shall set forth the date the notice was served.
(b) Personal Service. Return of personal service of notice shall set forth the date, time, place and manner of service, and that a true and correct copy of the notice was handed to the person served.
(c) Registered or Certified Mail. Return of notice by registered or certified mail shall set forth the date and place of mailing and shall include the return receipt, or a photostatic copy thereof. When the person who gives notice by registered or certified mail has personal knowledge or cause to believe that such notice was not received by the person to be notified, he shall so state in the return. When a person resides in a foreign country, a statement that the notice was so mailed to that person at the designated address shall be sufficient unless otherwise ordered.
(d) Publication. Return of notice by publication shall consist of proofs of publication, together with affidavits of publication by the publisher or his agent.
5.4.2 Petitions for Approval or Confirmation of Public Sale.
Petitions for approval or confirmation by the Court of the public sale of real property shall be verified and shall set forth:
(a) The notice as given as provided by Rule 5.4.1(a);
(b) The price obtained; and
(c) The name and address of the purchaser and an averment that the purchaser was the highest bidder.
5.6.1 Legatees, Devisees and Beneficiaries of Dispositive Instruments. Notice to Named Individuals.
In every proceeding involving a dispositive instrument requiring the filing of a Pennsylvania Inheritance Tax Return (including, inter alia, wills and inter-vivos trusts), the Fiduciary shall within three (3) months after the probate of the Will, or within six (6) months of the happening of the event giving rise to the disposition of any interest in any property, whichever shall first occur, notify all individuals and institutions named in said dispositive instrument of the probate or the happening of the event giving rise to the disposition of the interest. The notice shall be submitted by regular U. S. Mail and shall include the following:
(a) In the case of a will2 :
(1) The name of the decedent and date of death;
(2) The date that a Will has been probated and the location;
(3) Notification that the addressee has been named as a legatee or devisee in said will;
(4) The address where a copy of the will can be acquired, if desired.
(b) In the case of a dispositive instrument other than a will:
(1) The name of the creator of the property interest;
(2) The nature of the property interest created;
(3) Notification that the addressee has been named as a beneficiary in said dispositive instrument and a copy of such instrument or a description of the beneficiary's interest under the terms of the instrument;
(4) The address where a copy of the dispositive instrument can be acquired, if desired.
Rule 6 Accounts and Distributions 6.1.1 Accounts. Form. Additional Requirements.
In addition to the requirements of State Rule 6.1, accounts shall meet the following requirements:
(a) Form. Except as herein provided, all accounts shall be in the form approved by the Pennsylvania Supreme Court and known as the Uniform Fiduciary Accounting Standards. Should the account fail to comply with the said accounting standards, the Clerk shall notify the Accountant to immediately comply prior to twenty (20) days before the Audit Day. The corrected account shall be given to all parties in interest. A failure to correct the account shall result in the account being stricken.
(b) Paper. Accounts shall be stated on 8 1/2" by 11" paper, fastened together securely at the top and numbered consecutively at the bottom.
(c) Use of forms provided by Register of Wills. Accounts may continue to be stated in conformity with and on forms provided by the Register of Wills.
6.1.2 Reporting Requirements for Sales and Purchases Between Estate and Accountant.
The account shall specifically describe and indicate the amount:
(a) Of the purchase price for all assets which have been purchased from the estate by the accountant, individually, as a fiduciary or in any other capacity; and
(b) Received for all assets sold to the estate which are owned by the accountant, individually, as a fiduciary or in any other capacity.
6.1.3 Execution and Verification of Account.
Every account filed with the Register or Clerk shall be signed by each accountant, unless special leave of Court is obtained, and shall be verified by at least one accountant. It must be sworn or affirmed:
(a) That the disbursements claimed have been made to the parties entitled thereto;
(b) That the account as stated is true and correct;
(c) That notice has been given to each unpaid creditor, whether or not payment is contested;
(d) In a decedent's estate, that four months have elapsed from the date of the first complete advertisement of the original grant of letters, unless the accountant has been directed by the Court to file an account prior to that time.
6.1.4 Receipts for Disbursements.
Disbursement receipts or canceled checks of five hundred dollars ($500.00), or more, or reproduced copies of either, shall be presented with the account; except corporate fiduciaries in lieu thereof may file copies of their ledger sheets showing disbursements. In the case of inheritance taxes, bequests and distributive shares, all receipts or canceled checks or reproduced copies of either shall be filed with the account without regard to the amount thereof.
If counsel for the fiduciary certifies that a receipt or cancelled check executed by the distributee is not available despite good faith efforts to obtain same, a photocopy of the front of the check accompanied by evidence of payment by the bank shall be acceptable.
6.1.5 Small Estates.
Where an estate does not exceed in value the amount fixed by the PEF Code as a small estate, an account may be filed and confirmed in accordance with the applicable Statutory authority. Petitions for the Settlement of Small Estates must conform to the PEF Code, this Rule and Local Rules 7 and 12.0.1.
6.2.2 Accounts of Guardians of the Estates of Minors.
The guardian of the estate of a minor shall submit to the Court with the audit statement and account:
(a) A statement of the manner and date of appointment of the guardian;
(b) A statement that notice of the audit has been given to all known, unpaid claimants;
(c) If a final account because the minor has attained majority, a statement, setting forth:
(1) the date the minor attained majority;
(2) that the former minor examined the account;
(3) that the former minor has received the money or benefit of the money for which credit is taken in the account;
(4) that the former minor approves the account and requests that it be confirmed;
(5) that, upon distribution to the former minor of the balance shown therein, subject to such additional credits as may be authorized by law and set forth in the adjudication, that the guardian shall be discharged; and
(d) If the minor is deceased, or has been adjudged an incapacitated person, a statement of proposed distribution to a duly appointed fiduciary.
6.3.1 Notice to Parties in Interest.
No account shall be confirmed unless:
(a) The accountant has mailed or given to each distributee or the distributee's attorney of record, except where a specific legatee has been paid in full, a complete account and written notice of the filing thereof in accordance with Local Rule 7.1.2(b); and
(b) The accountant has given notice to each unpaid creditor, whether or not payment is contested in accordance with Local Rule 7.1.2(b).
6.4.1 Filing for a Particular Audit.
Accounts to appear on a particular audit list must be filed not later than the seventh Wednesday preceding the day on which the list is audited.
6.4.2 Postponement or Adjournment and Method of Audit.
Audits may be postponed or adjourned at the discretion of the Auditing Judge. Accounts shall be audited by the Auditing Judge, who shall give written notice to counsel for the accountant of:
(a) Any objections and the hearing dates thereon;
(b) Any conditions precedent to confirmation of the account;
(c) Confirmation; and
(d) Any other matters deemed appropriate by the Court.
6.4.3 Attendance at Audit not Required.
Attendance at the audit by the accountant, by the attorney for the accountant or any interested party shall not be required.
6.6.1 Advertisement of Accounts.
The Clerk shall give notice of all accounts filed both in the Clerk's Office and in the Office of the Register of Wills and of the time and place of audit by advertising once a week for four (4) successive weeks in the legal periodical and in one newspaper of general circulation published in Erie County.
6.6.2 Filing.
Accounts received by the Clerk or by the Register and found to violate any provision of these Rules or the State Rules will not be docketed.
6.9.1 Audit Statement.
(a) The Audit Statement shall be signed by each accountant and verified by at least one of them, which Affidavit shall state that a copy of the proposed distribution has been mailed or given to each unpaid creditor and to each distributee or his attorney of record, except to specific legatees who have been paid in full, which notice shall state that written objections must be filed at least four (4) days prior to the date of audit. The Audit Statement shall include a statement of proposed distribution.
(b) The Audit Statement shall be filed not later than four (4) weeks prior to the date of the audit. A copy of the Audit Statement shall be served on all parties in interest not later than twenty (20) days prior to the Audit date.
6.9.2 Unknown or Non-Resident Distributees. Report by Fiduciary.
Whenever it shall appear at the audit of an account that the identity or whereabouts of a distributee is unknown, or that if distribution is made, the beneficiary would not have the actual benefit, use, enjoyment or control of the money or other property to be awarded, and the Court is requested to withhold distribution or to make a provisional award thereof to the accountant, to the Clerk of the Orphans' Court, or to the State Treasury through the Department of Revenue, or in any manner other than to the distributee or the nominee of said distributee, the fiduciary or his counsel shall submit to the Court or auditor, as the case may be, a written report outlining the investigation made and the facts upon which the request is based.
6.9.3 Contents of Report.
The report shall be submitted at the audit and shall include substantially the following:
(a) Unknown Distributee. If it appears that the identity or whereabouts of a distributee is unknown, or there are no known heirs, the fiduciary shall submit a written report at the audit, verified by the fiduciary or the fiduciary's counsel, in which shall be set forth:
(1) The nature of the investigation made to locate the heirs of the decedent, in complete detail; and
(2) In cases of intestacy, or where there are no known heirs, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain. The term ''investigation'', as used in this Rule, shall include inquiry of or to as many of the following as may be pertinent and feasible: residents of the household in which the decedent resided; friends and neighbors; beneficial organizations; insurance records; church membership, school records; social security, Veterans' Administration or military service records; naturalization records, if not native born; and such other sources of information as the circumstances may suggest.
(b) Non-Resident Distributees. If the fiduciary requests the Court to withhold distribution to a non-resident distributee, he or she shall submit a written report at the audit, verified by the fiduciary or the fiduciary's counsel, in which shall be set forth:
(1) The relationship of the distributee to the decedent, and any available information concerning his present whereabouts;
(2) In cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain; and
(3) The reasons for the request that distribution be withheld, and the suggested manner of withholding.
6.9.4 Additional Receipts and Disbursements.
Receipts and disbursements since the date to which the account was stated and to be included in the adjudication, shall be set forth in the statement of proposed distribution or in a separate statement attached thereto.
6.10.1 Objections to Account or Statement of Proposed Distribution. Form, Notice and Time.
(a) Objections to an account or statement of proposed distribution shall be filed at least four (4) days prior to the audit.
(b) Each objection shall be specific as to description and amount.
(c) Objections shall be filed with the Clerk of the Orphans' Court.
(d) A copy of the objections shall be served promptly after filing upon the Court by mailing or delivering a copy to the Auditing Judge, upon counsel for the accountant and counsel for all other parties who have entered appearances.
(e) The Court, for cause shown, may extend the time for filing of objections; provided that a request for extension of time by any person or entity having received notice of the account and statement of proposed distribution has been filed or presented prior to the date of the audit.
(f) Failure by a party or entity to whom notice of the account and statement of proposed distribution has been given in accordance with these Local Rule 6.9.1 to file timely objection or to request an extension of time in which to file objections shall constitute a waiver of objections.
6.11.1 Schedule of Distribution: Confirmation of Title to Real Property.
Approval of a schedule of distribution shall be in the nature of a confirmation of title in the respective distributees.
(a) Separate Awards of Real Property. A schedule of distribution shall set forth separate awards of real property in separate paragraphs.
(b) Description of Real Property. Certification by Counsel. Real property shall be described in the manner appearing in the last deed of record and shall, in addition, include information pertinent to the derivation of decedent's title.
6.11.2 Determination of Title to Real Property. PEF Code Section 3546.
(a) Contents of Petition. A petition under PEF Code Section 3546 for the determination of title shall set forth:
(1) The name of the petitioner and the relationship of the petitioner to the decedent;
(2) The facts on which the claim of the petitioner is based;
(3) Whether the decedent died testate or intestate, and where, when and to whom letters were granted;
(4) A description of real property located within the Commonwealth, and the place, book and page of recording the last deed thereto;
(5) The names and addresses of all known creditors and parties in interest; and
(6) The facts material to a determination of the title.
(b) Exhibits. The following exhibits shall be attached to the petition:
(1) The notice which has been given to creditors, parties in interest; and, if the heirs of the decedent are unknown, a copy of the notice given to the Attorney General; and
(2) A copy of the decedent's Will.
(c) Service. The decree shall be served on all known heirs and creditors of the decedent thirty (30) days prior to final confirmation, which must be at least three (3) months after the date of the decree nisi. The final confirmation date shall be advertised once in the legal publication and once in a newspaper of general circulation, or as the Court shall otherwise direct.
Rule 7 Exceptions 7.1.1 Filing of Exceptions.
Exceptions authorized by this Rule shall be filed in the office of the Clerk of the Orphans' Court.
7.1.2 Finality of Certain Orders, Decrees and Adjudications.
(a) Orders, Decrees and Adjudications entered in the following matters where no objections have been filed or asserted prior to their entry and those which dispose of objections filed or asserted in timely fashion shall be final and not subject to further exceptions:
(1) An Adjudication approving an account and distribution as set forth on an audit statement or statement of proposed distribution; and
(2) Where not less than ten (10) business days' written notice of intention to present the petition and a copy of the petition and proposed Order or Decree has been given to all parties in interest:
(A) Those approving settlement of a small estate on petition or settlement of an estate, guardianship or trust administration;
(B) Those approving public or private sale of real estate;
(C) Those approving a claim for family exemption;
(D) Those entered upon petition in other matters where such notice has been given.
(b) Where the moving party has given to all parties in interest not less than ten (10) business days' written notice of intention to present a petition specified in this Rule including the date, time and place of filing, presentation or in the case of an account, audit statement or statement of proposed distribution, has given notice of the filing and deadline for filing written objections in accordance with the requirements of the Local Rule 6.9.1(b) and in each case has served all parties in interest with such notice a copy of such petition, account, audit statement or statement of proposed distribution and proposed decree, if any, the failure by a party in interest to assert objection to such document and/or proposed Order or Decree prior to entry thereof shall constitute a waiver of objections thereto. In such event, exceptions to such Order, Decree or Adjudication shall not be authorized or allowed.
(c) All accounts, audit statements, statements of proposed distribution and petitions subject to this Rule to which objections must be asserted in timely fashion or are waived shall be accompanied by a notice to all parties in interest, signed by the moving party or that party's counsel and substantially in the following form:
(CAPTION)
NOTICE AS REQUIRED BY ERIE COUNTY ORPHANS' COURT RULE 7.1.2 (c) THE ATTACHED DOCUMENT REQUESTS THAT THE COURT ENTER A FINAL ORDER OR DECREE AND AUTHORIZE THE REQUESTED ACTION WITHOUT FURTHER PROCEEDINGS OR APPEAL UNLESS A PARTY IN INTEREST PROMPTLY ASSERTS OBJECTIONS TO THE REQUESTED RELIEF.
[select one or the other of the following paragraphs]
OBJECTIONS TO AN ACCOUNT, AUDIT STATEMENT OR STATEMENT OF PROPOSED DISTRIBUTION MUST BE FILED IN WRITING IN THE OFFICE OF THE ERIE COUNTY CLERK OF THE ORPHANS' COURT, ERIE COUNTY COURT HOUSE, 140 WEST 6TH STREET, ERIE, PA 16501 NOT LATER THAN THE DEADLINE FOR FILING OBJECTIONS, WHICH IS ______ .
OR
OBJECTIONS TO A PETITION MUST BE ASSERTED EITHER AT THE TIME OF THE PETITION'S PRESENTATION TO THE COURT AS SET FORTH IN A NOTICE ACCOMPANYING THE PETITION OR BY A WRITING FILED IN THE OFFICE OF THE ERIE COUNTY REGISTER OF WILLS PRIOR TO THE DATE AND TIME OF INTENDED PRESENTATION.
IF YOU DO NOT OBJECT TO THE ATTACHED DOCUMENT, YOU ARE NOT OBLIGATED TO TAKE ANY ACTION. IF YOU DO OBJECT TO THE DOCUMENT AND/OR THE PROPOSED ORDER OR DECREE, YOU MUST ASSERT YOUR OBJECTIONS PRIOR TO THE APPLICABLE DEADLINE FOR ACTION. IF YOU FILE WRITTEN OBJECTIONS, YOU MUST MAIL A COPY OF SUCH OBJECTIONS TO THE UNDERSIGNED AND TO ALL OTHER PERSONS WHO ARE PARTIES TO THE MATTER, OR THEIR ATTORNEY(S).
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Erie County Lawyers' Referral Service
302 West 9th Street
Erie, PA 16502-1427
Telephone: (814) 459-4411______
______
Mailing Date
Attorney for7.1.3 Finality of Other Orders and Decrees.
All other Orders and Decrees entered in proceedings shall be final as of the date of filing unless exceptions thereto are taken within ten (10) days after the date of filing thereof.
7.1.4 Effect of Exceptions Upon Decree Nisi.
(a) An exception to any part of a Decree Nisi shall stay the entire Decree, so that the Decree shall not be a final Order until the exception(s) is/are disposed of.
(b) After expiration of the time for filing of exceptions, the Court upon petition filed by any party may enter an Order or Decree declaring those portions of the Decree Nisi not excepted thereto final and binding pending entry of a Final Decree after consideration of the exceptions that have been filed.
(c) Such interim Order or Decree shall not render the original Decree Nisi or any portion thereof a final Order for purposes of appeal, the Final Decree after consideration of exceptions constituting such final Order.
7.1.5 Exceptions to Orders and Decrees.
(a) Additional Exceptions. In the event exceptions are filed by any party, all other parties shall have an additional period of ten (10) days from the service of the initial exceptions within which to file additional exceptions.
(b) Form of Exceptions. All exceptions shall set forth, with particularity and in numbered paragraphs, the portion(s) of the Order to which exception is taken and the basis for each exception. Only one exception shall be made per paragraph.
