York County Orphans' Court Rules
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HTML Version Copyright
1996 Daniel B. Evans. All rights reserved.
Rule 1. Judges-Local Rules
[York Co. Note to Pa.O.C.
Rule 1.1: See PEF Code
§ 701; See also 2 Pa.C.S. §§ 323, 324,
326, 326 and 1722(a)(1). 25 Pa.B. 2048 (5/27/95).]
(a) The Orphans' Court Rules of the Nineteenth Judicial District,
in conjunction with the Supreme Court
Orphans' Court Rules and all
Acts of Assembly regulating the practice and procedure in the
Orphans' Court, shall regulate the practice and procedure in the
Orphans' Court Division of this Court.
(b) The Rules of the Court of Common Pleas of York County
shall, except where inconsistent with these rules, apply in
Orphans' Court cases.
(c) These rules shall be known as the York County Orphans'
Court Rules and shall be cited as Y.C.O.C.R. The
Supreme Court
Orphans' Court Rules shall be cited as Pa.O.C. Rules.
Note: See Pa.O.C.
Rule 3.1.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
Every paper filed with the Court shall be typewritten, double-
spaced, except for quotations, and shall have a suitable backing
upon which shall be endorsed the name of the estate or other
party, the nature of the proceeding and the phrase, "File
No..." for insertion of such number by the Clerk. Such
backing shall be endorsed by the signature of an attorney
authorized to practice in this Court, or the name of the party if
he or she has no attorney. The name of the attorney or the name of
the party, if he or she has no attorney, shall be typed under the
signature.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
All pleadings and other papers shall be filed in the appropriate
office before they shall be entertained by this Court.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
Cases requiring a hearing before a judge shall include, but shall
not be limited to, voluntary relinquishments of parental rights,
involuntary terminations of parental rights, adoptions,
appointments of guardians, hearings on objections to accounts and
hearings on challenges to grants of letters. Hearings on all such
cases shall be scheduled by the Court.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
The sessions of the Orphans' Court shall be in accordance with the
Court calendar adopted annually.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
Cases requiring argument shall be individually scheduled by order
of the Court upon the filing of a praecipe by counsel with the
Clerk of the Orphans' Court. A copy of this praecipe shall be
provided to the Court.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
When the Court is first required to exercise its jurisdiction over
an inter vivos trust, the original trust instrument or a copy of
it certified by counsel to be true and correct and any amendments
thereto shall be filed with the Clerk. These instruments shall be
indexed and recorded by the Clerk. Any revocation shall be
likewise filed, indexed and recorded. The Rules of Court
applicable to testamentary trusts shall apply, generally, to inter
vivos trusts.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
(a) Individual Sureties. Individuals proposed as sureties
on bonds of fiduciaries shall make an affidavit to the Clerk,
setting forth such information as the Clerk shall require. Each
affidavit shall be filed together with its respective bond. No
member of the Bar or any employee of this Court shall act as
surety in any proceeding in this Court, except by special leave of
Court.
(b) Corporate Sureties. Any corporate surety allowed to
do business in Pennsylvania may act as surety, providing that a
current certificate evidencing approval by the Insurance
Department of the Commonwealth of Pennsylvania, together with a
designation of attorney in fact, is on file with the Clerk.
[Effective 30 days after publication in the Pennsylvania
Bulletin. 25 Pa.B. 2048 (5/27/95).]
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