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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