York County Orphans’ Court Rules — Rule 5

— Notice —

[York Co. Note to Pa.O.C. Rule 5.1: York County Civil Rule 6210 designates the York Legal Record as the legal periodical for York County. 25 Pa.B. 2048 (5/27/95).]

Rule 5.1.1. Method. Form of Notice.

Except as otherwise provided in these rules or as provided by Act of Assembly, every notice shall contain at least the following information:

(a) the caption of the case;

(b) a description of the nature of the proceeding;

(d) the name of the decedent, settlor, minor, or incapacitated person, if not disclosed by the caption;

(e) the names and addresses of all fiduciaries; and

(f) the name and address of counsel for each fiduciary.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 5.2.1. Method. When No Fiduciary.

Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, notice to a person who is not sui juris and whose interest is not represented by a guardian or trustee shall be given:

(a) to the person, if the person is not sui juris solely by reason of minority but is over fourteen years of age; and

(b) unless the Court by special order shall otherwise direct, to such one or more of the following persons as may exist:

(1) the parents of the person, if the person is an unmarried minor and one or both of the parents are sui juris;

(2) the spouse of the person;

(3) the individual with whom the person resides or by whom the person is maintained;

(4) the superintendent or other official of the institution having custody of the person;

(5) the attorney-in-fact with power to act on behalf of the person under a durable general power of attorney, if known; and

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 5.3.1. Advance Notice.

In any proceeding in which no preliminary decree is required, the notice may be given in advance of the filing of the petition or other application to the Court. In such case the return of notice required by Rule 5.4 and Local Rule 5.4.1 may be included in or attached to the petition. The Court may direct additional notice whenever that is deemed advisable by the nature of the proceeding or the circumstances.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

[York Co. Note to Pa.O.C. 5.4: See Pa.R.C.P. 76 for the definition of “affidavit.” 25 Pa.B. 2048 (5/27/95).]

Rule 5.4.1. Return of Notice. Additional Requirements.

In addition to the requirements of Rule 5.4, the following requirements shall be satisfied:

(a) A copy of the notice required to be given shall be attached to the return.

(b) Return of notice by personal service shall set forth the date, time, place, and manner of service, the identity of the person served, and any other facts necessary for the Court to determine whether proper service has been made.

(c) Return of notice by mail shall set forth the date on which the notice was placed in the mail, the name and address of the person to whom the notice was addressed, and whether the notice was mailed by ordinary mail or by registered or certified mail. In any case where notice is required to be given by registered or certified mail, both the original mailing receipt and the original return receipt signed by or on behalf of the person to be notified shall be attached to the return. If the person making the return has personal knowledge or cause to believe that the notice was not received by the person to be notified, he or she shall so state in the return.

(d) Return of notice by publication shall consist of proof of publication together with an affidavit of publication by the publisher or agent of the publisher.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com