[39 Pa.B. 1478]
[Saturday, March 28, 2009]
[Continued from previous Web Page] 12.6.1 Appointment of Trustee. Exhibits.
The following exhibits shall be annexed to the petition:
(a) A copy of the trust instrument;
(b) The consent by the proposed trustee to act as such; and
(c) Any consents or joinders of parties in interest.
12.6.2 Appointment of Successor Co-Trustee.
When the governing instrument requires two or more co-fiduciaries and one is unable to serve for any reason, it shall be the obligation of the other fiduciary to petition the Court for the appointment of a successor co-fiduciary.
12.7.1 Discharge of a Personal Representative. Section 3531--PEF Code.
When the gross real and personal estate of a decedent does not exceed the amount established by statute, the personal representative, after the expiration of one year from the grant of letters, may present a petition to the Court with an account attached under the provisions of Section 3531 of the PEF Code. The petition shall conform as far as practicable to the requirements of a petition for settlement of a small estate under the provisions of Section 3531 of PEF Code.
12.9.1 Public Sale. Contents of Petition. Additional Requirements.
(a) Personal Representative. A petition by a personal representative to sell real property at public sale, under Section 3353 of the PEF Code shall set forth in separate paragraphs:
(1) The name, residence and date of death of the decedent, whether the decedent died testate or intestate and the date of the grant of letters;
(2) That the personal representative is not otherwise authorized to sell by the PEF Code; or is not authorized or is denied the power to do so by the Will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons;
(3) Whether an inventory and appraisement have been filed, the total value of the property shown therein; and the value at which the real property to be sold was included therein;
(4) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond;
(5) The names and relationships of all parties in interest; a brief description of their respective interests; whether any of them are minors, adjudicated incapacitated or deceased, and, if so, the names and the record of the appointment of their fiduciaries, if any;
(6) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current common level ratio value (current county tax assessment × common level ratio factor); and
(7) Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
(b) Trustee. A petition by a trustee to sell real property at public sale, under Section 3353 of the PEF Code, shall also set forth in separate paragraphs:
(1) How title was acquired, stating the date and place of probate of the Will or recording of the deed;
(2) A recital of the relevant provisions of the Will or deed pertaining to the real property to be sold, and the history of the trust;
(3) The names and relationships of all parties in interest; a brief description of their respective interest; whether any of them are minors, adjudicated incapacitated or deceased, and if so, the names and record of appointment of their fiduciaries, if any;
(4) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current common level ratio value (current county tax assessment × common level ratio factor);
(5) That the trustee is not otherwise authorized to sell by the PEF Code, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reason; and
(6) Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust.
(c) Guardian of Minor. A petition by a guardian to sell real property at public sale, under Section 3353 of the PEF Code, shall set forth in separate paragraphs:
(1) The age of the minor;
(2) The names of the minor's next of kin and the notice given them of the presentation of the petition;
(3) How title was acquired, stating the date and place of probate of Will or recording of the deed;
(4) A recital of the provisions of the Will or deed relating to the real property to be sold;
(5) The nature and extent of the interest of the minor, of the guardian and of third persons in the real property;
(6) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current common level ratio value (current county tax assessment × common level ratio factor); and
(7) Sufficient facts to enable the Court to determine that the proposed sale will be in the best interest of the minor.
(d) Guardian of Incapacitated Person. A petition by a guardian to sell real property at public sale, under Section 3353 of the PEF Code, shall set forth in separate paragraphs the same information as required for the sale by a guardian of a minor with sufficient additional facts to enable the Court to determine that the proposed sale will be in the best interest of the incapacitated person.
12.9.2 Public Sale. Exhibits.
The following exhibits shall be attached to the petition by a personal representative, trustee or guardian, to sell real property at public sale:
(a) Certification that ten (10) business days' notice has been given to those parties who do not consent or join; and
(b) Consent by any mortgagee whose lien would otherwise not be discharged by the sale.
12.9.3 Public Sale of Real Property. Notice. Confirmation.
(a) Notice. After the allowance of a petition for public sale, notice in approved form of the proposed sale shall be given in the manner provided by Local Rule.
(b) Confirmation. If no objection is filed, the Court may enter a decree confirming the sale upon submission of a return of sale as provided by Local Rule.
12.9.4 Public Sale. Security.
On the return day of the sale, the Court, in the decree approving or confirming the sale, may fix the amount of security or additional security which the personal representative, trustee or guardian may be required to enter, or will excuse the fiduciary from entering additional security.
12.10.1 Private Sale. Contents of Petition. Additional Requirements.
(a) Where the power to sell real property is not granted by the will, trust instrument or statute, a petition by personal representative, trustee or guardian, to sell real property at private sale shall also conform as closely as practicable to all requirements of these Rules with regard to a petition to sell real property at public sale.
(b) When seeking Court approval of a private sale or transfer to a personal representative under 20 Pa.C.S.A. § 3356 and/or Pennsylvania Orphans' Court Rule 12.10, the petitioner may avoid the need to present/secure a second affidavit of value provided that all possible beneficiaries execute a written consent to the relief requested within the petition. The consent shall state that the consenting beneficiary:
(1) has reviewed the petition and affidavit attached to the petition;
(2) is satisfied with the value expressed therein, and
(3) waives the requirement that a second affidavit of value be presented.
The Court Order attached to the petition approving the sale shall not address issues related to the title of the purchaser.
12.10.2 Private Sale. Exhibits.
Personal Representative. Trustee. Guardian. The following exhibits shall be attached to the petition by a personal representative, trustee or guardian to sell real property at private sale:
(a) Certification that ten (10) business days notice has been given to those parties who do not consent or join; and
(b) A copy of the agreement of sale; and
(c) Affidavits in the form required by State Rule 12.10(b) unless otherwise ordered by the Court.
12.10.3 Private Sale. Higher Offer.
Any person desiring to make a substantially higher offer for real property offered at private sale may do so at the time the petition of the fiduciary for leave to make such private sale is presented to the Court, whereupon the Court will make such Order as it deems advisable under the circumstances.
12.10.4 Private Sale. Security.
The Court, in the decree approving or confirming the sale, may fix the amount of security or additional security which the personal representative, trustee or guardian may be required to enter, or will excuse the fiduciary from entering additional security.
12.10.5 Petition to Fix or Waive Additional Security. Personal Representatives.
(a) Form of Petition. In a sale, whether public or private, of real estate by a personal representative acting without benefit of an Order of Court directing or authorizing such sale, but who was required to give bond, the personal representative shall present a petition to the Court before the proceeds of the sale are paid by the purchaser, setting forth:
(1) The date of death of the decedent;
(2) The date of the grant of letters to the petitioner;
(3) The amount of the bond or bonds filed by the petitioner, the date of such filing and the name or names of the surety;
(4) The total valuation of the personal estate as shown in the inventory and appraisement, if any; and the total proceeds of any real estate sold previously;
(5) A short description of the real property sold, the name of the purchaser, the amount of the consideration to be paid and the terms of the sale;
(6) A list of all liens of record known to petitioner, including mortgages, delinquent taxes, judgments, etc., and the names and relationships of all parties in interest; with a brief description of their respective interests; and
(7) A prayer for an Order fixing the amount of additional security or for an Order excusing the filing of additional security.
(b) Surety on Additional Bond. The surety on any additional bond, except for cause shown, shall be the same as on the original bond.
12.11.1 Mortgage of Real Property. Additional Requirements.
(a) Contents of Petition. A petition to mortgage real property by a personal representative, trustee or guardian, shall conform as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed mortgage loan; and shall set forth sufficient facts to enable the Court to determine whether the proposed mortgage should be approved.
(b) Exhibits. There shall be attached to the petition certification that ten (10) business days' notice has been given to those parties who do not consent or join.
12.12.1 Inalienable Property.
In addition to the requirements of Chapter 83 of the PEF Code and State Rule 12.12, in the case of
(a) Public Sale. The content of the petition, required exhibits, notices, confirmation and security shall conform to the requirements of Rule 12.9.1 through 12.9.4.
(b) Private Sale. The content of the petition, required exhibits, provisions as to higher offers, security and petitions to fix or waive additional security shall conform to the requirements of Rule 12.10.1 through 12.10.5.
(c) Mortgage. The content of the petition, required exhibits, notices and action on security shall conform to the requirements of Rule 12.11.1
12.12.2 Notice. Discretion of Court.
If it appears that all parties having a present or potential interest may not have been identified or served with notice, the Court shall have discretion to issue a citation and require such additional notice as it deems appropriate.
12.12.3 Inalienable Property. Real Estate or Fiduciaries in Other Counties.
(a) Fiduciaries whose appointments originated in this county shall obtain leave of this Court to petition the Court of another county of this Commonwealth, under the Inalienable Property Act, to sell or mortgage real property located in that county. Such leave may be obtained by petition to this Court setting forth briefly the substantial averments of a petition for the sale or mortgage of real property.
(b) Fiduciaries whose appointments originated in other counties of this Commonwealth shall obtain leave of the Court of their appointment to petition this Court under Inalienable Property Act to sell or mortgage real property located in this County. The petition to this Court shall comply with the provisions of these Rules with regard to the sale or mortgage of real property and shall include, as exhibits, copies of the petition and of the decree of the Court of origin.
RULE 13
DISTRIBUTION--SPECIAL SITUATIONS 13.3.1 Unknown Distributee. Contents of Report.
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 time of the filing of the audit or petition to settle a small estate, verified by affidavit of the fiduciary or his counsel, in which shall be set forth the nature of the investigation3 made to locate the heirs of the decedent, in complete detail.
RULE 14
INCAPACITATED PERSONS 14.1.1 Procedure.
(a) All petitions requiring a hearing shall first be submitted along with a petition cover sheet, proposed Order for scheduling a hearing and proposed final decree to the Family/Orphans' Court Administrator at such times as provided in Erie County Civil Rule 304 for assignment of a hearing date.
(1) Upon the assignment of a hearing date by the Family/Orphans' Court Administrator, the original Petition or Motion and one copy shall be filed with the Clerk of the Orphans' Court. A copy shall also be given to the Family/Orphans' Court Administrator.
(2) All other pleadings not requiring a hearing shall be filed directly with the Clerk of the Orphans' Court.
(b) Emergency petitions requiring the immediate attention of the Court shall be presented to the Family/Orphans' Court duty judge.
(c) The petitioner shall provide a copy of the petition and any Orders or proposed Orders to the Clerk of the Orphans' Court who shall prepare and attach a Citation and Notice as required by PEF Code § 5511(a).
(d) The petition and citation shall be served personally upon the alleged incapacitated person by the Orphans' Court Investigator.
(e) The petitioner shall serve a copy of the guardianship petition and the Notice of Guardianship form provided by the Clerk of the Orphans' Court by first class mail to the following persons:
(1) All persons who are sui juris and would be entitled to share in the estate of the alleged incapacitated person if he or she died intestate at the time;
(2) The person or institution providing residential services to the alleged incapacitated person;
(3) Any attorney in fact under a durable power of attorney;
(4) Such other parties as the Court may direct.
(f) All petitions required by this rule shall be signed by the moving party or that party's counsel and shall contain the following notice:
(CAPTION)
NOTICE OF GUARDIANSHIP This notice is to advise you that a Petition for Guardianship has been filed seeking the appointment of a guardian for the above named individual. A hearing on the petition is scheduled for the ____ day of ______ , 20 ____ , at ______ ____ M. before Judge ______ in Court Room _____ of the Erie County Court House, 140 West Sixth Street, Erie, Pennsylvania 16501.
You do NOT have to attend this hearing if you do not oppose the Petition.
If you intend to object to the proposed guardianship or otherwise contest this action, you must immediately send written notice to the assigned Judge and the Family/Orphans' Court Administrator at the Erie County Court House, 140 West Sixth Street, Erie, Pennsylvania 16501. A copy must also be sent to the attorney for the Petitioner at the address listed below.
Your notice must be filed at least seven (7) days before the hearing. __________
Attorney for Petitioner
Street Address
City State ZipDate: _________________ Telephone
14.2.1 General Practice and Procedure.
(a) Petition Contents. A Petition to adjudicate a person incapacitated and for the appointment of a guardian shall contain all of the information required by PEF Code § 5511(e) and State Rule 14.2 and shall also include the following additional information:
(1) Whether the alleged incapacitated person executed a durable Power of Attorney and the name and current address of the attorney in fact.
(2) Whether the alleged incapacitated person executed a Will or other testamentary document and the location of the original document.
(3) Whether the alleged incapacitated person executed a living will, advance health care directive or similar document and the location of the original document.
(b) Notice of Representation. The petitioner shall notify the Court in writing at least seven (7) days prior to the hearing whether counsel has been retained by or for the alleged incapacitated person. If counsel has been retained, the petitioner shall provide the name, address and telephone number of counsel.
(c) Evidence. The evidence presented may be in accordance with PEF Code § 5518 as provided in the form at the end of this Rule.
(d) Presence of Alleged Incapacitated Person. The alleged incapacitated person shall be present at the hearing unless:
(1) The Court is satisfied, upon the deposition or testimony of or sworn statement (as provided by the form at the end of this Rule by a physician or licensed psychologist, that the alleged incapacitated person's physical or mental condition would be harmed by being present at the hearing; or
(2) It is impossible for the alleged incapacitated person to be present because of absence from the Commonwealth.
IN RE : IN THE COURT OF COMMON PLEAS : : OF ERIE COUNTY, PENNSYLVANIA _________________ , : Orphans' Court Division : An Alleged Incapacitated Person : No.
AFFIDAVIT OF PHYSICIAN
PURSUANT TO ERIE COUNTY ORPHANS' COURT RULE 14.2.1(c)The undersigned, a physician licensed to practice medicine in Pennsylvania does hereby swear or affirm that he/she has examined the following individual and that the information below is accurate and complete to the best of his/her knowledge information and belief:
1. Identification of the Alleged Incapacitated Person
a. Name __________
b. Address __________
2. Reason for Evaluation: Plenary Guardianship of the Person and/or Estate.
3. Affidavit Completed by:
a. Name __________
b. Office Address __________
4. Are you currently licensed in Pennsylvania? ____ Yes ____ No
5. Are you currently licensed in any other states? ____ Yes ____ No
If so, where? __________
6. Briefly describe your educational background, professional degrees, Board Certification, etc: __________
__________7. Which hospitals are you affiliated with: __________
__________8. Please list the date(s) upon which you've examined, evaluated or treated the Alleged Incapacitated Person within the past six (6) months: __________
__________9. Please provide your diagnosis of the patient's current condition: __________
__________10. Please provide your prognosis for the patient's condition and recovery: __________
__________
__________
__________
11. Is the patient able to feed him/herself? ____ Yes ____ No 12. Is the patient able to dress him/herself? ____ Yes ____ No 13. Is the patient able to walk unassisted? ____ Yes ____ No 14. Is the patient's ability to receive and evaluate information and to make and communicate decisions significantly impaired? ____ Yes ____ No 15. Is the patient presently able to manage her finances or to meet essential requirements for her physical health and safety. ____ Yes ____ No 16. Is the patient presently able to make and communicate decisions relating to legal, financial or other matters? ____ Yes ____ No 17. Would it be medically advisable for the patient to be transported to attend the Guardianship hearing at the Courthouse? ____ Yes ____ No I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: _________________ __________Signature of physician
__________Printed name of physician
IN RE: IN THE COURT OF COMMON PLEAS
OF ERIE COUNTY, PENNSYLVANIA_________________ , Orphans' Court Division An Alleged Incapacitated Person No.
AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED PERSON FROM COURT HEARING
PURSUANT TO ERIE COUNTY ORPHANS' COURT RULE 14.2.1(d)(1)I, ______ , am a licensed physician (psychologist). I have been licensed to practice in the Commonwealth of Pennsylvania. I do hereby swear or affirm that within a reasonable degree of medical certainty I believe that the above referred to alleged incapacitated person would not be furthered by his/her attendance at the Court hearing regarding his/her incapacity at the Erie County Court House because he/she is incapable of comprehending the nature of the proceedings or participating in any meaningful way in the proceedings. In my professional opinion his/her physical or mental condition would be harmed by the transportation to the Court Room and by his/her attendance at the Court hearing.
I have based my opinion on a personal examination of the individual and my records pertaining to his/her condition.
I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
__________Signature of physician or licensed psychologist
14.2.3 Proof of Service. Prior to the hearing, the petitioner shall file an affidavit or verification that the proper service of notice of the petition and hearing was made to all parties listed in the petition and to any other parties required by the Court to be notified.
14.2.4 Emergency Guardianships.
(a) A petition for emergency guardianship under PEF Code § 5513 may be filed by separate petition or with a petition for appointment of a permanent guardian. Reasons for the need for emergency guardianship shall be clearly set forth in the petition.
(b) Notice to the alleged incapacitated person and other interested persons of the petition and hearing shall be required unless it appears to the Court not to be feasible under the circumstances. It shall not be necessary for a citation to issue or be served on the alleged incapacitated.
(c) The emergency guardian of the estate shall account to the Court for all funds it receives and expends during its appointment as emergency guardian.
(d) At the hearing for the appointment of emergency guardian the provisions of PEF Code § 5518, regarding medical testimony, shall apply.
(e) The emergency appointment may be continued by the Court until the final disposition of the petition for determination of incapacity.
14.2.5 Post Adjudication Duties.
(a) Annual report. Within one year from the date of the appointment, and annually thereafter or otherwise as the Court may direct, the guardian shall file a periodic report in a form approved by the Court.
(b) Final Accounting. Upon the death of an incapacitated person, upon an adjudication of capacity or as the Court may require, the practice and procedure with regard to the filing and auditing of accounts as well as distribution of assets comprising the estate of a person who has been adjudicated incapacitated shall conform with the practice and procedures governing trustees' accounts and small estates.
(c) Additional Assets. If, upon the filing of the Inventory, or any time thereafter, it appears that the value of the estate which has, or is about to, come into the possession and/or control of the guardian, exceeds the amount set forth on the original petition by $10,000 or more, the guardian shall notify the Court which may determine whether additional security is necessary.
(d) Testamentary Writings, Living Wills and Advance Health Care Directives. The original and a copy of the will or other testamentary writing and any living will or advance health care directive of the incapacitated person shall be submitted to the Court for inspection as soon as possible following the hearing or, in any event, no later than the date set for the filing of the Inventory. The Court shall compare the copy with the original, retain the copy, and return the original to the guardian.
14.2.6 Modification of Guardianship.
The guardian, incapacitated person or other interested party may petition the Court for review of the guardianship as follows:
(a) When the incapacitated person has regained capacity;
(b) Where there has been a significant change in the ward's capacity;
(c) Where there is a significant change in the need for guardianship services;
(d) Upon request for the appointment of a successor guardian;
(e) For any other good cause shown.
14.3.1 Adjudication of Capacity.
(a) A petition to adjudicate that a person previously adjudged incapacitated has regained capacity shall set forth:
(1) The date of the adjudication of incapacity;
(2) The name and address of the guardian;
(3) If the incapacitated person has been a patient in a mental hospital, the name of the institution, the date of admission and the date of discharge;
(4) The present address of the incapacitated person and the names of all persons residing in the same household.
(5) The names and addresses of the next of kin of the incapacitated person;
(6) An averment that the mental health of the incapacitated person has been restored; and,
(7) A request that the guardian be directed to file an account or other final report as the Court may require.
(b) Proof of Service. Proof of service of notice of the hearing to all parties in interest shall be presented at the time of the hearing.
RULE 15
ADOPTION 15.1.1 Procedure.
(a) All Petitions or Motions requiring a hearing including those pertaining to Adoptions, Involuntary Terminations, Voluntary Relinquishments and Confirmation of Consent shall first be submitted to the Family/Orphans' Court Administrator at such times as provided in Erie County Civil Rule 304 for assignment of a hearing date.
(b) Upon the assignment of a hearing date the original Petition or Motion shall be filed with the Clerk of the Orphans' Court and a copy of the Order setting the date of the hearing shall be given to the Family/Orphans' Court Administrator.
(c) All other pleadings not requiring a hearing shall be filed with the Clerk of the Orphans' Court.
(d) Any Motion or Petition requiring immediate attention of the Court shall be presented at Family/Orphans' Court Motion Court, with notice to all parties as required by Erie County Civil Rule 440.
15.4.1 Involuntary Termination of the Parental Rights of a Putative Father Whose Identity or Whereabouts Cannot be Ascertained.
The parental rights of a natural or putative father whose identity or whereabouts cannot be ascertained must be terminated by an involuntary termination proceeding prior to approval of a final adoption.
(a) The involuntary termination petition must aver that the natural mother does not know the identity or whereabouts of the natural or putative father, must include his last know address, if known, and must also specify all attempts made by the Petitioner to determine the correct identity of the natural or putative father.
(b) Notice of the involuntary termination petition and hearing shall be served on the natural or putative father by publication in the form and manner approved by the Court following presentation of a separate Motion for Service by Publication and Affidavit of Diligent Search as required by Pa.R.C.P. 430.
(c) Publication shall include, as a minimum, the contents of the citation attached to the Involuntary Termination Petition. Proof of publication shall be submitted to the Court prior to hearing.
(d) Exceptions to an Involuntary Termination Decree must be filed within ten (10) days of the filing of the Decree pursuant to Rule 7.
15.4.2 Petition to Terminate Putative Father's Rights Under § 2503(d) and § 2504(c)
(a) Contents. A Petition to terminate a putative father's rights under 23 Pa.C.S.A. Section 2503(d) or 2504(c) shall contain the following:
(1) The names and addresses of the Petitioners;
(2) The names and addresses of the birth parents and the putative father;
(3) The date the child was relinquished to an agency or to an adult intending to adopt the child, the date that a report of intention to adopt was filed, and the date of any proceedings to terminate the parental of the birth parents, including voluntary relinquishment, involuntary termination, or confirmation of consent;
(4) A statement of any further proceedings pending in the adoption; and
(5) The certification from the Pennsylvania Department of Vital Statistics pursuant to 23 Pa.C.S.A. § 5103 showing that no claim of paternity has been filed.
(b) Procedure.
(1) Upon presentation of a Petition to Terminate putative father's rights under 23 Pa.C.S.A. §§ 2503(d) or 2504(c), the Family/Orphans' Court Administrator shall schedule a hearing, which shall not be less than ten (10) days after the filing of the petition.
(2) Notice shall be provided in the form provided in 23 Pa.C.S.A. § 2513(b), and service shall be as provided in State Rule 15.6.
(3) Notice shall be given to the birth parents and putative father, and to the parents or guardians of a birth parent or putative father who has not reached age 18.
(4) Following hearing, the Court shall issue such decree as clearly sets forth that the parental rights of the putative father are terminated.
(5) A Petition to Terminate Putative Father's Rights may be brought in the name of the attorney for the adopting parents.
15.5.1 Petition to Confirm Consent to Adoption, including Stepparent adoptions.
All written consents to adoption must be confirmed by Court prior to the entry of a final Adoption Decree.
(a) Form of Petition. Contents. The Petition to Confirm Consent shall include the following:
(1) The names and addresses of the petitioners;
(2) The names and addresses of the birth parents;
(3) The date the child was relinquished to an agency or to an adult intending to adopt the child, the date that a report of intention to adopt was filed, and the date the consent to adoption was signed by the birth parent or parents. The original consent shall be attached to the petition or shall be part of prior pleadings; and
(4) A statement of any further proceedings pending in the adoption.
(b) Procedure.
(1) The Petition to Confirm Consent shall be presented to the Family/Orphans Court Administrator to schedule a hearing. The hearing shall be scheduled not less than ten (10) days after the filing of the petition and not less than sixty (60) days after the filing of the consent to adoption, whichever is later.
(2) Notice shall be in the form provided in 23 Pa.C.S.A. Section 2513(b), and service shall be as provided in State Rule 15.6. Notice shall be given to the birth parents and putative father, if applicable, and to the parents or guardians of a consenting parent who has not reached age 18.
(3) Following hearing, the Court shall issue such decree as clearly sets forth that the consent to adoption is confirmed and that all rights of the consenting birth parent are terminated.
(4) A Petition to Confirm Consent may be brought in the name of the attorney for adopting parents.
(5) The Adoption petition shall be filed separately from Petition to Confirm Consent, Petition for Voluntary Relinquishment, or Petition for Involuntary Termination of Parent Rights, and may be filed simultaneously with any aforesaid Petition.
(c) Hearing.
At the hearing to confirm the consent the petitioner shall present such information as may be necessary to allow the court to review the circumstances of the execution and the submission of all written consents to adoption so as to determine their validity. The court shall then enter an order confirming or rejecting the written consent to adoption.
IN RE: : IN THE COURT OF COMMON PLEAS : OF ERIE COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION INSPECTION OF
GESTATIONAL CARRIER FILES:
_NO. AO
ADMINISTRATIVE ORDER AND NOW, to wit, this 16th day of September 2008, it is hereby ORDERED, ADJUDGED and DECREED that the Clerk of the Orphans' Court of Erie County shall prohibit public inspections of all gestational carrier files except upon Petition and Order of Court granted for cause shown.
BY THE COURT:
/s/ Elizabeth K. Kelly
Elizabeth K. Kelly, President Judge
/s/ John J. Trucilla
John J. Trucilla, Administrative Judge of the
Family/Orphans' Courtcc: Raymond Pagliari, Orphans' Court Committee
[Continued on next Web Page] _______
3 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; Veteran's Administration or military service records; naturalization records, if not native born; and such other sources of information as the circumstances may suggest.
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
