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PA Bulletin, Doc. No. 19-747




Promulgation of Local Rules; No. 1793 S 1989

[49 Pa.B. 2489]
[Saturday, May 18, 2019]


And Now, this 18th day of April, 2019, Dauphin County Orphans' Court Rules 14.1(c.1) and 14.2 are promulgated as follows:

Rule 14.1(c.1). Post Adjudication Petitions.

 (A) A Petition to Invade Principal shall contain the following:

 (1) The name of the guardian and date of appointment, or, if the petitioner is not the guardian, the petitioner's relationship to the incapacitated person or the nature of the petitioner's interest.

 (2) A summary of the inventory, the date it was filed and the nature and present value of the estate and its income.

 (3) The address and income, if any, of the incapacitated person.

 (4) The names and addresses of the incapacitated person's dependents and/or all persons who would be entitled to an intestate share of the incapacitated person's estate.

 (5) A statement of all claims of the incapacitated person's creditors known to petitioner.

 (6) A statement of all previous distributions allowed by the Court.

 (7) A statement of the amount requested and the reasons for the requested distribution.

 (B) A Petition for Payment of Attorney's Fees, regardless of whether invasion of principal is sought for payment of such fees, shall contain all the information set forth in subsections (A)(1)—(7) of this rule in addition to the following:

 (1) A detailed listing of the work performed by the attorney(s) to whom payment is sought.

 (2) A statement of the hourly rate charged by the attorney(s) for the work performed.

 (C) If any portion of the incapacitated person's estate is received from the United States Veterans' Administration, notice of a Petition to Invade Principal or a Petition for Payment of Attorneys' Fees shall be given to that agency. See 20 Pa.C.S. § 8411.

Rule 14.2. Proof of Service.

 (f)(1) The Petitioner shall file a proof of service of the Citation with Notice with the Clerk of the Orphans' Court on or before the date of the scheduled hearing and shall set forth the manner of service of the Citation and Petition on all required to receive a copy in accordance with Orphans' Court Rule 14.2(f).

 (2) The Petitioner shall serve the Citation with Notice on the proposed guardian if the guardian is not the petitioner and shall file a proof of service of the Citation with Notice with the Clerk of the Orphans' Court.

 Dauphin County Orphans' Court Rules 14.1(c.1) and 14.2 shall be published in the Pennsylvania Bulletin and are effective on June 1, 2019.

By the Court

President Judge

[Pa.B. Doc. No. 19-747. Filed for public inspection May 17, 2019, 9:00 a.m.]

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