Eri. Cnty. Pa. 14.1

Current through June 16, 2018
Rule 14.1 - 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 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 serve the petition, along with the citation and notice as set forth in Supreme Court Form G-01, on the alleged incapacitated person in accordance with PEF Code5511(a).
(d) The petitioner shall serve a copy of the guardianship petition, along with a copy of the citation and notice served on the alleged incapacitated, 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.
(e) All petitions required by this Rule shall be signed by the moving party or that party's counsel.
(f) Proof of Service. Prior to a hearing under Chapter XIV of the Rules, 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, by law, or by the Rules to be notified.
(g) Emergency Guardianships.
(1) A petition for emergency guardianship under PEF Code5513 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.
(2) A petition for emergency guardianship may be presented in Motiop Court for the purpose of obtaining a temporary order. Once an emergency order is issued, the petitioner shall obtain a final hearing date from Court Administration.

Eri. Cnty. Pa. 14.1