(a) Statement of Purpose: These rules are intended to supplement, and to apply in conjunction with, the Orphans' Court Rules as promulgated by the Supreme Court of Pennsylvania, and the Probate, Estates and Fiduciaries Code of the Commonwealth of Pennsylvania.
(b) Incorporation by Reference: Except as otherwise provided by the Supreme Court, an Act of Assembly, or by general rule or special order of the Orphans' Court Division, the Rules of the Civil Division of the Court of Common Pleas of the 44th Judicial District, which by their terms purport to apply and are intended to apply to the Orphans' Court Division are herein incorporated by reference.
(c) Counsel of Record: (1) An attorney who has appeared in a case shall be regarded as counsel of record, whether such appearance is in writing or in person at any open court proceeding.(2) An attorney may withdraw his appearance for a part (i) if such withdrawal is accompanied by a written approval of the party and an address of the party and an address of the party where subsequent pleadings may be served, or (ii), if such withdrawal is consented to by the party and another attorney enters his appearance for the party at the same time.(3) In all other cases, court approval is necessary for withdrawal of an appearance, which shall be by petition for a rule on the withdrawing attorney's client.(4) Hearing or argument procedures on a petition for withdrawal shall be in accordance with Local Rule of Civil Procedure 205.1.(d) Justification of Surety: Where an individual surety is used on a bond, a justification of the surety shall be filed with the court, the Clerk of Courts or the Register, as the case may be, in the following form before the bond is approved:
"COMMONWEALTH OF PENNSYLVANIA: COUNTY OF _________________________ : SS.
__________________ , being about to become surety/sureties in the above entitled matter being duly sworn according to law deposes and says:
1. I/We reside at ________________ in ________________Township or Borough in ____________ County, Pennsylvania.2. My/Our occupation is ________________ .3. I am/we are the owner(s) of real estate in the County of _______________ , located in ____________ Township or Borough, near or at _____________________________ , described as follows: ____________________________ .4. I/We acquired title to said real estate by _____________ recorded in deed book _________ page __________ and my/our title to said real estate is in fee simple solely in the undersigned and not subject to any trust.5. Encumbrances against said real estate are: ___________ and such constitute the only encumbrances against the same.6. The said real estate is assessed for taxes for the year 20___, at the sum of $ ___________ , and in my/our opinion the fair market value of the said real estate is $ ________________ .7. I am/we are not surety/sureties in any other case, or for any public officer except: _______________ . Sworn and subscribed before me this _______ day of _____________________ , 20____.
________________________________ Notary Public
(e) Stated Days for Holding Sessions of Orphans' Court Division: (1) The annual court calendar shall state times at which accounts for confirmation and approval.(2) Other process may be made returnable to the days of miscellaneous court, as established by the annual court calendar.(f) Definitions (1) Fiduciaries to whom these rules apply include personal representatives, trustees, guardians of minors or incompetents, and custodians under the Uniform Gifts to Minors Act.(2) Other definitions: i. "Clerk" means the Clerk of the Orphans' Court Division of the Court of Common Pleas.ii. "Court" means the Orphans' Court Division of the appropriate branch of the Court of Common Pleas, or the judge thereof.iii. "Register" means the Register of Wills.iv. "Exception" means a formal, written disagreement with an appraisal or with the report of an auditor or master appointed by the court; or with an adjudication, opinion or decree of the court.v. "Objection" means a written disagreement with any matter other than that which is covered by an exception f. "PEF Code" means Probate, Estate and Fiduciaries Code of the Commonwealth of Pennsylvania, as the same may be amended from time to time. (e) Short Form of Citation (1) These rules may be cited as "44th Jud. Dist. Rules - OC".