CLINTON COUNTY RULES OF COURT Contents 430.1 Service by Publication ..... 16 PLEADINGS ..... 17 Rule...

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CLINTON COUNTY RULES OF COURT

Contents LOCAL CRIMINAL RULES ....................................................................................................................... 4

Local Administrative Order: Concerning Magisterial Judicial District Coverage....................................... 4

Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth. ..................... 6

Rule 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor

Judiciary. ................................................................................................................................................... 6

Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of

Common Pleas. ......................................................................................................................................... 8

Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the

Commonwealth. ........................................................................................................................................ 8

LOCAL MISCELLANEOUS RULES ......................................................................................................... 9

Rule 101 Title and Citation of Rules .......................................................................................................... 9

Rule 102 Scope of Rules ............................................................................................................................ 9

COURT CALENDAR AND TRIAL SCHEDULE ................................................................................................ 9

Rule 201 Court in Continuous Session. Court Calendar. ........................................................................... 9

Rule 202 Civil Trial Scheduling .................................................................................................................. 9

Rule 203 Counsel's Pre-Trial Conference (Civil Jury Trials) ..................................................................... 10

Rule 204 Report of Counsel's Pre-Trial Conference ................................................................................ 11

Rule 205 Pre-Trial Conference ................................................................................................................ 11

ARBITRATION AND AWARD .................................................................................................................... 12

Rule 401 Compulsory Submission ........................................................................................................... 12

Rule 402 Arbitrators ................................................................................................................................ 12

Rule 403 Consolidation of Actions .......................................................................................................... 12

Rule 404 Place of Hearing ....................................................................................................................... 13

Rule 405 Fees of Arbitrators ................................................................................................................... 13

COSTS ...................................................................................................................................................... 13

Rule 701 Bill of Costs ............................................................................................................................... 13

Rule 801 Termination of Inactive Cases .................................................................................................. 13

LOCAL CIVIL RULES .............................................................................................................................. 14

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RULES OF CONSTRUCTION ...................................................................................................................... 14

Rule 51.1 Title and Citation of Rules ....................................................................................................... 14

Rule 206.4(c) PETITION PROCEDURE RULE TO SHOW CAUSE ................................................................ 15

MOTIONS ................................................................................................................................................ 16

Rule 208.2(d) and (e) Uncontested Motions/Certification of Concurrence ........................................... 16

Rule 208.3(a) Motion Practice ................................................................................................................ 16

Rule 430.1 Service by Publication ........................................................................................................... 16

PLEADINGS .............................................................................................................................................. 17

Rule 1018.1 Notice to Defend. Form. ..................................................................................................... 17

Rule 1028(c) Procedures Concerning Disposition of Preliminary Objections ......................................... 17

Rule 1034(a) PROCEDURES CONCERNING DISPOSITION OF MOTIONS FOR JUDGMENT ON THE

PLEADINGS .............................................................................................................................................. 18

Rule 1035.2(a) PROCEDURES CONCERNING DISPOSITION OF MOTIONS FOR SUMMARY JUDGMENT . 19

ACTION IN EQUITY .................................................................................................................................. 20

Rule 1534.1 Accounting by Fiduciaries ................................................................................................... 20

MINORS AS PARTIES ................................................................................................................................ 21

Rule 2039.1 Compromise. Settlement. Discontinuance and Distribution. ............................................. 21

CONFESSION OF JUDGMENT FOR MONEY .............................................................................................. 21

Rule 2952.1 Judgment on Warrant More Than Twenty Years Old or on Missing or Unsigned Warrant 21

ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY ............................................ 22

Rule 3252.1(b) Writ of Execution. Money Judgments. Notice. .............................................................. 22

DISCOVERY .............................................................................................................................................. 22

Rule 4005 Interrogatories ....................................................................................................................... 22

Rule 4009.1 Production of Documents ................................................................................................... 22

Rule 4009.21 Notice of Intent to Serve Subpoena ................................................................................. 22

CLINTON COUNTY ORPHAN'S COURT RULES ................................................................................. 23

SECTION 1. JUDGES. LOCAL RULES .......................................................................................................... 23

Rule 1.3 Numbering Cases ...................................................................................................................... 23

Rule 1.4 Court Terms. Arguments. .......................................................................................................... 23

Rule 1.5 Counsel of Record ..................................................................................................................... 23

Rule 1.6 Individual Sureties .................................................................................................................... 24

(a) Application for Approval. Affidavit. ................................................................................................... 24

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Rule 1.7 Corporate Sureties .................................................................................................................... 24

Rule 1.9 Corporate Fiduciaries ................................................................................................................ 24

Rule 1.9 Trust Inter Vivos ........................................................................................................................ 25

SECTION 3. PLEADINGS AND PRACTICE .................................................................................................. 25

Rule 3.1 Conformity to Equity Practice in General ................................................................................. 25

Rule 3.4 Form of Petition. Exhibits. Consents ......................................................................................... 26

Rule 3.6 Depositions, Discovery, Production of Documents and Perpetuation of Testimony. .............. 26

SECTION 5. NOTICE. ................................................................................................................................ 27

Rule 5.1 Method ..................................................................................................................................... 27

Rule 5.2 Method; Person Under Incapacity. ........................................................................................... 27

Rule 5.4 Return of Notice ........................................................................................................................ 27

SECTION 6. ACCOUNTS AND DISTRIBUTIONS. ........................................................................................ 28

Rule 6.1 Form .......................................................................................................................................... 28

Rule 6.3 Notice to Parties in Interest ...................................................................................................... 29

Rule 6.4 Time for Filing ........................................................................................................................... 29

Rule 6.6 Filing With the Clerk of the Orphans' Court .............................................................................. 30

Rule 6.9 Statement of Proposed Distribution ......................................................................................... 30

Rule 6.10 Objections to Accounts and Statements of Proposed Distribution. ....................................... 31

Rule 6.11 Confirmation of Account. Awards. .......................................................................................... 31

SECTION 7. EXCEPTIONS. ........................................................................................................................ 34

Rule 7.1 Generally ................................................................................................................................... 34

SECTION 8. AUDITORS AND MASTERS. ................................................................................................... 35

Rule 8.1 Notice of Hearings..................................................................................................................... 35

Rule 8.6 Notice of Filing Report. ............................................................................................................. 35

Rule 8.7 Confirmation of Report. ............................................................................................................ 36

SECTION 9. OFFICIAL EXAMINERS. .......................................................................................................... 36

Rule 9.1 Appointment of Official Examiners ........................................................................................... 36

SECTION 10. REGISTER OF WILLS. ........................................................................................................... 36

Rule 10.2 Appeal From the Register of Wills .......................................................................................... 36

SECTION 12. SPECIAL PETITIONS ............................................................................................................. 37

Rule 12.1 Family Exemption .................................................................................................................... 37

Rule 12.2 Allowance to Surviving Spouse of Intestate. .......................................................................... 38

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Rule 12.3 Revocation, Vacating and Extension of time for Filing of Surviving Spouse's Election .......... 38

Rule 12.5 Appointment of a Guardian for the Estate or Person of a Minor ........................................... 38

Rule 12.6 Appointment of a Trustee ....................................................................................................... 39

Rule 12.7 Discharge of a Fiduciary and Surety. ....................................................................................... 39

Rule 12.9 Public Sale of Real Property .................................................................................................... 40

Rule 12.10 Private Sale of Real Property or Options Therefor. .............................................................. 42

Rule 12.11 Mortgage or Lease of Real Property. .................................................................................... 43

SECTION 14. INCOMPETENTS' ESTATES .................................................................................................. 44

Rule 14.2 Adjudication of Incompetency and Appointment of a Guardian of the Estate of an

Incompetent............................................................................................................................................ 44

Rule 14.3 Adjudication of Competency .................................................................................................. 45

SECTION 16. SHORT TITLE ....................................................................................................................... 45

Rule 16.1 Clinton County Rules ............................................................................................................... 45

LOCAL CRIMINAL RULES

LOCAL ADMINIST RATIVE ORDER: Concerning Magisterial Judicial District Coverage

1. Normal Business Hours:

a. Normal business hours shall be construed as Monday, Tuesday, Thursday,and Friday from 8:00 A.M. until 5:00 P.M. and Wednesday from 8:00 A.M.until 12:30 P.M. except when a Court holiday has been declared.

b. All Court proceedings normally conducted before a Magisterial District Judgeduring normal business hours shall be conducted at the established office ofthe appropriate Magisterial District Judge as determined by the Rules relatingto venue. When, during regular business hours, the Magisterial District Judge

who has venue over a particular matter is unavailable, any other Magisterial District Judge is hereby temporarily assigned to serve the Magisterial District or in accordance with special Orders issued from time to time by the Court.

2. On Call Magisterial District Judge:

a. The Court Administrator shall establish a rotating schedule assigning aMagisterial District Judge to be on call outside of normal business hoursof the Court to perform all duties of an issuing authority as required bythe Rules of Criminal or Civil Procedure and the Protection From AbuseAct.

3. Bail, Search and Arrest Warrants, and Protection From Abuse Petitions:

a. The on-call Magisterial District Judge shall be available withoutunreasonable delay at all times at his or her established office for thepurpose of accepting the posting of a defendant’s bail. Monetary bailmay also be posted outside of regularly scheduled hours at theClinton County Correctional Facility. The Warden of the CorrectionalFacility, or his designee, is authorized to accept bail bonds and depositsas provided in Pa.R.Crim.P. 117 by having the defendant sign the bailbond, releasing the defendant, and delivering the bail deposit and/orbail bond and the surety information page to the issuing authority or theClerk of Courts by the close of the next business day.

b. The on-call Magisterial District Judge shall be available withoutunreasonable delay at his or her established office for the issuance ofsearch warrants pursuant to Rule 203, arrest warrants pursuant to Rule513, and Emergency Protection From Abuse Orders. Advancedcommunication technology may be utilized to submit the warrantapplication and affidavits and to issue the warrant in accordance withthe requirements of the Criminal Rules.

4. Arraignments Outside Normal Business Hours:

When an individual is placed under arrest and/or requires preliminary arraignment or processing:

a. The individual shall be taken to the Clinton County Correctional Facility.

b. The on-call Magisterial District Judge shall be contacted by theCorrectional Facility staff at 8:00 A.M. and 8:00 P.M. and advised ifany individual has been temporarily detained. Individuals so detainedshall be promptly arraigned through the use of advanced communicationtechnology.

5. Bench Warrants in Court Cases:

a. Any individual executing a court case bench warrant shall proceed inaccordance with Rule 150 and shall notify the Court Administrator no laterthan 8:30 A.M. the next business day that the subject of the warrant is incustody.

b. When the subject of a warrant has been delivered to the Clinton CountyCorrectional Facility or has voluntarily surrendered pursuant to theissuance of a warrant, the Warden of the Clinton County CorrectionalFacility shall immediately notify the Court Administrator that the subjectof the warrant is in custody or, if the warrant has been executed after theclose of the business day, no later than 8:30 A.M. on the next businessday.

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Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth. The District Attorney of Clinton County having filed a Certification pursuant to Pa.R.Crim.P.

202, no Search Warrant Application shall hereafter be accepted by a Magisterial District Judge

unless the Search Warrant Application has the approval of an attorney for the Commonwealth

prior to filing.

Rule 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor Judiciary. Diversion in summary cases shall be in accordance with the local procedures adopted for

Adjudication Alternative Programs (A.A.P.), as adopted by this Court on January 23, 2006, by

Administrative Order 1-2006, which states: 1. The following types of summary cases shall be eligible for A.A.P. to be supervised by the

Magisterial District Judge, pursuant to 42 Pa.C.S.A. § 1520. a. Retail Theft. 18 Pa.C.S.A. § 3929(a), (b)(1)(i).

b. Purchase, consumption, possession or transportation of intoxicating beverages by one less

than 21 years of age. 18 Pa.C.S.A. § 6308.

c. Upon receiving notice that a bench warrant has been executed or that thesubject has surrendered, the Court Administrator shall immediately notifythe issuing Judge, the issuing Magisterial District Judge, the District Attorney,and counsel of record, and the Public Defender that the subject is in custody.After consultation with the Judge, the Court Administrator shall schedule ahearing as soon as possible but not later than seventy-two (72) hours afterthe subject has been lodged in the Correctional Facility. The CourtAdministrator may give oral notice of this hearing, along with written notice,and shall maintain a record of that notice.

6. Summary Offense Arrest Warrants and Bench Warrants:

a. An individual executing an arrest warrant or a bench warrant in a summaryoffense shall proceed in accordance with Rules 440 and 441 and shall followthe procedures as set forth above.

c. Misrepresentation of age to secure liquor or malt or brewed beverages by one less than 21

years of age. 18 Pa.C.S.A. § 6307. d. Carrying a false identification card. 18 Pa.C.S.A. § 6310.3.

e. Use of tobacco in schools prohibited. 18 Pa.C.S.A. § 6306.1.

f. Disorderly conduct if defendant is a juvenile. 18 Pa.C.S.A. § 5503.

g. Harassment if defendant is a juvenile. 18 Pa.C.S.A. § 2709(a).

h. Criminal mischief if defendant is a juvenile. 18 Pa.C.S.A. § 3304.

2. Admission shall be requested within ten (10) days of receipt of the citations or summons.

Extensions of the application period may be granted by the Magisterial District Judge for good

cause. The Magisterial District Judge shall determine eligibility for summary A.A.P. within

seventy-two (72) hours of the submission of the application.

3. a. No defendant who has previously been placed in an A.A.P. or A.R.D. program in any

court shall be admitted to A.A.P. in a summary matter.

b. A defendant who applies for A.A.P. in a summary matter shall execute the following:

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AFFIDAVIT I have not previously been placed in an A.A.P. or A.R.D. program in any court at either the

Common pleas Court or Magisterial District Court level. I make this statement subject to the

penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. ______ __________ Date Name

c. Prior to placing a defendant in A.A.P., the Magisterial District Judge shall determine that

the defendant has not previously been placed in A.A.P. in a summary matter in this judicial

district by contacting the other District Courts within the Judicial District. 4. Costs of supervision and restitution, if any, must be paid in full before admission to the

A.A.P. program. These costs include court costs incident to a non-traffic summary offense and

any costs incident to the program to which the defendant is referred. 5. The defendant shall be notified in writing of acceptance or rejection from the A.A.P.

a. If accepted, defendant shall appear at a time designated by the Magisterial District Judge for

completion of all documentation incident to admission to A.A.P. b. If rejected, the Magisterial Judge shall notify defendant that he has ten (10) days to enter his

plea and the case shall proceed in accord with Chapter 400 of the Pennsylvania Rules of

Criminal Procedure.

6. The Magisterial District Judge shall schedule and notify the defendant at time of admission

to A.A.P. of a hearing date to determine if all A.A.P. requirements have been met within the

prescribed time frame of the specific programs entered into. 7. Requests for continuance of said hearing shall be denied, except in compelling

circumstances. No continuance shall be for more than seven (7) days. 8. A defendant accepted into A.A.P. shall be referred to the following programs:

a. Retail theft

b. Alcohol

c. Tobacco in schools

d. Disorderly conduct

e. Criminal mischief

f. Harassment

9. Upon successful completion of all requirements, this defendant's case shall be dismissed

and the defendant discharged.

10. If defendant declines A.A.P. or fails to successfully complete the program requirements,

the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal

Procedure. 11. No summary case shall remain ''active'' for purposes for A.A.P. supervision in excess of

one (1) year. 12. The following shall be displayed in each Magisterial District office:

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NOTICE TO THOSE CHARGED WITH CERTAIN SUMMARY OFFENSES--

Retail Theft,

Underage Alcohol Offenses,

Tobacco on School Property,

Harassment,

Disorderly Conduct,

And Criminal Mischief by a Juvenile You may be eligible to participate in a program (A.A.P.) which will result in dismissal of the

charge against you. The A.A.P. program is available for defendants who have not previously

been placed into an A.A.P. or A.R.D. program. You must pay all costs and restitution before

admission to the A.A.P. program. You will be required to attend a counseling program. If you

successfully complete the program, the charge against you will be dismissed. If you want to

apply for the A.A.P. program, notify the Magisterial District Judge immediately.

Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas. Because the District Attorney has not filed a Certification to proceed by local option under

Rule 300, no local rule exists.

Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth. The District Attorney of Clinton County, having filed a Certification pursuant to Pa.R.Crim.P.

507, Criminal Complaints and Arrest Warrant Affidavits charging felonies shall not hereafter be

accepted by a Magisterial District Judge unless the Complaint and Affidavit have the approval of

an attorney for the Commonwealth prior to filing.

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LOCAL MISCELLANEOUS RULES

Rule 101 Title and Citation of Rules

These rules shall be known as the Clinton County Rules of Miscellaneous Procedure and may

be cited as ''Clinton R.M.P. No. _____ .''

Rule 102 Scope of Rules

These rules shall govern all proceedings in the Court of Common Pleas of Clinton County,

Pennsylvania, and shall be construed either consistent with or subordinate to all rules or

decisions of the Supreme Court of Pennsylvania, rules of the Judicial Council of Pennsylvania,

any statutes still in effect governing practice and procedure, the Clinton County Rules of

Criminal Procedure, the Clinton County Rules of Civil Procedure, and the Clinton County

Orphans' Court Rules.

COURT CALENDAR AND TRIAL SCHEDULE

Rule 201 Court in Continuous Session. Court Calendar.

1. Court shall be in continuous session throughout the year.

2. Prior to December of each year, the Court by order will fix the Court calendar for the

upcoming year. A copy of this order shall be posted in the Prothonotary's office and mailed to all

attorneys regularly practicing before the Court.

Rule 202 Civil Trial Scheduling

1. The Prothonotary shall keep a ''Trial List'' book in which shall be placed all civil cases that

are to be tried both jury and non-jury trials. 2. Civil cases shall only be placed upon the trial list by praecipe or by order of Court. Any

party who praecipes a matter for trial shall certify that:

a. The matter has been at issue more than twenty (20) days;

b. Discovery has been completed;

c. There are no pending pre-trial motions;

d. The matter is not subject to compulsory arbitration or has been appealed therefrom; and

e. Whether the matter is to be heard jury or non-jury.

The Prothonotary shall not honor any praecipe for trial that does not contain the above recitals.

The praecipe shall be served by the moving party upon all other parties or their counsel of

record.

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3. Cases in which new trials have been granted shall be placed at the head of the trial list. All

other cases shall be listed in the order in which praecipes are filed, subject to any preference

given another case by statute or rule of Court. 4. At twelve o'clock noon on the last full working day of each month, the Prothonotary shall

close the list of cases to be tried and immediately have printed a list showing the cases to be tried

divided into two categories: (1) jury trials and (2) non-jury trials. 5. The trial list shall be posted in the Prothonotary's Office, and a copy thereof delivered to the

President Judge, to all counsel of record appearing in cases on the list, and to all parties

unrepresented by counsel whose case appears on the list.

Rule 203 Counsel's Pre-Trial Conference (Civil Jury Trials)

1. Within twenty (20) days of the posting of the civil jury trial list, plaintiff's counsel shall

contact all other counsel to arrange for a pre-trial conference between counsel which shall be

completed within forty-five (45) days of the posting of the aforesaid trial list. Counsel's

conference shall be conducted at the Clinton County Courthouse unless all counsel agree to

another location. Arrangements for the availability of a room at the Courthouse shall be made

through the Court Administrator. The failure of plaintiff's counsel to comply with the schedule

provided herein shall upon motion be grounds for a non pros. 2. At counsel's conference the following matters shall be accomplished:

a. Counsel shall exchange lists of potential witnesses, their addresses, and a general statement

of the proposed testimony of each witness. The lists shall indicate which witnesses will be called

and which may be called. Only witnesses so listed will be permitted to testify at trial. b. Counsel shall examine, number, and list all exhibits which they intend to introduce and use

at trial, whether during the case in chief or in rebuttal. Exhibits shall be marked by using the

labels then in use by the Court. Any party may use at trial any exhibit listed by any other party.

Only exhibits so listed and numbered will be admitted into evidence at trial. Counsel shall make

a good faith attempt to agree as to the authenticity and admissibility of exhibits which have been

listed and marked. If such an agreement cannot be reached, the objecting party shall state in

detail the reasons for an objection together with any authorities in support of that position. c. Counsel shall agree upon a brief factual statement of the case to be read to the jury as a part

of voir dire and submit proposed questions to be used by the Court or counsel in conducting voir

dire. d. Each party shall submit to the other parties, in writing, the principles upon which they

intend to rely at trial. If the parties disagree as to the applicability of a particular legal principle, a

statement shall be prepared indicating the nature of said disagreement and each party's respective

position. e. Each party claiming damages shall submit to the party against whom the claim is asserted,

an itemized list of special damages together with a list of the categories of general damages

being sought and the estimated value of said general damages. f. Counsel shall explore in depth the prospects for settlement and if a settlement cannot be

achieved be prepared to explain to the Court the areas of difference in arriving at a settlement.

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Rule 204 Report of Counsel's Pre-Trial Conference

1. Within ten (10) days of the completion of counsel's conference, plaintiff's counsel shall

prepare a report thereof and submit the same to the assigned Judge and counsel. To the extent the

report requires information and rules of law pertaining to defendant's case, it shall be the

responsibility of defendant's counsel to provide plaintiff's counsel with such data. The report

shall contain the following: a. A statement of the date and place where counsel's conference was held.

b. A list of all prospective witnesses and accompanying data as required by Clinton R.M.P.

No. 203(2)(a).

c. A list of all exhibits which have been examined, numbered and listed in accordance with

Clinton R.M.P. No. 203(2)(b). Each numbered exhibit shall be briefly but adequately identified

on this list together with an indication as to whether the exhibit's admissibility is being contested.

If an exhibit's admissibility is in dispute the objecting party's statement of reasons for the

objection shall be included. d. The agreed upon brief statement of facts to be read to the jury for voir dire purposes

together with each party's proposed questions for voir dire. e. Plaintiff's statement of the legal principles being relied upon to support the case together

with an indication as to whether those principles are in dispute as well as a statement of the legal

principles being relied upon by all other parties. f. A statement of damages as required by Clinton R.M.P. No. 203(2)(e).

g. Any stipulation of fact which the parties have agreed upon for use at trial including any

waivers of specific claims or defenses. h. Concise trial briefs regarding the anticipated legal issues to be presented at trial. When any

portion of a trial brief relies upon an unreported opinion, photocopies of that opinion shall be

attached to the briefs. i. A concise statement, in narrative form, from each party as to the basic facts intended to be

proven at trial. j. Proposed special verdict questions which any party anticipates submitting at the time of trial.

2. If any party disagrees with any representation made in plaintiff's report of counsel's

conference, a written objection to said report shall be submitted to the assigned Judge within ten

(10) days of the filing of plaintiff's report.

Rule 205 Pre-Trial Conference

1. If no objections are filed to the Report of Counsel's Pre-Trial Conference within the time

limits prescribed by Clinton R.M.P. No. 204(2), the Court Administrator shall forthwith schedule

the matter for a pre-trial conference between the assigned Judge and counsel. This conference

shall be attended by counsel who are expected to try the case and who shall either be authorized

to enter into a settlement agreement or who shall have in attendance, in person or readily

available by telephone, such persons who are empowered to enter into a settlement agreement.

The Judge and counsel shall discuss the report of counsel's conference, any possible

simplification of the issues, the possible bifurcation of the trial, limitations on the number of

expert witnesses, the prospects of settlement, and such other matters as may aid in the trial or

disposition of the action.

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2. If a party fails to cooperate in the conduct of the pre-trial proceedings mandated by Clinton

R.M.P. Nos. 203, 204, and 205, including but not limited to, failure to attend any scheduled

conference and/or the inadequate preparation of required documents, such failure shall be

deemed to be grounds for the entry of a judgment of non pros or other appropriate default relief.

ARBITRATION AND AWARD

Rule 401 Compulsory Submission All cases which are at issue where the amount in controversy is Fifty Thousand ($50,000.00)

Dollars or less, except those involving title to real estate, shall first be submitted to and heard by

a Board of three members of the Bar of this Court, as provided by 42 Pa.C.S.A. 7361. Unless a

party has demanded a jury trial, the President Judge may dispense with compulsory arbitration

and order the matter tried as a non-jury trial. At such non-jury trial, the parties may proceed

pursuant to Pa.R.C.P. 1305 with respect to evidentiary matters.

Rule 402 Arbitrators 1. All members of the Clinton County Bar shall constitute the Board of Arbitrators and all

members shall act as arbitrators. No two members from the same firm or office, or related by

blood or marriage, shall serve on the same board, unless this requirement is waived in writing by

all parties in interest or their counsel. 2. The Prothonotary shall maintain, in alphabetical order, a list of all members of the Bar.

Upon the filing of a praecipe for arbitration, the Prothonotary shall submit a list of five names to

the plaintiff or the attorney for the plaintiff. In the event there are additional parties to the

proceeding, the Prothonotary shall add an additional name for each additional party. This list

shall be in the order in which the names appear on the Prothonotary's list, passing those who are

disqualified to the next qualified. The plaintiff may strike one member from the list and forward

the list to the defendant who may likewise strike one member. In the event of an additional party

or parties, the defendant shall forward the list to that party who may likewise strike one member.

When all parties have exercised the right to strike, the list shall be returned to the Prothonotary.

In the event a party or parties do not exercise the right to strike, the first three remaining

members shall constitute the Board and the first shall be the chairperson. Any stricken member,

as well as any disqualified member, shall, in alphabetical order, be at the head of the list for the

next and/or subsequent cases.

Rule 403 Consolidation of Actions When the same transaction or occurrence, or series of transactions or occurrences, gives rise to

more than one cause of action and separate actions have been commenced, all such actions shall

be consolidated for arbitration, referred to the same board of arbitration, and heard together,

unless the amount in controversy in one or more of the actions exceeds Twenty-Five Thousand

($25,000.00) Dollars, in which case, none of them shall be submitted to arbitration except by the

agreement of all parties in writing. It shall be the duty of every board of arbitration, before

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proceeding with the hearing, to ascertain whether or not any such separate action has been

commenced.

Rule 404 Place of Hearing

All hearings shall be held in the Clinton County Courthouse.

Rule 405 Fees of Arbitrators

The fee of the chairperson shall be Two Hundred ($200.00) Dollars. The fee of each other

arbitrator shall be One Hundred Seventy-Five ($175.00) Dollars. These fees shall be applicable

in all cases, including those which have been consolidated as provided under Clinton R.M.P.

403. In cases requiring lengthy hearings or involving unusual questions of law or fact, the Court

may, on petition of the arbitrators, increase the fees to an amount which will reasonably

compensate them for the services performed.

COSTS

Rule 701 Bill of Costs

1. Every bill of costs shall set forth the names and addresses of the witnesses, the dates of their

attendance, the number of miles actually traveled by each, and the places from which mileage is

claimed. To the bill of costs shall be attached any subpoena, endorsed with a return of service on

oath or affirmation of the person who served it, setting forth the place where service on each

witness was made, the date of service, and the number of miles actually traveled in making

service. 2. Every bill of costs shall be verified on oath or affirmation of the party filing it or their agent

or attorney that the witnesses named were actually present in Court on the dates stated and that

they were material witnesses. 3. All bills of costs shall be filed, a copy thereof served on the adverse party, and proof of

service filed within ten (10) days after the trial or continuance.

4. Any party upon whom a bill of costs has been served may, within five (5) days after such

service, file exceptions and request a hearing. Failure to file timely exceptions shall be deemed a

waiver of all objections to the bill as filed. The collection of costs will be stayed until the trial

judge has decided the matter.

Rule 801 Termination of Inactive Cases

As required by Pa.R.J.A. No. 1901, the following procedure shall be followed regarding

matters that have been inactive for an unreasonable period of time:

1. An ''inactive matter'' means any civil or criminal proceeding filed in the Court or with any

Magisterial District Judge in which no action has been taken for a continuous period of twenty-

four (24) months. 2. In the month of January of each year, the Prothonotary or Clerk of Courts shall provide the

Court Administrator with a written list of all pending inactive matters which were initiated in

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their respective offices earlier than the third calendar year preceding the year in which the list is

being prepared. Said written list shall contain the following information: a. Number and term of the matter.

b. Names and record addresses of the parties.

c. Names and addresses of counsel of record.

d. Type of action if a civil matter.

e. Charges against the defendant if a criminal matter.

3. Upon receipt of the aforesaid list of inactive matters, the Court Administrator shall review

the same with the President Judge, who shall, on his own motion, issue an Order directing the

parties to show cause why the matter should not be terminated and stating that for failure to do so

the case will be dismissed without prejudice. Such Order shall fix the date for hearing and shall

provide for at least thirty (30) days' notice in the manner provided in Pa.R.J.A. No. 1901(c). 4. Unless otherwise ordered, record costs in any dismissed criminal case shall be taxed to the

county, and in any other case to the plaintiff, petitioner, or party initiating the proceeding. 5. On or before March 1st of each year, each Magisterial District Judge, after at least thirty

(30) days' written notice to parties and counsel, shall dismiss inactive matters without prejudice,

and shall on or before May 1st of each year transmit to the Court Administrator a written report

of any inactive matters which have not been dismissed.

LOCAL CIVIL RULES

RULES OF CONSTRUCTION

Rule 51.1 Title and Citation of Rules

1. These rules shall be known as the Clinton County Rules of Civil Procedure and may be

cited as ''Clinton R.C.P. No. _____ .''

2. These rules shall govern all proceedings in the civil division of the Court and shall be

construed either consistent with or subordinate to all rules or decisions of the Supreme Court of

Pennsylvania, the rules of the Judicial Council of Pennsylvania, or any statutes still in effect

governing practice and procedure.

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Rule 206.4(c) PETITION PROCEDURE RULE TO SHOW CAUSE

1. The procedure specified in Pennsylvania Rule of Civil Procedure 206.5 is adopted to govern

petition practice in Clinton County. The issuance of a Rule to Show Cause shall be discretionary

with the Court in accordance with that Rule.

2. The provisions of this rule shall not be applicable to Preliminary Objections.

3. After a petition has been time-stamped in the Prothonotary's Office, such petition may be

presented to the Court as follows:

a. Any petition may be presented to an available judge at 8:30 a.m. on any business day or in

open court immediately preceding or following any court proceeding.

b. Any petition may be delivered to the Court Administrator who shall refer the petition to the

appropriate judge.

4. All petitions shall contain a certification by counsel that concurrence in the petition has

been sought and that such concurrence has been given or denied. Counsel shall take reasonable

steps to secure such concurrence or non-concurrence. Concurrence need not be sought of pro se

parties. Certification shall be on a separate piece of paper, attached to the petition at the end

thereof. If concurrence or non-concurrence cannot be secured after reasonable efforts, the

petition may be filed without said certification, but the petitioner shall thereafter have a

continuing duty to file such a certification within a reasonable time.

5. The Petitioner shall attach to the Petition a proposed order substantially in the form set forth

in Pa.R.C.P. No. 206.5(d).

6. At the time the petition is time-stamped, a copy of the petition, together with a copy of the

proposed order, shall be served in accordance with Pa. R.C.P. No. 440. It shall be presumed that

members of the Clinton County Bar agree that their mailbox in the Prothonotary's Office is

designated as an appropriate place for service unless they note otherwise on the first page of their

pleading.

7. Any Petition which is insufficient on its face will be returned unsigned to the Prothonotary

without further notice to counsel.

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MOTIONS

Rule 208.2(d) and (e) Uncontested Motions/Certification of Concurrence

All Motions, including any motion pertaining to discovery, shall contain a certification by

counsel that concurrence in the motion has been sought and that such concurrence has been

given or denied. Counsel shall take reasonable steps to secure such concurrence or non-

concurrence. Concurrence need not be sought of pro se parties. Certification shall be on a

separate piece of paper, attached to the motion at the end thereof. If concurrence or non-

concurrence cannot be secured after reasonable efforts, the motion may be filed without said

certification, but the moving party shall thereafter have a continuing duty to file such a

certification within a reasonable time.

Rule 208.3(a) Motion Practice

1. After a motion has been time-stamped in the Prothonotary's Office, such motion may be

presented to the Court as follows:

a. Any motion may be presented to an available judge at 8:30 a.m. on any business day or in

open court immediately preceding or following any court proceeding.

b. Any motion may be delivered to the Court Administrator who shall refer the motion to the

appropriate judge.

2. Counsel shall prepare and submit a proposed order with any motion.

3. At the time the motion is time-stamped, a copy of the motion, together with a copy of the

proposed order shall be served in accordance with Pa.R.C.P. No. 440.

4. Any motion which is insufficient on its face will be returned unsigned to the Prothonotary

without further notice to counsel.

Rule 430.1 Service by Publication

Service by publication authorized by Pa.R.C.P. No. 430(a) shall be made by publishing a

notice of the action one (1) time in one (1) newspaper of general circulation within Clinton

County; proof of publication shall be filed with the Prothonotary.

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PLEADINGS

Rule 1018.1 Notice to Defend. Form.

The designated officer to be named in the Notice to Defend from whom legal help can be

obtained as required by Pa.R.C.P. No. 1018.1 shall be:

Court Administrator Court of Common Pleas of Clinton County 230 E. Water Street Lock Haven, PA 17745 (570) 893-4016

Rule 1028(c) Procedures Concerning Disposition of Preliminary Objections

1. Procedure Defined

a. Preliminary Objections shall be accompanied by a memorandum of law which shall be

designated for immediate distribution to the Court and not filed of record.

b. Service shall be made in conformity with Pa.R.C.P. No. 440.

c. All Preliminary Objections shall be accompanied by a notice plainly appearing on the face

thereof of the date the motion was filed with the Prothonotary and advising that a reply

memorandum of law must be submitted within thirty (30) days from that date. The reply

memorandum shall not be filed of record. The moving party shall also file an affidavit of service

which shall state that the notice required by this rule has been given.

d. The Prothonotary shall immediately send the Preliminary Objections and the accompanying

memorandum to the Court Administrator who shall refer the matter to the appropriate judge. All

requests for an extension of the thirty (30) day period to answer Preliminary Objections must be

approved by the Court by a motion addressed to the Court Administrator; no agreement entered

into solely by the parties will be honored by the Court.

e. Any Preliminary Objections filed without the accompanying memorandum may be

dismissed. If a reply memorandum has not been filed pursuant to the notice required by section c

of this rule, the Court may dispose of the matter without such memorandum.

f. If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be

promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.

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g. The Court in its discretion may grant additional time in which to file a reply memorandum,

request additional memoranda, call for oral argument, advance the time for submitting

memoranda, or enter an Order prior to the expiration of the thirty (30) day reply period.

2. Matters Requiring Factual Supplement to the Record.

a. In the case of Preliminary Objections challenging jurisdiction or service, a memorandum of

law and notice to opposing parties to file a reply memorandum of law within thirty (30) days

need not be filed contemporaneously with the Preliminary Objections. Instead, the party filing

the Preliminary Objections shall indicate that additional testimony is required.

b. In all such cases, the party filing the Preliminary Objections shall undertake to supplement

the record with the necessary facts by affidavit, deposition or testimony, as the case may require,

within sixty (60) days from the filing of the Preliminary Objections.

c. If the Court requires, the party filing the Preliminary Objections shall file a memorandum of

law within two (2) weeks from the completion of the supplementation of the record. This

memorandum shall be processed as stated above.

Rule 1034(a) PROCEDURES CONCERNING DISPOSITION OF MOTIONS FOR JUDGMENT ON THE PLEADINGS


a. Motions for Judgment on the Pleadings shall be accompanied by a memorandum of law

which shall be designated for immediate distribution to the Court and not filed of record.


c. All Motions for Judgment on the Pleadings shall be accompanied by a notice plainly

appearing on the face thereof of the date the motion was filed with the Prothonotary and advising

that a reply memorandum of law must be submitted within thirty (30) days from that date. The

reply memorandum shall not be filed of record. The moving party shall also file with the motion

an affidavit of service which shall state that the notice required by this rule has been given.

d. The Prothonotary shall immediately send the motion to the Court Administrator who shall

refer the matter to the appropriate judge. All requests for an extension of the thirty (30) day

period to answer such motions must be approved by the Court by a motion addressed to the

Court Administrator; no agreement entered into solely by the parties will be honored by the

Court.

e. Any motion subject to this rule which is filed without an accompanying memorandum may

be dismissed. If a reply memorandum has not been filed pursuant to the notice required by

section c of this rule, the Court may dispose of the matter without such memorandum.

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request additional memoranda, call for oral argument, advance the time for filing, or enter an

order prior to the expiration of the thirty (30) day reply period.

2. Matters Requiring Factual Supplement to the Record.

a. In the case of motions based on facts not presently a part of the record, a memorandum of


need not be filed contemporaneously with the motion. Instead, the moving party shall indicate

that additional testimony is required.

b. In all such cases, the moving party shall undertake to supplement the record with the

necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60)

days from the filing of the motion.

c. If the Court requires, the moving party shall file a memorandum of law within two (2)

weeks from the completion of the supplementation of the record. This memorandum shall be

processed as stated above.

Rule 1035.2(a) PROCEDURES CONCERNING DISPOSITION OF MOTIONS FOR SUMMARY JUDGMENT


a. Motions for Summary Judgment shall be accompanied by a memorandum of law which

shall be designated for immediate distribution to the Court and not filed of record.


c. All motions shall be accompanied by a notice plainly appearing on the face thereof of the

date the motion was filed with the Prothonotary and advising that a reply memorandum of law

must be submitted within thirty (30) days from that date. The reply memorandum shall not be

filed of record. The moving party shall also file with the motion an affidavit of service which

shall state that the notice required by this rule has been given.

d. The Prothonotary shall immediately send the Motion for Summary Judgment to the Court

Administrator who shall refer the matter to the appropriate judge. All requests for an extension of

the thirty (30) day period to answer such motions must be approved by the Court by a motion

addressed to the Court Administrator; no agreement entered into solely by the parties will be

honored by the Court.

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e. Any motion subject to this rule which is filed without an accompanying memorandum may

be dismissed. If a reply memorandum has not been filed pursuant to the notice required by

section c of this rule, the Court may dispose of the matter without such memorandum.




request additional memoranda, call for oral argument, advance the time for filing, or enter an

order prior to the expiration of the thirty (30) day reply period.

2. Matters Requiring Factual Supplement to the Record

a. In the case of motions based on facts not presently a part of the record, a memorandum of


need not be filed contemporaneously with the motion. Instead, the moving party shall indicate

that additional testimony is required.

b. In all such cases, the moving party shall undertake to supplement the record with the

necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60)

days from the filing of the motion.

c. If the Court requires, the moving party shall file a memorandum of law within two (2)

weeks from the completion of the supplementation of the record. This memorandum shall be

processed as stated above.

ACTION IN EQUITY

Rule 1534.1 Accounting by Fiduciaries

1. A fiduciary filing an account pursuant to Pa.R.C.P. No. 1534 shall give written notice to all

parties or their counsel of record that such account will be presented for confirmation on a date

not less than thirty (30) days after such notice. Said notice shall include any proposed schedule

of distribution and a statement that the account may be confirmed and distribution ordered unless

exceptions are filed with the Prothonotary before that date.

2. Service of the aforesaid documents on a party shall be by personal service or upon counsel

of record pursuant to Pa.R.C.P. No. 440.

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MINORS AS PARTIES

Rule 2039.1 Compromise. Settlement. Discontinuance and Distribution.

1. A petition for compromise, settlement, or discontinuance of an action to which a minor is a

party of record shall recite the factual nature of the minor's action, the prognosis for the minor's

injuries, the reasons for any proposed compromise, settlement, or discontinuance, and a request

for a proposed distribution of the fund. A hearing will be scheduled at which the minor shall

appear and evidence shall be presented as to the extent of the minor's injuries and such other

matters as the Court deems necessary. If the petition is accompanied by (1) a written report of a

physician based upon an examination of the minor within thirty (30) days preceding the filing of

the petition, (2) an affidavit of each counsel of record giving an opinion as to the probabilities of

proof of defendant's negligence, and of the minor's negligence, if any, and (3) in the event that

the minor is sixteen (16) years of age or over, his or her written approval of the proposed

settlement and distribution, the Court may approve the proposed compromise, settlement or

discontinuance, and distribution without the requirement of a hearing, if satisfied of the accuracy

of the information presented and that, based upon such information, the proposed disposition of

the action and distribution of the proceeds adequately compensates the minor for the injuries

sustained and expenses incurred.

2. The petition shall include a detailed statement outlining attorney fees, if any, the nature of

the legal services rendered, and correspondence from any insurance carrier detailing the nature of

the negotiations.

CONFESSION OF JUDGMENT FOR MONEY

Rule 2952.1 Judgment on Warrant More Than Twenty Years Old or on Missing or Unsigned Warrant

An application for leave of Court to enter judgment under the circumstances set forth in

Pa.R.C.P. No. 2952(a)(9) shall be by petition and rule to show cause, returnable twenty (20) days

after service. The petition shall set forth that the instrument containing the warrant was duly

executed, that the obligation is unpaid, and that the obligor is alive. The rule shall be served

personally if the obligor can be found within the Commonwealth; if the obligor cannot be found

within the Commonwealth, he or she shall be served by registered mail. If the address of the

obligor is unknown, notice of the rule shall be published by the Sheriff once each week for three

(3) successive weeks in one newspaper of general circulation within the county. If no answer is

filed within twenty (20) days after service or within five (5) days after the last publication of the

notice, the rule may, on motion, forthwith be made absolute and leave granted to enter judgment

in accordance with the warrant.

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ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

Rule 3252.1(b) Writ of Execution. Money Judgments. Notice.

The designated officer to be named in the Notice to find out where legal help can be obtained

as required by Pa. R.C.P. No. 3252(a) shall be:

Court Administrator Court of Common Pleas of Clinton County 230 E. Water Street Lock Haven, PA 17745 (570) 893-4016

DISCOVERY

Rule 4005 Interrogatories

Neither written Interrogatories to a party nor the Answers thereto shall be filed with the

Prothonotary without leave of Court unless to supplement a Motion.

Rule 4009.1 Production of Documents

Neither Requests for Production of Documents nor the responses thereto shall be filed with the

Prothonotary without leave of Court unless to supplement a Motion.

Rule 4009.21 Notice of Intent to Serve Subpoena

Notice to a person, not a party, of intent to serve a subpoena shall not be filed with the

Prothonotary unless to supplement a Motion.

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CLINTON COUNTY ORPHAN'S COURT RULES

SECTION 1. JUDGES. LOCAL RULES

Rule 1.3 Numbering Cases

Beginning January 1st of each year, the Clerk will assign to new matters as filed consecutive

numbers. The year and the number and name of the case shall be included in the caption of all

papers filed with the Court or in the Clerk's Office.

Rule 1.4 Court Terms. Arguments.

(a) There shall be sessions of the Court for the presentation of accounts, motions and

miscellaneous matters on the second Monday of every month at 9:00 o'clock A.M., except for

the month of October when they will be presented on the second Tuesday at 9:00 A.M.

(b) In all cases, argument shall be heard at the conclusion of the hearing unless leave of the Court

is obtained prior thereto. Other matters for argument shall be heard and processed as provided for

in Clinton R.M.P. No. 501 et seq. relating to Oral Arguments.

Rule 1.5 Counsel of Record

(a) All appearances by counsel shall be entered in writing by praecipe filed, and written notice

thereof given to the adverse party or his attorney within seventy two (72) hours after filing.

(b) An attorney may withdraw his appearance for a party if:

1. Such withdrawal is accompanied by the written consent of the party and an

address of the party where subsequent pleadings may be served, or

2. Such withdrawal is consented to in writing by the party and another attorney

enters his appearance for the party at he same time.

(c) In all other cases, the withdrawal of counsel from a case shall require Court approval upon

petition and the issuance of a rule upon the withdrawing attorney's client.

(d) No attorney of this or any other Court shall become a surety in any bond given in any

proceedings pending in this Court, except by special leave of the Court.

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Rule 1.6 Individual Sureties

(a) Application for Approval. Affidavit.

Except as otherwise provided by sub-paragraph (b) of this rule, an application for the approval of

an individual surety shall be accompanied by an affidavit of the proposed surety setting forth:

1. His name, residence address and occupation;

2. The location of real property owned by him, a brief description of

improvements thereon, and a statement of actual value;

3. The place, book and page of the recording of the deed thereto or other reference

to source of title;

4. The name in which title is held and a statement that no other person has any

interest in the real property and that the title is not subject to any express or

constructive trust;

5. The encumbrances upon the real property;

6. The current tax assessment of the real property; and

7. A list of all other undertakings upon which the individual is surety.

(b) Bond Without surety. Confession of Judgment

The Court in its discretion may permit a party in interest to execute his individual bond without

surety. When a party in interest is authorized to execute his individual bond or individual surety

is approved, the Court may direct that the bond to be executed contain a warrant of attorney to

confess judgment with or without default, that judgment thereon be entered of record in the

office of the Prothonotary, and evidence of said judgment be filed with the Clerk.

Rule 1.7 Corporate Sureties Every surety company duly authorized to do business in Pennsylvania may act as surety,

provided that a current certificate evidencing approval by the Insurance Department of the

Commonwealth of Pennsylvania, together with the designation of attorney-in-fact, is on file with

the Clerk.

Rule 1.9 Corporate Fiduciaries (a) Corporations having fiduciary powers and authorized to do business in the Commonwealth

may act as fiduciaries in matters pending in this Court; provided, however, that a foreign

corporation initially shall file with the Clerk a copy of the certificate issued by the State Banking

Department, the Comptroller of Currency, or the Federal Reserve Board, as the case may be,

25

exercising its right to exercise fiduciary powers, certified to be correct and true by an executive

officer of the corporation.

(b) Except where required by statute or for special cause shown, a bond will not be required of

an approved corporate fiduciary.

Rule 1.9 Trust Inter Vivos

The original trust instrument, or copy verified by the acting trustee, and any amendments thereto,

shall be filed with the Clerk when the Court is first required to exercise its jurisdiction over an

inter vivos trust. The instrument shall be indexed and recorded. Any revocation shall be likewise

filed, indexed and recorded. The Rules of Court applicable to testamentary trusts shall apply to

trusts inter vivos as far as appropriate.

SECTION 3. PLEADINGS AND PRACTICE

Rule 3.1 Conformity to Equity Practice in General

(1) Pre-Trial Conference.

(a) In any action the Court, of its own motion or on motion of any party, may

direct the attorneys for the parties to appear for a conference to consider:

1. The simplification of the issues;

2. The necessity or desirability of pleadings and/or amendments

thereto;

3. The possibility of obtaining admissions of fact and of documents

which will avoid unnecessary proof;

4. The limitation of the number of expert witnesses;

5. The advisability of a preliminary reference of issues to a master

for findings to be be used as evidence when the trial is to be by

jury; or

6. Such other matters as may aid in the disposition of the action.

(b) The Court may make an order reciting the action taken in the conference, the

amendments allowed to the pleadings, and the agreements made by the parties as

to any of the matters considered, and limiting the issues for trial to those not

disposed of by agreements or admissions of the attorneys. Such order when

entered shall control the subsequent cause of action, unless modified at the trial to

prevent manifest injustice.

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Rule 3.4 Form of Petition. Exhibits. Consents

(1) Form. Additional Requirements.

(a) Typing. Endorsements.

Every pleading shall be typewritten, double spaced or printed, and

shall be endorsed with the name of counsel appearing in Court.

(b) Signature and Verification.

All pleadings shall be signed and sworn to by the party in interest

where practicable or where not practicable may be signed and

sworn to by some other person who is acquainted with the facts. In

the latter instance, the reason for doing so must appear in the

petition, answer or the affidavit thereto.

(c) Decree.

Every decree shall bear the caption of the case and shall be

attached to the face of the petition.

(d) Consents.

The affidavits to the petition shall recite that all necessary consents

are attached or shall set forth the names of the persons who do not

consent The Court may direct that notice be given or that a citation

be issued, directed to persons who do not consent to show cause

why the prayer of the petition shall not be granted.

(e) Other Exhibits.

In addition to the requirements of Supreme Court Orphans' Court

Rule No. 3.4(b), the petitioner shall attach to the petition correct

copies of all wills, contracts, consents pertaining to the petition,

and a reference to the place of recording of all deeds, mortgages or

other instruments recorded, entered or filed in the county, which

pertain to the petition.

Rule 3.6 Depositions, Discovery, Production of Documents and Perpetuation of Testimony.

(1) Perpetuation of Testimony.

(a) Leave to take depositions, or obtain discovery or the production of documents

may be granted only on petition upon cause shown.

(b) The procedure relating to depositions, discovery and the production of

documents shall be governed by special order of the Court in every case.

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(c) To the extent not provided for by special order in a particular case, the practice

and procedure relating to perpetuation of testimony and Court records shall

conform to the practice and procedure in Equity.

SECTION 5. NOTICE.

Rule 5.1 Method

Written notice, served personally on an attorney of record, or the person for the time being in

charge of his office, or by ordinary mail addressed to his office, shall be notice to the party

whom he represents, except where personal service on the party is specifically required.

Rule 5.2 Method; Person Under Incapacity.

(1) No Fiduciary.

Whenever notice is to be given to a person who is not sui juris, for whom there is

no guardian, trustee or committee, notice shall be given by serving it upon him, if

he is over fourteen years of age, and, in all cases upon all of the following:

1. His next of kin;

2. His spouse;

3. The person with whom he resides or by whom he is maintained;

4. The superintendent or other official of the institution having

custody of him;

5. To such other person as the Court by special order may direct.

Rule 5.4 Return of Notice

(1) Additional Requirements.

(a) Copy of Notice

A copy of the notice required to be given shall be attached to the

petition or return and shall set forth the date notice was given.

(b) Personal Service

Return of personal service of notice shall set forth the date, time,

place and manner of service, and that a true and correct copy of the

notice was handed to the person served.

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(c) Registered or Certified Mail

Return of notice by registered or certified mail shall set forth the

date and place of mailing and shall include the return receipt, or a

photostatic copy thereof. When the person who gives notice by

registered or certified mail has personal knowledge or cause to

believe that such notice was not received by the person to be

notified, he shall so state in the return. When a person resides in a

foreign country, a statement that the notice was so mailed to that

person at the designated address shall be sufficient unless

otherwise ordered.

(d) Publication

Return of notice by publication shall consist of proof of

publication, together with affidavit of publication by the publisher

or his agent.

SECTION 6. ACCOUNTS AND DISTRIBUTIONS.

Rule 6.1 Form

(1) Form. Additional Requirements.

(a) The account shall include, inter alia, a summary of recapitulation indicating

gross receipts and disbursements and a balance for distribution.

(b) Payments made in distribution from principal or income, except those made

by guardians or trustees under order of Court or by the terms of the will or trust

instrument (which may require distribution prior to audit), shall not be included in

the total of the disbursements, but may be set forth under a separate heading,

marked "Distribution", following the itemized receipts and disbursements.

(c) The account shall specifically indicate:

1. All assets which have been purchased from the estate by the

accountant, individually, or as a fiduciary of another estate; and

2. All assets sold to the estate which were owned by the

accountant, individually, or to a fiduciary of another estate.

(d) Guardian's Accountants. Estate of Minor or Incompetents.

The account of a guardian of the estate of a minor or the estate of

an incompetent shall conform as nearly as may be to a trustee's

account.

(a) Every account filed with the Register or Clerk shall be signed by each

accountant, unless special leave of the Court is obtained, and shall be verified

by at least one accountant. At the end of each account there shall appear a

29

certification by the attorney representing the accountant, that he has reviewed

the account and finds it to be in conformity with these Rules.

Rule 6.3 Notice to Parties in Interest

(1) Time and Content of Notice.

Notice shall be given at least twenty (20) days prior to the audit and shall set

forth:

1. The date, time and place the account will be presented for

confirmation;

2. (Except as to legatees or claimants whose legacies or claim have

been or will be satisfied in full) either that a copy of the account

and a copy of the will or trust instrument will be sent upon request

or where a copy of same is available for inspection, and that any

persons who object to the transaction shown in the account must

file written objections in conformity with Clinton O.C. Rule No

6.10 prior to audit under penalty that the Court may otherwise

assume there is no objection.

3. The accountant's interpretation of any dispute, or fairly

disputable question, known to the accountant, together with a copy

of the instrument or material parts thereof containing any provision

which forms the basis for the dispute.

4. Unless shown in the account the amount of any commission

claimed by the accountant and the amount of any attorney's fee

claimed as due the accountant's attorney;

5. In case of notice to a claimant, the accountant's understanding of

the nature of the claim; whether the claim is admitted or contested

and if admitted, whether it will be paid in full or in part; and

6. Any affidavits or proof of proper notice shall be presented to the

Court at the audit.

Rule 6.4 Time for Filing

(1) Filing for Particular Audit.

All accounts shall be filed at least forty (40) days before the intended presentation

to the Court.

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(2) Presentation of Accounts and Statements.

Accounts and statements of proposed distribution to which no objections have

been filed, shall be presented by the Clerk of the Orphans' Court to the Court at

the session as stated in Clinton O.C. Rule No. 1.1(a). Such accounts and

statements shall be presented together with the petition for conformation and

approval required by Clinton O.C. Rule No. 6.9(1).

Rule 6.6 Filing With the Clerk of the Orphans' Court (1) Filing.

Accounts received by the Clerk or by the Register and found to violate any

provision of these Rules, will not be filed but will be returned to the accountant or

his counsel.

Rule 6.9 Statement of Proposed Distribution

(1) Petition for Confirmation and Statement of Proposed Distribution.

(a) Recital of Facts.

At the time of filing an account, the accountant shall attach thereto

a petition for confirmation setting forth all facts necessary to enter

a proper decree.

(b) Form of Petition.

The petition for confirmation shall be on the form provided by the

Clerk or typewritten in conformity therewith. The assets for

proposed distribution shall be the concluding paragraph of the

petition for confirmation. The petition for confirmation shall be

signed by each accountant and be sworn to, or affirmed by at least

one of them.

(c) Documents Submitted with Petition.

Attorneys shall submit:

1. The account;

2. Proof of publication of advertisement of letters;

3. The petition for confirmation, statement of

proposed distribution, proof of notice to parties in

interest, and any memorandum of law necessary for

the Court to confirm the accounting and statement

of proposed distribution.

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Rule 6.10 Objections to Accounts and Statements of Proposed Distribution.

(1) Form.

Objections to an account or statement of proposed distribution shall be in writing,

numbered consecutively, signed by the objector or his attorney, and each

objection shall:

1. Be specific as to description and amount;

2. Raise but one issue of law and fact, but if there are several

objections to items included in or omitted from the account relating

to the same issue, all objections shall be included in the same

objection; and

3. Set forth briefly the reason or reasons in support thereof.

(2) Filing. Service of Copy.

(a) Time of Filing.

Objections may be filed of course, with the Clerk, on any day prior

to the session of the Court when the account objected to is listed

for audit, up to and no later than 5:00 o'clock P.M. the Friday

preceding the day for presentation of said account.

(b) Service of Copy.

A copy of the objections shall be served without delay after filing,

on the accountant's attorney, in the manner provided in Clinton

O.C. Rule No. 5.1(1).

(3) Continued Audit.

When objections to an account have been filed, the audit of the account will be

continued, upon call of the audit list, to a day fixed by the Court for auditing the

account and hearing the objections.

Rule 6.11 Confirmation of Account. Awards.

(1) Objections to Schedule of Distribution - Notice of filing. Time, Method and Return.

(a) To Whom Given.

Notice of filing of objections to the schedule of distribution shall

be given to the accountant and to all parties in interest affected

thereby or their attorneys.

(b) Time and Method of Notice.

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Written notice shall be given no later than the day of filing of the

objections to the schedule by letter addressed to the last known

address of accountant and all other parties in interest affected

thereby or their attorneys. A copy of the objections shall be

included with the notice to the accountant or his attorney.

(c) Return of Notice.

At the time of the filing of the objections, the attorney for the

objector shall file a written certification that due notice of the filing

thereof was given as required by these Rules.

(2) Distribution of Real Estate.

(a) When No Partition or Allotment Required or When Distributees Agree to

Schedule.

Schedules of distribution shall include separate awards of real

estate to the parties entitled thereto, whether individually, or where

the circumstances require, in undivided interests. The real estate so

awarded shall be described in the same detail and with the same

particularity as is commonly required to be included in a deed and

may recite how title was acquired. Approval of schedules of

Distribution shall be in the nature of confirmation of title in

respective distributees and the Clerk is authorized to certify to

integral excerpts or extracts from such schedules, so approved, for

purposes of recording such devolution's of real estate in the Office

of the Recorder of Deeds.

(b) Partition or Allotment of Real Estate Requested by Accountant or a Party in

Interest.

Whenever partition or allotment of real estate is requested by the

accountant or a party in interest, the request shall be made at the

audit and the Court shall make such order, including a direction to

submit an information certificate issued by an attorney or a

responsive title insurance company, showing the current state of

the title, if required, provisions for owelty, if any, the preparation

of a schedule of distribution, notice to the parties and fixing the

dates of further hearings, as may be necessary under the

circumstances to protect all parties in interest.

(c) Form of Clerk's Certificate.

The following form shall be prepared by the attorney for the

accountant, and submitted to the Clerk for execution on final

confirmation of an adjudication awarding real estate, unless a

decree of distribution is submitted:

CERTIFICATE OF AWARD OF REAL ESTATE

ESTATE OF JOHN DOE

Late of the City of Lock Haven, Dec'd

No. 12,345

33

Award of Real Estate to: (1) Anna Doe, of 10 Main Street, Lock Haven, Pennsylvania, (2)

Joseph Doe and Mary Doe, both of 300 Main Street, Lock Haven, Pennsylvania.

COMMONWEALTH OF Pennsylvania SS:

COUNTY OF CLINTON

1,(insert name), Clerk of the Court of Common Pleas of Clinton County, Pennsylvania, Orphans'

Court Division, do hereby certify the attached document to be a true and correct excerpt from the

adjudication of the account of John Doe and Richard Doe, Executors of the Will of John Doe,

late of the City of Lock Haven, deceased, filed and conformed absolutely (insert date), as the

same remains on file and is of record in said Court.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal

of said Court at Lock Haven this day of , 19

Clerk of the Orphans' Court

(d) Award of Real Estate.

Whenever a decree of distribution awarding real estate or a

certificate of award of real estate is entered, the clerk shall certify

the same to the Recorder of Deeds for recording.

(3) Settlement of Small Estates.

(a) Petitions under Section 3102 of the Probate, Estates and Fiduciaries Code for

distribution of small estates shall set forth:

1. The name and address of the petitioner and his relationship to

the decedent;

2. The name, date of death and domicile of decedent, whether he

dies testate or intestate, the dates of the probate of the will and of

the grant of letters, if any, and whether the personal representative

has been required to give bond, in what amount and name of

surety;

3. The names and relationships of all beneficiaries entitled to any

part of the estate under the will or intestate laws, a brief description

of their respective interest, whether any of them have received or

retained any property of the decedent by payment of wages or

other items under Section 3101 of the Probate, Estates and

Fiduciaries Code, or otherwise, and whether any of them are

incompetent, deceased or minors (date of birth) with the names of

their fiduciaries, of any;

4. The person or persons, if any, entitled to the family exemption

and, if a claim therefor is made in the petition, the additional facts

necessary to establish the prima facie right thereto;

5. An inventory of the real and personal estate of the decedent,

with values ascribed to each item, either incorporated in the

petition or attached as an exhibit;

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6. A list showing the nature, amount and preference of unpaid

claims against the estate and indicating which are admitted; and

7. A prayer for distribution of the personal property to those

entitled, and in appropriate cases, for the discharge of the personal

representative.

(b) Exhibits.

There shall be attached to the petition the following exhibits:

1. The original of the decedent's will if it has not

been probated, together with proof verified

equivalent to proof required by Sections 2504 and

3132 of the Probate, Estates and Fiduciaries Code,

or a copy of the will if it has been probated;

2. An itemized list of disbursements made prior to

the filing of the petition, indicating the payor and

whether the disbursements were in payment of

administration expenses, preferred or ordinary

debts, items of distribution, or the family

exemption;

3. A certificate of the Register of Wills or the

equivalent thereof, satisfactory to the Court,

showing payment or other status of the inheritance

tax, unless the estate be valued at less than the

family exemption and petitioner be claiming the

same as such; and

4. A certification on valuation of assets by one or

more appraisers competent to give an opinion as to

the value thereof, accompanied by a brief statement

of the qualifications of such appraiser, except for

cash or listed securities, for which no certification

of value is required.

(c) If any unpaid beneficiary, heir or claimant or the surety of a personal

representative, if any, has not joined in the petition, the Court may require notice

thereof by citation or otherwise as circumstances may require to be served upon

him or them before the Court acts upon the petition.

SECTION 7. EXCEPTIONS.

Rule 7.1 Generally

(1) Exceptions to Decrees Generally.

No exceptions shall be filed to orders or decrees entered in proceedings, unless

the right to except thereto is expressly conferred by Act of Assembly, by general

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rule, or by special order; and all decrees, other than those to which exceptions are

so allowed to be taken, shall be final and definitive.

(2) Exceptions to Adjudication's.

Exceptions shall in no event raise questions which could have been but were not

raised by objections to the account, the statement of proposed distribution and the

petition of confirmation or by claims presented at the audit of the account.

(3) Form of Exceptions to Adjudication's.

Exceptions to adjudication's shall be in writing, numbered consecutively, and

signed by the exceptant or his attorney, and each exception shall:

1. Be specific as to description and amount;

2. Raise but one issue of law or fact, but if there are several

exceptions to items included in or omitted from the adjudication

relating to the same issue, all such exceptions shall be included in

the same exceptions; and

3. Set forth briefly the reason or reasons in support thereof.

SECTION 8. AUDITORS AND MASTERS.

Rule 8.1 Notice of Hearings.

Auditors and masters shall give at least ten (10) days' notice of hearings held by them to all

parties interest or to their attorneys of record in the manner provided in Clinton O.C. Rule No.

5.1. Notice of succeeding hearings given by the Auditor or Master at a hearing of which proper

notice has been given shall constitute sufficient notice of each of such succeeding hearings.

Rule 8.6 Notice of Filing Report.

(1) Notice and Objections.

An auditor or master shall give notice of the filing of his report by sending a copy

of the report to all parties of record. Any party in interest within a period of ten

(10) days shall have the right to file objections to such report which shall be

placed on the next available argument list by the Clerk. Either party may request

that they be listed for argument on a special date.

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Rule 8.7 Confirmation of Report. (1) Decree.

If no objections are filed within ten (10) days of the filing thereof, the Court may

enter a decree confirming the auditor's report or adopting the master's report.

SECTION 9. OFFICIAL EXAMINERS.

Rule 9.1 Appointment of Official Examiners

(1) When Appointed.

Whenever an examiner of assets is ordered in connection with an accounting, the

special order of appointment will be included in the adjudication of the account,

and the examiner shall make his examination after the schedule of distribution

shall have been filed and approved, so that the assets distributable to fiduciaries,

which are the assets to be examined, will have been determined.

(2) Experts. Fees.

Reports of examiners shall be in the form provided by the Court, insofar as that

form is applicable to the particular case, and shall be filed with the Clerk. The

examiner's fee will be fixed and awarded by the Court when acting on the report

payable out of the assets examined.

SECTION 10. REGISTER OF WILLS.

Rule 10.2 Appeal From the Register of Wills

(1) Form of Appeal.

Appeals taken from a judicial act or proceedings of the Register shall be

addressed to the Court, but filed in duplicate with the Register; shall specify the

points upon which based; and shall set forth the names of all interested parties and

the necessary jurisdictional facts.

(2) Issuance of Citation.

When an appeal has been perfected with the Register and the record has been

transmitted to the Clerk of this Court, a citation shall issue as of course, without

petition, directed to all persons named in the appeal as interested parties, to show

cause why the appeal should not be sustained and the decision complained of set

aside.

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SECTION 12. SPECIAL PETITIONS

Rule 12.1 Family Exemption

(1) Procedure for Claiming Family Exemption.

The procedure for claiming the family exemption shall be in accordance with

Sections 3121 through 3126 of the Probate, Estates & Fiduciaries Code; all

pleadings shall be prepared in accordance with Section 3 of the Clinton Orphans'

Court Rules.

(2) When Appraisal Unnecessary.

Unless otherwise directed by the Court, no appraisal shall be required if the

exemption is claimed:

1. In money;

2. From personal property and the gross value of the decedent's

estate does not exceed the amount of the exemption;

3. In real or personal property at valuations agreed upon by all

parties in interest.

(3) When Appraisal Necessary.

(a) Personal Property.

When personal property is claimed and an appraisal is necessary,

the Court will direct the appraisement to be made by special order

in each case.

(b) Real Property.

When real property is claimed and an appraisal is necessary, it

shall be made by two appraisers appointed by the Court as outlined

in Section 3123 of the Probate, Estates and Fiduciaries Code.

(4) Notice.

(a) When No Petition.

When the procedure is without petition, no notice other than that to

the personal representative need be given of the claim for

exemption.

(b) When Petition Filed.

When the procedure is by petition, notice of the filing thereof, and

of the date fixed by the Court for conformation and allowance,

shall be given by:

1. Actual notice to the personal representative, if

any, and to all persons other than creditors

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adversely affected by allowance of the exemption

who do not join in the prayer of the petition, and by;

2. Advertisement once a week for two (2)

consecutive weeks in one (1) newspaper of general

circulation which is designated by the Court in the

preliminary decree.

(5) Final Decree.

When the procedure is by petition, if no objections are filed on or before the time

fixed in the preliminary decree, confirmation of the appraisement and allowance

of the exemption may be obtained by submitting to the Court the return to notices

and a form of final decree.

Rule 12.2 Allowance to Surviving Spouse of Intestate.

(1) Appraisal of Property.

If an appraisal of property is needed, the manner of appraising the property of

filing and confirming the appraisal, and of advertising or giving notice thereof

shall be by special order in each case.

Rule 12.3 Revocation, Vacating and Extension of time for Filing of Surviving Spouse's Election (1) Extension of Time.

A petition for the extension of time in which the surviving spouse may file an

election to take against a will shall be by special order in each case.

Rule 12.5 Appointment of a Guardian for the Estate or Person of a Minor (1) Appearance at Presentation of Petition.

Except as may be required by the Court in certain circumstances, the appearance

of the minor in Court to make the selection of a guardian of the estate is not

required.

(2) Restricted Accounts.

In lieu of the appointment of a guardian, the Court may authorize the deposit of

funds of a minor pursuant to the provisions of Section 5103 of the Probate,

Estates and Fiduciaries Code.

(3) Minor's Estate, Guardian. Certificate of Appointment. Security.

39

If bond is required of a guardian, the Clerk shall not issue the certificate of his

appointment until the bond and surety have been approved by the Court. Where

the guardian is appointed for several minors of the same parents, one bond may be

filed to cover the several estates.

(4) Minor's Estate. Allowances.

When a petition is necessary for an allowance from a minor's estate, the petition

shall set forth:

1. The manner of the guardian's appointment and qualifications,

and the dates thereof;

2. The age and residence of the minor, whether his parents are

living, the name of the person with whom he resides, the name and

age of his spouse and children, if any;

3. The value of the minor's estate, real and personal, and the net

annual income;

4. The circumstances of the minor, whether employed or attending

school; if the minor's parent or other person charged with the duty

of supporting him is living, the financial condition and income of

such person and why he is not discharging his duty to support the

minor; and whether there is adequate provisions for the support

and education of the minor, his spouse and children.

5. The date and amount of any previous allowance by the Court;

and

6. The financial requirements of the minor and his family unit, in

detail, and the circumstances making such allowance necessary.

Rule 12.6 Appointment of a Trustee

(1) Exhibits.

The following exhibits shall be annexed to the petition:

1. A copy of the trust instrument; and

2. Any consents or joinders of parties in interest.

Rule 12.7 Discharge of a Fiduciary and Surety.

(1) Discharge of Personal Representative Under Section 3531 of the Probate. Estates and

Fiduciaries Code.

40

A petition with account annexed under Section 3531 of the Probate, Estates and

Fiduciaries Code shall conform to the extent practicable with the requirements of

petition for the settlement of a small estate under Section 3102 of the Code as set

out in Clinton O.C. Rule No. 6.11(4).

Rule 12.9 Public Sale of Real Property

(1) Public Sale. Contents of Petition. Additional Requirements.

(a) Personal Representative.

When it is required that a personal representative petition the Court

to sell real property at public sale, the petition shall set forth in

separate paragraphs:

1. The name, residence and date of death of the

decedent, whether he 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 Act; 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 has been

filed; the total value of the property shown therein,

ad 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; whether any of them are minors,

incompetents or deceased, and if so, the names of

their fiduciaries, if any;

6. The improvements on the property, by whom it is

occupied, its rental value and current tax

assessment;

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.

41

When it is required that a trustee petition the Court to sell real

property at public sale, the petition shall 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. Recital of the relevant provisions of the will or

deed pertaining to the real property to be sold, and

of the history of the trust;

3. The names and relationships of all parties in

interest; a brief description of their respective

interests; whether any of them are minors,

incompetents or deceased, and if so, the names of

their fiduciaries, if any;



assessment;

5. That the trustee is not otherwise authorized to sell

by the Act; 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 reasons, and


that the proposed sale is for the best interest of the

trust.

(c) Guardian.

When it is required that a guardian petition the Court to sell real

property at public sale, the petition shall set forth in separate

paragraphs;

1. The age of the ward;

2. The names of the next of kin and the notice given

them of the presentation of the petition. When there

are no known next of kin who are sui juris to whom

notice may be given, public notice in accordance

with Clinton O.C. Rule No. 12.9(3) must be given

and proofs thereof must be attached to the petition

as an exhibit;

3. How title was acquired, stating the date and place

of probate of the 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 ward,

and of other persons in the real property;

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assessment;


that the proposed sale will be for the best interest of

the ward.

(2) Public Sale. Exhibits.

The following exhibits shall be attached to a petition by a personal representative,

trustee or guardian, to sell real property at public sale:

1. A copy of the will, deed or decree by which the fiduciary was

appointed; and

2. Any consents or joinders of parties in interest, and the names

and a copy of the notice which has been given to those parties who

do not consent or join; and

3. Consent to sale and discharge of lien by any mortgagee whose

lien would otherwise not be discharged by the sale.

(3) Public Sale. Notice.

After the allowance of a petition for public sale, public notice of the proposed sale

shall be given by advertisement, once a week for three consecutive weeks in one

newspaper of general circulation in Clinton County and by posting a notice on the

premises, and at least ten (10) days prior written notice of the time and place of

the proposed sale shall be given to all parties in interest, by personal service or

ordinary mail.

Rule 12.10 Private Sale of Real Property or Options Therefor.

(1) Private Sale. Exhibits.

(a) Personal Representative, Trustee or Guardian.

The following exhibits shall be attached to the petition by a

personal representative, trustee or guardian, to sell real property at

private sale or to exchange real property or give an option therefor;

1. A copy of the will, deed or decree by which the

fiduciary was appointed;

2. Any consents or joinders of parties in interest and

the names and a copy of the notice which has been

given to those parties who do not consent or join;

3. A copy of the agreement of sale or exchange or

option agreement;

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4. Affidavits as to value as to the property to be

optioned or exchanged or sold, and in case of an

exchange, of the property to be received, made by

two real estate appraisers.

(2) Procedure.

(a) Private Sale.

Whenever on the day fixed for approval of a private sale or

approval of a private sale or approval of grant of an option for a

private sale a person other than the proposed purchaser named in

the petition, or more than one such other person, shall appear for

the purpose of offering a higher price than that to be paid by the

proposed purchaser named in the petition, the following procedure

shall be followed unless otherwise directed by the Court.

1. No offer from any proposed purchaser other than

the one named in the petition will be considered

unless it is at least 10% higher and is payable in

cash;

2. If such interested purchaser, as defined in 1.

above does exist, the Court will conduct an informal

auction. The proposed purchaser named in the

petition and all other interested purchasers shall

have the opportunity to make offers at least 10%

higher than the offer of the original proposed

purchaser, until the highest price offered by any

interested purchaser shall be determined.

(b) Private Exchange.

The procedure in the event another person appears, on the day

fixed for approval of an exchange, for the purpose of offering a

different consideration, shall be as the Court directs by special

order.

(3) Method. Private Sale of Real Property.

Notice of the private sale of real property shall be given in such manner as

provided by a rule adopted by the Supreme Court or by an Act of Assembly, or by

general rule or special order of this Court.

Rule 12.11 Mortgage or Lease of Real Property.

(1) Mortgage of Real Property. Additional Requirements.

(a) Contents of Petition.

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A petition to mortgage or lease 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; shall set forth the

amount and terms of the proposed mortgage loan or terms of lease,

and shall set forth sufficient facts to enable the Court to determine

whether the proposed mortgage or lease should be approved.

(b) Exhibits.

The following exhibits shall be attached to the petition:

1. A copy of the will, deed or decree by which the

fiduciary was appointed.

2. Any consents or joinders of parties of interest and

the names and a copy of the notice which has been

given to those parties who do not consent or join.

SECTION 14. INCOMPETENTS' ESTATES

Rule 14.2 Adjudication of Incompetency and Appointment of a Guardian of the Estate of an Incompetent.

(1) Testamentary Writings.

The original of all testamentary writings of the incompetent found by the guardian

or in the possession of any other person shall at the time of the filing of the

guardian's inventory be lodged by the guardian or such other person with the

Court.

(2) Allowances from Incompetent's Estate.

(a) Petitions.

Petitions for allowances from an incompetent's estate shall be

governed by the appropriate provisions of Clinton O.C. Rule No.

12.5(4) and shall set forth:

1. The name of the guardian, the date of his

appointment; if the petitioner is not the guardian,

his relationship to the incompetent, and if not

related, the nature of his interest;

2. A summary of the inventory, the date it was filed,

and the nature and present value of the estate;

3. The address and the occupation, if any, of the

incompetent;

4. The names and addresses of the incompetent's

dependents, if any;

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5. A statement of all claims of the incompetent's

creditors known to the petitioner; and

6. A statement of the requested distribution and the

reasons therefor, and a statement of all previous

distributions allowed by the Court.

(b) Notice to Veterans' Administration.

If any portion of the incompetent's estate is received from the

United States Veterans' Administration or its successor, notice of

the request for allowance shall be given that agency.

(c) Notice to Commonwealth.

If the incompetent is maintained by any agency of the

Commonwealth, notice shall be given to the appropriate

representative of the Commonwealth.

Rule 14.3 Adjudication of Competency

(1) Accounts and Distribution.

The practice and procedure with respect to the filing and audit of accounts, as

well as the distribution of the assets comprising the estate, shall conform with the

practice and procedure governing trustees' accounts.

SECTION 16. SHORT TITLE

Rule 16.1 Clinton County Rules

The rules set forth herein shall be known as the Clinton Orphans' Court rules, and shall be cited

"Clinton O.C. Rule No. ".

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