THE NEW SUPREME COURT ORPHANS’ COURT RULES

POWERPOINT PRESENTATION BY JOHN F. MECK, Eckert Seamans Cherin & Mellott, LLC LISA M. RHODE, Gadsden Schneider & Woodward, LLP

GUESS WHO?

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GUESS WHEN?

Gerald Ford - President of the United States and Milton Shapp - Governor of Pennsylvania

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ANOTHER HINT:

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ANSWER: 1975

The last time the Supreme Court Orphans’ Court Rules were revised

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Rules of Equity Repealed January 1, 2004

Why Important??

Current Rule 3.1

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PURPOSE OF NEW ORPHANS’ COURT RULES STANDARDIZE PRACTICE ACROSS

ALL JUDICIAL DISTRICTS

Except for differing procedures for Accounts and Objections in judicial districts

(See Rule 2.5(d), (e) and 2.7(a)) With separate orphans’ court divisions

(See PEF Code 3511)

vs

Without separate orphans’ court divisions (PEF Code 3512)

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PURPOSE OF NEW ORPHANS’ COURT RULES

PROVIDE CLEAR PROCEDURES TO THE BENCH AND BAR

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PURPOSE OF NEW ORPHANS’ COURT RULES

HARMONIZE PROCEEDINGS TO CIVIL PRACTICE

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TWO IMPORTANT DATES

September 1, 2016 Effective Date of New Rules Repeal of Most Local Rules June 1, 2016 Deadline to Submit New Local Rules

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THURSDAY, SEPTEMBER 1, 2016

Current Supreme Court Orphans’ Court Rules 1 to 13 are RESCINDED

o ALL PARALLEL LOCAL RULES ARE

VACATED.

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THURSDAY, SEPTEMBER 1, 2016 What remains???

Current Supreme Court and Local Rules:

Chapter 14: Guardianships

Chapter 15: Adoptions

Chapter 16: ACA

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THURSDAY, SEPTEMBER 1, 2016

NEW RULES: CHAPTER I. Preliminary Rules

CHAPTER II. Accounts, Objections and Distributions

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THURSDAY, SEPTEMBER 1, 2016

NEW RULES: CHAPTER III. Petition Practice and Pleading

CHAPTER IV. Format and Service of Legal Paper by

Parties and Court; Electronic Filing

CHAPTER V. Rules Governing Specific Types of Petition (This chapter relocates current Rule 12.) 14

THURSDAY, SEPTEMBER 1, 2016

NEW RULES: CHAPTER VII. Rules Relating to Pre-Hearing and

Hearing Procedure

CHAPTER VIII. Reconsideration

CHAPTER IX. Auditors and Masters

CHAPTER X. Register of Wills

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WHAT TO DO WITH LOCAL RULES?

Eliminate most current local Rules

BUT retain or revise some

Conform to new numbering

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RULE 1.5: PROCEDURE FOR ADOPTING LOCAL RULES New Local Rules from Judicial District X

To OCPRC for review

BEFORE can become effective 17

CIRCLE JUNE 1, 2016 Deadline for new/revised local rules

Send to OCPRC by JUNE 1, 2016

18 OCPRC to review so not inconsistent with new S.C.

Rules

PROPOSED LOCAL RULES AFTER SEPTEMBER 1, 2016

New or amended local rule

To OCPRC for review under same standard

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TOP 10 CHANGES

10. Rules of evidence in Register of Wills Hearings (See Rule 10.3(e))

9. Virtual representation - Accounts and Petition Practice

(See Rules 2.4, 3.4 and 4.2)

8. Local Rules must be reviewed by OCPRC (See Rule 1.5)

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TOP 10 CHANGES

7. Preliminary Objections permitted; Preliminary Objections to Account Objections limited

(See Rules 2.8 and 3.9)

6. Notice to Plead Affixed to Notice Petition and Response with New Matter and New Matter

(See Rule 3.5(b)(1) and 3.7(e))

5. Objections and Response to all interested parties (See Rules 2.7(a) and 3.7(b))

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TOP 10 CHANGES

4. Notice of an Account’s filing – Changes (See Rule 2.5)

3. Petition for Adjudication must be filed with Account (See Rule 2.4(a))

2. Supreme Court forms Exclusive (See Rules 1.8 and 10.1)

1. Petitions for Reconsideration replace Exceptions (See Rules 8.1 and 8.2)

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WHAT TO DO WHEN YOUR CLIENT DOES NOT LIKE COURT’S DECISION

First, Orphans’ Court Clerks need to give notice to each party (or counsel). Analogous to Civ. Rule 236 Starts clock running for appeal Second

EXCEPTIONS 23

See NEW Rule 8.1

REPLACING EXCEPTIONS MOTIONS FOR RECONSIDERATION Rule 8.2

BE CAREFUL – 30-DAY APPEAL PERIOD CONTINUES RUNNING

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MORE BIG CHANGES:

Exclusive use of Supreme Court approved Forms (See Rules 1.8 and 10.1)

OC-01 to OC-07 RW-01 to RW-10

OCPRC Making Conforming Revisions to Forms

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NO MORE LOCAL FORMS WHERE A SUPREME COURT FORM EXISTS

Petitions for Adjudication

Register of Wills

Guardianships and ACA Proceedings

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ACCOUNT AND PETITION FOR ADJUDICATION MUST BE FILED TOGETHER

THE ACCOUNT THE PETITION

FOR ADJUDCIATION

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See Rule 2.4

NOTICE ACCOUNT’S FILING – WHEN – RULE 2.5 Current practice –local rule

Some Counties 10, 15 or 20 days before audit 10 days after filing Account in one county

New Rules

Separate orphans’ court divisions – 20 days before audit

Without separate orphans’ court divisions – 20 days before the last day to file objections

(See Rule 2.5(d)) 28

SOME CHANGES IN WHO RECEIVES NOTICE

WHO GETS NOTICE of Account’s filing????? (See Rule 2.5(a))

Language clarified

E.g., Rule 2.5(a)(1) notice of a creditor’s claim

Charitable interest - Rule 2.5(a)(4) added reminder

Rule 2.5(b) to both counsel and the individual, even if represented

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SOME NEW RECIPIENTS GET NOTICE AS WELL

Beneficiaries of a “receiving” trust or estate if dual fiduciaries (See Rule 2.5(b))

AG’s Office (See Rule 2.5(c))

charity is beneficiary of “receiving” estate charity is a qualified trust beneficiary

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WHAT MUST BE INCLUDED WITH NOTICE LETTER

Beneficiary/ Counsel

Notice Letter of account’s

filing

Petition for Adjudication

Account

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See Rule 2.5(d)

UNLESS . …

1) Special Order from Orphans’ Court

(Voluminous Account???)

2) Trust beneficiary is more remote than a qualified beneficiary under 20 Pa.C.S. 7703

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CONTENT OF NOTICE LETTER

(See Rule 2.5(h))

1) Date, time, and place of audit or in judicial districts that do not have an audit list, last day for filing objections

2) Accountant’s position on known disputes or interpretation question

3) Detail Accountant’s understanding of contested or unpaid claim

4) State how recipient is to present objections to Account or Petition for Adjudication

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CONTENT OF NOTICE LETTER

5) To beneficiary not receiving Account and Petition for Adjudication, state amount of fiduciary compensation and attorney fees paid or to be paid

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PROCEDURES FOR OBJECTIONS

Objections All interested

parties

Orphans’ Court Clerk

Accountant and his/her

counsel

Mailed 35 This is NEW

See Rule 2.7

PLEADINGS AFTER OBJECTIONS ARE FILED (See Rule 2.8)

Answers – Allowed but not required

Preliminary Objections Allowed but limited to two grounds (See Rule 2.8(b))

Lack of standing

Lack of jurisdiction

Answers to Preliminary Objections

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CHAPTER X: PROCEEDING BEFORE REGISTER OF WILLS

Supreme Court forms only: RW-01 et seq. (See Rule 10.1)

Rules of Evidence apply in Register’s hearings (See Rule 10.3(c))

Chapter III (Petition Practice) applies to Register’s Hearing

(See Rule 10.2) 37

CHAPTER X: PROCEEDING BEFORE REGISTER OF WILLS

Rule 10.5 replaces Rule 5.6

Rule 10.6 replaces Rule 6.12

Fee for filing Certification of Notice and Status

Report not prohibited - NEW

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CHAPTER III: PETITION PRACTICE

If not proceeding by Objections to an Account

Conform Orphans’ Court petition practice to civil division procedure

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SUMMARY OF CHAPTER III General Rules that apply to all Pleadings

Rule 3.2 (Captioning), Rule 3.3 (General and Specific

Averments), and Rule 4.1 (Format)

Rule 3.12 (Signing) and Rule 3.13 (Verification)

Rule 3.14 (Amendment) and Rule 3.15 (Alternative Pleading)

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SUMMARY OF CHAPTER III

Rules specific to Petition

Rule 3.4 (Contents of Petition and Exhibits/Consents)

Rule 3.5 (Citation Petition v. Notice Petition)

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SUMMARY OF CHAPTER III Rules specific to Responsive Pleadings

Rule 3.6 (Pleadings Allowed) and Rule 3.8 (Headings)

Rule 3.7 (Time for Filing and Service of Responsive Pleadings)

Rule 3.9 (Preliminary Objections)

Rule 3.11 (Raising new matter in Answer)

Rule 3.10 (Denials in Answer)

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RULE 3.5: CITATION V. NOTICE PETITION Citation Petition

When personal jurisdiction needed Not previously obtained Not conferred by statute

Service of citation: original process (Rule 3.5(b)(1))

Follow civil rules – personal service By any adult individual

See PEF Code 765 – sheriff not needed

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RULE 3.5: CITATION V. NOTICE PETITION Notice Petition

When personal jurisdiction not required Or jurisdiction previously obtained

Service of Notice Petition –regular mail

Regular mail, postage prepaid Notice to Plead Affixed

Rule to Show Cause and Rule Returnables will be governed by Local Rule

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RULE 3.6: PLEADINGS ALLOWED AFTER PETITION

An answer that can include new matter

A reply to new matter

Preliminary Objections– see Rule 3.9

Answer to Preliminary Objections

Petition to Join One or More Parties

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RULE 3.9: PRELIMINARY OBJECTIONS PERMITTED

Preliminary Objections are broader than for an Account

Include all grounds under Pa.R.C.P. 1028 EXCEPT: (7) Failure to exercise or exhaust statutory remedy;

and (8) Full, complete, and adequate non-statutory

remedy

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TIME AND SERVICE OF RESPONSIVE PLEADING

Time: 20 days

20 days after later of date of citation/notice or date of filing

If outside United States – 60 days

Responding to all subsequent filings – 20 days

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TIME AND SERVICE OF RESPONSIVE PLEADING Who to serve (See Rule 3.7 (b))

Responsive Pleading

Mail to all other interested parties

identified in petition

Filed with OC Clerk

Mailed to Petitioner or

Counsel

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This is a NEW requirement

SPECIFIC TYPES OF PETITION

Current Rule 12

Becomes Chapter

V

And Chapter V adds a new rule for Declaratory Judgment Petition

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RULES FOR PRE-HEARING AND HEARING Discovery

Same as current rule. Controlled by local rule and specific court orders

New Rules Permit Motion for Judgment on Pleading (See Rule 7.2)

Motion for Summary Judgment (See Rule 7.3)

Injunction (See Rule 7.4)

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