Chester County Pa Motion to Continue
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Public Access Information
By Order dated April 23, 2018, the Supreme Court of Pennsylvania amended Rules of Professional Conduct 1.1, relating to attorney competence, and 1.6, relating to confidentiality. These amendments require an attorney to be familiar with the policies and rules of courts in which the lawyer practices, which include the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These amendments went into effect on July 1, 2018.
Public Access Policy
General Orphans' Court
All Petitions must comply with Pa. O.C. Rule 3.5
Rule 3.5(a) Mode of proceeding on petition: Citation Practice [to obtain personal jurisdiction]
Rule 3.5(b) Notice Practice [Requiring service with Notice prior to or contemporaneous with filing of petition. The petition must have appended to it a certificate of service]
Failure to comply with this Rule precludes scheduling of a hearing.
Petitions for Temporary Guardianship of a Minor
Petitions for temporary guardianship pursuant to Act 88 of 2018 shall be filed with the Prothonotary.
See Administrative Regulation 2-2020.
Orphans' Court Local Rules
Affidavit of Deposit
Entry of Appearance for Attorneys
Entry of Appearance for Self Representing Parties
Motion with Order for Continuance
Remote Appearance Request FormChecklist for Guardian of a Minor
Inventory for Guardian of a Minor*
The following Decrees are not for use with Adoptions or Guardianships of Incapacitated
Preliminary Decree (Updated August 2021)
Preliminary Decree for Citation (Updated August 2021)
*Forms provided by the AOPC
Adoptions
Adoption Termination and Report of Intent
New Case Caption Alert
Effective immediately, on all Adoption, Termination and Report of Intent filings, the Case Caption must show ONLY THE INITIALS of the adoptee/child NEVER the full name. The full name may be in the content of the filing. The Adoption Packet has been revised to reflect this change. The filings will be accepted, but Orphans' Court Administration will request that all pages with an incorrect caption be corrected and re-submitted.
ACT 101 Notice
An Act 101 Notice must be provided in accordance with 23 Pa.C.S.A §2733(c) at the time of the filing of the petition for involuntary termination, at the time of service of the notice of the involuntary termination hearing or upon the filing of the petitions for confirmation of consent and adoption. It is required that an affidavit of service (personal, or certified mail, restricted delivery, return receipt requested) or an acknowledgement of receipt of notice signed by the birth parent(s) and/or others to whom notice must be provided be filed of record. The adoption hearing will not be scheduled until notice and proof of acknowledgement thereof has been provided to the court.
United States/Domestic Born Children
- Adoption Packet (Not for use for Adoptions of Foreign Born Children)
Please note, the Notice used in Involuntary Termination of Parental Rights cases has been amended (see pg 49 of the packet) as of 2/4/2022 - Preliminary Decree for Adoption Do use Prelim in Packet
- Easy Guide to Adoption Filing Fees
Act 101 Forms
- Notice Sample
- Acknowledgement of Notice Sample
Checklists
- Adoption by Unmarried Couple
- Adult Adoption with Name Change**Per statute, 54 Pa.C.S. 702(a) this action is ONLY available if the Adoptee is a current resident of Chester County
- Adult Adoption Without Name Change
- Alternative Relinquishment of Putative Father
- Change Birth Record - Gestational Carrier
- Confirm Consent
- Full Adoption of Foreign Born Child
- Involuntary Termination of Parental Rights
- Petition for Adoption
- Registration of Foreign Decree
- Report of Intention to Adopt
- Report of Intermediary
- Voluntarily Relinquishing Parental Rights to Agency
- Voluntarily Relinquishing Parental Rights to Individual
Foreign Born Children
Excerpt from the Order Amending Rule 15.8 and Adopting Rule 15.9
Registration of Foreign Adoptions
Petition to Register Foreign Adoption Decree*
Final Decree Granted* Must be included with Petition
Final Decree Denied* Must be included with Petition
Verification of Translator*Filing Instructions*
HD01275F - Statement of Citizenship and Residency
HD01273F - Certificate of Adoption of a Foreign-Born Child
Checklist for Registration of Foreign Decree
Full Adoption of a Foreign Born Child
Petition for Adoption of a Foreign Born Child**Forms provided by the AOPC
Preliminary Decree*
Final Decree*
Report of Intermediary*
Verification of Translator*HD01275F - Statement of Citizenship and Residency
HD01273F - Certificate of Adoption of a Foreign-Born Child
Checklist for Full Adoption of Foreign Born Child
Guardian of Incapacitated
New Guardianship Orphans' Court Rules took effect June 1, 2019. All filings must be in compliance with the new Rules prior to any matter being scheduled.Emergency Guardianships
If you are filing an Emergency Guardianship Petition
please read the Procedure.When filing an Emergency Guardianship Petition a separate petition needs to be filed for the Emergency Guardianship in addition to the Petition for Adjudication of Incapacity.Petitions for emergency guardianships must follow the requirements of Pa.O.C. Rule 14.2(d), as well as 20 Pa.C.S. §§ 5513 and 5511.
Submit the following forms with the Emergency Petition:
Order for Emergency Guardianship.
Order Extending Emergency Guardianship. Updated August 2022. This order, which will extend the emergency guardianship, will only be signed upon the occurrence of a specific set of circumstances. Preliminary Decree for Emergency Guardianship. This will be signed if a 72-hour/extension hearing is required. Updated August 2021.
*Forms provided by the AOPC
Plenary (Full or Limited) Guardianships
Preliminary Decree for Guardianship (Updated August 2021)
Citation with Notice*
Checklist for Guardianship Petition (this may be used as a template for the preparation of the Guardianship Petition)
Expert Report *
Consent to Serve as Guardian
Verification for Guardianship Petition
Order for Appointment of Counsel for Alleged Incapacitated Person
Notice to the Court of Non Representation
Affidavit of Service of Citation with Notice & Petition
Final Order Appointing Guardian
Affidavit of Service of Right to AppealNotification of Mental Health Commitment SP4-131*must be filed with the Petition
Notice of Filing Reports*
Duties of the Guardian of the Person
Duties of the Guardian of the Estate
The Guardian Inventory and Annual Guardian Reports of the Estate and Person may no longer be submitted by paper; they must be submitted electronically. Please go to the following site to submit the Guardian Inventory and Annual Guardian Reports: http://ujsportal.pacourts.us.
Account Audit Administration
Audit Calendar for 2022Entry of Appearance
Motion and Deferral for Call of the Audit
Please note- If this motion is granted the Petition for Adjudication and the Account will still be called during the scheduled Audit. However, the matter will thereafter be placed onto the next Audit list.
Checklists
Account for Decedent Estate
Account for Incapacitated/Minor
Account for Trusts/Power of Attorney
Schedule of DistributionNotice of Charitable Gift*
Certificate of Award of Real Estate - Sample only - not to be used for filing
Model Forms of Account
- Model Estate Account*
- Model Trust Account*
- Model Charitable Remainder Unitrust Account*
Petitions for Account Adjudication
Decedent Estate*
Trust*
Guardian of Estate of Incapacitated Person*
Guardian of Estate of Minor*
Principal's Estate (Under Power of Attorney)*
*Forms provided by the AOPC
Decedent Estates
Frequently Asked Questions** Form must be signed in the Office of the Register of WillsAs of September 1, 2016 many of the forms are provided directly by the AOPC.
Petition for Probate and Grant of Letters**
Estate Information Form
Oath of Subscribing Witness
Unavailable Witness Affidavit & Oath of Non-Subscribing Witness
Renunciation
Inventory
Certification of Notice
Status Report
Short Certificate Request form - only for estates on file in this office
Exemplification of Probate Record Request Form - only for estates on file in this office
Notice of Claim
Small Estate Petition and Decree (updated for new Orphans' Court rules as of 10/1/2020)
Small Estate Affidavit - For insurance purposes only
Informal Caveat
Affidavit and Release of Bond
Affidavit of DeathEstate Settlement Information Packet
Notice of Estate Administration
§3101 Payments to Family and Funeral Directors - Section (b) Deposit Accounts
Safe Deposit Box Inventories and Notice
Marriage Licenses
Frequently Asked QuestionsMarriage License Waiver Request Form
Certified Marriage Record Request Form
Exemplification of Marriage Record Request Form
- Requirements and Fees
- Marriage License Policy Statements
- Apostille Information
Source: https://www.chesco.org/434/Forms
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