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Local Rules of the Court of Common Pleas Of Mercer County
Orphans' Court Rules

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RULE 5. NOTICE

5.1. Method.

Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, whenever notice is to be given a person, it shall be given:

  1. by service upon the attorney appearing of record for such person; or
  2. if there is no such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or
  3. if his residence is not known, by publication once a week during three successive calendar weeks in the legal periodical, if any, and in a newspaper of general circulation published at or near his last known residence within the county; or
  4. in such other manner as the court shall direct.

5.2. Method; Person Under Incapacity.

Whenever notice is to be given a person who is not sui juris, notice shall be given to his guardian or trustee, but if there is no such guardian or trustee, notice shall be given in such manner as the court by general rule or special order shall direct. The return of such notice or an averment of such notice in a pleading shall set forth the incapacity of the person who is not sui juris and the name and address of his representative or other person who has been notified on his behalf.

5.3. Time for Notice.

Whenever notice of the intention to do any act is required, such notice shall be given at least ten days prior to the doing of the act, unless a different period is specified by a rule adopted by the Supreme Court or by an Act of Assembly.

5.4. Return of Notice.

Return of notice shall be by affidavit of the person serving, mailing, publishing or delivering such notice.

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5.5. Charities; Notice to the Attorney General.

In every proceeding in the Orphans' Court involving or affecting a charitable interest with the exception hereinafter set forth, at least fifteen days advance written notice thereof shall be given to the Attorney General of the Commonwealth of Pennsylvania at his principal office at Harrisburg, Pennsylvania, or to a deputy of his whom he shall have designated for such purpose for the judicial district in which the proceeding is pending. The notice shall include or he accompanied by such of the following as may be appropriate:

  1. The caption of the case;
  2. a description of the nature of the proceeding;
  3. the date, time and place where the matter is to be heard by the court to the extent then known;
  4. the name of the decedent, settlor, incompetent or minor, if not disclosed by the caption;
  5. a copy of the will or other instrument creating the charitable interest;
  6. the name and address of any specific charity which may be affected by the proceeding;
  7. if the charitable interest is a present interest and the estimated present value of the property involved exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved;
  8. a description of any unresolved claim and any material question of interpretation or distribution likely to be submitted for adjudication which may affect the value of the charitable interest;
  9. the names and addresses of all fiduciaries;
  10. the name and address of counsel for the fiduciary; and
  11. the name and address of counsel for any charity who has received notice or has appeared for it and the name of the charity which he represents.

Proof of service of the above notice by registered or certified mail or an acknowledgment of such notice received from the Attorney General or his deputy shall be filed of record in every proceeding involving a charitable interest prior to the entry of any decree.

Unless the Orphans' Court directs otherwise by local rule adopted after the effective date hereof, no notice to the Attorney General or his designated deputy shall be required with respect to a pecuniary legacy to a charity in the amount of $25,000 or less which has been or will be paid in full.

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