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Court Rule

N14.2.1 Petition and Hearing

RULE N14.2.1. PETITION AND HEARING.
 
(a) A petition to adjudicate a person incapacitated shall allege the existence and location of all testamentary writings by the alleged incapacitated person of which the petitioner has knowledge.
 
(b) Within ten (10) days of filing of the petition to adjudicate a person incapacitated, counsel for petitioner shall present to the Motions Judge a written notification to the Court, indicating whether counsel has or has not been retained by or on behalf of the alleged incapacitated person. If independent counsel has not been retained, such counsel shall be appointed by the Court. Counsel for petitioner shall present a proposed order for this purpose.
 
(c) At the hearing to establish incapacity, petitioner shall present testimony from individuals qualified, pursuant to statutory requirements at PEF Code § 5518, in person, or, in uncontested cases, such testimony may be presented by deposition or by telephone by use of equipment which allows all persons present at the hearing to hear the testimony simultaneously.
 
(d) The petition shall contain the following information:

Last Name_________________ First Name_______________Middle Name__________ Jr., etc. Maiden Name________________Aliases Social Security No. Sex____ Race___________Height_____Weight______ Hair Color_______ Eye Color____ Address ________________________________________
 
Comment: Section (d) has been added in order to permit the Court to comply with the requirements of 18 Pa.C.S.A. §6111.1(f).

Amended June 4, 1998; effective July 27, 1998.
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Created at 1/29/2016 4:16 PM by Vitek Gajewski
Last modified at 1/29/2016 4:16 PM by Vitek Gajewski
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