(a)
A petition for adjudication/statement of proposed distribution shall be filed
with the clerk at the time of filing an Account.
(b) In addition to other information required
by the form, the petition for adjudication/statement of proposed distribution
shall set forth the name of each interested party (whether
sui
juris or not) who is not receiving notice of the filing of the Account
and the filing of the petition for adjudication/statement of proposed
distribution because another individual or entity is proposed to represent such
interested party pursuant to
20 Pa.C.S. §
751(6) or §§
7721-7726, and shall set forth additional facts as to the following:
(1) a statement of the interested party's
interest in the property; and
(2)
for representation being proposed pursuant to
20 Pa.C.S. §
751(6),
(i) a statement that the interested party is
not sui juris or is unborn, unknown or unascertained;
and
(ii) one of the following:
(A) a statement that the proposed
representative has an interest in the property similar to that of the
interested party who is not sui juris or is unborn, unknown or
unascertained; or
(B) a statement
that the proposed representative is the sui juris living
ancestor of the interested party who is not sui juris or is
unborn, unknown or unascertained and that such living sui juris
ancestor has an interest in the property that is not adverse to that
of the interested party who is not sui juris or is unborn,
unknown or unascertained; and
(3) for representation in trust matters being
proposed pursuant to
20 Pa.C.S. §§
7721-7726,
(i) an explanation about how the interested
party's interest in the property can be adequately represented by the proposed
representative pursuant to
20 Pa.C.S. §
7723,
(ii) a statement that with respect to the
matter at issue there is no conflict of interest between the proposed
representative and the interested party to be represented that will or might
affect the impartiality of the proposed representative (except as provided
pursuant to
20 Pa.C.S. §
7723(7)); and
(iii) one of the following:
(A) either a statement that the proposed
representative has been informed of the right to decline such representation
pursuant to
20 Pa.C.S. §
7725
within the time period set forth therein and has failed to inform the trustee
in writing that he or she declines to be the proposed representative;
or
(B) that the proposed
representative's signed consent to serve is attached as an exhibit to the
petition for adjudication/statement of proposed
distribution.
(c) The petition for adjudication/statement
of proposed distribution shall be accompanied by such legal paper as is
required by the form.
(d) At least
one of the accountants stating the Account shall sign and verify the petition
for adjudication/ statement of proposed distribution in accordance with Rules
3.12 and 3.13.
(e) Counsel for the
accountant shall sign the petition for adjudication/statement of proposed
distribution in accordance with and pursuant to Rule 3.12.
Note: Although substantially modified, Rule
2.4 is derived from former Rule
6.9. One modification is to
require averments for virtual representation under
20 Pa.C.S. §
751(6) generally and
representation in "trust matters" pursuant to
20 Pa.C.S. §§
7721
et seq. Another
substantial modification is the addition of subparagraph (e) that requires
counsel to sign the petition for adjudication/ statement of distribution
attesting that the submitted petition for adjudication/statement of
distribution accurately replicates the Model Form and subjects counsel to rules
and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4.
(See Rule 3.12.)
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
Pennsylvania. See Rule 1.99.
