January 9, 2012
NOTICE
Pursuant to Sup. R. 5(A)(2) notice is hereby given that following the expiration of the time for notice and comment, the Judge of the Probate Division of the Common Pleas Court of Allen County, Ohio, intends to adopt the following new or amended Local Rules of Court. Any comments on these proposed rules should be made in writing on or before January 30, 2012, and should be directed to: Court Administrator, Allen County Probate Court, P.O. Box 1243, Lima, OH 45802. Comments may additionally be submitted by FAX: 419-221-3432
or by e-mail: thamman@allencountyohio.com. Contact information would be helpful but is not required.
Rule 5.4 Publication By Posting [NEW]
[Supplementing Sup R 5]
Upon proper motion and entry, in any proceeding where any type of notice other than service of summons is required by law or deemed necessary by the court, and the statute providing for notice neither directs nor authorizes the court to direct the manner of its service, pursuant to CIV R 73(E)(7) the Court may direct that publication shall be made posting and mail consistent with the provisions of CIV R 4.4. Pursuant to that rule, in addition to posting at the Allen County Courthouse, posting shall be made at any two (2) of the following designated locations:
(1) Allen County Title Department
419 N. Elizabeth Street
Lima, OH 45801
(2) Lima Municipal Court
109 N. Union Street
Lima, OH 45801
(3) Allen County Department of Job and Family Services
1501 S. Dixie Highway
Lima, OH 45804
(4) Allen County Department of Health
219 East Market Street
Lima, OH 45801
Amendment to Local Rule 57.2:
Local Rule 57.2 will be amended to read as follows: [Amended language is in italics]
Upon the initial filing of any matter captioned in the name of
a deceased individual, or the termination of a guardianship due
to the death of the ward, the applicant shall file with the court
a copy of the decedent’s death certificate unless waived by the
court for good cause shown.
Rule 58.1(E) Fee – Special Projects Funds: [NEW]
Pursuant to R.C. 2303.201(E) the Court has determined that for the efficient operation of the court, additional funds are necessary to acquire and pay for special projects of the court, including but not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, the employment of magistrates, the training and education of judges and magistrates, and other related services.
A Special Projects fund fee of Fifty Dollars ($50.00) shall be collected on the filing of each civil action and the following proceedings: an estate (full administration); guardianship, trust, adoption, wrongful death, and sale of structured settlement. A Special Project fund fee of Twenty-Five Dollars ($25.00) shall be collected on the filing of the following proceedings: other estate (ex. release from administration), minor settlement (without a guardian), correction of birth record, registration of birth, and name change.
Amendment to Local Rule 64.2:
The third paragraph of this rule shall be amended to read as follows:
The vouchers or proof required to verify disbursements
and distributions can be made in the form of cancelled
checks, paid receipts, bills stamped paid by the payee,
vouchers in a form approved by the court; copies of any
of the above as found acceptable by the court; and other
proof acceptable to the court. Unless otherwise ordered by
the Court, copies of the front only of cancelled checks are
acceptable, if accompanied by a statement from the financial
institution confirming that the check was cashed in the amount
for which it was drawn.
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