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2.7 |
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The
following four Petitions constitute the four sequential steps of the attachment
procedure, whereby the fiduciary is ultimately brought before the Court
en banc for failure to file his or her Account. The remedy for
contempt of the Court's order to file the Account is confinement, until
there is compliance with the order. All four Petitions are filed pursuant
to Rule 3.5.B and the place for filing is with the Clerk. Service of the
writ of attachment is made by the Sheriff.[STEP
1 IN THE ATTACHMENT PROCESS]
Petition for Citation to Show Cause
Why an Account Should Not Be Filed in
Accordance with Section 3501.1 of the PEF Code
DECREE
Now,___________________,
20____, upon consideration of the annexed
Petition, it is hereby ORDERED and DECREED that a Citation is awarded, directed
to Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, to show
cause why she should not be required to prepare and file immediately an
Account in the Office of the Clerk of the Orphans' Court Division of Philadelphia
County.This
Citation is returnable sec. leg.|
J.
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PETITION
The Petition of Harvey White respectfully states that:
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1.
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On July 7, 2000, Joseph B. Dunn died a resident of Philadelphia, Pennsylvania. | ||
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2.
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Letters Testamentary were granted by the Register of Wills of Philadelphia County to Jane R. Dunn, 47 Main Street, Philadelphia, Pennsylvania on July 15, 2000. | ||
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3.
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Petitioner is a party in interest in the Estate of Joseph B. Dunn, Deceased being a creditor in the amount of $5,000. | ||
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4.
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More than six months have expired since the first complete advertisement of the grant of Letters Testamentary and the Executrix has failed to file an Account and may now be cited to file her Account in accordance with Section 3501.1 of the PEF Code. | ||
Wherefore,
Petitioner respectfully requests that a Citation be awarded, directed to
Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, to show
cause why she should not be required to prepare an Account and file the
same in the Office of the Clerk of the Orphans' Court Division of Philadelphia
County.|
Harvey White |
 |
Under Section 3501.1 of the PEF Code, a personal representative may be cited to file an Account at any time after the expiration of six months from the first complete advertisement of the original grant of letters. |
[STEP 2 IN THE ATTACHMENT
PROCESS]
Petition for Order to File an Account
DECREE
Now,___________________,
20____, proof of service of Citation having
been filed of record and there being no appearance or answer on behalf of
respondent, it is hereby decreed and ordered that Jane R. Dunn, Executrix
of the Will of Joseph B. Dunn, Deceased, file an Account of her administration
of the decedent's estate in the office of Clerk of the Orphans' Court Division,
Room 415, City Hall of Philadelphia County within [
ten] days after personal service of this order upon her. |
The judge may allow more time. |
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J.
|
PETITION FOR ORDER TO FILE AN ACCOUNT
IN ACCORDANCE WITH SECTION 3501.1 OF THE PEF CODE
IN ACCORDANCE WITH SECTION 3501.1 OF THE PEF CODE
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1.
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On June 30, 2000, this Court awarded a Citation directed to Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, to show cause why she should not file an Account of her administration of the estate. | ||
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2.
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The said Citation was served upon Jane R. Dunn, Executrix, and proof of service duly made has been filed of record. | ||
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3.
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No answer has been made by Jane R. Dunn, nor has she filed an Account. | ||
Wherefore,
Petitioner respectfully requests this Court to enter a Decree ordering Jane
R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, to file an Account
of her administration of the estate in the office of the Clerk of the Orphans'
Court Division, Room 415, City Hall of Philadelphia County within [ten]
days after personal service of the order upon her.|
Harvey White |
[STEP 3 IN THE ATTACHMENT
PROCES]
Petition for Citation for Writ of Attachment
DECREE
Now,___________________,
20____, it appearing that Jane R. Dunn,
Executrix of the Will of Joseph B. Dunn, Deceased, has failed to file an
Account of her administration of the above-captioned matter as directed
by this Court by Decree dated _______________ which was personally served
upon the said respondent on _______________, it is hereby ORDERED and DECREED
that a Citation is awarded, directed to Jane R. Dunn, Executrix of the aforementioned
estate to show cause why a Writ of Attachment should not issue for failure
to comply with the Order of Court dated _______________, directing her to
file an Account of her administration of the above-captioned estate.Copy
of Petition and Citation to be personally served on the said Jane R. Dunn,
Executrix.This
Citation is returnable sec. leg.|
J.
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PETITION FOR CITATION
FOR WRIT OF ATTACHMENT
FOR WRIT OF ATTACHMENT
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1.
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This Honorable Court by Decree _______________ dated issued an Order to Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, directing her to file an Account of her administration of the estate within [ten] days after service thereof. | ||
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2.
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A copy of the said Order and Petition were personally served upon Jane R. Dunn on ____________________, and proof of service duly made and filed of record. | ||
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3.
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The said Jane R. Dunn has failed to comply with said Order. | ||
Wherefore,
Petitioner requests that a Citation be awarded directed to Jane R. Dunn
to show cause why a Writ of Attachment should not issue for failure to comply
with the Order of Court dated ____________________.|
Harvey White |
[STEP 4 IN THE ATTACHMENT
PROCESS]
Petition for Attachment
DECREE
Jane
R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, has failed to
file an Account of her administration of the above captioned estate as directed
by this Court by Decree dated ____________________. She has further failed
to respond to the Citation to Show Cause why a Writ of Attachment should
not issue against her, which was personally served upon the said respondent
on ____________________.Accordingly,
we enter the followingORDER
Now,___________________,
20____, it is hereby ORDERED and DECREED that an Attachment issue against
Jane R. Dunn returnable ____________________ at 10:00 a.m. in Courtroom
426 City Hall, Philadelphia, Pennsylvania, at which time Jane R. Dunn shall
show cause why she should not be held in contempt of Court for failure to
comply with this Court's Order dated ____________________.|
J.
|
PETITION FOR ATTACHMENT
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1.
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Your Honorable Court by Decree dated _______________, entered an Order on Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, directing her to file an Account of her administration of the estate within ten days after service thereof. | ||
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2.
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A copy of the Order and Petition were personally served upon Jane R. Dunn on ________________, and proof of service duly made and filed of record. | ||
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3.
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Jane R. Dunn has failed to comply with the Order. | ||
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4.
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A Citation was then awarded on directed to Jane R. Dunn to show cause why a Writ of Attachment should not issue for failure to comply with the Order of Court dated _______________. | ||
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5.
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The Citation was personally served upon respondent on and proof of service duly made and filed of record. | ||
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6.
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No answer has been filed to the Citation nor has the respondent filed an Account as ordered by this Court in its Decree dated _______________. | ||
Wherefore,
Petitioner requests that a Writ of Attachment issue against Jane R. Dunn
for failure to file an Account or to reply to the Citation.|
Harvey White |