Enforcement Procedure

Current through March 1, 2017

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]

2.7.1 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 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.

________________

[Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The petition of Harvey White respectfully states that:

1. On July 7, 2000, Joseph B. Dunn died a resident of Philadelphia, Pennsylvania.

2. 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.

3. Petitioner is a party in interest in the Estate of Joseph B. Dunn, Deceased being a creditor in the amount of $5,000.

4. 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

[SEE AFFIDAVIT AT 1.4.1 ]

Note: 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]

2.7.2PETITION FOR ORDER TO FILE AN ACCOUNT

DECREE

Now, ____________________, 2000, 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.

____________________

PETITION FOR ORDER TO FILE AN ACCOUNT IN ACCORDANCE WITH SECTION 3501.1 OF THE PEF CODE

The petition of Harvey White respectfully states that:

1. 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.

2. The said citation was served upon Jane R. Dunn, Executrix, and proof of service duly made has been filed of record.

3. 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 PROCESS]

2.7.3PETITION 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.

____________________

PETITION FOR CITATION FOR WRIT OF ATTACHMENT

The petition of Harvey White respectfully represents that:

1. 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.

2. 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.

3. 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]

2.7.4

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 following

ORDER

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 ____________________.

____________________

PETITION FOR ATTACHMENT

The petition of Harvey White respectfully represents that:

1. 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.

2. 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.

3. Jane R. Dunn has failed to comply with the order.

4. 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 ____________________.

5. The Citation was personally served upon respondent on ____________________ and proof of service duly made and filed of record.

6. 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