Petition to Restrain the Payment or Transfer of Property in Accordance with 20 Pa. C.S.A.§2211(d)

Current through March 1, 2017

[SEE CAPTION AT 1.3.1 ]

PRELIMINARY DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition it is hereby ORDERED and DECREED that a Citation is awarded, directed to Old Faithful Bank and Harry Doe, Co-Trustees, to show cause why they should not be restrained from making any further payments or distributions to Trust beneficiaries and from selling or otherwise conveying any Trust assets until further Order of the Court.

The citation is returnable the _____ day of ____________________, 20 _____ in Room _____, City Hall, Philadelphia, Pennsylvania, at _____ _____.m.

____________________

[Decree on following page]

[SEE CAPTION AT 1.3.1 ]

DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that the Old Faithful Bank and Harry Doe, Co-Trustees, are restrained from making any further payments or distributions to Trust beneficiaries and from selling or otherwise conveying any Trust assets until further Order of the Court.

____________________

[Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The Petition of Jane Dunn respectfully states that:

1. Joseph B. Dunn died on July 7, 2001, having resided at 261 Horse Hair Road, Philadelphia, PA 19199.

2. Petitioner resides at 261 Horse Hair Road, Philadelphia, PA 19199, where she resided at the time of Decedent's death.

3. Petitioner is the surviving spouse of Decedent and married Decedent on June 26, 1976, at St. Mary's Church, Philadelphia, PA 19199, before Rev. Manus McKenzie.

4. Decedent left a Will dated March 30, 1999, and Letters Testamentary thereon were granted on July 16, 2001,to Harry Doe of 999 West Avenue, Philadelphia, PA 19199, by the Register of Wills of Philadelphia County.

5. An Election has not yet been filed by Petitioner.

6. On January 15, 1990, Decedent placed certain property into trust including real estate known as premises 505 East Street, Philadelphia, PA 19199, (having a present fair market value of approximately $150,000) and approximately $75,000 in various bank accounts.

7. By the terms of the Deed of Trust, copy of which is annexed hereto as Exhibit "A," all of the income was payable to Decedent for life. Upon his death, the Trust was to terminate absolutely and the assets distributed to James Dunn, Decedent's brother.

8. The Trustees of the aforesaid Trust are the Old Faithful Bank, 10 Main Street, Philadelphia, PA 19199 and Harry Doe, 999 West Avenue, Philadelphia, PA 19199.

9. The assets of the aforesaid Trust are likely to be subject to Petitioner's right to elect pursuant to 20 Pa. C.S.A. § 2203.

10. Failure to restrain further distributions from the Trust or the sale or conveyance of any Trust assets is likely to result in irreparable injury to Petitioner.

Wherefore, Petitioner requests that a Citation be awarded, directed to Old Faithful Bank and Harry Doe, Co-Trustees, to show cause why they should not be restrained from making any further payments or distributions to Trust beneficiaries and from selling or otherwise conveying any Trust assets until further Order of the Court.

____________________

Jane R. Dunn

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]

Refer to Philadelphia Rule 12.3.2 for list of exhibits to be annexed to the Petition. Proof of service of a copy or copies of the citation and the return of the original Citation to the Court, is made at the hearing just as it is in proceedings involving incapacitated persons. In the case of real estate, a certified copy of the Court's order restraining the sale should be promptly recorded in the proper office of recording deeds. See 20 Pa. C.S.A. § 2211(f).