HomeMy WebLinkAbout07-07-04IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
THE ESTATE of HERBERT L. HULL,
Deceased
Late of Camp Hill Borough
No. 2002 - 00515
PETITION FOR RULE TO SHOW CAUSE WHY THE EXECTOR SHOUIJD NOT BE
HELD IN CONTEMPT FOR FAILURE TO COMPLY WITH THIS COURT'S ORDER
TO FILE A SECOND AND PARTIAL ACCOUNT NO LATER THAN APRIL 1~ 2004~
EXTENDED BY AGREEMENT TO APRIL 23~ 2004
AND NOW COMES the petitioner, Tracy A. Hull, by and through the undersigned
attorneys, and petitions this court for a Rule directed to Lawrence C. Hull, executor of the Estate
of Herbert L. Hull, to Show Cause, if any there be, why he should not be held in contempt for
failure to comply with this Court's order to file a second, partial account no later than April 1,
2004, extended by agreement until April 23, 2004, stating in support the following:
1. Lawrence C. Hull, the executor of the Estate of Herbert L. Hull, has failed to comply with
this Court's order, issued by the Auditor, requiring him to file a second and partial account of his
administration of the estate by April 1, 2004, extended by agreement of the parties until April 23,
2004.
2. The executor's First and Partial Account has been objected to as failing to conform to the
requirements of Orphans' Court Rule 6.1, and the executor has not answered these objections
(see the petitioner's motion for judgment on the pleadings with respect to the said objections as
to the form of the account, filed on even date herewith).
3. The relief requested in the accompanying motion, viz. an order directing the executor to
withdraw his first account and file a proper accounting of his administration of the estate through
June 30, 2004, in substantial conformity with Orphans' Court Rule 6.1, will likely have no more
effect than this Court's prior order to file an account by April 1, 2004, unless accompanied by an
express threat of sanctions to be imposed against the executor for failure to timely comply.
WHEREFORE, the petitioner prays this Court for a Rule to Show Cause, if any there be, why the
executor should not be held in contempt for failure to file his second account by April 1, 2004
(extended by agreement to April 23), to be enforced by a suitable daily financial penalty, made
dischargeable, however, upon his filing, within thirty (30) days of the return date of this Rule, a
proper account, in compliance with O.C. Rule 6.1, of his administration of the estate through
June 30, 2004.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated:
By:
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737- 3405