COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Register of Wills of Berks :County, Pennsylvania JUDICIAL SUBPOENA Plaintiff(s) CERTIFICATION OF NOTICE UNDER RULE 5.6(a) -against- : : Estate of No. : also known as Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .Deceased . . . . . . ....... Date of Death Social Security No. TO THE REGISTER OF WILLS OF BERKS COUNTY, PENNSYLVANIA: THE PEOPLE OF THE STATE OF NEW YORK I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on TO _____________________________________: NAME ADDRESS GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date,now been and give all persons entitled thereto under Rule 5.6(a) except: Notice has to testify given to evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Date: Witness, Honorable Court in County, Signature day of , one of the Justices of the , 20 Name (Please type or print) Address (Attorney must sign above and type name below) Attorney(s) for ( ) Tel. No. Office and P.O. Address Capacity: Personal Representative Counsel for personal representative This form completed using PA Register of Wills Automated Docket System Copyright 2001, E-ware, Inc., Reading, PA 19606 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. SUPREME COURT ORPHANS' COURT RULES RULE 5.6 : Plaintiff(s) NOTICE TO BENEFICIARIES AND INTESTATE HEIRS JUDICIAL SUBPOENA -against- : (a) REQUIREMENT OF NOTICE. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative's counsel shall send a written notice of estate : administration in the form set forth in Rule 5.7: (1) every person, corporation, association, entity or other party named in decedent's will as an outright : beneficiary whether individually or as a class member; Defendant(s) : . . . . . . . . . . (2). . .the. decedent's .spouse .and children, whether.or . . .they.are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . not . . . . named in, or have an interest under, the will; (3) where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of the Probate, Estate and Fiduciaries Code; THE PEOPLE OF THE STATE OF NEW YORK or legal custodian of any beneficiary who is a minor child under (4) the appointed guardian of the estate, parent the age of eighteen (18) years; TO (5) the appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is adjudicated an incapacitated person; (6) the Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000 or which will not be paid in full; GREETINGS: (7) the Attorney General on behalf of any governmental beneficiary; WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (8) , the Honorable the trustee of any trust which is a beneficiary; and at the Court located at County of (9) such other persons and in such manner as may be required by any local rule of court. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (b) DEFINITION OF BENEFICIARY. "Beneficiary" shall be deemed to include any person who may have an interest by virtue of the Pennsylvania anti-lapse statute, 20 Pa.C.S. section 2514. (c) MANNER OF NOTICE. Notice shall be given by personal service or by first-class, prepaid mail to each person and Your failure to comply with this subpoena is or reasonably available to the personal representative. entity entitled under subdivision (a)(1)-(9) whose address is knownpunishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a (d) CERTIFICATION OF NOTICE. Within ten (10) days after given the notice required by subdivision (a) of this Rule, result of your failure to comply. the personal representative or the personal representative's counsel shall file with the Register or Clerk a certification in the form set forth in Rule 5.7(b) that notice has been given as required by this Rule. No fee shall be required by the Register or Clerk for filing the certification required by this subdivision. Witness, Honorable , one of the Justices of the Court in (e) day of , 20 FAILURE TOCounty, FILE CERTIFICATION. Upon the failure by the personal represenative or the personal representative's counsel to file the certification on a timely basis, the Register shall, after ten (10) days prior written notice to the delinquent personal representative and his counsel notify the Court of such delinquency Official Note: The 1998 amendment to subdivision (e) is not intended to limit the inherent power of the (Attorney must sign above and type name below) Court to impose sanctions upon a delinquent personal representative or counsel. (f) EFFECT OF NOTICE. This Rule shall not alter, diminish or confer existing rights. (g) COPIES OF RULE. The Register shall deliver a copy of Rules 5.6 and 5.7 to each personal representative and Attorney(s) for counsel at the time letters are granted. Official Note: It is not the intention of the Rule to require notice beyond the degree of consanguinity entitling a person to inherit under Chapter 21 of the Probate, Estates and Fiduciaries Code. Office and P.O. Address This form completed using PA Register of Wills Automated Docket System Copyright 2001, E-ware, Inc., Reading, PA 19606 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com