Section 3.5. Mode of proceeding on petition

Proceeding on petition shall be by citation to be awarded by the Court upon application of petitioner in any case where jurisdiction over the person of the respondent is required and has not previously been obtained. In all other cases, proceedings on petition shall be by notice. In either event a copy of the petition shall be served with the citation or notice unless service thereof is made by publication. Neither a citation nor notice shall be required where all parties in interest are the petitioners or their consents or joinders are attached.

Explanatory Note

The distinction between commencement of proceedings by petition with notice as contrasted with petition with citation has been generally a hazy one for most of the profession. A misstep can be quite troublesome if not fatal, viz: Hicks Estate, 414 Pa. 131, 199 A.2d 283, 1964. For this reason it is suggested that an explicit statement thereof would be of value even though possibly redundant. Similarly the last sentence seems obvious but members on the Orphans’ Court bench have reported otherwise.