Fill and Sign the Petition Remove File Form

IN THE _____________________________________COURT OF ______________________________________COUNTY STATE OF ___________________________________________________ ___________________________________________ PETITIONER VS. CAUSE NO. ____________ ___________________________________________ RESPONDENT PETITION TO REMOVE AND REINTER THE REMAINS OF ___________________________________________________ Comes now _____________________________________________ (Petitioner), Petitioner herein and the natural daughter of ___________________________________, deceased, and respectfully petitions this Court, and for cause of Petition would show unto the Court the following matters and facts, to-wit: 1. Petitioner is, and at all times mentioned, was a resident of _____________ ________________________________________________________________________ ________________________________________________________________________ _____________________________ (street address, city, county, state, zip code) and a surviving daughter of the Decedent, __________________________________________ 2. __________________________________________________________, Respondent, is, and at all times mentioned was, a corporation, organized and existing under the laws of __________________________________________________ (state) , with its principal place of business located at ___________________________________ ________________________________________________________________________ ________________________________________________________________________ _________________________ (street address, city, county, state, zip code), and engaged in and transacting the business of a cemetery in _________________________________ ________________________________________________________________________ (city, county, state). The cemetery is known as __________________________________ Cemetery. 3. Decedent died on _________________________________ ( date) in ________________________________________________________________________ ________________________________________________________________________ (city, county, state), and was buried in Respondent's cemetery. 4. Respondent breached its contract with Petitioner for the perpetual care of Decedent's grave by allowing the grave to become overgrown with weeds and otherwise abused and neglected, and, although Respondent has been repeatedly notified of the bad condition of the grave, Respondent has failed and refused, and continues to fail and refuse, to remedy the condition. 5. On ________________________________ ( date) , Petitioner obtained a permit from _____________________________________________________________ (name of governmental agency) allowing Petitioner to remove the remains of Decedent from Respondent's cemetery. A copy of the permit is attached as Exhibit A, and incorporated herein by reference. 6. On ___________________________________ ( date) , Petitioner obtained from ___________________________________________________________________ _____________________________________________ (name of governmental agency or court) an order for the removal of Decedent's remains from Respondent's cemetery. 7. The closest surviving next of kin have consented in writing to the removal of the body of Decedent from Respondent's cemetery. Copies of their consent are attached as __________________________________________________ (e.g., Exhibits B through D) and incorporated herein by reference. 8 . On ______________________________________ ( date) , Petitioner requested that Respondent consent to or allow the removal of the remains of Decedent from its cemetery, but Respondent failed and refused to so consent, and continues to fail and refuse to consent. A copy of Petitioner's request for removal of the Decedent's remains is attached as Exhibit E, and incorporated herein by reference. WHEREFORE, Petitioner requests that this Court order a hearing of this Petition, and after the hearing, order Respondent to authorize and consent to the removal of the remains of the Decedent from Respondent's cemetery for interment in ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (name and address of cemetery where remains are to be re-interred) , and that the Court grant such other and further relief as the Court deems just and proper. ____________________________________ Petitioner OF COUNSEL: _________________________________________________ (Name of Attorney) Post Office Box __________-_____________ City, State, Zip Code ______________________________________________________ ______________________ Telephone: _________-_________-____________ STATE OF ____________________________________ COUNTY OF _____________________________ Personally appeared before me, the undersigned authority at law in and for the aforesaid jurisdiction, ___________________________________________ (Petitioner) , who, after being first duly sworn, stated that the matters and things set forth in the above and foregoing Petition are true and correct as therein stated. ____________________________________ Petitioner SWORN to and subscribed before me, this the day of _________________________ , 20_____. Notary Public My Commission Expires: