Form of Completed Petition and Answer

Current through March 1, 2017

[SEE CAPTION AT 1.3.1 ]

DECREE

Now, , 20 , upon consideration of the annexed petition, it is hereby decreed that a citation is awarded, directed to Jane R. Dunn, Executrix of the Will of John B. Dunn, Deceased, to show cause why she should not be required to prepare and file immediately an account in the Office of the Clerk of Orphans' Court of Philadelphia County.

This citation is returnable sec. leg.

_______________________

[SEE CAPTION AT 1.3.2 ]

PETITION

The petition of Harvey White respectfully states that:

1. On January 1, 2000, Joseph B. Dunn died a resident of Philadelphia, Pennsylvania.

2. Letters Testamentary were granted by the Register of Wills of Philadelphia County to Jane R. Dunn, 47 Main Street, Philadelphia, Pennsylvania, on January 15, 2000.

3. Petitioner is a party in interest in the Estate of Joseph B. Dunn, being a creditor in the amount of $5,000.

4. More than six months have expired since the first complete advertisement of the grant of Letters Testamentary and the Executrix has failed to file an account and may now be cited to file her account in accordance with 20 Pa. C.S.A. § 3501.1.

Wherefore, Petitioner respectfully requests that a citation be awarded, directed to Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, to show cause why she should not be required to prepare an account and file the same in the Office of the Clerk of Orphans' Court of Philadelphia County.

_______________________

Harvey White

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]

* Proof of Service must be filed with the Clerk's Office on the original red-lined citation promptly after service has been completed.

[SEE CAPTION AT 1.3.2 ]

ANSWER

Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased, in answer to the petition of Harvey White to show cause why she should not be required to file an account of her administration of the estate of the decedent, respectfully states that:

1. Respondent admits the allegations in paragraph 1 of the petition.

2. Respondent admits the allegations in paragraph 2 of the petition.

3. Respondent denies the allegations in paragraph 3 of the petition because the decedent, Joseph B. Dunn, incurred the indebtedness in question solely in his capacity as president of Joseph B. Dunn, Inc., and not in his individual capacity.

4. Respondent admits that no account has been filed by her to date, but denies that Petitioner is entitled to such an accounting because he is not a creditor of the decedent and not a party in interest.

NEW MATTER

5. Respondent has not completed the administration of the estate, and, therefore, is not prepared to file her account.

Wherefore, respondent respectfully requests that Petitioner's request be denied.

_____________________

Jane R. Dunn

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]