Petition for Finding of Death in Accordance with 20 Pa. C.S.A.§5701

Current through March 1, 2017

[SEE CAPTION AT 1.3.1 ]

PRELIMINARY DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition, and in accordance with 20 Pa. C.S.A. § 5704, the Court orders the Petitioner to proceed with advertisement in a newspaper of general circulation in Philadelphia County and in The Legal Intelligencer, once a week for four successive weeks, advertising the fact of the application for a Decree that Joseph B. Dunn be declared a presumed Decedent and that the Register of Wills of Philadelphia County is authorized to probate the Will of Joseph B. Dunn dated March 30, 1979, and to issue Letters Testamentary thereon to the person thereto entitled. Said advertisement shall include notice that on ____________________, 20 _____, at _____ _____.m. in Room _____, City Hall, Philadelphia, Pennsylvania, the Court will hear evidence concerning the alleged absence including the circumstances and duration thereof.

At least 20 days written notice shall also be given to the next of kin who are sui juris, personally or by certified mail.

____________________

[Decree on following page]

[SEE CAPTION AT 1.3.1 ]

DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition and after a hearing on ____________________, it is hereby ORDERED and DECREED that Joseph B. Dunn died on July 30, 2000, and that the Register of Wills of Philadelphia County is authorized to probate the Will of Joseph B. Dunn, Deceased dated March 30, 1979, and to issue Letters Testamentary thereon.

____________________

{Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The Petition of Jane R. Dunn respectfully states that:

1. Joseph B. Dunn ("presumed Decedent") resided at 261 Horse Hair Road, Philadelphia, Pennsylvania.

2. The presumed Decedent left his residence on July 7, 2000, and has been absent and unheard of since that date.

3. Petitioner is the wife of the presumed Decedent.

4. The presumed Decedent told Petitioner when he left his residence that he would return later that day. The following day, Petitioner received written and telephoned demands for payment of a ransom for the return of the presumed Decedent. No such payments were made. Unidentified individuals then threatened to kill the presumed Decedent if the demands were not met by July 30, 2000.

5. Petitioner has attempted without success to locate the presumed Decedent by contacting and cooperating with the Philadelphia Police and the Federal Bureau of Investigation.

6. Copies of newspaper accounts and reports of the investigation are attached hereto as Exhibit "A."

7. Petitioner accordingly believes the presumed Decedent died on or about July 30, 2000.

8. The presumed Decedent left a Will dated March 30, 1979, a copy of which is attached hereto as Exhibit "B."

9. The presumed Decedent's estate consists of cash and marketable securities worth approximately $650,000.

Wherefore, Petitioner respectfully requests that this Court direct the advertising of the filing of this Petition and fix a hearing date and thereafter, pursuant to 20 Pa. C.S.A. § 5701, enter a Decree finding that Joseph B. Dunn died on July 30, 2000, and authorizing the Register of Wills of Philadelphia County to probate Joseph B. Dunn's Will dated March 30, 1979, and to issue Letters Testamentary thereon.

____________________

Jane R. Dunn

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]

Note: The advertisement of the hearing on this Petition may be in the following form:

To: Joseph B. Dunn, late of

261 Horse Hair Road

Philadelphia, PA 19000,

his heirs, and all persons interested in his estate or having any knowledge of his whereabouts:

Notice is hereby given that Jane R. Dunn has petitioned the Orphans' Court Division of the Court of Common Pleas of Philadelphia County to enter a Decree finding that JOSEPH B. DUNN died on or about July 30, 2000, and authorizing the Register of Wills of Philadelphia County to receive his last Will for probate and to issue Letters Testamentary thereon. The Court will hear testimony and receive evidence concerning the presumed death of JOSEPH B. DUNN at 10:00 A.M., on July 5, 2001, in Room 314, City Hall, Philadelphia, Pennsylvania.

All persons who have any knowledge of JOSEPH B. DUNN are asked to attend the Court hearing or to contact the undersigned at once.

____________________

John Trustworthy

343 Court Street

Philadelphia, PA 19000

Counsel to Jane R. Dunn, Petitioner