4.8
Petition to Fix the Amount of Additional Security upon Sale by an Administrator of Real Property in Accordance with 20 Pa. C.S.A. 3351

 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 
DECREE
 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Jane R. Dunn, Administrator of the Estate of Joseph B. Dunn, Deceased, enter additional security in the amount of $____________ with Fire Insurance Company as surety, and upon the entry of same the Administrator is authorized to receive the proceeds of sale of premises 47 Main Street, Philadelphia, Pennsylvania.

 
 
 
   
 
J.
 
 
 

 
 
 

[SEE CAPTION AT 1.3.2]

 
 
PETITION
 
 

The Petition of Jane R. Dunn respectfully states that:

 
1.

Joseph B. Dunn died a resident of 47 Main Street, Philadelphia, Pennsylvania, on July7, 2001, intestate.
 
2.
Letters of Administration were granted to Petitioner by the Register of Wills of Philadelphia County on July 16, 2001.
     
3.
The Inventory of the assets of the Decedent has not been filed, but the total estimated value of the estate is $44,900 of which $7,900 is the appraised value of premises 47 Main Street, Philadelphia, Pennsylvania.
     
4.
Fire Insurance Company has filed its bond as surety on the bond of the Administrator in the amount of $74,000.
     
5.
  Premises 47 Main Street, Philadelphia, Pennsylvania, were owned by the Decedent at the time of his death and contain a two-story dwelling of brick construction; the premises are now occupied by Jane R. Dunn; the current tax assessment is $3,100.
     
6.
  On October 1, 2001, Petitioner executed an Agreement to sell the premises to John H. Doe, of 789 Main Street, Philadelphia, Pennsylvania, for $7,900. A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A."
     
7.
  Attached hereto as Exhibit "B" is a schedule setting forth a computation of the estimated net proceeds which Petitioner will receive at the time of settlement (including an itemized list of estimated closing expenses) indicating that Petitioner will receive the net amount of $7,200 at the time of settlement.
     
8.
  There are no mortgages, delinquent taxes, judgments, or any other liens of record with respect to the premises known to Petitioner.
     
9.
  The parties in interest in the Estate of Joseph B. Dunn, Deceased, all sui juris, are as follows:
   
   
 

Jane R. Dunn
47 Main Street
Philadelphia, PA 19000

Widow and Administratrix
     
 

Mr. Joseph B. Dunn, Jr.
6 North Street
Philadelphia, PA 19000

Son
     
 

Miss Elaine S. Dunn
567 Main Street
Philadelphia PA, 19000

Daughter
     
  Mrs. Ann Smith
201 Pine Street
Philadelphia PA, 19000
Daughter
     
10.
  The consents of all of the parties except Ann Smith are attached.
     
11.
  Notice of the filing of this Petition was mailed to Ann Smith on October 15, 2001, and a copy of the Notice is attached.
     
12.
  The Appraisal of 47 Main Street by John Q. Black, a qualified appraiser, is attached as Exhibit "C."
     
13.
  The sale is desirable for the proper administration and distribution of the estate because the real estate is inappropriate for distribution to four adult beneficiaries who maintain separate residences.
 
Wherefore, Petitioner respectfully requests that she, as Administratrix of the Estate of Joseph B. Dunn, be directed to enter such additional security as this Court determines, with Fire Insurance Company as surety, and upon entry of the same, she be authorized to receive the proceeds of sale of premises 47 Main Street, Philadelphia, Pennsylvania, as more particularly described herein.
 
 
 
   
 
Jane R. Dunn
 
 
 
 
Note: See Philadelphia Rule 12.10.B, 20 Pa. C.S.A. 3325, 3326, 3351 and 7141. If no bond was initially required because it was excused by the governing instrument or otherwise excused by 20 Pa. C.S.A. 3174, no additional security is required by 20 Pa. C.S.A. 3155 and no petition to fix or waive additional security is necessary.
 
 

The following should be attached to the above Petition:

 
1.
Certification of counsel that in the opinion of counsel the estate is solvent and that no objection to the sale of the premises by a party in interest is known. In the alternative, an appraisal by a qualified appraiser may be attached.
 
2.
A copy of the Will, Deed of Trust or Decree by which Petitioner was appointed.
     
3.
A copy of the Agreement of Sale.
     
4.
Consents to the sale signed by any parties in interest who do not join in the Petition.
     
5.
  A copy of the Notice given to those parties who do not consent or join in the Petition, together with their addresses and the date on which Notice was mailed.
     
6.
  A schedule setting forth a computation of the estimated net proceeds Petitioner will receive at the time of settlement, including an itemized list of estimated closing expenses.
 
 
 

 
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