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Home My WebLink About01-29-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 21-06-813 ORPHANS' COURT ESTATE OF RUTH V. SPATZER RETURN OF SALE BY THE GUARDIAN OF INCAPACITATED PERSON'S ESTATE FOR CONFIRMATION TO SELL REAL PROPERTY TO THE HIGHEST BIDDER AT A PUBLIC SALE IN ACCORDANCE WITH PENNSYLVANIA ORPHANS' COURT RULE 14.4 -.) (") . ;~-) :.JI ,~--.J .~- , ---\! 't 1 ) ) ~--) TO THE HONORABLE JUDGE OF SAID COURT: r,) 1,-;:") The Petition of The Pennsylvania Guardianship Association, Inc. represents that: :._'J r"-,) c:: 1. Petitioner, Pennsylvania Guardianship Association ("PA Guardianship Assoc.") is a guardianship agency located at 1253 Wabank Road, Lancaster, PA 17603. 2. On October 26, 2006, after a hearing, this court appointed PA Guardianship Assoc. as guardian of the estate and person of Ruth V. Spatzer, an incapacitated person and posted a bond of $100,000.00 as required by the Court's Order of Appointment. 3. Ruth V. Spatzer, age 87, is domiciled in Cumberland County, Pennsylvania and possesses little assets save her real property at 32 Highland Drive, Camp Hill, Cumberland County, Pennsylvania. 4. Ruth V. Spatzer is the current owner in fee simple of real property located at 32 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 5. In or about November 2006 the PA Guardianship Assoc. petitioned this Court to allow a public sale of the above referenced property which petition was granted by Order dated November 29,2006. 6. The public sale by auction was scheduled for January 20,2007, well after the holidays. 7. The auction was advertised in the Patriot News's Guide for Real Estate on December 13, 2006; January 3, 2007; and January 17, 2007. 8. There was significant interest in the property and an estimated 30 people were in attendance at the auction. c, 9. During competitive bidding, we were able to garner a high bid of $124,000.00 for the property, from Jared D. Leer at 440 Arlington Road, Camp Hill, Pennsylvania 17011. 10. Simultaneous to its filing, this Return of Sale was sent via first class mail to Ms. Spatzer's next of kin in accordance with local rules, so that they might have ten (10) days in which to object to the purchase price. See, Letter attached as Exhibit "A". 12. PA Guardianship Assoc. petitions this Court to issue a decree approving the sale of said real property for the sum of One Hundred and Twenty Four Thousand Dollars ($124,000), which your Petitioner believes is an excellent price for the property given its current condition and size of approximately 934 square feet. 13. Furthermore, the assessed value of the property is One Hundred and Four Thousand Seven Hundred and Twenty Dollars ($104,720.00) with a fair market value from the Department of Revenue Common Ratio being One Hundred Nineteen Thousand Three Hundred Eighty Dollars and eighty cents ($119,380.80). WHEREFORE, Petitioner, PA Guardianship Assoc., respectfully requests that this Court to issue a Decree of Confirmation nisi and approve the public sale of 32 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011 that took place on January 20, 2007 and authorize your Petitioner to execute a deed conveying the real property to Jared D. Leer for the sum of One Hundred and Twenty Four Thousand Dollars ($124,000). JOHNSON, DUFFIE, STEWART & WEIDNER Date: 1-~-()7 By: ~~v~ Bar 10# 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for P A Guardianship Assoc. 01/24/2007 11:26 FAX JDS&W ~ 004/006 VERIRCA nON '. Brian Brooks, President of PA Guardianship Assoc., veriiy that the statemeflts made in the foregoing Petition are true and correct to the best of my knowledge, information "and belief. 11' understand that false statements herein are made subiect to the penalties of 18 Pa.C.S. ~4904 rellting to unswom falsification to authorities. &~~.&~ ' Blian Brooks. President Pennsytvania Guardianship Associatell, Inc. Dated: / la-'ll? EXHIBIT A OF COUNSEL J .- OHNSON DUFFIE January 26, 2007 VIA FIRST CLASS AND CERTIFIED MAIL Mr. Dayne Jack Route 2, Box 110 Buckhannon, WV 26201 Ms. Cathleen Poling Route 9, Box 290 Buckhannon, WV 26201 Mr. George F. Jack 1517 Oakwood Avenue Raleigh, NC 27610 Re: Ruth V. Spatzer Public Sale Dear Sirs and Madam: I am enclosing herewith a Return of Public Sale which was filed with the Orphan's Court of Cumberland County, Pennsylvania. The sale was held on January 20, 2007 for the property of Ruth V. Spatzer located at 32 Highland Drive, Camp Hill, Pennsylvania 17011. As you can see, we received a high bid of $124,000.00 for the property, which is above the market value for the property. This money will be used solely for the benefit of Mrs. Spatzer's medical care and bills in accordance with Pennsylvania law. If you have any objections to the purchase price, you have ten (10) days from the date of this letter in which to file objections to the sale in accordance with Local Orphan's Court Rules. If you have any questions please feel free to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER ~~4'~c,tv~ ~W"- Elizabeth C(Snover EDS:290469 Enclosure JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania on Jttn. ('J.1.t ,2007: Dayne Jack Route 2, Box 110 Buckhannon, WV 26201 Cathleen Poling Route 9, Box 290 Buckhannon, WV 26201 George F. Jack 1517 Oakwood Avenue Raleigh, NC 27610 By: ?~ ~~~ ~~ Elizab~D. Snover Bar 10# 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for PA Guardianship Assoc.