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Home My WebLink About02-01-07 . . 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 DECREE AND NOW, this -/,;r:- day of ~ ' 2007, upon consideration of the Petition of Pennsylvania Guardianship Association, Inc., and ten (10) days having elapsed since notice of the Return of Sale was given to parties in interest with no objections being made thereto, the proposed sale of real property to Jared D. Leer for One Hundred and Twenty Four Thousand Dollars ($124,000.00), according to the January 20, 2007 Agreement of Sale of Real Estate is hereby authorized and upon receipt of the full purchase price, the court appointed plenary guardian of the Estate is authorized to make, execute and deliver a Deed conveying all interest of Ruth V. Spatzer to Jared D. Leer for the premises at 32 Highland Drive, Camp Hill, Pennsylvania 17011. The purchase money shall be accounted for by the plenary guardian of the Estate in the annual accounting filed with this Court. J. I) ',- ; i "'1"1'" ..i! '(.'.........,. .-"'" . 'I' J J..01 !.JJ \~JJ~yHd!:JO /d::; iJ ryO : 11 J.{V I 8] - .:J LOOZ f'.C-- .. In Re: ESTATE OF RUTH V. SPATZER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-2006-0813 CERTIFICA TE OF SERVICE OF ORDER ORDER DATE: 02/01/07 JUDGE'S INITIALS: EEG TIME STAMP DATE: 02/01/07 IN RE: DECREE """"""""""""""""""""""""""""""",.,""'""""""""""""""""""""""""""" SERVICE TO: DAYNEJACK CATHLEEN POLING GEORGE F. JACK METHOD OF MAILING: ENVELOPES PROVIDED BY: [gJ USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE [gJ CLERK OF ORPHANS COURT MAILED: 02/01/07 '.:p~ .Jv...uIU. ~ Orw """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SER VICE TO: ELIZABETH D SNOVER, ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: [gJ USPS DRRR o HAND DELIVERED DOTHER_ [gJ PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 02/01/07 ~~~~p^- 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 (...., ,. -::0 : -- ~ -:".: f"...;) c:.~ :.t C~;3 -..J TO THE HONORABLE JUDGE OF SAID COURT: -(" (-) I'> ; ~c- iTl ,'0 '-.D The Petition of The Pennsylvania Guardianship Association, Inc. represents tbat:, -:J C,J ,"--l T'.') D 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. ~ 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: /-~-~7 By: ~~ Eliza th D. Snover Bar ID# 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for PA Guardianship Assoc. 01/24/2007 11:26 FAX JDS&W VERIF:lCMjDN ~ 004/006 I, Brian Brooks, President of PA Guardianship A&soc., verify that the statemehts made in the foregoing Petition are true and correct to the best of my knowledge, information .and belief. ~I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 rel~ting to unsworn falsification to authorities. Dated: / /~~ /7 ~~~.6::~ ' Brian Brooks, President Pennsylvania Guardianship Associate.. Inc. .. \*-. EXHIBIT A --. "'.~---"~-'-'-""'--_.' -- '-~'-'-'''.~-_.'''---'- . , -'-~-,._._---~ jU{I!Y h DlHi: 1(1C/L\I(i) 1\.';/TW\i:1 n:)';' \',Tin>n::l'. flJ OF COUNSEL LI1:\)ti\:'i) (-) \-jYI':Jt.< [).\\f1j V.- LIEf! j<)l 1\ ~;T.;\Ti .]~I\ JOHNSON DUFFIE /f'FFi:iZ:''jr,)\ j. Sl-jli;\'f/\ f{.\LPr; H \\i"LIC;I!T.iP :\1.\ r~j,' I ):_:[.'FI; !()1 1 ~', I:. r-'J l,\:r),~l':\ illlClP.F!. i. (\SSJ:l) ,Vjj;.iY':Si\ PEr,,! (lnri-".'" ~/1 i,I.:E! j) i\j'\i I' L:U//\I~i:T[ i I l\:I:l; January 26, 2007 L. f;u;\:\ 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, EDS:290469 Enclosure JOHNSON, DUFFIE, STEWART & WEIDNER CC~. ~~~ Elizabeth ~er ';0 jj; ---..------.---. ..-..-.-- "'''--'--- --.----.----..- ------. .,-_.. ._~-~,-_.__._.~ JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. . . . I , 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 J4n. dIP ,2007: Oayne 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~O. Snover Bar 10# 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for PA Guardianship Assoc.