HomeMy WebLinkAbout12-13-07
IN RE:
ESTATE OF
RUBY I. GEHR
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-07-00671
PETITION UNDER SECTION 3353 OF PROBATE,
ESTATES AND FIDUCIARY CODE FOR ORDER
OF COURT DIRECTING SALE OF MOBILE HOME
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TO THE HONORABLE, THE JUDGES OF SAID COURT:
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AND NOW, comes Evelyn Reeder, Executrix of the Estate of RubYJ, ~ehr, N
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deceased, by and through her attorney, Michael A. Scherer, Esquire, and respectfullr
represents as follows:
1. Ruby I. Gehr died on July 10,2007, a resident of Cumberland County,
Pennsylvania.
2. The decedent's Will dated August 3, 1999 named Evelyn Reeder as
Executrix and was admitted to probate on July 18, 2007.
3. The averments in the Petition filed on December 11, 2007 in the Estate of
Charles J. Nelson docketed to 21-07-611, Cumberland County, Pennsylvania are
incorporated herein by reference as if fully set forth herein, pursuant to Pa.R.C.P
1019(g).
4. Ruby I. Gehr and Charles J. Nelson were the owners of a 2001 Heritage
Mobile Home at the time of their deaths, which mobile home was located at 21 Hidden
Noll Road, Carlisle, PA 17013.
5. The assets of the Ruby I. Gehr estate total $8,081.50 as set forth in
"Exhibit A" which is attached hereto.
6. The estate of Ruby I. Gehr is believed to be insolvent. The debts of the
estate are itemized and listed on "Exhibit B" which is attached hereto.
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7. The aforesaid mobile home was appraised for $50,600.00 by Terry
Kimbel, a board certified mobile home appraiser.
8. Despite ongoing efforts to market and sell the mobile home, and despite
numerous interested parties, no one can obtain the financing to purchase the mobile
home.
9. The Gehr estate has received a bonafide offer to purchase the mobile
home for $30,000.00.
10. After commissions and usual deductions from the sale of the mobile
home, the Gehr estate would be expected to net approximately $13,750.00 in
proceeds.
11. With a sale of the mobile home for $30,000.00, the assets in the Gehr
estate would total approximately $23,000.00.
12. Presently, undersigned counsel is expecting estate obligations in the
amount of $39,352.00.
13. The executrix would like to sell the mobile home for $30,000.00 at this
time for the following reasons:
a. The mobile home broker advises that the mobile home likely will
not sell until the Spring of 2008.
b. The Executrix is concerned about the housing and finance markets
and is uncertain whether the mobile home can be sold at or near
the appraised price in the Spring of 2008.
c. Lot rent, insurance and other bills will increase the obligations of
the estate over the next several months with no guarantee of a sale
of the mobile home in the Spring of 2008.
d. The Executrix is concerned to leave the mobile home vacant over
the winter for fear of fire, vandalism or other destructive events that
could devalue the mobile home or make it difficult or impossible to
sell.
WHEREFORE, the Executrix, Evelyn Reeder, respectfully requests that this
Honorable Court direct that she be permitted to sell the mobile home in question for
$30,000.00.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: December 13, 2007
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Mic!hael A. Scherer, Esquire
1.0. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/estates/gehr/mobilehome2.pet
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COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
Ruby I Gehr
FILE NUMBER
21-07-0671
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property Jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
1. Reliance Insurance policy proceeds
6,500.00
5.00
2. Members First Federal Credit Union Savings Account # 250297-00
3. Orrstown Bank Checking Account # 143000484
469.18
4. Household goods, furniture and furnishings and miscellaneous personal effects valued at sale prices
1,107.02
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
"EXHIBIT A"
8,081.20
OBLIGATIONS OF ESTATE OF
RUBY I. GEHR
1. Costs of Administration:
a. Probate Fees, Register of Wills $ 63.00
b. Cumberland Law Journal, advertisement $ 75.00
c. Sentinel, advertisement $ 198.52
d. Terrence I. Kimble, appraisal $ 100.00
e. Lot Rent, Sept. and Nov. $ 630.00
Total administrative costs paid $ 1,066.52
Unpaid Items:
a. Lot rent, July and August (one-half total) $ 295.00
b. Register of Wills, estimated
filing fees and probate fees $ 250.00
c. Estimated attorney's fees, O'Brien, Baric & Scherer $ 7,500.00
d. Executor's commission $ 2,500.00
e. Mobile home cleaning, refuse removal $ 720.00
f. Mobile home winterization (one-half total) $ 62.50
Total unpaid items $ 11,327.50
2. Family Exemption: not applicable
3. Funeral and burial costs & medical expenses within
six months of date of death
a. Hollinger Funeral Home $ 2,815.00
b. Manorcare Nursing Home $ 1,992.50
c. East Pennsboro Ambulance $ 80.00
d. Yellow Breeches Ambulance $ 419.50
Total funeral, burial & medical expenses $ 5,307.00
4. Grave Marker: not applicable
"EXHIBIT B"
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5.1 Claims by Commonwealth and political subdivisions: unknown
Claims secured by lien on mobile home title
a. North Middleton Authority, sewer and water
one-half of total
b. Robin K. Sollenberger, Tax Collector
i. Countyffwp taxes (one-half total)
ii. School taxes (one-half total)
Total secured claims
$
$
$
$
106.90
417.53
306.51
830.94
Total Administrative Costs, Priority
and Secured Claims
$ 18,531.96
6. Unsecured Claims
a. Members First FCU (Charles Nelson co-debtor)
b. Members First FCU (Charles Nelson co-debtor)
c. Susquehanna Valley FCU (Charles Nelson co-debtor)
d. NCD Financial Systems (Charles Nelson co-debtor)
e. Comcast
f. Embarq
$ 486.57
$ 8,041.89
$ 6,576.55
$ 5,457.92
$ 49.00
$ 211.00
Total unsecured claims $ 20,822.93
Note: Items a., b. and c. were listed at full amount of debt as these
obligations are joint with Charles Nelson, whose estate will be able
to pay little or nothing on those claims, shifting liability therefor
to the Gehr estate.
Total debts, Expenses $ 39,354.89
and Obligations