Loading...
HomeMy WebLinkAbout10-29-07 IN THE MATTER OF THE ESTATE OF * IN THE COURT OF COMMON PLEAS OF MARY F. WERTZ, A1K1A MARY FAY * CUMBERLAND COUNTY, PENNSYLVANIA WERTZ, DECEASED, LATE OF THE * ORPHANS' COURT DIVISION TOWNSHIP OF UPPER ALLEN, * COUNTY OF CUMBERLAND AND * FILE NO. 21-07-0431 r- STATE OF PENNSYLVANIA * PETITION FOR LEAVE TO PURCHASE REAL ESTATE BY CO-EXECUTOR TO THE HONORABLE, THE JUDGES OF THE ABOVE NAMED COURT: -, ... The Petition of Thomas F. Wertz and Joseph V. Wertz, by their attorney, Gerald L', P. Neugebauer, Jr., Esquire, respectfully represents that: 1. Mary F. Wertz, also known as Mary Fay Wertz, hereinafter referred to as Decedent, died testate on April 20, 2007. 2. Glenda Farner Strasbaugh, Register of Wills of Cumberland County, Pennsylvania, acting in accordance with ITEM III of the Last Will and Testament of Decedent, appointed your Petitioners, Thomas F. Wertz and Joseph V. Wertz, as Co-Executors of the Estate of Decedent on May 4, 2007. 3. Said Last Will and Testament of Decedent provides, inter alia, as follows, verbatim: ITEM II. I give, devise and bequeath all the rest, residue and remainder of my property, real, personal or mixed, tangible and in- tangible, of whatsoever nature and wheresoever located and all property to which I may be entitled or over which I may have any power of disposition or appointment and whether acquired during or after my lifetime unto my husband, EDWIN G. WERTZ, absolutely and in fee simple, provided that he survives me by sixty (60) days of my death; if EDWIN G. WERTZ should predecease me or shall die within sixty (60) days of my death, then I give, devise and bequest the said rest, residue and remainder of my property as follows: (a) All the rest, residue and remainder of my property shall go equally to children, namely: MARIAN FAY BUMANN, ANNA MAY HATCH, EDWIN WERTZ, JR., CAROL ANN TEMOFONTE, MARY LINDA WILLOUGHBY, ELIZABETH ANN GUY, PATRICK DENNY ~ WERTZ, THOMAS F. WERTZ, JOSEPH V. WERTZ and SISTER LUCILLA WERTZ, share and share alike. The Decedent's husband, Edwin G. Wertz, predeceased her, having died on February 9, 1991. 4. Decedent died seized of, inter alia, all of the following described real estate: ALL that certain lot of ground situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Orchard Lane (40 feet wide) which said point is the division line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 64 and 65, South 84 degrees 11 minutes West, one hundred twenty-eight and seventeen (128.17) feet to a point in the division line between Lots Nos. 65 and 91 on said Plan; thence along the division line between Lots Nos. 65 and 91 and Lots Nos. 65 and 90, North 07 degrees 18 minutes West, ninety and three one-hundredths (90.03) feet to a point in the division line between Lots Nos. 65 and 66 on said Plan; thence along the division line between Lots Nos. 65 and 66 on said Plan, North 84 degrees 11 minutes East, one hundred thirty and fifty one-hundredths (130.50) feet to a point in the western line of Orchard Lane, aforementioned; thence along the western line of Orchard Lane, South 05 degrees 49 minutes East, ninety (90) feet to a point in the division line between Lots No. 64 and 65, afore- mentioned, at the point and place of beginning. BEING Lot No. 65, Section "F" in the Plan of Lots of Paul T. Shearer and I. S. Eberly, known as RESERVOIR HILL, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 14, at page 44. HAVING thereon erected a single dwelling house. UNDER AND SUBJECT to all exceptions, reservations, restrictions and conditions contained in prior deeds of conveyance. BEING the same premises the title to which became vested in Edwin G. Wertz and Mary F. Wertz (also known as Mary Fay Wertz), his wife, by Deed from Jack E. Bertolette and Edna M. Bertolette, his wife, dated November 29, 1967, and recorded November 30,1967, in the office for the recording of deeds, etc., in and for Cumberland County in Deed Book P, Volume 22, page 122. The said Edwin G. Wertz died on February 9, 1991, thereby vesting title solely in his wife, the said Mary F. Wertz (also known as Mary Fay Wertz), the Decedent herein, as the surviving tenant by the entirety. Said certain lot of ground is hereinafter referred to as the Estate real estate. 5. The names and addresses of all of the heirs at law of Decedent, as per the said ITEM II (fully detailed at paragraph 3 above), are as follows: A. Marian Fay Bumann 6655 Corte Maria Carlsbad, CA 92009 B. Anna May Hatch 12133 Green Beaver Road Salem, OH 44460 E. Mary Linda Willoughby 430 Jennifer Drive New Cumberland, PA 17070 D. Carol Ann Temofonte 3921 Murry Hill Court Murrysville, PA 15668 F. Elizabeth Ann Guy 830 Old Mill Drive Loveland, OH 45140 C. Edwin Wertz, Jr. 621 Hollen Road Baltimore, MD 21212 G. Patrick Denny Wertz 320 E. Main Street Mechanicsburg, PA 17055 H. Sister Mary Lucilla Wertz Saints Peter & Paul Convent 1947 East Adams Tucson, AZ 85719 I. Thomas F. Wertz (one of your Petitioners) 25 Stone Tower Lane Wilmington, DE 19803 J. Joseph V. Wertz (one of your Petitioners) 410 Orchard Lane Mechanicsburg, PA 17055 6. All of the testate heirs of the Estate of Decedent have agreed to the sale the Estate real estate to Joseph V. Wertz, one of your Petitioners, in his individual capacity, for a gross consideration of $145,500.00, which agreement is evidenced by the signatures of your Petitioners hereafter and is also evidenced by signed consents attached hereto and made a part hereof and marked as Exhibits A through H, respectively. The consent of one of the testate heirs, Carol Ann Temofonte (marked as Exhibit D), was conditioned upon a proper appraisal, which was obtained. All other consents were unconditional. 7. So that the aforementioned sale may be effectuated, your Petitioners request that one of your Petitioners, Joseph V. Wertz, be authorized to purchase, in his individual capacity, the Estate real estate for a gross consideration of $145,500.00, and that your Petitioner, Thomas F. Wertz, be authorized to execute and deliver to Joseph V. Wertz a Deed conveying the Estate real estate to him, in his individual capacity, for a gross consideration of $145,500.00. WHEREFORE, your Petitioners respectfully request your Honorable Court, pursuant to Section 3356 and Section 5101 (2) of the Pennsylvania Probate, Estates and Fiduciaries Code of 1972, P.L. 508, as amended, 20 Pa.C.S.A. 3356 and 5101(2), to enter an ORDER: A. Authorizing Joseph V. Wertz, one of the Co-Executors of the Estate of Mary F. Wertz, also known as Mary Fay Wertz, to purchase, in his individual capacity, the Estate real estate from Decedent's Estate for a gross consideration of $145,500.00, and B. Authorizing and directing Thomas F. Wertz, one of the Co- Executors of the Estate of Mary F. Wertz, also known as Mary Fay Wertz, to execute and deliver to Joseph V. Wertz a Deed conveying the Estate real estate to him, in his individual capacity, for a gross consideration of $145,500.00. And they will ever pray, etc. GaUgebaUer, Jr., Esquire Attorney for Co-Executors STATE OF PENNSYLVANIA * * SS: COUNTY OF CAMBRIA * THOMAS F. WERTZ and JOSEPH V. VVERTZ, being duly sworn according to deposes and says law, depose and say1hat the facts set forth in the foregoing PETITION FOR LEAVE TO PURCHASE REAL ESTATE BY CO-EXECUTOR are true and correct to the best of his their4mowledge, information and belief. T~{:Jp Joseph V. Wertz Sworn to and subscribed before me this 10th day of October ,2007. ~(2J1. Notary Public NOTARIAL SEAL CA'THrntNE M. KENT, NOTARY PUBliC EBENSBURG BORO., CAMBRIA COUNlY MY COMMISSION EXPIRES SEPT. 5, 2009 STATE OF PENNSYLVANIA * * SS: COUNTY OF CAMBRIA * THOMAS F. VVERTZ and JOSEPH V. WERTZ, being duly sworn according to deposes and says law, depose' and say that the facts set forth in the foregoing PETITION FOR LEAVE TO PURCHASE REAL ESTATE BY CO-EXECUTOR are true and correct to the best of his .ti:lQu:lknowledge, information and belief. Thomas F. 'Nertz Sworn to and subscribed before me this 12th day of October ,2007. ~% ' ~ Notary PUbli~ NOTARIAL SEAL CATHERINE M. KENT, NOTARY PUBLIC EBENSBURG BORO., CAMBRIA COUNlY MY COMMISSION EXPIRES SEPT. 5. 2009 GERALD P. NEUGEBAUER, JR. ATTORNEY AT LAW GERALD P. NEUGEBAUER, JR. 12M WEST SECOND STREET CRESSON. PENNSYLVANIA 16630 .lAMBS H. CONNELL..nt.. C19a9 - 1981) (814) 886-2352 FACSIMILE (814) 886-2363 August 29,2007 Marian Fay Bumann 6655 Corte Maria Carlsbad, CA 92009 Mary Linda Willoughby 430 Jennifer Drive New Cumberland, PA 17070 Anna May Hatch 12133 Green Beaver Road Salem,OH 44460 Elizabeth Ann Guy 830 Old Mill Drive Loveland,OH 45140 Edwin Wertz, Jr. 621 Hollen Road Baltimore, MD 21212 Patrick Denny Wertz 320 E. Main Street Mechanicsburg, PA 17055 Carol Ann Temofonte 3921 Murry Hill Court Murrysville, PA 15668 Sister Mary Lucilla Wertz Saints Peter & Paul Convent 1947 East Adams Tucson, AZ 85719 Re: Estate of Mary F. Wertz, also known as Mary Fay Wertz Dear Heir: Enclosed herewith please find copies of both of the following relative to the above-referenced Estate: 1. A market research opinion prepared by Cal Williams of Straub & Associates Real Estate Group Inc., dated June 19, 2007, and 2. A Uniform Residential Appraisal Report prepared by Chris H. Davis, Certified Residential Appraiser, of Fairway Appraisals, dated July 29, 2007. Exhibit A August29,2007 Page 2 The first document values the Estate real estate at $150,000.00 - $154,000.00 presumably as of June 19, 2007 and the second document values the Estate real estate at $176,000.00 as of July 24,2007. The latter was obtained because of limitations stated in the former. Additionally, please be advised that your brother, Joe, one of the Co- Executors of your mother's Estate, has offered to purchase the Estate real estate for a net consideration of $145,500.00, this being a gross consideration of $155,000.00 less $1,000.00 for painting, less $1,000.00 to replace the wooden windows and less a $7,500.00 savings of a real estate agent's commission. He would be a true purchaser and his share of the Estate would not otherwise be affected. Your brother and other Co-Executor, Tom, has no recommendation as to the acceptability, or otherwise, of this offer. Rather, the three of us have decided to request the input of each of the heirs of the Estate - hence the purpose of this letter. Accordingly, please accept this letter as my request, on behalf of the Estate of Mary F. Wertz, also known as Mary Fay Wertz, that you consider Joe's offer and thereafter complete the bottom portion of one copy of this letter, where indicated, and return it to me in the envelope I have provided, all at your earliest convenience, but, if you will, by not later than September 15, 2007. The other copy of this letter is for your files. After I have received all responses, I will collaborate with both Joe and Tom and, hopefully, a decision can be made as to the acceptability or unacceptability of Joe's offer. I will, of course, let you know the results or perhaps ask for further input. I trust that you feel this is the most fair method of handling the disposition of the Estate real Estate. Thank you for your time and consideration. Very truly yours, Gerald P. Neugebauer, Jr., Esquire GPNjr: biz Enclosures cc: Thomas F. Wertz, Co-Executor Joseph V. Wertz, Co-Executor Exhibit A August 29, 2007 Page 3 ~. I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. ~141 Da e ' I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: ~~J~~~ 51 ature Exhibit A . August 29, 2007 Page 3 / I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: 9 - ~- 07 Date iL--<)~d!~ Signature Exhibit B August 29, 2007 Page 3 v I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: '!J () l.{ / OJ Dat l #~~. Exhibit C #- t c2tJtf 1 ii" 111&: 1) t.c ...f)_y i,"\,.: .... 't-?( :" '" ;w\., ~ ''i:l ;w1>" ~ '" " _ t'" t\~~ ,~; "~, 'f.":~~t>-"~ '. ">;~ . ~'. ,l).... 't->( i"".' 1).... 't->( i"".' 1) ~ ,,'i} - ''i:l;w~, - ''i:l;W'''' ".-"':"". ~ ",,\._,j, ,~' f:', ", ~ }, \T't"J.. l ~ 'j. ~~, ~ ~ .. ,,#, "~'?C.,, ~, ..~.., . .j.":fJ~ ' f'-'H'\i .. ,-~. , . ~ . ) ~~~~ . , " J ~~'., '. ~,~~~ ~~.~- ~~~~ cC ~ r~~ .~ ~~~ -~ ~~P<-~ _~\d~! ~~~ ,. Exhibit D " . August 29,2007 Page 3 --t- I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. \Nertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: ~L \J illouj .f:J Exhibit E ~,-' .. August 29, 2007 Page 3 / I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: 1a:5 ~o 1 ate ~~ -igna-. ~ Exhibit F . August 29, 2007 Page 3 / I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: J. - J..-~ - 0 "l Date p~-,~ Signature Exhibit G I . .. j' ~ August 29,2007 Page 3 ~ I hereby consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00. I do not consent to the purchase of the Estate real estate from the Estate of Mary F. Wertz, also known as Mary Fay Wertz, by my brother, Joseph V. Wertz, for a net consideration of $145,500.00 for the following reason or reasons: tf"i i: fto7 Dat I Juh)J1)prk~d~~a14 Signature Exhibit H