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Home My WebLink About04-10-79 " IN RE: PETITION OF MABEL A. WARD FOR PRIVATE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 365 ORPHANS', 1978 RULE AND NOW, to wit, this MJ'lI~C (t day of~, 1979, at m. upon consideration of the within PETITION, A RULE is hereby directed to Vance Leroy Kemberling to show cause why the net proceeds from private sale of real property should not be distributed to Petitioner, said Rule to be returnable within thirty (30) days after the last publication of notice, given in accordance with Rule 5l(C) of the Orphans' Court Division of the Court of Common Pleas of Cumberland County;that upon his failure to answer or otherwise plead to the Petition and Rule filed hereto, or to appear in Court, enter his appearance, either in person or by counsel, and request a hearing thereon within said thirty (30) days, he shall thereafter be forever barred from his right to, interest in, or receipt of the proceeds from his undivided one-third (1/3) interest in the net proceeds of the private sale held for him by the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumbe~land County as alleged in Paragraph 3 of this Petition. , /lJ-vJ-- J. Li3Ll~ 1Cfi 1;',;[ 542 IN RE: PETITION OF ~~BEL A. WARD FOR PRIVATE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 365 ORPHANS', 1978 PETITION FOR RULE TO SHOW CAUSE WHY PROCEEDS FROM PRIVATE SALE OF REAL PROPERTY SHOULD NOT BE DISTRI- BUTED TO CO-TENANT AND NOW, this ~O~ day of March, 1979, comes Petitioner, Mabel A. Ward, and petitions your Honorable Court to issue a Rule upon Vance Leroy Kemberling To Show Cause Why the one-third interest of Vance Leroy Kemberling in the net pro- ceeds from the private sale of 402 Chestnut Street, Borough of West Fairview, Cumber- land County, Pennsylvania should not be distributed to Petitioner as reimbursement for one-third of the necessary expenses incurred by Petitioner for maintenance of the aforesaid premises, and in support thereof makes the following averments: 1. She is the Petitioner in the above matter and is an adult individual residing at ISIS A Caracas Avenue, Hershey, Pennsylvania, Dauphin County. 2. She was the owner of an undivided two-thirds(2/3) interest in fee simple in the premises known as 402 Chestnut Street, Borough of West Fairview, Cumberland County, which premises were sold at private sale by Petitioner to Samuel J. Lockey, under Articles of Agreement, for the consideration of Ten Thousand ($10,000.00) Dollars pursuant to Order of Court of the Orphans' Court Division of the Court of Common Pleas of Cumberland County dated September 12, 1978 and recorded in the Orphans' Court Docket No. 105, page 429. 3. Petitioner's son. Vance Leroy Kemberling, was the owner of an undivided one-third (1/3) interest in the aforesaid premises for whom one-third (1/3) of the net proceeds of the private sale has been delivered to the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County to be held by him for said Vance Leroy Kemberling pursuant to Order of this Court. l ''-) 1f\f' ;~jLh "';'0 f j- It',;:" 537 4. Prior to the aforesaid sale, Petitioner and her son, Vance Leroy Kemberling owned the subject premises as tenants in common. 5. On or about August 8, 1957 Vance Leroy Kemberling left his residence at 320 Third Street. Borough of West Fairview, Cumberland County, and has been absent and unheard of by Petitioner since that date, notwithstanding numerous and extensive attempts by Petitioner to contact him through known relatives and through the U.S. Social Security Administration, and her investigation reveals that he is probably alive, but she cannot determine his whereabouts. 6. From August 6, 1957 until November 9, 1978, Petitioner incurred substantial expenses for necessary repairs to the subject premises and maintenance thereof essential to the preservation of the subject premises and improvements thereon, including the maintenance of policies of insurance providing coverage thereupon, and municipal, county and school district real estate taxes and assessments, including but not limited to the following: (a) fire insurance (1957 to 1978) TOTAL $1,344.00 $ 909.00 $ 197.00 $ 606.00 $ 750.00 $ 152.75 $1,522.72 $ 66.10 $ 973.00 $2,811.94 $9,322.51 (b) painting house, garage and fence (interior and exterior) (c) repairs to roof (d) repairs to sewer line (1966) (e) new furnace (1971) (f) new water heater (1978) (g) repair water line (1972, 1978) (h) lumber for fence (1975) (i) miscellaneous home repairs (1957 to 1978) (j) real estate taxes (1957 to 1978) l"",, 1 nf.... 'uL!\ _.,.~o I"u[ 538 8. Prior to August 8, 1957 Petitioner had loaned said Vance Leroy Kemberling the sum of $525.00, which sum was intended as a loan but has never been repaid to Petitioner. 9. As a result of the absence of said Vance Leroy Kemberling, Petitioner has been required to incur expenses for the cost of necessary repairs to and maintenance of the subject premises and payment of real estate taxes for said premises, in excess of $9,332.51; one-third of which sum, or $3,110.84, together with the outstanding indebtedness of Vance Leroy Kemberling to Petitioner, exceeds the one-third interest of Vance Leroy Kemberling in the net proceeds of the aforesaid private sale. 10. No part of the aforesaid expenses has ever been repaid to Petitioner by said Vance Leroy Kemberling, nor has he ever contributed to the expenses incident to the repair and maintenance of said premises. 11. As a result of the absence of said Vance Leroy Kemberling, and the continued concealment of his whereabouts, Petitioner has been unable to contact her son in order to request him to join Petitioner in ordering and making repairs rendered necessary to the premises and to pay one-third (1/3) of the expenses thereof. 12. Under the terms and conditions of the Articles of Agreement executed between Petitioner and the purchaser, Samuel J. Lockey, on November 9, 1978, and recorded on November 13. 1978 in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 220 at page 392, pursuant to the Order of this Court dated September 12, 1978, fee simple title to the subject premises will be conveyed to purchaser upon his payment of the balance of the purchase price on or before Novem- ber 9, 1980. The aforesaid Articles of Agreement recorded in Miscellaneous Book 239, page 392 are incorporated herein and made a part of this Petition by reference thereto. WHEREFORE, Petitioner, Mabel A. Ward, respectfully requests this Honorable Court to: LiCLR 10G -3- ,~ I- f '...,JL 539 A. Issue a Rule upon Vance Leroy Kemberling to Show Cause why those proceeds of the private sale authorized by this Court pursuant to Chapter 83 of the Probate Estate and Fiduciaries Code, Act of 1974, December 10, P.L. , No. 293, ;h7 et seq., 20 Pa. C.S.A. ~830l et seq., representing the one-third interest of the co-tenant in common, Vance Leroy Kemberling, should not be paid to Petitioner as contribution for one-third (1/3) of the expenses incurred by Petitioner since August 8, 1957 for necessary repairs to and mainten- ance of the subject premises and payment of real estate taxes thereon; B. Direct that notice of the within Petition and Rule be given to Vance Leroy Kemberling and all other interested parties by advertisement once a week for three (3) successive weeks in the Cumberland County Law Journal and the Evening Sentinel in accordance with Rule 5l(C) of the local rules of the Orphans' Court Division of the Court of Common Pleas of Cumberland County; that upon his failure to answer or otherwise plead to this Petition and Rule or to appear in Court, enter his appearance, in person or by counsel, and request a hearing hereon within thirty (30) days after the last publication of said notice, then he shall be forever barred from his right to interest in or receipt of the proceeds from his undivided one-third (1/3) interest in the net proceeds of the private sale held for him by the Clerk of the Orphans' Court Division as alleged in Paragraph 3 of this Petition. C. Any other relief as the Court shall deem appropriate. AND she will ever pray, , Yttc<Z-ff LZJ 0vvCr/1d Mabe A. Ward James R. Hurner, Esquire Farmers Trust Building One West High Street Carlisle, Pennsylvania 17013 DATED: f'}ytl/ult,!LO- 7' -4- J. Stephen Feinour, Esquire Nauman, Smith, Shissler and Hall P.O. Box 840 Six North Third Street Harrisburg, Pennsylvania 17108 L,~;Lr~ 106 ~ r I j....;)~ 540 JSF:dnz 3/39/79 . . " COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Personally appeared before me, the undersigned officer, MABEL A. WARD, also known as MABEL K. WARD, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Rule to Show Cause Why Proceeds from Private Sale of Real Property Should not be Distributed to Co-Tenant are true and correct to the best of her knowledge, or information and belief. ':YY)o~,:~ a- \;j(7)/)/d ( Mabel A. Ward SWORN and SUBSCRIBED Ch.. BEFORE me this &:> .-- \"","jj'~~.~~I#,~!, of Lf/~ , 1979. 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