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Home My WebLink About08-04-08 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 dwd@jdsw.com IN THE MATTER OF: ELI PETROVICH Attorneys for Petitioner r~~ ~ ~ ~ ~.1 ~_ - _,-, ,.~ - j ,. c~~ IN THE COURT OF COMMON PLEAS OF "' CUMBERLAND COUNTY, PENNS`(LVANIA ORPHANS' COURT DIVISIC-N NO. 21-07-1027 PETITION TO APPROVE THE SALE OF REAL ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, Pennsylvania Guardianship Association, Inc. by and through its attorneys, Johnson, Duffie, Stewart & Weidner and petitions this Court and in support of this Petition avers as follows: 1. Petitioner, Pennsylvania Guardianship Association, Inc. located at P.O. Box 7295, Lancaster, Pennsylvania 17604 is the court appointed plenary guardian of the person and the estate of Eli Petrovich by Order of Court dated December 20, 2007. Attached hereto as Exhibit "A" is a true and correct copy of said Order. 2. Eli Petrovich is an incapacitated person who resides at Claremont Nursing & Rehab Center, 1000 Claremont Road, Carlisle, Cumberland County, Pennsylvania pursuant to the December 20, 2007 Order of this Court. 3. Eli Petrovich is an incapacitated person requiring 24-hour care in a secured environment. He is not able to live independently and cannot return to his home. His medical condition has not improved since he became incapacitated. 4. The incapacitated person and his wife, Edith S. Petrovich arE~ the title owners to real property located at 3101 North Third Street, Harrisburg, Dauphin County, Pennsylvania, having acquired the property by Deed dated November 27, 1978 and recorded on November 27, 1978 in the Office of the Recorder of Deeds o1~ Dauphin County, Pennsylvania in Deed Book K, Volume 65, Page 462. Attached hereto as Exhibit "B" is a true and correct copy of the Deed. Edith S. Petrovich died on August 7, 2007, thus vesting sole ownership of the aforesaid real property in the Warne of the incapacitated person. 5. The total value of the incapacitated person's assets held by your Petitioner, not including the real estate, is approximately $2,500.00. In addition, he has monthly income of $3,121.40. 6. The approximate monthly cost after his income is applied to be rriaintained in Claremont Nursing & Rehab Center is $3,000.00. 7. Your Petitioner is now aware of any Will executed by the incapacitated person. 8. Eli Petrovich has two children, Donna O'Brien and Linda Jovar~elly, who have been sent a copy of this Petition and proposed Order. 9. Since the incapacitated person will not be able to return to the rE~al estate to reside, no one else resides in the home, and the incapacitated person has mounting 2 care costs, your Petitioner authorized a public auction of the real estate which occurred on July 12, 2008. 10. The aforesaid real estate (Tax Parcel 14-190-1000) has a current assessed value of $73,900.00. 11. Your Petitioner had the property appraised by Pamela M. Reitenbach, a Pennsylvania certified general real estate appraiser (License Number GA-001804), on June 5, 2008, and the appraisal report indicated the fair market value was $410,000.00. Attached hereto as Exhibit "C" is a copy of the appraisal. 12. An auction was conducted by Auctioneer Cynthia Fenton on July 12, 2008 which generated a sale price of $40,000.00. 13. Subsequent to the public auction, and consistent with the conveyance at the auction, your Petitioner and the successful bidder, Jacob B. Bucher, Jr., entered into a written Agreement for Sale of Real Estate ("Agreement") in the amount of $40,000.00 with settlement to occur on or within forty-five (45) days of the date of the auction. Attached as Exhibit "D" is a true copy of said Agreement for Sale of Real EstatE~.. 14. Under the terms of the Agreement, the Buyer is paying all transfer taxes and the Auctioneer's commission is two (2%) percent. In the event this real property is listed with a real estate broker for sale, the minimum commission would likely be at least six (6%) percent and the Buyer and Seller would split the transfer tax. 15. With the current state of the real estate market and the carrying costs to maintain this real property until a subsequent sale and buyer is obtained, your IPetitioner believes it is in the best interest of the Estate of Eli Petrovich to sell said real property to this Buyer for $40,000.00. 3 16. Your Petitioner believes that a fair and equitable price of $40,000.00 has been obtained for the real estate and respectfully requests this Court to approve the sale. WHEREFORE, your Petitioner requests this Court to enter an Order authorizing the sale of the real estate at 3101 North Third Street, Harrisburg, Dauphin County, Pennsylvania to Jacob B. Bucher, Jr. for $40,000.00 pursuant to the tE:rms and conditions of the July 21, 2008 Agreement for Sale of Real Estate. Respectfully submitted, Date: ~ ?J ` ) :339335 JOH ON, DUFFIE TEW T & WEIDNER Y~ _ David . D uce 4 VERIFICATION I, Brian D. Brooks, President, Pennsylvania Guardianship Association, Inc., verify that the statements 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. §4904 relating to unsworn falsification to authorities. -''~ /J ,~/ Brian D. Brooks, President ~~ ~ Pennsylvania Guardianship Association, Inc. Dated: ~~l I ~ ~ / ~` CERTIFICATE OF SERVICE AND NOW, this ~~ day of July, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Donna O'Brien 1616 Williams Avenue Lehigh Acres, FL 33936 Linda Jovanelly 607 Lavina Drive Mechanicsburg, PA 17055 JOJ~'NSC~N, DUF~JE,(ST~WgRY~ WEIDNER E~~-IIBIT A .~ NOV 1 ~2007~t~/ IN TJiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE MATTER OF ORPFIANS' COURT DIVISION ELI PETROVICI-I, An Alleged Incapacitated Person No 7-/D~ ORDER AND NOW, this ~~ ~ day of ____, 2007, upon considezation of the foregoing Petition for Adjudication of Incapacity and A~Ppoultment of Guardian, it is Ordezed that The Pennsylvania Guardianship Association, lnc. is appointed to serve as plenary guardian of the person and estate of Eli Petrovich, x000 Claremont Road, Carlisle, Cumberland County, Pennsylvania. To the extent Eli Petrovich is eligible for and receives Medical Assistance benefits, The Pennsylvania Guardianship Association, Inc, shall be Entitled to receive a monthly fee of One Hundred Dollars ($100.00). ~, ?;J,_. i.;Ll'!' r r t~OM RECORD It7 7'estirnony wttsrof, i h®reunto set my hand and the seal of said Court Carlisle, Pl4 This~day of~ 0 ~.. ,u, ~~ Clerk he Orphans Court ,ur~~1-r~rfand County 117958 =~_~ :'.1J __ ,~ .;..~ ... 7 :..1 ~, ~~~ -.J -:-; ~~ ~.~ -~ W C!'1 N ;~ t;, ;.: - - _.., ~ -'. ~.. ] ,~ bZ ~~t1d OSSt! dIHSNdIQ~It1f1J tid 0b5966ZLTt 6~S:8Z 80aZ/6T/L~J EXHIBIT B