HomeMy WebLinkAbout12-23-08IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: Estate of Nancy C. Weigel :ORPHANS COURT DIVISION
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NO. 2008-01005 `~' `Y" -
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PETITION TO TRANSFER TITLE TO REAL PROPERTY' ~ `"'
FROM ESTATE TO EXECUTOR ~ ` ~.
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AND NOW, comes the Petitioner, Timothy G. Weigel, Executor, and file~~#his Petiti~can to '.
Transfer Title to Real Property from Estate to Executor, and in support thereof respectfully
represents:
1. On October 7, 2008, Petitioner was granted Letters Testamentary to act as the sole
Executor in the above-captioned estate which is indexed at number 2008-01005,
Estate of Nancy C. Weigel.
2. The Estate is the owner in fee simple of certain real property located at 1204
Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania, on which is
located a one story dwelling.
3. The real estate, including the dwelling, has an approximately fair market value of
One Hundred Eighty Thousand Dollars ($180,000.00).
4. The real property is the object of a reverse mortgage with an outstanding payoff in
the amount of Seventy-Seven Thousand Four Hundred Thirty-Eight Dollars and
Twenty-One Cents ($77,438.21) as of December 31, 2008.
5. Aside from a few personal items, the real estate is the sole asset of value in the
estate.
6. Pursuant to the terms of the Last Will and Testament of Nancy C. Weigel,
Timothy G. Weigel, Executor and Petitioner herein, was given the option to
purchase the real property located at 1204 Gross Drive, Mechanicsburg,
Pennsylvania, but had to exercise that option within One Hundred Twenty (120)
days of the date of death of Nancy C. Weigel.
7. Nancy C. Weigel passed away on September 26, 2008.
8. In order to purchase the property Petitioner will need to pay his sister, Sandra
Graybill, one third (1/3) of the fair market value of the property and pay off the
reverse mortgage in the amount of $77,438.21.
9. Petitioner has been approved for a home equity loan for an amount sufficient to
pay both the reverse mortgage payoff figure and his sister, Sandra Graybill, her
fair share of the value of the real estate; however, since the real estate is not titled
in Petitioner's name, Petitioner cannot acquire the funds borrowed until such time
as he has a deed to the property titled in his name.
10. The only other beneficiary, Sandra Graybill, the sister of Petitioner, concurs in the
granting of this Petition so that Petitioner can acquire the funds necessary to
purchase the property and make distribution to her pursuant to the terms of the
Last Wi11 and Testament of Nancy C. Weigel, deceased (a copy of that Will is
attached hereto as Exhibit "A and incorporated herein).
11. Under 20 Pa.C.S.A. § 3356, Petitioner is required to obtain Court approval to
have a deed executed which in effect would transfer title of real property from the
estate to the personal representative.
12. Attached hereto as Exhibit "B" is the deed which Petitioner seeks to have signed
by the Register of Wills pursuant to 20 Pa.C.S.A. § 3356.
13. Should the Court grant this Petition, Petitioner will be able to close on the home
equity loan within thirty (30) days of the date of the deed and will thereby have
sufficient funds in the estate with which to pay off the reverse mortgage, make
distribution to his sister pursuant to the terms of the Last Will and Testament, and
will have sufficient funds to pay any inheritance tax which will be due to the
Commonwealth of Pennsylvania.
WHEREFORE, Petitioner, Timothy G. Weigel, prays that this Honorable Court will
;grant this Petition and sign the attached Order authorizing the Register of Wills or her designee
~to execute the deed attached hereto as Exhibit "B".
Respectfully submitted,
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R. Mark Thomas
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
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LAST WILL AND TESTAMENT ~T
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BE TI' REMEMBERED THAT c~o° '9 `-~
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I, NANCY C. WEIGEL, a resident of Cumberland County, Pennsylvania, bang of sound ; ,; ~'`.~
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and disposing mind, memory and understanding do make, publish and declare this to be my LAST
WILL and TESTAMENT, hereby revoking any and all W lls and Codicils previously made by me.
I
I declare that I am not married, and that I have two (2) children, namely TIMOTHY G.
WEIGEL and SANDRA GRAYBII.L. References in this LAST WILL and TESTAMENT to
children include the two abovenamed children.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable a$er my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever nature
and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the
expense ofthe administration ofmy estate.
N
1 hereby make the following specific bequests:
A. To each ofmy children, I leave one of the pendant watches which belonged to my
mother.
B. I am in possession of five (5) Princess House plates. Each of my children is to
receive two (2) of these plates and together they can decide on what to do with the fifth Princess
House plate.
C. Each ofmy children shall have the opportunity to select any items of my personalty
that they may desire. My children are to alternate in their selections with the oldest child having
first opportunity to make a selection. Once my children have selected the items which they desire,
the remaining items shall be sold with the house..
D. I am the owner of certain real property located at 1204 Gross Drive, Mechanicsburg,
Cumberland County, Pennsylvania. It is my desire that the house be divided into three equal shares
with my son, TIMOTHY G. WEIGEL, receiving two (2) shares and my daughter, SANDRA
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GRAYBII,L, receiving the third share. My son, TIMOTHY G. WEIGEL, for a period of One
Hundred Twenty (120) days following the date of my death shall have the option to purchase the
real property at fair market value. I direct that my Executors have the house appraised by a
reputable real estate appraiser and if my son, TIMOTHY G. WEIGEL, exercises his option to
purchase the real property, he must notify my daughter, SANDRA GRAYBIL,L, within the One
Hundred Twenty (120) days immediately following my date of death and thereafter he can purchase
my daughter, SANDRA GRAYBII.L's, share.
V
All the rest, residue and remainder of my property, I leave to my children in equal shares provided
they survive me for a period of thirty (30) days.
VI
I nominate, constitute and appoint my son, TIMOTHY G. WEIGEL, as Executor of this
LAST WILL, to serve without bond. If my son, TIMOTHY G. WEIGEL, is unable or unwilling to
act in that capacity, then I nominate, constitute and appoint my daughter, SANDRA GRAYBILL,
as Executrix of this LAST WILL, to serve without bond.
IN WITNESS WHEREOF, I, NANCY C. WEIGEL, have set my hand to this LAST WILL
this 26a` day of June, 2007.
NANCY C. IGEL
Signed, sealed, published and declared by the above-named NANCY C. WEIGEL, as and
for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and
in the presence ofeach other, have hereunto subscribed our names as witnesses.
R. Mark Thomas ~" " ~g
Printed: ~ U
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Tax Parcel No. 19-23-0569-014
THIS DEED,
MADE THIS day of , in the year of our Lord two thousand
eight (2008).
BETWEEN GLENDA FARMER STRASBAUGH, Register of Wills and
Clerk of the Orphans' Court, by virtue of Order of Court
Dated December , 2008,
Grantor
and TIMOTHY G. WEIGEL, a single man,
Grantee:
WHEREAS, NANCY C. WEIGEL, died on September 26, 2008, seised of certain real
property hereinafter described; and
WHEREAS, the Court by Order dated December , 2008, authorized the transfer of
title of this real property from the Estate of Nancy C. Weigel to Timothy G. Weigel, the
personal representative of the Estate, by deed pursuant to 20 Pa.C.S.A. § 3356; and
WHEREAS, Timothy G. Weigel is the son of the decedent,
WITNESSETH, that in consideration of ONE DOLLAR ($1.00), in hand paid, the
receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey
to the said Grantee, his heirs or assigns,
ALL of the Estate's interest in that certain lot or piece of land situate in the Borough of
Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly
bounded and described as follows, to wit:
BEGINNING at a point on the Northern side of Gross Drive which point is at the
division lines of Lots #71 and #72 on the hereinafter mentioned plan of lots; thence South
82 degrees 46 minutes 30 seconds West along the Northern side of Gross Drive, a
distance of seventy (70) feet to a point at the division lines of Lots #70 and #71; thence
North 7 degrees 13 minutes 30 seconds West along said division line, a distance of one
hundred twenty-five (125) feet to a point at lands now or late of BWN, Inc.; thence North
82 degrees 46 minutes 30 seconds East along lands now or late of BWN, Inc., a distance
of seventy (70) feet to a point at the division lines of Lots #71 and #72 on said plan;
thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of
one hundred twenty-five (125) feet to a point the place of BEGINNING.
IT BEING Lot No. 71 on Sub-Division Plan of part of Section 1 and Sub-Division Plan
of Section 2 of the final plan of Valley Stream Estates which plan is recorded in and for
the County of Cumberland in Plan Book 16, Pages 66 and 67.
HAVING THEREON ERECTED a single family dwelling known and numbered as
1204 Gross Drive, Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements, restrictions
and rights-of--way of record.
BEING THE SAME PREMISES which Howard E. Weigel by his deed dated March 5,
1996, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 136, Page 792, granted and conveyed unto Nancy
C. Weigel, the Grantor herein.
TOGETHER with all buildings, improvements, woods, ways, rights, liberties,
privileges, hereditaments and appurtenances, to the same belonging, or in any way
appertaining, and any revisions, remainders, rents, issues and profits thereof, and of every
part and parcel thereof, including any interests specifically set forth herein, if any. And
also, all the estate, right, title, interest, property, possession, claim and demand
whatsoever, both in law and equity, of the grantor of, in and to the same.
TO HAVE AND TO HOLD the said premises, and the appurtenances, hereby granted to
Grantee and Grantee's heirs, successors and assigns, to and for the only proper use,
benefit and behoof of the same Grantee and Grantee's heirs, successors and assigns
forever, under and subject to the conditions set forth herein, if any.
THIS TRANSACTION IS WHOLLY EXEMPT FROM PENNSYLVANIA
REALTY TRANSFER TAX SINCE THIS IS A TRANSFER FROM AN ESTATE
TO THE SON OF THE DECEDENT.
AND the said Grantor hereby covenants and agrees that Grantor will specially warrant
the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day
and year first above written.
Signed, Sealed and Delivered )
in the presence of )
GLENDA FARMER STRASBAUGH,
Register of Wills in and for Cumberland
County, Pennsylvania
COMMONWEALTH OF PENNSYLVANIA )
)ss.
COUNTY OF CUMBERLAND )
On this, the day of , 2008, before me, the undersigned officer, personally
appeared Glenda Farner Strasbaugh known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that she executed same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
I do hereby certify that the precise residence and complete post office address of the
within named Grantee is 1204 Gross Drive, Mechanicsburg, Pennsylvania 17050.
2008
R. Mark Thomas, Esquire
Attorney for Grantee
AFFIDAVIT OF CONSENT
I, Sandra Graybill, the sister of Petitioner, Timothy G. Weigel, and the sole other
beneficiary under the Last Will and Testament of Nancy C. Weigel, deceased, hereby consent to
leave the Court sign an Order authorizing the Register of Wills in and for Cumberland County,
Pennsylvania, to execute a deed to transfer title to the real property located at 1204 Gross Drive,
Mechanicsburg, Pennsylvania, to my brother, Timothy G. Weigel.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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Sandra Graybill
ss.
On this, the -~~f~~day of Tic (~ , , 200 ~', before me, the undersigned officer, personally
appeared Sandra Graybill, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within document, and acknowledged that he executed same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAL
p1ANE M SMITH
Notary Pudic
MECHgNKSBURG BORO, CUMBERLAND CNTV
My Commission Expires Jun 22, 2012
VERIFICATION
I verify that the statements made in the foregoing document 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.
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imothy ergel