Loading...
HomeMy WebLinkAbout07-15-09IN RE: ESTATE OF FLORENCE S. OBER, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00994 PETITION UNDER SECTION 3356 OF THE PROBATE ESTATES AND FIDUCIARIES c..... CODE i.p~+ '-~ TO APPROVE PURCHASE BY PERSONAL REPRESENTAT~' ~` ~ ,~~= -v ~~~ ~ TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~ ~ ~'' The Petition of Ernest D. Ober, by his attorneys, Skarlatos & Zonarich LLP, respectfully represents that: 1. Petitioner is the surviving spouse of Florence S. Ober (the "Decedent"), who died testate on September 19, 2008. 2. The Last Will and Testament of the Decedent, dated February 1, 2001, was duly admitted to probate on October 3, 2008, and Letters Testamentary were issued by the Register of Wills to Petitioner on that date. 3. At the time of her death, the Decedent was the owner of an undivided one-half interest, as tenant in common with Petitioner, of two tracts of land located in Silver Spring Township, Cumberland County, Pennsylvania, as more particularly described on the deeds dated April 10, 2001 and attached hereto as Exhibit A. 4. The tracts of land consist of a 13.16 acre tract with improvements including a dwelling house, barn and outbuildings, assessed at $210,830; and a 16.2 acre tract of unimproved land, assessed at $131,500. 5. The common level ratio adjustment for July 1, 2008 through June 30, 2009 for .=~ t ~~ f~ ~~~,~r x...3 .~, ,.:. `{~' --: ` `- r• ~' `~, Cumberland County is 1.26. Therefore, the assumed fair market value of both tracts combined, based on current tax assessment, would equal $431,335.80, and cone-half interest in the two tracts would be worth $215,667.90. 6. In determining the fair market value of an undivided partial interest in real estate, a discount of ten percent (10%) would be appropriate, to take into account the lack of marketability and costs of partition. 7. Petitioner desires to purchase the Estate's undivided one-half interest in the two tracts of land described above, at the price of $194,101, which represents one-half the value of the current tax assessment, adjusted by the common level ratio, and discounted by 10%. 8. In addition to the Petitioner, the only other interested parties are the children of the Decedent, all of whom are sui juris, and whose names and addresses are as follows: Randall Ober 114 Fox Hill Drive Wernersville, PA 19565 Susan Shirey 810 Garriston Road Lewisberry, PA 17339 Brian Ober 997 Hauck Road Mechanicsburg, PA 17055 9. The other interested parties have all filed a consent and joinder to this Petition, and have waived further notice and a hearing on the petition, as evidenced by their signed consents, joinders and waivers attached hereto as Exhibits B, C and D. 10. Pursuant to statute, namely 20 Pa.C.S. §3356, the purchase by a personal representative of real property belonging to an estate requires the approval of the Court: § 3356. Purchase by personal representative. In addition to any right conferred by a governing instrument, if any, the personal representative, in his individual capacity, may bid for, purchase, take a mortgage on, lease, or take by exchange, real or personal property belonging to the estate, subject, however, to the approval of the court, and under such terms and conditions and after such reasonable notice to parties in interest as it shall direct. The court may make an order directing a co-fiduciary, if any, or the court's clerk to execute a deed or other appropriate instrument to the purchasing personal representative. WHEREFORE, Petitioner requests that this Honorable Court enter an Order directing the Clerk of the Orphans' Court to execute a deed conveying the interest of the Estate of Florence S. Ober in the property described on the deeds attached to this Petition to Ernest D. Ober, for the stated consideration of $194,101. Respectfully submitted, Skarla,~ & Zonaric~ P By: Sup. Ct. # 784~~'-~ 17 S. 2°d St., 6th Floor Harrisburg, PA 17101 717-233-1000 Date: ~ d d ~j VERIFICATION The undersigned, Ernest D. Ober, hereby verifies and states that: 1. He, the Petitioner herein, is the duly appointed personal representative of the Estate of Florence S. Ober, deceased; 2. The facts set forth in the foregoing petition are true and correct, except as to those facts stated on information and belief, and as to those facts, he believes them to be true; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. v Ernest D. Ober Dated: ~ , 2009 CONSENT AND JOINDER TO PETITION FOR APPROVAL OF PURCHASE BY PERSONAL REPRESENTATIVE AND WAIVER OF HEARING AND NOTICE I, Randall Ober, hereby consent to, and join in, the Petition of Ernest D. Ober under Section 3356 of the Probate, Estates and Fiduciaries Code to Approve Purchase by Personal Representative. f fi~rti~er consent to the jurisdictiorr of the Court to enf~;r this Order, and waive further notice of the filing of the Petition or a hearing on the merits of the Petition. ,, ~ .., . Randall Ober Date: ~ ~ ~ CONSENT AND JOINDER TO PETITION FOR APPROVAL OF PURCHASE BY PERSONAL REPRESENTATIVE AND WAIVER OF HEARING AND NOTICE I, Brian Ober, hereby consent to, and join in, the Petition of Ernest D. Ober under Section 3356 of the Probate, Estates and Fiduciaries Code to Approve Purchase by Personal 1Zepresentative. I further consent to the jurisdiction of the Court to enter this Order, and waive further notice of the filing of the Petition or a hearing on the merits f the Petition. Brian Ober Date: ~J(f~ ~OD~) i CONSENT AND JOINDER TO PETITION FOR APPROVAL OF PURCHASE BY PERSONAL REPRESENTATIVE AND WAIVER OF HEARING AND NOTICE I, Susan Shirey, hereby consent to, and join in, the Petition of Ernest D. Ober under Section 3356 of the Probate, Estates and Fiduciaries Code to Approve Purchase by Personal Representative. I further consent to the jurisdiction of the Court to enter this Order, and waive further notice of the filing of the Petition or a hearing on the merits of the Petition. Date: ~ ~c ~ / .,,-~.. }Susan Shirey '