HomeMy WebLinkAbout09-03-09IN ~~ IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
RUTH C. PUTT,
An alleged incapacitated person :ORPHANS' COURT DIVISION
N0.21-09-0209
PETITION TO SELL REAL ESTATE ~ r,~ ~ ~- ~ ;
~-=- ~ ~ r ~,i ,. -ti
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AND NOW COMES THE PETITIONER, Keni E. Melphis, by and thro. ~' ~- = -~,
attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: ~'~ ~' _~ ~ ~ ~ ~ -
_~:
. ~ ~' t>..1 ' ,
1. ~~
The Petitioner is Keni E. Melphis, an adult individual, who resides at 430 Diehl
Road, Mechanicsburg, Cumberland County, Pennsylvania.
2.
The incapacitated person is Ruth C. Putt, born on March 20, 1933, age 76 years,
who currently resides at Church of God Home, Carlisle, Cumberland County,
Pennsylvania since July 3, 2008.
3.
On March 4, 2009, Petitioner filed a Petition for the Appointment of a Permanent
Plenary Guardian of the Person and Estate of Ruth C. Putt pursuant to 20 P.S. § 5511.
4.
A Hearing on said Petition was held on Apri12, 2009 and, at it's conclusion, an
Order of Court was entered wherein Ruth C. Putt was found to be an incapacitated person
and the Petitioner, Keni E. Melphis, was appointed plenary guardian of her person and
estate. A copy of said Order of Court is attached hereto, marked as Exhibit "A", and
incorporated herein by reference.
5.
At the time said Petition was filed and continuing up to the present, Ruth C. Putt
was and is a joint owner with her husband, Kenneth E. Putt, of their marital residence
which is situated at 22 South Chestnut Street, Mechanicsburg, Cumberland County,
Pennsylvania and recorded in the Office of the Recorder of Deeds, in and for Cumberland
County, Pennsylvania in Deed Book "W", Volume 33, Page 236. A copy of said Deed is
attached hereto, marked as Exhibit "B", and incorporated herein by reference.
6.
Kenneth E. Putt has had serious health issues which prevents him from climbing
stairs and, as a result, he had to move out of the house over a year ago and into an
apartment.
7.
The marital residence has been vacant for approximately one (1) year.
8.
Petitioner avers that it has become necessary to sell the marital residence for the
following reasons:
A. Her father continues to pay taxes, utility bills and insurance plus maintenance
while he no longer lives there;
B. Her father needs money to help pay his other bills; and
C. Money is needed to pay the nursing home bills for Ruth C. Putt.
9.
An appraisal of said property was conducted on December 15, 2008 by S W
Barrett Real Estate Appraisal Services and it was appraised at $78,000.00. A copy of said
Appraisal is attached hereto, marked as Exhibit "C", and incorporated herein by
reference.
10.
The marital residence has been listed for sale and a buyer has offered to purchase
said real estate for the sum of $80,000.00 and desires settlement as soon as possible.
11.
Kenneth E. Putt, as a joint owner and Petitioner, as Plenary Guardian of the
Person and Estate of Ruth C. Putt, the other joint owner, both agree that the real estate
situated at 22 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania
should be sold and the sum of $80,000.00 represents fair market value for said property.
WHEREFORE, the Petitioner respectfully requests that this Honorable Court
authorize the Petitioner, Keni E. Melphis, as Plenary Guardian of the Person and Estate
of Ruth C. Putt, to sell the joint interest in real estate owned by Ruth C. Putt with her
husband which is situated at 22 South Chestnut Street, Mechanicsburg, Cumberland
County, Pennsylvania and to execute any and all documents necessary to complete the
sale of said real estate.
Respectfully submitted,
Anthony L. D uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
ID #18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition to
Sell Real Estate are true and correct to the best of my knowledge, information, and belief.
I understand that any false statements contained herein are subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
,~
Dated: '
Keni E. Melphis
l..1..
IN RE: IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
RUTH C. PUTT, ORPHANS' COURT DIVISION.
An alleged incapacitated
person N0. 21-09-0209
IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY
GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S.
Section 5511
Before OLER, J.
ORDER OF COURT
AND NOW, this 2nd day of April, 2.009, upon
consideration of the Petition for the Appointment of
Permanent Plenary Guardian of the Person and Estate Pursuant
To 20 P.S. Section 5511 with respect to Ruth C. Putt, an
allegedly-incapacitated person, and following a hearing, at
which the allegedly-incapacitated person was not present
(her presence having been excused by the Court), and at
which evidence was presented by the Petitioner in support of
the Petition, and based upon the foregoing Findings of Fact,
the Court finds that Ruth C. Putt is an incapacitated
person, she is consequently adjudicated as such, and
Petitioner, Keni E. Melphis, the allegedly-incapacitated
person's daughter, who resides at 430 Diehl Road,
Mechanicsburg, Cumberland County, Pennsylvania, is appointed
plenary guardian of her person and estate. No bond shall be
required of the guardian.
The guardian shall file in a timely basis
with the Court all reports and accounts required by statute.
EXHIBIT "A"
~~ ,~
Ruth C. Putt is hereby notified of her right
the Pennsylvania Superior Court from the
to appeal to
ad'udication of incapacity herein within 30 days of its
7
entry and petition at any time for a modification or
termination of the order.
An ny L. DeLuca, Esquire
3 Front Street
P.O. Box 358
Boiling Springs, PA 17007
For Petitioners
:mae
By the Court,
~~.
•~ ,e
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ry..: '
~;~~• ~- ~ 31st day of
ADE ~'HE {~ ine
p
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~ and ea. t n
o~ our Lard one thousand a hundred g Y-
y
March in the yertr
(1989).
EE~yPEE~T MICHAEL E . JOIE 5 and KAaHa d ~ w f eE S ,
KATHY E . ERFORD , .`~ husban .
~:: ?•Si•}.Si Li: i'7Ar .f 1 ~~~Y -~YV~r''.'%i y Gys f.., .. ~...~'. L i
~ ••J . \ 1 ~. .• /
KENNETH E . PUTT and RUTH C . PUTT ,
and
husband quad wife,
.f ormer3.y
~'~^Q•t'LtOT S
z, Grra~ctee s:
d Five Hundred- -- -
WIZ'NE~SET~.', that s~n conside~'dtian of Forty-moo Thousan _ _ r _. _ ., D~o~rB,
. _ _ ~ _ _ _ _ _ _ ($ 42 , 5 00.0 0) ~ - hereby grrc~cc~t ~ .
- a~ckno'lvted~-ed, the ,said grantor s do
in hand paid, the Teceipt zvh.ereo~ is hereby . .
~tiey ~ the said ~rrnntee s ~ their heirs and assigns ; .. .
and
remises, ~ situate, .
AIL THA'~ CEgT~ tract or parcel of land and P in the County of
'n .and .being in the Borough of Mechanicsbuarg more particularly
. lYi g
Cumberland and Commonwealth • n f tveansurveyland plot thereof made
described as.fol3ows, accords g dated March 29, 1974:
b~ John C. Brilhart, Registered Surveyor, _
. .. t..~ at. tY~e no~•th~aest. corner o~ •~outheet~.onnof
B~GIi y~t~ at a poi;t .the .point of .inters .
-- Street .and East ~ Locust Street,.. being .. along .
thence extending .
the respective . `curb lines ~ of sal Locu tf st=eet, ~ south 6? degrees ~•
the northern curb line of East. o.int in the eastern line of a
West, a . distance of 157 feet to a P . ~,~ eastern line of said
15 feet wide public alley; therice.~ along a
• e ublic alley, North 25~~degrees~32 minutes West,
15 feet w1d p along the lute
oint;~ thence .extendiing Groff, ~..
distance o f 2 3.3 0 feet to a P ~f H.: B . ~ Gro f f ~ .~ aitd. ~ •jTerna - ~i.. .
of property now ~ or f°rmerly. ate; .passi.ng..tlarough a frame
husband and wife, of Which this.is a g .
~' and beyond ' grid through the .:.center 1. i.r e . o~f ~- r, G .
garage building hawse nu~^.~be~^ e ~ ~; U -~ 2
artitiaii: wall , of ~ a ..double • fra~one dt~~ell~g _ ;~ : ~ t. ~. ,...
P ~ ~ and .....beyond, ~ fi~orth 67 degrees 5~ ~ _,. _s _ .~
Saut~i: Chestnut .Street, . pint in tri.e ;~~ster~• c::rt" `i~~e
~. East,. a~ distance of 158.58 .feet to a p thence extending a.l.~raa y e
~of South Chestnut Street ~ aforesaid; ?:c
' ~ ~ ~ of South~~. Chestnut Street, South ~ 1 degree=s
. western curb line , t ~. to : a po~.rit at the nortb,West ..corner. o
. ~ ~ ~ minutes East; ~. 2D.75 fee floe curb
ut Street and :East Locust Street as formed by
South Chestn the place of $gG~1ZWG
lines of said streets-
D the southern one--half of a doubl u~~stree~'
HAVINt3 TNSRECN ERE
. e - d-,~e~:l ing ~tnflw;z .and nwm.~ezeu as ' Z Z srau th C.iz.es~trt
from
Mechanicsburg, Pennsylvania.
f ornQerly Ei7~.~en S .
which Eileen S_ WaY• cESd
BEINt~- the same premises husband ~ by., t~ie''~ r ~ ,
and Michael Lee Way.., wife aCumdber~.a~.d ~~ ~.~ t~,. ~=e = ~ ~ ~ ~..
Henninger , 19 84 and recorded in • _ _~ _ _. . _ _ .. _ ~. w ~.L _ ._ ~ -
dated August F+, - - ~ .. .
EXHIBIT "B"
2:58p Taylor Eisenberger
ALL THAT CBRTAIi~i tract or parcel of Land and premises, situate,
3ying and being in the Borough of Mechanicsburg, in the County of
Cumberland and Commonwealth of Pennsylvania, more particularly
descxibed as foilaws, according to a survey and plot thereof made
by Jrtihn C. Brilhart, Registered Surveyor., dated March 29, X974:
~.BE~I3~~ r'~G at a point at tn~~ ~ nU~th~;,~es~_ ; eorner_~ of" 5o~t;ri~. C~iestnut~
Street and East Locsitst Street, being the point of intersection of
the respective curb li~t-es of .said streets; thence extending a~.ong
the northern curb line of East Locust Street, South 67 degrees
West, a distance of 157 feet~to a point in the eastern line of a
15 feet wide public, alley; thence along the eastern line of said
15 feet wide public alley, North 25 degrees 32 minutes West, a
distance of 23.30 feet to a pointy .thence extending along the .line
'of .. property ..now . ~or formerly of ii. B. Groff and Verna H. Groff,
husband and. wife, . of which this is ~a part, Massing through a frame
,:.~ .garage building . ~ and beyond.. end thrv~g~i . the ~. center line , of. the
partition wall. of ~ ..a double ~ frame dwelling . 2iause numbered. 20-22
So~.:-th ~ C~.estnut~ :Street, and beyond, North '67 ~ degrees 55 minutes
~.ast, a distance of~ 158 _58 feet to a point in the western curb Tine.
of South Chestnut Sheet aforesaid; thence extending along the
E•restern curb line of South Chestnut ~~.Street, South. 21. degrees 38
. minutes East, 20.75 feet to a paint~~:at the northwest corner of
South Chestnut Street and East Locust Street as formed by the curb
lines of said streets, the Place of BEGINNING.
SA17IA~G THEREON $RECT33D the . southern, one-ha3. f of .a .double two-story
~. fra~ae~ dwelling-- known-~znd~= rkuinberec~-..as~ ~ ~2Z ..S~u.~h ~ Cli~str~ut_:.'Stre~et;
Mechanicsburg, Pennsylvania,
BEING the same premises w]iich . Eileen S . Way, formerly Eileen S .
Henninger, and Michael Lee ~Way,.~ .wife and husband, by their.. deed
dated August 6, 1984 and recorded in Cumberland County Deed $ook
"V", Volume 30, Page 862, .granted and conveyed unto Michael E.
Jones, single xt~an, and Kathy 'E. ~ Erford, single woman, who have
since been married to each other and are now known as Michael E.
Jones and Rathy E. Jones, husband and wife, the grantors herein_
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Aa a a~ui Q~ntar s ~.er~ rierally' T
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Comb. ~* ~c Sthaoi Gist. Cumt}. ±Co., fie. ~ .
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~utab~ too- get. O~• Ctimb~ Ca. ~St. t7®L 6~.
set their h~ s acid seu,~s
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s~ ~~,tor
IN y_PITNESS WS ~R~tte~. .,;•-~ ~ .: _ . ~... _ ..._. .. . _..
ttte day. aand y~r fir8t ab _ „~.3 :!~' j; ~~ ~~,• ~ __------------- -----° ~ ; . - ~
#~eiib~r~ _ ~__:..'~,,.
., '+~'
i'V ~ ~ D:' y
_ a- M1l-~
State of pennsylvat~ia ss. ~ ~J r:a
y198~~b~ar a ;.
Coia~~ °~ . Oberland day o f March .:
31st d Kathy E - J ~nes ,
p~. this, the Jones axi
gersoru~~91 ~pecrred ~.chael ~ - ..e
tti~e Wined °~'~'' husba~.d and wif e ~ .
~.a.th E . Er f Qrd , whose ~~ s are szibsc~rib+ed ~ ~''e
~ Queerly Y s~1 ~ be the person s or the ~ g~u7'Pas~ ~ -;f ~ .> ;y~;i r ~ ~ .
one (o'r' satisf a~o'+''~?l P~ they executed some f .;, ,,.: ~: -.. -: ......
~~t/~ ~y~ • (`r~~/ fJ.N.7)1~r7. Y1adYlf~/M/ Y~~} n /~~ ~~f!~ -~~~ ~ . ~/ ~F I.~ y
~1~-~/~.`~" ~~ ~ .. ~ ~ ~ tij Lr.~Y V~•\.L~V ~T./~.L~b f~' .w ~• .• ~ y ~J SIB } f1
~o~tained- ~~Ot* I~. eu~.to sey .~~~ r~7 ~, ., -~~ j~ ~ .:'i ~ ~~
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o cer,~ ~v~~~~ a~Q°,rer~ - -
fhe. undeTS+~'~aed , ~ x~r .~~~
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amp ~~ ~ to be t3c8 Pe~°rn e~acecuted .
ICrw~wn ~ me (°~'' ~f ,~,~,o~nledged tlu~t ~ ~ sew
~,ostiu4'+ s~es~r+~ set my hand and °~,,ctcl ~, .
canfia~n~' S ~gE~OF, 11ie''"~nt° ------
IN y~r~rTE~ __.___._.~.~_.-----.._----
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COD~IKONtiPE~~`H OI' P~NNSyLYAr1IA . .
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c of ~-- . _ ~7L ..
REC~RD~D on this ~.:_.~ ddy of ----- ----- -- ----
.. th sdid Count in Deed Book ~s-~
A. D. 19 ~31, sue. the R.eco~rdeT's o~yce o~ a ~J,
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y'oZ. _... `--~, Page -
Given ua~der m~ h.a th seal o t zd a date above urritten.
Ca~~ ~ o
SEP-82-2009 12:20 From:LCB To:92583902 Pa9e:3~18
S. W. Barrett Real Estate 8 Appraisal Services
SUMMARY REPORY
Fue nio.
APPRAISAL OF
LOCATED AT:
22 S. Chvstrlut Stroet
Mechanicsburg, PA 17055
FOR:
Ms. Kenl Melphls
430 Dish! Road
Mechanicsburg, PA 17065
AS Off:
December 1 S, 2008
BY:
Cassandra J. Crockett
Certified Residential Appraiser
EXHIBIT "C"
SEP-0^'c-Z009 1Z: Z1
From:LCB
To:9z58390z
3. W. Barrett Real E:fate & Appraisal SsrviCes
Paee:4~18
SUMMARY REPORT
File No. OS-0409
12/22/2008
M8. Kartii Melphis
430 Dlehl Road
Mechanicsbur0, PA 1 FOSS
File Number' 08-0409
In accordance with your request, 1 have appraised the real property at:
22 S. Chestnut Street
Mochanicaburp, PA 17055
The purpose of this appraisal is to develop an opinion of the defined value of the subject property, as improved.
The property rights appraised are the fee simple interest in the site and improvements.
I n my opinion, the defined value of the property as of Decrmber 15, 2008 i s
578, 000
Seventy-Eight Thousand Dollars
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs, assignment conditions and appropriate certifications.
Respoctfully submitted,
~~
Cassandra J. Cirockstt
CartifQd RQSidential Appraiser