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Home My WebLink About09-03-09 (2)IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH C. PUTT, An alleged incapacitated person :ORPHANS' COURT DIVISION N0.21-09-0209 ORDER OF COURT AND NOW, this day of September, 2009, upon review of the Petition to Sell Real Estate, it is Ordered and Decreed that the Petitioner, Keni E. Melphis, as Plenary Guardian of the Person and Estate of Ruth C. Putt, is herby authorized to sell the joint interest in real estate owned by Ruth C. Putt and her husband, Kenneth E. Putt, 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. BY THE COURT, r r7 F''- J ~ C Ca ~'' ~° -~ ~ v~ r~~~ ~ `? ;ter ~' : ~_ m ~ ~ - - ~ }< , - __, `..~ `}l ~. ~ ..a. ~ b -~ ~ -...1 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH C. PUTT, An alleged incapacitated person :ORPHANS' COURT DIVISION NO.21-09-0209 n~ ('~ r~ - - PETITION TO SELL REAL ESTATE `=!~ ~ ~ =- ~7 6"~` 1 _y' ~ ~ ; ; AND NOW COMES THE PETITIONER Keni E. Mel his b and throe" G_Jier ~~ , p Y ~ , ~_~-, ~- -, __ %~~ _.. attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: ~ _- =~ ,_,., -=; r-,. ~ 1. G' 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, _ ~~-"s°~ 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: ~ ` ~ ~~ ~ ~~~~~' l.. C Keni E. Melphis IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH C. PUTT, ORPHANS' COURT DIVISION An alleged incapacitated person NO. 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, 2009, 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 ~shich evidence was presented by the Petitioner i.n 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 ~>erson's daughter, who resides at 430 Diehl Road, ~7echanicsburg, Cumberland County, Pennsylvania, is appointed .>lenary guardian of her person and estate. No bond shall be required of the guardian. The guardian shall file in a timely basis ~~ith the Court all reports and accounts required by statute. EXHIBIT "A" Ruth C. Putt is hereby notified of her right t_ -: peal to the Pennsylvania Superior Court from the a" _'_cation of incapacity herein within 30 days of its e. ~~ and petition at any time for a modification or t= - ~ :._zation of the order. A~y,.~~ny L. DeLuca, Esquire rront Street ,/' F~ ' . Box 3 5 8 P:~:_ing Springs, PA 17007 __ Petitioners ~~ By the Court, ~, ~ ~ ~v~~ ~~, ~~ ~' , MADE PHE 31st ~y Q f ]:arch o~ our Lord one th~sand rrirae hundred and eighty-nine (19$9) . BETT~EEN MICI-IALL E. JDNES artd KATHY E. .,TONES, formerly KATHY E. ERFORD,'husband and-wife, in the year _ , . _... C'T ())1 ~; sr` -r~' `olr~ ` 1r i r / ~+ r _ CTJ iWiL~ .~ and KEl~ NTH E . PUTT artd RUTH C . PUTT, husband and wife, Grra~ctee s: Wl'~'NESSETH, that in eonside-mti~n of Fortg-two Thousand Five Hundred- - - - - - - - - - - - - - - - - - - - ($42,500.00). - - -- - - - - Dolkcr8, in hand laid, the receipt ~whereo~ is hereby acknowledged, the said grdnfor s do heseby grrc~w . a~xrl convey/ to the said grantee s> their heirs and assigns; _ ALL TEAT CERTAIN tract ox- parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, according to a survey and plot thereof made by John C. Brilhart, Registered Surveyor, dated March 29, 1974: - B~C:I2,i+i~IFC~ at a point. at. tie nc~rth~aest corner of ac>u-tt~ Chestnut Street-and East Locust Street,.: being.the.point of .intersection of the respective curb lines of said streets;-thence extending along . the northern curb line o.f 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 point; thence.extending along the line of property now or formerly. of H: B. Groff :aind Verna H. Groff, husband and wife, of which this is apart, ..passing. ahrciugh a frames garage building and beyond ~.nci through the :.center litre. cf t~~G partition wall of - a double _ frame dV~elli.hg hi~use niL~.~bered '~ ~~-cam South. Chestnut .Street;. and. beyond, North 6r degrees 5~ ~_;~~.:tes East, a distance of 158.58 feet to a point in the v;sste?-:-: c°.r~• ~; ne of South Chestnut Street aforesaid; thence extending a.y:~r-a ,western curb line of South chestnut Street, South <<^1 decrees 3~ minutes East,. 20.75 feet .to a poirzt at the -northwest ..corner o. South Chestnut Street and :East Locust Street as formed by the curb lines of said streets, the Place of HEG2~INING. HAQING TSSREaN ERLCTSD the southern one-half of a double two-story frame - rl;~elling known -and numberEii as 22 south eiYestnut~ street,- Niechanicsburg, Pennsylvania. BEING- the same premises which Eileen S. Way, formerly Eileen 5. Henninger, and Michael Lee Way, wife and husband, by the_r desw dated August 6, 1984 and recorded in E.'umberla_nu __ ___ _~ ~ee~ _ .. ~ }: EXHIBIT "B" 2:58p -' ; Y Taylor Eisenberger ALL THAT CBRTAI2+i tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, i.n the County of Cumberland and Commonwealkh of Pennsylvania, mox-e particularly described as follows, according to a survey and plot thereof made by-John C_ Brilhart, Registered Surveyor, dated March 29, 197: B~'~I3,~ HG at a point at 4ha ni~rtr~;~esi_ eorrier- of- South Chestnut Street and East Locust Street, being the point of intersection of the respective curb lines of.said streets; thence extending along 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 point; thence extending along the Line af.propertg..now or formerly of A. B. Groff-and Verna H. Groff, husband and wi:fe,.of which this is a part, passing through a frame .garage building. and beyond end .through the center 3.ine of the. partition csrall.of a double frame dwelling house numbered 20-22 South. Chestnut Street, and begond, North 67 degrees 55 minutes East, a distance of 158_58 feet to a point in the western curb line. of South Chestnut Street aforesaid; tlience extending along the trestern curb line of South Chestnut .Street, South 21 degrees 38 minutes East, 20.75 feet to a point at the northwest corner of South Chestnut Street and East Locust Street as formed by the curb lines of said streets, the Place of BTsGIN~1ING. RAPING THEREON ERECTED the southern one-half of .a double two-story. frarJe dwelling-- known-arid - nuatbereci- as 2Z Svu.ch C1iE~striut- '°Street; Mechanicsburg, Pennsylvania. BEING the same premises which Eileen 5_ Way, formerly Eileen S. Benninger, and Michael Lee Way,; wife and husband, by their deed dated August 6, 1984 and recorded in Cumberland County Deed Book "V", Volume 3p, Page 862, .granted and conveyed unto Michael E. Jones, single znan, and Kathy E. Erford, single raroman, 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. ~ou~(-~~,~ ~ac~ 2~6 °,Ar+d`the sa.Id 9rantv~" generalXy~ Y F~ ~~ ~ • zvurraact 11'le c ~ia~ ~~s~JI Borough 0~ Comb. Ca. ~' Ft,®~tu~t't~c x-96 R~ea1 ~ ~~ 3_ ~-~f ~ Da~ . 1 Cumb. Ca Dot. C+o-• ;[Ar WITNESS WHEREOF, said gmntoTS ~ve~-eacr~.to set School Disc. Cumb. Co., Pe. ~ Read Eatate T~sr~f~ 7latt • OBI Crrrrsb~ ~. Dist. CmL dbl. their hv.~d s a~uL sen,~s the da.~ a"zd yed~' first above w~'etten. ~~ _ . _.._ ~t~- ~tA~ ~ ~CTlbttt~ !Il 1~It ~rt 0~ State of Pennsylvat;ia C~~,y of ~berla3lst (?n this, the KATEIY E',~ ERFORD _,___ ~'---- -------------~--~-- ,~r.' . -~C'~; .tom-I~~~ "- "'JONES ~ ~------ ~,-- - `, THY F .; - 1~ - - ~~ s"v n ,,'.may 19 8~, for ~~ .i d~r,~ of March . gyred Michael E. Jones and Kathy E. J~nes, thE: undersi~nerL offer, ~ersorr~9! 6P'P -" E . Er f ord, husband. and wife, axe sa~bscribed to the f c; rm`'~ Y~ Y`~ h facto?! P~~1 ~0 be the 1~~on s whose nacrae s ~ +~ <-;,:ei r' executed same for .the grurpose ~. and aek~awled9ed th~st they , ,, tl7ttht'/t~ i~' q~C1.'C.L oGC~~. Cpq;tCLl~zt'd- ~• jy~e7ygLt0 3e+. 712• Cw4:~ u;Yct2. ~ ,r - . - f• '~: I N yyITNE55 WH~RE4 ~ I ~ ,--~`' -, .:_, ,~: ,_.,~y ~ s~a~ti ~,. :L ~ . 3. ^ W:r i ,.r- ~ &cscenshire. Platar~t Fuh:~ -`~' • pi ~ ~3~.~er. ..~ isch.~s~ti•*0 E:1s0.~~bes!w"~~=~' . ~.: .::.'. s •'.•y` t~RY Ccrn~ni$s~rrt~ ~r~s ++A~~ rt . ~ ~' S ` .. -• - (~.~~i the. u~'cdersi9ued o~aer, personably apP~red ~~scr~~~ ;.art ~,oyen) tv be the person whose Mme ,ose.~ s~~~~-~. or satisfactory executed same f~- the p~crp ]mum to me ( ar~cd owtedged float. v~%tiiiva instrumeact' o Seth. ca-ztained- esento set 'x'31 ~~~ a~ ffL~t _ ~• . IN WdZ'NE~SS WHER,LDF'. I her -----~----.~-------'- ~~' _..._....- Title of . ..a s ~ t ~ _ ~~. ,gyp-eCise r.~i~~~~"~ ~ ,,.` ~:~ ~_ '- - I dt! lcer eb7! ce1't4.f~ trot ~•~~,"eStg-t+t ~ •^.^ '~ _ - i. _ _ ,,,. 2 Sour ~+~~ .. ,~ ~. _ ~ ~ v m -_ G m i - ~ ~ ~ ~ k Cf] ~ Q3 U ~ ~ 'e-T A ti-i ~ E-+ w ~ 0 0 3 9a ~ 3 of W ~ ~ f W .. i~7 W ad aw ~ e v~ ~+ ~ as . w H ~ ~;; mo H~ U a ; ~ ~ ~ ~ x ~ i~ {~~y~ z ~` '~ COMMONWE~TH OF PENN/SYLVANIA Gouaatr~ o f ~~..~..%Yl~`-~~1t.ta=~d'~c~ ss. ~ -- • , .a... 5 ~~~~~~ RECORDED on tkis ~~ day o f -- ---- - -------- A. D_ 19_.._?_ ; iao the R.ecarder's of~yce of the said Gaunty, in Deed Book [~L~ ~ ,~ VoZ. - L-~ •~ ~ ,Page ~ ~ ~` Given uatder my ha~w~,~tthe seal o tliid•6~~~ edate~crbove urritten. -~---V---------------------------------------•--._._. Recorder. SEP-02-2009 12:20 From:LCS Ta:92583902 Paae:3~18 S, W. Garrett Real Estate 8 Appraisal Services SUMMARY REPdfil NO. APPRAISAL OF f I .. -- LOCATED AY. 22 S. ChQStnut Stroet Mechanicsburg, PA 17055 FOR: Ms. Kenl Melphls 430 DiehF Road Mechanicsburg, PA 1706b AS OF: December 75, 2008 BY: Cassandra J. Crockett Certified Residential Appraiser EXHIBIT "C" SEP-82-2009 12:21 From:LCB To:925839D2 Paee:4~18 S. W. Barrett Reai Estate~& Appraisal Services SUMMARY REPQRT rue rvo. 1 212 212 0 0 8 Ma- Keni Melphis a30 Diehl Road Mechanicsburg, PA 170SS File Number o8-0409 to accordance with your request, 1 have appraised the real property at: 22 S. Chestnut Stneet Mechanicsburg, 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. In my opinion, the defined value of the property as of December 15, 2008 is: $78,000 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 certificakions. Respoctfully submitted. ~` Cassandra J. Crockett Certified Residential Appraiser ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: RUTH C PUTT CUMBERLAND COUNTY PENNSYLVANIA NO, 21-09-0209 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 09-03-09 JUDGE'S INITIALS: TIME STAMP DATE: IN RE: ORDER OF COURT SERVICE TO: ANTHONY DELUCA ESO METHOD OF MAILING: ^ USPS ^ RRR ® HAND DELIVERED ® OTHER FAXED 09(03(09 MAILED: PICKED UP ON 09/04(09 ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT r i De Cler of Orphans' Caurt