HomeMy WebLinkAbout01-13-12IN RE: IN THE COURT OF COMMON PLEAS OF
HELEN MELL CUMBERLAND COUNTY, PENNSYLVANIA _ _ -,-~
ORPHANS' COURT DIVISION ` :`? ~. ~ -'
- ;--~
NO. 21-11-1288 ` , ?
DECLARATORY JUDGMENT ACTION '`'
PETITION UNDER DECLARATORY
JUDGMENT ACT FOR ORDER PERMITTING
THE INSTALLMENT SALE OF REAL ESTATE BY PRINCIPAL'S AGENT
AND NOW, comes Sheryl Mell, Agent for Helen Mell, by and through their
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The Honorable M.L. Ebert, Jr. has been assigned to this case.
2. All interested parties are in agreement with the relief requested herein.
3. On December 1, 2011, undersigned counsel filed a Petition in this matter
requesting that Sheryl Mell be permitted to sign an Installment Sales Contract to sell
real estate owned by Helen Mell situate at 399 Petersburg Road, Carlisle, Pennsylvania
to Ronald Mell, Jr. for the sum of $30,000.00. A copy of the Petition is attached as
"Exhibit A."
4. This Honorable Court set a hearing in this matter for February 6, 2012 at
3:00 p.m. in Courtroom Number 2 of the Cumberland County Courthouse.
5. All of the heirs of Helen Mell were notified of the hearing.
6. At this time, all interested parties in the transaction, who are the heirs of
Helen Mell and the Department of Public Welfare, have agreed to the transaction, as
evidenced by the attached Consent forms.
7. Undersigned counsel met with Helen Mell on October 18, 2011 at Forest
Park Nursing Home and despite her advanced age, undersigned counsel believes
Helen Mell understands the proposed transaction and consents to the proposed
transaction, because:
A) Helen Mell does not believe she will return to her home at
399 Petersburg Road, Carlisle, Pennsylvania; and,
B) Helen Mell believes that the Department of Public Welfare
lien for medical assistance which pays for her stay at Forest Park will consume any
funds in her estate generated by the sale of her only asset- namely the home at 399
Petersburg Road, Carlisle, Pennsylvania; and,
C) Helen Mell prefers that her real estate be in the ultimate
control of her grandson, Ronald Mell, Jr., since he owns adjacent real estate.
WHEREFORE, Sheryl Mell requests that this Honorable Court issue an Order
permitting her to execute an Installment Sales Contract to sell 399 Petersburg Road,
Carlisle, Pennsylvania to Ronald Mell, Jr. for $30,000.00.
Respectfully submitted,
BARK SCHERER LLC
Mi ae cherer, Esquire
I . D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
IN RE: IN THE COURT OF COMMON PLEAS OF
HELEN NiELL CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ~~ i ~" I I ~-- ~,~~S~S
DECLARATORY JUDGMENT ACTION
CITATION
AND NOW, this ~ day of -~~0~!h~~/, 2011, upon consideration of the
within Petition For Declaratory Judgment Pursuant To 42 Pa.C.S.a. SS 7535, it is
hereby ordered and decreed that a citation is awarded, directed to:
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
-_
Russ Mell ~ _~; _ -;~;
~=-
~~~-.~ r
328 West Old York Road r ~ _ ~ ~ -
Carlisle, Pennsylvania 17~1:.~ ~ ~~ -_^
.
~~ 'r'i
' ~ T
,,~
_
.
Sheri Mell-Motter ~ ~ _.. -
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e'er; ~' ~ trj
251 Clay Road c' ~'
Carlisle, Pennsylvania 17015
to appear and show cause, if any there be, why the Court should not authorize Sheryl
Mell to enter into an installment sales contract to sell 399 Petersburg Road, Carlisle,
Pennsylvania to Ronald Mell, Jr. for the sum of $30,000.00.
CITATION returnable the ~o~`day of ~-~=~ , 2012, at 3.~a
/p.m. prevailing time in the Orphans' Court Division, Court Room o2_, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
~~ ~
~,~~~du.~- J.
"EXHIBIT A"
IN RE:
HELEN MELL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
~~
DECLARATORY JUDGMENT AC~J
-'
:. ~---
-_ ~-,
PETITION FOR DECLARATORY JUDGMENT =~,;`~-'
PURSUANT TO 42 PA.C.S.A. 7535 ` ;~'-}`'
~y
AND NOW, comes Sheryl Mell, Agent for Helen Mell, by and through their
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. No judge has been assigned to this case.
2. The Orphans Court has jurisdiction to hear this matter pursuant to 20
--~
l.~~J C....J
r _ .~.;
Pa.C.S.A. Section 711, which states that "the jurisdiction of the court of common pleas
over the following shall be exercised through its orphans' court division: "711(22)
Agents-All matters pertaining to the exercise of powers by agents acting under powers
of attorney as provided in Chapter 56 (relating to powers of attorney)."
3. Helen Mell was born October 14, 1912, and is 99 years old.
4. Helen Mell has been a resident of Forest Park Nursing Home. 700 Walnut
Bottom Road, Carlisle, Pennsylvania 17013 since October, 2010.
5. On March 7, 2003, Helen Mell signed a Power of Attorney naming Sheryl
Mell as her agent. A copy of the Power of Attorney is attached hereto as "Exhibit A."
6. Sheryl Mell is Helen Mell's granddaughter-in-law.
7. Sheryl Mell is married to Helen Mell's grandson, Ronald Mell, Jr.
8. The Power of Attorney mentioned above allows Sheryl Mell to engage in
real property transactions on behalf of Helen Mell.
9. Helen Mell owns real estate situate at 399 Petersburg Road, Carlisle,
Pennsylvania 17015.
10. Helen Mell previously resided at 399 Petersburg Road until approximately
November, 2010, when she became a resident of Forest Park.
11. Since Helen Mell became a resident of Forest Park, her home on
Petersburg Road has been vacant.
12. There is no mortgage on 399 Petersburg Road, however, taxes, insurance
and maintenance expenses continue to accrue on the property.
13. There is little chance Helen Mell will return to 399 Petersburg Road.
14. A recent market analysis of Helen's home indicated a suggested list price
of $52,900.00. The market analysis prepared by William Ohrum, of ReMAX.
Helen Mell's indicates that the home is small and antiquated. A copy of the market
Analysis is attached as "Exhibit B."
15. Due to its size, Helen Mell's home would be considered a starter home,
however many upgrades are needed to the property and it is very doubtful conventional
financing could be obtained for the property according to Sheri Mell-Motter, Helen's
granddaughter, who is a loan officer with Sovereign Bank in Carlisle.
16. Helen's home has two small bedrooms and is in need of structural repairs,
including electrical, plumbing and foundation work.
17. The cost to perform the structural repairs is approximately $25,000.00
according to the estimates from Armold and Son Excavation, P. Edward Mullin
Construction and Central Penn Waterproofing, which are attached as "Exhibit C."
18. Helen Mell had three children: Raymond Mell, Polly Thompson and
Ronald Mell, Sr. Raymond Mell and Polly Thompson are alive, and Ronald Mell, Sr. is
deceased.
19. Ronald Mell, Sr. had three children, Russ Mell, Sheri Mell-Motter and
Ronald Mell, Jr.
20. There are no other heirs of Helen Mell.
21. Ronald Mell, Jr. would like to purchase Helen Mell's house under an
installment sales contract, since Ronald Mell, Jr. lives directly behind Helen's house.
The sale price would be $30,000.00.
22. The only person who will not agree to the transaction is Ray Mell. A copy
of his letter of objection is attached hereto as "Exhibit D."
23. Undersigned counsel wrote to the heirs of Helen Mell in an effort to obtain
their consent to the transaction due to the inherent conflict of interest for Sheryl Mell to
authorize the transaction on behalf of Helen Mell. A copy of undersigned counsel's
letter to the heirs is attached as "Exhibit E."
24. Helen Mell's stay at Forest Park Nursing Home is funded primarily by the
Department of Public Welfare.
25. DPW has a lien against Helen's estate for monies advanced to Forest
Park for Helen Mell's stay.
26. DPW's lien was approximately $41,000.00 as of October 31, 2011, as set
forth in '`Exhibit F."
27. DPW would get the first $41,000 of Helen Mell's estate after
administrative expenses were paid if DPW would not provide further assistance to
Helen Mell hereafter.
28. Each month Helen Mell relies upon DPW assistance, the DPW lien grows
by approximately $5,000.00.
29. Even if Helen Mell's DPW lien stopped increasing, it is likely that Helen
Mell's heirs would not receive anything from Helen's estate.
30. Undersigned counsel wrote to DPW in order to get permission for the sale
of Helen's home to Ronald Mell, Jr. pursuant to the proposed Installment Sales
Contract. A copy of undersigned counsel's letter is attached as "Exhibit G."
31. DPW approved the transaction. DPW's approval letter is attached as
`Exhibit H."
32. Undersigned counsel met with Helen Mell at Forest Park on October 18,
2011 and Helen Mell seemed to undersigned the nature of the transaction, the growing
DPW lien and she consented to the transaction proposed herein.
33. The Declaratory Judgment Act, 42 Pa.C.S.A. Section 7531, provides that
persons interested, as through a fiduciary, may have a declaration of rights or legal
relations in respect thereto to direct fiduciaries to do or abstain from doing any
particular act in their fiduciary capacity. See 42 Pa.C.S.A. Section 7535.
WHEREFORE, Sheryl Mell requests that this Honorable Court issue a citation to
the following persons to show cause why Sheryl Mell should not be able to execute an
Installment Sales Contract to sell 399 Petersburg Road, Carlisle, Pennsylvania to
Ronald Mell, Jr. for $30,000.00.
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015
Respectfully submitted,
BARK SCHERER LLC
C~~,
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CURABLE GEIVER14L
POWER OF ATTORNEY
11iOT1CE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH
NIAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE Off' ANY REAL OR
PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS
POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR
LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY
IiMIT THE DURATION OF THIS POWERS OR YOU REVOKE THESE POWERS OR A
COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S
FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT tF IT FINDS YOUR
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE
EXPLAINED MORE FULLY IN 20 PA. C. S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND,
YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS
CONTENTS.
MARCH 7, 2003
HELEN R. MELL
"EXHIBIT A"
DURABLE ~7ENERAL
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that !, HELEN R. MELL, of 399 Petersburg
Road, Carlisle, Pennsylvania 17013, do by these presents make, constitute and appoint
SHERYL MELL (hereinafter referred to as "my agent"), my true and lawful agent under a
power of attorney, for me and in my name and on my behalf generally, to do and perform all
matters and things, including, without limiting the generality of the foregoing, to transact all
business, to make, execute, acknowledge, endorse and deliver all deeds of conveyance,
certificates of stock, bonds, car titles, releases of lien or satisfaction of bonds and mortgages,
contracts, orders, releases, checks, notes and endorsements, transfers and assignments of any
such contracts, specifically including but in no way limited to the execution in my name of
checks or orders of any nature for the withdrawal of funds standing to my credit in any type of
account in any bank, building and loan association or other financial institution, and also to
deposit in any accounts in my name in any such institutions any money, funds, checks or drafts,
payable or belonging tv me; to enter my safe deposit boxes in any and all banking institutions
and to establish new safe deposit boxes and to add to and to remove any of the contents
thereof; to borrow money and to mortgage, pledge or hypothecate any property, real or
personal, now or hereafter owned by me as security therefore; to buy, sell possess, insure,
manage, maintain, improve, lease, mortgage, pledge, encumber, convey and otherwise dispose
of, or take any other action with respect to, any property, real or personal, now or hereafter
owned by me, on such terms and conditions as my agent may consider appropriate, and in the
event of sale of any of my real estate, to execute the sales agreement and the deed in my
name and to make settlement and receive the proceeds; and to prepare, execute and file any
tax returns, governmental reports and other instruments of whatever kind, and likewise to
execute any and all writings, assurances, instruments or documents which may be requisite or
proper to effectuate any matter or thing appertaining or belonging to me.
I hereby authorize my agent to contract with and arrange for my entrance to any
hospital, nursing home, health center, convalescent home, residential care facility or similar
institution, io authorize medical, therapeutic and surgical proceduras for rre and to pay all bills
in connection therewith.
GIVING AND GRANTING unto my agent full authority and power to do and perform any
and all other acts necessary or incident to the performance and execution of the powers herein
expressly granted, with power to do and perform all acts authorized hereby as fully to all intents
and purposes and with the same validity as I might or could so if personally present, hereby
ratifying and confirming whatsoever ail that my agent shall lawfully do or cause to be done by
virtue hereof.
AND, i hereby declare that any act or thing lawfully done hereunder by my agent shall
be binding on myself and my heirs, legal and persona! representatives and assigns.
AND, if incapacity proceedings for my estate or person are hereafter commenced. I
hereby nominate my agent to be appointed the guardian of my estate or person by any court
having jurisdiction in accordance with the provisions of Section 5604 (c } (2} of the Probate,
Estates and Fiduciaries Code.
This Power of Attorney shad continue in force and may be accepted and relied upon by
anyone or any entity to whom it is presented despite my purported revocation of it or my death,
until actual written notice of any such event is received by such person or entity. {n the event of
my incapacity from whatever cause, this Power of Attorney shall not thereby be revoked but
shall thereupon become irrevocable and may be accepted and relied upon by anyone or any
entity to whom it is presented despite such incapacity, subject only to it becoming void and of
no further effect only upon receipt by such person or entity either of (1) written evidence of the
appointment of a guardian (or similar fiduciary) of my estate following adjudication of incapacity,
or (2) written notice of my death. This Power of Attorney steal! not be affected by my
subsequent disability or incapacity.
This power of attorney shat( rescind and revoke any other powers of attorney previously
made by me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7`h day of March,
2003.
WIN SED BY:
dSEAL}
HELEN R. MELL
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF CiJMBERLAND
Qn this, the 7T" day of March, 2003, before me, the undersigned officer, personally
appeared HELEN R. MELL, 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. yj
Notary Public
NOTAFYAL SEA1.
HARAlD S. IR11Y1lV, Hf, NOTAiiY 9~gUC
~AI&(8lE 80N0UG~, GOlJN1Y OF GWMB~ILANO
' MY C~M~AiE~50GTOBER71~ 2008
ACKNOWLEDGME1~iT ~Y ~GEIVT
I, SHERYL MELL, have read the attached Power of Attorney executed by HELEN R.
MELL and am the person identified as the Agent for the PRINCIPAL. !hereby acknowledge
that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 PA.
C. S. when I act as Agent:
shall exercise the powers for the benefit of the PRINCIPAL.
i shall keep the assets of the PRINCIPAL separate from my assets.
1 shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of ail actions, receipts and disbursements on
behalf of the PRINCIPAL.
March 7, 2003 ~ '
S ERYL L
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF Ct1MBERLAND
On this, the 7"' day of March, 2003, before me, the undersigned offcer, personally
appeared SHERYL MELL, known to me or satisfactorily proven to be the person whose name
is subscribed to the within acknowledgment and acknowledged that she executed same for the
purposes therein contained.
WITNESS my hand and seal the day
r aforesaid.
i~0?AAiAt~.
S. IRIAIIN. ~. NORARY Ptl~EiG
~ i;t1111.1511i` 901i~011GH. ~OIMir OF gg16fRUY~
iNYCI~lNMMSSIO~ID~O~1E18Bi2~2006
Seller's Estimated Proceeds
Williatn Ohrvm, CSP, CDPE,
Office: 717-432-1436
Office Fax.•717-432-8187
Direcc717-502-8929
CeUu/ar•717-571-9455
Emai/.• wohrum @remax.net
Each Otce Independently Owned and Operated.
R~iNAl~
"EXHIBIT B"
DISCLAIMER Items and amounts presented are estimates only.
Jul 20 ~ 1 05:550 ~lrmold & Son Excavation
Armold & Son Excavation,LLC
556 Roxbury Rd.
Newville. PA 17241
PA021789
Name ~ Address
Ronald ~1ell
P.o. #
Term s
Description
Backhoe Moving Fee
BaCkhoe Services
Precast Steps 'JVfth Be[co Doors & Installation
7177707749 0.2
Date 7/2012011
Estimate # 4$
Due Date 7/2012011
ether
Qty Rate Total
~ 100.00 100.00
2,5 85.00 212.50
1 2, 978.30 2, 978.30
Subtotal $3,290.80
Sales Tax (O.Q%) 50.00
Total $3,290.SD
~tfrafd & Son Excavation,L~C
717-776-5322
717-776-7749
"EXHIBIT C"
Jul 20 " 1 05:55p l~rmoid 8~ Son Excavation
,~rmold & Son Excavatlon,LLC
556 Roxbury Rd.
Newvilie, PA 17241
RA021789
747'f6/l4~ P• t
Date 7120/2011
Estimate # 49
Name ~` Address
Ronald tell
P.O.
Terms
Due Date
Other
zrza2al ~
Desviptior+ Qty Rate Total
1 5a.o0 50.00
Service Calf 1 50.00 50.00
Excavation Labor 1 294.58 294.59
V 1a0 Tank 1 g,g4 6.94
112" Broiler Drain ~ 45.50 45.50
Tank Tee 1 30.32 30.32
1" Cheek Valve 1 3.26 326
114"X4" Brass Nipple 1 8.23 6.23
Pressure Relief Valve 1 1g.g4 18.84
Pressure Sxitoh 1 4.67 4.67
Pressure Gauge
Subtotal $512.35
Sales Tax (O.d96? $0.00
Total $512.35
,4rrrtofd 8F Son Excavation~tLC 7i7-776-5322
717-776-7749
r_ ~
~ ~, , ., ~
Name
Address.
P. Edward Mullin
Construction & Maintenance
-~
i
128 Woods Road
Newville, PA 17241
(717) 776-4085
(717) 713-4048 cell
PA07~ 136
Date ~~~~~~ I/
Phone
Quanti
Descri tion Unit
Price
Amount
a ,r
-.
,~
A '}
R~
~~
/
/( { ~
r / n R
j', 1
i„/
Sub Total
Tax
i-i/2°6 Per A/onth Added A/ter 30 Days Total
f ,~ ~ ; / ~,~~ ~ .1
Harrisburg 728-9550
York 843-5396
Lancaster 399-0050
Carlisle 243-7195
Chambersburg 264-2742
Scranton 570-341-7000
Allentown 610-435-4420
Propl~,psal Submitted To
~ ~.~ ~
~, , . , i/ ~~ ~~~ ~~ ~.., f~~-tip ,
~~~:~y: C. ~ ~ ~
~rapasrxl
Central Penn
Waterproofing
800-531-6793
Phone (HOME) ' "'r '~ r 7'
r ~ ? rF ,Ja. ~f -
Phone (WORA)
Street _ _ ,e ~~
~;~r.( ;~v ,~ i
I F~', !
City, :State and Zip,de
~... ~,, i ~, ~ ~ ~, ~,
Reading 372-9001
Lebanon 272-5446
Williamsport 327-1994
Sunbury 286-2878
State College 814-237-1797
West Chester 61029-9924
le 8!d
~_',,_~'
Job Name
r~:~ ~
~~ ,'
Job Locy tion
i... ~..- r i , ~ ~
pe ar wau
Block
O Pour Concrete
^ Brick
~ Other
System to Dratn into
Surnp Pump
d "door Drain
D Sump Pump
(to be installed
by owner)
O Other
T pe of Floor Ftnish
Concrete
O Tile
Carpeting
~ Other
Obstacles to go around
7 Soil Pipe
J1 Plaster
C1 Hot Water Heater
OiI Tank D Behind
Other
Other
The tbrttractar's representative has fully explained the merits d the Pressure Relief systern.~n~t ~thP rystle~~ is~Uan~ferrable to it~ hens oumtxs for the dura~aof the wargranotynlThere
helgw Moor slab. t fully understand the warranty vdridt is isaued open compleUOn d every 1~ service pYS which are not leaks in drs system a leeks hen damage a abuse will be charged
be no charge for Service ells whidt are teaks in the Pressure Relief system covered under the watranfK ~' are ~~ under manulaeuuer's warranty. Instaltehan d the Pressure Relief alone will not
550 minimum aM f25 per man hau a am/ senrioa ~itri does not rtdude labor for pumpum ~ Apph~vig interior wall sealers alone will nd resolve water seepage due to high wafer table.
eliminate m015ture Dosed by CJ3rWeh5ati0rt. 1AFarranty t10BS nd oDVer natwal disasters. elgchic hgdt~p. a reptatement d floe lib or carpeting unless speafied. Payment to
hydrosdaliG presstre, a oaWeTSalion problems. Installation d the system does not indtrde painting. finished arpentry.
be made upon comDlaUOR
m of-
~e ~rapas~~ereby to f rnjsh mat nal and labor - cotnplete in accta~dance with above specificatiorf~f~`~~
r~~•~F~C~i: ~~~Sr.. ~~<.-;;~~~rr~/C~~~l~~~c ~~~ 1~~-`r' dollars ($ 't )I
~I'
All material is guaranteed to be as specified. All work to be completed m
a workmanlike manner according to the standard practices. Any alterations
or deviations from above specifications involving extra costs will be
executed only upon strikes, accidents or delays beyond our control.
Authorized
Signature
We hereby submit specifications and estimates
~II Opening to Cut ~pa of Well Finish
Block Wall Plain
O Wood Wali 7 Paneling
^ Other ~ Plaster Board
Other ,_
NOte: This proposal may be withdrawn by us if not accepted
within _ days.
~cl:eptuztce of ~t-apaSttl -The above prices, specifications and conditions Signature
are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Signature
Date of Acceptance:
Observations regarding Ron Mell's proposal to purchase Helen Mell's real estate:
DPW's approval of the proposal should be discussed in light of the fact that DPW stands
to collect all monies due for Helen Mell's care through this agreement in light of Ron
Ivleli's agreement to °obtain a loan to pay all monies °due DPW upon Helen Mell's death.
If the real estate were to be sold on the open market DPW would have to settle for the
revenue from that sale, regardless of the amount due for care at the time of Helen Mell's
death.
_A-n extreme eon~fl=ict of interest exists ~egardir-ig-Rare -Men's proposal a~ael. She~-ya Me1.1's
current role in making financial and health decisions for Helen McII. If the proposal were
approved, the longer Helen Mell lives the more Ron Mell will owe DPW. The conflict of
interest exists in that Sheryl Mell would be making all health care decisions leading up to
Helen Mell's death.
3. l~towhgre in the proposal is there any commitment on Ron Mell's part to effgat the
improvements on Helen Mell's house. He could, in fact, purchase the home and rent or
sell it as is.
4. Why is there only one set of estimates regarding real estate value?
5. Why is there only one set of estimates regarding home improvements?
6. Why should Ron Mell not be expected to pay fair market value on the home?
It is understood that heirs have no reasonable expectation to inherit from Helen Mell's estate
upon her death. At this time, the suggested value of the home is less than the amount owed to
DPW, with no expectation that the situation will change in the near future.
Is at a xea,listie expectation that-Ron.-Mel•1 Eoua_el., over tune, profit by pu-rcha-sing the home at
below market value, even after paying off DPW? If so, neither DPW or the heirs would receive
any of the profit.
Recognition of Ron and Sheryl Mell's ongoing and considerable role in the care given to Helen
Mell for many .years needs to be made clear. These observations are not meant to discredit their
critical role. To prevent any suggestion of a conflict of interest the following suggestions are
made:
Suggestions: 1) It should be legally ascertained as to whether or not the home is or is not
sellable, as is; 2) A minimum of three estimates should be obtained for current market value of
the home; 3) A minimum of three estimates shQUld be obtained for critical hame improvements;
4) Assuming the real estate can be sold as is, bids should be accepted from the heirs to purchase
the home based on a minimum appraised value; 5) If heirs are not interested, or bid(s) do not
cover minimum appraisal value, the real estate should be placed on the open market at the
current maximum appraised value.
__ ~ _ _ --
"EXHIBIT D"
B ARIC
Attorneys at Law
SC'I-~E1ZE12
~:LC
David ~. Baric
Michael .~. Scherer
Tricia D Naylor
Bret P. chaffer
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
19 tiVest South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
(717) 2~9-575 -Fax
mscherer~~baricscherer.com
August 31, 2011
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015
RE: Helen Mell
Real Estate
399 Petersburg Road, Carlisle
Dear Folks:
Several years ago I prepared a Will for Helen wherein she divided her estate into
three equal shares, one each to her son, daughter and children of her deceased child.
As many of you know, Sheryl has been acting as Helen's Power of Attorney for
many years.
Recently Ron Mell approached me about the status of Helen's house located at 399
Petersburg Road, Carlisle, PA. Ron indicated that the house is vacant, and is concerned
that it continues to accrue tax bills, upkeep and maintenance. The obvious consideration is
to sell the home. Given the fact that Ron lives on a contiguous lot, Ron would be
concerned about who the new owner would be. As such, Ron is interested in purchasing
the home.
If Ron were to purchase the home, it would be done with Sheryl executing the
documents on behalf of Helen. This creates a potential conflict of interest, in that Sheryl
(and Ron) could potentially benefit from the sale of the house to the detriment of the heirs
listed in Helen's Will (you folks).
"EXHIBIT E"
Polly Thompson
Ray Mell
Russ Mell
Sheri Mell-Motter
08/31 /11 letter
page 2
In fact, 1 do not believe that Helen's heirs will be negatively affected by a sale of the
real estate to Ron. Helen's assets at this time are a very modest bank account, and the
real estate. Helen is currently in Forrest Park Nursing Home and her bill is paid in part by
medical assistance. She is required to spend her funds down to a minimal level to qualify
for medical assistance, which she has been on since she entered the nursing home last
Fall. The monies paid by medical assistance for Helen's care are required to be
reimbursed from Helen's estate prior to Helen's heirs receiving any money from her estate.
A sale of Helen's property would have to be approved by the Department of Public
Welfare. I have obtained their approval to sell the property to Ron and I provided them the
following documents in support thereof:
1. May 31, 2011 letter to Max Byers, Department of Public Welfare;
2. ReMax Real Estate Services Proposal dated March 16, 2011;
3. Estimates of repair from Arnold & Son Excavating, LLC and P. Edward Mullin
Construction & Maintenance and Central Penn Waterproofing;
4. Installment Sales Contract between Helen and Ron.
Helen's home is aged and in need of structural repairs, as detailed by item 3. above.
Specifically, the foundation, crawl space, plumbing and electric are in need up
upgrades/repairs. This home is small and only has two bedrooms and would be
considered a starter home. Typically it would be the type of home a young couple might
want. Ron has been told that it would be very difficult for someone to obtain a loan for the
home in its present condition because its condition does not meet lender requirements.
This would severely limit the potential buyers of this home to persons with cash. Anyone
who buys the property as a '`fixer-upper" would deduct from the sale price the cost to repair
the property.
The ReMax proposal suggests that comparable properties have sold in a range from
$42,000.00 to $64,000.00. With a proposed sale price of about $52,000.00 and deducting
the cost of the repairs the sale price would be about $30,000.00, which Ron is proposing to
pay.
I have supplied items 1. - 4. above to the Department of Public Welfare and they
have approved the installment sale to Ron at $30,000.00. I enclose the August 24, 2011
DPV`! fax from Max Byers to me herewith.
Polly Thompson
Ray Mell
Russ Mell
Sheri Mell-Motter
08/31 /11 letter
page 3
My office contacted the Department of Public Welfare to get a total for the amount
of money Helen owes DPW for her care. The worker indicated that a formal statement of
claim must be made to obtain that figure, and if a formal inquiry is made, DPW will have to
open a file and that will result in an expectation from them for payment from Helen or her
estate. In the alternative to giving us the exact total, the worker told us that we can figure
the amount at $5,000.00 per month. Since we are nearing the one-year mark since Helen
entered Forrest Park Nursing Home, the total she would owe at the end September would
be about $60,000.00.
My purpose in writing to each of you is to disclose what is taking place regarding
Helen's financial situation and to apprise you of the proposed transaction between Ron and
Helen; and to give you an opportunity to consent or object to the transaction. I have
enclosed a form for you to sign indicating your approval or rejection of the transaction. If
all of you do not approve this transaction, I will suggest to Ron that we take the matter to
Court to get Court approval of the transaction so that Ron and Sheryl are protected.
The long and short of this is that it appears that Helen's real estate is considerably
less valuable than the amount of money it will take to repay the Department of Public
Welfare to reimburse them for her care. As such, it appears Helen's estate will be
insolvent, particularly if she remains in Forrest Park for any length of time.
If you agree to this transaction, please sign the Consent form I have included
herewith. If you object to the transaction, please call my office to notify me.
I would recommend you discuss this matter with your own attorney if you have
questions. I will however take your calls if you have questions. I would appreciate hearing
from you on or before September 16, 2011 so that this matter can either move forward with
your consent or so that we can file a Petition requesting a Court Order.
Thank you for your consideration.
Very truly yours,
BARK SCHERER LLC
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Michael A. Scherer
MAS/jl
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"EXHIBIT F"
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BARK
~ ttorneys-at-Law
SCHERER
David A. Baric
.Michael A. Scherer
Tricia D. Naylor
Bret P. Srca(fer
19 West South Street
Carlisle, Pennsyl~~ania 17013
(717) 2~9-6873
(717) 2~9-~7~~ -Fax
May 31, 2011
Max Byers
Department of Public Welfare
7591 Lake Raystown Shopping Center
Huntingdon, PA 16652
RE: Helen Mell
D.O.B.: October 14, 1912
Dear Mr. Byers:
I write relative to Helen Mell, who is presently in Forrest Park nursing home in
Carlisle, and is the recipient of medical assistance.
Helen owns real estate at 399 Petersburg Road, Carlisle, Pennsylvania 17015.
The real estate in question is improved with a single family dwelling that is very small
and rather old. Sheryl Mell is Helen's granddaugher-in-law and Agent under a Power of
Attorney.
Sheryl and her husband Ron Mell live on a contiguous tract of land known as 397
Petersburg Road, Carlisle, Pennsylvania, and they would like to purchase Helen's real
estate at 399 Petersburg Road under and Installment Sales Contract.
I am enclosing herewith the following documents which reflect the value of the
real estate in questions:
1. Real Estate Services Proposal from William Ohrum, Re-Max Broker, which
indicates comparable property values ranging from $42,900 to $45,500 and a proposed
selling price of $52,900 resulting in net proceeds of $48,527.00.
2. Two estimates from Armold & Son Excavating totaling $3,490.65 relative to
excavation under the house to allow for foundation work to occur to stabilize the home.
3. Estimate from P. Edward Mullin totaling $3,500.00 to upgrade the electric and
"EXHIBIT G"
plumbing in the basement.
4. Two estimates from Central Penn Waterproofing totaling $23,865.00 to
complete basement and foundation work.
Ron Mell is agreeable to offering $30,000.00 to purchase the home under an
Installment Sales Contract where he would pay Helen or the nursing home a monthly
fee including principal and interest. At He-en's death, he would secure financing within
six months of Helen's death to pay the Department of Public Welfare the then
outstanding balance of the loan.
The Cumberland County Tax assessment for Helen's property is $78,200.00.
When this tax assessment was received by Sheryl Mell, she believe it was high and no
effort was made to challenge the assessment given Helen's residence in a nursing
home. Nevertheless, Ron Mell feels that the assessment is inaccurate.
Please let me know if we have a basis to move forward on this transaction or if
you want more information on value of condition and necessary repairs to the property.
I would also like to know at this point what the total outstanding lien is against
Helen's estate for medical assistance provided to her since her admission into Forrest
Park Nursing Home. I would like to share this information with Helen's children when I
present this proposed transaction to them for their comments.
Very truly yours,
BARK SCHERER
Mic ael A. Scherer
MAS/jl
cc: Sheryl Mell
Ron Mell
File
mas.dirlestates/mellIron&sheryl.ltr
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"EXHIBIT H"
VERIFICATION
The statements in the foregoing Complaint For Declaratory Judgment Pursuant
To 42 Pa.C.S.A. SS 7535 are based upon information which has been assembled by
my attorney in this litigation. The language of the statements is not my own. I have
read the statements; and to the extent that they are based upon information which I
have given to my counsel, they 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 falsifications to authorities.
~ ~ ~
DATE: ~~~"~~`II
eryl Mell
CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2011, I, Jennifer S. Lindsay, secretary at
Baric Scherer LLC, did serve a copy of the Petition For Declaratory Judgment, by first
class U.S. mail, postage prepaid, to the parties listed below, as follows:
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015
~l~J~~"
J if r . L~ndsay~
CONSENT TO SALE OF REAL ESTATE
LOCATED AT 399 PETERSBURG ROAD, CARLISLE, PENNSYLVANIA
As an heir to Helen Mell, I hereby consent to the sale of 399 Petersburg Road to
Ron Mell by Sheryl Mell, Power of Attorney for Helen Mell under and Installment Sales
Contract for the sum of $30,000.00. I understand my right to seek legal counsel regarding
this decision.
WITNESS:
~~~~~
~~
,~~
"J~~
Date:
CONSENT TO SALE OF REAL ESTATE
LOCATED AT 399 PETERSBURG ROAD. CARLISLE, PENNSYLVANIA
As an heir to Helen Mell, I hereby consent to the sale of 399 Petersburg Road to
Ron Mell by Sheryl Mell, Power of Attorney for Helen Mell under and Installment Sales
Contract for the sum of $30,000.00. I understand my right to seek legal counsel regarding
this decision.
WITNESS:
~~ u~
P ly Thompson, Heir
Date: ~-Ys~c- • ~ p, X061
CONSENT TO SALE OF REAL ESTATE
LOCATED AT 399 PETERSBURG ROAD, CARLISLE PENNSYLVANIA
As an heir to Helen Mell, I hereby consent to the sale of 399 Petersburg Road to
Ron Mell by Sheryl Mell, Power of Attorney for Helen Mell under and Installment Sales
Contract for the sum of $30,000.00. I understand my right to seek legal counsel regarding
this decision.
V'~IiTIvESS:
~, ,
~-
~ ,., ~ j ~' Ray Me i, Heir
Date: / ~- _ ~ _ 1
CONSENT TO SALE OF REAL ESTATE
LOCATED AT 399 PETERSBURG ROAD CARLISLE PENNSYLVANIA
As an heir to Helen Mell, I hereby consent to the sale of 399 Petersburg Road to
Ron Mell by Sheryl Mell, Power of Attorney for Helen Mell under and Installment Sales
Contract for the sum of $30,000.00. I understand my right to seek legal counsel regarding
this decision.
WITNESS:
Date: f O` ~/ / ~~
CERTIFICATE OF SERVICE
I hereby certify that on January 12, 2012, I, Jennifer S. Lindsay, secretary at
Baric Scherer LLC, did serve a copy of the Petition Under Declaratory Judgment Act
For Order Permitting The Installment Sale Of Real Estate By Principal's Agent, by first
class U.S. mail, postage prepaid, to the parties listed below, as follows:
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015