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HomeMy WebLinkAbout03-05-12IN RE: MARY A. BARZDA : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incapacitated Person :ORPHANS' COURT DIVISION N0.21-10-0875 ORPHANS 2010 PETITION FOR COURT APPROVAL OF SALE OF REAL ESTATE OF AN INCAPACITATED PERSON TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Ann P. Barzda, by her attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. Petitioner Ann P. Barzda, who resides at 103 Broad Street, Mount Holly, New Jersey 08060, is a daughter and the plenary guardian of the person and estate of Mary A. Barzda, the incapacitated person herein. 2. Mary A. Barzda, the incapacitated person herein, is a widow, was born on January 3, 1928, and is a domiciliary of the Church of God Home, 801 North Hanover Street, Carlisle, Pennsylvania 17013. 3. Petitioner, her sister Susan A. Barzda, and their mother, Mary A. Barzda, are the equal one-third owners of the premises known and numbered as 429 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania 17007, and more particularly bounded and described in Cumberland County Deed Book "U", Volume 34, Page 986. 4. Mary A. Barzda resided alone in the subject premises until July of 2010 when she became a resident of the Church of God Home, 801 North Hanover Street, Carlisle, ~ Pennsylvania 17013, because she could no longer live alone as a result of s r~~ ~~ ^~ ~, ~'L7 A ~-,-, c ~ C7 dementia. ~-- z ~ , r,~ ; , ~j ~ CJ7 z'r ~_'-r '~t ~ ' iii r: -° ~O ~ _ ri --~ .. `~ W G 5. By Order of October 18, 2010, Mary A. Barzda was adjudicated by your Honorable Court in the person of the Honorable Edwazd E. Guido, J. as totally incapacitated in the ability to make and communicate decisions for the management of her financial resources or to meet the essential requirements for her physical health and safety for the reason that she had been diagnosed by her attending physician as suffering from senile dementia of the Alzheimer's type. 6. As a result of the adjudication of Mary A. Bazzda as an incapacitated person, the subject premises have been unoccupied for more than a year and a half. 7. There is no reasonable prospect that Mary A. Bazzda will ever again be able to return to the subject premises or to live independently. 8. The subject premises consist of a small, 962 squaze foot cottage on 4.72 acres of land. 9. The subject premises aze located in the flood plain of the Yellow Breeches Creek approximately 1,000 yards upstream from the South Middleton Township sewage treatment plant. 10. The building is assessed for real estate tax purposes at pazcel number 22-11- 282-60 in the amount of $54,700, and the land is assessed in the amount of $107,000 for a total of $161,700. 11. Where the entire property is in the flood plain, Petitioner believes and therefore avers that the property is substantially over-assessed for real estate tax purposes. -2- 12. Adjoining property owners have offered to purchase the property for $62,500 in a cash transaction. 13. Opinions of value of two licensed, experienced auctioneers are attached hereto as Exhibits "A" and "B" and are incorporated herein by reference as though fully set forth 14. Where the entire property is in the flood plain, Petitioner avers that it would not be possible for a purchaser to acquire the property with mortgage fmancing; so prospective purchasers will be limited to purchasers with sufficient cash to purchase the property. 15. Petitioner believes and therefore avers that, if acceptance of the pending offer is not approved by your Honorable Court, the property will be unmarketable. 16. The estimated gross value of the estate of the alleged incapacitated person as of the date of filing of this Petition is $280,000, consisting primarily of an annuity with a value of $111,000, a whole life insurance policy with a cash value of $105,000, a certificate of deposit with a value of $12,000, a checking account with a value of $42,000, the undivided one-third interest in the subject premises with her two daughters with a value of $21,000, and miscellaneous tangible personal property of a nominal value. 17. The income, from all sources, of the alleged incapacitated person as of the date of filing of this Petition, is approximately $1,600 per month consisting primarily of social security. -3- 18. Petitioner was not required by your Honorable Court to post bond in connection with her appointment as plenary guardian of the person and estate of her mother. 19. There are no liens against the subject premises. 20. The daughters of Mary A. Barzda are neither minors nor subject to any other legal disability. 21. Petitioner indicates her consent to the sale of the subject premises on the foregoing terms by her execution of this Petition. 22. The consent of Susan A. Barzda is attached hereto as Exhibit "C" and incorporated herein by reference as though fully set forth. WHEREFORE, Petitioner requests that your Honorable Court approve the sale of real estate under the foregoing terms, without the posting of security Respectfully submitted, Wa a F. Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner -4- I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: March 2, 2012 Ann P. Barzda OPINION OF VALUE I have been providing professional opinions of the value of residential real estate in Cumberland County, Pennsylvania, for more than ten years. I have inspected the property at 429 Criswell Drive, Boiling Springs, Pennsylvania 17007. I am acquainted with the value of residential real estate in the locality of the property. I am not personally interested in the proposed sale of the property. In my opinion, the proposed consideration of $62,500 is more than could be obtained for the property at public sale. I verify that the statements made in the foregoing Opinion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: January 30, 2012 `~-: ~ --K--t William G. Rowe EXHIBIT "A" OPINION OF VALUE I have been providing professional opinions of the value of residential real estate in Cumberland County, Pennsylvania, for more than ten years. I have inspected the property at 429 Criswell Drive, Boiling Springs, Pennsylvania 17007. I am acquainted with the value of residential real estate in the locality of the property. I am not personally interested in the proposed sale of the property. In my opinion, the proposed consideration of $62,500 is more than could be obtained for the property at public sale. I verify that the statements made in the foregoing Opinion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: January 30, 2012 n. Dvuuci EXHIBIT "B" CONSENT TO SALE OF REAL ESTATE We. SUSAN A. RARI..DA, age 45. and PETER D. RYAN, age 47, of 2 Sherwood Road. Mt. Waverley. Victoria 3149. Australia, do hereby voluntarily and unconditionally consent to the sale of the real estate premises known and numbered as 429 Criswell Drive, Boiling Springs. Pennsylvania. to "I~homas H. Orlousky and Martha F. Rutland for the sum of $62.500. We verily that the statements made in the foregoing consent arc true and correct. We understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: February L~ .2012 WITNESS: Susan A. Barzda Peter D. Ryan EXHIBIT "C" ,- .;.,