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HomeMy WebLinkAbout06-29-12In Re: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.; n ~ r GARNET J. HACKLING, ;REGISTER OF WILLS ~ =~- c`".-. G7 -U ~ rn ~_~ r-- ~ _ ~D An Incapacitated Person NO. 10 - 0215 ~ ~~; : v ~ "7 ~~_. __ ~ ~- W _° ~a . to Petition to Transfer Interest in Real Estate of Incapacitated Person -= In Accordance with 20 Pa. C.S.A. §5536(b)(2) AND NOW comes, James L. Hackling, Guardian of the Person and Estate of Garnet J. Hackling, by and through Frey and Tiley, Attorneys-at-Law, and makes the following statement in support of his Petition: Petitioner is the Guardian of the Person and Estate of Garnet J. Hackling, hereinafter referred to as the "Incapacitated Person," by virtue of an Order issued by the Orphans' Court on April 13, 2010 to the above-captioned file number. Among the assets of the Incapacitated Person is an undivided one-half interest is real estate situate in Dickinson Township, Cumberland County Pennsylvania, know as 1345 Goodyear Road, Gardners, Pennsylvania, more particularly bounded and described as set forth on Exhibit "A" attached hereto and incorporated herein. Said real estate is owned.jointly with her husband, the Petitioner, as tenants by the entirety. 4. Said real estate is currently encumbered by a mortgage. Petitioner has made application for a mortgage of $~~ . C ~ Q for the purpose of paying off the existing mortgage and lowering his monthly payment. The lender selected by Petitioner has required that Petitioner obtain a specific court order authorizing him to mortgage the real estate or, alternatively, to ~z~ {~-, ~? <._., ~' ~ . . r :_ -7 ~ _~ ' ,._. - . -;. -r; _ ~~ ~.n p --s~ '-~~. ~: transfer t'1E "ecl ~rOper%\' I'7i0 l:IS name a)OI;P SCE thai ire \l%OUId not need. aL'1~'OI"iZ~iJn id SI Vin. 7 The Incapacitated Person is currently a resident ofa nursing home due the advanced stage of dementia from which she suffers.. 8. Due to her condition, it is not expected that the Incapacitated Person will ever be able to return to live in her home at the real property. 9. The Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. §--5536(b)(2) specifically empowers the court to engage in estate planning on behalf of the incapacitated person, including the power to convey interests of an incapacitated person "including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety." 10. A transfer of property to a spouse does not violate the eligibility requirements for Medicaid. ~5 Pa. Code § 178.104(e). 1.1. Petitioner believes it is appropriate and the best course of action at this time to transfer- the interest of the Incapacitated Person. in the real property to him so that he may more easily manage it, including engaging in refinancing transactions. 12. In addition to Petitioner, the next of kin and heirs of the Incapacitated Person are as set forth on Exhibit "B" attached hereto. WHEREFORE, Petitioner requests a Citation be issued to the next of kin of Garnet" J. Hackling to show cause why Petitioner should not be granted leave of ~-our Honorable Court, pursuant to 20 Pa.C.S.A. ~5536(b)(2). to execute a deed conveying the real estate estate situate in Dickinson Township, Cumberland County Pennsylvania" know as 1345 Goodyear Road, Gardners, Pennsylvania, from James L. Macklin and Garnet J. Hackling, husband and wife, as tenants by the entirety to James L. Hackling in his sole individual capacity. Respectfully Submitted, Frey & Tiley, By. 1 Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C S. A. § 4904 relating to unsworn falsification to authorities. %._----, es L. Hackling ALL THAT CERTAIN tract of land together with the improvements thereon erected, situated in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Robert E. Stiffler, R.S., dated May 7, 1975, to wit: BEGINNING at a point on the eastern right-of-way line of LR 21030, said point being also the southeast corner of Lot No. 6 of the hereinafter mentioned Plan of Lots of Richard E. Anderson; thence along the eastern right-of-way line of LR 21030, North 46 degrees 00 minutes 15 seconds West, 150 feet to an iron pin at the corner of Lot No. 5 of the hereinafter mentioned Plan of Lots of Richard E. Anderson; thence along the dividing line of Lots Nos. 5 and 6. North 42 degrees 43 minutes 21 seconds East, 290-50 feet to an iron pin; thence along Lot No. 8 of the hereinafter mentioned Plan of Lots, South 34 degrees 55 minutes 28 seconds East, 153.52 feet to an iron pin at corner of Lot Noo 7 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 6 and 7, South 42 degrees 43 minutes 21 seconds West, 260.99 feet to a pin, the point and place of BEGINNING. CONTAINING 41,352 square feet. BEINC'~ Lot No. 6 of the Plan of Lots of Richard E. Anderson, approved August 11, 1975, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 26, Page 121. HAVING THEREON erected a dwelling house known as 1345 Goodyear Road, Gardners, Pennsylvania EXHIBIT "A" _ NAME ______ __ ADDRESS RELATIONSHIP Katherine Davis 15643 Cumberland Highway Daughter Newburg, PA 17240 Harold Fansler 233 Patterson Road Son Oakwood, OH 45419 Roy Fansler 301 Sands Street Son Panama City, FL 32413 June Sheffield 5145 Trace Crossing Drive Daughter Hoover, AL 35244 Exhibit "B" In Re: N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARNET J. MACKLING, :REGISTER OF WILLS An Incapacitated Person NO. 10 - 0215 CONSENT By my execution to this Consent, I do hereby confirm that I, as a next of kin and heir of Garnet J. Mackling, am in agreement with the Petition of James L. Mackling to authorize him to execute a deed conveying the real estate estate situate in Dickinson Township, Cumberland County Pennsylvania, know as 1345 Goodyear Road, Gardners, Pennsylvania, from James L. Mackling and Garnet J. Mackling, husband and wife, as tenants by the entirety to James L. Mackling in his sole individual capacity. I am not aware of any next of kin or heirs of Garnet J. Mackling, other than those named on Exhibit "B." I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. i l _. ,, ,. ~Z K t Brine Davis In Re: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARNET J. HACKLING, :REGISTER OF WILLS An Incapacitated Person : NO. 10 - 0215 CONSENT By my execution to this Consent, I do hereby confirm that I, as a next of kin and heir of Garnet J. Hackling, am in agreement with the Petition of James L. Hackling to authorize him to execute a deed conveying the real estate estate situate in Dickinson Township, Cumberland County Pennsylvania, know as 1345 Goodyear Road, Gardners, Pennsylvania, from James L Hackling and Garnet J. Hackling, husband and wife, as tenants by the entirety to James L. Hackling in his sole individual capacity. I am not aware of any next of kin or heirs of Garnet J. Hackling, other than those named on Exhibit `B." I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. ~ %' ~rol d F~t~'e~ °~._. In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARNET J. MACKLING, :REGISTER OF WILLS An Incapacitated Person NO. 10 - 0215 CONSENT By my execution to this Consent, I do hereby confirm that I, as a next of kin and heir of Garnet J. Mackling, am in agreement with the Petition of James L. Mackling to authorize him to execute a deed conveying the real estate estate situate in Dickinson Township, Cumberland County Pennsylvania, know as 1345 Goodyear Road, Gardners, Pennsylvania, from James L. Mackling and Garnet J. Mackling, husband and wife, as tenants by the entirety to James L. Mackling in his sole individual capacity. I am not aware of any next of kin or heirs of Garnet J. Mackling, other than those named on Exhibit `B." I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A § 4904 relating to unsworn falsification to authorities. In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARNET J. MACKLING, :REGISTER OF WILLS An Incapacitated Person NO. 10 - 0215 CONSENT By m;~ execution to this Consent, I do hereby confirm that I, as a next of ki_n and heir of Garnet J. Mackling, am in agreement with the Petition of James L. Mackling to authorize him to execute a deed conveying the real estate estate situate in Dickinson Township, Cumberland County Pennsylvania, know as 1345 Goodyear Road, Gardners, Pennsylvania, from James L. Mackling and Garnet J. Mackling, husband and wife, as tenants by the entirety to James L. Mackling in his sole individual capacity. I am not aware of any next of kin or heirs of Garnet J. Mackling, other than those named on Exhibit "B." I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A § 4904 relating to unsworn >~aisification to a~;fnorities.