HomeMy WebLinkAbout11-21-12IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
LOUISE H. JACOBS CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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NO. 21-12-0581 ~~='~ ``~
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PETITION TO SELL REAL -~} ~~-::
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PROPERTY OF ESTATE TO EXECUTOR OF ESTATE ~~~ ~_~~ ; ~.~
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AND NOW, come Petitioners, the Executor and all heirs of the Estate of Louise H.
Jacobs, by and through BARK SCHERER LLC, and file this Petition to Sell Real Property of
Estate to Executor of Estate and, in support thereof, set forth the following:
1. On May 21, 2012, the last will and testament of Louise H. Jacobs was admitted to
probate by the Register of Wills of Cumberland County docketed to No. 21-12-OS 81.
2. On May 21, 2012, Kirk E. Jacobs and Brian L. Jacobs, sons of the decedent, were
granted Letters Testamentary by the Register of Wills of Cumberland County.
3. One of the assets of the Estate is certain real property known and numbered as 253
Walnut Street, Carlisle, Cumberland County, Pennsylvania ("Real Property").
4. A l~~cal lending institution performed an appraisal of the property.
5. The sole heirs under the Last Will and Testament admitted to probate for this
matter are Kirk E. Jacobs and Brian L. Jacobs, the sons of the decedent.
6. The decedent was predeceased by her spouse, Kenneth E. Jacobs.
7. The Executor desires to purchase the Real Property from the estate.
8. Kirk E. Jacobs and Brian L. Jacobs desire to have Kirk E. Jacobs purchase the
Real Property fror., i the estate.
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9. The property was recently appraised at a value of $134,000.00.
10. Kirk E. Jacobs and Brian L. Jacobs have reached agreement that the fair price to
Kirk E.Jacobs for the Real Property should be $124,620.00 which reflects costs savings the estate
will gain through a direct sale to Kirk E. Jacobs and his spouse by reducing the amount of
realtor's commission and transfer tax that would otherwise be paid.
11. 20 Pa.C.S.A. §3356 permits the executor of an estate to purchase real property of
the estate "...subject, however, to the approval of the court, and under such terms and conditions
and after reasonable notice to parties in interest as it shall direct."
12. This Petition seeks approval of the court to the contemplated transaction under
such terms and conditions as the court may direct.
WHEREFORE, Petitioners request this Court approve the sale of the Real Property of the
estate to Kirk E. Jacobs and his spouse setting such terms and conditions as the Court may direct.
Respectfully submitted,
BARIC SCHERER L
Date:
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Petition To Sell Real Property Of Estate To Executor of
Estate 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.
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Kirk ~`~ Jacobs
CONSENT
The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities, that they are adults; that the statements made in
the Petition To Sell Real Property Of Estate To Executor Of Estate filed by David A. Baric,
Esquire are true anal correct to the best of their knowledge, information and belief; that they
concur and consen~ to the proposed distribution.
WITNESS:
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DATE
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