HomeMy WebLinkAbout05-24-13 �
In Re: : IN THE COURT OF COMMON PLEAS OF
Estate of Phyllis L. Renninger, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased : NO. 21-13-0324
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: ORPHANS' COURT DIVI � � `�`' rn �
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PETITION FOR AUTHORITY TO CONVEY REAL ES~ � � ���� ��i�
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TO THE HONORABLE, THE JUDGES OF SAID COURT: " `!�: - � - _ - '
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AND NOW, comes Steven R. Maben, the Petitioner, by and th�ough his-�a�ttort�ey�
William R. Kaufman, Esquire, and respectfully represents as follows:
1. Phyllis L. Renninger (hereinafter"Decedent") died March 7, 2013 at her
home at 38 William Penn Drive, Camp Hill, Cumberland County, Pennsylvania 17011
(hereinafter"Residence").
2. The Petitioner is Steven R. Maben, (hereinafter "Petitioner"), an adult
individual who resides at 6111 Locust Lane, Mechanicsburg, Pennsylvania 17050.
3. On February 15, 2013, Decedent executed a new will which named
Petitioner as executor.
4. Decedent's February 15, 2013 Will was admitted to probate by the
Register of Wills of Cumberland County on March 19, 2013.
5. In Petitioner's capacity as executor, he entered into a sales agreement on
April 21, 2013 for the sale of the Decedent's Residence.
6. The Residence was sold for fair mar�et value, which was supported by an
appraisal performed by representative(s) of the buyer.
7. On May 1, 2013, Decedent's niece, Kelly Petersheim (hereinafter"Kelly"),
by and through her attorney Michael A. Scherer, Esquire, filed a Petition for Citation Sur
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Appeal fram Register in Probating Will and Request far Constructive Trust {hereinafter
"Action") requesting, among other specific relief, that Petitioner be removed as executar.
8. Glosing on the Residence is scheduled to take place on May 28, 2Q13.
9. Buyer's title insurance carrier requires an order of this Hanarable Court
which will permit the Petitioner to act as an authorized agent far the estate wi#h respect
to closing on the Residence.
10. It is hereby acknowledged that the autharity requested herein by the
Petitioner does not prejudge the merits of, or affect the rights af the parties in, the
Action.
'�1. Prior to submitting this Petition, I electronically mailed it and the prc►posed
order ta Michael Scherer, Kelly's counsel, He notified me both verbally and by electronic
mail that he was in agreement with both #he Petition and the proposed order.
WHEREFt)RE, Petitioner requests that the Court issue a Decree is substantially
the form accompanying this Petitian which will permit the Petitioner to act as an
authorized agent for the estate so that he may do all acts required and execute all
dacuments necessary in cannectian with the May 28, 2013 sale af#he Decedent's
Residence.
Respectfully submitted,
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�ate: .J' Z� .'--
William . Kau man, Es ire
I.D. No. 78�27
940 Century Drive, S e B
Mechanicsburg, PA 17�55
{717} 76�i-77Q2
Attorney for Petitioner
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VERIFICATION
The statements in the foregoing Petition are based upon information that has
been assembled by my attorney. The language of the statements is not my own. I have
read the statements; and to the extent that they are based upon information that 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.A. § 4904 relating to unsworn falsifications to authorities.
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Date: � '�'�
Steven R. Maben