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Home My WebLink About01-22-14 c� -_ � � rn r� � Q c`,"_ °C� C�.7 C3 _-s __ "C7 — ff7 -`� � � C°.� `�' ......i C::''c Patricia Carey Zucker,Esquire ;'� .,�> r" r�, �;.� i � _" r'`i rv ,.. �°u:s DALEY ZUCKER *•- '° MEILTON&MINER, LLC - C� � ' K.� .. 635 N. 12`�Street, Suite 101 �� ' � `� � '��`� : _; _.t F i".... . __... �.... Lemoyne, PA 17043 , •--� ' � (717)724-9821 ' ::��' c .' • - `-�'; pzucker(c�r�,dzmmlaw.com �`' �"�' '��' `;�; � i''"3 IN RE VELMA B. GEBHARD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 2013-00765 CONCURRENCE TO MOTION TO MODIFY STIPULATION AND AMEND ORDER AND APPOINT A MASTER AND NOW, this 22"a day of January, 2014, comes, Terry J. Gebhard, Co-Agent ("Co- Agent") for Velma B. Gebhard, by and through his counsel, Patricia Carey Zucker, Esquire and Daley Zucker Meilton & Miner, LLC, to file this Concurrence to Motion to Modify Stipulation and Amend Order and Appoint a Master and avers as follows: l. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. The property description was inadvertently missing from the Motion. The description of the Devonshire Drive Property is as follows: ALL that certain lot of ground located on the West side of Devonshire Drive in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of Devonshire Drive, which point is in the line dividing Lots 106 and 107 on the Plan of Section "C" of Heatherlands recorded in Cumberland County, Pennsylvania in Plan Book 14, Page 28; thence along the West side of Devonshire Drive South 04 degrees 55 minutes 50 seconds East 100 feet to the line dividing Lots 107 and 108 as shown in said Plan of Lots; thence along said dividing line South 85 degrees 04 minutes 10 seconds West 150 feet to a point in the line dividing Lots 89 and 90 from Lot 107; thence along said last mentioned dividing line North 04 degrees 55 minutes 50 seconds West 110 feet to a point in the line dividing Lots 106 and 107; thence along said last mentioned dividing line North 85 degrees 04 minutes 10 seconds East 150 feet to the place of beginning. The above described is Lot No. 107 as shown on said Plan of Lots and is part of a larger tract of land conveyed by Joseph W. Noble and wife to Roy H. Wenger and Ruth E. Wenger, by deed dated Apri121, 1945, and recorded in Deed Book "Z", Vol. 12, page 231, the interest of Ruth E. Wenger therein having been conveyed to Roy H. Wenger by deed dated March 3, 1961, and recorded in Deed Book "D", Vol. 20, page 223. Being the same lot of ground which Carlisle Realty Co., by their deed dated July 30, 1965 and recorded in Deed Box "R", Vol. 21, page 409 conveyed to James B. Gebhard and Velma B. Gebhard, his wife. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. It is admitted that undersigned counsel recently engaged in telephone discussions with Movant's counsel, David A. Baric, Esquire, and that both counsel and Co- Agents agree that the Court should appoint an independent Master to be available to resolve disagreements between the Co-Agents related to the listing and sale of the Devonshire Drive Property. Additionally, in accordance with Paragraph 6 of the Stipulation, both Co-Agents have agreed to amend Paragraphs 1 and 2 of the Stipulation in writing, which Amendment is attached hereto as Exhibit"A" and made a part hereof. 11. Admitted. Respondent incorporates his Answer to paragraph 10 above by reference in its entirety. 12. Admitted. Respondent incorporates his Answer to paragraph 10 above by reference it its entirety. WHEREFORE, the Co-Agents respectfully request that this Court amend and modify the Order and Stipulation dated November 27, 2013 to Appoint a Master in accordance with the attached Order. Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC - ,��/�' Date: January 22, 2014 B : � �-''��' cia Carey uc r, Esq �re Attorney I.D. No. 7334 �' � 635 N. 12t" Stre , Suite 1 Lemoyne, Penn lv 'a 17043 Telephone: (717) 724-9821 pzucker�a�,dzmmlaw.com Attorney for Terry J. Gebhard vEx�FZCATiorr I, Terry J. Gebhard, Respondent, vei7fy that the statements made in this Concurxence to Motian to Modify Stipulation and Amend Order and Appoint a Master are true and coxrect to the best of zny knowledge, information and belief. I understand that false statements herein are made subjeot to the penalties of 18 Pa.C.S. Section 49Q4, relating to unsworn falsification to authorities. J�t�i i�ti 201� Date: T rry J. b d Patricia Carey Zucker,Esyuire DAI.EY ZUCCCER ME[LTON&M1N6R, LLC 635 N. i 2°i Street,Suite I U 1 Lemoyne,PA 17043 (717)72G-98Z1 �zucker(c�dzmm(aw com 1N RE VELMA B. GEBHARD . �N THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY,PENN�SYLVANIA . (?RPHANS' COURT DIVISION . No.2013-00765 A,1111+�ENDMENT TO STll'ULAT�ON AND NOW, this J 5�day of 7anuaxy, 2014, an accordan.ce with Paragraph 6 of the November 27, 2013 Stipulation and Oxder af Court, bot1� Velrna G. Conway and Tez�ry J. Gebhard, Co-Agents af Velma B.Gebhard,owner of the real property located a�630 Devonshire Drive, Carlisle, Pennsylvaz�za 17413-3604 ("Devonshire Drir+e Pxoperty"), k�ereby amend the Stipulation as£ollows: l. On or before February 1, 2014,the Devonshire Drive Propez�ty sha11 be Iisted with Vincent Mellott of Centuiy 21 in Carlisle, Pennsylvania at a comtr�ission rate of six(6°/a)percent for a period of six{6)months and shalt initially be offered far sale at Two Hundred Twenty Four Thousand Nine Hundred ($224,900.00) Dollars. If this listing should expire priar to sate of the prc�perty,fihe Co-Agents shall have the option ta re-list with Vincent Mellott or to jointly agree to select another realtor with who�ta list. This option shall be available until the property is sold. 2. The Court will appoint a Master ta prorr�ptly hea� and reasonably determine all disagreements betwsen the Co-Agents related to the listing and sale of the Devonshire Drive Propei�ty. 3. Paragxaphs 3 through 9 of the N'ovember 2'�, 2013 Stipulation to remain effective. t� � �� . ,_ � �. Velma G. Conway ate Terry J. Gebhard Date Patricra Carey Zucker,Esquire DALEY ZUCKER IV�ILTOht 8C MINER�I_LC 635 N.�2�s��t,s,��r� ioi Lemoyne,PA 17043 (717)724-9821 uzucker(c�.dzmmlaw.com IN RE VELMA B. GEBHARU . 1N THE COU�ZT OF COMMON PLEAS -' . �F CUMBERLAND COUNTY,PENNSYLVANIA . ORPHANS' COURT DIVISION . Na. 2013-00765 AMENDMENT TO STIPULATION AND NO W, this ��day of January, 2014, in accordance with Paragraph 6 of the November 27, 2013 Stipulatian and Order of Court, both Velma G. Conway and Terry J. Gebhard, Co-Agents of Velma B. Gebhard,ownex of the real property located at 630 Devonshire Drive, Carlisle, Pennsylvania 17013-3b04 ("Devonshixe Drive Property"), hereby amend the Stipularion as follows: l. On or before Febivary 1, 2014,the Devonshue Drive Property sha11 be listed with Vi�ncent Mellott of Century 21 in Carlisle,Pennsylvania at a commission rate of six(6%)percent for a period of six(�months and shall initially be offered for sale at Two Hundred Twenty Four Thousand Nine Hundred ($224,900.00) Dollars. Tf fihis listing should expire prior to sale of tl�e property,the Co-Agents shall have the option ta re-list with Vincent Mellott or to jaintly agree to select ano�lier realtor with whom to list. This option shall be available until the property is sold. 2. The Coure will appoint a Master to promptly hear and reasonably determine all disagreements between the Co-Agents related to the listing and sale of tt�e Devonshixe Drive Property. 3. Paragraphs 3 through 9 of the November 27,2013 Stipulation to remain effective. � 4. This Amendmez�t ma.y be executed i�n multiple counterparts. Date: Velma G. Conway 1 . ,�,� 1*� �'°I`� �,W.r.,�.,� Date. � eny . Ge hard 2 CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, do hereby state that I have this day caused to be served a true and correct copy of the foregoing Concurrence to Motion to Modify Stipulation and Amend Order and Appoint a Master upon the person and at the address below named via U.S. Mail, First-Class, postage prepaid, as follows: David A. Baric, Esquire, Baric Scherer LLC 19 West South Street Carlisle, PA 17013 Attorney for Velma G. Conway ��.�----- �, r,o---�7 // / .r' 1 � �� '_.� Date: January 22, 2014 By: ' ` P�fricia Carey Zu er, Es ire DALEY ZUCK MEILTON & M NE , LLC Attorney I.D. No. 334 635 N. 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 Telephone: (717) 724-9821