HomeMy WebLinkAbout05-01-15 IN RE: ESTATE OF DONALD L. BURD : ORPHANS' COURT DIVISION
LATE OF WEST PENNSBORO TOWNSHIP : COUR"l, Ol� COMMON PLEAS
: CUMBLRL��ND COUNTY
: PENNSYLVANIA
: NO. 21-14-0828
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4,.� � �-- �:�� PETITION TO RENOUNCE RIGHT TO ADMINISTER
" � -�t PROPERTY OF NO VALUE
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�:; - �� � �1`1'1��pW, comes Petitioner, Gregory L. Burd, by atid through his counsel,
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� ��:Br�e L �i��e, Esquire, and the law firm of Griffie & Associ4ites, P.C., and petitions
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1. Your Petitioner is the Executor of the above referenced estate, having been so
appointed by the Register of Wills of the Court of Common Pleas of
Cumberland County, Pennsylvania, by the issuance of a Certificate of Grant of
Letters Testamentary dated September 5, 2014.
2. The decedent herein passed away on August 23, 2014 leaving a Last Will and
Testament dated August 13, 2009.
3. Your petitioner is the sole heir of the estate of Donald L. Burd, who passed
away at a time he was widowed and not married, and had no other children.
4. At the time of his passing, the decedent owned re�:tl estate located at 19
Bridgewater Road, Newville, Cumberland County, Pennsylvania, jointly with
Petitioner, as evidenced by the Deed recorded in the office of the recarder of
deeds in and for Cumberland County in Deed Book 266, page 2571, a copy of
which Deed is attached hereto and incorporated herein as Exhibit"A".
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5. The aforesaid real estate, which was owned in the decedent's name jointly with
your Petitioner at the time of his passing, was encumbered with a mortgage
executed by Decedent and his late wife, who predeceased him, due and owing to
Chase Manhattan Mortgage Corporation, recorded in the Cumberland County
Recorder of Deeds Office in Book 1827 Page 1986.
6. The aforesaid mortgage was assigned by an Assi�nment of Mortgage dated
February 26, 2014 and recorded in the Cumberland County Recorder of Deeds
Office on March 10, 2014 at Instrument Number 201404849, assigning the said
Chase mortgage to Bayview Loan Servicing LLC, of� 4425 Ponce de Leon
Boulevard, Fifth Floor-Mail Room, Coral Gables, Florida, 33146, one of the
Respondents herein.
7. The aforesaid real estate is likewise encumbered with a line of credit, which is
recorded as an encumbrance against the property, by mortgage recorded in the
Cumberland County Recorder of Deeds Office at Book 1947 Page 3076, which
is due and owing to PNC Bank at Account Number 40 03 048110913902, which
line of credit remains due and owing to PNC Bank of 1'O Box 609, Pittsburgh,
Pennsylvania, 15230—9738.
8. The balance that is due on the aforesaid ChaseBayview mortgage is
approximately $58,000.00 and the approximate b�lance that is due on the PNC
mortgage/line of credit is believed to be in excess of $29,366.50.
9. Based on an appraisal performed by Larry E. Foote, a certified appraiser with
Diversified Appraisal Services, the current value of tf�e property at issue on
Bridgewater Road is $34,000.00, the cover sheet st��iting the value being
attached hereto and incorporated herein as Exhibit`B."
10. The instant estate is insolvent, but continues to have a claim against it by the
Pennsylvania Department of Public Welfare in the amount of$66,078.59.
11. The real estate at issue provides the estate with no equity and, in fact, reflects a
deficiency wherein the mortgages due and owing on the property greatly exceed
the value of the property.
12. If this property had been encumbered with one �nortg<<ge, your Petitioner, as
Executor of the estate of Donald Burd, could have negotiated a Deed in Lieu of
Foreclosure with the sole mortgage holder.
13. The existence of two mortgages on the property �nakes a Deed in Lieu of
Foreclosure an impossible procedure to follow under the circumstances.
14. Due to the insolvency of the estate, the inability to sell the property under
circumstances where both mortgages can be paid in full, or even sell the
property a"short sale", and the fact that a Deed in Lieu of Foreclosure is not an
available procedure to follow at this time, your Petitioner and counsel
determined that any further efforts to maintain the property, sell the property, or
otherwise attempt to negotiate a resolution of the transfer of the real estate to
either or both mortgage companies is fruitless, and would be a waste of the
limited resources available to this insolvent estate and the Executor.
15. Petitioner, through counsel, has already executed a Consent Judgment and is not
defending the foreclosure action against the propei-ty, despite Petitioner's
personal ownership interest in the property as iderrtified on the Deed that is
attached hereto as Exhibit"A". �
16. The ownership interest in the aforesaid real estate that t'etitioner was provided
was secured through a gift from the decedent prior to his passing, and Petitioner
recognizes there is no equity or value in the real estate and, therefore, there is no
benefit to him personally in maintaining ongoing ownership of the property.
17. Pursuant to 20 Pa.C.S. Section 3312, your Petitioner, as Executor of this estate,
is authorized to petition the Court and request authorization to renounce his
right to administer property which is of no value to the estate.
18. The instant real estate is not only of no value to the estate, but also was of no
value to the decedent at the time of his passing, as it w��as encumbered well in
excess of its reasonable value, based upon the appraisal secured for the
property.
19. Both of the mortgage holders herein have been advised of the position of the
estate and notified that the foreclosure on the propel-ty will need to take place as
a Deed in Lieu of Foreclosure is not an avail��ible alternative under
circumstances where there are two mortgage holders.
20. Even without circumstances of the mortgages oY� the real estate being
dramatically in excess of the value of property, the estate is otherwise insolvent
based upon its limited assets and its substantial debt.
21. Petitioner is the only beneficiary of the estate and is a joint owner of the real
estate at issue and hereby waives any right or interest he. has in his ownership to
the property individually or through his position as E��cutor of the estate of
Donald L. Burd.
WHEREFORE, Petitioner requests your Honorable Court to issue a Rule and Citation
upon Bayview Loan Servicing, LLC, PNC Bank and the Department of Public Welfare,
Commonwealth of Pennsylvania, to show cause, if any they have, as to why the Court
should not authorize the personal representative to renounce his right to administer the
property located at 19 Bridgewater Road, Newville, Cumberland County, Pennsylvania,
as property of the estate, thereby forfeiting any rights or benefits in the real estate and,
further, avoiding any personal liability for Petitioner or additional liability for the estate
associated with the real estate, such as a deficiency judgnlent �r other claim, thereby
allowing the mortgage holders to assume all responsibilities ai7d rights relative to the real
estate.
Respectfully subn�ittcd,
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. Gri�7ie, I;squire
ar ey for Petitioner
Supreme Court ID Nu. 34349
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements inade in the foregoing document are true and conect. I
understand that false stateinents herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: '� �� I� �����. `
Gregory L. B rd, xecutor
IN RE: ESTATE OF DONALD L. BURD : ORPHANS' COURT DNISION
LATE OF WEST PENNSBORO TOWNSHIP : COUR"1, Ol� COMMON PLEAS
: CUMBI;RLAND COUNTY
: PENNSYL�VANIA
: NO. 21-14-0828
CERTIFICATE OF SERVICE
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I, Bradley L. Griff'ie, Esquire hereby certify that I did, the � day of
m , 2015, cause a copy of Petitioner's Petition to Renounce Right to
Administer Property of No Value to be served upon the Respondents listed below by first
class mail, postage prepaid, at the following addresses:
Bayview Loan Servicing LLC
4425 Ponce De Leon Blvd.
St" Floor-Mail Room
Coral Gables, FL 33146
Joseph P. Schalk, Esquire
Phelan Hallinan, LLY
126 Locust Street
Harrisburg, PA 17101
PNC Bank
PO Box609
Pittsburgh, PA 15230-9738
PA Dept. of Public Welfare
Attn: Patricia Nace .
Division of Third Party Liability
Recovery Section
PO Box 8486
Harrisburg, PA 17105-8486
DATE: � � -';�r�;;�il:
B ' iftie,,11�'squire
for Petitioner
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MADE THE ,��f�-� duy r���j��c�r�-a-° in 11�e>>eur u��c�in' Lurcl Iii�U IIIUl1.1'L1I7LI
LIf9L��02/]".
13ETWEEN DONALD L. BURD crnd FRANCES A�: BURD, h��sband ancl wilc, of
Cumberlancl County, Pennsylvania, Grantor herein,
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-GREGORY L. BURD, married nian, of Boiling Sprin�;s, Cumberland County.
Pennsylvania, Grantee herein.
WITNESSETH, ll�crl in consicleru�ion qf'UNEAND,L�%100 (S1.0O) Dullur, i�7lacn�cl��uic�,
111C' 1'L'L'C'1171 11'�1L'1'L'Of iS hereby GCk110Yi'IL'G��L'C7; l�1L' .SClIL� cl'L111I01".S' LI�U j7L'1'L'�)l' �,rl'Ll17/ Ll17L�
CC�111'L')- /L'17 �I D�J 17L']"CC'1�I 1111L'1'L'S'/ I71 /ylC' 14'1IJ9119 Li�L'b'CI'll)('.L�J7/'OJ)�'1'/)� 10 /�7L' ,S'U1L�til"Clll/L'C, �77.1'
��L'lT',S' U71C�Ll.S'.57bY1S'.
ALL that cei•tain tract of land situate in North Newton Township, Ctunberland Counc},
Pennsylvania, as shown on the "Preliminary Fina1 Subdivision — Charles L. and Ronald L.
Leluiian" as recorded in Cumberland Cotu7ty Plan Book 44, Pa�e 79 and bein� more
particularly bounded aiid described�as follows:
BEGINNING at an existing iron pin in line of lands now ol• fcrrmerly of Jay Miller;
thence along line of lands now or formerly of.iay Miller, North sixty-ei�li� (6�) decrr-es
thirty-five (35) minutes fifty (50) seconds East, two hundred and zero htu�dredths
(200.00) feet to an iron pin at common boundaiy line of Lots 4 and 3; thence alon��
comn�on boundaiy line of Lots 4 and 3, South fifty-siY (5�) de�rees twc;nty-se��en (?7)
n:inutes ten (10) seconds East, one hundred eighty-one ai�d forty hundredths (18].40) feet
to an iron pin; thence along common boundaiy line of Lots 4 and � alon� a lifty (5U) ioot
right-of way and along common Uoundary line of Lots $ and A on the aforesaicl ��lan,
South fhirty-nine (39) degrees fifty-five (55.) minutes West, a conabined distance oF three
hundred ninety-four and fifteen hundredths (�94.15) feet to an iron pin in line of lands
now or forn�erly of Leo Cramer; thence along line of lands now or {-ormerly ol' Leo
Cran�er, North twenty-tlu�ee (23) degrees fourteen (14) mintrtes West, three hundred ancl
zero hundredtlis (300.00) feet to an existing iron pin; tllence North thirty-t��o (32) de�rees
nine (09) n�inutes East, sixty-three and sixty-five hundredths (63.6�) ieet to an e�istiil�
ii-on pin,the place of BEGINNING. CONTAINING a combined acre�ge ol'1.Z72 acrc:s•
�BEING Lot nuiilber 4 and Lot B of tl�e aforementioned subdivisioi�.
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� . Exhibit "A"
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UNDER AND SUBJECT to building seibacl: lines as sl�own on ihe al��resaicl pl�u�.
UNDER AND SUBJECT, ALSO, to ihe ftn�ther restriction that ihis ���U'Ct;I C£11111U1 �)�
subdividc:d.
TOGETHER with .unto tlle gi•antees, tlleir heii•s and assigils, in common neverlhel�ss
with the other lot ownei•s on said plan, their heirs and assigns, the ri�,hi o�l�incress, e�ress
ancl regress over and along the said f fty (50) foot wide ri�,hi-oi=way leadin� ti-om
Township Route 393 as shown on the afoi•esaid plan.
UNDER AND SUBJECT to obligation of proportionate cost of maintenance of lhe
aforesaid right-of-way in conjunction with oiher users.
BEING the same premises that Keith L. 'L'ehman and Tammy L. Lehman, by their dc:e.d
dated the 12��' day of June, 1992, aud recorded in the Office of ihe Recorder of Deecls in
and foi• Cumberland County, Pemisylva�lia, in Deed Bool: "S", Vol�une 35, Page SU�,
granted and conveyed uilto DONALD L. BURD and rRANCES M. BURD, husband and
wife, GRANTORS herein.
This real eslcrte tr•ansfel• zs bet�d�BL'111JC1)"L'1115 C119GI CI1lIC�, cn�d Il�ere�fcn�e, e�c�n���i.fi•c,�r1
reully 1rui�sfer 1tn.
Ar�d tl�e said grantors I�er•eby covencr�lt und ugT'L'G' /J2Cl( lI1L'y ri�ill �-��crr•rcr��l .s��c�c•iu1J��
the pro�ert��Ilereby conveyed. `
1N i�1TNES� "vi%HExEOF, scricl'g��cnllor•s l�a�'L' I1G'1'C'1/11T0 .S'C� ii�c�ir himcl.s• uncl ,SL'LII.S
t1�e dcry crf�c�y�cn•,fi�•s•f cabo>>e v��r�zlten.
Sigr�ed, Sealecl and Deli>>ered
lYl /I1C'PI'L'S�71C� Of
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/� . DONALD L. 13URD
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FRANCES M. B URD
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O» lhis•, !he ;,��/�/' duy �f /�cr�(�i���--I�-�'L , 2(JO-�, be�ure mc�, Ihe� tincler.s•i��,'1?(.'LI
officcr, p�r�s�onully Cl�)�)L'C/1'G'Gl� D0J9UICI L. I3111'G� L!)1L� I'�/'L117CL',5• A�L 131u•cl, knorrn iv 117L' (ur
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CU17lCl117L'L�.
IN YI�ITNESS YVHEREOF, 1 hereai�alo sc�l m�-1�u1�i1 cn�c1 u��rcict/,ti�eirl.
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NOTARIAL SEAL
ROBINl,�OSHORN,NOTARY PURLIC
CARLISLE BORO.,CUMBERIAND COUWTF
MY COMMISSIOh EXPIRES APRIL 17 20U7
1 do lzereby certzfj, thcrt the preciSL' 1'L'.5'IG�G]1CC' L/71G�L'OI11�7IL'1e pu.ti•I uffice uciclrc�.s•.i� uf.
/lze �-i�zthi»nnmecl grantee is �90 Cris�i�ell Dri>>e, Bvilir�g Spr[��£;ti', P,�1 17(17U.
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COA�IAIONYI�'EALTH OF PENNSI'L VANIA )
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Coz.n�ry �f )
RECORDED on this d�r��qf'
A.D. 200�, in the Recor�der•'s• c�ffice o��/I�e scricl Cc�i.n�l��, i�� De�d
13ook Vol. , Pcrge '
Gi>>en i�ncler my Izund und the s•ecrl of�lhe.5 l�c�(.�f.�.ic.e� 11..� l��!� � > >� �
� 1`�.,f.1 ,.��,� �1��� tc��-c�`r�co�de�
� �vr•itten: � iil �'i_tl�il:7:;rla��d Ccunty PA
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Diversified Appraisal Services .
Real Esfafe Appraisers and Consultants 35 Easf High Street
Carlisle,PA 17013-3052
(717)249-2758
FAX(717)258-4701
April 13,2015
� TO: The estate of Donald L. Burd
FM: Larry E. Foote
RE: Summary Appraisal Report
Residential Property
19 Bridgewater Road
Nevwille,Pennsylvania
At your request, I have appraised the captioned property. The appraisal report,which
follows this letter,is submitted in support of my opinion of Market Value of the Fee Simple
Interest in the property, as of August 23,2014.
I hereby certify that,to the best of my knowledge and belief,the data, facts, and
opinions set forth therein,are accurate, subject to the Statement of Assumptions and Limiting
Conditions that is also made a part of the report,and that the indicated Market�7alue of the
subject property,as of August 23,2014 is:
THIlZTY-FOUR THOUSAND DOLLARS
$34,000
This appraisal has been made in conformity with the standards of professional practice
of the National Association of Realtors Appraisal Section. I appreciate your having considered
me for this assignment and trust that you find the report entirely satisfactory.
Respectfully submitted,
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Larry E. Foote
Pa. Certified General Appraiser
GA-000014-L
2
Exhibit "B" '