HomeMy WebLinkAbout05-02-78 (3)
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IN THE ~ATTER OF THE
'ESTATE OF EDNA W.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
ORPHANS' COURT DIVISION
NE"JCOMER, DECEASED
21-78-80
PETITION TO ALLOW EXECUTION OF DEED BY ONE OF TWO
COFIDUCIARIES
1.
The petitioners, NANCY A. NEWCOMER and G. ROBERT NEWCOMER,
are Coexecutors of the Estate of Edna W. Newcomer.
2 .
On February ~, 1978, the said Edna W. Newcomer, deceased,
herein called "decedent", died testate domiciled at 337 16th
Street, New Cumberland, Cumberland County, Pennsylvania.
3.
On February 16, 1978 the Will of the decedent was
iadmitted to probate and Letters Testamentary were granted to
Ipetitioners by the Register of Wills for Cumberland County, Penn-
,
'sylvania. A copy of the said Will is attached as Exhibit "A".
4.
At the time of her death, the decedent owned real estate
I!at 337 16th Street, New Cumberland, Cumberland County, Pennsylvania!
I
!'consisting of three lots with one hundred fifty (150) front feet
'on 16th Street, improved by a brick dvJelling and brick garage.
5.
The decedent in her Last Will and Testament (Paragraph X)
,directed that first option to purchase the aforesaid real estate
,be given to Nancy A. Newcomer, a daughter, who is one of the
petitioners.
6.
Nancy A. Newcomer desires to purchase the aforesaid real
L.....w OI'"I'"ICES
JON F. LAFAVER
317 THIRD5TREET
NEW CUMBERLAND, PA.
BOOK 104 fm 89'.!
II
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estate for the sum of sixty-five thousand ($65,000.00) dollars,
which is the value determined by Joseph McGraw, a disinterested
appraiser in accordance with the terms of the Will (copy of Mr.
McGraw's appraisal attached as Exhibit "B").
WHEREFORE, in order to accomplish the transfer of the
aforesaid real estate to Nancy A. Newcome~, your petitioners
respectfully request that leave be granted to G. Robert Newcomer
to execute a Deed for the property at 337 16th Street, New
Cumberland, Cumberland County, Pennsylvania, to Nancy A. Newcomer
in accordance with the Pennsylvania Probate, Estates and
I Fiduciaries Code Section 3356.
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G. Rob t Newcomer
LAW O,.....ICES
COMMONWEALTH OF PENNSYLVANIA
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II COUNTY
II
1,',1' On this, the ,"',/'//j day of I , (
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II me, a Notary Public, the undersigned officer, personally appeared
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!INANCY A. NEWCOMER and G. ROBERT NEWCOI1ER, known to me (or satis-
IlfactorilY proven) to be the persons whose names are subscribed
Ii to the within instrument, and acknowledged that they executed the
II same for the purpose therein contained.
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il IN WITNESS WHEREOF, 1 have hereunto set my hand and..
il notarial seal.
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JON F. LAFAVE:R
317 THIRD STREET
NEW CUM8ERLANO, P....
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LAW OP'P'U:t8
JON ... LA...VIlA
It' THI"D .T"..T
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LAST WILL AND TESTAMENT
OF
EDNA W. NEWCOMER
I, EDNA W. NEWCOMER, of New Cumberland, Cumberland County,
PennsylvAniA, being of aound mind, memory and underRtnndinp" r10 hf!T.,hy frillY",
publillb llnd dllclllru thia aR llud for my LuRt Will rmu '.!:UlltUlllullt lIu..uuy l'Llvoldllll
and making void 8ny nnd all other willa by mil nt nllY timll horlltororo ",Ildo.
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I dirllct thlLt my Cooxccutorfl hll..rd.lI"rcur "'.III..d f1h'l J I I'Cly "I J
my just debts and funeral expensee es soon as conveniently mey be done after my ,
.J<: decease.
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II.
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I hereby give and bequeath the sum of three thousand three
hundred thirty-three and 33/100 ($3,333.33) dollars unto my eon, G. ROBERT
NEWCOMER.
III.
I hereby give and bequeath the sum of three thousand three
hundred thirty-three and 33/100 ($3,333.33) dollars unto my daugnter, HELEN L.
GARMAN.
IV.
I hereby give and bequeath the sum of three thousand three
""ndrt1d thLI't:)'-thretl and :13/100 ($3,333.33) dollars unto my daughter, NANOY A.
NEWCOMER.
V.
I hereby give and bequeath the sum of five hundred ($500.00)
dollars unto ST. PAUL'S LI1rHERAN CHURCH, New Cumberland, Pennsylvania, in
\\\1\\1\\' "r Vi\Y \lht,II""\lh
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I hereby give and bequeath fifty shares of my Wellington Fund
unto each of tha following personsl my r1allllhter, NMiWI t.,i~IliWPIII'IIli~. ,"Y 11";,,..1
Page one of three Pages
EXHIBIT "A"
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LAW O,.,.ICC.
JON .... LA....AVEA
." THIRD .TIlCtT
lItW CUM.IIlILAIID. ,....
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daughter, DEBORAH NEWCOMER, my granddaughter, DENISE GROVER, my grandson, BARRY
LIEBERT, my granddaughter, SUSAN LIEBERT, my granddaughter, RONDA GARMAN, my \
granddaughter, KRISTEN GARMAN, my granddaughter, KARREN GARMAN, my granddaughter,
DONNA GA.RMI\N, and my granddaughter, DARLENE GARMAN.
VII.
I hereby give and bequeath all my shares of stock in the
National Central Bank unto the Lutheran Church Women's Organization at St.
paul'e Lutheran Church, NOW CwnborJ.nnc1, 1.""nll/lylV/lllin.
VIII.
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I hereby give and bequeath unto my daughter, NANCY A. NEW-
COMER, my large platter with brown design and the stand on which it rests, my
chest of Rogers silverware, including all pieces of silverware in said chest,
my 110 piece eet of china and the fur neckpiece which she bought for me.
IX.
I hereby give and bequeath my fur stole unto my daughter-in-
law, WAHNETA NEWCOMER.
X.
I direct that my house at 337 Sixteenth Street, New Cumber-
land, Pennsylvania, be sold by my Coexecutors, but that they give first
option to purchase the same to my daughter, NANCY A. NEWCOMER, at an appraised
value to be determined by a disinterested real estate appraiser.
XI.'
All 1'11.. t..~I'1 !...~ Itlu.. ,11111 tl'mHlml..t ..f. my "'~tHtl'1 1I1,..thl'r
real, personal or mixed, and whereeoever situate, I herehy gl.ve, dllvl.lIe ancl
bequeath as follows:
A. One-fourth (1/4) unto my daughter, ESTHER B. LIEBERT.
II. One-fourth (1/4) un.to my Ron, G. ROnERT Nl'MCOW',R.
1\ tl. ''''11'''''''"'''''' (,III, ) till I II lilY 1111111'.""1", 1111/1/1'1 /I. I/lMI;III1I~I( .
D. Ono-fourth (1/4) unto lilY d IIl1f.1h tor , llllWN L. GARMAN.
page two of three pages
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LAW 01",.11:..8
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XII.
I hereby nominate, constitute and appoint my daughter, NANCY A.
NEWCOMER, and my son, G. ROBERT NEWCOMER, as Coexecutors of this, my Last Will
and Testament. If either of the said Coexecutors should predecease me, or
otherwise fails to qualify or ceases to act as such, then the remaining one
shall serve alone.
XIII.
No fiduciary acting under this Will shall be required to post
bond in this jurisdiction or in any jurisdiction in which he may act.
IN WITNESS WHEREOF, I, Edna W. Newcomer, the Testatrix, have
unto this, my Last Will and Testament, set my h~nd and seal this ,~"l::!:.day of
July, A. D., 1976.
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SIGNED, SEALED, PUBLISHED and DECLARED by Edna W. Newcomer,
the above-named Testatr~, as and for her Last Will and Testament in the
presence of us, who have hereunto subscribed our names as witnesses at her
request, in the presence of the said Testatrix and of each other.
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'page three of three Pages
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LAW OI""I""ICE:S
JON F. LAFAVER
317 THIRD STRE:ET
NEW CUM8ERLANO.PA.
II
. ,
IN THE MATTER OF THE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
ORPHANS' COURT DIVISION
ESTATE OF EDNA W.
NEWCOMER, DECEASED
21-78-80
ORDER OF COURT
AND NOW _f\ ilL',,\ ~'1
1978, upon consideration
of the within Petition and upon motion of Jon F. LaFaver,
Esquire, leave is granted for G. Robert Newcomer, one of the
Coexecutors of the Estate.of Edna W. Newcomer to execute and
deliver a deed on behalf of the Estate of Edna W. Newcomer to
Nancy A. Newcomer in her individual capacity in accordance with
the terms of the Will of Edna W. Newcomer.
BY THE COURT,
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TELEPHONE ,737-0415
~~'"
. McGRAW\'
AF>F>RAISALS . F>ROF>ERTY CONSULTANTS
P. O. Sox 7. LEMOYNE. PENNA. 17043
3RD AND MARKET STREET. LEMOYNE. PENNA.
February 16, 1978
Mr. Jon LaFaver
Attorney at Law
317 Third Street
New Cumberland, Penna. 17070
,
Re: Edna W. Newcomer Estate
337 16th Street
New Cumberland, Penna.
Dear Mr. LaFaver:
In compliance with your request we have made a series of
studies of the above property to estimate its Market Value.
The Newcomer froperty is located in the Borough of New Cumb-
erland between Bridge and Anna Streets. Situated on the north side
of 16th Street, the interior, rectangularly shaped parcel measures
150 feet frontage by 196 feet in depth. Topography is relatively
level to grade; landscaping exhibits an abundance of mature shrubs.
Sidewalks and curbing are installed along 16th Street; rear
access is via a 20 foot wide unnamed alley.
Zoning of the site is R-l permitting residential useage.
Highest and best use is deemed its present use.
Improvements consist of a 2~ story brick residence with
asphalt shingle roof, aluminum storm and screen units, and galvan-
ized doWnspouts and gutters. In addition, there is an attached
l-car garage and a detached 2-car brick garage.
Main level features foyer; living room with fireplace; for-
mal dining room; 2-piece powder room; semi-modern kitchen; and sew-
ing room.
Upper level contains three bedrooms (with master bedroom
lacking a closet), full main bath and 3/4 master bath.
EXHIBIT "B"
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
SOCIETY OF REAL ESTATE APPRAISERS
mEmBER
NATIONAL ASSOCIATION OF REAL ESTATE BOARDS
AMERICAN RIGHT OF WAY ASSOCIATION
. .
~~INC
McGRAW\ .
APPRAISALS . PROPERTY CONSULTANTS
TELEPHONE 737-0415
. .
Atty. Jon LaFaver
Re: Newcomer Est.
337 16th St.
New Cumberland, Pa.
2/16/78
P. O. Box 7. LEMOVNE. PENNA. 17043
3RO AND MARKET STREET. LEMOYNE, PENNA.
-2-
Attic access is via a full stairway and exhibits a fourth
bedroom and unfinished storage area.
Basement is full with concrete block (parged) walls and con-
crete floor which provides storage, utility and laundry area. A
2-piece powder room is accessible. Heat is provided by a gas fired
warm air unit. Hot water is supplied by a gas fired hot water heater.
An outside exit is available. Dampness was noted in the basement
with the occupant stating that some water seepage occurs.
Finish includes plaster walls and hardwood,
and linoleum floor surfacing. General condition is
decoration, repairs and some modernization needed.
condition should also be corrected.
pine, asphalt tile
average with re-
Basement water
The Market Approach was
mate for the subject property.
following:
utilized in arr~v~ng at a value esti-
Among the sales reviewed were the
1. 2926 Lincoln Street, Camp Hill sold in August of
1977 for $56,000. This is a considerably smaller
2-story on an inferior site.
2. 517 Haldeman Avenue, New Cumberland sold in Septem-
ber of 1977 for $62,000. This is in superior con-
dition to the subject and contains 11 rooms (4 bed-
rooms, 2~ baths). The subject site and garage fa-
cilities are far superior.
3. 300 North 24th Street, Camp Hill sold in September
of 1977 for $65,000. This is an older 2-story
dwelling with 9 rooms (4 bedrooms, 2~ baths). It
is inferior as to size and site; superior as to
condition.
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
SOCIETY OF REAL ESTATE APPRAISERS
mEmBER
NATIONAL ASSOCIATION OF REAL ESTATE BOARDS
AMERICAN RIGHT OF WAY ASSOCIATION
------
~-~,~
McGRAW\ .
APPRAISALS . PROPERTY CONSULTANTS
TEL.EPHONE 737-0415
P. O. Box 7, LEMOYNE. PENNA. 17043
3RO AND MARKET STREET, LEMOYNE, PENNA.
Atty. Jon LaFaver
Re: Newcomer Est.
337 16th St.
New Cumberland, Pa.
2/16/78
-3-
Based on the foregoing and other sales studied, with adjust-
ments for time, location, physical and other differences, the value
indicated as of February 8, 1978 is in the range of
Sixty-Five Thousand Dollars - - - - - - - - - ($65,000.)
.
L 'J
. de j/I, r (I . C'i t.,.(,IM V
Georg C. Clauser
Staff Appraiser
(; 1y s~bmitted,
y ()U /!;L--/
CGtfL, MAI-SREA
GCC/ j f
.
AMERICAN INSTITUTE OF REAL. ESTATE APPRAISERS
SOCIETY OF REAL ESTATE APPRAISERS
mEmBER
NATIONAL ASSOCIATION OF REAL ESTATE BOARDS
AMERICAN RIGHT OF WAY ASSOCIATION
JOSEPH McGRAW
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Estate
of
EDNA W. NEWCOMER
337 16th Street
New Cumberland, Penna.
.
. tlppr~;sals' Property Conru/lanls .
THIRD and MARKET STREETS, LEMOYNE, PA.