Loading...
HomeMy WebLinkAbout12-20-78 (2) IN THE MATTER OF THE I IN THE COURT OF COMMON PLEAS OF C~BERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-538 YEAR 1978 ESTATE OF STELLA E. GREAK, DECEASED ORDER OF COU,.r AND NOW, December 119, 1978, upon consideration of the petition filed by Donald E. Matter, Executor of the Estate of Stella E. Greak, It is ordered and directed that notice of the i filing of the petition be given to all of the beneficiaries of the Estate and to all unpaid creditors to file objections thereto with the Register of Will4 within 15 days after notice is given to them by regist~red or certified mail. If objections are filed, the petidioner is directed to request a hearing. In the event no excepdions are filed upon submission of proof of notice, an order will pe entered directing the conveyance to Donald E. Matter as prayed for. and,Nancy Ii I " \ E. Matter, his wife, By the Court, Gregory M. Kerwin, Esquire For the Petitioner :cd " 1~Q5 ! t/94 II . . . . . IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION II II I, I ESTATE OF STELLA E. GREAK, DECEASED NO. YEAR ORDER AND NOW, upon consideration of the foregoing Petition the said Donald E. Matter, Executor of the Estate of Stella E. Greak shall serve notice by certified mail on all the beneficiaries of the estate of Stella E. Greak of his intent to purchase said real estate as per the terms set forth in the Petition. The notice shall direct that any beneficiary objecting to said sale shall file his objections in writing with the Register of Wills of Cumberland County, Pennsylvania, within fifteen {15} days of the date of receipt of said notice. If after receipt of said notice no objections are filed as provided herein, the Clerk of Courts is directed to execute a Deed to Donald E. Matter and Nancy E. Matter, his wife, for the real estate described in the Petition setting forth the consideration of Thirty-six Thousand Five Hundred Dollars ($36,500.00) and granting and conveying the interest of the estate in said real estate. ARRISBURG. PENNA. \ \ J. 'ATRICK E. KERWIN REGORY M. KERWIN \TTORNEYS AT LAW 3LACKSTONE SU1LOlNG J il I' 11 " Ii .1 I: \l I: II 1\ it I ".1 . ~ \ I \ ESTATE OF STELLA E. GREAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION IN THE I~TTER OF THE : DECEASED NO. ,;;lJ~78"-S3f(' ~ PETITION PURSUANT TO SECTION 3356 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR PERSONAL REPRESENTATIVE TO PURCHASE REAL ESTATE FROM THE ESTATE TO THE HONORABLE, PRESIDENT JUDGE OF SAID COURT: The Petition of DONALD E. MATTER, Executor of the Estate of Stella E. Greak, respectfully represents: 1. That the said Stella E. Greak died September 3, 1978, a resident of the Borough of Camp Hill, Cumberland County, Pennsylvania. 2. That your Petitioper, Donald E. Matter, is an adult individual and resides at 3410 Bedford Drive, Camp Hill, Cumberland COunty, pennsylvani~, and that on September 27, 1978, he was appointed by the Regist~r of Wills of Cumberland County, Pennsylvania, Executor of the ~state of Stella E. Greak, I deceased. 'ATRICK E. KERWIN REGORY M. KERWIN ~TTORNEYS AT LAW 3. That at the her death, the said Stella E. 9LACKSTONE BUILDING ARRISBURG. PENNA. Greak was the owner of a piece of real estate situate , _1.05 7g0 II j II Il !' II in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly known as 3 08 Bedford Drive, Camp Hill, Pennsylvania, having situate\thereon a one-story brick dwelling house and more fully described in Deed Book IfUIf, Volume 17, Page 342, in the Recorder of Deed's Office of Cumberland County, Pennsylvania. A copy of the legal description of said real estate is attached hereto and marked Exhibit II A". 4. That under the terms of the Codicil to the Last Will and Testament of Stella E. Greak, your petitioner, Donald E. Matter and his wife, Nancy E. Matter, are beneficiarie of a one-third (1/3) interest of the estate. A copy of said Codicil is attached hereto and marked Exhibit "B". 5. That your Petitidner, Donald E. Matter, and his wife, Nancy E. Matter, desire to purchase the said real estate owned by the Estate situate at 3408 Bedford Drive, Camp Hill, Pennsylvania, for the consideration of Thirty-six Thousand Five Hundred Dollars ($36,500.00). 6. That on or about October 23, 1978, your Petitioner obtained an appraisal for saidlreal estate which appraisal sets forth the fair market value of\said real estate at Thirty-six Thousand Five Hundred Dollars 6$36,500.00). A copy of said 'ATRICK E. KERWIN REGORY M. KERWIN lI,TTORNEYS AT LAW II BLACKSTONE BUILDING 'ARRIS8URG, PENNA. appraisal is attached hereto ~ -2- \ marked Exhibit "C". .,,~ ~.~ .~ ,r~.~: ~J91 ~I\<"-" \J 1\ I; . . \ :1 II I' II i! il Ii II I 7. That Section 3356 of the Probate, Estates and Fiduciaries Code provides th t a personal representative may purchase real estate from the Estate with the approval of the Court and under such terms and conditions and after such reasonable notice to parties ,in interest as the Court shall direct. 8. That your Petitioner believes that the sum of Thirty-six Thousand Five Hundred Dollars ($36,500.00) as set forth in said appraisal is a fair and equitable price for the purchase of said real estate. NOW, THEREFORE, your Petitioner prays your Honorable Court to enter an Order, aften such reasonable notice is given to parties in interest as the Court may direct, allowing the said Donald E. Matter, and his wife, Nancy E. Matter, to purchase the said real estate <Ilescribed herein as Exhibit "A" for the sum of Thirty-six Thou$and Five Hundred Dollars ($36,500 00) and also authorize the Clerk of Courts to execute a Deed for the same on behalf of the Estate. 'ATRICK E. KERWIN REGORY M. KERWIN ITTORNEYS AT LAW lUlCKSTONE BUILDING ARRISBURG. PENNA. -3- .~ f' :~ ,.,' r*)(ji.l. 1,..,1,,,,f ':,,:: . \.t1iJ{i, , . i COM}IDNWEALTH OF PENNSYLVM~IA COUNTY OF DAUPHIN S8: Personally appeared before me, a Notary Public, in and for said County and Commonwealth, DONALD E. MATTER, Executor of the estate of Stella E. Greak, who being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ;1./)' IO )"7,'f'~7~-h--~ c'-'Ut;;0'<- C , ~/attLL-/ DONALD E. MATTER 1,\ \\"~"lfJ /'~', $;.N~tp". to and subs cribed ,....... ... ,\:....,. . ~ p . ~.. ~'>. ./...\ ""'1 ,,' '\.,- ,'. C tI,' f'j '.' -:' -:. . r-1" ' ? .:.()~t..;~: t)~f~~>>~e thl.s j7h day - ,:.' - ~ ., .".. ,t~'\.... :"', '1:..> ' ',r"K j ) ~ i j, : "Q:ff., __: i: ;;:.1i';::.:. -01 U /~./ "ATRICK E~~~WCN ' ..... ~. :: ~ REGORY M~'~~~~~.:.~!. ~ 1/ . o,TTORNEYS A~1X."'I.1.' .~ '?;- 00 I"!.) \. ./.'. BLACKSTONE BUIU?~t;l, 'l'10T :&Y PUBLI . ARRI$BURG. PENNA., ..,:",.." ' Notary Public My Commission Expires July '27, 19~'" , 1978. , '.', .~ p:. . '.r ,~<\,.tt..,' ~ I',d~_ '"'I ') 'l 1~'1{,)J.' ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly side of Bedford Drive, two hundred twenty-five (225) feet west of the northwest corner of Bedford Drive and 34th Street, in the line of Lot No. 113 as shown on the hereinafter mentioned Plan of Lots; thence westwardly along Bedford Drive sixty-five (65) feet to a point in the line of Lot No. 114 on said Plan; thence north 5 degrees 57 minutes west, parallel with the eastern tine of Lot No. 114, one hundred five (105) feet to a point in the line of Lot No. 106 on said Plan; thence along line of said Lot No. 106, north 84 degrees 3 minutes east, sixty-five (65) feet to a point; thence south 5 degrees 57 minutes east, parallel with the eastern line of Lot No. 113, one hundred five (105) feet to Bedford Drive, the place of BEGINNING. BEING the westerly 60 feet of Lot No. 113, and the easterly 5 feet of Lot No. 114, as shown on the General Plan of Hollywood Development, which Plan is recorded in the Recorder's Office of Cumberland County in Plan Book 7, Page 27. HAVING thereon erected a dwelling house, No. 3408 Bedford Drive. BEING the same premises which Joseph J. Cignetto and Jean I. Cignetto, his wife, by their Deed dated May 29, 1957, and recorded in the Recorder of Deed's Office of Cumberland County in Deed Book II V" , Volume 17, Page 342, granted and conveyed unto Donald P. Greak and Stella E. Greak, his wife. The said Donald P. Greak having died the day of , leaving to survive him his wife, Stella E. Greak, in whom the entire title to the aforesaid premises vested by operation of law. EXHIBIT II A" .. <f , () CODICIL I, STELLA E. GREAK, of the Borough of Camp Hill, Cumberland County, wennSY1VaniC, declcre this to be the sole Codicil to my Last Will ated 21 September 1973. ITEM l. I hereby revoke Item 4 of my Last Will, in its entirety. ITEM 2. I hereby revoke Item 5 or my Last Will, in its entirety, I d in lieu thereof provide as follows: "All the rest, residue and remainder of my estate, wheresoever , ituate, together with insurance thereon, I dispose as rollows, in \ I[hree (3) equal shares: a. I give and bequeath one-third (1/3) of the residue or my ~stcte unto Doncld E. Matter and Nancy E. Matter of Bedford Drive, Camp ~ill, Cumberland County, Pennsylvania, or to the survivor. II b. I give and bequeath one-third (1/3) or the residue or my [stcte unto Alda E. Miller of Paxinos, R. D. #1, Northumberland County, \! ennsyl vania. c. I give and bequeath one-third (1/3) of the residue or my state unto Charles H. Scholvin and Hazel E. Scholvin of Hampden Avenue, f1amPden Township, Cumberland County, Pennsylvania, or to the survivor. II I ITEM 3. I hereby revoke Item 6 of my Last Will, in its entirety, lnd in lieu thereof provide as follows: I I "l nominate and appoint as executor or this, my last will and sole Codicil, the said Donald E. Matter. In the event the said Donald E. Matter fails to qualify or ceases to act as my executor, I appoint Nancy 'E. Matter, executrix of this my Last Will." IN WITN1::S'S WHEREOF, ~/(''- .~ {}f~ . I have hereunto set my hand and seal this liP day of , 1976. 'Sj;.~,~ f^- -€;' Y1J-u:-~:..-k. STELLA E. 'GREAK EXHIBIT "B" I ',\ "'':\,;1/,'"\,,, \;' ~ ':' (, 1""1" . '. ,I ' 'I "l'O> I , I' I' " ~t,' ',.",.,. '" "".-.,.~ ~ ., l Signed, published and declared on the date hereof by the above named STELLA E. GREAK as and for the sole Codicil of her Last Will, dated 21 September 1973, in the presence of us, who, at her request, in her presence, and in the presence I names as witn~:: hereto. I ~ ~~7 \ / c - 7/ I ~(7. I!'IM:~I!( /, "? u' :'," address: ......!.> c'J(" l fJJia h (J~ / <; , @-rJuv./O' (-1-;:11,> (kj. I 7 (, { I of each other, have subscribed our (",I (/ (/ ) <',_ A {" (' f' ,A. cddres s : '\. . j) f" ( ~.-<'~'h-" \ I ! II I I: ii \ \ \ " ~. \,,'1: ,.~ "', . \. "'1,1' , , , ' I ,I; I 'I . I, ~',' , '~"t I;' ',~,p', . ) 'I\t'~/,,+'\' '. l' . \ ~' , . )' " I \ 'I ,/ ':' l " ."~' , , . ,~. ~- 1 \ . j:..l"..........: "'''....~.f r ',- ',or, .....-_~-. . '. , , K.JESSE ASSOCIATES Real Estate. Appraiser. Counsellor (717) 761-6666 LTD. 1205 Market Street . Lemoyne, Pennsylvania 17043 October 23, 1978 Gregory M. Kerwin, Esquire 701 Blackstone Building 112 Market Street Harrisburg, Penna. IN RE: Stella E Greak Estate 3408 Bedford Drive Camp Hi n, Penna. Dear Mr. Kerwin: Pursuant to your request, I have appraised the above captioned property. This appraisal was made to estimate the mar~t value of this property. Market value is defined as: "At a given time, the highest price in terms of money which a buyer would be warranted in paying and a seller justified in accepting, provided both parties are fully informed, acted intelligently and voluntarily, and further, that all rights and benefi ts inherit in or attributed to the property were included in the transfer." This property, in my opinion, had an estimated market value as of September 3, 1978, of: Thirty Six Thousand Five Hundred ($36,500) Dollars Employment in and compensation for making this appraisal are in no manner contingent upon the value reported, and I certify that I have no financial interest in the property appraised, present Or contemplated, Or in any mortgage secured thereby. 1{jk' K. Jesse Reitenbach, SRA, ASA, SR/WA, CRA EXHIBIT "e"