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HomeMy WebLinkAbout01-31-06 ,-" n \ ..;', . ~ 1 ..j (" \ lr\: 36 r., I I'" C' . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ('."."'~.r. INiRE: Estate of Frank E. Yinger : ORPHANS COURT DIVISION : NO. 2005-00879 PETITION FOR EXECUTOR TO PURCHASE REAL PROPERTY FROM ESTATE AND NOW, comes the petitioner, THOMAS 1. O'CONNELL, Executor, and files this Petition to Purchase Real Property from the Estate, and in support thereof respectfully represents: 1. On October 3, 2005, petitioner was granted Letters Testamentary to act as the sole Executor in the above captioned estate. 2. The estate is the owner of one-half (1/2) undivided interest in certain real property located at 22 Hill Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, which it holds as a tenant in common with petitioner who owns the other one-half (112) undivided interest. 3. Petitioner, who is also a friend of the deceased and a named beneficiary in the decedent's Last Will and Testament, desires, as a portion of his inheritance, to receive the estate's one-half (1/2) undivided interest in the above real estate. 4. Pursuant to 20 Pa.C.S.A. S 3356 petitioner is required to obtain court approval to have a deed executed which in effect would transfer title of real 'property from the Estate to the Personal Representative. 5. Petitioner, by deed dated August 29, 1973, holds title to the real estate in question with the Estate as tenants in common. 6. Attached hereto as Exhibit "A" is the deed which petitioner seeks to have signed by the Resister of Wills pursuant to 20 Pa.C.S.A. S 3356. RK. WHEREFORE, petitioner prays this Honorable Court will sign the attached Order authorizing the Resister of Wills, or her designee, to execute the deed. Respectfully submitted, ~ \ /l~ V D. Grigsby, ES~ # 61212 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-6537 VERIFICA TION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made suqject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. "'" Date: / - ~ t - .;A IJ (/G, 3ji~ 9/-C~ __ Tax Parcel No. THIS DEED, MADE THIS six (2006) day of , in the year of our Lord two thousand and BETWEEN GLENDA FARNER STRASBAUGH, Register of Wills and Clerk of the Orphans Court, by virtue of Order of Court dated Grantor, and THOMAS J. O'CONNELL, single man, Grantee: WHEREAS, FRANK E. YINGER died seised of his undivided one-half interest on August 12, 2005; and WHEREAS, the court, by Order dated authorized the transfer of the Estate of Frank Yinger's interest in this real property to Thomas J. O'Connell by deed pursuant to 20 Pa.C.S.A. ~ 3356; and WHEREAS, Thomas J. O'Connell was the sole beneficiary named in the Last Will and Testament of Frank E. Yinger, WITNESSETH, that in consideration of ONE DOLLAR ($1.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee, his heirs or assigns, ALL THAT CERTAIN parcel or tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey made by John C. Brilhart, Registered Surveyor, on May 2, 1963, as follows, to wit: BEGINNING at a nail in the Old Churchtown Road (Township Road No. T-543), corner of land formerly of Jonathan Heagy, now or formerly of Mrs. Mary Weaver; thence along said land now or formerly of Mrs. Mary Weaver, South 81 degrees 09 minutes West, a distance of 213 feet to a corner stone wall; thence along land formerly of J. Simmons, now or formerly of George Simmons, South 01 degree 10 minutes West, a distance of 84.10 feet to a concrete pier or monument; thence along lands now or formerly of H.A. Swartz, North 80 degrees 13 minutes East, a distance of 260 feet (passing through a concrete pier or monument on the fence line of the Old Churchtown Road) to an iron pin in said Old Churchtown Road; thence along the Old Churchtown Road by land formerly of Aaron Weaver, now or formerly of Frank Rhoads, North 31 degrees 13 minutes West, a distance of 85 feet to a nail in said Township Road T-543, the point and place of BEGINNING. HAVING erected thereon a one and one-half story frame bungalow. BEING the same premises which Richard Hartman Basehore and Pamela H. Basehore, his wife, by deed dated August 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 519, granted and conveyed unto Frank E. Yinger and Thomas J. O'Connell. AND the said grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of ) ) GLENDA FARNER STRASBAUGH. ) Register ofWilIs ) ) ) ) Commonwealth of Pennsylvania ) County of Cumberland ss. ) On this, the day of , 2006, before me, the undersigned officer, personally appeared GLENDA FARMER STRASBAUGH, Register of Wills, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I do hereby certify that the precise residence and complete post office address of the within named grantees is ,2006 Attorney for COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ss. ) RECORDED on this day of the Recorder's Office of the said County, Deed Book , A.D. 20_, in Vol. , Page Given under my hand and the seal of the said office, the date above written. , Recorder.