HomeMy WebLinkAbout09-26-06
ESTATE OF ANITAR. WENRICK,
deceased
IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
PA FILE NO. 21-06-0302
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PETITION UNDER SECTION 3356
OF PROBATE, ESTATES, AND FIDUCIARIES CODE
FOR ORDER OF COURT APPROVING THE PURCHASE
OF REAL PROPERTY BY A PERSONAL REPRESENTATIVE
TO THE HONORABLE JUDGES OF SAID COURT:
Dennis E. Wenrick and Lenita D. Wenrick, Co-Executors of the Estate of Anita
R. Wenrick, deceased, respectfully represent that:
1. Petitioner is Lenita D. Wenrick, an adult individual residing at P. O. Box
93, Newburg, Cumberland County, Pennsylvania.
2. Anita R. Wenrick, decedent, died on March 2, 2006, a resident of the
Borough of Shippensburg, Cumberland County, Pennsylvania.
3. Anita R. Wenrick died testate. Letters Testamentary were granted by
Your Honorable Court to your Petitioners on April 5, 2006.
4. Included among the assets ofthe decedent's probate estate is decedent's
real estate known as 328 East Orange Street, Borough of Shipp ens burg,
Cumberland County, Pennsylvania, and more fully described in
Cumberland County Deed Book Volume 28N, at Page 457, a copy of
which is attached hereto and marked Exhibit "A."
5. Petitioner estimates the value of the probate estate, exclusive of the
above-described real estate, to be $54,046.00.
6. There are more than sufficient assets in the estate to pay all debts of the
decedent, including funeral expenses.
7. Your Petitioner is one of the two residuary beneficiaries under the Last
Will and Testament ofthe decedent, the other being the decedent's son,
Dennis E. Wenrick.
8. Your Petitioner desires to purchase decedent's real estate described
above from the estate for the sum of $68,000.00, thereby necessitating
court approval.
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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9. The decedent's real estate has been appraised by Ziobrowski Appraisals
at a fair market value of$87,000.00 and by Wolfe & Shearer Realtors at
a fair market value of $68,000.00. Copies of said appraisals are attached
hereto, made a part hereof, and marked Exhibits "B" and "C."
1 O. Your Petitioner and the said Dennis E. Wenrick have entered into an
Agreement of Sale for the sale of the above-described real estate to the
Petitioner for the above-stated purchase price of$68,000.00. A copy of
said Agreement of Sale is attached hereto, made a part hereof, and
marked Exhibit "D."
11. There is no person or entity to object to the prayer ofthis petition.
12. This transaction is exempt from payment of Pennsylvania Real Estate
Transfer Tax.
13. Your Petitioner has valued the real estate in question at $68,000.00 for
Pennsylvania Inheritance Tax purposes.
14. Pennsylvania Probate, Estates, and Fiduciaries Code 20 Pa. C.S.A.
Section 3356 provides that the Personal Representative may purchase
real property belonging to the estate, subject, however, to the approval of
the Court, and under such terms and conditions and after such reasonable
notice to parties in interest as it shall direct.
15. The said Dennis E. Wenrick, beneficiary under the Last Will land
Testament of Anita R. Wenrick, deceased, joins in the prayer of this
petition. His joinder is attached hereto, made a part hereof, and marked
Exhibit "E."
WHEREFORE, Petitioner requests this Court to enter an Order approving the
sale of decedent's real estate to Lenita D. Wenrick, for the sum of $68,000.00, and
directing the co-executors Dennis E. Wenrick and Lenita D. Wenrick to execute a deed
to Lenita D. Wenrick.
WEIGLE & ASSOCIATES, P.C.
WEIGLE & ASSOCIATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
.
I verify that the statements made in the foregoing Petition are true and correct,
upon personal knowledge in part and upon personal information and belief as to the
remainder. I understand that false statements herein are made subject to the penalties of
18 P A. C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date:
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enita D. Wenrick, Co-Executor
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397