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HomeMy WebLinkAbout11-27-06 Flr-n~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND C UNTY NO. 21-06-813 ORPHANS' COURT ESTATE OF RUTH V. SPATZER - ----T----- ----------- PETITION BY GUARDIAN OF INCAPACITATED PERSON'S ES TE FOR AUTHORIZATION TO SELL REAL PROPERTY AT PUBLIC SALE IN AC RDANCE WITH PENNSYLVANIA ORPHANS' COURT RULE 14.4 (") S;;o i?;5 ::n li'.;~-oO ~~,~ ~ I j ..",.,,, TO THE HONORABLE JUDGE OF SAID COURT: '.> -"-.: ::D ~::: (/) ~ ;]C')O C-:. C) .1 oc The Petition of The Pennsylvania Guardianship Association, Inc. represen slfh~ :u )> = = CT\ Z C) -<: N -J -0 :3: - .. en 1. Petitioner, Pennsylvania Guardianship Association ("PA Gu r'dianship Assoc.") is a guardianship agency located at 1253 Wabank Road, Lancaster, PA 17603. 2. On October 26, 2006, after a hearing, this court appointed P i Guardianship Assoc. as guardian of the estate and person of Ruth V. Spatzer, an incapacitated person. Uached herewith as Exhibit "A" is a copy of the Order of Court. 3. Ruth V. Spatzer, age 87, is domiciled in Cumberland County, Pen sylvania. 4. Ruth V. Spatzer is the current owner in fee simple of real prop rty located at 32 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 5. PA Guardianship Assoc. petitions this Court to authorize a public sale of said real property in accordance with Pennsylvania Orphans' Court Rules 12.9 and 14.4 and corres pnding Cumberland Count Local Rules. 6. The real property is owned in fee simple by Ruth V. Spatzer w 4 acquired the property by Deed recorded at Volume Number 18F, Page 235. 1 rn' 7. The real property consists of .17 acre of land on which a one sto home consisting of 934 square feet. 9. A title search determined that Ruth V. Spatzer is the owner in f $ simple of the property, which will be sold as is. 10. A sale of this real property is desirable because Mrs. Spatzer cann t return to her homed due I to her health and is in need of funds to pay her mounting medical costs. Additio ~IIY, due to Mrs. Spatzer's limited resources, she cannot afford to pay property taxes, routine maintenance, rid insurance on the home and real property. 11. If approved, the sale will be held at public auction by an auctioneer pindy Fenton. The terms of the sale include a reserve price of not less than eighty (80%) percent of the t~ be market value of the property. Any sale will also be conditioned upon prior court approval. The public auction would transfer title in fee simple with all proceeds to go to Mrs. Spatzer's estate. follows: 12. Ruth V. Spatzer has three (3) siblings whose names and addre sles are believed to be as Dayne Jack Buckhannon, WV Cathleen Poling Buckhannon, WV George F. Jack 1517 Oakwood Avenue Raleigh, NC 27610 13. Before a public sale, the PA Guardianship Assoc. will make every r$asonable to effort to give notice of the sale to these siblings. 2 III WHEREFORE, Petitioner, PA Guardianship Assoc., respectfully request ~hat this Court authorize the public sale at auction of 32 Highland Drive, Camp Hill, Cumberland County pennsylvania 17011, the I real property of Ruth V. Spatzer, an incapacitated person, by her guardian, PA Gu tdianship Assoc. JOHNSON, DUFFIE, ~EWART & WEIDNER Date: J f - ;]J-()tJ By: :2 3 ~ I. . Brian Brooks. President of PA Guarc.lart8Np As8oc.. vwfy that the ents made In the foregoIngiPelltlon are.trueand correct to the beet of my knowledge. tnformalon and..... ~I \RIer8tand that faille Bta*nents her8In are made .~ to the penalties of 18 PLC.S. 14904 reiatl to UrIIWOI'n fllslflcation to autIoiities. ......nc. Dated: 1I/~/M0 .- ! I'I' L,t: IN THE COURT OF COMMON PLEAS OF CUMBERLAND C NO. ell - Olo -~t3 ORPHANS' COURT ESTATE OF RUTH V. SPATZER ! PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ~TATES AND FIDUCIARY CODE TO ADJUDICATE RUTH V. SPATZER TO BE CAPACITATED AND TO APPOINT GUARDIANS FOR HER PERSON AND HE ., STATE I FINAL ORDER OF COURT APPOINTING A PLENARY GUA DIAN AND NOW, this J' ~ay of O~ , 2006, a hearing in this qase having been held on O~ ;." , 2006, and it appearing to the Court that Ruth V. S \ tzer was properly served with a Citation and Notice of this hearing. Based upon the testimony presente t the hearing, the Court further finds from the testimony: 1. That Ruth V. Spatzer is an incapacitated adult individual w q suffers from cognitive disabilities which impairs her capacity to receive and evaluate information eft ~ivelY and to make and communicate decisions concerning her physical health and safety. i 2. That there exists no other less restrictive alternative mechanism for ~ecision making. 3. That based on the total incapacity of Ruth V. Spatzer to receive an levaluate information and to make or communicate decisions, a plenary guardian of the person is required 0 ~ permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporti ,~ the foregoing findings it is ORDERED, ADJUDGED and DECREED that Ruth V. Spatzer be and js hereby adjudged an incapacitated person and Pennsylvania Guardianship Association is apPointedtlenary Guardian of the Person of Ruth V. Spatzer. .,-,Bond shall be required of the Plenary Guardian named herein'-":- ~~::tt / () I) ./ (JT7) . \) "A" 6'ih\lOit IIII , . .:. The Plenary Guardian is hereby authorized to make decisions on \iJth V. Spatzer's behalf concerning her medical care and treatment including the admission to nursi 9 homes, personal care facilities, hospitals and other healthcare providers, as well as to consent to and au ~orize medical treatment; and the Plenary Guardian herein appointed is further authorized to handle all the assets of her estate including the principal and interest, and to conduct her business affairs on her b Half, including the sale or transfer of any assets including the sale of her home at 32 Highland Drive, I Lower Allen Township, Cumberland County, Pennsylvania, payment of her bills and expenses, investmen bf assets and all matters related thereto. The Pennsylvania Guardianship Association is due a reasonabl ree for its services to be deducted from the income of the incapacitated person. In the event Ruth V. Sp tzer qualifies for medical assistance benefits, the Pennsylvania Guardianship Association, Inc. shall be entit ~d to a reasonable fee for its services. J.