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ELIZABETH MANLEY (10/08/82)

filed: October 8, 1982.

IN RE ELIZABETH MANLEY, AN INCOMPETENT. APPEAL OF GEORGE RUGGIERI, INTERVENOR


NO. 2924 PHILADELPHIA, 1980, Appeal from the Order of the Orphans' Court of Chester County, at No. 1048 of 1979.

COUNSEL

Thomas P. Mohr, West Chester, for appellant.

William Scott, Coatesville, for appellee.

Beck, Watkins and Hoffman, JJ.

Author: Per Curiam

[ 305 Pa. Super. Page 334]

This appeal arises from an Action for Order of Court brought by the guardian of Elizabeth Ann Manley, an incompetent, pursuant to Sections 5521(23) and 5155(1) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. ยงยง 5521(23), 5155(1).*fn1 In that action, the guardian seeks court permission to sell real estate belonging to the incompetent's Estate. Appellant is George Ruggieri, an intervenor and prospective purchaser of the real estate. He appeals from the Orphans' Court order of November 13, 1980 issued in response to Petition to Intervene filed by appellee Leonard Giunta, another prospective purchaser of the same property.

The order of November 13, 1980 states in pertinent part: ". . . we grant the Petition to Intervene to the extent necessary to permit Leonard Giunta, George Ruggieri, and any other interested party to present bids, and we direct that counsel propose an acceptable procedure for receiving and evaluating bids . . ."*fn2 Because we conclude that this order is not a final order, we quash the appeal.*fn3

[ 305 Pa. Super. Page 335]

The relevant facts are the following. On July 7, 1977, Elizabeth Ann Manley entered into a written agreement with appellant Ruggieri wherein she granted him a "right of first refusal" if and when she might decide to sell her real estate at 520 Maple Avenue, West Goshen Township, PA. In January 1980, the Orphans' Court declared Ms. Manley incompetent and named her niece Christine Campbell as her guardian. The Estate subsequently entered into negotiations with appellant Ruggieri for sale of the real estate to him. Before the results of these negotiations were formalized in a written contract of sale, appellee Giunta, through counsel, contacted the Estate and expressed an interest in purchasing the property. Giunta's counsel was told that he need not submit an offer, because agreement had already been reached for the sale of the real estate to appellant Ruggieri.

On June 12, 1980, the guardian executed an Agreement of Sale for the real estate with appellant Ruggieri for the price of $73,000.00.*fn4

On July 29, 1980, the guardian petitioned the Orphans' Court for an Order of Court to allow the sale of the real estate to appellant Ruggieri. On August 7, 1980, before any hearing on this petition had been held, appellee Giunta filed a Petition to Intervene, alleging inter alia that he was willing to offer $80,000.00 for the real estate, and that his earlier offers to purchase the property had not been considered by the Estate. After a hearing, the Orphans' Court issued the November 13, 1980 order that is the subject of this appeal.

We note at the outset that the Orphans' Court did not by its order permit appellee to ...


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