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LAW OFFICES
WILLIAM F. MARTSON. P.C.
IN RE: ESTATE OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVMqIA
ORPHANS' COURT DIVISION
NO. 407 ORPHANS' 1978
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
AND NOW, this
FINAL ORDER
//1-ay of ~~,,:l.; 1978, upon
consideration of the annexed Petition, Farmers Trust Company,
guardian of the Estate of Sara Stone Miller, incompetent, is
hereby authorized to sell by public auction the premises known
as 788 West South Street, Carlisle, Cumberland County,
Pennsylvania, pursuant to the terms attached to said Petition
and the guardian is authorized to pay Dean Shull, the auctioneer,
his expenses and a reasonable commission. Due notice of the
proposed public sale of said real property shall be given
pursuant to Local Rule 51.2 of the Orphans' Court of Cumberland
County. A return report on the sale shall be filed with this
Court for approval and confirmation in due course after comple-
tion of the sale.
BY THE COURT,
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(J f) J .
BOOK 105 f.~';t 10t
LAW OFFICES
WILLIAM F. MARTSON. P.C.
IN RE: ESTATE OF
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 407 ORPHANS' 1978
PETITION UNDER SECTION 5521(23) OF PROBATE,
ESTATES AND FIDUCIARIES CODE FOR PERMISSION TO SELL
M~ INCOMPETENT'S REAL ESTATE AT PUBLIC SALE
TO THE HONORABLE JUDGES OF SAID COURT:
Your Petitioner, FARMERS TRUST COMPANY, by its attorneys,
WILLIAM F. MARTS ON , P.C., respectfully represents that:
1.
This Petition for Court Approval of a public sale of real
estate owned by Sara Stone Miller, incompetent, is filed so
that sale of the real estate can be effected to raise monies
for the care and maintenance of the incompetent who now resides
at Forest Park Nursing Home, Carlisle, Pa. The property in
question is located at 788 West South Street, Carlisle,
Cumberland County, Pa., as more fully described in deed
recorded in Cumberland County Deed Book "J", Volume 19, Page 599,
a copy of which is attached as Exhibit "A". The property is
not subject to a mortgage.
2.
Sara Stone Miller was declared an incompetent and Farmers
Trust Company appointed guardian of her estate by decree of
this Court dated August 18, 1978, a copy of which is attached
as Exhibit "B".
3.
The names of the incompetent's next of kin and their
addresses are as follows:
(a) Jake W. Stone, Box 483, Amherst, VA, 24521;
(b) B. F. Stone, Elizabethtown, NC, 28337;
(c) Ruth Stone, 61 Maxwell Road, Chapel Hill, NC, 27514;
(d) Steven J. Stone, Route 1, Orrum, NC, 28369;
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BDQ~: :105 PAr:E 98
LAW OFFICES
WILLIAM Fo MARTS ON. PoCo
(e) Bernice S. Porter, 3808 Craven Circle, Norfolk, VA, 2351
(f) Randolph C. Stone, 532 Avenue M.S.E., Winter Haven,
FL, 33880.
A proposed notice to said persons of the filing of this Petition
and the time and place of the proposed sale is attached as
Exhibit "C".
4.
The incompetent is the sole owner of said real estate in
question and no other person has any interest in the property.
There are no liens and charges to which it is subject.
5.
The improvements on the property consist of a two-story
brick and frame dwelling house with an enclosed side porch
and rear porch. The first floor contains a living room, a
dining room and a kitchen and the second floor contains four
bedrooms and a bath. The property is assessed at $9,700.00
and is presently not occupied.
6.
Petitioner has listed the premises for public sale with
Dean Shull, auctioneer, subject to the approval by this Court
of said public sale. The proposed terms of said public sale
are attached as Exhibit "D". The proposed time and place for
the sale is Friday, October 6, 1978, at 1:00 p.m. at the
premises.
7.
Petitioner believes that a sale by public auction would
produce a better price for said premises than would be produced
for the estate by private sale and that a sale of the premises
would be in the best interests of the incompetent.
WHEREFORE, Petitioner respectfully requests entry of an
Order approving said public sale under the provisions of
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BOOK 10S fM;E 99
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Section 5521(23) of the Probate, Estates and Fiduciaries Code
and authorizing payment of the auctioneer's expenses and a
reasonable commission.
By
ATTEST:
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
DENNIS C. CAVERLY, being duly sworn according to law,
deposes and says that he is the Senior Vice President and
Trust Officer of Farmers Trust Company, guardian of the Estate
of Sara Stone Miller; that he is authorized to make this affi-
davit; and that the facts set forth in the foregoing Petition
are true and correct to the best of
information
and belief.
Sworn to and subscribed before me
this
II.-
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day of September, 1978.
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: '! ~ ~,;. . . 'J;' : :;-< MAR.Y LEA SHENK, Notary Public
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WILL.IAM F. MARTSON. P.t; .....
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BOOK 105 f}f;E 100
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.lfade,the
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-"illetee" h llndred and fifty-nine
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WILLIAM J. RYALL and MILDRED W. RYALL, his wife~ of the
Borough of Carlisle, County of Cumberland, and State of Pennsylvania. parties
of the fir st part.
~i.neg.seHt, That in consideration of
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($24,000.00) ------------------------------___________________
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AND
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WALTER M. ~MILLER ~nq-_SARA S. MILLER. his wife, of the same place.
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parties of th&; second part; .
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in hand paill, the rCNipt :whereof is hereby acknowledged, the said grantors do
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hereby grant rl11d C(~1Il'('!J to the said grantees, their
heirs alld assigns,
~1l that certain tract or piece of ground lying and being in the Third Ward of
the Borough of Carlisle. Cumberland County, Pennsylvania, more fully
bounded and described as follows:
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BEGINNING at the Southeast corner of Belvedere Street and West South Stree~;~
thence South along Belvedere Street 180 feet to an Alley; thence
East along the Northern line of said Alley 75 feet to a point; thence North on
a line' parallelling Belvedere Street 180 feet to the Southern line of West Sputh
Street; thence West along the Southern line of West South Street 75 feet to the
place of Beginning.
BEING the .~ame premises which Mildred A. Ryall. formerly Mildred A. Wagoner. j
and William J Ryall, her husband. by deed dated June 6, 1953. and re-
~orded in th:c Recorder's' Office at Carlisle'pa.. in Deed Book "I". Vol. 15, Page
396, granted and conveyed to William J. Ryall and Mildred W. Ryall, his wife,
Grantors herein; and also the same premises which Rkha.rd H.Wagoner and
Charlotte S. Wag,?ner, his wife, by deed dated May 28, 1953, and recorded in
the Recorder's Office at Carlisle, Pa., in Deed Book "I", Vol. IS, Page 395, ,
granted and conveyed to William J. Ryall anq Mildred W. Ryall, his wife,
Grantors herein.
~ land hereby conveyed is subject to the following building restrictions:
No building or structure of any kind may be erected thereon within 50 feet
from the building line of West South Street or within 12 feet from the building
line of Belvedere Street.
No structure to be used as a dwelling house or for residential purposes
may be erected on the Alley at the rear of the lot.
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William J, Ryall and Mildred W. Ryall.
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I IN RE: ESTATE OF
I SARA STONE MD...L"€R..
Ii AN ALLEGED INCOMPiTI:NT
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IN THE COURT OF COMMON PLEAS OF
CUMBERV\HD COUNTY, PENNSYLVJ..NIA
ORPHANS' COURT DIVISION
:. NO. 407 ORPHANS' 1978
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APPQJ1~TMENT OF G~~RDIAN
estate.
l"W (1rnc[S
Y,ILLIA;'! F. MARTSOrl. P. c.
By the Court
s/j)a& ./. ~
P.J.
G~ ki l?/t "
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IN RE: ESTATE OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 407 ORPHANS' 1978
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
NOTICE
To the heirs, creditors and all other persons interested
in said estate:
NOTICE IS HEREBY GIVEN that FARMERS TRUST CO}WANY,
Guardian of the above-entitled estate, has filed its petition
praying for approval to sell at public sale the real estate
of the said incompetent known as premises No. 788 West South
Street, Carlisle, Cumberland County, Pennsylvania; that by
Order of the Court of Cornmon Pleas, Orphans' Court Division,
of Cumberland County dated
, 1978, the said
FARMERS TRUST COMPANY, as Guardian, was authorized to expose
the said premises to public sale; that said premises will be
sold at a public sale to be conducted by Dean Shull, auctioneer,
at the said premises on Friday, October 6, 1978, at 1:00 p.m.
The said public sale is intended to raise monies for the care
and maintenance of the incompetent, and if no exceptions be
filed to said Order of Court, or objections be made to said
sale, a return report of such sale will be made and the Court
will be asked to confirm said sale after the consummation of
such sale.
WILLIAM F. MARTSON, P.C.
Attorney for Petitioner
LAW OFFICES
"'LUAM F. MARTSON. P.C.
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Exhibit ..l..f.......
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LAW OF'JCE6
WILUAM F. MART50N. P.C.
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TERMS OF SALE
The Estate of Sara Stone Miller, incompetent, offers at
public sale the real estate described on Schedule "A" on the
terms and conditions hereinafter set forth:
1. Ten per cent (10%) of the price at which the same is
sold shall be paid immediately following the sale and the
balance of said purchase price shall be paid on the date of
settlement. The entire purchase price shall be paid in cash
at the times provided or a check acceptable to the Estate of
Sara Stone Miller.
2. Final settlement of the transaction shall be made at
the office of WILLIAM F. MARTSON, P.C., 10 East High Street,
Carlisle, Pennsylvania, no later than thirty (30) days from
the date of sale, at which time of settlement a deed will be
tendered to the purchaser containing a special warranty clause.
conveying a good and marketable title in fee simple, free and
clear of all liens and encumbrances, except easements or
building and use restrictions, visible on the ground or of
prior record.
3. All real estate taxes for the current year shall be
prorated between the parties to the date of final settlement.
4. Pennsylvania realty transfer tax and local transfer
tax shall be paid one-half by the seller and one-half by the
purchaser.
5. The seller assumes the risk of loss by fire or other
casualty until transfer of title and agrees that the property
shall remain in substantially its present condition until the
date of settlement, reasonable wear and tear excepted.
6. Should the purchaser fail to make settlement as
provided herein, the amount paid down as hand money may be
retained by seller as liquidated damages.
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tYhibit" J) a
LAW OFFICES
N'LUAM F. MART50N. P.C.
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7. Seller assumes no obligation for any survey of the
premises and in the event a survey is required, the same shall
be done at the sole expense of the purchaser.
8. Time shall be of the essence of this agreement.
9. Seller reserves the right to reject any or all bids.
EXECUTED this
1978.
day of
FARMERS TRUST COMPANY
Attest:
By
Dennis C. Caverly
Senior Vice President and
Trust Officer
Guardian of the Estate of
Sara Stone Miller, Incompetent
AND NOW,
, 1978, the undersigned do(es)
hereby acknowledge to have become the purchaser(s) of the
aforesaid premises and agree(s) to be bound by the terms
thereof. The purchase price for the same is
Dollars ($
) ,
ten percent (10%) of which is paid down this date.
, 1978, receipt is acknowledged of ten
percent (10%) of the purchase price above set forth.
Title to be in the name of:
Attorney for Purchaser:
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