HomeMy WebLinkAbout11-08-78
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
DECREE
OF CONFIRMATION OF PUBLIC SALE
1lhday of /l~ . 1978, the sale
AND NOW, this
mentioned in the annexed return is confirmed, and FARMERS TRUST
CO~?ANY, the guardian of the Estate of Sara Stone Miller,
incompetent, is authorized, upon receipt of the purchase money
in the sum of $64,600.00, to execute and deliver to Fred W.
Wardecker and Linda A. Wardecker, his wife, their heirs and
assigns, a deed in fee simple to:
ALL that certain tract or piece of ground with the
improvements thereon erected situate in the Third
Ward of the Borough of Carlisle, Cumberland County,
Pennsylvania, more fully bounded and described as
follows:
BEGINNING at the southeast corner of Belvedere
Street and West South Street; thence south along
Belvedere Street and West South Street; 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 parallel-
ling Belvedere Street 180 feet to the southern line
of West South Street; thence west along the southern
line of West South Street 75 feet to the place of
BEGINNING.
HAVING thereon erected a brick dwelling being known
and numbered at 788 West South Street, Carlisle,
Pennsylvania.
UNDER AND SUBJECT to the following building restric-
tions:
1. 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.
2. 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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LAW OFFICES
WILLIAM F. MARTSON. P.C.
The purchase money so received by the said FARMERS TRUST
COMPANY shall be accounted for by it in the settlement of its
account as Guardian.
BY THE COURT,
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LAW OFFICES
WILLIAM F. MARTS ON. P.C.
I'
IN RE: ESTATE OF
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CillffiERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 407 ORPHANS' 1978
RETURN OF PUBLIC SALE OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
'I FARMERS TRUST COMPANY, guardian of the Estate of Sara Stone
I Miller, Incompetent, herewith reports to the Court as follows:
II
II 1. That by Order dated September 11, 1978, your Honorable
II Court directed the said FARMERS TRUST COMPANY to expose to
Ii public sale the premises known as 788 West South Street,
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\ Carlisle, Cumberland County, Pennsylvania, under the provisions
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of Section 5521(23) of the Probate, Estates and Fiduciaries
Code;
2. That pursuant to said Order, your Petitioner, after
I public notice by advertisement as required by the Act of
Assembly and Local Rule 51.2 of the Orphans' Court of Cumberland
County, did expose the said real estate to public sale at the
hands of Dean Shull on Friday, October 6, 1978, at 1:00 p.m.
at the said premises;
3. That at said sale your Petitioner sold the said real
estate to Fred W. War decker and Linda A. Wardecker, his wife,
for the price or sum of $64,600.00, they being the highest
bidder of three known bidders, and that being the highest and
best price bid for said real estate at said sale;
4. That the proofs of advertisement of notice of said
sale in compliance with the Act of Assembly and Local Rule 51.2
of the Orphans' Court of Cumberland County are annexed hereto
as Exhibit "A"; and
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5. That at least ten days'previous notice of the time and
place of the sale had been given to all parties known to your
Petitioner to be interested in the Estate of the said incompe-
tent, a copy of said notice being annexed hereto as Exhibit "B",
and said notices were deposited, postage prepaid, in the United
States mail as set forth in the affidavit of service annexed
hereto as Exhibit "C".
WHEREFORE, your Petitioner prays your Honorable Court to
confirm said sale.
FARMERS TRUST COMPANY
I
II ATTEST:
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BY~!\L~
Jan F. Burke
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLA}TD )
SS.
Jane F. Burke, being duly sworn according to law, deposes
and says that she has authority to make this affidavit in behalf
of Farmers Trust Company; that the facts set forth in the
foregoing Return are true and correct according to the best
of his information, knowledge and belief.
~~
Jan, F. Burke
Sworn to and subscribed before me
this ~ </j day of All, ~ E-M6,u, 1978.
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LA~4'tICES 0 - otIYJ!y Pu ic
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WILLiAM F\ Ull\niG>N. P.C,. '-. ::!!.'. ~
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"'" R y V.,." CMIURI. CUMBERLAND CO., PA,
"'''.nl "..., MY ._.18IION EXPIRES OCT. aI. ,.,
BOOK 105 F,\CE 378
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Proof of Publication
State of Pennsylvania, 1 1lII:
County of Cumberland. f
Jamie r,1orrison, clerk of THE EVENING SENTINEL.
of the County and State aforesaid, being duly sworn, deposes and says that THE EVENING SENTINEL, a newspaper of general
circulation In the Borougb of Carlisle, County and State aforesaid, was established December 1st, 1881, since which date THE
EVENING SE:-:TINEL bas been regularly issued in said County, and that the printed notice or publication attached hereto Is
exactly the same as was printed and published in the regular editions and Issues of the said THE EVENING SENTINEL on the
folloWing dates. v1z
Copy of Notice of Publication
September 14, 21; 28, 1978
Affiant further deposes that he :8 not Interested In the subject matter of the afore.
laid notice or advertisement. and that all allegations In the foregoing statement as to
time. place and character of publication are true.
IN RE: t8TA'le Of SARA STONE
MILLER, A AlLEGED INCOMPETENT
OF COMMON PlEAS
CO~NTY: PENNlYl-
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4th
Sworn to and subscribed before me this.................................. day of
Octo ber 78
.........................19......
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Notary Public
My commission expires:
MA~IETTA HCKEL, Notary Pub'ic
CarlIsle, Cumberland Co p
My Co '. ., a.
mm,ss,on Expires Dec. 15, 1980
WILLIAM F. MARTSON. P.C.
A"orney lor PtIlQoner
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Proof of Publication of Notice in Cumberland Law Journal
(Under Act No. 587, Approved May 16, 1929), P. 1. 1784
County of Cumberland
}ss
State of Pennsylvania
JAMES R. HUMER, ESQUIRE, Editor of the Cumberland Law Journal, of the County and State afore-
said, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal
periodical published in the Borough of Carlisle in the County and State aforesaid, was established January
2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal
notices, and has since January 2, 1952, been regularly issued weekly in said County, and that the printed
notice or publication attached hereto is exactly the same as was printed in the regular editions and issues
of the said Cumberland Law Journal on the following dates, viz: 9 / 1 5, 22, 29 /78
Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,
a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid
notice or advertisement, and that all allegations in the foregoing statements as to time, place and character
of publication are true.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUN-
TY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 407 ORPHANS' 1978
/Swo n to and subscribed before me this 29th
C~a of I September, 1~
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Nt t- ;;Y PUR!.ll. \','n
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Cadlsls, PA (w'-locrl?':1d Cuu;:t_1
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NOTICE
IN RE: ESTATE OF SARA STONE
MILLER, AN ALLEGED INCOM-
PETENT
To the heirs, creditors and all other
persons interested in said estate:
NOTICE IS HEREBY GIVEN
that FARMERS TRUST COMPANY,
Guardian of the above-entitled estate,
has filed its petition praying for ap-
proval to sell at public sale the real
estate of the said in~::Jmpetent known
as premises No. 788 West South
Street, Carlisle, Cumberland County,
Pennsylvania; that by Order of the
Court of Common Pleas, Orphans'
Court Division, of Cumberland Coun-
ty dated September 11, 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 main-
tenance 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 consum-
mation of such sale.
WILLIAM F. MARTSON
P.C. '
Attorney for Petitioner
9-15,22,29
September ]2, 1978
To: Mr. Jake W. Stone
Hr. B. F. StoDe
Hs. Ruth Stone
Hr. Steven J. Stone
lirs. Bernice S. Porter
Ifr. Randolph C. Stone
Dear Family of Sara Stone Miller:
We are enclosing a copy of a Petition and Order of Court
entered on September 11, 1973, which directs the sale of the
real estate of Hrs. Hiller at public sale on October 6 at
1:00 p.m. TI1e proposed terms of sale are attached, and you
will observe that the guardian will have the right to accept
or rej ect bids in the event the sale does not produce. an
appropriate price.
If you should have any objections to this sale, you
should iEl!:1cdiately cOlTffiunicate them to l~r. C;3.verly at Farmers
Trust CODpany or to ay office at the above adtlress.
Do not hesitate to contact me if you should have any
questions.
Very truly yours,
HILLIAH F. 1'~.R1SON, P. c.
'.Jilliam F. l!artson
''iTl-1/ elm
Enclosures
cc: Hr. Dennis C. Caverly
EXHIBIT "B"
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LAW OFFICES
WILLIAM F. MARTSON. P.C.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
CUMBERLAND COUNTY )
SSe
deposes and says:
WILLIAM F. MARTSON, being duly sworn according to law,
That he gave notice of the said Public Sale to those
parties interested in the estate of the said incompetent, Sara
Stone Miller, by forwarding to each of the addressees in Exhibit
"B", by ordinary mail postage prepaid on September 12, 1978,
said letter with a copy of the Petition and Order of Court. None
of said letters were returned to the sender, and, further, the
said Jake W. Stone was present at said sale.
II
Sworn to and subscribed before
me this ,<Ij day of 7J~mkt,/ ,
1978.
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/ II Notary Pu9Xic
II tWIDRA S. !CICENRODI
, NOTARY PUBUC
I ~ I. CUMBERLAND CO.. PA.
_ _AT 1111011 EXJIIMI ocr. .. \1It
WL 1111~
William F. Martson
EXHIBIT "c"
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