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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. -1- ~ro! 1" 0:- ".! {, J r'-~.:~ ;:- ,} "je' '_"'s ,J 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, ).0PM+t; ~J. MOK 105 P,~G~ 380 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, I i \ Carlisle, Cumberland County, Pennsylvania, under the provisions II' 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 -1- .,..,... 1.0.~'. ::-',':: .r{ry, 7 ;L/u.~. _,'III __, 'I . , :i 'I I' I 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: II -1-) ~J2~ I 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. \\.\\~\_'" 1111" ,\' 'Co. 'E. I,~ '" ~\~_~_~N...... . ,~/ it,. .._~~Q.~..:;tU ;'~",.'/-\ ~~ ;'(;) .. ...~" (,'. " ~ ~. ~ .. t:J ~~ . - -: c.. ,.i- -..-- _._ LA~4'tICES 0 - otIYJ!y Pu ic .. i.~'." ~ WILLiAM F\ Ull\niG>N. P.C,. '-. ::!!.'. ~ .. . ." ~ . ~ .. " -:~~.>';/'S -.1~.<~) l _--a S, ECKENRODE ',4...,./')r..- ~C.4,.-./..'" ~ " ~ 4...... ..,\,)v .' NOTARV PUBUC "'" R y V.,." CMIURI. CUMBERLAND CO., PA, "'''.nl "..., MY ._.18IION EXPIRES OCT. aI. ,., BOOK 105 F,\CE 378 l' __ , 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- \, )0. \'V'-./'J. '--., \\ \ CN~\ A :~(i\,- "-..- } 4th Sworn to and subscribed before me this.................................. day of Octo ber 78 .........................19...... ..2nr.f):~~&. .0:~;;/.:........ 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 1'( , ',.iI. ~t., } ~ , tit. t! ,1 If .., i " 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~ /~/ ~ 0/ /l ~/ p'7 __ -<I-A-<< A". ~~ ~:;, ~/. Nt t- ;;Y PUR!.ll. \','n ~r.y C1m:<1;s:icn L:X, .~s l"l~1 111 Cadlsls, PA (w'-locrl?':1d Cuu;:t_1 n,~, 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" ~ 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. II /) /J ~ / ~/C~Jl7dU/ /J "thb~"~k / 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" ~ ,f." . ~.](~t:'~_,,1 ~ r"'''. <', ..'t i(i'MA! ., ".ntilJ ~*