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HomeMy WebLinkAbout01-29-80 . . '. IN RE: ESTATE OF T. A. :: MILLER, LATE OF THE BOROUGH . . OF CARLISLE, CUMBERLAND COUNTY:: PENNSYLVANIA .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 ORDER OF COURT AND NOW, to wit, this ;??~ of ~ ,1980, upon presentation of the foregoing petition, a rule is issued upon Bethel A.M.E. Zion Church, Shiloh Baptist Church, West Street A.M.E. Zion Church, and the Township of North Middleton to show cause why said private sale of decedent's specifically devised real estate should not be approved by the Court. Service to be made upon counsel of record for Bethel A.M.E. Zion Church, Shiloh Baptist Church, West Street A.M.E. Zion Church, and the Township of North Middleton, returnable twenty (20) days after the service hereof. By the Court, ~ liT" -!> nO] ;',"G:: 1."...,-.\ ....u I 4'> . :1.41 IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY:: PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 PETITION TO CONFIRM PRIVATE SALE OF REAL ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Beatrice M. Claus respectfully represents: 1. That she is the executrix of the estate of T. A. Miller and also the surviving spouse electing to take against the will of said T. A. Miller. 2. That by the terms of his will, T. A. Miller specifically devised a parcel of real property in North Middleton Township con- taining seven (7) acres more or less unto Bethel A.M.E. Zion Church, Shiloh Baptist Church and West Street A.M.E. Zion Church as tenants in common subject to certain conditions, and upon the failure thereof, to the Township of North Middleton for certain purposes and subject to certain conditions. 3. On October 11, 1978, pursuant to a petition by your petitioner, a citation was directed to the devisees of said real estate to appear for a hearing on the question of sale of said premises divested of the conditions imposed by decedent's will. 4. On October 31, 1978, pursuant to petition by said devisees averring that Beatrice M. Claus is not the surviving widow of T. A. Miller the decedent, a rule was issued upon said Beatrice M. Claus to show cause why her election to take against the will of said T. A. Miller should not be vacated. . .. . ~ ("I .,.:c "!,' ~ '.J I"L.. tJ... v.'\ ..... '!O 00 ~ s. After presentation of the evidence in support of petitioner's position that she is in fact the widow of T. A. Miller, the said specific devisees, by their attorneys, informally agreed that Beatrice M. Claus was the surviving widow of T. A. Miller, that her election against his will was valid and effective, that said parcel of land could not be divided between the widow and the specific devisees, that the conditions set forth in decedent's will were impractical and that said parcel should be exposed to public sale with the net proceeds divided in equal shares, one-half to the surviving spouse and one-half to the specific devisees, but although a stipulation of counsel to that effect was prepared in August 1979, it has never been executed on behalf of the respective parties. 6. That because said property had suffered fire damage of approximately $1000, the fire insurance coverage was cancelled, and the executrix was forced to obtain coverage under the assigned risk plan of the Commonwealth of Pennsylvania. 7. That because of the insurance problems and the approaching winter weather, said executrix offered said premises at a public sale attended by attorneys for the specific devisees on October 20, 1979, at which time the only bid received was $20,000, which was deemed insufficient. 8. The fire and extended insurance covered by the assigned risk plan was cancelled effective December 19, 1979, for the reason that said premises did not meet reasonable underwriting standards. 11).; bJ..; ~ -2- ['AGE -.)9 l. ~ 9. Because of the lack of insurance coverage, the onset of freezing weather with possible damage to water system, supplying water to mobile homes previously part of the estate, but sold at public sale and renting space from the estate, and the possibility of vandalism, your petitioner has entered into an agreement of sale for said premises at the price of $25,000, a copy of said agreement being attached hereto as Exhibit "A", and subject to the approval of your Honorable Court. 10. That prior to execution of said agreement, your petitioner had offered to sell to the specific devisees her undivided one-half interest in said premises for one-half of the best price bid at that time, but said offer was never accepted. 11. That your petitioner believes that all of the objections to the sale of said premises have been satisfactorily removed, and that it is in the best interests of all parties that said premises be now sold under the terms and conditions set forth in the annexed agreement of sale, and that your Honorable Court therefore approve said sale. WHEREFORE, your petitioner prays your Honorable Court for the issuance of a rule upon Bethel A.M.E. Zion Church, Shiloh Baptist Church, West Street A.M.E. Zion Church, and the Township of North Middleton to show cause why said sale should not be approved by your Honorable Court. And she will ever pray, etc. ~ 7~,~_____ ttorney or Petltloner 3 ' , .i, t'''. 1 - - .., ' , '" .......""':'\ ..... J I :,Ci: 40 . . ~\..O~\~~ COMMONWEAL TH OF PI:UNSY1YAU-fA COQ.6~f\A.C COUNTY OF CBHIHiiR1AN-D ) ) SS Beatrice M. Claus, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledgment, information and belief. ^ .. C:::L Ii /) ~~ r/l CX-.(~ v Beatrice M. Claus Sworn to and subscribed be ore me this r:::1o day o :-1980. .... . .f IJ~ {1 t';,Gl: & ~ ~,)~.\ Ji-.' :I:.lI. AGREEMENT OF SALE THIS AGREEMENT made and entered into this ~ { S day of /I~I ( Jf the Estate of T. A. Miller, deceased, , 19 P0, by and between BEATRICE M. CLAUS, Executrix (whether singular or plural hereinafter called SELLER) A N D KEITH T. M(~LEN and KEVIN L. WJLLEN, of R. D. 7, Box 203, Carlisle, Pennsylvania (whether singular or plural hereinafter called BUYER) WITNESSETH: (1) The Seller agrees to sell and convey to the Buyer and the Buyer agrees to purchase and accept the conveyance of all that certain tract of land with any improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, containing seven (7) acres more or less, and being improved with a framed dwelling house and other outbuildings known as Tamec Farm and more particularly described in the Deed recorded in Deed Book "C", Volume 19, Page 497. (2) ,The Buyer agrees to pay to the Seller for the said real estate the sum of twenty-five thousand ($25,000.00) payable as follows: One hundred ($100.00) dollars on the signing of this agreement, receipt of which is hereby acknowledged, and the EXHIBIT "A" ~ balance of twenty-four thousand nine hundred ($24,900.00) dollars at the time of settlement. This agreement is contingent upon Buyer obtaining financing. (3) Settlement shall be made on or before the thirtieth (30) day of March 1980 at which time the Seller shall tender to the Buyer a properly drawn and executed deed of special warranty conveying to the Buyer a good and marketable title in fee simple, free and clear 'of all liens, charges, easements, and encumbrances, except those visible and/or of record and Buyer shall pay to Seller the balalnce of the purchase price. (4) The terminal date-for obtaining approval of this sale by the Court and/or the churches involved in said estate is March 30, 1980. If such approval is not obtained the hand money shall be returned and Buyer may declare this agreement null and void at his option. (5) Mobile homes presently located on the premises have been previously sold as personal property and are excluded from this sale. Seller agrees to have said trailers removed from premises at Seller's expense before settlement as herein above provided. (6) Buyer shall be entitled to possession upon execution of this agreement. (7) Current real estate taxes shall be apportioned to the date of settlement. (8) All real estate transfer taxes shall be divided equally between the Seller and the Buyer. (9) Risk of loss by fire or other insurable hazard shall be borne by the Buyer. -2- .' (10) Water rent, sewage rent, rent, etc., shall be apportioned to the date of settlement. (11) Access to said premises is by road leading northwardly from Creek Road 13 feet wide and 37.4 perches long as established in deed recorded in Deed Book "B", Volume 4, Page 537, and referred to in Deed Book "I", Volume 14, Page 442. Acpo:t.tion of the right of -way extending from the bridge over Alexander Run to said premises is established either by prescriptive user or grant of easement. (12) Seller agrees to place Four thousand ($~,OOO.OO) dollars in escrow with James Humer, Esquire to cover the cost of imp~ove- ments to the premises by Buyer from the date of this. agreement until settlement. Seller specifically agrees and hereby authorizes James Humer, Esquire to reimburse Buyer for said improvements including the cost of labor in the event that Buyer does not obtain financing, Seller refuses to settle or Seller does not obtain approval of the sale. (13) .In the event that the Buyer shall fail ov refuse to make settlement in accordance with the terms of this agreement, the Seller, at his option, may declare this agreement null and void and retain the hand money previously paid as liquidated damages which shall not exceed ten (10%) percent of the purchase price; bring suit for damages for breach of contract or bring suit for specific performance. (14) .Iri the event that the Seller shall fail Or refuse to make settlement in accordance with the terms of this agreement, the Buyer, at his option, may declare this agreement null and void r~ ., -3- -- . << .~ and the hand money previously paid shall be returned forthwith to the Buyer together with his costs of the title search, survey, appraisal fees and costs of any improvements including labor; bring suit against the Seller for breach of contract, or bring suit for specific pe~formance. (15) This agreement shall hot be assigned without the written . consent of Seller. (16) This agreement shall bind the parties hereto, their heirs, executors and administrators. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year It1tf4:fJLPI~ C ~ lZ M= W1tnesU' . first above written. ~::1~ c:?1 &~~ (SEAL) Beatrice M. Claus, Executrix '1<~~ ~ Kevin E. Mullen (SEAL) ~ TD /)1 UL, I.A:?}/v.3 Wi tness ~~~.~\N.'~~EAL) Keit T.Mullen -4- . . , .. .7 :.. " STATE OF~ FLRIDA ss COUNTY OF . On this the I:) \l_.. perSOnall:a:p::~~:::~E' 1981f, before M. CLAUS, of the me a Notary Public, State of Florida, known to me or (satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITHESS WHEREOF, I hereunto set my hand and seal. . . :k' .... . r.wJ~. ~t:'~ta . tiblic . otary Public. State of Fl 'd .. My Commission E' .Il a at Largl baded ,xp"es <:A_t 27 . Iy Iomo,;.." fi,o & ;:;. . 1980 ~.C!l~ . . CERTIFICATE OF SERVICE I, James R. Humer, Esquire, Attorney for Petitioner, certify that I served a copy of the within Petition and Order of Court by mailing the same by ordinary mail, u.S. postage 3() prepaid at Carlisle, Pennsylvania, on January ~, 1980, addressed as follows: Harold S. Irwin, Jr., Esquire 44 S. Hanover St. Carlisle, PA 17013 and John H. Broujos, Esq. 4 N. Hanover St. Carlisle, PA 17013 Attorneys for Shiloh Baptist Church West Street A.M.E. Zion Church Bethel A.M.E. Zion Church and James D. Bogar, Esq. 23 W. Main St. Shiremanstown, PA 17011 Attorney for North Middleton Township ~ /(~~ s R. Humer orney for Petitioner