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HomeMy WebLinkAbout02-26-80 IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 ORDER OF COURT tIJ, AND NOW, to wit, this ~!J day of February, 1980, it appearing to the court that the citation was duly served upon counsel of record for Shiloh Baptist Church, West Street A.M.E. Zion Church, Bethel A.M.E. Church and the Township of North Middleton on January 30, 1980, returnable twenty (20) days after service, and that no answer has been filed by said respondents, and in consideration of the Stipulation of Counsel hereto annexed, and the joinders of all parties in interest, the Motion of Beatrice M. Claus, Executrix for a Rule Absolute is hereby granted, and the said Beatrice M. Claus, as Executrix of the Estate of T. A. Miller, deceased, and as surviving spouse of the said T. A. Miller, deceased, is authorized to make, execute, acknowledge and deliver a deed to Keith T. Mullen and Kevin L. Mullen for the consideration of TwentyFive Thousand Dollars ($25,000.00) conveying to them all that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, containing approximately seven (7) acres, more or less, free and divested of all of the conditions imposed by decedent's will. By the Court, ':)", .'1; (F'),! ,';; tv..i\ ....v I ("u., ~ . P.J. iC5 IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 MOTION FOR RULE ABSOLUTE TO THE HONORABLE, THE JUDGES, OF SAID COURT: Beatrice M. Claus, Executrix of the Estate of T. A. Miller, deceased, and surviving spouse of T. A. Miller, deceased, by her attorney, James R. Humer, Esquire, respectfully moves your Honorable Court to make absolute the rule heretofore granted on January 30, 1980, upon Shiloh Baptist Church, West Street A.M.E. Zion Church, Bethel A.M.E. 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, said rule returnable twenty (20) days after service. 1. Said rule was served upon counsel of record for the respondents on January 30, 1980, and no answer thereto has been filed. 2. All parties of record have executed a stipulation of counsel dated February 14, 1980, and accompanied by the joinder of all of the parties in interest, which stipulation and joinders are hereto attached, agreeing to the proposed private sale of said real estate, divested of the conditions imposed by decedent's will. I -~ D"} "",,',': 1;;,.",\ ......:..1' I!\L... 04 J WHEREFORE, Petitioner prays your Honorable Court to make absolute the rule heretofore granted by your Honorable Court. And she will evey pray, etc. BEATRICE M. CLAUS, EXECUTRIX OF THE ESTATE OF T. A. MILLER, DECEASED, AND SURVIVING SPOUSE OF T. A. MILLER, DECEASED By umer, Attorney ..: " {. p.; ";'C 1.1........., ....J r n'v;.. ,~. to- -JiJ COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND James R. Humer, Esquire, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Motion for Rule Absolute are within his own personal knowledge and are true and correct. ~wor~,to and subscribed ,.~',"d';" :' ~'" ',_ / ,,,,."~Wefor~'~e this ~ day iv<Y, .l\"t. ~;~.e.i3f'}lia'r... y 1980 . '.!~,,' ,,~~I..If,t ,r ~" , -"~' ""\'.i"'. .#~ " (t'\ < ,: .....: <::..',,1':';',\.',".. "',' ". 'i1 .,..... "...' ,'.-:'!.;l" ' -~, . ~(/ : I.... ....... ".'~'O . . ','''';.',:h' ~j \""~"..~;"""'i_'<,_. ';"-., . . ". .,", ~ " . " . r,' , 101 t ,''f', " "-;"'.:". ~ :,'. .~~ I'\~y pur,;'"' .1 .f( '( ~.~:':~:'1lS. r~ b,:'~: : 'y " l'?fll Lillo.e, i'A ' 'r"" d ( ,,'" , . . ,!,..-" QUllt:r ,--Q"--, n.'~. . ,. -! n, C.;~.\ .....v I P/,CL l'l'" ~o IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 STIPULATION OF COUNSEL It is hereby stipulated and agreed this 14th day of February, 1980, between James R. Humer, Esquire, Attorney for the Estate of T. A. Miller, Harold S. Irwin, Jr., Esquire and John H. Broujos, Esquire, Attorneys for Shiloh Baptist Church, West Street A.M.E. Zion Church and Bethel A.M.E. Church, and James D. Bogar, Esquire, Attorney for North Middleton Township, as follows: 1. That Beatrice M. Claus is the executrix of the estate of T. A. Miller, who died June 2, 1978, without surviving issue, leaving a last will and testament, dated May 30, 1978. 2. That Beatrice M. Claus is also the survivin~ spouse of T. A. Miller and on August 2, 1978, filed her election to take against said will. 3. That Beatrice M. Claus and T. A. Miller were married on May 19, 1978, by the Reverend I. Ray Berrian, in a ceremonial marriage performed at the Herndon Camp Grove, Herndon, Pennsylvania. 4. That all object~ons to the validity of the marriage of Beatrice M. Claus and T. A. Miller are hereby withdrawn. ~hat the sai~ Beatrice M. Claus is recognized as the surviving widow of ~. A. Miller, deceased, and that the election of Beatrice M. Claus as survivinq widow of T. A. Miller, deceased, filed on August 2, 1978, is recognized as valid and effective by the parties to this stipulation. 5. That the assets of said estate include a parcel of real ~ ) J ~.',.17 'J.,j~ ",J f ,jAC[ _ -1- " property in North Middleton Township, containing seven acres, more or less, devised unto Bethel A.M.E. Church, Shiloh Baptist Church and 1vest Street A.~.E. Zion Church, as tenants in common, subject to conditions against sale or encumbrance of the premises, and upon violation thereof to vest in the Township of North Middleton for recreational purposes, subject to certain conditions as set forth in said will. 6. That said parcel of land cannot be divided so as to give the said surviving spouse the one-half share to which she is entitled under her election to take against the will, and the remaining one- half share to the said churches. 7. That the condition against sale o~ said parcel o~ land is impractical, and the conditions imposed by the gift over to the Township of North Middleton may be or become objectionable ano burdensome to the Township. 8. That said parcel of land, containing seven acres, more or less, known as Tamec Farms, situated in North Middleton Township, Cumberland County, Pennsylvania, shall be sold and the net proceeds therefrom divided in equal shares, one-half to the surviving spouse, and one-half to he divided equally between the charitable beneficiaries, to wit: Shiloh Bantist Church, West Street A.M.E. Zion Church, and Bethel A.M.E. Church. 9. That any and all rights that North Middleton Township, Cumberland County, Pennsylvania, may now or may hereafter have, by virtue of the devise contained in the said will of T. A. Miller, deceased, dated May 30, 1978, be and are hereby extinguished and terminated. tJ~.\ 10 I i'f,CE US -2- ,If . , . 10. That said premises may be sold without hearin~ before the Court of Common Pleas, Orphans' Court Division and that said sale shall have the same force and effect to the purchaser or purchasers of said real property as if the sale had been ordered by said Court after hearing. ~4-~ r<.~ , / I James R. Humer / ' I \ -/"') ,/ } /1 /' ~{/ f jUl f:. . //(,*31CV> --/ -( s D. Bogar 0 STATE OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND On thi s, the 14th day of Fe bruary , 1980, be fore me, the undersi.r:neo officer, personally appeared James R. Humer, Harold S. Irwin, Jr., John H. Broujos and James D. Bogar, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. ,"'~. , IN \A[ITNESS WHEREOF, I hereunto s~t my hand and officiaJ<,~eaY /~', , ,~) .~: 'f',l,. ';A','--;' J ':" .......,.- <f".O j ....,. i :" (,s FJl. ~1' , ,J -*) \,1"") ,,"-:/} ,). ':';, ./', ..... 0' ,~ &> ". v,',, ,\ '. '" '.', '\ ...' 'I, }.. '::l ,,' lit "1) O'} '..,." w.:..,\ ...: f r ,,(,c ~9 -3- .' JOINDER AND NOW, this 14th day of February, 1980, I, Beatrice M. Claus, as executrix of the estate of T. A. Miller, deceased, and as surviving spouse of T. A. Miller, deceased, do hereby authorize James R. Humer, Esquire, as attorney for the estate of T. A. Miller, deceased, and on my own behalf, to enter into the foregoing stipulation. '7. ....... - ( '~::v ~--u--c:;-) 1 (!k ~?( SE AL ) Be atrice M. Claus Witness: /Ii /). /' ~7/~~ f~{ .. .: ,: .-( .f~"- , ~k'" ...J ( i'r~C ~ ." ~ t,"\ . ~'U JOINDER AND NOW, this 14th day of February, 1980, the under- signed duly authorized officers of Shiloh Baptist Church of Carlisle, Pennsylvania, do hereby authorize and empower our attorneys, Harold S. Irwin, Jr., Esquire, and John H. Broujos, Esquire, to enter into the foregoing stipulation. Shiloh Bap tis t Church By: )J.1~ -t:?~ Attest: ~.~.~ ec tary I' 1>J)'1 ,,:-c:n1' t~"".\ ..a.. " ' r "'\.iL ..boW. JOINDER AND NOVI, this 14th day of February, 1980, the under- signed duly authorized officers of West Street A.r1.E. Zion Church of Carlisle, Pennsylvania, do hereby authorize and empower our attorneys, Harold S. Irwin, Jr., Esquire, and John H. Broujos, Esquire, to enter into the foregoing stipulation. We s t S t re etA. M . E. Zi on Ch ur ch "-r ......., . Byl.::, ~.< ~ J. ~ ... ....... Attest: <.:~ Se cre ary .4 f~'"'1 ",1": AU'') 'J...~ :..~t...j I r t'\vL ...u.... .~ . , " . . , JOINDER AND NOW ~ this 14th day of February ~ 1980 ~ the under- signed duly authorized officers of Bethel A.M.E. Church of Carlisle~ Pennsylvania~ do hereby authorize and empower our attorneys~ Harold S. Irwin~ Jr.~ Esquire~ and John H. Broujos~ Esquire~ to enter into the foregoing stipulation. Attest: /"':)/7 ~ ,/) cfl-:;/ /(/ ~/ ~rI/ .r>-C' 1 .h;;'CL . ~-____ IllI ~~..... Secre ary Bethel A.M.E. Church J<- , ( / ~'\ ' "'J'/ " ("- ,)C f) L..?- By : /{t-d wi~UL- h, l'dv0, 'l.U'.' J ~;;...\ - , .i03 i':~GL " ", . . . . ". . " . . JOINDER AND NOW, this 14th day of February, 1980, the under- signed supervisors of North Middleton Township, Cumberland County, Pennsylvania, do hereby authorize our solicitor, James D. Bogar, Esquire, to enter into the foregoing stipulation. Township of North Middleton / By:'~~fi~ / ,/ ,;TiT,./;~/---- ) sUP,e /WiT j/ ~?;k/ /~,}{[ZYri;Jti-- Supervisor ., ~ - ..,1 ') /'~ /1 _'I ./ ,.' Ir .1....j6.~~&: ...--- O~, Supervisor '.~.H('. .~ r)j it,C:.. V':J b Jv.( ....~ .' ...