HomeMy WebLinkAbout12-23-08Ms. Strasbaugh,
Per your request on 12-17-08. Enclosed is the copy of
Dorothy J. Adams 1St will and a copy of the agreement that was
made between Dorothy, I and my husband while we lived with
her. My husband and I moved and bought our house in 3-93.
Sincerely, : __ ~ ,
,,,
., `~.
Kathy J. Greene
-,
t:-: ~
-rZ
l 7
rTl
-.3
_ (_J '__ ~
_ ,'
--~
`iU
P~,
~~
_~ -
~, - --
r-, ~ -~
~7 i
~V ~ -
W ~.
[ ~ .- _~
~_+
_. _7
~`7 ~ -~~
... -: .
,. ,
-,J, >Y~ -
LAST WTLL AND TESTAMENT -_~> ~~
OF ;; r, ~~
`"^~ _ - -
DOROTHY J . ADAMS -' r _ -_
_ ~ ~'
..3
:L -i ..
I, DOROTHY J. ADAMS, Widow Woman, of Marysville, Per~p '
County, Pennsylvania, being of sound and dispcsing mind, memory
-and understanding, do hereby make, publish and declare this to
be my, Last Will and Testament, hereby specifically revoking my
Will of February 27, 1976.
FIRST: I hereby direct that my personal representative,
hereinafter named, to pay all my just debts, funeral and testamen-
tart' expenses as soon after my demise as may be practicable.
~ SECOND: I hereby give, devise and bequeath all the
w
~r1
rest, residue and remainder of my estate, whether real, personal
J~ or mixed, to my three (3) daughters, VIRGINIA (.nee: ADAMS) MOWERY
,~
-.;":~~r of Newville, Pennsylvania, LINDA (nee: ADAMS) BROUGHER of Enola,
`~ ~
---,; ~ ~
~`~~`'~~ Pennsylvania, and KATHY (nee: ADAMS) GREENS of Enola, Pennsylvania,.
share and share alike, per capita.
..~
~~,,~~ FURTHER PROVIDED, however, in the event that any
N
'S O
-~'~ of the three (3) daughters desire to purchase my residence known
_,:~ ~.
`- as 514 Lansvale Street in the Borough of Marysville, Perry County,
~-
Pennsylvania, and/or the adjacent lot, she may do so if the other
two daughters agree. IN THE EVENT there is no agreement or IN THE
.EVENT none of my three (3) daughters desire to purchase the home,
the property is to be sold to a third party at fair-market value
and the proceeds from the sale of said residence is to be distri-
buted equally among my three (3) daughters, ss indicated above.
THIRD: I,,hereby nominate, constitute and appoint my
-'~ daughter, T TrTng ~~"'~~„~`y'i*y'','`-o f °"~+"~nns lvania as Executrix of
;, ~~ Y
this my, Last Will and Testament. Should my daughter, ~,~~,
:.~
~.T-U~~, predecease me, fail to qualify, cease to act, or is
for some reason incapable of performing such task, I then
nominate, constitute and appoint my ~-g-~~;~G~~~NE of
~.l~Pennsylvania, as Execut~of this my, Last Wil]_ and
>t -
._~, ~ Testament.
FOURTH: None of the abovenamed persons shall be
',required to post bond or surety in this or any other jurisdiction
for faithful compliance of the office of Executrix.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
•/
4.
-,
~~
..~' ~' ~
,,
- .,
~ *
~; ~,
-~°.
a
~.
_
~ ~
~
~` ~ a
.~ r
.* ~..
T
_, `
p,
to this my, Last Will and Testament, the ~ day
~,
r/, t~~
U
~+ ~ j ~
I + /
%~!~-2.~,a...-., ~°~ 6?~-=~ (SEAL )
DOROTHY J.; AMS
i
The preceding instrument consisting of this and one (1) other
typewritten page, identified by the signature of the Testatrix,
DOROTHY J. ADAMS, was on the day and date thereof signed, published'
and declared by the Testatrix to be her Last Will and Testament,
and in the presence of us, who at her request, and in the presence
of each other have subsribed our names as witnesses hereto.
,,;' :... J~% ~ ~' ~, ::,~;%~~ ~~ 3yy_.xz~'a RESIDING A T "°,~Y, --~,,,,%~-~,,,, ~-~.
~"'
,.
i ••
r_/' ~ ..~ ~_,, rr .~ .x' - - -- RESIDING A rn ' ~..,~-.~', ,-
..
COMMONWEALTH OF PENNSYLVANIA )
ss.:
.COUNTY OF CUMBERLAND )
I, DOROTHY J. ADAMS, Testatrix, whose name is signed to the
.attached and foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the foregoing instrument as my, Last Will; and that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein. contained.
SWORN or AFFIRMED to and ACKNOWLEDGEDbefore me, a notary
puby~c, by the Testatrix, DOR HY J. ADAMS, on this the
-->-~ a a y o f _~L. _~ l 9
'~,
!,
y ~~ ~~j
Notary Public
My Commission Expires ~ll~`~~~~
'COMMONWEALTH OF PENNSYLVANIA )
). ss..
COUNTY OF CUMBERLAND )
~ ~ I ~,
-~ ~ ~ _
WE ~ ~~~-~ `~--'°`-~.:-f`~ AND ~ ~`~(~'~. ~~.., ~ ~,'
the WITNESSES, whose names are signed to the attached an foregoing;,
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testatrix, DOROTHY J. ADAMS,
sign and eXP_CUte the instrument as her Last Will; and that DOROTHY
J. ADAMS executed it as her free and voluntary act for the purposes'
therein expressed; that each of us in the hearing and sight of
each other and of the Testator, signed the Will as Witnesses; and
to the best of our knowledge and sight, the Testatrix, DOROTHY J.
ADAMS, was at the time eighteen (18) or more years of age, and
under no constraint or undue influence.
SWORN or:-AFFIRMED an~3,,, SUBSCRIBED toi?before me, a notary
this the ~"~ day of ~~~ 19 ~~3 , by the WITNESSES
-r-
Notary Public
My Commission Expires
~ .. ~'
d/ ~~~ ~~ ;~' '
i
/^~ Fv,)
l/^\ C ~
- - ~'°' -
1 Y~
A G R R E M E Pt T `' ca =
t.
7Y°'iT
r"l ~. '~
TL~I;S, AGREEMENT, made this `• ~...-day' of \~ ~"=: ~.~~?. ' l~ '' s
.r
BY A~iD BETWEEN: ~y
DOROTrIIY J. ADAMS, widow woman, as GRANTOR, hereinafter
known as "DOROTHYd'
A
iii
D
KATHY (nee: ADAMS GREENS and WILLIAM L. GREEiJE, her
husband, as Grantees, hereinafter known as "KATHY AND BILL",
shall be binding upon the hens, e.,ecutors, and administrators, 'cut
not the assigns of both parties, unless otherwise provided hersino
BE IT KidOWId THAT
t~JHEREAS, KATH`I AivD BILL currently own and plan to sell
their residence known as Li07 'fountain Street, Summerdale, Cumberland':
County, Pennsylvania, and move n Frith DOROTHY in her r®sidence in
Marysville, Perry County, Pennsylvania, known as 51~+ Lansvale Street,
and,
~dHEREAS, it is the intent of KATIIY and SILL to invest some
of their moneyr to make improvements, alterations and?or repairs to
DOROTHY'S residence (such as a family room and a pool)
IN CONSIDERATION of the contemplated investment by
~~ATIIY APtD BILL in DOi~02'HY' 3 Name, the parties hereby agree to the
?OIIOWing.
FIRBT: KATHY AND BILL shall have the first option and
right to purchase DOROTHY'S home in the event DOROTHY should de-
cide to sell her home during her lifetime,
SFCO;.dD; If such right is exercised, the purchase price
shall be the appraised value of the home made by an PIA (member of
Independent Appraisers) qualified appraiser agreed upon by the
parties,
THIRD, KATHY AND BILL shall be allowed a credit (to be
computed by the appraiser) for monies and sweat equity invested in
any improvements, alterations or repairs,. taking into account. the
time of the investment and appreciated value.
FOURTri; To qualify for such a credit, KATHY ATiD BILL
have the responsibility of providing receipts, cancelled checks,
estimates and other such documentatian acceptable to the appraiser,
FIFTH: To the extent that improvements, alterations or
repairs might involve sweat equity of KATHY AND BILL, two estimates
for the improvements, alterations or repairs shall be obtained
before work commences, one by DOROTHY and one by KATHY ATdD BILL,
The average of the two estimates for labor to be performed shall
be the measure of such sweat equity of tasks actually performed
by KATHY AidD BILL s.nd not, ot.ierwise3 documentable by receipts
paid to contractors or sub-contrs.ctors.
MYTH: ~'~lthough it is the iztentien of the parties
hereto that all gill continue to reside in the property until
such time as DOROTHY passes away, DOROTHY reserves the right
to vacate the premises at any time for any reason, and reserves
the right to charge KAI`HY anal BILL the fair-market rental value
~'ar a period not to exceed one (i) year.
SUCr~ vacating of the premises by DOROTHY (unless
.otherwise provided in ~rriting by the parties) shall trigger the
first ~lst) option and right to purchase, which KATIiY AND BILL
must a~.erci3e Txithin that one ~].) year period; PROVIDED, iiOWEVER,
if KATxY .~1IJD SILL ar~~ ~ana~;le to q;zc,li.fSr ~'or conventional mortgage
financing during that one (1) year period, there shall be
e.ffarded to them a~atosnatic si.~ ! F,) month axtersions to arrange
such mart&age i'inancirr. T'ailure tc maY° a bona-Fide good-f'a~.th
c~pp?icat'on e~~er;; si~~ ~~) mcn.ths shs.1.7. termi~?3te KA"'HY ar.d BT_LL's
rights under thi Pgraement..
cEVENTL'~ BL Is t>dOt~~i that rJrO•'IEY hss e~:ectxted a "Pc:wer. of
l~ttcr^e;~'r it ~'s.4~cr ;~~' her ds.ughter w I~~Tq`~ ; *~xhicr amonT~ other
t}-cir.g: .yuthcx._~ee, P;.h^3iY to cell DORC?THY's residenen. D(3ROTF°
die-s rat cc•r_ ;der ;~-~rnx1„• M a.bi' ~.t~ tc sell PORC'I`HY's have to her-
sela' s.nd LILL Fz can~'lict of interest , sho~:ld DOP,OTHY be ~hysica?ly
ox° menta~.ly incapacitateci°
EIGHTH: B.E IT {idO~~d"v that BORO'?'IIY is fury aware that this
AGREEMET~T noc:~'i:~3 L,or-~~~.ons o7' hes- T.7i;~ of aTril 25, i4t33 with
regard to a1i of DOROmti"'^ iaughters needing to agree before one
daughta:~ ~~wYi ~~urcha e i ~, .
NIVTH: This Agreement may be (ilea of record in the Z'erry
County vourthouse at the option and expense of either party at
:any time.
TENTH: In tP:e event i£.ATFiY AND BILL should, for whatever
.reasons, choose not to exercise their first (1st) option and right
Lo purc_~:~se; t_~L;r :,_~all ?~e c:n.titled to t.~e reimbursed for the cost
of ls.bo°° a ~i ~,ar,erials invested in the home, in consideration of
which they shall execute a `'quit claim deed" to whatever interests,;
equitable or otherwise are cree,ted by the existence and execution
of this document.
EL~:j1EidTr : SH.OEiL~,+ this Ag-reerser~t still LF i~~, ei _"ect uaou
DOROTIi'f's des.~vs, :AT'~is Ala; FILL s~1c3.i1 have the responsibility cf
prompt ~;~ exercitiing t:'~ei.,~ r_~;~it h.id option to purahs.se under the
same regaire~.ents and latitudes pro-s_ded in PARAGRI'zPFt S_~TF herein,
EICEPT that Full fair-market rental shall oe payable monthl~* to
~hP Estate of DOROTHY in deference to DOROi'hY4s Will, which,
otherwise, provides for equal distribution of assets among DOROTHY'S;
three (3) daughters.
T;~ELrTH: Parties hereto agree that to the extent that
KATHY Ai`tD BILL Might legally be construed as "tenants`` under tae
terms of this .P.greeraent and under the -provisions of Pennsylvs,nia ° s
Landlord-Tenant Act, -chz parties waive their respective rights and
;responsibilities of the Landlord-Tenant Act, reco~,nizing the
:higher rights created by the "option and right to purchase" pro-
,visions of this Agreement.
THIRTEEN: Nothing contained herein shall be construed to
prevent. DOROTHY from announcing her intent to sell the house, while'
she is still residing therein, thereby forcing KATHY AND BILL to
seek Financing as provided in PARAGRAPH SIXTH, EXCEPT that DOROTIiY °
:shall not be entitled to any rent.
~'OURTEI*;N: F'JRTIiER~40RL, notiYing contained herein shall require
.KATHY AND BILL to remain in reside:ace in DOROTHI"s home to con-
time to qualiFy to exarcise their option and right to purchase;
PROVIDED,rIOWEVER, siloLlld they vacate the premises, it may be rented
to a third {3d) party by DOROTI~Y or trier estate on a month-by-month
basis until such title as legal titre shall be transferrmd to
.KATHY _A33D BILL .
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals, to this and four {4) other typewritten gages, intending
to be legally bound hereby, on the day and year first above written.
WITLESS : :~
DOROTHY ~f I A"r3~'.~.I~IS { Grantor )
~,
~.
itATHY ,~ G~EENE ~~ Grantee )
WILLIA~~I L. GREENE ~ Grantee
C~~MO?dWE~Th GF P:LHI~~YLV?.1?2~~ )
) ss..
COU_~TTY 7F ~~~mberland )
>•~
i hereby certify, that on the ~ =-3ay of ~"~-~~-C,, ~ 19 ,~~ ,
before me, a notary public, the undersigned officer,
.personally s.puearsd D~JROTHY J , 47~AMS , ~:~THY GR~E~T~, and WSLI,ZA~~ I,_
GREENS, her husband, knowr_ ~;o r!o (er ss,t3 sfactori?;,-
proven; to be the persons whose names are subscribed to the within
instr;.zme~!t, and acknowledged that the~* e~::~cuted the sE~ae for ti1~
~ill'v~seN vi~,~~.Z'G'in vnn a].Fia~.
,. .,_ 7.,i..;..h,~ ~ ~. s ~ ;~ ~ T r,~,4 icial seal.
.L _V ~l ii ~ ~; s.. ~~~ L R ~ ~i a y y h e . n t o `..~~ :C?I' i' R d ?: ~ ~? ~ ~ ~.
,,....
a
5~.,,r,...---~. ~~ `j .. ~
icy Comvlission E~gi-ress
~ ;',
? riereb~r~t~i'>f~ ~r3~u~t~ ti;~e.;:~precise residence cF the G~3ANT~E