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HomeMy WebLinkAbout12-26-78 IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO." 6RPIIANg' 1"9T-8 0< / - 7 ? -.$-5' ORDER OF COURT AND NOW, this pi. I'} / - ~P day of December, 1978, upon consideration of the annexed Petition and upon motion of Wm. A. Kramer, 2nd, Esquire, IT IS ORDERED AND DECREED that Isabella M. Freeman, Administratrix Deceased, enter additional of the Estate of Floyd L. Shreffler~ security in the sum of $~~4"(f)rj... with the Aetna Life & Casualty Company, as surety, and upon entry of the same, the said Isabella M. Freeman, Administratrix, is authorized to receive the proceeds of the sale of premises at 363 and 365 York Road, Carlisle, South Middleton Township, Cumber- land County, Pennsylvania, as more fully described in the within Petition. BY THE COURT, ~/ . ' ~. ::",;1: 105 I, 802 IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1978 PETITION FIXING ADDITIONAL SECURITY TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. That Floyd L. Shreffler, residing at Bloserville, Upper Frankford Township, Cumberland County, Pennsylvania, died intestate on July 5, 1976. 2. That Letters of Administration were granted to your Petitioner on February 3, 1978, by the Register of Wills of Cumberland County. 3. That an inventory was filed on December 18, 1978, showing the total value of the Decedent's property as $26,840.00 , the value of premises at 363 and 365 York Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, being included in the sum of $24,500.00. 4. That security has been entered by your Petitioner with the Register of Wills in the sum of $4,000.00 with the Aetna Life & Casualty Company as surety on the Bond. 5. That the Decedent died seized of a parcel of real estate located at 363 and 365 York Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, consisting of a block and frame 1 1/2 story dwelling and attached two car garage. 6. That said premises is subject to the right of Lottie Shreffler, Mother of the deceased, to reside in a three room apart- ment located in said dwelling on the within premises until March 19, 1984, or the death of the said Lottie Shreffler, whichever shall first occur, as more particularly set forth in Miscellaneous Book 106, Page 305. ~~0: /" _tU~)1 7~ 7. That the current tax assessment is $4870, and the property is described as follows: ALL that certain tract of land with improve- ments thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, being known as Lots No. 36, 37 and 38 in Block "R" of the Plan of Lots of Fairfield recorded in the Office of the Recorder of Deeds in and for Cumb- erland County, Pennsylvania, in Plan Book 2, Page 80. CONTAINING 75 feet, more or less, in front on York Road and extending in even width a dis- tance of 300 feet, more or less. BEING improved with a block and frame 1 1/2 story home and detached two car garage and being known and numbered as 363 and 365 York Road, Carlisle, Pennsylvania. BEING the same premises which Lottie Shreffler, by her Deed dated September 12, 1953, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "Q", Volume 15, Page 319, granted and conveyed unto Floyd L. Shreffler, deceased. 8. That said property was offered at pUblic sale on December 9, 1978, at which the highest and best bidder was Anthony J. Barbieri of 546 West Penn Street, Carlisle, Pennsylvania, in the amount of $24,500.00. 9. That as the result of said public sale, your Petitioner entered into an Agreement of Sale for the aforesaid premises to the said Anthony J. Barbieri for the sum of $24,500.00, of which sum $2,450.00 has been paid, and the balance is to be paid at settlement on or before January 9, 1979. A copy of the Agreement of sale is attached hereto. 10. The names and relationship of the parties in interest are: Evelyn Shreffler, Widow 121 South East Street, Carlisle, Pennsylvania Doris Randshew, Daughter R. D. #4, Box 246, Newville, Pennsylvania Isabella M. Freeman, Daughter Box 48, New Kingstown, Pennsylvania -2,.....,..: . ;1,1-)J ' ~)36 Charlotte McNeely, Daughter R. D. #10, Box 366, Carlisle, Pennsylvania Floyd L. Cox, Son Box 61, Gardners, Pennsylvania 17324 11. That all of said parties have been given notice of the terms of the sale and of the presentation of this Petition as evidenced by their Consents attached hereto. WHEREFORE, your Petitioner prays your Honorable Court to enter a decree requiring the entry of additional security in such amount as the Court may determine, upon the entry of which your Petitioner to have authority to receive the proceeds of sale of the aforesaid premises. .J2~}yJ. ~ Isabella M. Freeman, Petitioner COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss. Before me, the undersigned officer, personally appeared ISABELLA M. FREEMAN, who 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 knowledge, information and belief. ~~ m- c;7f~ Isabella M. Freeman Sworn and subscribed before me this ,j>L~ day of December, 1978. " "if: ~LO<) 79'7 -3- IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1978 CONSENT I, EVELYN M. SHREFFLER, the undersigned, being a party in interest in the Estate of Floyd L. Shreffler, Deceased, have received notice of the terms of the sale of the premises at 363 and 365 York Road, Carlisle, Cumberland County, Pennsylvania, approve thereof, and join in the prayer of the foregoing Petition of which I have received notice. f;~ V:! s~ j1vu Sworn and subscribed before me this IqJh day of December, 1978. ..,,;. '.,',' ':ti'i"));;.".;,.-, '\~ 1;"1,. l{,.,'~; ~ ,~. I ":'.~;.: .'.~ J,~'r .~,~'>.'::"",.- . LrV~'~:.~0!~ilrrY\OAh /1 J6. ~. ~:.;i~,t.(~l:}~~VKA, NO'dry PubUc ". :...;;"'H\I~, ~1J.m'b",,1PQd (ounly, Po. \..;,:- . MiI'!J~~si6ri'txPires (, Il /i5~ ',0). "J' " ....j f,'" \. ..' ~ '. . . :, . (~ , ' ' . ....,... ,:1 p ,'- ',''I' "198 .~.It\ .l..,J.) l,.~_i_ (, IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1978 CONSENT I, DORIS M. HANDSHEW, the undersigned, being a party in interest in the Estate of Floyd L. Shreffler, Deceased, have received notice of the terms of the sale of the premises at 363 and 365 York Road, Carlisle, Cumberland County, Pennsylvania, approve thereof, and join in the prayer of the foregoing Petition of which I have received notice. &~ k /IaJ~ Doris M. Handshew Sworn and subscribed before me this J(j'l-L day of December, 1978. ..,\..~.''''(o.' 1,;, '..'" I _..-:{:- "'.~~'.He-;;'" ~)~~~~:i~Q 'tr-Iv.{J<~ ~~~~*HE~~~otary Public ':~ "'''\J:-OCumbetlan~~olli!Iv, Pa. :'~:'?"~tf~~tes<Q '(7(h~ " O. ,.' ,\ :',' 7'/1,., '( .(? "" -i J \..- ,.' 'I, . .,..... ' '0" "('~ ",! 1,\ ,f... ~. 799 IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1978 CONSENT I, CHARLOTTE McNEELY, the undersigned, being a party in interest in the Estate of Floyd L. Shreffler, Deceased, have received notice of the terms of the sale of the premises at 363 and 365 York Road, Carlisle, Cumberland County, Pennsylvania, approve thereof, and join in the prayer of the foregoing Petition of which I have received notice. el1~ ~'~';f Charlotte cNe ly Sworn and subscribed before me this I()~~day of December, 1978. ",,, "'/ .......~:~' t.1\ A nl;:;:"'" ., r. '" ..... . . . <: t-. '. HE!UXtJ/~~ - . ~, .~.1 f).. _.... .. 4:. .~~ '. .. ~ - . 'w.' I,... Co 7MERL ~~rff.6Ke.Notary Public " C~r'l.isP~. CumbO'il~(.e"ty, Pa. '..t4/'Z11!'g~>?:~", c'!" /'1 /~ ~ " ...v "" 'I f! '{ ". (",....:.., """" . to:) ,. 800 " IN RE: ESTATE OF FLOYD L. SHREFFLER, DECEASED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1978 CONSENT I, FLOYD L. COX, the undersigned, being a party in interest in the Estate or Floyd L. Shrerrler, Deceased, have re- ceived notice or the terms or the sale or the premises at 363 and 365 York Road, Carlisle, Cumberland County, Pennsylvania, approve thereor, and join in the prayer or the roregoing Petition or which I have received notice. ~ecif_ loyd L. Cox Sworn and subscribed to berore me this ~~ day or December, 1978. .".Hllt.". ,; ,\i,nl,;'" , ~~.. -~', b::p h it /~~4f;~L ". f/l.~ ~ ~t~l'!l~f MAaB~A, Notary Public: ~. : ;.8"1<.,, cumb.er{Qi,~.'.i ~f1fy, Po. \.1::ii;>I~S~S("{\-E~ " 0.... t':l\:. '. .,,,' "" {Il R" '\'. .:y' '1"'1" ; (. :.'j..<'\..-. 8'01 '/ ';, f\,~ . "c I:, l;;......Jt) ; CONDITIONS OF SALE OF REAL ESTATE The Conditions of Sale of the real estate of the Estate of Floyd L. Shreffler, Deceased, situate in South Middleton Township, Cumberland County, Pennsylvania, (See Deed Book "Q", Volume 15, Page 319) made by Isabella M. Freeman, Administratrix of the Estate of Floyd L. Shreffler, Deceased, this 9th day of December, 1978, at 11:30 o'clock, a.m., Prevailing Time, are as follows: 1. The highest and best bidder shall be the purchaser, and if any dispute shall arise between two or more bidders, the property shall be immedi- ately withdrawn and put up again at the amount of the last undisputed bid. 2. Real Estate Taxes shall be prorated be- tween the Sellers and the Buyer, County and Munic- ipal Taxes on a yearly basis from January 1 to January I, and School Taxes on a yearly basis from July 1 to July 1. 3. Ten (10%) percent of the purchase price shall be paid by the Buyer as soon as the property is stricken down, and the balance on or before January 9, 1979, when Deed and possession will be delivered. 4. shall be Buyers. State and Municipal Realty Transfer Taxes divided equally between the Sellers and 5. If the Sellers are unable to furnish a good and sufficient Deed in fee simple, free and clear of all liens, charges and encumbrances, except easements of record or visible upon the premises, the amount paid by the Buyer on the date of the sale will be returned; and if the Buyer shall fail to comply with these conditions of sale the amount paid on the day of sale shall be retained by the Sellers as assessed and liquidated damages; and, in either event the rights of the parties . herpundr'r ~;hlll,] cr~:'l:;e IlncJ determine, and thf' ;ieIlers may proceed tu make 11 t'cuale of U1e prem1:\e:l, e1 ttK't' at public or private sale. .- 6. The right to reject any and all bids is reserved as well as the right to waive any irregularities. 1. The sale is subject to existing leases and rights of tenants in possession. ESTATE OF FLOYD L. SHREFFLER, DECEASED By~)rJ c-;;(u~ Isabella M. Freeman, Administratrix , - " JOSEPH 1,.. KRAMER ATTORNEY-AT..LAW CARLISLE. P~. AGREEMENT' OF SALE - wqta ~grtrmr1tt. made the 9th .dayof December the ESTATE OF FLOYD L. SHREFFLER, Deceased, by Isabella M. Administratrix, hereinafter called the Sellers, and 94n..')~:~1;Y' .&~e.1._i ) C4.d",:J, I 41 , 1978 ,between Freeman, .:5:..;'<: cd a4G~ s..I I hereinafter called the Buyer , WITNESSETH: 1. The Sellers agree to sell and convey to the Buyer, and the Buyer agree to purchase from the Sellers, upon the following terms and conditions, All THAT CERTAIN PRORERTY LOCATED AND DESCRIBED AS FOLLOWS: See attached description. TU.. f fI-) .2. The ~uyer agree to pay therefor the su!':] of LV-e~ 7T'.<-t /'~c~_ .jk.~^" ,k~ nct~~....",-<,/ .__~._...__.___ ($ ~{5,fi:). tfO) Dollars, as follows: r;::-'t'''~:7 !f'-C'--1L"~j,.L,,,o/rA. ($02"';:fL1~.~) Dollars, in cash, upo~ sioning of this agreement, the receipt of which is hereby acknowledged by the Sellers, and the balance of the purchase price at the time of settlement. In the event of a default in the terms or conditions of this agreement by the Buyer , the Sellers may retain the above down payment as liquidated damages, in which event this agreement shall be null and void, or the Sellers may pursue any other remedy in law or equity. 3. Premises to be in substantially the 8ame condition at the time of settlement as at the time of the signing of this agreement, reasonable wear and tear excepted. 4. Risk of loss by fire or other casualty to be assumed by the Sellers until the time and date of settlement. 5. Premises to be conveyed free and clear of all liens and encumbrances., except those visible upon the premises. 6. All fixtures permanently annexed to said premises are included in this sale. In addition the followinq personal property is included in this sale: 7. Possession to be given at the time of settlement. 'and other transfer taxes . 8. The Pennsylvania Realty Ta shall be paid equally by the Sellers and the Buyer . All other taxes shall be apportioned as of the date of settlement. - 9. Title to be good and marketable and such as will he approved by an attorney of record of Cumberland County, Pennsylvania. KRAMER & KRAMER 10. Settlement to be at the oHice of YdBliinG4JC~~l!; Carlisle, Pennsylvania, on or before the 9th day of c~ Janu.ary ., 19L~L, at which time of settlement the Sellers shall tender to the Buyer a properly drawn and executed deed of genEll'al warranty, with federal tax stamps attached. This agreement shall be binding upon the parties hereto, their heirs and personal Npresenta. tives. This agreement shall not be assigned without the written consent of the parties hereto. lh1 liUUrl'D 1lIIl1rfrllf. the said parties have year first written ahove. hereunto set their hands and seals the day and ESTATE OF FLOYD L. SHREFFLER, DECEASED By .~~~~f;'M .),~re-~~'~~~"A~minitS,*lrix .----- (SEAL) " ') ./ - j . \- /"-{..<,./I t,,~,?/t;....vf . ~')[{:. ~"(.~-</L."! (SEAL) ---------_.__...--_._'.....-.~ (SEAL) Witness: ... , .. .... .. ALL that certain tr,act of land with improvements thereon erected si.tuate in South Middleton Township, Cumberland County, Pennsylvania, being known as Lots No. 36, 37 and 38 in Block "H" of' the Plan of Lots of' Fairfield recorded in the Office of the Recorder of' Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 80. CONTAINING 75 f'eet, more or less, in front on York Road and extending in even width a distance of 300 feet, more or less. BEING improved with a block and frame 1 1/2 story home and detached two car garage and being known and numbered as 363 and 365 York Road, Carlisle, Pennsylvania.