HomeMy WebLinkAbout01-08-79
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IN RE THE INTERESTS OF
ANGELA K. NORRELL and
BARRY J. NORRELL, JR.,
Minors
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 145 Orphans 1978
AND NOW, this
ORDER
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01;- day of January, 1979, upon motion
of Sylvia H. Rambo, Attorney for Petitioner, leave is hereby
granted to Lucille M. Bair, guardian of the property of Angela
K. Norrell and Barry J. Norrell, Jr., minors, to convey the
real estate set forth in paragraph 3 of the within Petition
to Carlisle Building and Loan Association.
BY THE COURT,
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IN RE THE INTERESTS OF
ANGELA K. NORRELL and
BARRY J. NORRELL, JR.,
Minors
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 145 Orphans 1978
PETITION FOR LEAVE TO CONVEY REAL ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. Your Petitioner is Lucille M. Bair, an adult individual
who resides at 110 Front Street, Shiremanstown, Cumberland County,
Pennsylvania.
2. On March 14, 1978, your Petitioner was appointed guardian
of the property of the minors, Angela K. Norrell and Barry J.
Norrell, Jr. A copy of said Petition and Order is attached hereto
and made a part hereof.
3. The property subject to the guardianship is real estate
located in South Middleton Township, Cumberland County, Pennsylvania.
A copy of the description of said property is attached hereto
and made a part hereof.
4. Said property was partially destroyed by fire on
February 26, 1978.
5. Said property was insured by Chester County Mutual
Insurance Company.
6. Said Company now denies coverage on said property based
on a clause on Page 2, lines 28-32 of the policy that states that
the insurer shall not be liable for loss occurring "while the
hazzard is increased by any means within the control or knowledge
of the insured."
7. Your Petitioner filed suit against said Company to
No. 4640 civil 1978.
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8. As a result of the investigation by your Petitioner,
it is expected that the insurer will defend on the basis that
the insured, Nancy Norrell, set fire to the house to commit
suicide and therefore, be excluded from coverage.
9. The real estate is presently encumbered by a mortgage
to Carlisle Building & Loan Association, which mortgage is in
default in the amount of $30,300.00.
10. Your Petitioner does not have any assets on behalf of
said minors to pay the mortgage payments during the course of any
litigation, thereby placing the property in a position for
mortgage foreclosure.
11. Your Petitioner has been unable to sell the property
in its present condition.
12. The cost of repairs to said property are estimated at
$21,875.00.
13. The insurance company is willing to pay this sum to
the mortgagee, Carlisle Building & Loan Association.
14. The said mortgagee is willing to accept a deed for said
property in lieu of foreclosure.
15. Your Petitioner believes that it is to the best interest
to terminate the suit to No. 4640 Civil 1978 and convey said
property to the mortgagee for the following reasons:
A) The pending litigation, even if successful, will
be lengthy causing the interest on said mortgage to increase;
B) There are no assets to pay said mortgage;
C) The property when repaired and sold would not be
expected to make a profit;
D) The cost of repairs will continue to increase during
said litigation.
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16. Said insurance company will pay to said minors approximately
$1,800.00 for loss of personal property.
WHEREFORE, your Petitioner requests your Honorable Court to
grant leave to your Petitioner to convey the real estate set forth
in Paragraph 3 hereof to Carlisle Building & Loan Association,
said deed being given in lieu of foreclosure.
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'SY1:)al~. R~;;'!/~:?:~
Attefney for Petitioner
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COMMONWEALTH OF PENNSYLVANIA)
ss.
COUNTY OF
LUCILLE M. BAIR, being duly sworn according to law,
deposes and says that the averments of the within Petition are
true upon the affiant's personal knowledge or information and
belief.
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Lucille M. Bair
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IN RE THE INTERESTS OF ::
ANGELA 1(. NORRELL and BARRY J. l:
NORRELL, JR., Minors : :
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IN THE COURT OF COMMON PLEAS
OF CUMBERIAND COUNTY, PENNA.
ORPHANS' COURT DIVISION
NO. liI,,- [)'fJa..\" I q 'If
ORDER OF COURT
AND NOW, this ILjtk day of March, 1978, upon motion of
Barry J. Norrell, by his attorney, Sylvia H. Rambo, Lucille M. Bair
is hereby appointed as guardian of ~he property of Angela 1(~ Norrell
and Barry J. Norrell, Jr., said property specifically as set forth
in the within Petition in Exhibit A.
The said' Lucille M. Bair is hereby exempt from pos~in9 bond.
The said Lucille M. Bair shall hold such property as
guardian under the following conditions:
1. Upon completion of the fire damage repairs to said
.
real estate, the property is to be placed for sale:
2. Approval of this Court must be received for said sale,
3. The net proceeds of said sale shall be deposited in
a depository insured by FDIC, depOsited .in the name of Lucille M.
Bair, Guardian of the property for Angela 1(. Norrell and Bar~ J.
Norrell, Jr., said funds not to be wi~drawn until age 18 or upon.
order of court.
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BY THE COURT,
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rJi~Y mOM' RECORO
A TRUE.c" ',i ,(",eur'O;;'lll1yhana
InTestlmonY~~ i~U:1 at c,.}.i~ie. Pa.
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. BOOK 234 pm 245
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IN RE THE INTERESTS OF
ANGELA K. NORRELL and BARRY J.
NORRELL, JR., Minors
: :
IN THE COURT OF COMMON PLEAS.
OF CUMBERLAND COUNTY, PENNA.
ORPHANS' COURT DIVISION
NO.
: :
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II
PETIT! ON FOR THE APPOINTMENT. OF A GUARDIAN
OF THE PROPERTY OF MINOR CHILDREN
TO THE HONORABLE, THE JUDGES OF SAID COURT I
1. Your Petitioner is Barry J. Norrell, an adult individual
who resides at 710 North Hanover Street, Carlisle, Pennsylvania.
2. Your Petitioner is the natural father of Angela K.
......
Norrell, born August 19, 1967, and Barry J. Norrell, Jr., born
November 16, 1973. Said minors reside with your Petitioner.
3. The natural mother of said minors was Nancy L. Norrell,
who died February 26, 1978.
4. Your Petitioner and the deceased owned real estate as
tenants by the entireties in South Middleton.Township, Cumberland
County. A copy of the deed to said property is attached hereto
as Exhibit A.
5. Your Petitioner desires to transfer, all his right, title
and interest to said property to the aforesaid minor children.
6. Your Petitioner re~~ests the Court to appoint Lucille
M. Bair, of Shiremanstown, Cumberland County, Pennsylvania, as the
guardian of the within specific property, i.e., the. real estate
in South Middleton Township, Cumberland County, Pennsylvania.
7. Lucille M. Bair is an adult individual who is the
great aunt of the minors and has no adverse interest to said children.
8. Your Petitioner,requests that no bond be required to be fil
by the.proposed guardian.
9. The value. of said property has been unascertained as
the same was partially destroyed by firs'.on February 2.6, 1978.
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BOOK. 234 PAGE 2.H>.
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10. Your Petitioner will assign all his right, title and
interest to the fire insurance policy covering said property to
Lucille M. Bair upon her appointment as guardian.
11. The property is encumbered by a mortgage to Carlisle
Building and Loan Association, with a present balance of $2g,36S.17.
12. The estate of Nancy J. Norrell will have sufficient
assets to pay the mortgage payments through the time of reconstruction
of the damaged real estate.
13. The real estate is to be sold upon completion of the
construction.
14. Your Petitioner proposes that the appointment be subject
to the following requirements in lieu of bond:
A. Upon completion of the fire damage repairs, the
property be placed for sale:
B. Approval of your Honorable COurt be received for
said sale:
C. The net proceeds of said sale be deposited in a
local depository insured by FDIC and deposited in the
name of Lucille M. Bair. Guardian of the property for
Angela K. Norrell-and::Barry J. Norrell, Jr., not to be
withdrawn until age 18 Or upon order of court.
WHEREFORE, your Petitioner requests your Honorable Court
.
to appoint Lucille M. Bair as guardian of the specific property
set forth herein for Angela K. Norrell and Barry J. Norrell, Jr.,
minors, and subject to the terms and conditions herein.
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BOOK 234 PAGE 2-1'7
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State of ~ennsylvania)
SS.
County of Cumberland )
Dl\R'llY J. NORIn:r.T., 1>0 in'] duly Dworn IlcClortHnl1 to law, (I@POllO.
and says that the averments of the within Petition are true upon
the affiant's personal knowledge' or information and belief.
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Sworn to and Subscribed
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before me this \ \\\ day
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LAVANI 1.. .BRt!C.I:::l.,t;,ct.=.JIlr ?UDUC
$Ounv.~PTON TO\.'lNS~H? fRANXUN co.,
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~tiHe 01 ":'N1flsyIV,:H'ln ,
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l..()unty of CL;mberl;4p(1 I '. .
Recorded II" .the L\f'fIU: for), thf' "~('or1Ing :_of U(~ed~
e~" ,n, and to' l:urr't" I~no! (ou,tv r,"
In,ImWtlook ~,_ IIUI .:!.,31/ -'i'R' .;J~5
..."tness my hand;;t l)ea! ( ,')ffICl' a~"'-
CarliSle. 1-'8, 11115 /~I1B~ of ~i9 '7~
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, Recorder
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BOOK 234 P^GE 2-18
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.1[11(11' IIIe /1 da[/ of J~!.-.
.\'iuetf'C1/ IIl/udred aud seventy-eight
, in tile year
~C~111tCl~ BARRY J. NORRELL, single man, of the Borough of
Carlisle, Cumberland County, Pennsylvania,
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to
LUCILLE M. BAIR, guardian of the property of Barry J. Norrell,
Jr., and Angela R. Norrell, minors, of Shiremanstown, Cumberland
County, Pennsylvania,
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~ihlCff!ieHt, That in consideration 01
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Dollars,
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One Dollar ($1.00)
in hand paid, the receipt whereof is hereby acknowledl1ed, the laid I1rantor do es
her~by ~rant and conrey to the said I1rantee .
her
heirs and a88il1ru,
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ALL that certain tract of land with the improvements thereon
erected, situated in South Middleton Township, Cumberland
Connty, Pennsylvania, bounded and 'described as follows:
BEGINNING at a point on the Northern side of Hillcrest Drive,
on the dividing line between Lots Nor.. 27 and 28 on the herein-
after mentioned Plan' of Lots: thence by said dividing line, North
4 degrees 44 minutes West 150.26 feet to a point: thence North
85 degrees 16 minutes East 110 feet to a point: thence
by the dividing line between Lots Nos. 26 and 27 on said Plan
of Lots, South 4 degrees 44 minutes East 150.26 feet to a point
on the Northern side of Hillcrest Drive: thence by the
Northern side of Hillcrest Drive, South 85 degrees 16 minutes
West 110 feet to the place of beginning.
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BEING Lot No. 27 of Section "A" of the Plan of Lots known as
Force Road Acres, as recorded in the Office of the Recorder of
Deeds for Cumberland County in Plan Book 22, page 171.
BEING improved with a brick and aluminum ranch dwelling house
with attached gargge.
BEING the same property conveyed by Gary F. Gilliam and
Carolyn L. Gilliam, his wife, to. Barry J. Norrell and
Nancy L. Norrell, his wife, by deed dated April 30, 1976, and
recorded in Cumberland County Deed Book 0, Volume 26, page 192.
Nancy L. Norrell died February 26, 1978, thereby vesting title
in Barry J. Norrell, surviving tenant by the entireties.
SUBJECT, However to the restrictions and conditions recorded in
the office aforesaid in Misc. Book 166, page 512, except ~s
follows:
1. Any dwelling house constru~ted on said lot shall not have
less than 1100 sqUare feet of living area.
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2. The exterior dimensions of any ranch type dwelling
constructed on stlid lot shall be not less than 26 feet by
44 feet, excluding garage and carport.
3. A garage or carport at least 14 feet wide shall be
erected with any dwelling house.
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UNDER and subjeect to the mortgage given by Barry J. Norrell
and Nancy L. Norrell to Carlisle Building & Loan Assoc. Said
mortgage dated and recorded on April 30, 1976, in Mortgage
Book 603 - 216.
The appointment of Lucille M. Bair as guardian of the
property of Barry J. Norrell, Jr., and Angela K. Norrell is
recorded in Cumberland County Orphans Court Docket
, and further recorded in the Recorder of Deeds Office
in Miscellaneous Docket page .
.
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;a.ll~ thl1SlIid ~rantor
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generally
the propl1rty her~by conveyed.
~ n ~nilnr:M:M ~11htl.t41fJ Raid ~rantnr
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"'dUdnt
ha ,hereunto ",M" hand,
am/ .~l1al
the day and lIear ftr"t above written.
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U;"mm"n'Wt<1lU? "f 1Jtnn&1!!"~t\id
~Illlt\l\l Ilf Cumberlan~
0.. tltiH, lite /i day of ,
the 'lI"dpr!fi~nf'rl officer, per.,onally a,!ppart'tl
#:J~/~, . _
?t/7t:.-;~ J. NOrrell
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knowlllo IrW (or Jtali.'f/ttf'loril!l prOI'tw.)tu I)I~ thp perRon wJUJ.fI(~ n(I"U~ is lfuh.'Icribf'd to the wit IUra
iIlJft""n~nt, (l1ul a('knllll'lrd~p.d that he pxecllt,.d the J!(Hne lor the purpo"t! therein contained.
IN WITNI<,:SS WIU:IlEOF. I haue hereunto .~tmy 'rnd and offlcLal Heal.
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On tlti., the
day ul
the undu.i~ned ulllc~r. p".onal/v. appeared
19 78 , b~fur" me
Barry J. Norrell, single man,
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, befure me
k,UIWII ill ,,,,,(of'/lutilfl(l('/of'U/lIIf',,,'('n) to I,,. thi' p",.'l'un\ who..,. nt,n",. IfICI,.tcribtd to th,. ",;Oalll
I"""II,,,ttnt, (lIul flrkttowlrddt'tllluII Itl' f'zf'mltt't1 t1J(~ ~umt'!'IQ" lIu' P"'poA8 'h~,.tin f'olllalrat!d. .
IX WIT.lO;.~S WIUaU:OF. I "aue hereunto .~t my hand ami '.eal.
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