HomeMy WebLinkAbout04-16-79
IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
PETITION FOR COURT APPROVAL OF PRIVATE SALE OF REAL ESTATE
AND COMPROMISE OF CLAIM PURSUANT TO PROBATE, ESTATES AND
FIDUCIARIES CODE, 20 P.C.S.A. 5521
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Jay H. Brandt, court appointed guardian
of the Estate of Ethel W. Brandt, incompetent, of North Newton
Township, Cumberland County, Pennsylvania, by his attorneys,
Fowler, Addams & Shughart, and respectfully represents as follows:
1.
That your Petitioner is Jay H. Brandt, guardian of the
Estate of Ethel W. Brandt, under Order of Court dated January 26,
1979, a true and correct copy of which is attached hereto, made
a part hereof, and marked Exhibit "A".
2.
That Ethel W. Brandt is the owner of real property situate in
the Borough of Newville, and North Newton Township, Cumberland
County, Pennsylvania, containing 48 acres, more or less, as
shown in survey of Steven G. Fisher, registered surveyor, a
true and correct copy of which is attached hereto, made a part
hereof and marked Exhibit "B".
3 .
That, subject to the approval of Your Honorable Court,
your Petitioner has executed an agreement for the sale of the
parcel of real estate known as Lot No. 1 on the Plan of Lots
for Ethel W. Brandt, said tract of land being situate to the
north of Carlisle Avenue in North Newton Township, Cumberland
County, Pennsylvania, containing 3.522 acres, more or less,
a true and correct copy of which Agreement of Sale is attached
hereto, made a part hereof and marked Exhibit "C".
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4.
That the proposed purchasers of the above stated tract
of property are Larry D. Calaman and Cathy J. Calaman, his wife,
of 2470 Enola Road, Carlisle, Pennsylvania.
5.
That the proposed consideration for the sale of the afore-
said property, to wit, $58,900.00, is more than can be obtained
at public sale.
6.
That two qualified real estate appraisers have examined
the above described property and the above described Agreement
of Sale, that they are acquainted with the value of real estate
in the locality of such property, that they are not personally
interested in the proposed sale and that in their opinion the
proposed consideration is more than can be obtained a.t a private
sale, affidavits as to which facts are attached hereto, made
a part hereof and marked Exhibits "D" and Exhibits "E".
7.
That, subject to the approval of Your Honorable Court,
your Petitioner has executed an agreement for the sale of the
parcel of real estate known as Lot No. 2 on the Plan of Lots
for Ethel W. Brandt, said tract of land being situate in North
Newton Township and the Borough of Newville, Cumberland County,
Pennsylvania, containing 46 acres, more or less, a true and
correct copy of which Agreement of Sale is attached hereto,
made a part hereof and marked Exhibit "F".
8 .
That the proposed purchasers of the above stated tract
of property are Ronald L. Simons of 106 Charles Street, Carlisle,
Pennsylvania and Robert Noll of 1801 Ridgeview Drive, Carlisle,
Pennsylvania.
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9.
That the proposed consideration for the sale of the afore-
said property, to wit, $110,000, is more than can be obtained
at public sale.
10.
That two qualified real estate appraisers have examined
the above described property and the above described Agreement
of Sale, that they are acquainted with the value of real estate
in the locality of such property, that they are not personally
interested in the proposed sale and that in their opinion the
proposed consideration is more than can be obtained at a private
sale, affidavits as to which f~cts ~re attached hereto, made
a part hereof and marked Exhibits "G" and Exhibits "H".
II.
That both of the above described proposed Agreements of
Sale require that the Estate of Ethel W. Brandt take a first
mortgage from the Purchasers thereof, which taking of a first
mortgage in the amount of $48,000 as to the sale to Calaman
and in the amount of $93,500 in the sale to Simons and Noll,
is required for the following re~sons:
a. The difficulty in obtaining mortgage financing in
the present tight money climate; and
b. The capability of structuring the transactions to
qualify as installment sales under the Internal Revenue Code
thereby resulting in substantial tax savings for Ethel W. Brandt
regarding capit~l gains.
12.
That there are no liens or other incumbrances effecting
either of the properties.
13.
That your Petitioner believes ~nd therefore avers that
it will be in the best interest of the estate of Ethel W. Brandt
-3-
tK~K 10G j',',Cf 245
that her real property which is presently not productive of
income, be conveyed and that the proceeds therefrom be placed
at interest by your petitione-tl..1
14.
That Ethel W. Brandt is the condemnee in a condemnat,ion
of her land by the Borough of Newville, Cumberland County,
Pennsylvania, duly filed to No. 587 December Term, 1967.
15.
That on Petition of Jay H. Brandt, as attorney-in-fact
for Ethel W. Brandt, viewers have been appointed in the above
condemnation and a view has been held.
16.
That the condemnor, Borough of Newville, through its
attorney, Hamilton C. Davis, Esq., has made an offer of settlement
for the total sum of $9,000 including interest, costs and fees.
17.
That your Petitioners qualified real estate appraisers,
Ronald L. Simons and George L. Ebener, are both in agreement
that the total settlement for this amount is fair and would
be expected to be awarded by viewers and by a judge or jury.
18.
That 20 Pa. C.S.A. 5521 (16), requires that court approval
be obtained of a compromise in settlement of this matter.
19.
That the names and addresses of the next of kin of Ethel W.
Brandt who are sui juris and who would be entitled to share
in her estate should she now die Intestate are as follows:
a. Mr. Jay H. Brandt, 916 Gettysburg Pike, Mechanicsburg,
Pennsylvania 17055.
-4-
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b. Mr. Lee E. Brandt, R. D. 1, Newburg, Pennsylvania
17240.
c. Mr. Richard s. Brandt, R. D. 2, Newville, Pennsylvania
17241.
d. Mr. William H. Brandt, R. D. 1, Newburg, Pennsylvania
17240.
e. Josephine P. Nelson, 7 Bennett Avenue, rJIercersburg,
Pennsylvania 17236.
f. Carolyn A. Hendershott, 217 Williamson Avenue,
Greencastle, Pennsylvania 17225.
g. Janet L. Abram, 1 Buchanan street, Newville,
Pennsylvania 17241.
20.
That each of the above stated next of kin of Ethel W.
Brandt join in this Petition, asset forth on Exhibit "I" attached
hereto, made a part hereof and incorporated herein by reference
thereto.
21.
That it is not necessary that the aforesaid sales be made
in order to pay debts of the decedent; therefore no public
advertisement of the said sale is necessary.
22.
That your Petitioner has entered a Bond in the amount
of $10,000 as required by the Order of Court attached hereto
as Exhibit "A".
23.
That no inventory and appraisement has been filed by your
Petitioner in that your Petitioner is awaiting the Court's
decision on this Petition prior to fixing values as to the said
property of Ethel W. Brandt.
24.
That your Petitioners and his above named brothers and
sisters all request that no additional security be required
to be posted by your Petitioner in order to complete the sale
of Lots No. 1 and 2 of Ethel W. Brandt and to complete settlement
-5-
Bj;v~ i0S ;',~GE 248
of the above described condemnation action.
WHEREFORE, Your Petitioner prays Your Honorable Court:
a. To grant approval to permit your Petitioner to convey
Lot No. I of the Plan of Lots of Ethel W. Brandt to
Larry D. Calaman et ux for the sum of $58,900 pursuant
to the Agreement of Sale entered by and between the
parties;
b. To grant approval to permit your Petitioner to convey
Lot No. 2 of the Plan of Lots of Ethel W. Brandt to
Ronald L. Simons and Robert Noll for the sum of $110,000
pursuant to the Agreement of Sale entered by and between
the parties;
c. To grant approval to a settlement of the condemnation
action between Ethel W. Brandt and the Borough of
Newville to permit settlement of said matter for the
total sum of $9,000 in damages, interest and costs.
d. That Your Honorable Court waive the requirement of
the posting of any additional security by your
Petitioner.
Respectfully submitted,
By: ,
COMMONWEALTH OF P~NNSYLVANIA
COUNTY OF CUMBERLAND
Jay H. Brandt, 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 his knowledge, information
and belief.
Q1;/~
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Sworn and subscribed
before me this /(P-(!J..
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IN THE COU~T OF CO}!MON PLEAS OF
CUMBERLAND CQUNl'Y, PENNSYLV ~4\
QR;raAN.SY COURT Dl..VI~tm~: '.
N.O ,6.8 6. 01U>~tS' 19.:.7 8
INREl ".
ETHEL \of. B'RANDT
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'l"INAL 'ORDEROFCOURT
.
AND NOW, this 'C:<6.?=J...da,y of January', 19.78~. ~t' ~/~C:~'O~C19Ck':~Q, ~,~
upon consideration o~ th.e. attached Petition and a,ftet hearing ~he+'eon~
it is hereby ordered an.d decreedl qS: fol1<;>ws r
1. That Ethel W. Brandt he. a,nd she is hereby a,dju~ged
incompetentbecaus'eof merital .in;ei:rmi.ties:' o;E old age to manage 'her
property.
2. That Jay H. Brandt is hereby appointed; Guardian of the
a;.,"'.
Estate of Ethel W. Brandt.
3. That said quardian shall file an inventory and appraisement
pursuant to Section 5142 of' the Probate, Es~ates and Fiduciaries
Code.
4. That said Guardian K shalL'execute' and file a Bond in
the amount of Ten Thousand Dollars ($10.000.00) pursuant to
Section 5121 of the Probate, Estates and Fiduciaries Code.
5. That said Guardian is h~reby authorized to expend income
and principal from the Estate of said incompetent for her care,
maintenance, support, comfort and general welfare, without the
necessity of Court approval, and to pay the reasonable fees and
e~penses of this proceeding.
By the Cour.t,
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REALTOR
249.5555
~/}~. .'J IAG~EMENT OF SALE
JIlt) t.5 \
THIS AGREEMENT entered int8"this 17th day of February, 1979 ,by and
between Jay H. Brandt, ACf/!t.fri>~J ~Fl Pact for Ethel W. Brandt Estate
hereinafter called SELLERS, parties of the first part, and Larry D.Calaman and
cathy J. Calaman, 2470 Enola Rd., Carlisle, Pa.
hereinafter called PURCHASERS, parties of the second part.
IT IS MUTUALLY AGREED AS FOLIDWS:
SELLERS shall sell, grant and convey to PURCHASERS, who shall purchase and
acce~t the conveyance of the ~ollowing pro:ertY:All th~t certain tract of ground
front~ng along the north s~d~ of Carl~sle Ave. s~tuate in North Newton Twp.,
~umberland cty., Pa., appro~~ma~ely 362 f~. +/- and extending in depth approx-
~mately 450 ft. +/-, and be~ng ~mproved w~th a brick farm house barn and
several outbuildings and being the balance of the Ethel W. Brandt Est~te
and the following described personal property: S tt h d f bo . ,
ee a ac e survey or undar~es.
on the terms and conditions herein outlined.
1. PURCHASERS s~ll pay to SELLERS for the above described property the sum of Fifty-
eught thousand n~ne hundred ( $58,900 )-------------dollars, payable as follows:
$10,900 bi.' notFJ~g be paid on the signing of this agreement receipt of which is
hereby 9dkn~~i:-emrea~R. L. SIMONS, Agent for the parties of the first part, and the
balance of the purchase price $ $48,900. 00 -:i:n"""C'a'S'n-a-e--t:-ime-~-~HNH.-e&~ea:t-
Seller sha~l take back a fir~t mortgage on the above-described property in the
amount of $48,000.00 tobe pa~d as follows: Equal monthly payments amounting to
$386.51rwe~r~hi~r~~d~~eP~~~~t~~~ tatRS~~e~~ ~o8~ ~~ldai~e~~,~ot t~ exceed ~.~
yr~. 'lnS s~tt.lement sha'ti be made on or before May 9, 1979 ' al: ~t:h t:une of ~~c
settlement the SELLERS shall te~der to the PURCHASERS a properly drawn and e~ecuted ('J/~~
deed of general warranty conveY1ng to the PURCHASERS a good and marketable t1tle .~ ~
in fee simple, free and clear of all encumbrances, and shall deliver to the PURCHASERS ~AY IU,
possession of said premises on date of settlement,. and the PURCHASERS shall ~/~C f
pay the balance of the purchase price in cash.
3. The general warranty of title in deed shall be in lieu of all other warranties,
express or implied, except such warranties by the manufacturers of components contained
in the premises which are the subject of this agreement which are presently in force
and which are assignable to the PURCHASERS.
4. All current real estate taxes on said property to be pro-rated to date of settlement.
The risk by fire shall be carried by the SELLER until date of settlement.
5. It is agreed and understood, that the property herein described has been inspected
by the BUYER or the BUYER'S duly authorized agent; and that the same is or has been
purchased by the said BUYER solely as a result of said inspection.
6. All transfer taxes shall be divided equally between SELLER and BUYER.
7. This sale was brought about through the efforts of the R. L. Simons Agency.
. 8. It is agreed and understoo9 t~at the seller shall bear any expenses to
~nsure the PURCHASER that the ex~st~ng water system and heating system is in
gO'S9 ~ef8J:~ne:'tlfiQiM.<r.~RSl1ar~l\fhab4:W€tcP~o~yt~:f~a~.a deed, the hand money
previously.recited is to be repaid by the SELLERS to the PURCHASERS and this agreement
is to becomenull and void. In the event the purchaser fails to make settlement as herein
provided, the hand money herein mentioned may, at the option of the SELLERS be retained
as compensation for damages and expenses incurred, and this agreement is to became
null and void.
10. For the performance of this Agreement the parties bind themselves, their heirs,
executors, administrators, successors and assigns, as witness their hands and seals the
day and y~ar first above w;: i ttezz _ _' (
It Zr /..1" /lC~d /1~<< t;i,ve;('efz-S', ~ ' /Y/J; !r 7/-Il:" .s~1?4- $ 15/UU1- T~ P~e0 ~r
WITNESS: /?7oAr(j;;.~~ ,cQ/2- 1'9r.J 19~()/~~C""V/lt. oS ;;.~S_ ~QT{ ~ ~J~ NN'"", SlY
~,..Jr~5 vr,~';4... /0 CJ!;P'n./97rO.N o~ ;Ef,'5l;-,,,S /'n'0' ,/I"'\1:;//VI' ~f!..
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IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
AFFIDAVIT OF VALUE PURSUANT TO. Pa. O.C. RULES, No. 12.10
Commonwealth of Pennsylvania
County of Cumberland
William N. Baker, being duly sworn according to law,
deposes and says that he is a qualified real estate appraiser
in Cumberland County, Pennsylvania, that he has inspected the
real property of Ethel W. Brandt situate in Borough of Newville
and North Newton Township, Cumberland County, Pennsylvania as
set forth in plan of lots of Ethel W. Brandt filed in Cumberland
County Plan Book 34, page Ill; that he has examined and is familiar
with the contents of the Agreement of Sale between Jay H. Brandt,
guardian for the estate of Ethel W. Brandt and Larry T. Calaman,
etux dated February 17, 1979 and attached to this petition as
Exhibit "C", that he has examined the said property and the
improvements thereon, that he is acquainted with the value of
real estate in such locality, that he is not personally interested
in the proposed sale, and that, in his opinion, the proposed
consideration for the above described property, being lot No.
1 of the plan of lots of Ethel W. Brandt as recorded in Cumberland
County Plan Book 34, page Ill, is more than would be obtained
at public sale.
b)j~-:~- C1l,. ~~ --
[SEAL]
April 9, 1979
Date
Sworn and subscribed
before me this 9th day
of April , 1979.
~~ ~A '
OONNIE l. COYLE, Notary Public
~t. Holly ~P?s., ('rr,berland Co., p,.
Y Commission Expi:-es Aug. 23, lcjS1
Exhibit "D"
IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
AFFIDAVIT OF VALUE PURSUANT TO. Pa. O.C. RULES, No. 12.10
Commonwealth of pennsylvania
County of Cumberland
George L. Ebener,
being duly sworn according to law,
deposes and says that he is a qualified real estate appraiser
in Cumberland County, pennsylvania, that he has inspected the
real property of Ethel W. Brandt situate in Borough of Newville
and North Newton Township, Cumberland County, pennsylvania as
set forth in plan of lots of Ethel W. Brandt filed in Cumberland
County Plan Book 34, page Ill; that he has examined and is familiar
with the contents of the Agreement of Sale between Jay H. Brandt,
guardian for the estate of Ethel W. Brandt and Larry T. Calaman,
etux dated February 17, 1979 and attached to this petition as
Exhibit "C", that he has examined the said property and the
improvements thereon, that he is acquainted with the value of
real estate in such locality, that he is not personally interested
in the proposed sale, and that, in,his opinion, the proposed
consideration for the above described property, being lot No.
1 of the plan of lots of Ethel W. Brandt as recorded in Cumberland
County Plan Book 34, page 111, is more than would be obtained
f
at public sale.
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[SEAL)
April 9, 1979
Date
Sworn and subscribed
before me this 9th day
of Anril
, 1979.
.~v
~~N~I~L COYLE, Notary Public
Mt 0 y Spgs" (:'mberland Co P
Commission Expires Aug. 23: 1~82
Exhibit "E"
~ .
AGREEMENT OF SALE
THIS AGREEMENT, executed in duplicate this )lJlday of '
February, 1979, by and between JAY H. BRANDT, of Upper Allen
Township, Cumberland County, Pennsylvania, guardian for Ethel
w. Brandt, hereinafter called the SELLER, and ROBERT NOLL AND
RONALD L. SIMONS, of Carlisle, Pennsylvania, hereinafter called
BUYERS, W~TNESSETH:
1. The Seller agrees to sell, grant and convey to the
BUYERS and the BUYERS agree to purchase and accept the conveyance
of all that certain tract of ground situate in North Newton
Township and the Borough of Newville, having frontage along
Pa. Route 233 and Carlisle Avenue, containing 46 acres, more
or less, and being described as Lot No. 2 on Plan of Lots of
Ethel W. Brandt recorded in Cumberland County Plan Book 34,
page 111, a copy of which is attached hereto.
2. The BUYERS agree to pay for the above described real
property the sum of One hundred ten thousand ($110,000) Dollars
as follows: Ten thousand ($10,000) Dollars, by Judgment Note
upon the execution of this Agreement, the receipt whereof is
hereby acknowledged by the SELLER, which sum, as evidenced
by said Note the SELLER may reduce to judgment; execute upon
and retain as liquidated damages in the event of ,a default
in the terms and conditions of this Agreement by the BUYERS.
The balance of the purchase price shall be paid by a cash payment
at settlement ,of Sixteen thousand five hundred ($16,500) (which
payment shall redeem the Ten thousand ($10,000) Dollar Note
and entitle purchasers to a return of such Note) together with
BUYERS granting and conveying unto the SELLER a first mortgage
and bond in the amount of Ninety-three thousand five hundred
~X~lB{1 f
of ten (10) years, with +
dU~\V\5 f}-.e...f!,z51 \..ff(J~
7-i% simple interesti\ on Q~) '(OJ;
SIINI.{JIIG ).,tr~.e
JlA~V\c,
5u \o9oJvo. ~
($93,500), to be amortized for a term
interest payable thereon at a rate of
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the remaining unpaid principal balance, to be paid in equal
quarterly installments, each payment to be allocated first
to interest with a balance to be allocated to payment of principal.
Notwithstanding the said schedule of amortization, the first
mortgage and bond described herein shall be paid in full five
(5) years from the date of settlement, unless extended by written
agreement of the parties hereto. The mortgage shall also. provide
that no pre-payment of principal in excess of the amortized
amounts may be made during the first year of the mortgage.
3. The first mortgage described in the previous paragraph
will contain such conditions for release of portions of the
property within the lien of said mor,tgage, and that certain
parcels shall be released in order that it may be developed
and sold as may hereafter be agreed to by the parties to this
Agreement of Sale, in such a manner as to not impair the ability
of the remaining portions of the property to serve as adequate
security for the unpaid principal balance of the mortgage.
4. The within described tract of land shall remain substan-
tially in the same condition from the time of the signing of
this Agreement to this time of settlement; and the risk of
loss caused by any public taking or by fire or other casualty
shall be assumed by the SELLER until the time and date of settle-
mente
5. The within described tract of land shall be conveyed
free and clear of all liens and encumbrances, except easements,
rights-of-way, and building and use conditions and restrictions,
visible and/or of record.
6. Possession shall be given to the BUYERS at the time
of settlement.
7. All real estate transfer taxes shall be divided equally
between the parties hereto. All other taxes shall be pro-rated
as of the date of settlement.
-2-
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8. Title shall be good and marketable and such as will
be approved by an attorney of record of Cumberland County of
Pennsylvania.
9. Settlement shall be made at the offices of Dale F.
Shughart, Jr., Esq., 28 South Pitt Street, Carlisle, Pennsylvania
on or before June 1, 1979, at which time of settlement the
SELLER shall tender to the BUYERS a properly drawn and executed
deed of general warranty conveying to the BUYERS a good and
marketable title in fees simple, free and clear of all liens
and encumbrances, except easements, rights-of-way, and building
and use conditions and restrictions, visible and/or of record.
10. The BUYERS agree to obtain a survey of the property
herein proposed to be conveyed to them. The SELLER agrees to
pay the first Five hundred ($500) Dollars of the reasonable
surveyor's cost incurred by the BUYERS.
11. This Agreement is contingent upon SELLER receiving
the required approval of the Court of Common Pleas of Cumberland
County, Pennsylvania pursuant to the Estates, Probate and
Fiduciary's Code. SELLER agrees to promptly use his best efforts
to obtain such court approval. In the event SELLER obtains
the required court approval and BUYERS fail to complete settlement
due to the failure of either or both. contingencies set forth
in Paragraphs 12 & 13 the BUYERS shall. pay to SELLER his reason-
able fees and costs incurred in obtaining court approval, to
a payment maximum of $250.00.
. 12. This Agreement is further contingent upon BUYERS
obtaining approval from any and all required governmental bodies
for their proposed layout for sub-division of the 46 acres,
more or less, which cost shall be paid by the BUYERS who agree
to use their best efforts to obtain the necessary approvals
promptly.
-3-
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13. This Agreement is also contingent upon the BUYERS
requesting and obtaining a letter of intent from the Borough
of Newville and/or the Newville Borough Water and Sewer Authority
to permit the property which is the subject of this Agreement
of sale to be served by Newville Public Water and Public Sewer
provided that both utilities have sufficient capacity to serve
said property when specific requests are made for said service,
BUYERS agreeing to use their best efforts to. obtain the necessary
letters of intent without delay.
14. In the event SELLER is unable to convey by a general
warranty deed, or in the event the contingencies set out in
this Agreement are not met by the time of settlement, the note
given as downpayment as previously recited is to be returned
by the SELLER to the BUYERS and this Agreement is to become
null and void.
15. It is understood and agreed that this Agreement
of sale excludes and does not give any rights whatsoever to
the BUYERS which the SELLER may have due to condemnation of
a portion of the real estate by the Borough of Newville for
the Newville Borough Water and Sewer Authority for purposes
of constructing a sanitary sewage treatment facility thereon.
16. It is agreed and understood that Ronald L. Simons,
licensed Real Estate Broker, is acting as a principal in this
transaction and in fact is receiving a real estate commission
to be paid by the SELLER, described on the attached addendum.
17. This agreement contains the entire understanding
of the parties, and there are no representations, warranties,
covenants or undertakings other than those expressly set forth
herein.
18. It is the intention of the parties hereto to be
-4-
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legally bound hereby, and this Agreement shall be binding upon
the parties hereto, their heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above-written.
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,', J;ay H. Brandt,
Guardian for Ethel W. Brandt
62 /J . ~LLER
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Robent NOll~
BUYERS
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REALTOR
249.5555
36 S. PITT, ST.
CARLISLE, PA. 17013
Real Estate Commission on the Ethel W. Brandt farm as follows:
,.
$11,000 commission - $5,500.00 at settlement and balance
of which is to be paid as follows in equal quarterly
payments amounting to $332.32 ~hich inclUdes principal
and interest (7~%) and is to be paid in full five years
from date of settlement.
all?t
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Owner
for
Brandt
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Owner
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IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
AFFIDAVIT OF VALUE PURSUANT TO. Pa. O.C. RULES, No. 12.10
Commonwealth of Pennsylvania
County of Cumberland
William N. Baker,
being duly sworn according to law,
deposes and says that he is a qualified real estate appraiser
in Cumberland County, Pennsylvania, that he has inspected the
real property of Ethel W. Brandt situate in Borough of Newville
and North Newton Township, Cumberland County, Pennsylvania as
set forth in plan of lots of Ethel W. Brandt filed in Cumberland
County Plan Book 34, page Ill; that he has examined and is familiar
with the contents of the Agreement of Sale between Jay H. Brandt,
guardian for the estate of Ethel W. Brandt and Ronald L. Simmons
and Robert Noll dated February 21, 1979 and attached to this
petition as Exhibit "F", that he has examined the said property,
that he is acquainted with the value of real estate in such
locality, that he is not personally interested in the proposed
sale, and that, in his opinion, the proposed consideration for
the above described property, being lot No. 2 of the plan of
lots of Ethel W. Brandt as recorded in Cumberland County Plan
Book 34, page Ill, is more than would be obtained at public
sale.
~),-j~~,,~- 43. ~i._
[SEAL]
April 9, 1979
Date
Sworn and subscribed
before me this
9th day
of April, 1 q79.
,~~oY: 7JA
BONNIE L COYLE'
Mf. Holly SP9S (. N,o;ary Public E xh i bit II G "
My COmmjssio~ E~...'. er'Aand Co., PIJ.
.-Ires ug. 23, 1982
IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
AFFIDAVIT OF VALUE PURSUANT TO. Pa. O.C. RULES, No. 12.10
Commonwealth of Pennsylvania
County of Cumberland
George L. Ebener,
being duly sworn according to law,
deposes and says that he is a qualified real estate appraiser
in Cumberland County, Pennsylvania, that he has inspected the
real property of Ethel W. Brandt situate in Borough of Newville
and North Newton Township, Cumberland County, Pennsylvania as
set forth in plan of lots of Ethel W. Brandt filed in Cumberland
County Plan Book 34, page Ill; that he has examined and is familiar
with the contents of the Agreement of Sale between Jay H. Brandt,
guardian for the estate of Ethel W. Brandt and Ronald L. Simmons
and Robert Noll dated February 21, 1979 and attached to this
petition as Exhibit "F", that he has examined the said property,
that he is acquainted with the value of real estate in such
locality, that he is not personally interested in the proposed
sale, and that, in his opinion, the proposed consideration for
the above described property, being lot No. 2 of the plan of
lots of Ethel W. Brandt as recorded in Cumberland County Plan
Book 34, page 111, is more than would be obtained at public
April 9, 1979
Da-te
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[SEAL]
sale.
Sworn and subscribed
before me this
9th day
of April 1979.
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BONNIE l COY'E N - Exhl bl t "H"
, . L" _ otarv Public
Mt. Holly ~P?s., C'rbe~l~nd Co., P..
My Commission Expires Aug. 23, 1982
IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
JOINDER IN PETITION
We, Lee E. Brandt, Richard S. Brandt, William H. Brandt,
Josephine P. (Brandt) Nelson, Carolyn A. (Brandt) Hendershott,
and Janet L. (Brandt) Abram, having reviewed the above attached
Petition and being familiar with its contents and with the pro-
posals set forth in the Petition do hereby join Jay H. Brandt,
guardian for the Estate of Ethel W. Brandt in requesting Your
Honorable Court approve the requests of his Petition:
a. To grant approval to permit the Petitioner to convey
Lot No. 1 of the Plan of Lots of Ethel W. Brandt to
Larry D. Calaman et ux for the sum of $58,900 pursuant
to the Agreement of Sale entered by and between the
parties;
b. To grant approvaJ to permit the Petitioner to convey
Lot No.2 of the Plan of Lots of Ethel W. Brandt to
Ronald L. Simons and Robert Noll for the sum of $110,000
pursuant to the Agreement of Sale entered by and between
the parties;
c. To grant approval to a settlement of the condemnation
action between Ethel W. Brandt and the Borough of
Newville to permit settlement of said matter for the
total sum of $9,000 in damages, interest and costs.
d. That Your Honorable Court waive the requirement of
the posting of any addi tional security by the Peti t,ioner.
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Lee E. Brandt
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Richard S. Brandt
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Josephine P. (Brandt) Nelson
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CaroJgn A. (Brandt) Hendershott
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J t L. (Brandt) Abram
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Sworn and subscribed before me,
this 1M day Of~, 1979.
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Exhibit
"I"
IN RE:
ETHEL W. BRANDT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 686 ORPHANS' 1978
AND ~OW,
o'clock P.M.,
PRELIMINARY ORDER OF COURT
this I~zi.. day of ~ ' 1979, at /: ~tJ
upon consideration of the attached Petition and
on motion of Fowler, Addams & Shughart, attorneys for the peti-
tioner, a hearing on the requests of the said petition is hereby
scheduled to be held on~. t.he .5od day of ~.
1979, at/p:t}fJo'clock, ~.M., prevailing time, in Court Room
No. 0< at the Court House, Carlisle, Cumberland County, Pennsyl-
vania.
It appearing that the said Petition is not presented to
cause the requested sales of real estate to have the effect
of being judicial sales, therefore no public notice of the hearing
is required.
It further appearing that the next of kin of Ethel W.
Brandt are specifically joined in this Petition, no notice of
the within proceeding shall be required to be given to them.
BY THE COURT,
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