HomeMy WebLinkAbout04-02-80
McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PEN NA.
.
IN RE: ESTATE OF ARTHUR BOWERMASTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-661
OR,DER
.
AND NOW, this 2.-0\- day of ~
, 1980, upon consideration
of the within Petition for Approval of the Sale of Real Estate, and Motion of
Sally J. Winder, Attorney for the Estate of Arthur Bowermaster, Deceased, it is
ORDERED and DIRECTED, that the Sale of Real Estate be and hereby is approved
and confirmed upon the terms and conditions as provided in the Agreement of
Sale.
By the Court,
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MCCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
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IN RE: ESTATE OF ARTHUR BOWERMASTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-661
PETITION FOR APPROVAL OF THE SALE OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Come now, the Co-Executrices of the Estate of Arthur Bowermaster, Retha M.
Bowermaster and Carolyn J. Vaughn, by and through their counsel, McCrea and
Davis, and represent as follows:
1. A petition for public sale of real estate was filed with this Court
January 15, 1980; hearing was held February 4, 1980; and by Order dated Febru-
ary 4, 1980, Petitioners were authorized to sell real estate situate in South
Newton Township, Cumberland County, Pennsylvania.
2. Notice of sale of said real estate was published in The News-Chronicle
once a week for five consecutive weeks, and also published in the Public
Opinion and The Guide.
3. Notice was also given either by personal notice or letter to all
parties interested in the Estate.
4. Public sale of the premises was held March 15, 1980, at 1:00 o'clock
p.m. on the premises.
5. The price obtained at public sale was $10,000.00 which amount is the
best price obtainable under the circumstances and considering the condition
of the property.
6. The highest bidders and purchasers of the said property are Leroy A.
and Frances C. Durff, R. R. #2, Shippensburg, Pennsylvania, as set forth in
the copy of the Agreement of Sale marked Exhibit A and attached hereto.
WHEREFORE, Petitioners pray this Honorable Court approve and confirm the
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
Agreement of Sale.
sale of real estate under the terms and conditions as set forth in the attached
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Respectfully submitted,
McCREA & DAVIS
per:
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sally.{l Winder, Attorney for the
Estate of Arthur Bowermaster
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Carolyn J. Vaughn, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing Petition for Approval of the Sale of
Real Estate are true and correct to the best of her knowledge, information and
belief.
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~~~nf~~~~nd subscribed before me this
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;.:~i~'..~)}~~lle, Cumberi~nJ Co., Pa,
': ~r1';>~lhtv\Y Commission Expires Sept. 6, 1982
MCCREA & DAVIS
ATTORNEYS AT LAW
NEWVillE & SHIPPENSBURG
PENNA.
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l\GREEMENT OF Sl\LE
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THIS AGREEMENT, made and entered into this /.J /i\ day of Harch, 1980,
by and between Carolyn J. Vaughn and P.etha M. Bowermaster, CO-Executrices of
the Estate of Arthur :E3Ovvermaster, deceased (hereinafter referred to as "SEIJERS')
and
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, (hereinafter referred to as
'PUROIASER") .
PUID-ll\SER hereby agrees to buy that improved real estate ("property")
situate in the TONnship South Ne'i;\rton, C1Jr,:1berland County, Pennsylvania,
described on the Appendix to Exhibit"A"hereinafter identified, for the sum
of
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($/~,1ihl,(JO) upon the "Conditions of Sale",. attached hereto as Exhibit "A"
and hereby made a part hereof by reference and additionally under the terms
and conditions as ::ollows:
1. PillQIASE PRICE
DeJX>si t at slgnlng of this Agreerrent, receipt of
which is hereby acknowledged -
Deposit (10% of total price)
$
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Cash at Settlement
$ ..1,.:' /t, () t )
Total Price
$ IL) .\),) ()(l
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Upon failure of the Purchaser to make settlement for any reason on or before
settlement date as herein provided, the amount paid by purchaser into escrow
shall be forfeitccl to Seller as liquidated darrages, ancl, in addition thereto,
Seller reserves the right in its discretion to seek specific perfo~ce on
McCREA & DAVIS
this contract or to resell the property in the manner set forth in Iter.1 No. 6
ATTClRNEY~ AT LAW
HE.'!:Ll' & SHIPP'NSBURG I of the afore said "Conditions of Sale".
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EXHIBIT "A"
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MCCREA & DAVIS
ATTORNEYS AT LAW
NEWyllLE &. SHIPPUlSBURG
PEliIU.
2. SE'ITlEl\1EJ'J'J' - Settlerrent lS to be made as provided In the Conditions
of Sale.
3. TRAl'.JSFER TAXF..8 - Real Estate transfer taxes shall be paid as provided
In the Conditions of Sale.
4. POSSFSSION - Possession is to be given as provided In the Conditions
of Sale.
5. ADJUSTI'lENTS - All the annual real estate taxes are to be apportioned
as provided in the Conditions of Sale.
6. RISK - Seller assurres the risk of loss or damage through fire or
other casualty prior to settlement.
7. TI'I'lE - Title is to be given as provided in the Conditions of Sale.
8. DEDOSITS - All deposits accepted shall be retained in escrow with
M:CREA & DAVIS, Attorneys for Seller, pending the consunrnation or tennination
of this contract.
9. ASSIGNMENT - Purchaser may not assign his or her interest herein
wi thout the prior written approval of Seller.
10. COURr APPROVAL - This Agreement is specifically conditioned upon
approval by the Orphan's Court Division, Court of Carmon Pleas of Cunberland
County,Pennsylvania, in connection with the restrictions upon the sale of this
real estate as provided by the Bill of l\rthur Bowermaster and in confonnance
with the Laws of the Comrmnwealth of Pennsylvil.nia. In the event that Court
approval of this sale of reLll estate shall not be forthcoming, this contract
shall become null und void and all deposits made in accordance with this
Agreement shall be returned to Purchaser.
IN WITl\JESS ~'1HEREOF, the said parties have hereunto set their hands and
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVIllE & SHIPPENSaURG
PENNA.
'.
seals intending to legally bind themselves, their heirs, personal representa-
tives, successors and assigns.
SELLERS: Carolyn J. Vaughn, Executrix, and Retha M. ~ermaster,
Executrix, Estate of Arthur Bowe:rma.ster, r~ceased, by:
l'Ii tness :
Sellers:
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Carolyn J. Vaughn,-'Executrix
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Retha M. ~e:rma.ster, Executrix
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McCREA & DAVIS
ATTORNEYS AT lAW
NEIlJlLlE C. SfilPPlN5BURG
PEt-BU..
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CONDITIONS OF SALE OF REAL ESTATE
The follONing are the conditions of the sale:
1. DESCRIPI'IOI'I OF PROPERlY
See Appendix hereto which by reference is nade a part hereof.
2. PROCEDURE OF SALE - The auctioneer nay hold a bid. The highest
bidder or bidders for the property shall be declared by the auctioneer
to be the purchaser thereof. Seller hereby reserves the right to refuse and
reject any and all bids.
3. 'I'ERHS OF PAYMENT - The purchaser shall pay ten (10%) percent of the
purchase prlce at the tirre the property is struck down to the Purchaser
by the auctioneer, either in cash or by certified check, or by other check
acceptable to the Seller, and the balance of said purchase price shall be paid
to the Seller at settlerrent to be held at 9: 00 a. m. on M::mday, April 14, 1980,
in the offices of McCrea & Davis, Attorneys at Law, 24 ~'7est King Street,
Shippensburg, Pennsylvania, or at such other tine and place as J11Utually agreed
upJn by the parties hereto.
4 . 'fAX PROR1\TION- All County, 'It1.vnship and School District Real Bstate
Taxes shall be apportioned to date of settlement.
5. TRANSFER TAXES - Real estate transfer taxes shall be borne equally
by Seller and Purchaser.
6. DEFAULT - If the Purchaser fails to comply with these terms and
conditions, the Seller PlaY se(?k speci fie pcrformnce or my effect a resale
of the said property ill imy tim:' Lll<'n',lFb'r, ancl tJ1C' Purchaser shall forfeit
absolutely to the Seller the arrDunt paid at the tirre the property is struck
down by the auctioneer, to wit, ten (10~i) fe:rcent .oE.the.plJ,rchase price
as asselsed
Seller
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as liquidated da:m.3.ges, and in addition, the Purchaser shall pay to the
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EXHIBIT A
McCREA &. DAVIS
ATTORNEYS AT LAW
NUNILLE r;. SHIPPENSBURG
PENNA.
".
...
any loss sustained by the Seller in the event that the costs of resale of
of the property and loss of profit on resale are in excess of the said
forfeited arIDnnt.
7. TITLE - The title to said property is to be good and marketable,
free of liens and encumberances (excepting zoning regLuations, reservations,
rights-of-way, easerrents and restrictions of record) , and to be conveyed
by an executor's deed. If Seller is unable to deliver such title at final
settleTIP.nt r then the sale may be declared null and void and of no effect
by the Durd1.aser r and the ten (10%) percent paid on acconnt of the purchase
price shall be returned to the Purchaser.
8 . COr.-:roITIOt.J - The conveyance of the property is rrade by description
and contents as per deed of Arthur BCMermster dated June 21, 1944, and
recorded in the Recorder of ~e13 office of the County of CUrrberland, DeeC1
Book U.. Vclm-e 12, Da0e 445, and that being the sarre property per the
snrvrv of ThOT'HS 1\. ':eff, R. S., (1atecl. I10verber 2, 1979.
g. "OSS~S()I()Tr T'0:,scssion shClll be qi \lcn at sett_lenent.
10. COUr?T J\pnmW\L--- 'rhis sale of real estate shell be ~Decificall '.'
condi tioned upon annroval -to be obtained by the Court of Corron PleaB of CUJ1:i,_.
}}:~diUl( ~Otmi:y,
Pennsylvania, Orphans I Court oi vision. 2.S required by t.he
restrictions in the vIllI of Arthur Bo.venaster and the laws of the ComroDHealt!
of Pennsylvania regarding such restrictions.
'nm~;T': TEn C()N[JI'T'TON~; (Nfl) 'nm 1\PPl-:nnTX Tlf.:m'i1'O) ('OtJSTT'l'lfl'T': 1\N T1'l'l'fo~r.n1\r.
PN\'I' OF 'nill 1\GREF..MENT OF S1\J.E DA'l'ED t1l\ROI 15, 1980, '1'0 h'HICH THEY ARB A'IT7\C1IEI'
AS AN EXIBI'1' AND BY REFERE!lCE MADE A PARI' THEREOF.
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EXHIBIT A
~
McCREA & DAVIS
ATTORN[(!i AT LAW
NU,'VllLE &. SHIPPEI-ISBURG
PENNA.
'.
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DESCRIPTION OF POOPEPTY
AIL that certain tract of land with the builctings and inDroverrents
thereon erected situate in the Township of South Newton, County of
Cumberland and Corrmnwealth of Pennsylvania, bounded and described as
follows:
BEGHJNING at a point ma.rked by a stake on the public highway locally
known as the Pine Grove Road, at corner of lands of Hilliam J. Neron,
Dunlap, and .Mrs.Meyers~ thence in a Northwesterly direction by the
center line of said pine Grove road and lands of ~^lilliam J. Neron,
adjoining on the East side of said road, two hundred eighty-nine (289)
feet to a stake in the line of other lands of Elrrer Bowennasteri thence
in a Southwesterly direction by said other lands of Elmer Bowermaster,
eight hundred eleven (811) feet to a point rrarked by a stake in line of
lands of Pat Brannon; thence in a Southeasterly direction by said
Brannon lands, two hundred eighty-nine (289) feet to a point marked by
a stake corner of the property hereby conveyed and lands of Mrs. ~yers
and Pat Brannow thence by said ~yers land in a northeasterly direction
eight hundred eleven (811) feet to the place of BEGINNING.
BEING the sare premises which Elr'er G. Bowermaster and Nellie E.
Bowermaster, his wi fe, by their deed dated ,Tune 21, 1944, and intended
to be recorded, conveyed to Arthur Bowermaster and recorded in
the recorder of Deeds Office in and for Cumberlano County, Pennsylvania,
Deed Book "U", Volurre 12, Page 445.
APPENDIX