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IN THE ORPHANS' COURT OF HASHINGTON COUNTY, PENNSYLVANIA
IN RE: ·APPOINTMENT OF GUARDIAN Ori~~Pet.&Order ;iled atJ-
SEE FILE NO • · l FOR LESLI MARIE BERTOCCI,
ROSEMARY BERTOCCI, BARTLETT ·
. BERTOCCI, JILL BERTOCCI and
CLIFFORD BERTOCCI
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0 R D E R
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-~..: . j·/-· _:J _,// AND NOH, .this /0 day of 'Si:;lt-···;.,( /(!"' .· / fl '
consideration of the annexed Petition, MelloN National
1968,
Bank
Trust Company is appointed guardian ~f the estates of Les l:t
Marie Be_rtocci, Rosemary Bertocci, Bartlett Bertocci, Jill
Bertocci and Clifford Bertocci.
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IN THE ORPHANS 1 COURT OF
WASHINGTON COUNT ... ~ PENNA.
NO. L3 t3-//)U~
IN RE: PETITION FOR SALE
OF REAL ESTATE OF LESLI
MARIE BERTOCCI, ROSEMARY
BERTOCCI, BARTLETT BERTOCCI,
JILL BERTOCCI and CLIFFORD
BERTOCCI, minors, by ROSE
BERTOCCI, Trustee under the
Uniform Revised Price Act
PETITION FOR SALE OF REAL
ESTATE UNDER THE REVISED
PRICE ACT
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WOODWARD AND BASSI
ATTORNEYS AT LAW
701 MCKEAN AVENUE
CHARLEROI, PENNSYLVANIA 15022
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: PETITION FOR SALE OF REAL • .
ESTATE OF LESLI MARIE • .
BERTOCCI, ROSEMARY BERTOCCI,:
BARTLETr BERTOCCI, JILL • NO. • BERTOCCI, and CLIFFORD • .
BERTOCCI, minors, by ROSE
BERTOCCI, Trustee under the • .
Uniform Revised Price Act • .
PETITION FOR SALE OF REAL ESTATE
UNDER THE REVISED PRICE ACT
TO THE HONORABLE PRESIDENT
JUDGE OF SAID COURT:
o.c.
The Petition of Rose Bertocci and Mellon;National*Bank
respectfully represents:
1. The name of your Petitioner is Rose Bertocci, who
is the grandmother of the following minors: Lesli Marie Bertocci,
Rosemary Bertocci, Bartlett Bertocci, Jill Bertocci and Clifford
Bertocci, and resides at 125 Gibson Avenue in the Borough of
Bentleyville~:Washington County, Pennsylvania.
2. Your other Petitioner is Mellon National Bank and
Trust Company, a Pennsylvania corporation duly chartered and
operating as a national bank having trust powers in the Common-
wealth of Pennsylvania and who was appointed guardian of the
minors to this proceeding at No. --------o.c. found on September
10, 1968.
I
3. The Petitioner, Rose Bertocci, acting for and•on
behalf of said minor children acquired title to the real estate
described hereinafter in the Borough of Speers, Washington County,
Pennsylvania, from Wilbur D. Steel and Loretta M. Steel, his
wife, under date of October 3, 1966, at Deed";Book Vol. 1247, page
186. The premises are more fully described in Exhibit "A"
herefo attached and made a part hereof.
4. Acquisition of the title to said premises was under
the following terms and statement: Rose Bertocci, Trustee for
Lesli Marie Bertocci, Rosemary Bertocci, Bartlett Bertocci, Jill
Bertocci and Clifford Bertocci.
5. The cestuilque trustent are all minors and are of
the relationship and age as follows:
Lesli Marie Bertocci February 1, 1960 Age
Rosemary Bertocci February 22, 1961 Age
Bartlett Bertocci June 6, 1962 Age
Jill Bertocci November 25, 1964 Age
Clifford Bertocci August 11, 1966 Age
6. All of the minors are brothers and sisters 9 arid
grandchildren of the Petitioner, Rose Bertocci.
8
7
6
3
2
7. Each of the minors is seized of an undivided one-
fifth interest in said real estate referred in Exhibit "A". There
is erected upon the premises since the date of acquisition of
title by said minors a corrugated iron hut or building.
B. The undivided interest in the real estate was
originally acquired by the minors as hereinbefore set forth as
vacant land"'as a gift ·frmn"fhedr··natural ... fafher, ·Bart Bertocci,
who joins in the prayer of this petition. The said Rose Bertocci
was named Trustee as a convenience party. The actual consideratio
for the original acquisition of said premises was $2,400.00.
9. From and since the date of acquisition of the
premises, Rose Bertocci, together with her son and natural father
of said children, caused a hut or building to be erected thereon
resulting in the increase in value for which a fair market price
has been established as $19,000.00.
10. The terms and conditions of the trust established
are dry in that there are no terms and conditions of any kind or
nature nor were there ever made or intended to be. The purpose of
the trust being s~ply to vest in the Trustee title to said real
estate for and on behalf of the minor_ children named.
11. RoserBertocci, acting as Trustee, has agreed to
sell said real estate at private sale to Karol W. Glover and
Beverly G. Glover, his wife, for the sum of $19,000.00 in cash
for the whole thereof clear of encumbrances_ A true and correct
copy of the sales agreement between the parties is attached hereto
and marked Exhibit "B".
, -3-
12. That the next of kin of the minor children are
Bart Bertocci and Dorothy Bertocci, his wife, natural parents of
all of said minor children who join in the prayer of this
petition believing it to be in the best interests and welfare of
said children that the proposed sale be approved and consummated.
13. That the said real estate is assessed for tax
purposes in the amount of $2,125.00. Affidavits as to value of
said real estate by two competent persons are attached hereto
as Exhibits "C" and "D". The real estate was unoccupied prior to
the execution of the Agreement of Sale under date of February 24,
1968, and had no rental value at that time.
14. Your Petitioner believes that $19,000.00 is a fair
price for the premises and a better price than can be obtained at
public sale. Your Petitioner further avers that the sale will be
to the best interest and advantage of the minors in that the kind
and nature of the building erected upon the premises is such that
it could only deteriorate by failure to be used commercially; that
the Trustee is under a disability to use the same commercially for
and on behalf of said minors and that the profits made by bhe sale
thereof are so substantial in view of the investment that the
sale should be completed.
15. Your Petitioner is unable to sell, convey or other-
wise deal in said real estate except under the terms and condition
of the Uniform Revised Price Act and seeks to invoke the juris-
diction of this court to consent and approve the agreement of sale
·-4-
and direct the execution of the deed in order to provide the
purchasers thereof with a good and marketable title.
16. That said sale be made without prejudice to any
trust, charity or public interest for which the real estate may
be held and without vio~l:.ation of any law which may confer immunity
or exemption from sale or alienation.
17. Your Petitioner believes that it would be in the
best interests of said minors in consideration of the total
purchase price able to be obtained from the sale of premises to
provide secondary financing in the amount of $9,000.00 at 6%
interest per annum for a period of not more fifteen years, which
said mortgage shall be subjugated and inferior to the lien of any
prior mortgage necessary to be acquired by the purchasers for the
balance of the purchase price due. A true and correct copy of a
second mortgage and a bond is attached hereto and made a part
hereof as Exhibits "E" and "F".
WHEREFORE, your Petitioners prays your Honorable Court
to authorize Rose Bertocci acting as Trustee to execute for and
on behalf of the said minors all and any such instruments in
writing as may be necessary to effectuate a sale of the premises
and to cause a Mortgage to be executed from the Purchasers to the
Mellon National Bank and Trust Company and the entire proceeds
thereof to be paid to the Mellon National Bank and Trust Company
as guardians for said minor children pursuant to the prior decree
of Court hereinbefore referred to appointing said bank as fiduci-
ary guardian thereof.
•5-
Petition.
And she will ever pray, etc.
RSe Bert6CCi
Petitioner
wo~wo:c~· by·D4 ~ ~
L~elvin B. Bassi
Attorney for Petitioner
We, the undersigned, hereby join in the foregoing
Do~othy B~tocci
Mellon National Bank and Trust
Company
t -6-
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF WASHINGTON:
BEFORE ME, a Notary Public, personally appeared
Rose Bertocci, who, being duly sworn according to law, deposes
and says that the facts set forth in the foregoing Petition are
true and correct.
Sworn to and subscribed before me
this :26th day of !Septemb~~t-.,
.MY Commission Expires:
N. P. SEAL: WANDA CARRINGTON, NOTARY PUBLIC
CHARLEROI BOROUGH, WASHINGTON COUNTY
MY COMMISSION EXPIRES AUGUST 19. 1~
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Form NALY No. 66 DEED, Ouardlnn, Trustee or Executor (With Coal Notice) For Sale by P. 0. Nnly Co., Law Blanlt ?ubllshere • 416 Grant St., Pgh., Pa. 16219
~ant the in the year of our Lord,
one thousand nine hundred and
day of
sixty-eight (1968)
ROSE BERTOCCI, Trustee during the minority of LESLI MARIE
BERTOCCI, ROSEMARY BERTOCCI, BA~TLETT BERTOCCI, JILL BERTOCCI and
CLIFFORD BERTOCCI, minors,: party ·of the first part,
A
·N ::: ... D
KAROL W. GLOVER and BEVERLY G. GLOVER," his wife, of the Borough of
Belle Vernon, Fayette County, Pennsylvania, parties of the second part.
WHEREAS, the party of the first part acquired title to the
premises hereinafter described by deed of Wilbur D. Steel and Loretta
M. Steel, his wife, dated October 3, 1966, and recorded in the
Recorder's Office in and for Washington County, Pennsylvania, in Deed
Book Vol. 1247, page 186, and
WHEREAS, this conveyance is made and approved under '
Decree of the Orphans' Court of Washington County, Pennsylvania, at
No • ........_ _____ _ 0. C. under the authority of the Revised Price Act.
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EXHIBIT "A"
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fixmation by the above Court.
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3. A good and marketable title will be delivexed to the
·above pxopexty following confirmation by the above Couxt.
D. KEITH MELENYZER, ESQUIRE
Suite 200
Centxal Pxotessional Building
Chaxlexoi, Pennsylvania 15022
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Jl!lohl tbf.G ]n:Ocnture <mtitne.GSCtb, That the said Rose Bertocci, Trustee
for and in consideration of the sum of
l'fineteen Thousand and 00/100. ($19,000.00)----------:------------bollarB,
lawful money of the United States, to
et ~·
her in hand paid by the said Karol W. Glover,
at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has
granted, bargained, sold, aliened, released and confirmed,\ and by these presents
does grant, bargain, sell, alien, release and confirm unto the said
Karol W. Glover, et ux.
ITEM NO. ONE:
ALL that certain piece or parcel of ground situate in the Borough
of Speers, Washington County, Pennsylvania, more particularly bounded
and described as follov1s:
BEGINNING at a point on a line of property owned now or formerly
by Thomas Encapera and James· Encapera, partners, which said point is
North 35° 00' East a distance of 193.50 feet from the Southeast corner
of property owned nmv or formerly of Samuel R. Fox, et ux.; thence South
66° SO' East along an unmarked right of way for a distance of 87.70 feet
to a point on line of land now owned by the Speers Athletic Club; thence
by said land North 31° 15' East a distance of 128.04 feet to a point on
the Monongahela River; thence North 59° 15' West a distance of 155.2 feet
to a point on line of lands conveyed this day to the within Grantor;
thence South 35° West a distance of 160.6 feet to line of lands owned by
Harold Rice, et ux.; thence along same South 66° SO' East a distance of
85.6 feet to a point, the place of beginning.
ITEM NO. TWO:
ALL. that certain piece or parcel of ground situate in the Borough
of Speers, Washington County, Pennsylvania, more particularly bounded
and described as follows:
BEGINNING at a point on the Eastern line of State Street and on
the Nort~ern line of a 15-foot_wide alley_in the Speers Plan of Lots;
thence along abutment of Belle Vernon Bridge North 34° East a distance
of 131.9 feet to the Monongahela River;thence along the River South 68°
35' East a distance of 137.4 feet to a point; thence South 33° 55' West
a distance of 164 feet to a point; thence along the above mentioned
15-foot wide alley North 55° OS' West a distance of 135.3 feet to a
point, the place of beginning. Containing .46 acres, more or less.
EXCEPTING AND RESERVING out of Item No. 2 herein an area of .OS
acres, conveyed to the United States Government for easement and right
of way purposes at Deed Book Vol. 1212, page 45.
( it the Grantor has nor ceo t.ric::u filet<: IS So.IC:t'l a rignt OT
3upport, the Grantee should note the fol!owing:) No.,T'"ICE ' G ~ · -Grantee (hereinafter, whether
cine or more, called "Grantee") hereby stotet that he may not be
obtaining the right of protection against sui.>sidence resuiting from
coc:l mining operations and that t:1e purchased property may be
protected from damage due to mine subsidenc-e oy a private contrac.
with the owners of the economic interests in the coal,
A TrEST:
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Form N.A.LY No. Ha .A.gl'eement for the Sale of Land, Judll't & mject. (With Coal Notice) For Sale by P. 0. Nnly Co., Law Blank Publlaht\ra 415 Grant St., Pittsburgh 19, Pa.
Artirlr nf 1\gt·rrmrnt
~ane this ~1~· day of February in the year of our
Lord, one thousand nine hundred sixty-eight (1968)
16etween ROSE BERTOCCI, Trustee for LESLI MARIE BERTOCCI, ROSEMARY
BERTOCCI, BARTLETT BERTOCCI, JILL BERTOCCI and CLIFFORD BERTOCCI,
minors, party of the first part, and
KAROL W. GLOVER and BEVERLY G. GLOVER, his wife, of the Borough of Belle
Vernon, Fayette County, Pennsylvania,
parties of the second part:
[dlitnessetb, That the said part y of the first part, in consideration of the covenants and agree-
ments hereinafter contained on the part of the said parties of the second part to be kept and
performed, has agreed and does hereby agree to sell and convey unto the said parties of the
second part, their heirs or assigns, all the land and premises hereinafter mentioned and furly
described, for the sum of Nineteen Thousand & 00/100 ($19,000.00)------Dollars,
to be paid as follows: Five Hundred and 00/100 ($500. 00) --------------Dollars,
at the signing of this agreement, the receipt whereof is hereby acknowledged; and the balance
-thereof payable -within-thirty (30) days-o·r up"ori ''presentation of a good
-and marketable title. Party -of the -first-part· herein agre·es to ··provide
secondary financing in the amount of ~9,000.00 at 6% interesv~over a
period of not more than fifteen (15) years, which said mortgage shall
be subjugated and inferior to the lien of any prior mortgage necessary
to b~ acquired by the Purchasers herein for the balance of the purchase
price due, payable in monthly payments. (
*6 per cent interest per annum based upon the outstanding principal
and upon th~ payment of Nineteen Thousand ·& 00/100--·------with interest then due,.
the said part y of the first part will at her own proper cost and charge, make, execute and
deliver to the said part ies of the second part, a good and sufficient deed for the proper conveying
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and assuring of the said premises, in fee simple, free from an encumbrances, and dower or right of 1
dower; such conveyance to contain. the usual covenant of general warranty;
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'D/h.thtlxfiTm.~~"$.UJ'A'b;e:}b.~'JflU'.i:~S2KWlprd.d)~gag:e.]Cjut.
~xztxm~~~g;:XJrecF£mts~mexa~ea){{J4Yex4'1t{C{1fctfldla'4~~8}f.
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ann ~he said part ies of ~he second part agree with the said part y of the first part to ..
purchase the ~aid premises and pay therefor the sum of Nineteen Thousand and 00/100
($19, 000. 00) ----------:-----------------::--------------:------------nortars,
in the manner and the times hereinbefore provided .
. ann it iS futtber agreeD, by and between the said parties, that possession of said premises shall
EXHIBIT "B"
be delivered t-o t1tc parf..es of Oto 8ccond part, their hcir.'t and a.~.<tign.'t, on the
;s(dcl 1~~'Biwi;sv;s) 'tr11t·it ·wtdot• U1118 Uw 1lli'rl y
ceive the rent81 issues and profits thereof.
The said premises are described as follows:
ALL those two certain tracts or parcels of land situate in the
Borough of Speers, washington County, Pennsylvania, more particularly
bounded and described as set forth in Deed Book Vol. 1247, page 186,
in and for Washington County, Pennsylvania, and upon which is erected
a corrugated tin building.
The parties further agree as-follows:
1. · Purchasers agree to pay all real estate transfer taxes
imposed upon the premises.
2. Seller agrees to entertain whatever proceedings are
required in order to provide good and marketable title in and to
Purchasers and to provide a good·and sufficient deed therefor.
3. Seller shall have the right and privilege to have a
certain shovel generally used in construction work remain on the
premises for at least six (6) months without charge or rent.
Owner will designate locattiJ.on.-..
4. Karol vJ. Glover agrees to provide Seller, in addition
to fire and hazard insurance, health, accident and life insurance with
the Seller named as beneficiary for the purpose of assuring payments
of the second mortgage as the same become due, or the payment of the
mortgage balance in the event of the death of the said Karol W. Glover.
Failure to provide on behalf of said party will result in the right
and privilege of the Seller to purchase such insurance and charge as
a legitimate charge of the mortgage against the Purchasers.
ey<O'::.::..·:P~~~J::-e.gag&~o-v-i-de..-f.ar
aeee{-e1:'frt1_-on::=0-:£=·ee-ta+-paymen:e -e:J:-·Eifl)T-·-pai:'-t--t=l=ie:t:eef--d-emande<.i--ey::.:&e~ .. !-.&L-
wi>et-hervR2~.be.-=ugb~r=wt..
1(13 .
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~nb it fS fUttbtt Untltt.StOOtl anti tlgttetl, Thilt i?i case of default of payment of any sum ·of
principal or interest herein agreed to be paid, for the space of thirty (30) days after
the same shall become due and payable by the terms hereof, that then and in such case the whole of
the said principal sum shan, at the option of the said part y of the first part, forthwith become
due and payable, anything hereinbefore contained to the contrary thereof notwithstanding. And
in such case of default the said parties of the second part hereby authorize and empower
any attorney of any Court of record in the State of Pennsylvania or elsewhere, to appear for
the said part ies of the second part and confess a judgment for the whole principal sum and inter-
est remaining unpaid hereon, with ten per cent. attorney's commission or fees; hereby
waiving an rights of exemption and inquisition or extension, and condemnation is hereby agreed to
so far as the land herein described, and any property or buildings thereon, may be concerned. Or the
said party of the first part may at her option proceed by action of ejectment on this
agreement for the said premises above described, with costs after default made as aforesaid,· and in
such case the said part i!es
Court of Common Pleas of
of the second part authorize and empower any attorney of record of the
Washington County, State of Pennsylvania, to appear for them
in an amicable action of ejectment for the premises above described, to be entered by the Prothon-·
otary, in which said party of the first part shall be Plaintiff , and the parties of the second
part Defendants and confess judgm§nt therein in favor of the Plaintiff , and against the
Defendants for said premises, and authorize the immediate issuing of a writ of possession with
writ of execution for the costs (without asking leave of Court), with costs of suit and ten
percent. attorney's commission or fees.
MAY NOT NOTICE-TillS DOCUMENT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO DOES NOT
THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO
HEREIN, AND~ OWNER OR OWNERS ~F SUCH COAL l\'IAY HAV~. THE COMPLETE LEGAL RIGHT TO · HAVE ,.
REl\IOVE ALL OF SUCH COAL ANQ, IN THAT CONNECTION, DAl\IAGE MAY RESULT TO THE SURFACE OF
THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAJ\TD. THE INCLUSION
OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHER-
WISE CREATED, TRANSFERRED, :!:XCEPTED OR RESERVED BY THIS INSTRUl\IENT. [This notice is set forth
in the manner provided in Section 1 of the Act of July 17, 1957, P. L. 984, ·as amended.]
]n [dtftneSS Clltbeteof, The said partie8 to this agreement have-hereunto set their hands and seal3
the day and year first above written.
(!!:ommontneaitb of ~enn.splnanin,
Ql:ountp of J=;q7£.ff£.. ·WA=SH-!NG1fiN
On this day of February A. D.19 68 , before me,
came the above named Rose Bertocci, Karol W. Glover and Beverly G. Glover
and acknowledged the foregoing Indenture to be
recorded as such .
their act and deed a1ul desired the same to be
. iuUitne~~ in.y hand and notarial seal, the day and year afo·resaid. DAVF~~t~~~IA~~:~:~ftJf,{"" ----~~ .. ;t: .... ~~~---······· ~
BE\..LE. VERNON, PENNSYLVANIA My Comrn'I.Ss?.On exp~res ........................................ ..
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COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF WASHINGTON:
BEFORE ME, a Notary Public, personally appeared
David M. Marshall, who, being duly sworn according to law,
deposes and says that he has caused to be duly appraised the
premises subject matter ofsale in the foregoing Petition; being
premises situate in the Borough of Speers, Washington County,
Pennsylvania; that the price of $19,000.00 is a fair and
reasonable market price for said premises.
Sworn to and subscribed before me
t. h.is. 26thday of-~-~-·_ ~ Notary Publ~c
· My .Commission Expires:
N. P. SEAL:
EXHIBIT "C"
COMMONWEALTH OF PENNSYLVANIA.:
SS:
COUNTY OF WASHINGTON:
BEFORE ME, a Notary Public, personally appeared
Rudy Mudrick, who, being duly sworn according to law, deposes
and says that he has caused to be duly appraised the premises
subject matter of sale in the foregoing Petition, being premises
situate in the Borough of Speers, Washington County, Pennsylvania;
that the price of $19,000.00 is a fair and reasonable market
price for said premises.
Sworn to and subscribed before me
My_ Co~ission
N. P.' ~SEAL:
. t
EXHIBIT "D"
·--
LOAN NUMBER
... Mortgage
September
' : Made this . day of , 19 68
Between· •.
KAROL W. GLOVER ·and BEVERLY G. GLOVER, his wife, of the Borough of
Belle Vernon, Fayette County, Pennsylvania,
(hereinafter, whether one or more, called "Mortgagor")
And
MELLON NATIONAL BANK AND TRUST COMPANY (hereinafter called "Mortgagee"), a national
banking association having its principal place of business in the City of Pittsburgh, Allegheny County,
Pennsylvania.
Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (here-
inafter called the "Note") of even date herewith, payable to the order of Mortgagee in the principal
sum of
Nine Thousand and 00/100--------;..-----------~-~--Dollars($ 9, 000.00 ),
lawful money of the United States of America, and has provided therein for payment of any additional
moneys loaned or advanc~d thereunder by Mortgagee, together with interest thereon at the rate provided
in the Note, in the manner and at the times therein set forth, and containing certain other terms and
conditions, all of which are specifically incorporated herein by reference;
Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the
payment of the same and interest as aforesaid, together with all other sums payable hereunder or under
the terms of the Note, does grant and convey unto Mortgagee, its successors and assigns: Item No. One: .
All that certain piece or parcel of ground situate in the Borough
of Speers, Washington County, Pennsylvania, more particularly bounded
and described as follows:
BEGINNING at a point on a line of property owned now or formerly
by Thomas Encapera and James Encapera, partners, which said point is
·North JS 0 00' East a distance of 193.SO feet from the Southeast corner
of property owned now or formerly by Samuea R. Fox, et uxo; thence
South 66° SO' East along an unmarked right of way for a distance1of
87.70 feet to a point on line of land now owned by the Speers Athletic
Club; thence by said land North 31° lS' East a distance of 128.04 feet
to a point on the Monongahela River; the~ce ~orth S9° lS' West a dis-
tance 'of 1SS. 2 feet to a point on line of lands conveyed this day to
the within Grantor; thence South 3S 0 West a distance of 160.6 feet to
line of lands owned bylHarold Rice, et ux.; thence along same South 66°
SO' East a distance of 8S.6 feet to a point, the place of beginning •
. ·.·Item No. Two: · .·
·ALL that certain piece or parcel of ground situate in the Borough
of Speers, Washington County, Pennsylvania, more particularly·bounded
and described as follows: -· ..
BEGINNING at·a·point on the Eastern line of State Street and on
the Northern line of a·lS-foot wide alley in the Speers Plan of Lots;
thence along abutment of Belle Vernon Bridge North 34 ° East a .. distance
of 131.9 feet to the Monongahela River; thence along the River South ·
68° 3S' .. East a distance of 137.4 feet to a point~ thence South 33° 55''
West a distance of 164 feet to a point; thence along the above mention~
ed lS-foot wide alley North SS 0:0S' West a dist~nce of 135.3 feet to a
point, the place of beginning. Containing .46. acres, more or less.
EXHIBIT "E"
1 ::w:s-Ho-Rav u-oo
~--.........,, •'' ' .,~--~-·~--' --~~·......,.,.,.-,-,...,, ~-.. ---~--~-~~· ,. __ ·-:v---··---~ ....... -~. ~·~~~., ,J
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. .._.__:I
EXCEPTING AND RESERVING out of Item No. 2 herein an area of .05
acres, conveyed.to the United States Government for easement ~nd right
of way purposes at Deed Book Vol. 1212, page 45 •.
BEING the same premises.conveyed· to the Mortgagors herein by deed
of Rose Bertocci, Trustee,during the minority of Lesli Marie·Bertocci,
et al. ·dated , 1968,. and to be recorded herewith. ·.This
mortgage is made and executed pursuant to Order of Court.filed at
No. · O.c., Washington County, Pennsylvania, to which
reference is made and the same shall be second in lien to a. first
mortgage between KaroV.;W. Glover, et ux, the Mortgagors herein to
Pittsburgh National Bank and Trust Company dated October , 1968,
and recorded.in the Recorder's Office at or prior to date~recording
of·~this::.mortgage and covering the instant premises.
' .
·.
.... "' . ' ..
. I •·
·,_ ... ·, •.
·.-
..
'
Together with the buildings and improvements eDected thereon, the appurtenances thereunto
belonging and the reversions, remainders, rents, issues and profits thereof.
To Have And To Hold the same unto Mortgagee, its successors and assigns, forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal
sum, including additional loans or advances and all other sums payable by Mortgagor to Mortgagee here-·
under and under the terms of the Note, together with interest thereon, and shall keep and perform each
of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate
hereby granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any
future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter
and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances
shall be added to the principal debt.
(2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and dis-
charge, when and as the &ame shall become due and payable, all taxes, assessments, sewer and water rents,
and all other charges and claims assessed or levied from time to time by any lawful authority upon any
part of the mortgaged premises and which shall or .might have priority in lien or payment to the debt
sP.cured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics'liens which may be filed against said premises and which shall or might have priority in lien or
payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including
interest and penalties thereon, if any, now or hereafter becoming payable on the Ncite evidencing the debt
secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges there-
on such policies of hazard and liability insurance as Mortgagee may from time to time require upon the
buildings and improvements now or hereafter erected upon the mortgaged premises, with loss payable
clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and (e) promptly
submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges; provided,
however, that Mortgagee may at its option require that sums sufficient to discharge the foregoing charges
be paid in installments to Mortgagee.
'· (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and
substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the mort-
gaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the
buildings and improvements erected thereon.
(4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails
to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to
the principal debt secured hereby, and collect the same as a part of said principal debt.
(5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the
mortgaged premises, any debt, lien or charge which· would be prior to, or on a parity with, the lien of this
Mortgage.
(6) In case default be made for the space of thirty (30) days in the payment of any installment
of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any
of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum,
additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or
this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without
' notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on
this Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together
with costs of suit and an attorney's commission for collection of five per cent (5%) of the total indebtedness
or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said
proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to
·condemnation of any property levied upon by virtue of any such execution, and waives all exemptions
from levY' and sale of any property that now is or hereafter may be exempted by law. ·
The covenants,· conditions and agreements contained in this Mortgage shall bind, and the benefits
thereof shall inure to, the respective parties hereto and their respectiv:e heirs, executors, administra-
tors, successors and ·assigns, and if this Mortgage is executed by more than one person, the undertak-
ings and liability of each shall be joint and several.
Witness the due execution hereof the day and year first above written.
Witnessed by:
.... , .·
·········-···---·-··-································'··························· . . -:··------·--------------------------'··············· ....... , .............. (SEAL)
,:, ~ :~It·,: .:. ... ! .: .· ' ·-;; . . KAROL .. W •... GLQVER. ........... , ..... : ............... (SEAL)
·-····-··-··----·························································· ·········· •................................... -~ ..... ······:···············-, ........ (SEAL)
~~-Y~~~¥. .. .G.! ... .G~9.Y.l!;~ .............. ~--{frr. /:.I.~ 1 'I
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·•
Commonwealth of Pennsylvania
} ss:
County of WASHINGTON
On this, the .-· day of Sept;ember , 19 68. ;before me, a. Notary Publ·ic
the undersigned officer, personally appeared Karol W. glover and Beverly G •. Glover' . . '. ' ·. ' · ·. . his ·wife
satisfactorily proven to me to be the person s whose nam~s are · subscribed to the within Mort-
gage, and acknowledged that they executed the same for the purposes therein contained.
In Witness Whereof~ I hereunto set my hand and official seal. . .
My commission expires:
Commonwealth of Pennsylvania
County of
On this, the day of • 19 , before me,
the undersigned officer, personally appear:ed
satisfactorily proven to me to be the person whose name subscribed to the within Mort-
gage, and acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
My commission expires:
Certificate of Residence of Mortgagee
MELLON NATIONAL BANK AND TRUST COMPANY, Mortgagee within named, hereby
certifies that its principal place of business is at Mellon Square, Pittsburgh, Pennsylvania.
MELLON NATIONAL BANK AND TRUST COMPANY
By ............................................................................... .
CommonweaJth of Pennsy~vania }
ss:
County of · ·
Recorded in the Office of the Recorder of Deeds in and for said County on
the day of , 19 , in Mortgage Book
Volume , page
Witness my hand and the seal of said office the day and year aforesaid.
Recorder.
. '-~ ..
LOAN NUMBER
Mortgage Note
$ .................. 9.~_00.0 .•. 0.0 ................................ . ..Charle.roi ......... _. .. , .P.ennsy.lv.ania ..
.. Sep.tember ..................................... , 196.8 .. .
For Value Received,
(hereinafter called "the Undersigned") promises to·pay to the order of MELLON NATIONAL BANK
AND TRUST COMPANY, its successors or assigns, in lawful money of the United States of America,
the sum of Nine Thousand and 00/100---------------------------------------
Dollars ($ 9, 000. 00 ) and any' additional moneys loaned or advanced by any holder
hereof as hereinafter provided, as follows: Nine Thousand and 00/100 ($9, 000. 00)
Dollars at the rate of $75.95 per month, including interest thereon at
the rate of 6% per annum for a period not exceeding fifteen (15} years.
' . . .... l
.. ·.' ~.
t ,.
and any b~lance of principal or interest remaining unpaid on October 1, 19 83
shall become due and payable on said date; and in addition -thereto, in the event any payment provided for
herein shall become overdue,_ the Undersigned agrees to pay a late charge in an amount not exceeding six
·per cent (6%) of any such overdue payment as compensation for the additional service resulting. _from the
default; all payments to be made at
CharJeroi , Pennsylvania or elsewhere as shall be directed by any holder hereof.
This Note shall evidence and the Mortgage given to secure its payment shall cover and be security
for any r'uture loa-ns or advances that may be made to or on behalf of the Undersigned by any holder hereof
at any time or times hereafter and intended by the Undersigned and the then holder to be so evidenced
and secured, as well-as any sums paid by any holder hereof pU[suant to the terms of said Mortgage, and
any such loans, advances or payments shall be added to and shall bear interest at the same rate as the
principal debt.
In case default be made for the space of thirty (30) days in the payment of any installment of
principal or interest, or in the performance by the Undersigned of any of the other obligations of this
Note or said Mortgage; the entire unpaid balance of the principal debt, additional loans or advances and all
other sums . paid by any holder hereof to or on behalf o{ the Undersigned pursuant to the terms of this
Note or said Mortgage, together with unpaid interest thereon, shall at the option of the holder and
without notice become immediately due and payable, and one or more executions may forthwith issue on
any judgment or judgments obtained by virtue hereof; and no failure on the part of any holder hereof
. to exercise· any ·of the rights hereunder shall be deemed a waiver of any such rights or of any default
hereunder.
The Undersigned hereby empowers any attorney of any court of reco;rd within the United States
of America or elsewhere to appear for the Undersigned arid, with or without complaint filed, confess judg-
ment, or ·a series of judgments, against the Undersigned in favor of any holder hereof, as of any term, for
the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder
hereof to or on behalf of the Undersigned pursuant to. the terms of this Note or said Mortgage, together
with unpaid interest thereon, ·costs of suit and an attorney's commission for collection of five per cent
· (5%) of the total indebtedness or $200, whichever is the larger amo"unt, on which judgment or judgments
one or more executions may issue forthwith upon failure to comply with any of the terms and conditions
of this Note or said Mortgage. The Undersigned hereby forever waives and releases all errors in said
-proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to
condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from
levy and sale of any property that now is or hereafter may be exempted by law.
This obligation shall bind the Undersigned and.the Undersigned's heirs, executors, administrators
and assigns, and the benefits hereof shall inure to the payee hereof and its successors and assigns. If this
Note is.e.xecuted by more than one person, the undertakings and liability of each shall be joint and several.
This Note is secured by a Mortgage of even date herewith upon real estate described therein.
Witness the due execution hereof the day and year first above written.
Witnessed by:
--~: ... --------: .... ~-.. · ....................... -·-.-.. ·................ . ........ ' ......................................................... ____ .. (SEAL)
· ........................ : ............. : ....... : ................. · ........................ . . KAROL. W ...... GLOVER ............................ (SEAL)
.............. --....... -... : . : ..... -~ ..... ~· .. · .. ',. ....... ~--.................. · ....... ~ · .... . . ........ ____ ................................................ __ ........ .(SEAL) ·
.BEVERLY. G ..... GLOVER ...................... (SEAL)
EXHIBIT ''F''
• I
~-·
VY •• --• • y ·----
Guaranty and Suretyship Agreement
For Value Received and intending to be legally bound, the Undersigned does hereby uncon-
ditionally guarantee and become surety for the due and punctual payment of each installment of principal of
and interest. on the within Mortgage Note as and when each said installment shall respectively become
due and payable in accordance with the_terms.thereof, whether at maturity or by declaration, accelera-
tion or otherwise, as well as all additional loans or. advances and all other sums paid by any holder of
said Note to or on behalf of the maker thereof pursuant to the terms of said Note or _the Mortgage secur-
ing the same. ·
The Undersigned hereby waives any presentment for payment, notice of nonpayment, demand or
protest, declares that this obligation is absolute and unconditional, and agrees that it shall not be
released by any extension of time for payment or by any other matter or thing whatsoever whereby the
Undersigned as absolute guarantor and surety otherwise would or might be released.
In case default be made for the space of thirty (30) days in the payment of any sums due under
said Mortgage Note, the Undersigned hereby empowers any attorney of any court of record within the
United States of America or elsewhere to appear for the Undersigned and, with. or without complaint.
filed, confess judgment, or a series of judgments, against the Undersigned in favor of any holder thereof,
as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other
sums paid by any holder thereof to or on behalf of the maker of said Mortgage Note pursuant to the
terms thereof or of the Mortgage securing the same, together with interest thereon, costs of suit and
an attorney's commission for collection of five per cent (5%) of the total indebt~dness or $200, whichever
is the larger amount, on which judgment or judgments one or more executions may issue forthwith.
The Undersigned hereby forever waives and releases all errors in said proceedipgs, waives stay of execu-
tion, the right of inquisition and extension of time of payment, ·agrees to condemnation of any property
levied upon by virtue of any such execution·, and waives all exemptions from levy and sale of any property
that now is or hereafter may be exempted by law. ·
These presents shall bind the Undersigned and the Undersigned's heirs, e~ecutors, administrators
and assigns, and the benefits hereof shall inure to the payee of said Mortgage Note, its successors and
assigns. If executed by more than one person, this obligation and the undertakings hereunder shall be
joint and several.
Witness the due execution hereof this day of , 19
Witnessed by:
.......................................................................... (SEAL)
.......... ~ ................................................ : .............. (SEAL).
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As.arssmrut Oirrttftrntr
WASHINGTON COUNTY, PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
Washington, Pa ......... Ma.y .. 17 ........... 19.68 .. .
This is to certify that the following is a full, true and correct transcript of the assessment of property
taxable for county purposes, as shown by the books of records in this office, at the above date, for the tax
year 19 68 , assessed in the district of Speers Borough
in the name of Bertocci, Lesli M.
% Rose Bertocci
125 Gibson Rd.
Bentleyville, Pa.
~~'!; C,on BI~ Mtl::Bldg . 1,965.
: ~ 0.3223 :Acre Surface 160~t C 61-13-10 DB 1247-186
rl .
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EXHIB'IT "~"
et al
15314
2,125.
B 1 Sty Building
0.46 Acre Surface
61-13-7 DB 1247-186
90o
60o 150.
BOARD FOR THE ASSESSMENT · .. .~ ~.A. . -~ ""lSI ON. OF. T TAAXXEES ''.'' _B_Y~_t._··••-==· ,....,'r---1'/_,._: __ -?_>_ ~~-·-· _·_· _· _ .. · r
c---tiii-J Chief Assessor.
<SEAL)
EXHIBIT "G"
. \
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: PETITION FOR SALE OF REAL
ESTATE OF LE,_§.LI":MARIE
BERTOCCI, ROSE~RY BERTOCCI, :
BARTLETT BERTOCCI, JILL :NO.
• .
• .
BERTOCCI and CLIFFORD
BERTOCCI, minors, by ROSE
BERTOCCI, Trustee under the
Uniform Revised Price Act
• .
• •
• .
D E C R E E
AND NOW, this ~ay of~, 1968, upon
consideration of the foregoing Petition and-upon motion of'Melvin
B. Bassi, Esquire, the Court, being of the opinion that the pro-
posed sale will be in the best interest and advantage of each and
all of said minor children and without prejudice of any trust,
charity or purpose for which said real estate is held ahd. ·without
the violation of any law which may confer ~n immunity or exemption
from sale or alienation; that the sum of $19,000.00 is a better
rice for said premises than can be obtained at public sale. It is
irected that··Rose Bertocci, Trustee for Lesli Marie Bertocci,
osemary Bertocci, Bartlett Bertocci, Jill Bertocci and Clifford
ertocci, is authorized, upon receipt and execution of the purchase
oney mortgaged to Mellon National Bank and Trust Company acting
8 ~uardians for said minor children in the amount of $9,000.00 at
·~ interest per annum, providing for monthly payments over a period
f not more than fifteen years as more fully set forth at length in
he petition annexed, properly recorded and the balance of the
purchase price of $19,000.00 paid in cash, to execute and deliver
such parties' interest in the private sale and conveyance to Karol
W. Glover and Beverly G. Glover, his wife, as tenants by the
entirety, the following premises:
ITEM NO. ONE :
ALL that certain piece or parcel of ground situate in
the Borough of Speers, Washington County, Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on a line of property owned now or
formerly of Thomas Encapera and James Encapera, partners, which
said point is North 35° OO' East a distance of 193.50 feet from
the Southeast corner of prop;rty owned now or formerly of Samuel
R. Fox, et ux.; thence South 66° SO' East along an unmarked right
of way for a distance of 87.70 feet to·a point on line of land
now owned by the Speers Athletic Club; thence by said land North
31° 15' East a distance of 128.04 feet to a point on the Monongahel
River; thence North 59° 15' West a distance of 155.2 feet to a
point on line of lands. conveyed this day to the within Grantor;
thence South 35° West a distance of 160.6 feet to line of lands
owned by Harold Rice, et ux.; thence along same South 66° 50' East
a distance of 85.6 feet to a point, the place of beginning.
ITEM NO. TWO:
ALL that certain piece or parcel of ground situate in
the Borough of Speers, Washington County, Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on the Eastern line of State Street
and on the Northern line of a 15-foot wide alley in the Speers
Plan of Lots; thence along abutment of Belle Vernon Bridge North
34° East a distance of 131.9 feet to the Monongahela River; thence
along the River South 68° 35' East a distance of 137.4 feet to a
point; thence South 33° 55' West a distance of 164 feet to a point;
thence along the above mentioned 15-foot wide alley North 55° OS'
West a distance of 135.3 feet to a point, the place of beginning.
Containing ~46 acres, more or less. Upon which there is erected a
one story tin building.
EXCEPTING AND RESERVING out of Item No. 2 herein an area
of .OS acres, conveyed to the United States Government for easement
and right of way purposes at Deed Book Vol. 1212, page 45.
The title transferred to the purchasers to be indefeasibl
by any person ascertained or unascertained or any class of persons
having a present or expectant interest in the premises and unpre-
judiced by any error in the proceedings of the Court.