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HomeMy WebLinkAboutOC1968-1286 - ESTATE OF WHEELERt" •" ... : ~J"\ ._.,., (I) ............ ~·- )> ~ -1 c 6 Ill ~ r ~ Gl ~ ~ ~ 0 'J ::E "TI ' )> :0 l/JJ -':\ ,, " ~ .. ;, \ ·~ ,, ,/> )' ~ \-, ~ IN THE ORPHANS ' COURT OF WASHINGTON COUNTY, PENNSYLVANIA NO. of 1968 IN THE ESTATE OF ERNEST WHEELER, also known as ERNEST W. WHEELER, Deceased B 0 N D c.__·, . -t:_.., Oct~ber ~~,f~968, the within ~o~:u~~~ s appro,veq;and ordere~1le~. ~ ---~ol' ·.~• ,..... ,..._ n. I 1 ['11:- ~:;_; ;::= w w SAMUEL GOLDFARB ATTORNEY AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PA. y i j' . , . .... IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN THE ESTATE OF ) ) ERNEST WHEELER, also known as ) NO. ) ------of 1968 ERNEST W. WHEELER, Dece.ased . ) B 0 N D KNOW ALL MEN BY. THESE PRESENTS, That we, THELMA E. CRAMER, Administratrix of the estate of Ernest Wheeler, also known as Ernest W. Wheeler, deceased, as principal, and MARYLAND CASUAL COMPANY, a Corporation organized and existing under the laws of th State of Pennsylvania, as surety, are heldand firmly bound unto the Commonwealth of Pe~nsylvania in the sum of Three Thousand ($3,000.00) Dollars, to be paid to the said Commonwealth; to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, and every of them, jointly and severally, firmly by these presents. Sealed with our seals and dated the y»>-day of October, 1968. WHEREAS, the Orphans' Court of Washington County, Pen- nsylvania, on October ---<f.___, 1968, at the above number, directed the above named principal to file a Corporate Surety Bond in the above mentioned :sum before receiving the proceeds from the sale of the real estate described in said proceedings. NOW THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the above bounded Thelma E. Cramer, Administratrix of the estate of Ernest Wheeler, also known as Ernest W.·Wheeler, deceased, shal faithfully execute her trust and properly apply the proceeds of said sale according to law and Decree of said Court, then this obligation to be void, or else to be and remain in full force and virtue. in the ~~~~ (SEAL) Administratr1x of the Estate of Ernest Wheeler, also known as Ernest W. Wheeler, deceased MARYLA@i C~~~LTY CO~PANY By (o J ~ -(SEAL) Attorney-In-Fact en )> > ~ ~ c • 0 Ill ~-~ r ~ G) > 0 •..;, + r ~ 0 ~ ~ ::0 m ·~ ---·---------------- \ '<4) i~ ;· ~ '#I ,., ,• '( IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANij.p. NO. j ~g-~ of 1968 IN THE ESTATE OF ERNEST WHEELER, also known as ERNEST W. WHEELER, Deceased iETITION TO FIX AMOUNT OF BOND N THE SALE OF REAL ESTATE NDER SECTION 541 OF THE IDUCIARIES ACT OF 1949 e8i 1~~ ~ . ,.; ... ::; ~(_!) { ''I !,.•.) rl {.J -I --. ~' ! --r--' \) ~j ~~~ ~. ~ -.,-... ~Jn ~~ = /il '\3 •• '\\'~~ w i-A. w D ~ ~ SAMUEL GOLDFARB ~ ATTORNEY AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PA. I :A J-411 X i .- IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN THE ESTATE OF ERNEST WHEELER, also known as ERNEST W. WHEELER, Deceased ) ) ) NO. ) ) I ;). .fL of 1968 PETITION TO FIX AMOUNT OF BOND IN THE SALE OF REAL ESTATE UNDER SECTION 541 OF THE FIDUCIARIES ACT OF 1949 TO THE HONORABLE, PATSY VINCENT MARINO, President Judge of said Court: The petit~on of Thelma E. Cramer, Administratrix of the estate of Ernest Wheeler, also known as Ernest W. Wheeler, De- ceased, respectfully represents: 1. That Ernest Wheeler, also known as Ernest W. Wheeler late of Buffalo Township, Washington County, Pennsylvania, died intestate on October 22, 1964, and your petitioner is the duly appointed and acting administratrix of the estate of said decedent. 2. That ~ncluded in the real estate of said decedent is a house and lot in North Franklin Township, Washington County, Pennsylvania, as more particularly described in the Article of Agreement attached hereto and made a part hereof. -------------3. That your petitioner has entered into an Article of Agreement for private sale of said real estate to Thomas Kovacicek and Viola M. Kovacicek, his wife, for the sum of $3,000.00, subject to the approval of your Honorable Co~rt, as appears by the original of said Article of Agreement attached hereto and made a part hereof. 4. That there is attached hereto Affidavit of two responsible persons familiar with real estate values, giving the fair market value of said real estate proposed to be sold. 5. That the personal estate is approximately $1,000.00, ,- and your petitioner filed a Bond with corporate sureties in the sum of $1,000.00. WHEREFORE, your 'petitioner prays your Honorable Court to fix the amount of additional security in connection with the proposed sale aforesaid in accordance with the provis~ons of Section 541 of the Fiduciaries Act of 1949 and Rule 16 of your Honorable Court. Administratrix COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ss. ) Personally appeared before me, the undersigned authority, THELMA E. CRAMER, the above named petitioner, 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 J~ day of October, 1968. LOUISE l. CARSON, NOTARY PUBLIC WASHINGTON, WASHINGTON CO., PA. MY COMMISSION EXPIRES SEPT. 15, 1969 -~"ORM NALY No. 114-A-Agreement tor the Sale ot Real Estate • • (With Coal Notice) • For Sale by P. 0. Naly Co., Law Blank Publlstten 415 Grant St., Pgh. 19, Pa.. IDqt.a .Agrermrut day of September in "the year of Our Lord one thousand nine hundred and sixty eight (1968) • fSrtutrrn THELMA E. CRAMER, Administratrix of the estate of ERNEST WHEELER, also known as ERNEST W. WHEELER, Deceased, ----------------------------- ----------------------------------------------party of the first part, and THOMAS KOVACICEK and VIOLA M. KOVACICEK, his wife, of North Franklin Township, Washington County, Pennsylvania, ------------------------------ -------------------------------------------------parties of the second part. llitnr.ssrtl7, That the said part Y of the first part, for the consideration hereinafter mentioned, do es for herself, her heirs, executora and administrators, covenant, promise and agree, to and with the said part ies of the second part their heirs and assigns, by these presents, that she the said partY of the first.part, sm:ll and will, on-or before as hereinafter set forth, at the proper costs and charges of the said party of the first part, special · her heirs and assigns, by deed of ~a warranty, well and sufficiently grant, convey and assure unto the said parties of the second part, their heirs and assigns, in tee simple, clear of all encumbrances. ALL that certain lot of ground known and designated as Lot No. 154 in the Lincoln Heights Plan of Lots, situate in North Franklin and Canton Townships, Washington County, Pennsylvania, which plan is recorded in the Office_ of the Recorder of Deeds in and for Washington County, Pennsylvania, in Plan Book 7, pages 106 and 107; said lot of ground being situate in North Franklin Town~hip, Washington County, Pennsylvania, and bounded as follows: On the North by Cherry Alley; on the East by Lot No. 153 in said plan of lots; on the South by Cleveland Road; on the West by Lot No. 155 in said plan of lots; said lot fronts 60 feet on the Northern side of Cleveland Road and extends back by sidelines of unequal lengths of 178.51 feet and 178.59 feet, respectively, t~ Cherry Alley on which it abuts 60 feet. EXCEPTING AND RESERVING all the veins or seams of coal with mining rights and privileges appurtenant thereto as well as all of the oil and gas with mining rights and privileges appurtenant thereto, in and under said lot of ground, as more fully set forth in the deed of Lincoln Hill Land Company to Christopher Mining Company, dated July 10, 1942, and re- corded in the office of the Recorder of Deeds in and for Washington County, Pennsylvania, in Deed Book Vol. 659, page 232. Conveyance of this lot of ground is also made subject to existing rights of way, and leases, exceptions, reservations and conditions con- tained in prior deeds in the chain of title. BEING the same premises conveyed by deed of I. L. Neville and Edna F. Neville, his wife, to Ernest W. Wheeler, dated August 31, 1946, and recorded in the Recorder's Office aforesaid in Deed Book 717, page 443 • .. rr·r -.. - IDngrt11rr with all and singular the buildings, irr.provements and other premises hereby demised, with the appurtenances. oar ties In consideration whereof the satd of th<J second part, their heirs, executors and administrators, doth covenant, promise and agree, to and with the s~ic! party of the first part her heirs and assigns, by these presents, that the part ies of the second part their heirs, executors and administrators shall and will well and truly pay or cause to be paid unto the said party of the first part, her executors and assigns th.esumot Three Thousand ($3,000.00) Dollars as follows: One Hundred Fifty ($150.00) Dollars on the signing hereof, the receipt whereof is hereby acknowledged, and the balance of Two Thousand Eight Hundred Fifty ($2,850.00) Dollars upon approval·and filing of Bond under S~tion 541 of the Fiduciaries Act and delivery of Deed. 1968 real estate taxes shall be pro-rated as of date of settlement~ Se'ller sh·all pay all transfer taxes. Pa:rties shall comply with the provisions of 11The Bituminous Mine Subsidence and Land Conservation Act of 1966", as enacted April 27, 1966. X~X®~XlKXIXXXX<X::ime:MX-KO:DICc®:xiKXXX Possession to be given at closing. And for the true performr:znce of all and every the covenants and agreements af~resaid, each of the said parties. bindeth hi'l!"self, his heirs, executors and administrators, unto. the other, his executors, administrators and assigns, firmly by 11w tl~Offff~'fi1S_D_O_CUMENT'.MAY NOT SELL. CONVEY TRANSFER, IIifCLUDE OR INSURE THE TITLE.TO ~-.... THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LECAL RIGHT TO RE!\WVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUGTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RGHTS OR ESTATES OTHER- WISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. L_-·~- first above written. ..... = ~ 5 ~ ~ $.+ en ·< rJl t'S ... '0 Ul . ~ ~ ..... 'H 0 Ill -~O~Q) ..... ..!l:l 0 s Q) Q) •tH~ o t:1 o:t:ll!Ul +J r-t ... ... Ul Ill IX:. IX: Q) ~ ~~Q)IX: ... ~ ::~~~~ ~ ""'u ~::=:: ~~!~· :< o:t:-ME-cE-c. ::!l M r!Hil ~~~~-l:I::MIX:IX: E-c+J~~ etetJ in tbe ~resence of .'0 .. Q) 'H ..... ~ Ul ..... .d ~ ... Ill~ ~~ ~....c (.)(.) ....co:t: U> ~~ 0 ~· ::;s rJl ~~ l:I::....c E-c> "' ~ ~ ... "'tS <U .. ~ Q) ,Q 0 ..... ~ ~ :::n::~::~:~--:~-~~::~~-~:::~: ......... }ss: On thts day of came the above named ·---=-·-~---.o7·--· ~~~~~e Ernest Wheeler also known as e Ernes:t .. .lV-.. ---lV~eeier., ... De.ceased ... -....... sEAL ~ .·.· ·~ · omas Kovactc·ek··· .. ···························· ·sEAL ~~M~~a~/!.. ... e .. ~ ~ Q) I:G .. A. D.19 in and for said ci ro 9 0:: lQ : <( ~ ... : II. < II) • C .J:JZ ..J '"D:O 0 < ...... C) ~ z ~ zo_ ..J a: ... :r: Ill ~~II) :J '"Z< ::E <i~ <( II) Ill ~ , before me, a! p.. = ... ~ 00 ... a ... c;!l "' ... ..,. .. ... " .Q .!!l :0 " p.. .;: <l ~ iii ~ ~ 0 () » -; z 0 o.; and acknowledge the foregoing Agreement to be act and deed, to the end that it may be recorded as such. IHtttr.as my hand ana seal . ......................................................................................................................... .. ·~ ------------------r-------------------------.----- ' , COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON • ) ) ss. ) Personally appeared before me, the undersigned authority, E. MORRIS and ARTHUR E. MORRIS who, being duly sworn according to law, depose and say that they are familiar with real estate values in North Franklin Township, Washington County, Pennsylvania, and that in their opinion the fair market value of the house and lot of the late Ernest Wheeler, also known as Ernest W. Wheeler, is $3,000.00. Sworn to and subscribed before me this I~ day of October , 1968. LOUISE l. CARSON, NOTARY PUBUC WASHINGTON, WASHINGTON CO., PP .. MY COMMISSION EXPIRES SEPT. 15, 1969 IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN THE ESTATE OF ) ) ERNEST WHEELER, also known ) NO. of 1968 ) ------ as ERNEST W. WHEELER, Deceased ) 0 R DE R . t< AND NOW, this ~day of October, 1968, the within Petition having been presented and upon consideration thereof, and upon motion of Samuel Goldfarb, Attorney for Petitioner, Thelma E. Cramer, Administratrix of the estate of Ernest Wheeler, also known as Ernest W. Wheeler, Deceased, is hereby directed to file additional security in the form of a Corporate Surety Bond in the sum of $3,000.00, before receiving the proceeds from the sale of the real estate described in the within Petition, said Bond to be approved by this Court. BY