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HomeMy WebLinkAboutOC1968-1321 - ESTATE OF ERMLICH· .. •.·;,.. • • ~ • r~ .. : .. ·.'.·.( ';. :-.. p;.r_1 __ .::.·._·.·· ... -._-_._·~-. ,•· l . .. . ......................... -·-·-...... --~----.. ......_,._.. .. ___ . ____ . .. . . . . .. ··c·.. . .. .. .. , ......... . ' '. h I I ! j: '--~---~·><·-.~ J .. •'< ••• " -·-...,~ •·-'~ ·~ f 'Jf Gtt"'t • r·· • ]·' I· --------,/-' "t 1 ·,.;:v, · • -~ u;r ~.11:1 .. tc 1----,--. , o1 •) Ockdalr~, ---------·-7-----·-- / Cou.ntu of lfa~Jhin:>;ton, -----------ancl8tate of Penn:1yl vania, ---------- . bet:ng· of sound mind, memory and nn(~erstandZ:ng·, do null..:e and publish f:h.is lll·lJ la.s;t TVz'll an(l Tcstnmont, hereby revokz,ng nncl nutkin!jj· z:oicl aU former T/ 'ills by liM at nnu timf) heretofore n~ade. 1st·· ·I. rlireet that all my ju_c:;t clf!bts ~ntl funeral expenses shal] · f'irst h~ paid .as soon as pnssihle after my demise.; 2nd. T(.J rny ten clJilclPen, .\clolpil, Elsie HixehbauglJ, Elizabeth ~--fnthewson, Gustav Henry, Carl, ?.farie Hitclmer, H~r!}lnn, li:Llhert, Patiline and Lucy, I will and bequ~ath shate aml share alike in all or any money· that may he in t!Je bank, or any place else, at t!Je time' of' nJy demise,. or which may be my s!Jare of any. joint hanJc account; said share!> to be given to eac!1 one of my cl1ildren as tl1ey s!Jall become of' age, and .the shares of tl1ose under twenty-one shall be kept in trust until such time as t!J ey shall reach t!Jeir majority. 3rd. · I will and. bequeath to my wif'e, Anna Ermlich;·all my Real ~state,_ wherever located, wl1et,her in my name or my share of any joint ownership; she to have the_ same during her life·; and 4th. The resiclue of my estate I will and bequeath to my wif'e, Anna EJ~Jnlicho I I I I-I I I i 1 I i i I I i I I ! i ·I .I 1 I j I I I I j ' l j' ! j :~·. ··-:-..::.....: .. ~; ... ;._ .. ~;_ . ....:~--~ · ....... -~·-; .. : '-' ·-· ....... _ ... >J .•. >• • • ~-~ ;_; ;>:'"•!--·:~···-~:.;-.:..._; . .:.:-.---:. .. ,.:.,., .. -~--.. • ''-••··-··___.,:_,_:, . '' ' •I' _., ~: .... I ' ' i .I i t I .. .~ ~ ···.·. · .. :·;·. '·.·;.· . .. ' I do hereby make, constitute and appoint Anna Errnlich, my wife, • • f to be E;r;ecutrix of this my last TYill and Testament 'vi thout bond. ]n mlitne%5 [!illlbeteof, I, Gustav Ernlicl1 Testat or above na,med, have herezt,nto snbscribecl m7J name the :·iineteenth day of November , the and affi.:"Geclln!J seal, intheyearoj our Lord one thozisand nine hundred Twenty-f.'our. Sig.ned, sealed, published and decla.recl by the above na.med . Gustav Ermlich a.s and for h;ls la.st Tf"l:U and Testament, in the presence of u,s, who ha,ve herennto SLubscribecl onr names at hi~ request as witnesses thereto in the presence of' the said Testat and of each other. O~<t-.::~~_, .t9... ._ ... 17'2/ /< c~ . ,....'!..~o-:?~~{ t::----.1--( . I ...... ·~ ' I i I I I li I .. ,1 I f ;.· -:;::.:.: · .... ->;..,;:;.:.:~::;::;;:.:.~;;:~::,:-;-=.:..;-::.:::.::::.:.:.: :~.~-=--=~F-c,:::::..::::::..;;,:;;;;;::;:::::..:~.;:~.:::.:,;;;:;-~:~:-::::::o:-:....;;.;:_;'-'j:,:=:~~:,.;;:;~. ;.;, ~_,.,-;-~.;;:..;;-;,."""~;..,,:,,'.;c: ,. "' ,-,·:o··· 7,,-.:~· ·. / : •.. .~ -~ .'\, ' ""' .z .. / "\ ~,..:•' -· ~ ! ., ~. IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENN'A. NO. /0 'j~/ of 1968. IN RE: ESTATE OF GUSTAV ERMLICH, DECEASED. ORDER AND PETITION FOR GRANT OF LETTERS OF ADMINISTRATION, D.B.N.C.T.A ~ __......., r~{/:» r:·!! :=-!] I 1 ~,_ ~--1·-· / D -It./· -t:.J. i ,_,. .. ). 1.~. ·~ .~ . -' ~~ s f\l.,.. .. ,;;&..,.zt r' ... ~ .~ [ .-.~ :· , : ... - . I. ~.r ~#/)';Urn/ ~rM'?~~~#k~ ~Of/,~~ 15022 I ?-.. J -,~~ () 7 ·' hfc/gm • 10/10/68 IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. IN RE: ESTATE OF GUSTAV ERMLI CH, ) ) ) No. of 1968. DECEASED. PETITION FOR GRANT OF LETTERS OF ADMINISTRATION, D.B.N.C.T.A. AFTER TWENTY-ONE .YEARS AND RIGHT TO WORK AN EQUITABLE CONVERSION OF REAL ESTATE TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT: The petition of PAULINE M. GUEST respectfully represents: l. Gustav Ermlich died May 25, 1931, a resident of and domiciled at Stockdale, Washington County, Pennsylvania, leaving a will, a copy of which is hereto annexed and marked Exhibit "A". 2. Your petitioner is a daughter of said Gustav Ermlich and of Anna Ermlich, his wife. Your petitioner resides at 208 McKean Avenue, Charleroi, Pennsylvania. 3. Letters Testamentary were granted to said Anna Ermlich on January 23, 1933, who died April 21, 1967, and more than twenty-one years have elapsed since the death of said Gustav Ermlich. 4. An Inventory and Appraisement was filed in Gustav Ermlich's Estate on March 17, 1933, in Inventory Book, Volume 45, Page 93; only an automobile was listed in the Inventory. 5. An Appraisal for Inheritance Tax purposes was filed which listed the aforesaid automobile and a lot of ground situate in Stockdale which lot was identified and described as being part of Lot Number Six of the Original Plan of Stockdale which part "fronts Forty-Four (44ft.) Feet on Rail Road Street and extends back therefrom of uniform width in a direction towards the Monongahela River the distance of One Hundred Sixty-Five (165ft.) Feet to another part of said Lot Number (6) Six of the .... original plan and is bounded on the sides farthest up and far- thest up and farthest down said River by other parts of said Lot Number (6) Six of the original plan and contains in all One-Sixth ( l/6A) Acre of land more or less ....... 11 As was the custom and practice of the Bar at that time a Statement of Debts and Expenses was filed, the Inheritance Tax was paid, and nothing else was done. 6. The before described real estate was appraised at $1,800.00 and the tax computed as due on the net estate was paid March 27, 1933. No further action was taken during the inter- vening thirty five years . 7. Anna Ermlich, the above mentioned widow and Executrix of Gustav Ermlich died testate, a resident of Stockdale, and your petitioner was appointed Administratrix, C.T.A. by the Register of Wills of Washington County on May 11, 1967. 8. The Wills of Gustav Ermlich and Anna Ermlich were mutual and reciprocal in character, both having been executed November 19, 1924. Both Wills provided for a life estate in real estate to the other spouse, .with a remainder over to their ten named children, to wit: -Adolph, Elsie Hixenbaugh, Elizabeth Mathewson, Gustav Henry, Carl, Marie Mitchner, Herman, Hilbert, Pauline (the herein petitioner) and Lucy. 9. The only real estate known by your petitioner to have been owned by her father at time of his death was the lot des- cribed in Paragraph 5 herein. 10. In applying for ~etters in the Estate of Anna Ermlich, said lot was erroneously considered as being in the name of Anna Ermlich, when, in fact, by virtue of the aforementioned Will of Gustav Ermlich, the real estate is now vested in the above listed ten children, or their issue, in ~h~ instances of four of them -2- .. ,. ., who died after their £ather, but who predeceased their mother. 11. The children who predeceased their mother and the names and address o£ their issue are; a. Adolph Ermlich -died in 1947 leaving no issue. b. Marie Mitchner -died in 1951 leaving: 1) Betty Rutherford, 235 Hillcrest Drive, California, Pa. 15419 2) Lorraine Rice, 619 Wood Street, California, Pa. 15419 3) Dolores Matyas, RD #2, Box A-7 Charleroi, Pa. 15022 c. Elsie Hixenbaugh -died in 1962 leaving: 1) Ray Hixenbaugh, Elco, Pa. 15434 2) Robert Hixenbaugh, 411 Woodward Avenue, North Charleroi, Pa. 15002 3) Doris Welsh, Roscoe, Pa. 15477 d. Gustav Henry Ermlich -died in 1964 leaving: 1) Leo Ermlich, 403 Acton Street, Lewisburg, Ohio 45338 2) Imogene Ermlich, Torrance State Hospital, Torrance, Pa. 15779 (a) Her guardian is Beatrice Ermlich, Box 37, Lewisburg, Ohio 45338 (b) Her State Revenue Agent has his office at Torrance State Hospital, supra. 12. The net distributive funds will be divided one-ninth to each o£ the living children o£ the decedent with Adolph Ermlich's one-tenth share having passed to the other nine, with Marie Mitchner's one-ninth share being divided one twenty-seventh to each o£ her children, with Elsie Hixenbaugh's one-ninth share being divided one twenty-seventh to each o£ her children, and with Gustav Henry Ermlich's one-ninth share being divided one eighteenth to his first named child and with Imogene Ermlich's one eighteenth share going to her Guardian £or the use o£ the Pennsylvania Department o£ Public Welfare. 13. Your petitioner is advised and believes that the real estate will sell £or approximately $2,500.00, hence it would not be £easable to prepare and circulate a deed or deeds £or the -3- ------ signatures of these fourteen heirs plus probably an additional thirteen spouses. Any difficutly in securing the signature of any of these twenty-ei~ht persons could present a serious and unwarranted problem, therefore to execute the decedent's Will it is an absolute necessity for the fiduciary, herein requested to be appointed, to be given the right to sell said real est~t~· in the nature of an equitable conversion. 14. That subject to the approval of the Court your peti- tioner and her counsel have tentatively arranged for a public sale by auction to be held on the premises on Saturday, November 2, 1968, and, your petitioner is advised and believes that time is of the essence as the Winter season approaches thereby de- creasing the possibility of a favorable sale of the real estate after this time and because it is not desirable £or the premises to be left vacant during the Winter season. WHEREFORE, your petitioner prays your Honorable Court, under the provisions of Sec. 2(b) of the Fiduciaries Act of 1917 to authorize the Register of Wills to grant Letters of Adminis- tration, D.B.N.C.T.A. upon said Es.tate of Gustav Ermlich to your petitioner, Pauline M. Guest; and your petitioner further prays that she be given the right to work an equitable conversion of the real estate and to sell the same at a public auction to be held on Saturday, November 2, 1968, at 11;30 a.m. without being required to made further petition to the Court. -4- . ' ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) SS: ( . Pauline M. Guest, the petitioner named in the above Petition, being duly sworn according to law, before me, a notary public, says that the matters and things set forth in the foregoing Petition are true to the best of her knowledge and belief. Sworn and subscribed before me this ~~-~ ) day of @(;~·, '1968. GAZELLA MUCV, NOTARY PUBLIC CHARLEROI BOROUGH, WASHINGTON COUNTY P,Y COMMISSION EXPIRES AUG. 30, 197} -$zA/~/Jt ~y~ Paul~ne M .. Guest -5- . ·-.. .:• ..... I, Gustav Ermlich-----------, of Stockdale,------------County _of J I Washington,--------and State of Pennsylvania,-.:.-------being of sound . ':··. .. ~~· -; ·. :, I ':.:·. • • •• . '. . :, : . '-~.; .. mind, memory and understanding, do make and :pub~ ish this my la.s·t.'Will.,!' ·.: ... :.;-:..: anq Testament, hereby revoking and· ·makiri..g void all ·former Wills. by .. ;} 1 ~ " / .. " ~ ·. . .~·.. .:; .. · . . ·~ ... me at any time heretofore made. . '. .;'···'·! • .... ' t~' . ·,.; .. -· , . , l,r., .. ..,.· .. expenses. shall >·.d··.<'·.~r:~·~· . • ~ ;. . .·: :; . !;·;· ·~~x: ,:\ .. ) 1st. I direct that all my just debts and ·funeral ,• ,\ . . ·f,~rst be paid as soon as possible.after my demise. • '! • • .• • ~ ... . ,\ I ' ~. 2nd. To my ten children, Adolph,· Elsie Hixenb~ugh, Elizabeth Mathews on, Gustav. Henry~ Carl, Marie Mi tchn:ar, Herman)~ Hilb~rt, ·Pauline· and Lucy, I. will. and bequeath share and share al-ike in all ora.ny money that may be in ~he bank, or any'place else, at the .time.· of my demise, or which may be my shar·e. of any joint l?ank account; . · . said shares to be given to each one of my chi1dren . as they. shall becane of age,. and the shares of those under twenty-one shall be. ~· ' ·kept in trust until such time as they shall re.ach th,eir major'ity. 3rd. I wili.and bequeath to my wife, Anna Er.mlieh, all my Real E#state, wherever located, whether in my name or my share of any . ·. .. \;· ~: ~: ': . -:· ,,; . joint ownership; she to have the same d~ring he.r life; and at her.·, ·.·· ·. ·. · · -·:··~ ... ~-~-~ -·---------... -· ---···-...··-·-··...__-~·-·-.... ~~--·· .. :-·--·--·_.__ ......... _ ... _-:· ··-.. ----.. -·",-·-·,--.. ~·-· .. --·:-·...,·-. -"':";' ----·-. -.--·-· ·:r·-~ ··~ ~-•·.";:· ·-.-···· . --·c . death to be divided equally among the aforementioned children. . .... '' . 4th. The residue of my est~te I w111· and bequeath to my /: wife, Anna 'Ermlich~ I do hereby make, constitute and appoint Anna Ermlich, my wife, to be Executrix of this'my last Will and Testament without bond. IN WITNESS 'WHEREOF, . I, Gustav Ernlich, :the. Testa tor above nrun.ed, have hereunto· subsc.ribed my· n~~ · antl ·affixed my seal, the Nineteenth day of November in the year· of our Lord ·one thousand nine hUndred .. • ! Twenty-Four. Gustav Ermlich (seal) · Signed, sealed,· published e.nd deqlar'ed·by the above named Gustav' Ermlich as and for .his ~ast Will and T·~stament, in· the presenc.e or. , . .. . us, who have hereunto subscribed .our names at' his request a.s witnesses··. thereto in the presence of the said Testat () and of each other. ·Joe T. ~. Cowen ; 1 '· ·. .. Margaret Nicolette EXHIBIT "A" '.1 • ·-;.1'.:-! . ' :I I hfc/gm -. '' . . . . . . 1-2 10/1~/68 IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. IN RE: ESTATE OF GUSTAV ERMLICH, DECEASED. ) ) ) No. /:JJ=/ of 1968. 0 R D E R AND NOW, October ~~, 1968, upon consideration of the annexed petition, the Register of Wills is authorized to grant Letters of Administration, D.B.N.C.T.A. upon the Estate of Gustav Ermlich, Deceased, to Pauline M. Guest, conditioned only upon the furnishing o£ surety bond ~n the sum o£ $2,500.00, and it is ORDERED and DECREED that said fiduciary is given the right to work an equitable conversion of the real estate and to sell same by public auction on Saturday, November 2, 1968, at 11:30 a.m. or at any continuation thereof, and thereafter she shall make an appropriate Report to the Court. Advertising shall be done according to Court Rules, but to be inserted only once P. V. Mar .. ... _:. !· IN THE ORPHANS' COURT.OF WASHINGTON COUNTY, PENN'A. No. 1321 of 1968 IN RE: ESTATE OF GUSTAV ERMLICH, DECEASED. RETURN OR REPORT OF PUBLIC SALE OF REAL ESTATE and ORDER OF CONFIRMATION i• I 1.-J '",} £ ~ -.. ~~ : _--, . - -:-:-:: ~ -.. .t i~ -.-._) - ;:: ~ .. _, ~ ··"\ ~ . ;-,...., i \. r. -~ ~ -· ~ ,~ .. . ~: r~: ~ ·., ,~ r--: CJ ~ ~ rw -(/) ._; ' ~ .. J~0! !::.. 0 ~:T£~ ~~4/rut~~~_z:.,~ ~Of/, ~n.«v / I ~~~:;-b7 .Y 'C HFC/gm , 1-3 11/4/68 IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF GUSTAV ERMLICH, ) ) ) No. 1321 of 1968 DECEASED. RETURN OR REPORT OF PUBLIC SALE OF REAL ESTATE TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT: PAULINE M. GUEST, Administratrix, D.B.N.C.T.A. of the Estate above named Gustav Ermlich, deceased, herewith reports to said Court as follows: 1. That by order, dated October 14, 1968, your Honorable Court directed the said Pauline M. Guest to expose to public sale that part of Lot Number (6) Six of the Original Plan of the Borough of Stockdale, Washington County, Pennsylvania, owned by said decedent at the time of his death on May 25, 1931. 2. That pursuant to said order, your petitioner, after public notice by advertisement on October 24, 1968 in The Valley Independent and in the Legal Journal, by the posting of handbills and larger notices on the premises, as requi~ed by the Act of Assembly and by Rule of Court as amended by the said order of October 14, 1968, did expose the said piece of real estate to public ~ale at the hands of licensed auctioneer and real estate broker Wylie S. Rittenhouse on Saturday, November 2, 1968 at 11:30 a.m. The auctioneer had also advertised the sale two times in the Washington Observer. 3. As the decedent's widow, Anna Ermlich, had con- tinued to occupy the premises some 36 years after the decedent's death, to better identify the property to potential buyers, the auctioneer listed the property as belonging to Anna Ermlich, as reference to the handbills will reveal; your petitioner is of the opinion that the advertising was sufficient as approximately 35 peisons were in attendance at the time of the sale. .. 4. That at said sale your petitioner sold the pre- mises to Ralph Rozzi and Victoria C. Rozzi, his wife, for $1,100.00, they being the highest bidder, and said price being the highest and best price bid for the premises. 5. That at the time of the sale your petitioner's counsel,Howard F. Carson, Esquire, explained to the participa- ting bidders the mechanics of continued bidding at the time of the presentation of this Return or Report on Tuesday, November 12, 1968, at 10:00 a.m. 6. That a copy of the handbill and proofs of publica- tion of the formal notices of advertisement of the sale in the Legal Journal and in The Valley Independent in compliance with the Act of Assembly and Order and Rule of Court are attached hereto marked as Exhibits 11A, B and C11 • WHEREFORE, your petitioner prays your Honorable Court to confirm the said sale, to authorize the Administratrix, PAULINE M. GUEST, to make, execute and deliver a deed in fee simple to the hereinabove named successful bidder. And she.will ever pray, etc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) SS: Personally appeared before me, a Notary Public, Pauline M. Guest, who, 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 her knowledge, information and belief. Sworn to and subscribed before me this /(; .U..,day ~'-~-OV= 1968. ·>·.····.JW~ ,\ ·, / "' . 5~ N ary Public . . GAZElLA MUCY, NOTARYPUBLIC CHARLEROI BOROUGH, WASHINGTON COUNTY MY COMMLSSI.Q~ ~XPIRES AUG. 30., l!U.l . ~dud{~ Fallline M. Guest -2- . ..-:--.. Estate i of Real Estate -Belonging to Three Estates I ALL;SELLING THE SAME DAY Saturday, November 2, 1968 I , 9:30 A.M. 10:30 A.M. 11:30 A.M. THE SALES WILL BE HELD ON THE PREMISES OF EACH PROPERTY .. I ! I• t ' I rEstate of Raymond Moore LOCATED: 315 LYNN STREET ROSCOE, PA. 9.'3 0 2-Story Frame Dwe.lling situ-ated upon a 25 x 150 lot. This is a Choice River Fro'nt Property ·wit·h New Gas Furnace and ot·her good remodeling features - Ne~r Schools -Churches -Prime ln.vest·ment. Mrl John A. Gibson, Executor-TE·RMS: 10% Cash Down at Time of Sale, Bat. en~e upon delivery of Deed. ' Estate of Sophia J. Parshall 612 ALL1E:N AV·EN·UE /0:3 () STOCKDALE, PA. 6 Room and Bath, •Ran·ch Style Residence situated on a level 40 x 100 ft. lot· •. Wa-11 to Wall Carpeting-Modern Bath and Kitc-hen-Fuii•Basement-Ready To Move ln. Mr. Will-iam Parshall, Executor. T-ERMS: 10% Down at Time of Sale, Balance Due on D~livery of Deed. }_ Est-ate of Anna Ermlich 718 RAJ.LROA•D STR·EET STOCKDALE, P~. ' This Property is a lot fronting 44 feet on Railroad Street -and 165 fee.t deep. Situated thereon is an B-Room Frame lnsilbric Brick Dwelling. This property is be:ing offered by order of the Orphan's Court of Washington County No. 1321 of 1968 and is .being offered subject to Return of SalE~ and Request for Confirma, tion to be made at the Court at 10:00 A.M. Novem~r 12, 1968 as to acceptance of bids and the right is reserved to ·reject any bids for inadequacy of price or irresponsibility of the bidder. Pauline M. Guest, Adm. D.B.N.C.T.A: TERMS: 10% Down at Time of Sale, Balance due on Delivery of Deed. Audtitmeer Wylie S. Rittenhous,e UNIONTOWN, PA. PHONE 438-0581 Attorney For The Above Estates: HOWARD F. CARSON, Esq. C'harleroi, Pa. 3 ESTATES ;• Plan To Attend offered the same day .· Washington County Reports Washington, Pennsylvania PROOF OF PUBLICATION (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs (3) and (25). CouNTY OF W ASHJNGTON } STATE OF PENNSYLVANIA SS. Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, publ,is'hed weekly having its place of business at Washington, Washington County, Pennsylvania, and is act- ing, as its agent in t'his behalf; that the said WASHINGTON COUN1Y REPORTS was established on March 31, 1920, and was designated as the official legal publication for Washington County, Pennsylvania, by order of the several courts of said County, dated November 11, 1920; that the printed notice or adver- tisement attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: ......... Q~!QJ?.~.r. .... ~4 ...... l~.Q.~ ................................ . •••••••••••••••••u••••••••••••-•••••••••••••••••••••~•••••••••••••••••••••••••••••••••n that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of <hi• ,!fidavi< i1;l ::·;re '"' ?Q': .. miib.l~«ioo •re ""' f:;J-1.£vLu4 ~~ Editor .... ?.,4Jb.day o ..... : ...................................... , ....... &ll.~ .... ~.L. . - otary Public KATHE~INE C. YARD, Notary Public Washmgton, Washington Co., Pa. My Commission Expir1ls November 1l 1966 "EXHIBIT 8" IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENN-SYLVANIA In re: ESTATE OF GUSTAV ERM-LICH, Deceased. No. 1321 of 1968. .TO ALL CREDITORS, HEIRS, DE-VISEES OR OTHERS INTERESTED: Notice is hereby given that the under-signed pursuant to Order of Court will on Saturday, November 2, 1968, at 11 :·30 o'clock, a.m., offer at public auction sale to be held on the premises, th.e following described real estate: Two story, 8 rooms and bath, frame dwelling situated on Part of Lot Nurri-ber (6) Six of the original plan of the Borough of Stockdale, Washington County, Pennsylvania, which Part Is more fully bounded and described as:1 Fronting forty-four (44) feet on RaUl road Street and extending back therel from of uniform width in a direction towards the Monongahela River for a. distance of one hundred sixty-five (165) feet to another part of said Lot Number ' (6) Six; and it is bounded on the sides farthest up-and-farthest down saidi River by other parts of said Lot Num-' ber (6) Six and contains in aH one-, sixth (1/6) acre of land, more or less, at 208 Railroad Street. /· ~ Being the same premises which were conveyed to ·Gustav Ermlich on June 27, 1893, by deed of Samuel Allen, which deed was recorded in the Recorder's Office in and for Washington County, on December 13, 1893, in Deed Book, Vol. 185, page 166. TERMS OF SALE -10% of amount bid or $150.00, whichever is larger amount, in cash on acceptance of bid, and balance in cash on confirmation of sale by the Court, with a Return of the sale and request for confirmation to be made to the Court at 10:00 o'clock, a.m., on November 12, 1968. Sale will be made subject to Rules of Court as to acceptance of higher bids and right is reserved to reject any bid for inadequacy of price or irrespon-sibility of bidder. 1 Pauline M. Guest, i Administratrix, D.B.N.C. T.A., c/o Howard F. Carson as Attorney for Estate, Charleroi, Pennsylvania , 6)8-l I (~ ;.---~-~--~~-~------'--"-~-~ ----p-_ .. ___,..}.,__;..~ -·~ ... -~~· "' Proof of Publication of Notice. in The. Valley Independent Under Act No. 587, Approyed May 16, 1929, P. L. 1784, as amended by Act. ·Na. 51 of April 24, 1931, P. L. 67 State of Pennsylvania County of Westmoreland }ss: Personally appeared before me William H. Pore, Secretary of Mon Valley Newsp9pers, Inc., a Penn- sylvania corporation, publisher of The Volley Independent, who, being duly sworn, deposes and says that The Volley Independent is a daily newspaper of general circulation in Fayette, Washington. and Westmti·reland counties, Pennsylvania, and elsewhere, published in the City of Monessen, Westmorel'and County, Pennsylvania, that it was established June 28, 1902, since which date The Valley Independent has been regularly issued in said county, arid that a copy of the printed notice or pub-lication is attached hereto exactly as the some was printed and published in the regular editions and issues of The Valley Independent on the following dotes, October 24, 1968 Affiant further deposes and says that he is General Manager of The Volley Independent, a daily newspaper of general circulation, and as such is authorized to verify the foregoing statement under oath, and Affiant is not interested in the subject matter of the aforesaid notice or advertise- ment, and that all allegations in the foregoing statements as to time, place and character of publica- tion ore true. ~ ) ;; F~ COPY of NOTICE IN i'HE ~o~P~S' COURT OF., WASHINGTON COUNTY, PENNSYL· _· VANIA. In re: ESTATE OF GUSTAV ERMLICH, Deceased: .. No. 1321 of 1968 . . TO ALL CREDITORS, HEIRS; DE· • VISE.ES OR OTHERS INTERESTED: , Notice Is hereby given that the under- signed ·pursuant to Order of Court will on Saturday, November 2, 1968, at 11:30 o'clock, a,m .• offer at public auction sale · to be held on the premises, the follow-1 ljjg described real estate: • Two story, 8 rooms and bath, frame ciiNelllng situated on Part of Lot Number (6) 'Six-of the original plan• of the_ Bor· ough of Stockdale, Washington CountY, PennsYlvania, which Part is more fully : bounded and described as: , Fronting forty-four (44) fee~ on Rail· ' road St reel and extending back there-'·from of uniform width in a direction to-· \ wards the Monongahela R lver for a dis· . lance of one hundred sixty-five (165) feet to another part of said Lot Number (6) Six; and it is bounded on the sides far-.thest up and farthest down said River :by other parts of said Lot Number (6) My commission expires STATEMENT OF ADVERTISING COSTS: Howard F~ Carson, Attorney at Law 212 Fourth Street Charleroi, Pa. 15022 TO MON VALLEY NEWSPAPERS, INC., -DR. For publishing the notice or advertisement attached hereto in The [ Six and. contains in all one-sixth (1-~J acre· of land, more or less, at 208 Raol· road Street. 6 3 Q r co~;~~~t~g J~~:vP~~~W~~ :nhl~~n:'e!r: Volley Independent on above sto~@..d dotes ...... .5. .. lt. $ 1 • 0 1893', bY deed· of Samuel Allen, . which ~\\ \ ' deed' was recorded in the Recorder's Of. ,/ !il9~'? ;... ..... ) !ice in ··and for Washington Countv, on No•ory .(\11\.:>' · -~· .-.'\. $ • 50 ~'fe';abge; 1 1li,: 1893, in Deed Book, llol.j-' ............ ~.~£'~\··.:·"(-\'\,:t:,:.:.· .... :·~···....................... - l "TERMS OF SALE -10% of amount l ~~v~V-'· 1 ! ;iid or. $150.00, whichever is larg_er 1 . ..~n.~ i i \ \ amount, in cash on acceptance of bod, ~t'"' ,..,... ,.. ' \ and 'balance in cash on confirmation /" ~ t I ' J AJ ./ 13 50 .t~e';~~e b~,Jh;e;~~~t,f;,it~on~lr~~t~~~ f~ Total ......... l~ .. :.:(~ .... , .. l .. ·<g .. :ld:_:{":·.< .. 7 ... ~ ............. $ • t• be made to the Court at 10:00 o'clock, -. 1 """' ...-'\ \ 1·)., ~ • a.m., on-November 12. 1968. _..i! ...,.,.. V ..A'J:. '. Sale will be made subject to. Rules 'I '\ _... , / ,.,·· ~ ~of co~rt a~ .'o acceptance of. higher bid•.ISHER'S RECEIPT F~ A;rn E Tl lNG·· OSTS t lind nght •s reserved. to r~1ect any b~d j \ V .,. ..... ~·for inadequacY of pnce or lrresponslbll· • .>-"" • l~uv ot bidd~r-· nc., publisher of The olle , . pendent, a do1ly newspaper of general • ; Paul one M. ,Guest, . 1 • f th f ·~. • • d bl" ClrC: Administratrix, D.B.NcC.T.A. !S receipt 0 ~ 0 OreSOI~\<.· ertiSing an pU ICOtion COStS and Certi-!. c-o Howard F. Carson, as 1 · Y fies. AttorneY_ for Estate, July paid. .• Charleroo, Pennsylvania I .• 10;24 ~-===============--------MON VALLEY NEWSPAPERS; INC. By "'EXHIBIT C" '\ . i .... . ' -~ IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. IN RE: ) ESTATE OF GUSTAV ERMLICH, ) No. 1321 o£ 1968 DECEASED. ) DECREE OF CONFIRMATION OF PUBLIC SALE OF PART OF LOT 6 OF THE ORIGINAL PLAN OF THE BOROUGH OF STOCKDALE ik AND NOW, this ~day o£ November, 1968, the sale o£ part o£ Lot 6 of the Original Plan of the ·Borough of Stockdale, with the improvements thereon, as hereinafter described, and men- tioned in the annexed Return, is confirmed, and PAULINE M. GUEST, dministratrix, D.B.N.C.T.A. of the Estate of Gustav Ermlich is authorized to work an equitable conversion of the real estate, and she is further authorized, upon receipt of the purchase money inthe ~ sum of $ /j o-0. = , to make, execute and deliver to mq;¥~/hrd~c: ~,~R~ their heirs and assigns, a deed in fee simple to said premises and the improvements thereon, describ~d as: RONTING forty-four (44) feet on Railroad Street and extending back therefrom of uniform width in a direction towards the Monongahela River for a distance of one hundred sixty-five (165) feet to anoth?r a~t .. o£··said Lot No. (6) Six; and it is bounded on the sides far- thest up and farthest down said River by other parts of said Lot No. (6) Six and contains in all one-sixth (1/6) acre of land, more or less, at 208 Railroad Street. EING the same premises which were conveyed to Gustav Ermlich on June 27, 1893, by deed of Samuel Allen, which deed was recorded in the Recorder's Office in and for Washington County, on December 13, 1893, in Deed Book Volume 185, Page 166. The purchase money so received by the said PAULINE M. GUEST shall be accounted £or by her in the statement.and settlement of her Account or Petition as such Administratrix. Said sale shall have the effect of a judicial sale. 7:=e-~ ~~;f:_ ~~ ~1{¥3,-~, ·' ·-· (lo ·\fl " f ., n -~ If. I \t :J · .. .; ~ IN THE COURT OF COMMON PLEAS OE:•WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION No. 1321 of 1968. IN RE: ESTATE OF GUSTAV ERMLICH, Deceased .. DECREE and PETITION FOR DISTRIBUTION OF ESTATE OF LESS THAN $2,500.00 ~ ~. ~ ~ ~~"' ~\ ~~ ~'\.~~ ~~ i ~-~ -~ ~ .._ ~·m .-~·©·C.:: :;g,;,~ ,=<;: (J? f;,"J ~ ~-f'f1 G,"'.) ffi .. ~. ... c:n c.o -rt """""""' ~ '"-~ ~ i'' ~ -;,M F-© .:,.~,. ~ "="',.... ~-=i· ~ ~...::' ... ?i!r == f"';..) .c. m o; ... --.,,1';_ :::::. ·'!!> '. • . - ~ e; ~ ~­~·-P .F ii. •,. tO "tl't=e ~·~. . N '~'"'·'-~ .... ~Y-G:a~ .s&wrr"r~-6:ownM~M~ ~~ 15022 J /, j~-~32_ )( / I . ' I ..... ~ . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF GUSTAV ERMLICH, ) ) ) No. 1321 of 1968. Deceased. PETITION FOR SETTLEMENT AND DISTRIBUTION OF ESTATE OF LESS THAN $2,500.00 UNDER PROVISIONS OF SECTION 202 OF THE FIDUCIARIES ACT OF 1949, AS AMENDED. TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF SAID DIVISION: The Petition of PAULINE M. GUEST respectfully represents: 1. That Gustav Ermlich died on May 25, 1931, a resident of Stockdale, Washington County, Pennsylvania, leaving a will which was probated on January 23, 1933, whereupon Letters Testa- mentary were granted to Anna Ermlich, his surviving widow. She died April 21, 1967. 2. That said will had provided for a life estate for Anna Ermlich in a certain One-Sixth (1/6) Acre part of Lot 6 in the Original Plan of Stockdale with a remainder over to ten named '' children of the decedent and his said .. widow. During the period ' from decedent's death in 1931 to his widow's death in 1967 the tenancy in said real estate retained its original status. 3. That when these matters were brought to the attention of this Court by petition filed October 14, 1968, this Court authorized the Register of Wills to grant Letters of Administra- tion, D.B.N.C.T.A.,to the herein petitioner, Pauline M. Guest. 4. That on October 14, 1968, the Court gave your petition- er the right to work an equitable conversion of the real estate and to sell the same at a public auction on November 2, 1968. Such I auction was held and returned and reported to the Court on November I 12, 1968 , on which date the Court Decreed a Confirmation of the , sale directing that the Administratrix's bond be increased to II I ~ . . ' $3,000.00; such bond was thereafter furnished by your petitioner .. · 5. The children who predeceased their mother and the names i and address of their issue are: :! a. Adolph Ermlich -died in 1947 leaving no issue. b. Marie Mitchner -died in 1951 leaving: 1) Betty Rutherford, 235 Hillcrest Drive, California, Pa. 15419 2) Lorraine Rice, 619 Wood Street, California, Pa. 15419 3) Dolores Matyas, RD#2, Box A-7, Charleroi, Pa. 15022 c. Elsie Hixenbaugh -died in 1962 leaving: 1) Ray Hixenbaugh, Elco, Pa. 15434 2) Robert Hixenbaugh, 411 Woodward Avenue, North Charleroi, Pa. 15022 3) Doris Welsh, Roscoe, Pa. 15477 d. Gustav Henry Ermlich -died in 1964 leaving: 1) Leo Ermlich, 403 Acton Street, Lewisburg, Ohio 45338 2) Imogene Ermlich, Torrance State Hospital, Torrance, Pa. 15779 (a) Her guardian is Beatrice Ermlich, Box 37, Lewisburg, Ohio 45338 (b) Her State Revenue Agent has his office at Torrance State Hospital, supra. 6. The net distributive funds will be divided one-ninth to each of the living children of the decedent with Adolph Ermlichs one-tenth share having passed to the other nine, with Marie Mitch~ ner's one-ninth share being divided one twenty-seventh to each of her children, with Elsie Hixenbaugh's one-ninth share being divid- ed one twenty-seventh to each of her children, and with Gustav Henry Ermlich's one-ninth share being divided one eighteenth to his first named child and with Imogene Ermlich's one-eighteenth share going to her Guardian for the use of the Pennsylvania Depart- , ment of Public Welfare. 7. That the hereinabove mentioned part of Lot 6 was the only now known existing asset of the decedent. 8. That your Petitioner knows of no outstanding debts against the decedent or his estate, other than the costs, fees and commissions applicable to this instant proceeding and the heretofore held public auction. 9. That an Inventory and Appraisement was filed on March 17, 19~3, in Inventory Book Volume 45, Page 93, listing only an automobile; an Appraisal for Inheritance Tax purposes was filed which listed said automobile and the above mentioned lot of ground. As was the custom and practice of the Bar at that time, a State- ment of Debts and Expenses was filed, the Inheritance Tax was paid on March 27, 1933, as reference to Rec~ipt No. 6730 will show, and nothing else was done during the intervening thirty-five years. 10. That the will of said Anna. Ermlich was duly probated in the Office of the Register of Wills of Washington County on May 11, 1967 and your petitioner was appointed Administratrix, C. T. A., on that date. 11. That the gross selling price of the instant realty was $1,100.00; that filing fees, notary fees and advertising expenses totaling $122.30 have been paid leaving a balance for distribution of $977.70. 12. That the eventual distributees of the net assets of the Estate of Anna Ermlich are identical with the persons entitled to share in the proceeds of the instant·Estate, and in the same pro- portions, and that to distb±bute the aggregate proceeds of both Estates would expedite and simplify their joint administration. WHEREFORE., your petitioner p:tays your Honorable Court to direct distribution to her in her capacity as Adm1nistratrix, C.TA, of ~h~ Estate of Anna Ermlich, of the net proceeds of the instant Estate for the purpose!of adding such proceeds to that Estate and to include same in that Estate's Accounting and eventual distri~ bution. And she will ever pr~y, etc. _A!/ !l 1 7?·7 &// -... / .J~?nf/L/r /~ Pauline M. Guest, Administratrix, D.B.N.C.T.A. •. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHINGTON ) Pauline M. Guest, the petitioner named in the foregoing Petition, being duly sworn according to law, before me, a notary public, says that the matters and things set forth ~n the fore- going Petition are true to th~ best of her knowledge and belief. Sworn and subscribed before me this 8th day of Ma~ch, 1969. Notary Public . ~ ~ARTIN WEHOUSIE, Notary Public r. ·~.CHARLEROI, WASHINGTON CO., PA, . ,;~ My Commission expires Mar. 25. 1972 .. HFC/cr 1 -3p IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF GUSTAV ERMLICH, Deceased. ) ) ) No. 1321 of 1968. D E C R E E AND NOW, this C6z /7 -··day of March, 1969, upon consideration I of the annexed petition and pursuant to the provisions of Section 202 of the Fiduciaries Act of 1949, as amended, the Court Orders and Decrees that the net distributive assets of the Estate of Gustav Ermlich, deceased, in the sum of $977.70 be hereby awarded to Pauline M. Guest, Administratrix, C. T. A., of the Estate of Anna Ermlich, for the purpose of adding said sum to the assets of the Estate of Anna Ermlich for purpose of accounting and eventual distribution. ..<G'!~ P.J.j