HomeMy WebLinkAboutOC1971-0849 - ESTATE OF OPATKIEWICZ·
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:
NANCY OPATKIEWICZ and
EDWARD OPATKIEWICZ,minors.No._x..F-L.iJ-I-9---!:~~19 71
PETITION BY NATURAL GUARDIAN FOR
AUTHORITY TO SELL AND CONVEY MINOR'S
INTEREST IN REAL ESTATE AT PRIVATE SALE
TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
The petition of KATHERINE OPATKIEWICZ,respectfully
represents:
1.That your petitioner is the mother of Nancy Opatkiewicz and
Edward Opatkiewicz,wlDse respective ages are sixteen (16),and thirteen (13)
years.The father,Edward Opatkiewicz is deceased and your petitioner is
therefore their natural guardian.
2.That each of said minors is seized of an undivided (less than
undivided 1/10)interest,free of encumbrances,in the following described
real estate:ALL that certain parcel of land,situate in the Borough of
Donora,Washington County,in the State of Pennsylvania,and being
Lot No.36,in Block No.24,in Union Improvement Company Plan of
Lots in said borough;which Plan of Lots is of record in the Recorder's
Office of said Washington County,and which said Lot No.36,in said
Block No ..24,and hereby conveyed,is described as follows:
BEGINNING at a point in the Southerly side of Liberty Avenue,
at the dividing line between Lots Nos.36 and 37,in said Block No.24,
and running thence,along said dividing line,in a Southerly direction,
a distance of 109.04 feet,more or less,to a point in the Northerly
line of Weis Street,formerly Prospect Avenue;thence along said line
of said Weis Street,in a Westerly direction,a distance of 40 feet,to
a point in the dividing line between Lots Nos.35 and 36,in said Block
No.24;thence,along said last mentioned dividing line,in a Northerly
direction,a distance of 99.27 feet,more or less,to a point in the
Southerly line of said Liberty Avenue;and thence along said line of said
avenue,a distance of 41.32 feet,more or less,to the point at the
place of beginning.
3.That said undivided interests in real estate were acquired by
the said minors by descent from their father,Edward Opatkiewicz,who died
intestate on August 11,1966,a resident of Springboro,Crawford County,
Pennsylvania,leaving to survive him as the persons entitled to his estate under
the intestate laws the following heirs:
A.Katherine Opatkiewicz,wife
B.Nancy Opatkiewicz,daughter,minor
C.Edward Opatkiewicz,son,minor
4.That the remaining co-owners of the said premises have agreed
and desire to sell the aforementioned premises for the total sum of $3,700.00
of which the said minors will receive an estimated sum of less than $100.00,
less their respective share of expenses involved in said sale.
5.That the said real estate is assessed for taxation in the sum
of $1,820.00 as appears from certificate of assessed valuation hereto attached
Affidavits as to the value of said real estate by two competent persons are also
hereto attached.
6.That your petitioner believes that $3,700.00 is a fair price
for the premises and a better price than can be obtained at public sale,and
that the proposed sale will be to the interest and advantage of the minors
because it will dispose of the small fractional interests of each of the minors
therein at an advantageous price satisfactory to all of the many parties in
interest.
7.That neither of said minors have any estates other than
their respective inheritances from the said Edward Opatkiewicz,deceased.
Said real estate was the only real estate owned by said decedent at the date
of his death and the value of the undivided interest of each of the minors
therein is less than $100.00.
WHEREFORE,petitioner prays your Honorable Court,under
the authority vested in it by the Fiduciaries Act of 1949,as amended,to
authorize her as natural guardian of said minors to join with the other parties
in interest in the sale of the real estate aforesaid.
COMMONWEALTH OF PENNSYLVANIA )
ss.:
COUNTY OF WASHINGTON
Personally appeared before me,a Notary Public in and for
said County and State,KATHERINE OPATKIEWICZ,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
,1971-~==--;;:p=<:::::.....--
'.
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS 1 COURT DIVISION
IRe:
)
NANCY OPATKIEWICZ and )
EDWARD OPATKIEWICZ,minors.)No.1971--------_-...:._--
JOINDER
We the undersigned,NANCY OPATKIEWICZ and EDWARD
OPATKIEWICZ,minor children,aged sixteen (16)and thirteen (13)years
respectively,of Edward Opatkiewicz,deceased,have read the attached
petition of our mother,Katherine Opatkiewicz,and join in the prayer of same.
'.
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS 1 COURT DIVISION
Re:
I
1971
NANCY OPATKIEWICZ and )
EDWARD OPATKIEWICZ J minors )No.-----------
D E C R E E
AND NOW,~/L ~rI2 (-r,1971,the Court being\/,lL -.
of the opinion that the proposed sile will be to the interest and advantage of
the minors,NANCY OPATKIEWICZ and EDWARD OPATKIEWICZ,that
$3,700.00 is a better price for the premises than can be obtained at public
sale;KATHERINE OPATKIEWICZ,natural guardian of NANCY OPATKIEWICZ
and EDWARD OPATKIEWICZ,minors,is authorized to join in the conveyance
of the following described real estate:ALL that certain parcel of land,
situate in the Borough of Donora,Washington County,in the State of Pennsyl-
vania,and being Lot No.36,in Block No.24,in the Union Improvement
Company Plan of Lots in said borough;which Plan of Lots is of record in the
Recorder's Office of said Washington County,and which said Lot No.36,in
said Block No.24,and hereby conveyed,is described as follows:
BEGINNING at a point in the Southerly side of Liberty
Avenue,at the dividing line between Lots Nos.36 and 37,in said
Block No.24,and running thence,along said dividing line in a
Southerly direction,a distance of 109.04 feet,more or less,to a
point in the Northerly line of Weis Street,formerly Prospect Avenue;
thence along said line of said Weis Street,in a Westerly direction,a
distance of 40 feet,to a point in the dividing line between Lots Nos.35
and 36,in said Block No.24;thence,along said last mentioned dividing
line,in a Northerly direction,a distance of 99.27 feet,more or less,
to a point in the Southerly line of said Liberty Avenue;and thence,along
said line of said avenue,a distance of 41.32 feet,more or less,to
the point at the place of beginning.
with the other parties in interest in the private sale and conveyance to
STEPHEN GRCICH,his heirs and assigns without the entry of security.
The said natural guardian KA THERTNE OPATKIEWICZ,is
referredauthorizedanddirectedtodepositthefundsbelo,ing to said minors,
t~lhiS order in her name as guardian in th:;.e:;.J(~~~~.c:.~rl.:L:~e-.J~~~~..!...!:.~-:
.~~')9,7~~
?our t,
•
at public sale.
-.-.
IN THE
COURT OF COMMON PLEAS OF "WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:
NANCY OPATKIEWICZ and
EDWARD OPATKIEWICZ)minors.No.1971
AFFIDAVIT OF VALUE
Personally before me a Notary Public,the underslgned
authority)came GLADYS C.CHRISTOPHER and JOHN McCANS )who,
being duly qualified,depose and say that at the request of S.Barry Anderson,
Attorney for the Opatkiewicz heirs,did well and truly and without prejudice
and partiality value and appraise the real estate known as Lot No.36,Block
No.24,of the Union Improvement Company's Plan of the Borough of Donora,
Washington County,Pennsylvania;and known as /II$I",'f§J Liberty Avenue in
said Borough and in all respect perform their duties as appraisers to the
best of their skill and judgment;and,further,that they are acquainted with
the value of real estate in the locality of such real estate;that they are not
employees of any fiduciary in either of the minor's estate nor personally
interested in the proposed sale,and that)in their opinion,the price to be
paid at the proposed private sale of $3,700.00 is greater than can be obtained
g~~r~
GladY~"9 .llristQRher
S~orn to and subscribed before me /'
this 17th day of August )1971 •
.~~-4?a '"/2~.•""'"\e/
Notary PylSlic
Notary PubliC.Donora.Was~gton County
My Commission Expires July 30,1971
,-~-r~~'j
WMMIHG1'O"COUNT\'.AIt AHOCaATION
.".HaMGTON.PI..
Made the 2nd day of August 1971
(hereinafter called."Seller")and
Between DOROTHY BERESTECKY,(Nee Opatkiewicz),Agent for Mary Opatkiewicz
heirs of Donora,Washington County,Pennsylvania,
.STEPHEN GRCICH of Donora,Pennsylvania,(hereinafter called "Buyer").
WITNESSETH,that for the consideration hereinafter set forth·and intending to be·legally bound the Seller and
Buyer mutually agree as follows:
1.Seller agrees to sell and convey to buyer on or before thirty (30)d~ys
by general warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property
\described in Paragraph 8 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Three Thousand
Seven Hundred and No/IOO ($3,700.00 )Dollars as follows:The sum of Twenty-
five and No/ioo ($25.00)Dollars upon the signing of this agreement,receipt of which
is hereby acknowledged,and the balance of Three Thousand Six Hundred Seventy-five
and No/IOO ($3,675.00)Dollars upon delivery of deed.
3.PO'ise'i"jon ....hall he grn-'n on
at t1",nificc-'of Srlkr'"attOI'IH\..I~
delivery of deed ~x,and settlement shall be made
vt~....:..I'as follows
Settlement will be made at a place mutually 'agrc>eable to the parlil's herem.
4.Buyer ::Ind Seller shall t'ach pay one-half of all "tate and local realty transfer taxes payable upon this
transaction,hut real estate taxes,S\'\\Tr chaq~t·'i,~llld rents and l'O\alties shall be prol'atl'll on a cakndar year basis
between Seller ·and Buyer as of date of deli\er)of possession of the pn·mises.except as hl'reinafter set forth:
No exceptions.
::>.From and after the date of this agret'lnent,insurance shall be provided and paid for as follows:
Seller will maintain insurance until delivery of deed to Buver.
6.Time is of the essence of thi'i A?;reement.
7.The parties further agree as follows:
,I,'"'.
8.T}1e real property which is the subject of this Agrt'ement ·is described as follows:
ALL that certain parcel of land,situate in the Borough of Donora,Washington
County,in the State of Pennsylvania,and being Lot No.36,in Block No.24,in the
Union Improvement Company Plan of Lots in said borough;which Plan of Lots is of
record in the Recorder's Office of said Washington County,and which said Lot No.36#
in said Block No.24,and hereby conveyed,is described as follows:
BEGINNING at a point in the Southerly side of Liberty
Avenue,at the dividing line between Lots Nos.36 and 37,in said
Block No.24,and running thence,along said dividing line,in a
Southerly direction,a distance of 109.04 feet,more or less,to a
point in the Northerly line of Weis Street,formerly Prospect Avenue;
thence,along said line of said Weis Street,in a Westerly direction,
a distance of 40 feet,to a point in the dividing line between Lots Nos.
35 and 36,in said Block No.24;thence,along said last mentioned
dividing line,in a Northerly direction,a distance of 99.27 feet,more
or less,to a point in the Southerly line of said Liberty Avenue;ami
thence,along said line of said avenue,a distance of 41.32 feet,more
or less,to the point at the place of beginning.
Excepting and reserving,all of the natural gas and oil
underlying said lands,but no wells shall be drilled on the same for
either oil or gas;and,also expressly saving and reserV'ing to the said
grantor,for and during the full term of her natural life,the said Mary
Opatkiewicz having died September 4,1963.
For rh8in of titlp SP('dpprl of M~ry ()prltki P \,,-i('7.,winow.
to Anna Dulak,et.ux,et.a1.recorded in D.B.Vol.616,page 79,Recorder's Office
of Washington County,Pennsylvania.
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·.
9.If Buyer defaults in payment or performance for ~O days,Seller may,at Seller's election,
use one or more o~the.fnllowin~remedies in addition to or instead of any other remedies provided by law:
(a)re~rind this a~reement and retain all sums paid on account hereof as liquidated damages,in
which case Seller shall retain title to the real estate free :111<1 rlear of any uhlig-atioJ1 or duty to Buyer and Buyer
shall '11"1"('I1<ler this \t::reel1lt'J1t fill'rancelbtioli,
(b)eject Buyer 1'1'0111 ~~id real estate,1'01 wlllCh pl.l\I(I'"H.lyer hneby authol'l/.e~allY attorney
of any Court of Hecord to appear for Buyer and cuuftss jl1d~ment agaiJ1~t Bu~t"r in an amiralJle action of ejectment,
with immediate writ for possession of the real estate and for danwgt·s,to include attorney'~cOllllnission of 15 (70
or :$xxxxxxx and costs,hen-by waiving stay of executiun,nemption and inquisition,\\ith release of all errors;
(c).affirm this agreement b~deli\Try of <ked to Buyer,declare all sums due hereunder to be
forth\\.ith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes
and f'mpowers any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer for
the \\'hole balance due,together with interest,attorney's commission of 1;)o/c lff-xfxxxxxxxx ,and costs,
and hereby agrees to immt'diate execution thereon,wai\'ing stay of exeCllllOn,exemption and inquisition,with re-
least'of all errors.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns of the parties.Whenever used herein,the singular number ~hall include the plural,the plurai the singular
and the use of any gender shall include all genders.
NOTICE _THE USE OF ONE OR MORE COAL CLAUSES :VIAY OR MAY :-;'0'1'BE RE<iUIHED BY LAW WITH THIS
AGREEMENT.
j
.(SEAL)
WITNESS the due'execution hereof the day and year first above written.
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WITNESSED B8
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___1,1 _
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
Washington,Pa.._~~~~~.J·.9.19..V:..
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 71 ,assessed in the district of Donora
.
in the name of
Opatkiewicz,Mary Est.
Dorothy Berestecky
419 Kenneth St.
DOnDra,Fa.15033
24-23-85
DB05080502
1,820•
BOARD FOR THE ASSESSMENT
AND REVISION OF TAXES
By di 11 '!e&k/:;?9<
Chief Assessor.
Lot 36 120.
.'2 Sty Fr Hse 775.:
"'2 Sty Ft lIse 925.
",...
I
(SEAL)