HomeMy WebLinkAbout03-10-08
ESTATE OF SUELLA BENTZEL,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
ESTATE NO. 2007-00018
FAMILY SETTLEMENT AGREEMENT
FINAL RELEASE AND INDEMNIFICATION
THIS AGREEMENT, by and between Mary Ann Bittner, individually and as
Adminstratrix of the Estate ofSuella Bentzel, Deceased, and Lynn Whitzel, daughter of the
deceased (hereafter collectively referred to as "Parties")
WHEREAS, Suella Bentzel (hereafter referred to as Decedent), who resided 307
Hemlock Road, Mechanicsburg, Cumberland County, Pennsylvania, died December 29,2006,
without a Last Will and Testament; and
WHEREAS, Mary Anne Bittner has been duly appointed as Adminstratrix ofthe Estate
of Suella Bentzel; and
WHEREAS, Letters of Administration on the Estate of the said Decedent were duly
issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Adminstratrix
on January 5, 2007; and
WHEREAS, the Parties are the only children and heirs of Suella Bentzel;-:~
" ~'r J
::)
WHEREAS, the parties in interest under the laws of interstate distribution ~
'., "
" .!
C)
(1)
(2)
Mary Anne Bittner, Adminstratrix
Lynn Whitzel,
(-;
WHEREAS, the said Adminstratrix has gathered the assets of the Estate of Deced~ and
the assets consist of both real and personal property; to a total net loss of$7, 558.40; and
WHEREAS, the Parties are entitled under the law of interest and distribution to the real
property located at 307 Hemlock Road, Mechanicsburg, in Cumberland County, Pennsylvania;
and
WHEREAS, the Parties transferred such property located at 307 Hemlock Road,
Mechanicsburg, to U.S. Bank National Association, via a deed in lieu of foreclosure, with the
mortgage lien holder, in consideration of($1.00), filed with the Cumberland County Recorders
Office on January 24,2008, Instrument # 200802395. A true and correct copy of which is
attached hereto and made a part hereof as ("Exhibit A"); and
SKAJR[A'][U; & WNAOO-IlllP
ATTORNEYS AT LAW
Family Settlement Agreement
Estate of Suella Bentzel
Page 1
~j
WHEREAS, Mary Anne Bittner, Adminstratrix is entitled to a one-half (1/2) distributive
share of the residuary estate; and
WHEREAS, Lynn Whitzel is entitled to the one-half (112) distributive share of the
residuary estate; and
WHEREAS, the Parties have been furnished with a complete listing of the Estate assets,
receipts and disbursements as set forth on the Accounting, as attached hereto and marked as
Exhibit "B"; and
WHEREAS, the Parties agree and acknowledge that the Estate is insolvent and that there
are no funds available for distribution; and
WHEREAS, The Adminstratrix has advanced $10,000 from funds she received as the
named Beneficiary of the John Handcock Life Insurance Policy owned by the Decedent to pay
for the funeral, administrative and miscellaneous home repair costs; and
WHEREAS, it is the desire of the Parties that closure of this Estate be accomplished
without a formal accounting to the Orphans' Court Division ofthe Common Pleas of
Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of
a formal accounting; and
NOW THEREFORE, intentionally to be legally bound herby the parties represent,
warrants, covenants and agrees as follows.
1. All of the foregoing premises are true and correct, and are incorporated by
reference in this agreement.
2. Parties to this Agreement hereby release, quit-claim and forever discharge Mary
Anne Bittner, Adminstratrix, from any and all liability which may from time to time arise in
connection with her service as Adminstratrix of the Estate of Suella Bentzel, Deceased. The
Parties do further agree to indemnify and hold harmless said Mary Anne Bittner, Adminstratrix,
from any and all claims, loss, damage, or liability, which may arise against the above-referenced
estate from creditors or to her claimants.
3. Each Party waives her right to have a First and Final Account of MaryAnn
Bittner, Adminstratrix of the Estate ofSuella Bentzel, filed with the Register of Wills of
Cumberland County, Pennsylvania. Each Party accepts and approves the account with the same
force and effect as if it had been filed in the Office of the Register of Wills of Cumberland
County, Pennsylvania, audited in the Orphans' Court of Cumberland County, ("the Court"), and
confirmed absolute.
4. The Parties to this Agreement acknowledge that this Agreement shall be indexed
and recorded in the Estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, representatives, and assigns.
SKAmA'fOS& lDNAOOJI UP
ATTORNEYS AT LAW
Family Settlement Agreement
Estate of Suella Bentzel
Page 2
5. This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania, without regard to its conflict of laws provision. The provisions of this Agreement
shall be securable in the event that one or more thereof shall be deemed invalid or unenforceable
provision that had never been a part hereof.
In WITNESS WHEREOF, the following have caused this Family Settlement Agreement
to be executed in their respective duly authorized capacities this day of January, 2007.
/Y}'
Mary Ann Bittner
Individually and as Administratrix
d~1~~e]
SKAJRIlA1l'Q3 & 1DNAJRIICH IUP
ATTORNEYS AT LAW
Family Settlement Agreement
Estate of Suella Bentzel
Page 3
COMMONWEALTH OF PENNSYL VANIA
COUNTYOF ~il :
On this, [)!lCld day of FebruD..r~ ' 2008, before me a Notary Pnblic, the
undersigned officer, personally appeared MAR ANN BITTNER, mdIvIdually and as
Administratrix, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledge that she executed the same for the
purposes therein contained.
SS
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
COi\riMONWEAL TH OF PENN'SVL' '\" ,,:,
_ '.rl,..~".i-\
Notarial Seal i
Christina L. Leedy, Notary Public I
City Of Harrisburg, Dauphin County
. My Commission Expires May 3 2008
, I
Member, Pennsylvania Association Of 1\Iotari;;:
SKAmA'ff8&ZO~ UP
ATTORNEYS AT LAW
Family Settlement Agreement
Estate of Suella Bentzel
Page 4
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ~Yl SS
On this, .!l.B..- day of '-{ '.~ , 2008, before me a Notary Public, the
undersigned officer, personally appeared LYNN ITZEL, known to me (or satisfactorily
proven) to be the person whose name is subscribe to the within instrument, and acknowledge
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(l~Ib:f~{SEAL)
NOTARY PUBLIC
NOlanal Spa!
':hristn8 L. Leedv. Not"rv Dub!if
::I~! Of H:cmisburo D3Uphl;1 C('l 'n~'
,""\" C!)fl'ln:!ssion E;vp:res r'.J;,lV ')
SKARA'fffi& WNAOOJI lIP
ATTORNEYS AT LAW
Family Settlement Agreement
Estate ofSuella Bentzel
Page 5
), Cj f-
e
Record and Rennn to:
Phelan, Hallinan, & Schmieg, LLP
400 Fellowship Rd.
Mt. Laurel, NJ 08054
Fee simple
. THIS INDENTURE
Made this
11'\--
day of A ~5>t ,2007
Between
Mary Ann Bittner, Adminstratix of The Estate of Suella Bentzel
(hereinafter called the "Grantor"), of the one part,
//
And
u.s. Bank, National Association
(hereinafter called the "Grantee"), of the other part,
Witnesseth, that the said Grantor for and in consideration of the sum of ($i.00) one Dollar
lawful money of the United. States of America unto her well and truly paid by the said Grantee, at
or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, granted,
bargained and sold, released and confirmed, and by these presents does grant, bargain and sell,
release and confirm unto the said Grantee its successors and assigns,
ALL THAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a concrete monument as shown on the nereinafter mentioned Plan of Lots, at the intersection of the
northeastern side of Hemlock Road, with the northwestern side ofa 50 feet right of way; thence by the northeastern
side of Hemlock Road North 44degrees 01 minute West 125.34 feet to a point; thence by thedividing line between
Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the
dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to
a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side ofthe
above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of378.85
feet, an arc distance of 52.35 feet to a concrete monument, thence by same South 39 degrees 35 minutes West 54.60
feet to a monument, the place of Beginning.
BEING Lot No. 56 in the Plan of Lots of Spacious Acres, Section 3, which Plan is of record in Cumberland County
Recorder's Office in Plan Book 15, Page 50.
HA VING thereon erected a dwelling house known as 307 Hemlock Road.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to
said premises.
EXHIBIT A
, .
~
BEING the same premises which Geraldine E. Brehm, now known as Geraldine E. Brinkley, single person, by deed
dated June 15, 1983 and recorded in Cumberland County Recorder's Office in Deed Book 30F, Page 933, granted
and conveyed unto the grantor herein.
PARCELIDENTIFICATIONNO: 42-31-2151-083
CONTROL #: 42004576
TITLE TO SAID PREMISES IS VESTED IN the Estate of Suella Bentzel, Deceased by reason of the following:
BEING THE SAME premises granted to Marlin E. Bentzel and Suella Bentzel, his wife, by Deed from Harry D.
Bentzel and Charlotte Bentzel, his wife, dated 071l6/1984, recorded 071l81l984, in Deed Book 30u, page 478..
AND TIn;: SAID Marlin E. Bentzel being so seized thereof, departed this, whereby title to said premises became
vested in Suella Bentzel, his wife/her husband, by operation oflaw.
AND THE SAID Suella Betnzel being so seized thereof, departed this life on 12/29/2006, intestate, leaving to
survive the following heirs at law:
Mary Ann Bittner - Addr: 168 Red Haven Road, New Dumberland, PA 17070
Yvonne Lynn Whitzel - Addr: 307 Hemlock Road, Mechanicsburg, PA 17055
AND Letters of Administration on the Estate ofSuella Bentzel aforesaid were duly granted unto Mary Ann Bittner
and Yvonne Lynn Whitzet by the Register of Wills of Cumberland, Pennsylvania on 1/5/2007 at Estate Docket #21-
07-18.
AND wherein and whereby Yvonne Lynn Whitzel renounced her right to Administer on said Estate of Suella
Betnzel and respectfully request that Letters of Administration on the Estate of Suella Betnzel be issued unto Marry
Ann Bittner by the Register of Wills of Cumberland County, Pennsylvania on 1/23/2007 in Estate Docket #2007-
00018.
Together with all and singular the Buildings, Improvements, Ways, Streets, Alleys, Passages,
Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances, whatsoever
unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claims
and demands whatsoever of the said grantor, as well at law as in equity, of, in, and to the same.
To have and to hold the said lot or piece of ground described with the buildings and
improvements thereon erected and with the hereditaments and. premises hereby grant~, or
mentioned and intended. so to be, with the appurtenances, unto the said Grantee, its successors and
assigns, to and for the only proper use and behoof of said Grantee, its successors and assigns
forever.
And the said Grantor, for his Heirs and Assigns does by these presents, covenant, grant and agree,
to and with the said Grantee, its Successors and Assigns, that it the said Grantee, its Successors and
Assigns all and singular the Hereditaments and Premises herein above described and granted, or
mentioned and intended so to be, with the Appmtenances, unto the said Grantee, its Successors and
Assigns, against the said Grantor, his Heirs and Assigns and against every Person or Persons
whomever lawfully claiming or to claim and the same or any part thereof, by, from or under it, the
said Grantor or any of them, shall and will W ARRANT SPECIALLY the property hereby
conveyed and forever DEFEND.
In Witness Whereof the part hereunto set hand and seal. Dated the day and year first above
written.
Sealed and Delivered
IN TIlE PRESENCE OF:
I!~ /l -1~
Witness
Commonwealth/State of fenosy JVa. ~ q
County of Y o( K
On this, the '1 ~ day of ~, 2007, befure me~o;x Pu!>1ic for the Commonwealth of
Pennsylvania, residing in the mtr"O'llliaflhoF . ns 'tf.flJ'j the Wldersigned, personally
appeared Mary Ann Bittner, Adminstratix of The Estate of Suella Bentzel known to me
(satisfactorily proven) to be the person, whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYL:
:-'~~1a1 ~.1",,1
Olristina L t.et<d,. '"o:<~'.' ~
CIty Of !-1Zm'rin! ~~ ~ ~;lJ~r;nlt ~ \.:ounty
MvOomn;L.;.cr::. ''''..''c.,", ~':-.i 3.2008
Member. Pennsylvania As$ociBtlon Of Notaries
.
. . .
, .
. . - #
Deed
Mary Ann Bittner, Adminstratix of The Estate ofSuella Bentzel
To
u.s. Bank, National Association
Premises: 307 Hemlock Road, Mechanicsburg, PA 17055
The address of the above Grantee is:
U.s. Bank, National Association
10790 Rancho Bernardo
S~ Diego, CA 9~p7 1""'"
C loCh tiS e.. ftrJ?>tt. r I JUm lL
On behalf of the Grantee
~{l~
Christine Pinto, Esquire
4 ;, -
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, P A 17013
717-240-6370
Instrument Number - 200802394
Recorded On 1/24/2008 At 10:18:43 AM
* Instrument Type - DEED
Invoice Number - 13064 User ID - JM
* Grantor - BENTZEL, SUELLA
* Grantee - U S BANK N A
* Customer - PHELAN HALLINAN & SCHMIEG
* FEES
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF DEEDS
AFFORDABLE HOUSING
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
MECHANICS BURG SCHOOL
DISTRICT
UPPER ALLEN TOWNSHIP
TOTAL PAID
$0.50
$10.00
$12.50
$11. 50
$2.00
$3.00
$0.00
$0.00
$39.50
* Total Pages - 6
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County P A
~o~
* - Information denoted by an asterisk may change during
the verification process and may Dot be reflected on this page.
~lllllrrnmlllllm
.. P-3?O-;
Record and Return to:
Phelan, I-fallinan, & Schmieg, LLP
400 Fellowship Rd.
Ml Laurel, NJ 08054
Parcel No.: 42-31-2151-083
RELEASE OF MORTGAGE
WHEREAS, Milly Ann Bittner, Adminstratix ofTbe Estate ofSueUa Ben1ze1 (hereinafter "Mortgagor"), by
Indenture of Mortgage bearing date 8/2812006, and recorded on 9/18/06 in the Office of the Recorder of Deeds in
Cumberland County, Commonweahh of Pennsylvania, in mortgage book 1966, page 1615 granted and conveyed
wrto MERS as a Nominee for WMC Mortgage Corp. (hereinafter "Mortgagee") and its successors and Assigns the
Premises therein particularly described, to secure the payment of a certain debt or principal swn of One Hundred
Forty Six Thousand Seven Hundred dollars (SI46,700.00) 001100 lawful money, ere., with interest, as therein
mentioned.
ANq WliEREAS, the mortgage was assigned to U.S. Bank, National Association by assignment
recorded ) 0 I J 111Jn~QQk R8. , ~Ill' in the records of Cumberland County, Commonwealth of
Pennsylvania. I r~nU'\l........ ~ cU>O 7.3Q 7/P1
AND WHEREAS, the said Mortgagor has requested the release of the Premises located at
307 Hemlock Road, Meclumicsburg. PA 17055, Commonwealth ofPCDDSyIvania, as more fully described on Exhibit
" A" attached hereto, being said mortgaged Premises from the lien and operation of said mortgage.
NOW THEREFORE, in consideration of One Dollar ($1.00) lawful money in hand paid by the said
Mortgagor at the time of execution hereof: the receipt ofwhicb is.aclcnowledged, the undersigned Mortgagee does
hereby remise and release the said Mortgage on that certain lot or piece of ground with the buildings constructed
thereon descn"bed on Exhibit" A" attached hereto.
U.S. Bank, N
By:
Print Name: G~~a> Ie ~'l!o.~.p\
.
Title: Vl~~ l'e-e.!" ~ 1~-.-\-
2007.
IN WITNESS WHEREOF, the undersigned have set their
'on
STATEOF c.Al-JFu.!rlV~
55
COUNTYOF SAt-J O/Fbl)
On this 1'-1 day of ft.."J.J r .2007, before me personally appeared the above-named
l::.~~," ~ SI st- and .owledged himself7herselfto be the V(C; Ii:. (>,1..':';, O~HJi
fA . S . aiJ':1 Je.. I N doh j. SSOCi t1 h I'L' . a corporation, and that {s}he as such being authorized to do so, executed
the foregoing instrument for the purposes contained by signing the name of the corporation by himself7hcrse1:t:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~4.,,,} ~/) T al~ J;..
Notary ublic I .
- .:.....-.-~
,\
Exhibit "A"
ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania,
more particularly bounded and descnDed as follows, to wit:
BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the
northeastern side of Hemlock Road, with the northwestern side of a SO feet right of way; thence by the northeastern
side of Hemlock ROad North 44 degrees 01 minute West 125.34 feet to a point; thence by the dividing line between
Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the
dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to
a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the
above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of378.85
feet, an arc distance of 52.35 feet to a concrete monument, thence by same South 39 degrees 35 minutes West 54.60
feet to a monument, the place of Beginning.
BEING Lot No. 56 in the Plan of Lots of Spacious Acres, Section 3, which Plan is of record in Cumberland County
Recorders Office in Plan Book 15, Page SO.
HAVING thereon erected a dwelling bouse known as 307 Hemlock Road.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to
said premises.
BEING the same premises which Geraldine E. Brehm, now known as Geraldine E. Brinkley, single person, by deed
dated lune 15, 1983 and recorded in Cumberland County Recorder's Office in Deed Book 30F, Page 933, granted
and conveyed unto the grantor herein.
PARCEL IDENTIFICATlONNO: 42-31-2151-083
CONTROL #: 42004576
TITLE TO SAID PREMISES IS VESTED IN the Estate of Suella Bentze~ Deceased by reason of the following:
BEING THE SAME premises granted to Marlin E. Bentzel and Suella Bentzel, his wife, by Deed from Harry D.
Bentzel and Charlotte Bentzel, his wife, dated 07/16/1984, recorded 07/18/1984, in Deed Book 300, page 478..
AND THE SAID Marlin E. Bentzel being so seized thereof, departed this, whereby title to said premises became
vested in Suella Bentzel, his wife/her husband, by operation of law.
AND THE SAID Suella Betnzel being so seized thereof, departed this life on 1212912006, intestate, leaving to
survive the following heirs at law:
Mary Ann Bittner - Addr: 168 Red Haven Road, New Dumberland, PA 17070
Yvonne Lynn Whitzel- Addr: 307 Hemlock Road, Mechanicsburg, P A 17055
AND Letters of Administration on the Estate ofSuella Bentzel aforesaid were duly granted unto Mary Ann Bittner
and Yvonne Lynn Whitzel by the Register of Wills of Cumberland, Pennsylvania on 1/512007 at Estate Docket #21-
07-18.
Estate of Suella Bentzel
Assets, Receipts and Disbursements
Assets
Real Estate-
Real property located at 307 Hemlock
Road, Mechanicsburg, Pennsylvania. Single
family dwelling
Bank Accounts
M&T Bank Checking Account # 424660655-7
Personal Property
Auction proceeds
Revenue refund
Total Assets
Debts
Mortgage
Mortgage Lien on 307 Hemlock Road
property, as of May 1,2007 including interest and
late payments accrued from date of death.
Deed in lieu of Foreclosure executed August 7,
2007. Transferred property to mortgage lien holder
nullify interest and late payment fees, sewer and tax
lien.
Property Expenses
Mortgage payment - 02/0 lI07
Mortgage payment - 03/23/07
U-Haul/cleaning
Waste Disposal
Locksmith
Taxes
Total
Funeral Expenses
Parthemore Funeral Homes
Grave Opening
Gingrich Memorials
Total
Administration Expenses
Clerk of Court, Probate costs
Advertising costs
Filing Family Settlement Agreement
Attorney Fees
Total
Net Value of Estate
EXHIBIT B
$143,000.00
$2,744.18
$596.75
374.00
$149,634.76
$146,293.83
-$146,293.83
$1,000.00
$500.00
$63.36
$ 43.50
$53.35
$67.50
$1,727.71
$6683.00
$200.00
$345.00
$7,228.00
$222.62
$75.00
$20.00
$3000.00
$3317.62
-$7558.40
ATTORNEYS AT LAW
Sl\ARLc\'fC!6.& nlll\AIRJICHI liUP
Family Settlement Agreement
Estate of Suella Bentzel
r
SKAJRJLA1tlO6 & WNAmaJI UP
ATTORNEYS AT LAW
SKARLATOS & ZONARICH BUILDING
17 SOUTH SECOND STREET, 6'" FLOOR
HARRISBURG, PENNSYLVANIA 17101-2039
(717) 233-1000
TELEFAX (717) 233-6740
WWW.SKARLATOSZONARICH.COM
JACQUELINE WELBY
WRITER'S EMAIL: jmw@skarlatoszonarich.com
March 4, 2008
Glenda Farner Strasbaugh
Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17070
RE: Estate of Suella Bentzel
File No.: 2007-00018
Dear Ms. Strasbaugh,
Enclosed for filing, please find an executed Family Settlement Agreement and $20.00
filing fee. I am enclosing two extra copies. Please time stamp each copy and return to me in the
self-addressed stamped envelope.
Very Truly Yours, ./1
",(J?~ ~~
?' Jacque~e Welby
JMW:egl
Cc: Mary Anne Bittner,
Administratrix
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