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HomeMy WebLinkAbout05-31-11~; ~: N THE COURT OF COMMON PLEAS OF THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PEN'~SYLVANI ~ SABELLA ~ `' ~` c7 G... ORPHANS' COURT DIVISIONS ~ ~~~" ~~ 7 • NO. 21-10-0496`~'~~n ~"` ~_':?~? C7~~ ~•~ c. _` ~ 7 ~ -s-. ? ~ STIPULATION ~ r •- ~~.. :~ .~. ~~~ WHEREAS, ITEM IV of the First Codicil to the Last Will and Testament of Dominick C. Sabena provides in part as follows: "ITEM IV. All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath according to the following: "A. My real property located at 5219 Stuart Drive, Mechanicsburg, Pennsylvania, subject to all outstanding taxes, mortgages, utilities and debts, and any vehicle owned by me at the time of my death to my son, NTICHAEL SABELLA, provided the following: (1.) he is not incarcerated at the time of my death or within nine (9) months of the date of my death, (2.) he has not been convicted of a crime for which incarceration is a possible sentence as of my death or within nine (9) months thereafter; and (3.) MICHAEL SABELLA shall be responsible for payment within nine (9) months from the date of my death of all inheritance taxes due on these items. This tax must be paid before distribution to him of these assets. Failure to meet any of the above ter~~ls shall cause this bequest to lapse. My real propel ~y and vel~ucle will then be sold by my Executor and the net proceeds, after payment of all outstanding tapes, mortgages, utilities, debts, and inheritance tares due on this bequest, shall be distributed to MICHAEL SABELLA, outright."; and WHEREAS, Michael Sabena was incarcerated on May 2, 2010, the date of death of Dominick C. Sabena, but was released from incarceration within nine (9) months after said date; and WHEREAS, by Order dated December 2, 2010, President Judge Kevin A. Hess granted Michael Sabella permission to reside in the residence at 5219 Stuart Drive, Mechanicsburg, Pennsylvania 1705, provided that during the period of residence Michael and Marion Sabella shall be responsible for all utility expenses at the 5219 Stuart Drive residence incun-ed after December 2, 2010; and WHEREAS, Michael and Marion Sabella were unable to pay the utility expenses at the residence as required under said Order; and WHEREAS, Michael Sabella died on February 1, 2011 and Letters of Administration were issued to Marion Sabella on Febniary 10, 201 l; and WHEREAS, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, was prepared to distribute to the Estate of Michael Sabella the property located at 5219 Stuart Drive, Mechanicsburg, Pennsylvania, and the 2002 Chevrolet sedan owned by Dominick G. Sabella at the time of his death; and WHEREAS, Marion Sabella has decided that she cannot afford the upkeep of the residence and the automobile and requested thai they be sold by the estate pursuant to the terms of the Last Will and Testament and Codicil of Dominick C. Sabella; and WHEREAS, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, informed Marion Sabella that she would have to vacate the residence so that the necessary painting and repairs could be completed enabling the property to be listed for sale; and WHEREAS. Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, informed Marion Sabella that John T. Norman, the brother of Linda E. Zisman and the nephew of Dominick C. Sabella, was willing to purchase the residence at 5219 Stuart Drive, Mechanicsburg, Pennsylvania and the 2002 Chevrolet sedan from the Estate of Dominick C. Sabella. The terms of the proposal were communicated to and accepted by Marion. Sabella. THEREFORE, the parties stipulate as follows: 1. The Estate of Dominick C. Sabella shall sell the residence at 5219 Stuart Drive, Mechanicsburg, Pelulsylvania to John T. Norman for a purchase price of S 120,000. 2. The Estate of Dominick C. Sabella shall sell to John T. Norman the 2002 Chevrolet sedan for a purchase price of $2,000. 3. Settlement shall take place on the sale to Jolm T. Norman within thirty (30) days after the attached Order has been signed by President Judge Kevin A. Hess. 4. The Estate of Dominick C. Sabella has agreed that Marion Sabella can reside in the property at 5219 Stuart Drive, Mechanicsburg, Pennsylvania until the date of settlement on the sale to John T. Norman and that the Estate of Dominick C. Sabella shall pay all utility charges, both current and in arrears, on the property at 5219 Stuart Drive, Mechanicsburg, Peru~sylvania, subject to reimbursement from the sale proceeds as provided in the Last Will and Testament and Codicil of Dominick C. Sabella. 5. John T. Norman has agreed that Marion Sabella shall be entitled to reside in the property at 5219 Stuart Drive, Mechanicsburg, Pennsylvania, for a period of thirty (30) days following settlement on the purchase of the property by Jolu1 T. Norman provided Marion Sabella pays all utility charges from and after the date of closing until she vacates the property. A sufficient stun shall be escrowed from settlement to provide for the payment of these utility bills. 6. Within fifteen (15) days following settlement on the sale of the property located 5219 Stuart Drive, Mechanicsburg, Pennsylvania and the 2002 Chevrolet sedan to John T. Norman, the Estate of Dominick C. Sabella will distribute to the Estate of Michael Sabella the proceeds from the sale to John T. Norman less all reimbursements to the estate provided for under the Last ~~'ill and Testament and Codicil of Dominick C. Sabella. 7. In exchange for the distribution to the Estate of Michael Sabella as provided for under Paragraph 6 above, the Estate of Michael Sabella will execute a Release and Refunding Bond remising, releasing, exonerating and discharging the said Linda E. Zisman as Executrix of the Estate of Dominick C. Sabella of and from said payment and of and from any further liability of any nature to the Estate of Michael Sabella arising out of the administration of the Estate of Dominick C. Sabella in connection with said payment. 8. All disputes raised between the Estate of Dominick C. Sabella and Michael Sabella pursuant to motions and petitions filed and docketed to No. 21-10-0496 in Cumberland County, Pennsylvania, Orphans' Court Division are hereby settled and satisfied pursuant to the terms of this Stipulation. ~~ __ Jaime D. aclc, Esquire Attorr~e for Marion Sabella, Admimstratrix of the Estate of Michael Sabella / ~3 ~/ Ronald D. Butler, Esquire Attorney for Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella r '.~_ Marion Sab la, Administratrix of the Estate of ichael Sabella Date: l~ C Gi,<-t,~--~-r ~ : :, and E. Zis n, Exec itrix of the Estate of Dominick C. Sabella Date: S~Z~ /~ ~