HomeMy WebLinkAboutOC1971-0850 - ESTATE OF MUNZEK·.
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IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:)
)
BERNADETTE MUNZEK and )
CHARLOTTE MUNZEK,minors )No ._......g:<-,;~~~-i---1971
PETITION BY NATURAL GUARDIAN FOR
AUTHORITY TO SELL AND CONVEY MINOR IS
INTEREST IN REAL ESTATE AT PRIVATE SALE
TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
The petition of BENJAMIN MUNZEK,respectfully represents:
1.That your petitioner is the father of Bernadette Munzek
and Charlotte Munzek,whose respective ages are twenty (20);and
eighteen (18)years.The mother,Josephine Munzek,is deceased and
your petitioner is therefore their natural guardian.
2.That each of said minors is seized of an undivided,(less
than 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 LiberlyAvenue,
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 O:k.}09.04 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 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 interest in real estate were acquired
by the said minors by descent from their mother,Josephine Munzek,who
died,intestate on December 9,1964,a resident of New Eagle,Washington
CountyJ Pennsylvania,leaving to survive her as the persons entitled to her
estate under the intestate laws the following heirs:
A.Benjamin MunzekJ husband
B.Robert Munzek,son
C.Bernadette Munzek,daughterJ minor
D.Charlotte Munzek,daughter,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 $1820.00 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.
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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 Josephine Munzek,deceased.
Said real estate was the only real estate owned by said decedent at the date
of her death and the value of the undivided interest of each of the minors therei.
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 him 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
COUNTY OF WASHINGTON
ss.:
)
Personally appeared before me,a Notary Public in and for
said County and State,BENJAMIN MUNZEK,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 his knowledge,information and belief.
&~A a ~~.1Jl ~'A//p/)--0Benjamin Munzek ()
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IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:
BERNADETTE MUNZ EK and
CHARLOTTE MUNZEK,minors,
)
)
)
)No.1971
JOINDER
We the undersigned,BERNADETTE MUNZEK and
CHARLOTTE MUNZEK,minor daughters,aged twenty (20)years and eighteen
(18)years respectively,of Josephine Munzek,deceased,have read the
attached petition of our father,Benjamin Munzek,and join in the prayer of
same.
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:)
)
BERNADETTE MUNZEK and )
CHARLOTTE MUNZEK,minors.)No.1971
DEC R E E
AND NOW,~~~~~~!....----L-I-_1971,the Court being of
the opinion that the proposed salea ill be to the interest and advantage of the
minors,BERNADETTE MUNZEK and CHARLOTTE MUNZEK,that $3,700.00
is a better price for the .premises than can be obtained at public sale;
BENJAMIN MUNZEK,natural guardian of BERNADETTE MUNZEK and
CHARLOTTE MUNZEK,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 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.
referred to in this
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..
with the other parties in interest in the private sale and conveyance to
STEPHEN GRCICH,his heirs and assigns without the appointment cf a guardian
or the entry of security.
The said natural guardian,BENJAMIN MUNZEK,is authorized
and directed to deposit the funds belor;eaid minors,
ordeC:is ::~=i~-_'.-=--+~~==.,r-:-~::.......!!~~.t..:.~~~
...
.."
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IN THE
,COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Re:
BERNADETTE MUNZEK and )
CHARLOTTE MUNZEK,minors.)No,.------------_._-
AFFIDAVIT OF VALUE
Personally before me a Notary Public,the undersigned
1971
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 1{~/-l/S3 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
at public sale.
.I H
Sworn to and subscribed before m!
this -'17th.,day of August ,1971.----'-------
______J_
Assrssmrnt <tTrrttfirutr
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
Washington,Pa....A~g~~j~.J9..._..__.19._..71
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.
Dbrotjy Berestecky
419 Kenneth St.
Donora,Pa.15033
'/
,
c-
-,
24-23-85.
DB05080502
Lot a6
2 Sty Fr'Hse
2 Sty F~Hse
120.
775.
925.
1,820.
BOARD FOR THE ASSESSMENT
AND REVISION OF TAXES
By ~,*~kJO.#/c
Chief Assessor.
(SEAL)
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L..-.ll-_
.mqill 'Agreement ..
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)days
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 /lOO - - - - - -($3,700.00 )Dollars as follows:The sum of Twenty-
five and No/lOO ($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 /lOO ($3,675.00)Dollars upon delivery of deed.
Settlement will be made at a place mutually agreeable to the parties herein.
.3.Possession 'ihall he g'f\'en 011
at the office of Seller'"attorn,'\'''']
delivery of deed
x~x
~x ,and settlement shall be made
nr as follows
4.Buyer and Seller shall each pay one-half of all state and local realty transfer taxes payable upon this
transaction,but real estate taxes,sewn charges,and rents ancI fO)altie"sh!ill be prorated on a calendar year basis
between Seller ancI Buyer as of date of deli\'ery of posses'iion of the premises,except as hereinafter set forth:
No exceptions.
:J.From and aftt'r the date of this agret>ment,insurance shall be provided and paid for as follows:
Seller will maintain insurance until delivery of deed to Buyer.
6.Time is of the essence of this Agreement.'
7.The parties further agree as follows:
8.The real property which is the subject of this Agreement 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;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.
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 reserving 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 tHlp RPP-elP-Pel of M8ry Op8tkipw;rz,wielow,
to Anna Dulak,et.ux,et.al.recorded in D.B.Vol.616,page 79,Recorder's Office
of Washington County,Pennsylvania.
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9.If Bll~cr defaults in payment or performance for 30 days,Seller may,at Seller's election,
use one or more o~the following remedies in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
which case Seller "hall rt'tain title to the real estate frt'(~and clear of am olJli~:ltion 01'duty to Buyer and Rm er,
"hall "1i'Tl'lldn th"\l~rtt'.,''It ['II c<lnu'l:·iti,,!..
(1)1 (Jed Hu}el tluLl '"d n·".(,tile.tal wl.llh I'I"''''11>!}l IUII'I,},lutl'"I1/n any attorney
of any Court of Hecord to appeal'fUI Buyer and cunfess judgmcnt ag-ao;I'it Bllyn in :,n alllicahlt·actl'l1l of ejectment,
with immecliatt writ fIll'possession of the real estate and 1'111'damages,to include :,ttorlley\'con,mission of 15 %
or :.$xxxxxxx and costs,hercby W:lil'ing'stay of exccutl'lll,nemption and intjui"ition,with rclt'ase of all errors;
(c)affirm this agreemcnt by deliwr)of c!e('d to Buyer,declarc all sums clue hereunder to be
forthwith clu!'and payable,:,ncl canse judgment to Iw entered therefor,for \1 hich purpose Buyn hereby authorizes
and empower"an~:1""rIley "I':,I}Court of Ht'cord to ap!,":,r for BUV!'r and confess judgment ag-ainst Buyer for
the whole balanc!'(hit',tOgTtlltT \\'ith intere"t,attornt'y's ("Ill111i""io!l III 15 c;~x~xxxxxxxx,and costs,
and hereby ag-n'e"to imnwdiatt·('Xecutlon thercon,waiving stay of execUtlO!l,('x('mptiu!1 and inquisition,\\·ith re-
lease of all errors,
10.This Ag-reemellt shall extend to and btneflt and bind the heir",l'Xccutors,administrators,successors and
assign...of the parties.\\'henner used herein,the singular numbt'f shall include the plural,the plural the singular
and the u"e of any gender shall include all genders,
NOTICE-THF:LISE OF O:"JF:OR :WlHE COAL CLAUSES ~L\Y OJ{~L\Y ~()T BE Rl':(~L'IHE[)BY LA\\'WITH THIS
AGREE~IENT.
WITNESS the due execution hereof the day and year first abo\'e written.
../J -I J!i~t:tt/if~~~r1e~i:;heir;;AL )····4~~..~..9·..aM:.k.~..~(SEAL ),
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