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HomeMy WebLinkAbout01-07-08 F:\DOCS\Est\MIS\DIOSDADO,LUIS-petition IN RE: ESTATE OF THOMAS G. RIGLING, LATE OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY PENNSYL VANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-06-0769 PETITION FOR AN AMENDED DECREE AWARDING REAL ESTATE NOW comes David H. Stone, Esquire, attorney for the estate of Thomas G. Rigling, late of the Township of Hampden, Cumberland County, Pennsylvania, Deceased, who petitions the Court as follows: 1. Petitioner filed a Petition for Adjudication, Statement of Proposed Distribution, and First and Final Account of Thomas G. Rigling, III, and Edward Mark Rigling, Executors for the Estate of Thomas G. Rigling, late of Hampden Township, Cumberland County, Pennsylvania, Deceased, on or about September 7, 2007. 2. By Order dated October 9, 2007, the Account was confirmed absolutely and distribution was decreed in accordance with the proposed schedule of distribution by J. Wesly Oler, Jr., Judge. 3. On or about October 16,2007, a decree awarding real estate was entered by 1. Wesly Oler, Jr., Judge, a copy of which is attached as Exhibit "A". 4. It has been discovered that the decree awarding real estate contained an erroneous legal description describing a neighboring property which although had at one time been owned by the "" .....~ c=:) .......J c:::;::. C ,",0 deceased was not owned by the deceased at the time of his death. The proper le~~script~ of ,.tp~~ real estate to be awarded is more fully described as follows: . ::}lffi ~ r'.~ r~ :: c.) ~~~ -0 :x c. (-J . . I -~ o "", , :.0 . "J __oj J> - .. c..n w {-"~'.... >r, ~ .. ALL THAT CERTAIN ~ INTEREST IN THOSE CERTAIN lots, or pieces ofland situated in the Borough of New Cumberland, in the County of Cumberland aforesaid, being Lots Nos. 9 and 10, on the General Plan of George W. Buttorffs addition to New Cumberland, as recorded in the Recorder's Office of Cumberland County, in Book N, Page 500, Volume 5, said lot being bounded and described as follows: BEGINNING at a point on the South side of Third Street one hundred (100) feet East from the Southeast comer of Third Street and Rosemont Avenue; thence in a westerly direction along said Third Street fifty (50) feet to dividing line between Lots Nos 10 and 11; thence in a southerly direction one hundred forty (140) feet to Taylor Avenue, along said dividing line between Lots Nos. 10 and 11; thence in an easterly direction along said Taylor Avenue fifty (50) feet to dividing line between Lots Nos. 8 and 9; thence in a northerly direction along said dividing line between Lots Nos 8 and 9 one hundred forty (140) feet to Third Street, the place of BEGINNING. BEING Lot Nos 9 and 10, Block D. BEING THE SAME PREMISES WHICH Frank R. Leib and Emma Leib, his wife, Robert Snodgrass and Anna P. Snodgrass, his wife, Joseph J. Baughman and Annie E. Baughman, his wife, George Buttorff and Sarah E. Buttorff, his wife, by Frank R. Leib, their attorney in fact, by their deed dated May 16,1907, and recorded October 2, 1907, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 7-E, Page 535, granted and conveyed unto George B. Rigling. ALSO BEING the same premises vested in Lucinda E. Rigling and Thomas Rigling, the deceased herein, by virtue of the Will of George Bower Rigling, who died January 11, 1971. See proceedings of George Bower Rigling Estate in Cumberland County Estate No. 21-75-695. See also proceedings of the Nellie S. Rigling Estate in Cumberland County Estate No. 21-87-0056. WHEREFORE, Petitioner requests this honorable Court enter an Order entitled "Amended Decree Awarding Real Estate" properly distributing the property to Thomas G. Rigling, III, in fee simple. STONE LaFA VER & SHEKLETSKl Date: ; .1+ o~ Dav~AJc ID #39785 414 Bridge Street New Cumberland, P A 17070 717-774-7435 (phone) 717-774-3869 (fax)