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HomeMy WebLinkAbout12-22-08IN RE: ESTATE OF JOSEPHINE M. THUMMA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION N0.21-2007-0340 Petition for Allowance to Surviving Spouse Pursuant to 20 Pa. Cons. Stat. ~ 2102 and 2110 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Your Petitioner's, Margaret Thumma and Anna Mae Campbell, respecfully state as follows: 1. Josephine M. Thumma died on April 3, 2007, a resident of 3103 Ritner Highway, Newville (West Pennsboro Township), Cumberland County, Pennsylvania 17241. M1 ~~ ,__., -- , -, =c~ ~,. _, .. - - ~-- ; 2. Josephine M. Thumma was 72 years of age at her death. `? ~- 1:,., __ 3. At the time of her death, Josephine M. Thumma was married to Robert' Thumma, and they resided together at 3103 Ritner Highway, Newville, Pennsylvanrgy17241. `'~ cr 4. Most of the property of Robert L. Thumma and Josephine M. Thumma was owned jointly, as tenants by the entirety. However, the real estate at which their residence was situate (3103 Ritner Highway, in West Pennsboro Township, Cumberland County, Pennsylvania) was owned solely by Josephine M. Thumma pursuant to a Decree Awarding Real Estate dated September 5, 1984, and recorded September 5, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "W," Volume 30, Page 594, a copy of which is attached hereto as Exhibit "A." 5. Josephine M. Thumma died intestate. Petition for Allowance to Surviving Spouse Pursuant to 20 Pa. Cons. Stat. X2102 and §2110 Page 1 of 4 6. Robert L. Thumma, surviving spouse of Josephine M. Thumma, petitioned for Letters of Administration and the same were granted on April 11, 2007 to No. 21-2007-0340, the estate to which this Petition is being filed. 7. The parents of Josephine M. Thumma predeceased her. 8. Josephine M. Thumma had no children, by Robert L. Thumma, or otherwise. The said Josephine M. Thumma also had no adopted children. 9, Pursuant to 20 Pa. C.S.A. §2102(1) Robert L. Thumma, as the surviving spouse of Josephine M. Thumma, who died on with no surviving issue nor surviving parent, inherited the entire intestate estate of Josephine M. Thumma. 10. Robert L. Thumma, as Administrator of the estate of Josephine M. Thumma, filed an inheritance tax return listing the above described real estate as the sole asset of the Estate of Josephine M. Thumma and himself as the sole distributee of that estate. 11, On February 29, 2008 the Register of Wills Office received a Notice of Appraisement from the Pennsylvania Department of Revenue, indicating acceptance of the inheritance tax return, and no inheritance tax due. 12. Robert L. Thumma was himself in failing health and never completed the administration of his wife's estate, with a Decree Awarding Real Estate, to himself. 13. Robert L. Thumma died testate on October 27, 2008. The Last Will and Testament of Robert L. Thumma, dated April 10, 2007, was duly admitted to probate and Letters Testamentary issued on October 31, 2008, to Margaret Thumma and Anna Mae Campbell, pursuant to proceedings filed in the Register of Wills Office of Cumberland County, Pennsylvania, to No. 21-2008-1082. Petition for Allowance to Surviving Spouse Pursuant to 20 Pa. Cons. Stat. X2102 and x'2110 Page 2 of 4 14. Margaret Thumma and Anna Mae Campbell are nieces of Robert L. Thumma, and not only were named as Co-Executrices of his estate, but are also the sole beneficiaries of his estate. 15. Your Petitioners are Margaret Thumma and Anna Mae Campbell, Co-Executrices and beneficiaries of the Estate of Robert L. Thumma (21-2008-1082). Margaret Thumma resides at 4501 Red Apple Drive, Bessemer City, North Carolina 28016. Anna Mae Campbell resides at 104 Kimbery Way, Lewes, Delaware 19958. 16. No Account has been filed in the estate of Josephine M. Thumma and, it is respectfully submitted, that no account is needed as the estate consists of a single asset, with the sole beneficiary being Robert L. Thumma. 17. Petitioners respectfully request that a Decree Awarding Real Estate on the form attached as Exhibit"B," be issued to Robert L. Thumma so that his Co-Executrices (Petitioners herein) may sell that real estate and otherwise administer that property and settle the estate of Robert L. Thumma. WHEREFORE, Your Petitioner's request Your Honorable Court for a Decree Awarding Real Estate awarding the property know as 3103 Ritner Highway, Newville, Pennsylvania (further described in Exhibit "A" of this Petition) to Robert L. Thumma. Respectfully submitted, Stephen D. Tiley Attorney for Petitioners 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Ct. ID # 32318 Petition for Allowance to Surviving Spouse Pursuant to 20 Pa. Cons. Stat. §2102 and §2110 Page 3 of 4 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Petition is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Margaret E. Thumma ,/f' ~ ~ ~~ Anna Mae Tom.- Petition for Allowance to Surviving Spouse Pursuant to 20 Pa. Cons. Stat. ,¢2102 and X2110 Page 4 of ~ IN RE: ESTATE OF NO. 21-84-42 LE STE R M. CASSE LL IN TITS COURT OF COMMON PLEAS OF r^p. 4 1~ i ~~_ ~.r•~r~ { . It~ ~'t t 314 ~ D:ECEA~E~I~;;~`.,,,_, ,y, ;,+'rn ci.m ~~ ~ _.~d R,. ~ ,a; ~ , ~,,,,,," ,, CUMBERLAND COUNTY, • ,'~a~t ~,.,-:;~i fF yi..r'~EJ-~C•,•. .. „! . ... .. .... ~'!. ~. (J fC . PENNSYLVANIA ~' Cr aY"' .~~ a~.:. ~ ~''~ '~~'~~~~~ 4,;; e~ ;; ,; ;;,<,-...... j~-+. i ORPHANS' COURT DIVISION ~, : ,..~, ,~~ .. ,. '~~~ %~ ~~ •' ~~~•.'~~ '' DE CREE. A ARDING REAL ESTATE fER,! i:,~31 AND NOW, this ~ -~~ day of Se tember 1984 a± + r p s fd.`~o clock, ~ .'I. , E. D, S. T. , it appearing that the First and Final Account and Schedule of Proposed Distribution of Josephine M. Thumma, Executrix of the Last Will and Testament of Lester M. Cassell, late of West Pennsboro Township, Cumberland County, Pennsylvania, Deceased, have been filed and advertised in accordance with law and Rules of Court and the same having been confirmed absolutely by the Orphans' Court Division of the Cumberland County Court of Common Pleas on August 28, 1984; and it appearing that the said Executrix in her Proposed Schedule of Distribution claims distribution to herself of the hereinafter-described tract of land in conformity with decedent's Last Will and Testament recorded in Cumberland County Will Book 92, Page 767, Estate No. 21-84-42, it is ordered, adjudged and decreed; THAT all that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Land Subdivision for Lester M. Cassell, prepared by Eugene Albert Hockensmith, Registered Surveyor, on June 24, 1978, a copy of said Plan being recorded in the hereinafter named Recorder's Office in Plan Book 33, Page 86, as follows: BEGINNING at a P, K. nail at the intersection of the original centerline of 33-feet wide Township Road T-432, known as Grahams Road, with the ~oo~~+~f 3U ~k+~r 5~4 ~.~P~"`' €5/ ~ -1- original centerline of U. S. Route 11 known as Governor Ritner Highway; thence from said P, K, nail at the Place of Beginningalong' said original centerline of Governor Ritner Highway, South 66 degrees 09 minutes 04 seconds West, a distance of 299.89 feet to a P. K, nail at the dividing line between Lots Nos. 1 and 2-A as shown on said Plan; thence along said dividing line between said Lots Nos. 1 and 2-A, North 03 degrees 50 minutes 56 seconds West, a distance of 237. 75 feet to an iron pin in line of land now or formerly of Larry L. Strawser; thence along line of said land now or formerly of Larry L. Strawser, North 61 degrees 12 minutes 31 seconds East, a distance of 309.48 feet to a P. K. nail in the original centerline of 33-feet wide Township Road T-432, known as Grahams Road; thence along said original centerline of 33-feet wide Grahams Road, South 22 degrees 18 minutes 41 seconds East, a distance of 314. 53 feet to a P.K. nail in the original centerline of Governor Ritner Highway at the Place of BEGINNING. THE above-described tract of land is all of Lot No. 1 as shown on said Plan of Land Subdivision for Lester M. Cassell recorded as aforesaid, containing a net area of 1, 7312 Acres exclusive of the rights-of-way of Grahams Road and Governor Ritner Highway, on which there is erected a dwelling house. SO MUCH of the above-described tract of land as lies within 25 feet of the original centerline of Township Road T-432, known as Grahams Road, and within 30 feet of the original centerline of U. S. Route 11, known as Governor Ritner Highway, as shown on said Plan of Land Subdivision constitute portions of the legal rights-of-vray of said Governor Ritner Highway and said Grahams Road. THE above-described tract of land is a portion of a larger tract of land which Harold R. Cassell, et al, by deed dated January 20, 1970, and recorded August 6, 1970, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "T", Volume 23, Page 79, granted and conveyed to Lester M. Cassell. ~ Ta ~ 'f v ~Grh o tT A IS hereby th rde Jo r- in PJI. ~hurr~~~~a, her heirs anu assL~ns, R. ~, Boy: 80, Carlisle, PA 17013, THE Recorder of Deeds in andfor said Cumberland County is directed to record this Order among the deed records in his office -and to index the same in ,,,mom-- goo ~~ ~„~:t ~~~ -2- th~~ Grantor index in the name of Estate of Lester M. Cassell, Deceased, and i n the Grantee index in the name of Josephine M. Thumma, in accordance with e ' S coon 711 and 3536 of The Probate, Estates and Fiduciaries Code. B~' ~'HE COURT, s J. ... ..... siA-.~~ 6 n 4 w.-. f ~ f {~y ,.. ', ~h.• V '~j4 ~ A l ~ 4i 4 'u ~. .tE*~ Y ~~r i~ ~ Stffite of Penrtsylvapia"`~ ~~ ~ou~ty of Cumf~~rlarid E~ecorded in the'office for the recording of ©s9d6 eta., ' and for Cu~nbertand Cou~~ty, Pa. Book Vat~C} Page witness my hand and se o office, et s Cactis9e, Pa, this '~ day p ~ 1 ~..._ Recorder B00~ ~.,~t ~~~i M -,-E "~ _ ' :..~ -_ _ . %.d UPI No.: 46-09-0519-013 IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF JOSEPHINE M. THUMMA, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHAN'S COURT DIVISION N0.21-2007-0340 DECREE AWARDING REAL ESTATE AND NOW, this day of , 200 , in consideration of the Petition for Allowance to Surviving Spouse pursuant to 20 Pa. Cons. Stat. §2].02 and §2110, filed by Margaret Thumma and Anna Mae Campbell, Co-Executrices of the Estate of Robert L. 'Thumma, who died on October 27, 2008 (see estate file No. 21-2008-1082), and who had been Executor of the Estate of his wife, Josephine M. Thumma who died on April 3, 2007; AND it appearing that the said Josephine M. Thumma died with no surviving issue, no surviving parent, and no adopted children, and therefore that, pursuant to Pa. C.S.A. §2102(1), Robert L. Thumma, surviving widower, inherited the entire estate of Josephine M. Thumma, it is Adjudged and Decreed: THAT ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Land Subdivision for Lester M. Cassell, prepared by Eugene Albert Hockensmith, Registered Surveyor, on June 24, 1978, a copy of said Plan being recorded in the hereinafter named Recorder's Office in Plan Book 33, Page 86, as follows: BEGINNING at a P.K. nail at the intersection of the original centerline of 33-feet wide Township Road T-432, known as Grahams Decree Awarding Real Estate Page 1 of 3 ~, . _ W~ Road, with the original centerline of U.S. Route 11 known as Governor Ritner Highway; thence from said P.K. nail at the Place of Beginning along said original centerline of Governor Ritner Highway, South 66 degrees 09 minutes 04 seconds West, a distance of 299.89 feet to a P.K. nail at the dividing line between Lots Nos. 1 and 2-A as shown on said Plan; thence along said dividing line between said Lots Nos. 1 and 2-A, North 23 degrees 50 minutes 56 seconds West (incorrectly referred to as 03 degrees in prior Decree Awarding Real estate and the deed prior to that), a distance of 287.75 feet to an iron pin in line of land now or formerly of Larry L. Strawser; thence along line of said land now or formerly of Larry L. Strawser, North 61 degrees 12 minutes 31 seconds East, a distance of 309.48 feet to a P.K. nail in the original centerline of 33-feet wide Township Road T-432, known as Grahams Road; thence along said original centerline of 33-feet wide Grahams Road, South 22 degrees 18 minutes 41 seconds East, a distance of 314.53 feet to a P.K. nail in the original centerline of Governor Ritner Highway at the Place of BEGINNING. THE ABOVE-DESCRIBED tract of land is all of Lot No. 1 as shown on said Plan of Land Subdivision for Lester M. Cassell recorded as aforesaid, containing a net area of 1.7312 Acres exclusive of the rights-of-way of Grahams Road and Governor Ritner Highway, on which there is erected a dwelling house. SO MUCH of the above-described tract of land as lies within 25 feet of the original centerline of Township Road T-432, known as Grahams Road, and within 30 feet of the original centerline of U.S. Route 11, known as Governor Ritner Highway, as shown on said Plan Decree Awarding Real Estate Page 2 of 3 r- e,~: of Land Subdivision constitutes portions of the legal rights-of-way of said Governor Ritner Highway and said Grahams Road. BEING the same premises as was distributed to Josephine M. Thumma by Decree Awarding Real Estate dated September 5, 1984 and recorded September 5, 1984, in the Office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "W," Volume 30, Page 594, in connection with the estate of Lester M. Cassell filed to Cumberland County No. 21-84-42. AND BEING known as Cumberland County Uniform Parcel Identifier No.: 46-09-0519-013 IS hereby awarded to Robert L. Thumma, 3103 Ritner Highway (West Pennsboro Township), Newville, Pennsylvania 17241, his heirs and assigns. THE Recorder of Deeds in and for the said Cumberland County is directed to record this Order among the deed records in his office and to index the same in the Grantor index in the name of Josephine M. Thumma, Deceased, and in the Grantee index in the name of Robert L. Thumma, in accordance with Section 711 and 3536 of The Probate, Estates and Fiduciaries Code. BY THE COURT, Decree Awarding Real Estate J. Page 3 of 3 .,. M a,~., ,~. ~..