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Home My WebLink About03-09-11IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CLYDE WRIGHTSTONE, LATE CUMBERLAND COUNTY, PENNSYLVANIA OF MECHANICSBURG BOROUGH ORPHANS' COURT DIVISION CUMBERLAND COUNTY, . PENNSYLVANIA, DECEASED ESTATE N0.21-08-1218 MOTION TO AMEND DECREE AWARDING REAL ESTATE AND NOW comes the firm of Snelbaker & Brenneman, P.C., by Richard C Snelbaker, Esquire, as for the Estate of Clyde Wrightstone, deceased, and Linda K. Minnich and Sue A. Witters, the Co- of said Estate, and respectfully represents as follows: On March 1, 2011, your Honorable Court by Honorable J. Wesley Oler, Jr., duly the First and Final Account and approved the Petition for Adjudication as filed by the Co- s, which included, inter alia, the award of real estate in kind to Linda K. Minnich and Sue A. fitters. By separate Decree, the Court duly awarded the real estate as proposed, a true copy which is attached hereto marked "Exhibit A". In the course of recording the Decree Awarding Real Estate, it was belatedly discovered the legal description of said real estate was prefaced by an introductory paragraph erroneously indicating that the real estate consisted of "three (3) certain pieces or parcels of real estate". 4. However, the Decedent only owned two (2) parcels of real estate as reported in the Inventory and in the First and Final Account, said parcels being known and numbered as (i) 100-102 South Street, and (ii) 5 West Locust Street, all in the First Ward in the Borough of Mechanicsburg. In order to avoid any confusion caused by said error, the Court is requested to issue an Amended Decree Awarding Real Estate correcting the number of parcels and clarifying the street numbers - ~'k ~ ~-i - attributable to said parcels. u fix' ` '~ "' -~ LAW OFFICES : _:. ~~~ -~'n .r... J i - SNELBAKER SC ' f 7l 1 1} J ~ ~~ ~ s BRENNEMAN. P.C. ~ ~~ 7 l_i ~l ~' ~ -- ~~~ fi ~.. _: - n WHEREFORE, the Court is requested to issue the Amended Decree Awarding Real Estate in the submitted herewith. Respectfully submitted, SNELBAKER & BRENNEMAN, P.C. By: Ric C. Snelbaker Supreme Court I.D. #06355 44 West Main Street Mechanicsburg, PA 17055 (717)697-8528 LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. ~' - C> G,~ ,,~ :. '~.~ - ..- `~` °....~ ~~ ; .., ,..~ a' : . ~:_ _, IN RE: ESTATE OF CLYDE WRIGHTSTONE, LATE ,__'~~OF MECHANICSBURG BOROUGH ``-:-CUMBERLAND COUNTY, ~-PENNSYLVANIA, DECEASED l.! I J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DnISION {: , c~ :~. r, ESTATE NO. 21-08-12T$=~ ~~~ ~=r`, J T,. (~' '.~ I ~ i~ I U - r , ' DECREE AWARDING REAL ESTATE LL! r l J J _ l~ 1 ~ _~ 7 ~ l_- __! ~ U '~ Y. AND NOW, this ~5~ day of VVI ~ e.~ , 2011, it appearing ~t the Firstand Fi~ak~ ~~, Account and Statement of Proposed Distribution of Linda K. Minnich and Sue A. Witters, Executrices of the Estate and under the Last Will and Testament of Clyde Wrightstone, Deceased, have been duly filed and advertised according to law and rules of court, and that said Account was duly confirmed and Statement of Proposed Distribution duly approved by this Court on March 1, 2011; and it further appearing that said Executrices have proposed in said Statement of Proposed Distribution to distribute the Decedent's real estate in kind to themselves in their individual capacity, as beneficiaries under the above mentioned Last Will and Testament; and said Court having decreed distribution in accordance with said Statement of Proposed Distribution on March 1, 2011, IT IS ORDERED, ADJUDGED and DECREED that all right, title and interest of the said CLYDE arc c O~~a e w cu ~ .Qt cr t ca L O o ~ -_` ~ ~ ~ ~~ ~' 3 ~ 3 n. '',~ c 0 o U W~E:'?~ ~~i~a~'- ~~ ~~ ~~ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WRIGHTSTONE Deceased, in and to the following described real estate is hereby awarded in fee simple LINDA K. MINNICH AND SUE A. WITTERS as Tenants in Common: ALL those three (3) certain pieces or parcels of real estate situated in the First Ward in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded as described as follows: PARCEL NO 1: BEGINNING at a point at the center of the building line of South Marke Street and West Locust Street; thence by the dividing line of West Locust Street South 72 degrees West, one hundred thirteen (113) feet to an iron pin on said building line and at corner of land formerly of Robert H. Kuper, now Parcel No. 2 described hereinbelow; thence by the line of said Parcel, South 19 degrees East forty-one and five one-hundredths (41.05) feet to an iron pin; thence by the same South 72 degrees West, thirty-five (35) feet to an iron pin at Weaver Alley; thence by said Alley, South 19 degrees East, seventeen and five-tenths (17.5) feet to an iron pin at land now or formerly of the heirs of John Beelman, deceased; thence by the line of said Parcel, North 72 degrees 30 minutes East, one hundred forty-seven and six-tenths (147.6) feet, more or less, to a point on the building line of South Market Street; thence by the building line of South Market EXHIBIT A Street, North 18 degrees, 30 minutes West, sixty and forty-seven one-hundredths (60.47) feet to a point, the place of BEGINNING. BEING the same premises which Harry Mohler and Paul A. Mohler, Executors of the Last Will and Testament of Mattie J. Mohler, deceased, by their deed dated May 25, 1959, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "D', Volume 19, Page 290, granted and conveyed unto Clyde E. Wrightstone and Hazel I. Wrightstone, his wife. PARCEL N0.2: BEGINNING at an iron pin on the building line of West Locust Street and at the corner of Parcel No. 1, described hereinabove; thence by said building line South 72 degrees West, thirty-five (35) feet to an iron pin at Weaver Alley; thence by said Alley, South 19 degrees East, forty-one and five one-hundredths (41.05) feet to an iron pin at corner of said Parcel No. 1 described hereinabove; thence by the line of said Parcel, North 72 degrees East, thirty-five (35) feet to an iron pin at corner of said Parcel; thence continuing by said Parcel No. 1, North 19 degrees West, forty-one and five one-hundredths (41.05) feet to an iron pin on the building line of West Locust Street, at the place of BEGINNING. BEING, the same premises which Alice A. Rhodes, widow, by her deed dated June 29, 1963, and recorded in the Recorder's Office aforesaid in Deed Book "X", Volume 20, Page 673, granted and conveyed unto Clyde Wrightstone and Hazel Wrightstone, his wife. PARCELS NOS. 1 AND 2 being improved with two commercial buildings with apartments known and numbered as 100-102 South Market Street and 5 West Locust Street. SAID, Parcels being part of the premises which Hazel I. Wrightstone (by Linda Minnick and Sue Witters, her Attorneys-in-Fact) by her deed dated December 14, 2005, and recorded December 20, 2005, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Deed Book 272, Page 2047, granted and conveyed unto Clyde Wrightstone, the Decedent herein. IT IS FURTHER ORDERED AND DIRECTED that a certified copy of this Decree shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, among the deeds recorded in said Office, said Decree to be indexed in the Grantor Index for Deeds against the Estate of CLYDE WRIGHTSTONE, Deceased, and in the Grantee Index for Deeds to LINDA K. MINNICH and SUE A. WITTERS, pursuant to the Section 3536 of the Decedents, Estates and Fiduciaries Code (20 Pa. C.S. 3536). T_. aL_ /1......4 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. EXHIBIT A VERIFICATION I, Richard C. Snelbaker, Esquire, hereby states that I am the Attorney for the above decedent's estate and the Co-Executrices hereof, and that the facts set forth in the foregoing are true and correct. I understand that any false statements herein are made subject to the penalties 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. and C. Snelbaker March Q' , 2011 LAW OFFICES SNELBAKER EG BRENNEMAN, P.C.