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HomeMy WebLinkAbout04-11-13 IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA The Estate of FRED R. CASSIDY, JR., Deceased Orphans' Court Division PETITION FOR THE SETTLEMENT OF A SMALL ESTATE IN ACCORDANCE WITH 20 PA C.S.A. SECTION 3102 TO THE HONORABLE, THE JUDGES OF THE SAID COURT, The Petition of R.JANE-CASSIDY respectfully represents: 1. That she resides at 30 Fanus Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania, and is the wife of the decedent, Fred R. Cassidy,Jr. 2. That the decedent,Fred R. Cassidy, Jr., died on February 25, 2013, and at the time of his death was a patient at Carlisle Regional Medical Center, Carlisle, Pennsylvania and,prior to his admission,resided with Petitioner at the above referenced address. 3. That the decedent died testate and under ITEM 5: of his Last Will and Testament,the Petitioner, R. Jane Cassidy,was appointed the personal representative of his estate. A copy of the Last Will and Testament of Frederick R. Cassidy Jr. is attached hereto,marked as Exhibit"A", and incorporated herein by reference. 4. That the said Frederick R. Cassidy,Jr. left surviving him the following persons entitled to share in his estate: a. R. Jane Cassidy—wife b. Mary Jane Cassidy Denn 5. None of the people mentioned herein have received or retained property by way of payment of wages, salary or vacation benefits as set forth in 20 Pa. C.S.A. Sec. 3101. 6. That no person is entitled to the Family Exemption. 7. That the gross value of the personal estate of the decedent does not exceed $25,000.00. c max' 8. That the property of the decedent and the values of the seNsztms thereof are as follows: a z rrn Zy r E--► M . � i cz.) sA- o cn co -ra a. Checking account at PNC Bank No. 51-4039-8455 $3,102.52 b. Savings account at PNC Bank No. 51-3031-9725 7,213.37 Total Assets $10,315.89 9. That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are: NONE 10. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills; inheritance tax assessed in the amount of$ -0-. 11. That the Petitioner and her heirs have been given written notice of the intention to file this Petition and hereby consent to waive the requirement of the twenty (20)days prior written notice of the intention to file such Petition. Copies of each Waiver and Consent are attached hereto and incorporated herein by reference. WHEREFORE, Petitioner prays that the Court direct distribution of the property of the said Fred R. Cassidy,Jr. in the following manner: A. That PNC Bank close checking account No. 51-4039-8455 which currently totals$3,102.52 plus any accrued interest thereon and savings account No. 51- 3031-9725 which currently totals $7,213.37 plus any accrued interest thereon and issue the proceeds of both accounts to the Petitioner, R. Jane Cassidy. B. That the Petitioner be authorized to execute any and all tax documents that may be needed to be signed in order to comply with the laws of the Commonwealth of Pennsylvania,the United States of America, and any local government. Respectfully submitted, DATED: c �D Anthony L. uca, Esquire Joe 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Telephone (717)258-6844 Attorney I.D.No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition For The Settlement of A Small Estate In Accordance With 20 PA C.S.A. Section 3102 are true and correct to the best of my knowledge, information,and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 'to � r R. J Cassidy MEN- n'st Mill UnA T'Vatummt OF FREDERICK R. CASSIDY, JR. BE IT REMEMBERED, that I, FREDERICK R. CASSIDY, JR.,, of 30 Fanus Road, Gardners, Cumberland County, Pennsylvania, be n-q of sound mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me at any time heretofore made. ITEM is I direct that all my just debts and funeral expenses be paid as soon after my demise as may be convenient. ITEM 2: All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, whether it be real, :personal Qr. m,}.ged, inelgd�ng ; X9Rprty over which I have a power of appointment, I give, devise and bequeath unto my wife, R. JANE CASSIDY, absolutely, provided she survives me for a period of thirty (30) days. ITEM 3: Should my wife, R. JANE CASSIDY, fail to survive me for a period of thirty (30) days, or should we die simultaneously, I then give, devise and bequeath my entire residuary estate unto my daughter, MARY JANE CASSIDY. ITEM 4: I direct my hereinafter named Executrix to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my estate or the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject and to charge such taxes against my residuary estate, it being my intention i--W NESS: FREDERICK R. CA 8 DY, JR. EXHIBIV "A" that none of the aforesaid taxes, either federal or state, on any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interested in my estate to whom such property is or may be transferred or to whom any benefit accrues. ITEM 5: I appoint my wife, R. JANE CASSIDY, as Executrix of this my Last Will and Testament. Should my wife predecease me, fail to qualify, cease to act or renounce probate, I then appoint my daughter, MARY JANE CASSIDY, as alternate Executrix of this my Last Will and Testament. ITEM 6: I direct that my Executrix or her successor shall not be required to give bond for the faithful performance of their duties in any jurisdiction. x eunto set my hand and seal this day of 2000. i �W NESS: (SEAL) ' FREDERICK R. CA DY, JR. -2- COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly (or willingly directed another to sign for him) , and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the t presence and hearing of the Testator, signed this Last logo (18) years of age or older, of sound mind and under no constraint or undue influence. h R ERICK 1C. CASSIM4rJR. tom... . WLUESS S Sworn to and subscribed before me this aday of Au 2000. NOTARY PUB IC r MY COMMISSION EXPIRES: -- Notarial Sea! S.Dawn Glacifelter,Notary P'N Dillsburg Bom,York Countv : My Commissifon Expires May 17,201" Member,Penmylvania Association o ores IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA The Estate of FRED R. CASSIDY,JR., Deceased : Orphans' Court Division : No. WAIVER AND CONSENT The undersigned party,having an interest in the Estate of Fred R. Cassidy, Jr.,hereby waives the required twenty (20)days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. !� r Date: e Cassidy Sworn to and subscribed before me this -A/00day of March,2013. Notary lic NOTARIAL SEAL MAAJM A OH.UCA womv Pvbk .�OLETON 1MIP..CUMSHII.Aon My Cenrtssion Exyins NN 5.ow ��� $$ .�:.�.�..l,.�et 'fir_ LE��4x'}'.w IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA The Estate of FRED R. CASSIDY,JR., Deceased : Orphans' Court Division : No. WAIVER AND CONSENT The undersigned party,having an interest in the Estate of Fred R. Cassidy, Jr.,hereby waives the required twenty (20)days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: 4 Azf Mary J sidy Denn Sworn to and subscribed before me this 5 day of April, 2013. �i�t;t,W1 rnC N tart'Vublic