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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ics) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information ��—
Name; MICHAEL J.CASSIDY File No: t
a/k a: (Assigned by Register)
afk/a:
aik/a: Social Security No:
Date of Death: August I 1 2014 Age at death: 60
Decedent was domiciled at death in Cumberland County, peon yivania (State)with his/her last
principal residence at 18 Log Cabin Road,Newvitle PA 17241 West Pennsboro Township Cumberland_
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 18 Log Cabin Road,Newville,PA 17241 West Pennsboro Township Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County Stare
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania., ... ... . . . . .. .......... . ... All personal property $ 100,000.00
If not domiciled in Pennsylvania. .-——........--.... Personal property in Pennsylvania $
If not domiciled in Pe nnsylvania. .. ................ ..... Personal property in County $
Value of real estate in Pennsyl vania.. . . . ... . .. . . . . . . . . .......... . .................. . . . . . . ... $
TOTAL ESTIMATED VALUE. ... $ 100,000.00
Real estate in Pennsylvania situated at: NONE
(Attach additional sheets,if necessay.) Street address,Post Office and Zip Code City,Township or Borough County
W1 A. Petition for Probate and Grant of Letters Testamentary
Petitioners)aver(s)hetshelthey is/are the Executor(s)named in the last Will of the Decedent,dated October 24,201 1 and&;aicil(s) �
thereto dated NONE
-
C_.: -
Staff relevant circumstances(eg,renunciation,death of"motor.etc) Ty=�' V7 �:-, ._G
:0 iV r�
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,wa pally to ependingE'
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did g jo save a childborn
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
c° r^
( NO EXCEPTIONS 0 EXCEPTIONS C)
D �n
®
B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,el b.n.c.i.a.,pendente lite,durarete absentia,durante mmoritate
If Administration, c.t.a. or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs,
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
0 NO EXCEPTIONS 0 EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
ForinRw-02 rev. 10/111201/ Page I oft
Oath of Personal Representative Official Use only
COMMONWEALTH OF PENNSYLVANIA I
SS:
COUNTY OF CUMBERLAND I
Petitioner(s)Printed Name Petitioner(s)Printed Address
Julie A.Cassidy 18 t;Z;1&it@i#0ev Road Newville,PA 17241
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and c rreci to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Represcntative(s)of tWDwe den the tic s)wtl w Il and tau administer the estate c ordmg to law.
Swom to or affirmed and subscribed before Date
By this Sr day QfV�, L pate
By: `{tl_—�cJtt Date
For the Register Date
BOND Required: d YES Q NO To the Register of Wilts:
FEES: Please enter my appearance by my signature below:
Letters. . . ... . .. . . ... ... ... . . $ 210.00 Attorney Signature:
( 20}Short Certificate(s).... . . 100.00
( )Renunciation(s).. . . . . . . .
( )
Codicil(s). , . . . . . . . .. .
( }A ftidavit(s)... ... ... . . .
Bond.. .. . . . . . . . . . .. . ... . . . . . Printed Name: Mark D.Hipp,Esquire
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other Will 15.00 ID Number: 84493
Inventory .. ... . . . 15.00
Inheritance Tax Return . . . . . . . . 15.00 Firm Name: METTE, EVANS&WOODSIDE
. . . . . . . . Address: 3401 North Front Street
. . . .. . , . PO Box 5950
. ... . .. . Harrisbur PA 17110-0950`J
r,P'v � C z
. . . . . . Phone: (717)232-5000 m Z c .' G-) �.
Automation Fee. ... . ... . .. .... 5.00 Fax: 717 236-1$26
ICS Fee, . . .. . .. 35.50 Email: mdhippQmene min °? r" *_,
TOTAL. . . . . . . . . . . . . . . . . . $
O Ei _ fin
DECREE OF THE REGISTER ro
Estate of MICHAEL J.CASSIDY File No: a L4 ` l W co
atkfa:
AND NOW,_ffi ` � 20N in consideration of the foregoing Petition,
satisfactory proof having be¢r�Iipresented before me, IT IS DECREED that Letters Testamentary
are hereby granted to JULIE.A.CASSIDY
in the above estate and (if applicable)that
the instrument(s) dated October 24 2013
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
g' ter of W' Is j
Form ew-oz ter, roinnau � Q�o��4 Page 2 of 2
❑
OF _: ry = r•
C)
MICHAEL J. CASSIDY n µ
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I, MICHAEL J. CASSIDY, of 18 Log Cabin Road, Newville, Cumberland
County, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills
and codicils.
FIRST: The expenses of my last illness and
funeral shall be paid from my estate.
SECOND: I may leave a written list in my safe
deposit box or elsewhere disposing of certain items of my tangible personal property.
The Executor shall dispose of items of my personal property as specified in the
written list. If no written list is found in my safe deposit box or elsewhere and
properly identified by the Executor within thirty (30) days after the probate of my
Will, it shall be presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored. If no list exists or is not complete, I give any unlisted
household furniture and furnishings, books, pictures,jewelry, silverware,
automobiles, wearing apparel and all other articles of household or personal use or
adornment not mentioned in the written list and all policies of insurance thereon, to
my wife, JULIE A. CASSIDY, provided that if my wife dies before the thirtieth (301')
day following the date of my death, this gift shall lapse or be divested and I make said
bequest to my issue, per stirpes, living at the time of my death, to be divided among
them as they shall agree. If they cannot agree for any reason, my Executor shall
make the decision and its decision shall be final.
Page 1 Ile
My Executor shall represent any minor child in any division of such
property and shall deliver to the person standing in the place of a parent to such
minor, without bond, such portion of the minor's share as my Executor, after
considering the minor's wishes, deems appropriate.
THIRD: If my wife, JULIE A. CASSIDY, does
not survive me by thirty (30) days, I make certain pre-residuary gifts and bequests as
follows; provided, however, if any beneficiary fails to survive me by thirty (30) days,
the bequest in his or her favor shall lapse and be added to and administered as part of
the residue of my estate:
(a) To my daughter, JENNIFER L. SERINO, the sum of Fifty
Thousand Dollars ($50,000);
(b) To my son, MICHAEL C. CASSIDY, the sum of Fifty Thousand
Dollars ($50,000); and
(c) To my Trustee named under Item TWELFTH, the sum of Two
Hundred Thousand Dollars ($200,000). My Trustee shall administer this account in
Trust with the express purpose of accumulating income until my son and daughter
attain the age of fifty (50) years. While my Trustee shall be authorized to distribute
income and principal, in my Trustee's sole and absolute discretion, should my
children have a specific need and the assets otherwise available to him or her are not
sufficient to meet that need, it is my intention that this fund be administered for the
benefit of my children until they attain the age of fifty (50) in order to provide an
asset that will be available to assist them as they prepare for retirement. Upon the
latter to occur of the death of a child or him or her attaining the age of fifty (50)
years, my Trustee shall divide the amount then held in Trust equally and make
distribution of one such share to my child or his or her estate and the other share
Page 2 ��
shall continue to be administered until the latter to occur of the death of that child or
him or her attaining the age of fifty (50), at which time my Trustee shall make final
distribution of the then remaining funds held in Trust under this Item THIRD.
FOURTH: I give and devise the rest, residue and
remainder of my estate, real and personal, to my wife, JULIE A. CASSIDY, if my wife
survives me by thirty (30) days. If my wife does not survive me by thirty (30) days, I
give and devise the rest, residue and remainder of my estate to my Trustee,
hereinafter named, as follows:
(a) The principal shall be divided into as many equal shares as there
are children of mine then living and children of mine then deceased who are survived
by issue. The Trustee shall hold one share as a separate Trust for the benefit of each
living child, and one share as a separate Trust for the benefit of the issue of each
deceased child, per stirpes. Thereafter:
(i) The net income from each share may, in the absolute and
sole discretion of Trustee, be paid to or accumulated on behalf of each of my
beneficiaries until the fifth (5th) anniversary of my death, at which time the income
shall be paid to each beneficiary for life. In addition to the foregoing, each such
beneficiary shall have the right to withdraw one-third (1/3) of his or her share of the
principal and accumulated income upon the tenth (10') anniversary of the date of my
death, one-half(1/2) of his or her remaining share of the principal and accumulated
income upon the fifteenth (15") anniversary of the date of my death, and the
remaining balance of his or her share of the principal and accumulated income upon
the twentieth (20") anniversary of the date of my death. The rights of withdrawal
may be exercised from time to time in whole or in part and the said rights of
withdrawal shall be cumulative.
Page 3
(ii) Upon the death of each of my aforesaid beneficiaries, the
share of principal from which he or she is eligible to receive income shall be held in
Trust as provided herein for the benefit of his or her surviving issue, per stirpes, or in
default of such issue, added proportionately to the other shares created hereunder
and distributed outright or held in trust as the case may be.
(iii) If no issue survive to the twentieth (20t') anniversary of
the date of my death and/or exercise the withdrawal rights with respect to his or her
share hereunder, the remainder of that share shall be distributed as provided in
subparagraph (b) of Item FOURTH.
(b) If none of the foregoing beneficiaries survive me, my estate shall
be divided into two equal shares and one share shall be paid to my heirs who would
be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of
the survivor of myself and my wife; and the other share shall be paid to my wife's
heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in
effect at the death of the survivor of myself and my wife as if my wife had then died
Intestate.
FIFTH: My Trustee may use principal under
Item FOURTH hereof(Residue Trust), for my issue, as that Trustee deems
necessary:
(a) To meet the expense of any accident, illness or other emergency
befalling any of them;
(b) To assist a beneficiary in purchasing a suitable residence for him
or her to occupy by furnishing a down payment to facilitate the aforementioned
purchase;
Page 4
(c) For maintenance, support and education (including college and
graduate school); and
(d) To pay funeral expenses, including the cost of a grave marker and
perpetual care of the grave.
Notwithstanding the foregoing, the power to consume, invade or
appropriate property for the benefit of my issue shall be limited by ascertainable
standard relating to health, education, support or maintenance within the meaning
of subparagraph (a) of Section 2041(b)(1) of the Internal Revenue Code of 1954 or
any similar provision which may be in effect at the time of my death so that such
power will not constitute a general power of appointment.
SIXTH: I appoint my Trustee as Guardian to
hold for minors all property payable by law to a guardian appointed by my Will and
use the same for the minor's maintenance and education, either directly or by
payment to any person selected to disburse it, whose receipt shall be a complete
acquittance therefor. All unexpended income and principal shall be paid to the
minor at majority. For purposes of this Will, majority shall be construed to be when
the individual attains the age of twenty-five (25) years.
SEVENTH: No provision of this Will is intended to
exercise any power of appointment, including any power of appointment.
EIGHTH: No interest of any beneficiary under
this Will or any codicil hereto shall be subject to anticipation or voluntary or
involuntary alienation, and the personal receipt of such beneficiary shall be the
sufficient and only discharge of my Executor unless otherwise provided herein.
Page 5 �K
NINTH: All taxes, interest and penalties
thereon payable by reason of my death with respect to property comprising my gross
estate, whether or not passing under this Will, shall be paid from the principal of my
residuary estate.
TENTH: In addition to powers given them by
law, my Fiduciaries and their successors and any guardian acting hereunder shall
have the following discretionary powers applicable to all real and personal property
held by him, effective without court order and until actual distribution:
(a) To retain all property received by them including the stock of any
corporate fiduciary acting hereunder, provided such property remains productive;
(b) To sell or lease real estate and to enter into any other agreements
pertaining to the use of my land as may be necessary in the sole and absolute
discretion of any Fiduciaries for any purpose, publicly or privately, for such prices
and on such terms as they deem proper, without liability on the purchasers to see to
application of the purchase moneys;
(c) To compromise controversies;
(d) To distribute in cash or in kind or partly in each at valuations
fixed by them;
(e) To hold investments in the name of a nominee;
(f) To assume continuance of the status of any beneficiary with
reference to marriage, divorce, illness, incapacity or other change in the absence of
Page 6 Ie-
information deemed reliable without liability for disbursements made on such
assumption;
(g) To make income or principal distributions during the course of
administration of my estate or trust created hereunder; and
(h) To undertake any and all acts may deem necessary and proper for
advantageous management of any trust and the settlement of my estate.
ELEVENTH: Any beneficiary hereunder who dies at
the same time as me, within thirty (30) days of me, or under circumstances wherein
it shall be difficult or impossible to determine who died first shall be presumed to
have predeceased me.
TWELFTH: I appoint my wife, JULIE A. CASSIDY,
as Executrix of this my Will (referred to herein, in addition to any successor, as my
"Executor"). In the event my said wife cannot act or continue to act for any reason, I
appoint my brother, HERBERT R. CASSIDY and BRIDGEFORD TRUST COMPANY,
to serve as Executor and as Trustee of the Trusts created under my Will. In the event
my said brother shall be unable or unwilling to act as Executor and individual Trustee
under this my Will, my said brother shall be authorized to appoint his successor to
serve as individual Trustee in conjunction with BRIDGEFORD TRUST COMPANY as
co-fiduciaries under this my Will. Upon unanimous agreement of the income
beneficiaries of the Trusts created under Item FOURTH, said beneficiaries shall be
entitled to remove BRIDGEFORD TRUST COMPANY from serving as Trustee
hereunder in favor of an alternate corporate fiduciary that shall be selected by
unanimous agreement. Each fiduciary appointed to serve hereunder shall be entitled
to a reasonable compensation for services rendered and a corporate fiduciary shall be
Page 7 ��
entitled to receive compensation according to its standard schedule of fees. No
fiduciary acting hereunder shall be required to post bond or enter security in any
jurisdiction.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding seven (7) pages, at the end
of each page of which I have also set my initials for greater security and better
identification this 24"' day of October, 2013.
�r (SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by the above-named
Testator, MICHAEL J. CASSIDY, as and for his Last Will and Testament, in the
presence of us, who at his request, in his presence and in the presence of each other,
have hereunto subscribed our names as witnesses: /
Residing at R f o
a Residing at
Page 8
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF DAUPHIN
I, MICHAEL J. CASSIDY, Testator, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary act
for the purposes therein expressed.
f
(SEAL)
I HAE SIDY
Sworn to and subscribed
to before me this 24`h day
of October, 2013.
�
Notary Public
My Commission Expires: U17, 415
(SEAL)
NOTARIAL SEAL
JESSICA R PORTER
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Jun 29, 2015
Page 9
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
SS.
COUNTY OF DAUPHIN
We, / k �• I�%({� and 5'Gl9AN /�1, R/�/�/ the
Witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testator, MICHAEL J. CASSIDY, sign and execute the instrument as his Last Will
and Testament; that Testator signed willingly and that he executed said Will as his
free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of Testator signed the Will as Witness; and that to the best of our
knowledge the Testator was at that time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
l
Witness Witness
Sworn to and subscribed
to before me this 24th day
of October, 2013.
Notary Public
My Commission Expires: UlZAllS
(SEAL)
NOTARIAL SEAL
JESSICA R PORTER
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Jun 29, 2015
Page 10
671594v2
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00780 PA No.�2d- 14- (Q380
X FA "rn Ci
Estate Of: MICHAEL J CASSIDY CID -
(FirsG Middle.Lase
_1
Late Of: WEST PENNSBORO TOWNSHIP.-,
CUMBERLAND COUNTY no m r
Deceased o ` G
0 Social Security No: r N CD
0
WHEREAS, on the 21st day of August 2014 an instrument dated
October 24th 2013 was admitted to probate as the last will of
MICHAEL ✓ CASSIDY
(First,Middle.Last)
late of WEST PENNSBORO TOWNSHIP, CUMBERLAND County,
who died on the 11th day of August 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARYto:
JULIEA CASSIDY
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 21st day of August 2014.
qe ister of M
Deputp
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)