HomeMy WebLinkAbout02-17-15 YETITIOY FOR GR4VT OF LETTERS
REGISTEROFWILLSOF Cu+n�k.'�Ia�cl COtiVTY, PE?JNSYLVANIA
Pe[itioner(s) named 6elow, who is/am 18 yea�s of uge or older, apply(ies) fo� Le�ters as spedtied below, and in
suppurt thcrw�f aver(a) thc following and mspuctf'ully mqucst(s) the grant of Letters i�the appropciate form:
Decedcn['s Informa[ion 7I r
:.ame: Edw4t-� 1�. (.'as5e-� FileNa: N� � J� ��Q�
a/k/a: (Assigncd by Register)
n/k/a:
z/k'a: Social Security Fo:
Date oC Death: � a. J ;7,o �S Age a[dea[h: S(o
Decedent was domiciled at death in Cumbea �a qd County, PA (Sr���wrth hfs/hec last
principalresidenceat lollo SPnL-��S Gra.le Eno�u I�P 1�o1S Cws� �2nn56�++o�YW (�.m.b�• ��'hd'
Siree�aJarese,Posl ORce�a1n�tl Zip Cotle �/� yCiry,Towmhip or Porough ` Caon�y
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ti�reetaddress,PastOff<eandZipCotle Cil ownshipoBorou6h Coun�y Sb�e
G�im re of vel�e of decede�Ps property a[dca[h'
/ dorniai/eRinPenns /vania_.. .. ............ . ... ..... Allpersonalproperty 5 3,�00
/7mtAanioi(eGinPennsYl�ania. .. ..................... PcnonalpmperryiiiPvnnsylvaniz 4
/(notdomici(eAinPennsPf�ania. .. ................ ..... PenonalpmPerry'inCounty $
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TOTALESTMAI'F,DVALOE. _. $ "�, �'{��Q
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Realuw�einPe�insylvaniasimatedat N�NE
(duucM1nAditmno(rhecrr.�f�e�rary) S�rcetnddress,PostOffceantlZipCode Ci�y.TownsM1iporBorougM1 County
� A. Petitioo Cor Pro6ate aud Grant of Letters Testamentarv
Pefinoner(s)avee(s)he/she/�hcy isiare ihe PxewtoKs)named in the las�Will of iLe Decedwt.Axted /o�l��2ou end Codlcil(x)
thac�oda�cd NONG
5in�e rAevan�ciecmnstnnces leg.. �wuclation.Aeoili ofemnimr,eec)
Except ns followx: efienhe exeoonon ofthe instrumen�(s)oficrW fov pmbete Decedent did nol merty,wasmt divun�eQ was m[a party to aPending
divoeoe prnceeAing wherein the gm�nds for diwmc had becn esnbllshed ns defned in 21 Pn. CS-¢}323(g),avd Jid vot have a chlld born or
edop¢d;end DeceAen[was neither[he vicnm of a killLug nor ever udJuA�ic/e�ed en i�evpueitured1peaon.
❑NOEYCEPiIOFS �E%CEPTIONS Il� Y CT �� 1 'f'G �eaP+�°F � � ��� ������_
� B. P¢liti011 �O[(ifa�t 0�L¢�C¢�9 Of Adminiet[a�ion QfapplicableJ
c.t.a.,dda,dA n c en.,pendence fice,Aurr.n«��brentia,duronre mfnori�aire
If Adminis[ration,c.t.a. or Q.b.n.ct.a.,en�er da�e of Will in Sec�ion A above and eompletc list of M1eirs.
Except as follows: Oecedrn�wes not n porty m n pending diwme pmceeding wLerein the gmunds(ordivoree had been esmblished as�c�ned
m 23 Pe.GS.�3323(g)and wus nel�he�tl�e vic�im of e killing nor e�er adjodiceted en incepaci[a[W pason.
�NO¢XC2PTIONS �EXCEPTION3
Peti�ioncv(s),e�icv o pmper earch hes/haveascertained that Deccdent lek no W ill end wessurvivcdby tlu(ollowing sPouse(ifaaY)Tnd hela(armch
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AAD NOW, � b� �f ��u�� ,�, in consiAcration oCthc fomgoing Pciilioq
s:ilis'Gictory proofhaving becn pcesented bcfore me,Tf I ECREGD that Lcucrs '�� �(py7�
arc hcrcby giantcd to �P�.lr j(�.�- �, h�l i i�l �
in Ihe above estet�i�d �f applicable) Ihnt
ll -��st� nc ll(v)dated Y I� ��
dcsn'ibcd in Ihe Pefition be admilled Lo pro6ate and filed o([ec rd as the last Will (and Codidl(s))of Decedrnt.
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�, ���W.��A �A�� C�7SS�t
o��� ,
C U�s::�'-��WA�DALE CASSEL, of Harrisburg Dauphin County, Pennsylvania, being of sound
mmd and memory, do make, publish and declare this my Last Will and Testament,hereby
revoking all former wills and codicils made by me.
A. DEBTS AND EXPENSF.S:
I will aud direct my personal representative to pay all legally enforceable debts, including
the expenses of my last illness and funeral expenses, current bills and any and all othex
expeuscs incurred in administering my estate.
B. FAMILY IDENTIFICATION:
My life partner is FREDERICK CURTIS PHILLIPY. I have been married and divorccd.
I have two children: RYAN E. CASSEL and ALEXANDER P. CASSEL. My pazen[s,
GEAALDINE K. and ELWOOD P. CASSEL, are both deceased. My siblings are 7ANE
E. SNOVER and DEBORAH E. CASSEL.
C. PERSONAL PROPERTY:
lf my partner, FREDERICK C. PHILLIPY, survives me,my personal effects, including
automobiles, boats, sporiing equipment,jewelry, fumiture, fumishings, cluna, glasswaze,
silver aud household equipment (except those items which a�e speci5cally given to a
benefieiary elsewhere in this Last Will a�d Testame�t in whieh case said specifie gift
shall take precedence over this pazagraph) shal]be distributed to my surviving paztner,
FREDERICK C. PHILLIPY. If my partner, FREDERICK C. PHILLIPY, does not
survive me,then I direet that my pecsonal repcesentative(s)divide my personal effects, as
described above(except those items which are specifically given to a beneficiary
elsewhere in this Last Will and Tes[amen[in which case said speciFic gift shall take
precedence over[his paragraph), among the following named beneficiaries who survive,
as the surviving named beneficiarics agree or, failing such agreement, in such manner as
my pe�sonal representative(s) may deem equitable. If my partner does not s�rvive me
and if the surviving named benef ciaries do not agree, 1 give my persona]
representative(s) full discretion to determine the division and dishibution of the ar[icles
above refened to between my surviving named beneficiaries, and such determination
shall be binding on all persons. The named bcneficiazies for pucposes of this pazagraph
are: RYAN E. CASSEL and ALEXANDER P. CASSEL.
Page 1 of 7 Last Will & Testament of Edwazd Dale Cassel
i
Witness Initials:� Testator Initials:
D. ESTATE TAX PROVISIONS:
My residuary estate remaining after compliance wi[h the previous provisions is to be
given to my paRner, FREDERICK C. PHILLIPY, if he survives me,but he shall havc the
right to disclaim all or any part of said residue. Upon said disclaimer of assets by eithcr,
the disclaimed whole or poRion shall be distributed to and administered pursuant to the
provisions for the Non-Marital Share as described hereunder.
1. NON-MARITAL SHARE
Upon my death, the assets of this Non-Marital Share shall be divided among my
named beneficiazies in eq�a] shares. The named beneSciaries for pucposes of[his
paragraph are: RYAN E. CASSEL and ALEXANDER R CASSEL.
E. DISTRIBUTION OF RESIDUE:
[f my partner, FREDEffiCK C.PHILLIPY, does not survive me, I give, devise and
bequeath al] of thc rest, residue and remainder of my estate and property, of whatever
kind and wherever situated, owned by me at the time of my death to my beneficiazies,
RYAN E. CASSEL and ALEXANDER P. CASSEL i� equal shares. If a�amed
beneficiazy does not survive me, I give[he share of said beneHciary to that beneficiary's
issue by representation. If the deceased beneficiary leaves no surviving issue, then[hat
beneficiary's share shall be distributed to the o[her beneficiazy, if he or his issue survive
me. if ncither beneficiary or[heir issue survive me, then I give, devise and bequeath all of
the resl,residue and iemainder of my estate and property, of whatever kind and wherever
situated, ow�ed by me a[the time of my death to JANE E. SNOVER.
F. HEIRS INTENTIONALLY NOT NAMED:
I have consciously not named any other family member and their issue�nder the terms of
this dowmen[.
G. NO CONTEST PHRASE:
If any bene5ciary of Ihis will oc a�y trus[ereated under this will, singly or in conjunetion
with any other person:
1. Contests or otherwise objects in any court to the validity of any of the following
doc�ments or amendments thereto (hereafter "DocumenY' or"Documents") or of
any of[heir provisions:
a this Last Will and Testament,
b. any tmst eceated pursuant to this Last Will and Testament,
Pagc 2 of 7 Last Will &Testament of Edward Dale Cassel
Wifiess Initials: � t Q � Testator Initials �
c. any beneficiary designation of an annuity, retirement plan, IRA, Keogh,
� pension or profit-sharing plari or insurance policy signed by me,
d. a buy-sell agreement signed by me,
e. a family partoership agreement, limited liability company, or related
operating agreement sig�ed or established by me; or .
2. Seeks to obtain an adjudication in any court proceeding that a Document is void,
or othe�wise seeks to void,nullify or set aside a Document(or any of its
p�ovisions);
3. Files suit o� a creditor's claim filed in a probate of my estate against thc es[ate, or
any other pocument, after rejection or lack of action by the respec[ive fiduciary;
4. Files a petition oc other pleading to change the character(commu�ity, separate,
joint tenancy, parinership, domestic partnership) of property already characterized
b}'a Documen[;
5. Claims owne�ship of any asset held by me in joint tenancy, other than as a
survivingjoint tenant;
6. Files a petition to probate homestead in a probate proceeding of my estate;
7. Files a pe[i[ion for family allowance in a probate of my estate; or
8. Participates in any of the above actions in a manner adverse to the estate, such as
conspiring with or assisting any person who takes any of[he above actions,
then the right of such beneficiary to take any interest given to him or her under this will
or any trust created pursuant to this will shall be determined as it would have been
detennincd had such beneficiary pcedeceased the testator without surviving issue.
The personal represe�tative is hereby authorized to defend, a[thc expense of Ihe es[a[e,
any contest or other violation of this pazagraph. Notwithstauding the foregoing a
"contesT' shall include any action described above in an arbitration proceeding and shall
not inelude aoy action described above solely in a mediation no[preceded by the filing of
a contest with the court.
Notwithstanding the foregoing, this paragraph shall not apply so as to cause a forfeiture
of any distribution otherwise qualifying for[he federa] estate tax marital deduction or
charitabLe deduc[ion.
H. SURVTVORSHIP PHRASE:
If any beneficiazy dics prior to the entry of an order, decree, o�judgmcnt iu my estate
Page 3 of 7 Last WiIL& Testament of Edward Dale Cassel
Witncss Initials. Testaror initials �
distdbuting the property in question, or within sixty(60) days after the date of my death,
whichever is eazlier, any interests which would have passed[o said beneficiazy under the
provisions of this Last Will and Testament aze to be disposed of according to the plan of
distribution which would have been effective under this Last Will and Testament if such
beneficiary had predeceased me, excep[that, if a'Simultaneous Death Provisiod is
i�cluded in this Last Will and Tcstament oc in any codicil the�eto, the Simultaoeous
Dcath Provision shall[ake precedence over the provisions of this paragraph in regazd to
survivorship of my partner. It is my intention tha[ any property or in[erest which is
distributed from my estate as a result of any transfer authorized by my personal
rcprese�tative prior to the death of said beneficiary will not be revoked or otherwise
afFected by the subsequent death of the distributee.
L PERSONALREPRESENTATIVE(S):
1. I constitute and appoi�t FREDERICK C. PHILLIPY personal representative of
this my Last Will and Testament. I au[horize and empower my personal
representative[o sell, transfe� and convey any and all of the property of my estate,
real and personal, and to execute, acknowledge and deliver good and sufficien[
transfers and conveyances thereof.
2. If FREDERICK C. PHILLIPY is �nable or unwilling to serve as personal
representative, I constitute aud appoint JANE E. SNOVER as personal
representative to serve with all rights and responsibilities given to the original
personal representative(s).
3. If JANE B. SNOVER is unable or unwilling to serve as personal represen[ative, I
constiWte and appoint KAREN KEPLEY as personal representative to serve with
alt rights and iesponsibilities given to Ihe original personal representative(s).
4. If no personal representative named in this will is willing and able to act, a
personal representative or capersonal representatives may be selected by the
court. The personal representative(s) so selected and appoin[ed shall have all
rights and responsibilities hereinbefore given m the named personal
rep�esentative(s).
5. No bond will be required of the personal representative.
J. WILL CONSTRUCTION:
1. Wherever the context requires, the singular includes the plural, and the masculine
includes the feminine and neuter. The words "child", "children", "grandchild" and
"grandchildren" shall include legally adopted children and grandchildren and
children and grandchildren bom or adopted before or after the execution of this
Last Will and Testament, but shall uot iucl�de stepchildren or step grandchild�en
who have not been legally adopted. Also, in construing this will, the terms "lineal
descendants" and "issue" shall include legally adop[ed lineal descendants and
Page 4 of 7 Last Will & Testament of Edward Dale Cassel
Witness Initia] : Testator Initials: �
issue and lineal descendants and issue bom or adopted before or after the
execution of this will.
2. The phrases "iss�e by right of representation" and "issue by representatiod' shall
mean linea] descendants,per strrpes. The phrase"his/her and/or their issue by
representation" shal]be interpreted so that if a beneficiazy of this wilL is alive at
the applicable date, the beneHciary's share is distributed to said beoe5ciary and
issue do not take as beneficiades, bu[ if a beneficiazy of this will is deceased as of
the applicable date and the will provisions provide[hat the beneficiazy's "issue by
representation" take the deceased beneHciary's share, [hen tha[beneficiary's
lineal descendants,per s�irpes, take, inheri[, a�d/or benefit as thc deceased
beneficiary's issue by representation or issue by right of representation. Issue
shall mean li¢ea]blood descendants and legally adopted descendants, unless
stated o[herwise. The phrase per siirpes shall mean(1)the divisio�of
distdbutable property into the number of equal shazes suf£cient m create one such
shaze with respect to each the� living descendant occupying the oldest generation
in which there is at least o�e then living pecson, and one such share with respect
to each deceased desce�dant occupying Ik�e same genera[ion who is then survived
by one or more descendnnts, and (2) distribution of each share so created with
respect to a then living descendant [o sueh descendant, and distribution of each
deceased descendanYs share equally among or between the deceased descendanPs
childreq a7so per stirpes as defined in(1) above.
3. The word "testamentory" shal]be construed as meaning arising after de¢th, and
shall not be construed ro imply any requirement of a probate proceeding of any
type. All references[o I.R.C. § anNor Reg. § or Regulation § shal] include any
amendments and/or equivalen[ successor section to said code or regulation.
Trustee(s) inclades any person(s), corporatio�(s) or other e�tity(ies) from time to
time holding that office as sole or co-trustee. Personal Representative includes
any person or corporation from time [o time holding that office and also includes
a speciai administrator.
K SPECIFIC BEQUESTS
TTEM BENEFICIARY
l. Grand Piano ALEXANDER CASSEL
2. Organ ALEXANDER CASSEL
3. Ensonique keyboard RYAN CASSEL
4. Kitchen hutch RYAN CASSEL
5. Diamond ring RYAN CASSEL
Page 5 of 7 Last Will &Testament of Edward Dale Cassel .
Wit�css InitiaLs: � Testator Initials: �
IN W INESS WHEREOF, I have hereunto set my hand a�d seal this 15`h day of October, 20l 1.
WITNESSES:� TESTATOR:
` � ��Q�
' EDWARD DALE CASSEL
O
PENNSYLVANIA SELF-PROVING CLAUSE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, EDWARD DALE CASSEL, the testator,whose uame is signed to the attached or foregoing
instrument, having been duly quali5ed according to law,do hereby acknowledge that I signed
and executed the instrument as my Last Will; and that I signed it willingly and as my free and
voluntary act for the purposes therein expressed.
��'..��c/1�G�..�4
EDWARD DALE CASSEL
On this 15`h day of October, 2011,before me personally appeared the aforesaid declazant and
principal, to me known to be the person described in and who executed the foregoing instrument
and acknowledged tha[ he/she executed the same as his/her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
County of Dauphin, Commonwealth of Pennsylvania the day and yeaz first above written.
Swom and subscribed before me, this 15'h day of October, 2011.
_ ���� My commission expires:
/ .( ��� Ja�uary17,2012 �7HOFaEry�y�Vq�
Leo L. Dunn,Notary Public i,oi o„"°�,""sB"
�wr we�
�E i.�"��
er, nn � � on e iuqM,
Page 6 of 7 Last Will &Testament of Edwazd Dale Cassel
Witness Initials. Testator Initials �
-�j•—
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
� �1�,� e -� , � � d
We,/7J�n �> QY IA. .h and
/`��,� � /���,� s , the witnesses whose names are signed to the attached
or foregoing instrument, being duly qualified according to law, do depose and say that we�vere
present and saw testator sign and execute this will as his Last Will; that the testator si�,med
willingly and executed it as his free and volu�tazy act for the purposes therei� exp�essed; that
each of us in the hearing and sight of[he testator, signed the will as a wifiess; and that to the best
otour knowledge the testator was at the time 18 or more yeazs of age, of sound mind and under
no constraint or undue intluence.
�,�e�u� �,�r,CC�� �..�
w� Ess � /J � / �� ��Ess
Print Name: J a/I 1 S /� � �-7� �peY� �'-i'nnt Nam : ,r rtn,1�
Print Address: �d��N � � ��� Print Address: �5�3G �J(�ep.Yl J�
Harris� �i�, 11'q ! 7�/ d c I �rs�wrzi �% 17//�
� ? �iS/�....�-
WTTNESS /�
Print Name: �u, � /.�,,,��
Print Address: ,�SD � /�/ d..�a Sr
�Ii7RQ is /b✓.4� �`'L7 /7//O
On this 15`h day of October,2011, bcfore me personally appeued the aforesaid declarants, to me
known to be the persons who witnessed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of5cial sea] in the
County of Dauphiq Commonwealth of Pennsylvania the day and yeaz first above written.
Swom and subscribed before me, this I S'" day of Oc[ober, 2011.
� . �."� COMMONWEALTHOFPENNSVLVANYI
Hdene�5ee�
Leo L. Dunn,Notazy Public ��o�.owa pw�.v P��
Snquennx�a r�w.,owpw�counb
Mr CamYSNm Exd�es Jan.n.xnz
Mycommissionexpires ��.v��avNa��an��o�ana�
Sanuary 17, 2012 �
Page 7 of 7 Last Will & Testaznent of Edward Dale Cassel /�
WitnessInirial� TestatoiInitials: p�"�
—CT
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
oF cwy
�(� �%`��5�* elC� No. 2016- 00786 ?A No. 27- 75- 0186
19�?a
J� � �"`�� yq Estate Of: EOWARD D CASSEL
� (t ,f f. /� 15�n.Mi��le[as9
� ���ii __� '���� �
��d� �� �;� Late Of: EAST PEN/VSBORO TOWNSHIP
z�`� — �� CUMBERLAND COUNTY
c�, d�
=� Deceased
Y750 Social Security No:
WHEREAS, on the 18th day of February 2015 an instrument dated
October 15th 20ll was admitted to probate as the last will of
EDWARD D CASSEL
late of EASTPENNSBOROTOWNSH/P, CUMBERLANOCounty,
who died on tne 2nd day of Febr.uary 2015 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, USAM. GRAYSON, ESQ. , Register af Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARYto:
FRE�ERICK C PNILLIPY
who has duly qualified as EXECUTOR/R/X1
and has agreed to administer the estate according to law, all of which
fully appears ot remrd in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sea7
i�_ m
oF�rl�y o�'#ice .on the 18th day of February 2015.
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**NOTE** ALL NAMES ABOVE APPHAR (F'IRST, MIDDLE. LAST)