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HomeMy WebLinkAbout08-08-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Robert A. Aust, Jr. also known as File Number r2/ -~6r; ~1Ljq , Deceased Social Security Number 185-38-9223 Petitioner(s), who is/are 18 years ofage or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) r) ~."~O "'o'~c~~ - .", ~-"..- ~ = -.l I2l A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executrix last Will ofthe Decedent dated and codicil(s) dated none J;:l" c:: G") named in the. Q:) . - - 0" ~'?\ ., <:J cJl Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the {~;trument(s) ohPred for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~--, .,- . (~) '-,'; , r-- :t::'=;'t ~'.\... (State relevant circumstances, e.g., renunciation, death of executor, etc.) o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 28 Tunbridge Lane. Carlisle. Cumberland County. Pennsylvania 17013 (List street address, town/city, township, county, state, zip code) Decedent, then 57 years of age, died on August 5, 2007 at 28 Tunbridge Lane, Carlisle, P A 17013 Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ z..~. ::>.:;>::> /75'.000.:>Q situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence Deborah L. Blessing, 1308 Brandt Avenue, New Cumberland, Pennsylvania 17070 Form RW-02 rev. 10.13.06 Page 10f2 6'1--'l~~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~ Si~If1;",;! ~ Signature of Personal Representative C) (::0 :1 ;;;S --0 'c:;r- "'":.- ,--;-] ~ = -...l ~ c:::: (7") I u..J -) Signature of Personal Representative 'j~; ~,:,~ ~3 ~~~ ~ ~S --'..... c..n \.0 File Number: c::J l- 0'1 - () 7~q Estate of Robert A. Aust, Jr. , Deceased Social Security Number: 185-38-9223 Date of Death: August 5, 2007 AND NOW, (11 J. {) ^~ 10 , ~ 6bl , in consideration of the foregoing Petition, satisfactory proof having been presented before J}e, IT IS DECREED that Letters Testamentary areherebygrantedto Jalll'ltle1Jn....~ (:)t>DOn)_h \ . 6\t'~'\n3- Executrix in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~c;b ~,JJwb~ R<g~ . fL^ J'vckf , f/1 fL FEES Short Certificate(s) . . . . . . . . $ $ ~c..oO, 00 g- ,CD Letters Attorney Signature: ..........$ ... $ .. . $ .. . $ .. . $ ." $ .. . $ $ $ $ .. .. .. .. .. .. .. $ ::11? Renunciation(s) 1,0) f ( Jcf A"t.fv J S.vO 10.00 S.OO Attorney Name: Michael A. Scherer, Esquire Supreme Court J.D. No.: 61974 Address: O'Brien, Baric & Scherer 19 West South Street Carlisle, PAl 7013 Telephone: (717) 249-6873 TOTAL ~ Form RW-02 rev. 10.13.06 Page 2 of2 1105,805 REV (01/07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. Fee for this certificate, $6.00 ~.~...~.,~G~ 8/L007 Local Registrar ~ :0 J;Joo DateIs~~ed _~J-O c: ',' " ~ ,-,-.:!:O (i") ,- "J .'.-=' ):> F;:; , , :.-~:.' :2; ::0 r" .-_Cf)~ c...:> 1 ( ") 0 ::x:- ') 0 'Tl :3: ,--\C :-~ :0 --I cP jZ 0 .s:- P 13745114 ~ H1~143 REV 1112006 TYPEfPRlllTIN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) B, Dolo a1_ (Month. 7.~ and8llleor PA Ctmtlerland Dkl DecedenI LNo',. rowtl6hlp1 17cJ[!Yes._Li>led. ~ 17d.ONo,_Li>ledwihin AcluoIUmftlaI MiMl"'rnn rwp, -' 1. Nameal_(FInt_."'.ouIllx) 57 Decenber 4, 1949 COIU1\i)ia, SC Bb, Co.I1Iy aI Ilea" Culrber land Bd, FaclIl~l)fnol_.giw-and~ 28 TUnOridge Ln. carl1s1e, Pa 11.DecedInt'sl..lull ri'iastol' 1ile.00.nol.stale Kmdal_ Kmdalllusinllosf"""'r COnstable Pa Gov I t . lB, _. MoiInQ....... 1_ clIy f_. -. zip-I 8 Tunbridge Lane rlisle, Pa 17015 1B~I~~~~Sr. 12:.Wu Decedent ever In the U.S.ArrnedForcel? OV" GaNo -. AduBI Residence 17a. Siate ~ ~ O! ... 17b, Co.I1Iy CAyf..... 2Oaj~"iy;rA~t Pa 17015 21cPloceal~INameal_._,,-]Ilocel 21.. LocIffon ICIly f_._."_1 Hoffman....Roth Funera.l Home & carlisle, pa 17013 2fj~C=~'m Funeral Home & Crematory 219 ~. Hanover St. 7 ~: :rdlloooUee Contriblie to 0Mth? Yes 0- ONo OU- 29. It Fem&Ie: o "",_-put,"" o ~t1"'a1_ 0"",_...._-42..,. a1_ 0""'_..._....,.101'"" ..... - o -._-...put,"" 32c.~=:is.:;-'-' M. CAUSE OF DEATH (Soo t~. ) 1fom'Zl.PoI1I, EnIorfho~__,,,,,,,,,,"""""""Iho1__"'_OONOT_--,,,,,.....-.-, rospksdory.......,,__......_..._,LltlorifyanoC8lllll"'........, ~-==~ '" elo~~J: U II '--'-\1\1 (1(~~1t. b, ApproockntIo_: DnstI 10 0etIh ~1tI_..any. 10 c::auselllldonlneL EnIor UllDEALVIII CAUSE =-~-:..~ Dueto(orBla~oI'): c, Out to {or as a cxqequence ofJ: ~ I ~ ! OV" 1--Nc DYes ONo 31. Mltnnltof 0Iefl p(- D- O- OP_'rwootigtIfon 0- OCWdNo!bellolonninod 32d.TmecX~ 32g,LocIffonallnjulylSt.....clIyf_._1 001. WII an~ -.- d, 311>,___ _PIforIo~ of c... of o.th? M. 35, .. 0lsp0sItI0n PermIl No. 01r1~9 LAST WILL and TESTAMENT 0 So /~ ::0 '-u :cO OF :~:-: F;::; _ ~n5~ /'-,) = <::::) --' ::t>a C G'") I 0.::> C) --II J= -:;ji'" ROBERT A. AUST, JR. ~~D --l CJ1 \.D I, Robert A. Aust, Jr. of South Middleton Township ,Cumberland County, Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all Wills and Codicils previously made by me. I will take this opportunity to memorialize my thoughts at this time in my life; as my life has under gone some major changes in the last year. I realize just how blessed I am every time I gaze upon my darling daughter Jackie, who I first saw as she emerged from her mother's womb, and I am so proud of her as she has grown up and matured. She as all of us has had a few bumps in the road of life, but has navigated the road very well and has not let me down in any way. My hope is she will take her wonderful mind and someday decide to expand her horizons and go to school: if she wants to pursue something special. I am very fortunate that I see her almost daily and I look at her with nothing but pride, adoration and RESPECT, more than words can express, because of her decision to give birth to her daughter/my granddaughter Hannah Lynn Aust. I must give a very big compliment to Jackie as she is being a big moral and , emotional support to her mother by helping with taking care of the house and helping ~eet the financial obligations of the household. The mental ,emotional and physical development of Hannah over her two plus years of life is wonderful and although many ~ of us participate in Hannah's life her mother gets the major credit for her up bringing and rogress-keep up the great job Jackie! In closing this brief section I am so very very proud of you my darling daughter Jackie and I hope you find some day a man worthy of you and Hannah if you wish and as \ ""- '\ I said to you before and now say it again as my father said to me in his Will: Do not blow ~ ""3 the money I am leaving you because once it is gone your on your own for more !! ~ KNOW that I LOVE YOU more than words can express Darling Daughter!!!!! I pray for . you daily !! I want to add that I respect you for coming out and actively supporting the candidate that you know will do the best job as Register of Wills. I have a Best Friend who I love and cherish and that is my former wife Debbie who due to the untimely death of her husband and soul mate and my friend Glenn has had to become very strong and independent very quickly. Although supported and comforted by her boyfriend Brian she has had to undertake the structuring and maintaining of a home for she, Jackie and Hannah; as well as continue working a second shift job. She has made me so proud in her handling of her limited finances and her budgeting and has gotten a new roof, the pool removed and landscaping done, paid off her mortgage and car and has money set aside for remodeling that she wants done. What a super woman/mom she is and I am happy that she lets me help out with projects when I am looking for busy work c_.~-~ .- "\ 1 and I am so very happy to give her a new car this year for Christmas. I Love You and pray for you daily. Oh my Hannah you are such a joy and Pappy was so fortunate to have retired before you were born, so I could take care of you for those first nine and one half month's and watch you take your first three steps. You brighten up my life every time I see you and talk with you on the phone. I pray each day that you will bring something special to mankind when you are older as God is with You for sure. I hope that The Big "C" does not get Pappy and that I will be around to watch you ride your first two wheel bicycle, teach you to drive, be at your high school and college graduations and basically grow old watching you achieve these milestones as I was able to watch your mother grow up. I am sure your mother will save some of my estate for you especially the family photo's and furniture that I got from my parents, but know I leave you MY LOVE ! I pray for you daily . My daughter Alida has always been so supportive to me especially these last three years or so and I am so very proud of her achievements in her life and now she is soon going to have a second child. We spoke Christmas night and she told me another son is coming to she and Tom. Lucas will have a little brother. I know the power of prayer Dear Ali as I told you Christmas night and I pray with you all for Tom that his health problems are benign and the new baby as I do for you and Lucas several times a day. God has answered all my prayer's positively to date and I know of no reason for him to stop the positive results. I have tried many times over the year's to give you worldly items and you have always feigned them, so now that I am gone I will not try again, but give you MY LOVE! I. ITEM ONE: I direct that the expenses of my last illnesses and funeral, my just debts ~ ~d the expenses of the administration of my estate shall be paid out of my residuary ~ ~estate as soon as may be practicable and convenient after my death. . . ITEM TWO: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon becoming payable by reason of my death with respect to property constituting my gross estate for death tax purposes, whether or not such property passes under this will, shall be paid out of my residuary estate as an expense of administration. No person receiving or .having a beneficial interest in property distributed under this will shall at any time be required to contribute to or refund any part of the tax liability hereunder. ~ ~ ITEM THREE: I bequeath all of my jewelry and other personal effects, my household furniture and furnishings and other personal property of like nature (not including cash or securities I may own at the time of my death) , my residence at 28 Tunbridge Lane, Carlisle, Pennsylvania and my motor vehicles to my daughter, JACQUELYN ANN AUST. ITEM FOUR: I devise and bequeath the rest, residue and remainder of my estate, of every nature and wherever situate, to my Trustee hereinafter-named, to be held in trust 2 for the following uses and purposes and subject to the terms and conditions hereinafter set forth: (A) My Trustee shall expend upon my daughter , JACQUELYN ANN AUST, for her medical care, support, welfare and education (including college education, both undergraduate and graduate), so much of the income and to the extent necessary, principal, as my Trustee shall deem best until she attains the age of twenty-five (25) years, taking into consideration, however, all other income and resources available to my said daughter for such purposes from all sources known to the Trustee. (B) When my said daughter, JACQUELYN ANN AUST, attains the age of twenty-five (25) years, my Trustee shall pay over, transfer, convey and distribute to my said daughter one-half of the value of the then remaining principal of the Trust discharged of the Trust. When my said daughter attains the age of thirty (30) years, my Trustee shall pay over, transfer, convey and distribute to my said daughter the remaining balance of the principal of the Trust, discharged of the Trust, at which time the Trust shall terminate. (C) When my said daughter, JACQUELYN ANN AUST, shall attain the age of twenty-five (25) years, and until complete distribution of the Trust, my Trustee shall pay to my said daughter all of the income from the Trust in monthly installments payable on or before the last day of each month. If, in the Trustee's judgement, less frequent installments will prove more practicable to the Trust and more beneficial to my daughter, then my Trustee may pay such installments not less than quarter-annually. In addition ,my Trustee shall be fully authorized and shall have sole discretion to pay to my daughter, or to · expend directly for her benefit, so much of the principal of the Trust as my ~ Trustee shall deem necessary or desirable from time to time for my daughter's ~ support, health and medical care, education and maintenance in reasonable comfort, taking into consideration all other income and other resources available to her for such purposes from all sources known to my Trustee. \." ~ (D) In the event of the death of my daughter, JACQUELYN ANN AUST, ... ~ prior to complete distribution of the Trust, then upon her death the remaining J Trust principal and income shall be held in further Trust in equal share for her then living issue, per stirpes, as hereinafter provided. If upon my daughter's .. death, she has no then living issue, the Trustee shall distribute the remaining Trust principal and income discharged of the Trust to DEBORAH LYNN BRUNT (formerly DEBORAH LYNN AUST), 9 Hilltop Circle, Carlisle, Pennsylvania, 17013. If DEBORAH LYNN BRUNT shall also then be deceased, the Trustee shall distribute the remaining Trust principal and income discharged of the Trust to Alida Merino Hodgson. (E) Should my said daughter, JACQUELYN ANN AUST, die prior to complete distribution of the Trust, the beneficial interest in the remainder of the Trust shall vest in her then living issue as hereinbefore provided, but shall be retained by my Trustee which shall expend upon minor beneficiaries for their 3 medical care, support, welfare and education, or for such other purposes for their benefit as the Trustee, in its sole discretion, from time to time shall consider desirable, so much of the income and principal of their respective shares or portions thereof, as the Trustee deems best, and shall accumulate any income not so expended and add such income to the principal of their respective shares or portions thereof until such minor beneficiary in turn shall attain the age of twenty-one (21), at which time the principal and accumulated income of each beneficiary's share or portion thereof shall be paid over, transferred, conveyed and distributed to each of them discharged of the Trust. (F) No beneficial interest under any of the Trusts formed and held hereunder, whether in income or principal, shall be subject to anticipation, assignment, attachment, garnishment, pledge, sale or transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber or charge such interest, nor shall such interest while in the possession of the Trustee be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary. ITEM FNE: In the event that my daughter, JACQUELYN ANN AUST, has attained the age of thirty (30) years at the time of my death, I devise and bequeath the rest, residue and remainder of my estate to my said daughter, disregarding ITEM FOUR set forth above. If my daughter predeceases me, then I devise and bequeath the rest, residue and remainder of my estate to her then living issue under the terms of the Trust set forth in ITEM FOUR above, substituting my daughter's then living issue as the beneficiaries thereunder. If my daughter predeceases me and has no issue living at the time of my death, then I devise and bequeath the rest, residue and remainder of my estate to DEBORAH LYNN BRUNT. If DEBORAH LYNN BRUNT also predeceases me then I ~'\ devise and bequeath the rest, residue and remainder of my estate to Alida Merino Hodgson. ~" ITEM SIX: I appoint ORRSTOWN BANK of Carlisle, Pennsylvania as Trustee of the ~ Trust created in ITEM FOUR hereof. ~ ITEM SEVEN: I appoint my former wife, DEBORAH LYNN BRUNT, as Executrix ~ of this, my Last Will and Testament. ITEM EIGHT: I direct that my Trustee and Executrix, as well as their successors, shall not be required to post bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose of identification, this 23rd day of April ,2003. _Wti, ~ r (SEAL) Robert A. Aust . 4 Signed, sealed, published and declared by the above named testator, Robert A. Aust, Jr. as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed ou names as witnesses. ADDRESS 91h~t~)O OR*- (l~4J!L %/7()/3 2-f~( {j./2~f"J:)rt'Ve --10 V Er, A /73/~ , 5 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND /J / . We,~oberl A. Aust , Jr. ~Et'iJeI}ff L. 6ev,vT and ~ (Cz)AJ€. A-~)( 10 Y--A The testator and the witnesses, 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 of his Last Will and Testament and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing the testator, signed the Will as witnesses, and that to the best oftheir knowledge, the testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this 23rd day of April, 2003. ~/+~ Olivia A Notarial Seal 1 u..CarIJ.1e B~~~ Public I -., CommlIsfon &pires Mar. County MIln6ir. PenriiYiViiii . 7, 200S I ~~NoIarI8S