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Home My WebLink About02-23-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number ~ j Estate of Eugene J. Aufiero also known as ~- Social Security Number 130-16-3547 Deceased who is/are 18 years of age or older, apply(ies) for: Petitioner(s), (COMPLETE 'A' or 'B' BELOW:) named in the ^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executrix Se tember 4, 1996 and codicil(s) dated June 18, 2004 last Will of the Decedent dated P ----- (State relevant circumstances, e.g., renunciation, death of executor, etc.) was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered Except as follows, Decedent did not marry, none for probate, was not the victim of a killing and was never adjudicated an incapacitated person: 1 a Dcable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durante ntinoritate) ^ B. Grant of Letters of Administration (f pp Petitioner(s) after a proper search has /have ascertain dttSectD ncA above and complete 1'st of heirs.) by the followin~pouse (if an~nd heirs:' (Ir' t=a Administration, c.t.a. or d.b.n.c.t.a., enter date of Wi ~. ._ t'*7 y, t ~:_: >it" . ='~ ~ ut~ ~. rn -a _ cn p (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ Cumberland County, Pennsylvania with his /her last principal residence at~~.--- , Decedent was domiciled at death in 426 $lacklatch Lane Cam .Hill Lower Allen Tow.nshi Cumberland Count ,PA 17011 ~~ (List street address, townlciry~, township, county, state, zip code) February 8, 2010 at 426 Blacklatch Lane, Camp Hill, Cumberland County, PA Decedent, then 84 _ years of age, died on Decedent at death owned property with estimated values as follows: $ 210,000.00 (lf domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania. $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania 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: , .-. __._.,.a ....,,,o end residence n -Joan D. Aufiero, 426 Blacklatch Lane, Camp Hill, PA 1701 I Form RW-02 rev. /0.!3.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 be]ief of Petitioner(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 before me the ~ day of by For the Register Persaia! Represei:tati ve Signature of Persa:a! Representative Signature of Persona! Representative File Number: 2 ~-~Q -~ 17~ Estate of Eugene J. Aufiero Deceased Social Security Number: 130-16-3547 Date of Death: February 8 2010 AND NOW, _.~,2'~ having been presented before me, I DECREED that Letter~amentaryideration of the foregoing Petition, satisfactory proof are hereby granted to Joan D. Aufiero and that the instrument(s) dated September 4, 1996 and June 18, 2004 in the above estate described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. i __ FEES Letters ............... $ ~Jjd,GO Short Certificate(s) ........ $_ Renunciation(s) ... $ IS.oo ~ ~ ... $_ S_ CJO CGS ... $ Z3 ~O i~rna-hn~l ... $ S. o ~ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ ~`U Forne RW-02 rev. 10.13.06 Attorney Signature: Attorney Name: Richard L. Placey `~ Supreme Court I.D. No.: 7232 Address: 3621 North Front Street Harrisburg, PA 17110-1533 Telephone: (717)236-9577 Page 2 of 2 ]05,30~ RF.V 10110;1 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 15935445 Certification Number This is to certify that the information here given is correct y copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital ]Zecords Office for permanent filing. ~~,»~~ ~,,, FED 1 1~1ot0 Local 1egistrar Date Issued N O .i _ m N r=~-~ r~=1 ~`x r ~' a Fdv 1,RDOd COMMONYYEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS ~ / vwnr w CERTIFICATE OF DEATH (S!0 inshuctlons end e7cempNs on rsveree) a~sTC rn c w nsaeo ,. Noma d Denand (FYeC mdde, Beet mdBet 2. Se, 9.9ada eaa«tq Nurtm 1. Dw a Dean (ldonr, dry'. yam) Eu one J. Aufiero Male 130 - 16 - 3547 F@bruar 8 2010 S Ap (Wt BYtlaYy) UMm 1 UMm 1 8. Deb d B41r 7. end etme a Be. Prn a Deer ar Marr Drys Nan Nadw Fbp9a: OoNr. 84 ya. July 24, 1925 Glen Cove , LI, NY ^ inpetlaa ^ sa roupe8rd ^ ow ^ Home ®naramre ^ Derr. spaay: sti coup a D.er x. as BOro, Tap d Dedh ed FedBy Herr (M M eeWeBm, do dDrl end reeroer) e. Wr DenderA a eapmdo agbz ®No yr 10. Rea: dmmberi barn, Brck a+Nr, eb Cumberland Lower Allen Twp. 426 Blacklatch Lane . (~ ~ ~; ' ( ,,, , ~) white 11. Deoedrfe LMrY drerkdon nsad r• Do Melt 12 Wr Oecedml bw b tlr 18. Oendm-a EdoYon (S,,t«tY ~1' ~ V•d• nni~dl U. YrW SWe Mmd•41Wer ,5. Sun~hMY 3Vaee (M wda. phe maNr nnr) lOM a Wak (and a BueerrllMrey U.s. Anrrd Facri / Seoardery (a12) CoNpe (1.4 a b+) ~OMad' 01Y01pd Isp•a'YJ Professional En iaee En neerin ®r« ^ No 12 4 Married Joan D. Kane 'e.°r.a"~r,"rr'°~e°"'tsa.a'`xy/".'''re'a~°°d°) 426 Blacklatch Lane kaww„z..yr, Pennsylvania u~~.r°i;°"' ,r~.$]vr,oerd«xuraelr Lower Allen T "~ Camp Hill PA 17011 Tarwdpz ,n.ca.+r Cumberland na.^ awawpnb , dnatrdd Cnylsoro 18. Ferefe Name (FMat ndddla. rot m141 19. NoOrla Nrr (~ nddda, mWMi eunrr) Nicholas Aufiero Margaret Annunziata Zoe. bbmwde Nen>t [tYP• / ~) 7.ab. edanrnYa -wYio Mdnr (sort dly / ben atw, fi mtle) Joan D. Aufiero 426 Blacklatch Lane, Ca Hil , PA 17011 2te. WlydddepoeYlon r ®Crmrrtlsn ^Darreon 21h. 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Name end MhwdPanan Ww cenrderd Gra a De.n zvl Type r vred rL 'e e t ~. nd 8 k~r£,~ Ri ~ ~, ~?4T1rS H- ,rJ r e ~ ~,~,1 'i ~ i I I 9 2 ~i~ e 2 ~ 0 ~~ 1 A L C lYn ~ aepnrear Pmmp Na. 0~5 34~ t~ '~ FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF EUGENE J. AUFIERO I, EUGENE J. AUFIERO, now of Camp Hill, Cumberland County, do hereby make, publish and declare this to be the First Codicil to my Last Will N 0 -~ m i N . W Hama, ~ 3 y ~ .~ dated September 4, 1996. r ITEM I. Item XI of my said Last Will and Testament is deleted in its entirety and, in lieu thereof, the following is inserted: "ITEM XI. I appoint my wife, JOAN D. AUFIERO, Executrix of this my Last Will and Testament. Should she fail to qualify or cease to act in such capacity, I then appoint my sons, PETER N. AUFIERO and DAVID E. AUFIERO, Contingent Co- Executors, or the survivor Contingent Executor, of this my Last Will and Testament. No bond shall be required by my personal representative(s) in any jurisdiction." ITEM II. In all other respects, I hereby confirm and republish my Last Will and Testament dated September 4, 1996. IN WITNESS WHEREOF, I hereby set my hand to this First Codicil to my Last Will and Testament dated September 4, 1996, on this ~ day of ~~ , 2004, at Harrisburg, Pennsylvania. :s-~ ,=~ ''-s ~~~: <_..~ ., _.; ~ _. _,_~ ~-rt r,~::~ c~ ,_ "T1 _ s r, a ~ ~~~ -~ The preceding instrument, consisting of this typewritten page and an acknowledgment page, identified by the signature of the testator, was on the day and date thereof signed, published and declared by Eugene J. Aufiero, the testator therein named, as and for his First Codicil to his Last Will and Testament, in t resence of us, who, at his request, in his presence arnd in the presence of each other, su b d o es as witnesses hereto. ~ ~~ __ __ _ _ _ , 4 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF I, EUGENE J. AUFIERO, 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 First Codicil to my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for a purposes therein expressed. /i /~ C~ ~i Svyorn or affi to and acknowledged before me, by Eugene J. Auf:e~u, -- testator, this ~ day of , 2004. - , NOTARIAL SEAL - M Commission E HOLLY S, KIRK, Notary Public Y 1~uehanna Twp., Dauphin County My Commission Expires Feb. 16, 2007 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF We, ~C iC,~'1Qi01. L. - I ~C'cGQ~-1 C(n ..XJCc-'~~G~.~ u~',l~~~tnesses 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 sign and execute the instrument as his First Codicil to his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the est ~o-u~r ,knowledge the testator was at that time 18 or more years of age, of sound mini-arid(~~~c~.~t or undue influence. ~°/~~u~ Sworn to and subscribed before me this ~0~ day of _, 2004. TARIAL SEAL of • KIRK, Notary Public ~uus ue anna Twp., Dauphin County My Commission Expires Feb. 15, 2007 My Commission Expires: LAST WILL AND TESTAMENT ~ N _ _~ o ~'~ '~1 ;, r::« :~`~ ','z? `CJ FT3 ~ ~ J "c~:~r ~ L/~ W _:~ .:3 EUGENE J. AUFIERO `-' ~ ~ c~ ~;-' ~=~? (~~~ ~ _i'l ~„ a ~3-7 ~..Y> '~7 I, EUGENE J. AUFIERO, now of Camp Hill, Cumberland County, Pennsylvania,r- ~`/~ `~ do hereby declare this to be my Last Will and Testament and revoke all prior Wills and Codicils made by me. ITEM I. DEBTS AND EXPENSES: I direct that all of my just and currently due debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid from my estate as soon as practical after my decease as a part of the administrative expenses of my estate. ITEM II. PERSONAL ITEMS: I bequeath my automobiles, household and personal effects and any other tangible personalty of like nature, together with amy existing insurance thereon unto my wife, JOAN D. AUFIERO. Should my wife predecease me, I then bequeath such tangible personalty and insurance thereon unto my then living chilldren, in equal shares, to be divided among them as they agree; or, if they cannot agree, as my personal representative determines. ITEM III. MARITAL RESIDENCE: If my wife, JOAN D. AUFIERO, survives me and at my death our usual home is owned by me or by my wife and me, but in a manner which would not result in passage of full title to her by operation of law, I devise my entire interest in said home to her. r ITEM IV. MARITAL BEQUEST: If my wife, JOAN D. AUFfiERO, survives me, I give and devise unto her, without deduction for estate or inheritance taxes, the minimum amount which must be added to the value of all other property in my gross taxable estate for which the marital deduction is allowed in order to give my estate a marital deduction which will reduce the federal estate tax on my estate to the lowest possible amount. Such minimum amount shall be determined after first taking into account all other deductions and credits except: (1) The state death tax credit to the extent that the use thereof would require an increase in the amount of state death taxes paid; and (ii) The credit for tax on prior transfers to the extent that credit arises from transfers to me from individuals who die after me. I recognize that, depending upon the amount of other bequests, the amount of my non-testamentary dispositions, the amount of state death taxes, and other factors, the marital gift may be nonexistent, ar may amount to the entire balance of my testamentary estate so that my residuary trust is nonexistent. Nu property not qualified for the marital deduction shall be allocated to this marital gift. ITEM V. SIMULTANEOUS DEATH: If my wife and I should die under circumstances which render the order of our deaths uncertain, for all purposes of this Will except for the purposes of Item II hereof, it shall be conclusively presumed that my wife survived me. ITEM VI. RESIDUARY TRUST: If my wife survives me, I give and devise the balance of my residuary estate to my wife, JOAN D. AUFIERO, and my son, DAVID E. AUFIERO (hereinafter collectively referred to as "Trustee"), to administer and to distribute as follows: 2 A. Trustee shall pay the net income thereof to. or for the benefit of my wife, JOAN D. AUFIERO, for and during her natural lifetime, no less often than quarterly, as Trustee may determine. B. Trustee shall pay to or for the benefit of my wife, from time to time, such portions of the principal of this Trust as may be necessary for the maintenance and support of my wife, and to meet my wife's medical, dental, hospital and nursing expenses or the expenses of invalidism. In determining whether to make withdrawals under this paragraph of the principal of this residuary trust, Trustee shall consider such other resources as may be available to my wife, including public assistance benefits that any federal, state, county or other governmental agency would provide to my wife in absence of distribution of principal of this trust. My wife shall not participate in any decision affecting the invasion of principal from this residuary trust for her benefit or for the benefit of anyone she is legally obligated to support. All such decisions should be made by the Co-Trustee serving with my wife. There shall be no restrictions as to the use that my wife may make of any distribution hereunder for her benefit. C. Notwithstanding the above provisions of paragraph B hereof, during any calendaz year of this Trust, my wife shall have the unqualified right, at her sole discretion, to demand, in writing, delivered by her to Trustee, that she be paid from the principal of this residuary trust an amount not in excess of the greater of Five Thousand ($5,000.00) Dollazs or five (5%) percent of the aggregate mazket value of the assets of this trust as of January 1 of the calendaz yeaz during which time the demand is made. The right permitted to my wife under this provision must be exercised by her as therein provided on or by December ~l,of the calendar 1 ugene~~ufiero 3 year applicable and any amount to which such right is not so exercised for any given calendar year shall lapse and shall not accumulate or carry over to any future calendar year. D. Upon the death of my wife, the then remaining principal of this residuary trust and any undistributed income thereof shall be paid by the surviving Trustee in such amounts or proportions or in such manner as my wife may appoint by Will containing a specific reference to this power of appointment; however, in the exercise of such power of appointment, my wife shall be limited to appointing the same unto our children or their children, provided that, in no event, shall my wife have the power to appoint the same or any portion of the same for the benefit of her estate, her creditors or in any manner which would vest in her a general power of appointment over such funds or result in such funds or any portion thereof being included in the gross estate of my wife for federal estate tax purposes. Other than this limitation, my wife shall have the full power, at her discretion, to determine the beneficiaries within such class of persons who shall take and in what proportions and in what manner they shall take by virtue of her exercise of this power. ITEM VII. DEATH OF WIFE OR WIFE'S FAILURE TO EI~.ERCISE POWER OF APPOINTMENT: If my wife shall fail, either wholly or in part, to exercise effectively the power of appointment given to her in Item VI hereof, or in the event that my wife shall have predeceased me, the then remaining or unappointed principal of the residuary trust created in Item VI shall be paid by the surviving Trustee to, or in the event of the predecession of my wife, the entire principal of my residuary estate, I give and devise in equal shares, to my children, MARGARET OSTROM, ANNE J. AUFIERO, PETER N. AUFIERO and DAVID E. f ~, ~ ;~ Eug . Aufiero 4 AUFIERO, or their issue, per stirpes. Should any of them die without issue, such child's share shall be paid my surviving children, or their issue, per stirpes. ITEM VIII. GOVERNING LAW: All questions pertaining to the administration of this trust or the construction or validity of these items shall be governed by the laws of the Commonwealth of Pennsylvania. ITEM IX. GUARDIAN OF MINORS' ESTATE: If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my personal representative, as trustee, shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity, without the appointment of any guardian or committee or any authority of court, and shall be entitled to mare direct application hereunder or to make application by payment thereof to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to vwhich such person shall be entitled shall be paid and distributed to such person upon the termination of minority or incapacity. ITEM X. SUCCESSOR TRUSTEE: If any of my children serving as Co- Trustee fails to qualify or ceases to act as such, I then designate my oldest then living child willing and able to serve as successor Co-Trustee. No successor Trustee for my wife, JOAN D. AUFIERO, shall be appointed should she fail to qualify or cease to act, and the other Co-Trustee may act alone. 5 ITEM XI. PERSONAL REPRESENTATIVE: I appoint my wife, JOAN D. AUFIERO, Executrix of this my Last Will and Testament. Should she fail to qualify or cease to act in such capacity, I then appoint my son, PETER N. AUFIERO, Contingent Executor of this my Last Will and Testament. No bond shall be required of my personal representative in any jurisdiction. ITEM XII. POWERS: In addition to the powers given by law to my personal representative(s) and trustee(s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at' any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. 6 D. To hold investments in the name of a nominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries. H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee. I. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my trustee(s) may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then 7 entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may diem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust(s) created herein. L. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of infprmation deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any bene- ficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any fiduciaries. 8 ,~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~" day of ly( , 1996. ~ / The preceding instrument, consisting of this and eigh{ other typewritten pages, identified by the signature of the testator, as on the day and date thereof signed, published and declared by Eugene J. Aufiero, testator , named, as and for his last Will, in the presence of us, who, at his request, in pres and ' the presence of each other, subscribed our names as witnesses hereto ' ~~ ~' ~~ ~ ~ ~ ,mot I,rGU ; f~7~~/ 9 .. .. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN I, EUGENE J. AUFIERO, 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, that I signed it willingly, aid tha~igned it as my free and voluntary act for the purposes therein expressed. / I Sworn or affirmed to and acknowledged before me, by Eugene J. testator, this ~/ ~~ day of ,~,cp ~i m ~1c r , 1996. ~. Notary Public My Commissi o ARIAL SEAL HOLLY S. KIRK, Notary Public AFFIDAVIT Harrisburg Dauphin County COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF DAUPHIN : My Commission Expires Feb. 15,1999 We, !'G ~ ~'1 Q ~ C~ ~- _ ~-Q Q rl C~ ~ n d a. ~ _ ti the witnesses whose names are signed to the attached or oregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our kn /~ed e ~~ was at that time 18 or more years of age, of sound mind and unde>yno cot#ain~6~tindue~uence_ ~. Sworn to and subscribed before me this L/ ~ day of - rn btr , 1996. ~~ otary Public __.._. My Comm sio NOTARIA4 t~~~blic Harrisburg, Dauphin County MY Commission Fxpi~esfeb.15,1999