HomeMy WebLinkAbout07-21-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of August W. Saporito
also known as
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
COUNTY, PENNSYLVANIA
File Number ~ ~ r I O ~ V~
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Social Security Number 151-12$800
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executrix named in the
t~~r w;tt of }},P nPf`Pl1P.nY rl.1}p({ October 4, 2008 and codicil(s) dated n/a r-+ O
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ' 3~ ~ {~
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Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: n/a
B. Grant of Letters of Administration
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(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durance absentia; durance 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 if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
Claremont Nursins; and Rehabilitation Center 1000 Claremont Road Middlesex Township Cumberland Countv, Pennsylvania, 17015
(List street address, town city, township, county, state, zip code)
Decedent, then 85 years of age, died on May 19, 2010 at Middlesex Township, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 10,000.00
(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:
or printed name and residence
Karen L. Saporito, 7 Carter Place, Carlisle, PA 17013
Form RW-02 rev. /0.13.06 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 belief 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 ~~f day of
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For a Register
Signature of Personal Representative
Signature of Personal Representative
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File Number: ' -o ~ `= ~y
Estate of August W. Saporito , DeG~ " -'-
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Social Security Number: 151-12-1800 Date of Death:05/19/2010 ' ~ ~ `' =-' -'
AND NOW, ~ Vf ~~ 1 , ~~ 1O , in consideration of the foregoing ~tition, satig~tory' p~
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having been presented before me, IT IS ECREED that Letters Testamentary
are hereby granted to Karen L. Saporito
in the above estate
and that the instrument(s) dated October 4, 2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
45.00
Letters ............... $
Short Certificate(s) ........ $ 20.00
Renunciation(s) .......... $
Automation Fee
JCP Fee
1111 i II
$ 5.00
. , . $ 23.50
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ~ , -930
Attorney Signa_tur/e:
Attorney Narrfe~
Supreme Court I.D.
Address:
Telephone:
Register of W'
ITT n C. f
8
10 West High Street
Carlisle, PA 17013-2922
717-241-4436
Form RW-02 rev. 10.13.06 Page 2 of 2
105.905 REV.(3/09) r - ~' _ I ~ O /
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in actor ante with
the Vital Statistics Law of 1953, as amended.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Linda A. Caniglia
State Registrar
5592922
No.
H105-163 REV 11/ZOW
TYPE /PRINT IN
PERMANENT
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JUN ~ 3 2010
Date
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instruMlons and examples an reverse) STATE EILE NUMBER
1. Name of DacedMl (First, middle, last, sulnx) 2. Sex 3. socbl Security Number 4. Dab d Daam (MOnm, tlay, yea?
M 151 - 12 - 8800 May 19, 2010
Au st w. Sa rito
5. Age (la& &mMay) UMer 1 ae UrMer 1 da 8. Date d Birth (MMb, de ,year) 7. Bidhplece (City end sbb ar foreign wuntry) Be. Place al Death (Check and one)
OIMr:
~ ~a ~~ Hire ~~ HoaPnal:
6/26/1924 Orange, NJ ^Inpatienl ^ER/Outpatient ^DOA ~6lurang HOmo ^R~sidence ^Oltwr Specify:
Yre
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gb. Courtly of Death Bc. Ciry, Bom, Twp. of Death Btl. Facility Neme (tl not instiNtbn, give Mre91 entl nlmMr) 9. Was Decetlem of Hispbnb Origin? ®Na ^Ves 10. Race: Ambnren Intlien, Bock, WNte, alt.
(n yea. speciy cubbn, lsvadM
Qanberland Middlesex 'llap. largnont Nursing & Rehab. Cntr. Mexkan, Puedo Rican. e«.I V7hite
71. OareMnt's lhual Oa non Kind of wok dare dud moat of wo ea. Oo nW bleb retired 12. Was Decewm ever in the 13. Decedent's Education (sPecnY only Ngheat grade completetl) td. Memel SIaWS'. Merced, Never Marrletl. 15. Survrvkg Spouse (If wne, give maiden name)
Widowed, Diwrcetl (Specfy
Kbd of Work KiM of Business / IMUSIry U.S. Armed Forces? Elementary / SecorMery (0.12) College (1-4 or St)
3 Married Song Hui Yu
Staff Sergeant US Army ®Yba ^Na
18. Decetlanl's Mallhg Mdreas (SIreM, tlly l town. abaB, 2~ cede) Decedents PA of B iD~edMl 17c ^ Vn, Decetlenl Lived m Twp.
Actual Resdence 17a. sofa
701 Avenue of The States Township?
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Delaware ,7a.~~
Chester, PA 19013 l
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1B. Fatlrr'6 Neme jFirsl, midtlb, last, suffix) 79. MdMr's Name (Rrei mitlde, meitlen sumamel
Jennie Bozzelli
Anthon Sa rito
206. Imormanlb Name (Type / Pnnq 20b. Inhxmerns MOiGng Address (sheet, dry /town, data, by code)
777 Hamilton Court, Carlisle, PA 17013
Karen L. Saporito
21 e. Memod of Dispwitlon ~ ~Crem4ion ^ Donation 21 D. Date of Dispoaaan (Monty, day, year) 21a Place of Dlaposilbn (Neme m cenwbry, crerrWOry or olner place) 27tl. LoceOan lCily I town, able, zip rotla)
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FD 012633 L Ek~in Brothers Ftiuleral Hdsne Inc., Carlisle, PA 17013
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Caminela llama 236c onry wMn c6AINn9 23a. Ta the beat of my krowbtlge, tied et ma time, tlele entl Plea stated. (Signabre entl title) 23b. License Number 23c. Date Signed (Month, day, year)
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Time of Death 28. Oete Pronauncatl Dead (Manlh
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CAUSE OF DEATH (See Inetruetlone entl exempt r Approdmele interval:
Pad I: Eller the c k+~ bu=lls - diseases, Njudes, ar conglbatlons- (het diredFy tweed Ma tlaem. 00 NOT enter termirel events such as car6ac arrest, Ormel b D~th
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300. Was an AubPSY 306. Were AWapsy Fintlings 31. Manner W beam 32a. Dale of Injury (Mont, tlay, Yearj 32b. Oescrbe How Injury Occurted 320. Pbce d Injury: Homo, Farm, ShsN, Factory,
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LAST WILL AND TESTAMENT
OF
AUGUST WILLIAM SAPORITO
Dated: October 4, 2008
Prepared by:
MAJ R. Seth Williams
153`d Legal Support Organization
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MILITARY TESTAMENTARY PREAMBLE: This is a MILITARY TESTAMENTARY
INSTRUMENT prepared pursuant to Title 10 United States Code, Section 1044d, and executed
by a person authorized to receive legal assistance from the military services. Federal law
exempts this document from any requirement of form, formality, or recording that is prescribed
for testamentary instruments under the laws of a state, the District of Columbia, or a territory,
commonwealth or possession of the United States. Federal law specifies that this document shall
be given the same legal effect as a testamentary instrument prepared and executed in accordance
with the laws of the jurisdiction in which it is presented for probate. It shall remain valid unless
and until the Testator revokes it.
LAST WILL AND TESTAMENT
OF
AUGUST WILLIAM SAPORITO
I, August William Saporito, a resident of the Commonwealth of Pennsylvania,
make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils
at any time heretofore made by me. I am retired from the military service of the United States.
FIRST: I direct that the expenses of my last illness and funeral, the expenses of
the administration of my estate, and all estate, inheritance and similar taxes payable with respect
to property included in my estate, whether or not passing under this will, and any interest or
penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
right of reimbursement from any recipient of any such property (including reimbursement under
Section 2207B of the Internal Revenue Code).
SECOND: It is my desire that, upon my death, my body be cremated. I have
entered into a contract, dated with Ewing Brothers Funeral Home whose address is 630 South
Hanover Street Carlisle, Pa and who telephone number is 717-243-2421 for my funeral
arrangements. The costs of these funeral arrangements have been prepaid.
THIRD: I give all tangible personal property owned by me at the time of my
death, including without limitation personal effects, clothing, jewelry, furniture, furnishings,
household goods, automobiles and other vehicles, and all rights that I have under any related
insurance policies, to my wife Song Hui Saporito, if she survives me, or if she does not survive
me, to those of my children (Karen L. Saporito, John A. Saporito, David B. Saporito, Lisa M.
Saporito, Gina K. Vincent and John Albert Yim) who survive me, in substantially equal shares,
to be divided among them as they shall agree, or if they cannot agree, as my Executor shall
determine.
Asa--s
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FOURTH: I give all the rest, residue and remainder of my property and estate,
both real and personal, of whatever kind and wherever located, that I own or to which I shall be
in any manner entitled at the time of my death (collectively referred to as my "residuary estate"),
as follows:
(a) If my wife Song Hui Saporito survives me, to my wife outright.
(b) If my wife does not survive me, then to those of my children who survive me
and to the issue who survive me of those of my children who shall not survive me,
per stirpes.
(c) If my wife does not survive me and there shall be no issue of mine then
living, I give my residuary estate to those who would take from me as if I were
then to die without a will, unmarried and the absolute owner of my residuary
estate, and a resident of the Commonwealth of Pennsylvania.
FIFTH: If any property of my estate vests in absolute ownership in a minor or
incompetent, my Executor, at any time and without court authorization, may: distribute the
whole or any part of such property to the beneficiary; or use the whole or any part for the health,
education, maintenance and support of the beneficiary; or distribute the whole or any part to a
guardian, committee or other legal representative of the beneficiary, or to a custodian for the
beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with
whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed
by the person to whom the distribution is made shall be a full discharge of my Executor from any
liability with respect thereto, even though my Executor may be such person. If such beneficiary
is a minor, my Executor may defer the distribution of the whole or any part of such property until
the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund
for the beneficiary with all of the powers described in Article SEVENTH hereof. If the
beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate
of the beneficiary.
SIXTH: I appoint Karen L. Saporito to be my Executor. If Karen L. Saporito
shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease
to act for any reason as my Executor, I appoint David B. Saporito as my Executor. I direct that
no Executor shall be required to file or furnish any bond, surety or other security in any
jurisdiction.
SEVENTH: I grant to my Executor all powers conferred on executors under the
Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and
all powers conferred upon executors wherever my Executor may act. I also grant to my Executor
power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and
otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money
and encumber or pledge any property to secure loans; to pay any legacy or distribute, divide or
partition property in cash or in kind, or partly in kind, and to allocate different kinds of property,
disproportionate amounts of property and undivided interests in property among any parts, funds
or shares; to determine the fair valuation of property, with or without regard to tax basis; to
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exercise all powers of an absolute owner of property; to compromise and release claims with or
without consideration; and to employ attorneys, accountants and other persons for services or
advice.
My Executor shall have the authority to determine what property shall receive
basis increases pursuant to Section 1022(b) and (c) of the Internal Revenue Code and the amount
of such increases and to make such determinations without regard to any duty of impartiality as
between different beneficiaries. I suggest, but do not direct, that the step-up in basis be allocated
to assets with readily ascertainable fair market value and that the benefit of the step-up in basis
be equitably adjusted among the beneficiaries of my estate.
The term "Executor" wherever used herein shall mean the executors, executor,
executrix or administrator in office from time to time. The term "Executor" wherever used
herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee
shall have the same rights, powers, duties, authority and privileges, whether or not discretionary,
as if originally appointed hereunder.
EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to
predecease me unless such beneficiary survives me by more than thirty days. The terms "child"
and "children" as used in this will include not only the child and children of the person
designated, but also the legally adopted child and children of such person. The term "issue"
includes not only the children and other issue of the person designated, but also the legally
adopted children and issue of such person. The terms "child," "children" and "issue" of the
Testator shall include any stepchild of the Testator.
NINTH: I have served in the Armed Forces of the United States. I therefore
request that my Executor make appropriate inquiries to ascertain whether there are any benefits
to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I
specifically request that my Executor consult with a retired affairs officer at the nearest military
installation, the Department of Veterans Affairs, and the Social Security Administration.
IN WITNESS WHEREOF, I, August William Saporito, sign my name and
publish and declare this instrument as my last will and testament this 4th day of October, 2008.
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August William Saporito
The foregoing instrument was signed, published and declared by August William
Saporito, the above-named Testator, to be his last will and testament in our presence, all being
present at the same time, and we, at his request and in his presence and in the presence of each
other, have subscribed our names as witnesses on the date above written.
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MILITARY TESTAMENTARY INSTRUMENT SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~CS~~~n-n , ss.
We, the Testator and the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
in the presence of the military legal counsel and the witnesses the Testator, August William
Saporito, signed and executed the instrument as his military testamentary instrument, that he had
signed willingly, and that he executed it as his free and voluntary act and deed for the purposes
therein expressed. It is further declared that each of the witnesses, at the request of the Testator,
in the presence and hearing of the Testator, the military legal assistance counsel and each other,
signed the military testamentary instrument as witness, and that to the best of his or her
knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound
mind, and under no constraint, duress, fraud or undue influence.
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Aug t William Saporito
Testator
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Witness
Subscribed, sworn to and acknowledged before me by the said August William
Saporito, Testator, and subscribed and sworn to before me by the above-named witnesses, this
4th day of October, 2008.
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority grantees me by Title 10 U.S.C. 1044a.
Name of Officer and Positi
Grade and Branch of Servi~
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