HomeMy WebLinkAbout04-10-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/arc 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: Joseph M.Sauper File No: OLI-15 -C)Llt)o
a/k/a: Joseph Sauper (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: March 15,2015 Age at death: 89
Decedent was domiciled at death in_Cumberland County, Pennsylvania -(crate)with his/her last
principal residence at 21 Roosevelt Street,Enola,PA 17025 Enola Cumberland
Street address,Post Offlee and Zip Code City,Township or Borough County
Decedent died at 540 Mullica Hill Road,Glassboro,NJ 08028 Glassboro Glouster NJ
Street address,Post Office and Zip Code City,Township or Borough county State
Estimate of value of decedent's property at death:
If domiciled In Pennsylvania............................ All personal property S 398,7000
If not domiciled In Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $ 55,000.00
TOTAL ESTIMATED VALUE.... $ 453,704.00
Real estate in Pennsylvania situated at: 21 Roosevelt Street,Enola,PA 17025 Enoija Cumberland
(Attach additional sheets,if necessary.) Street address,Post Office and 71p Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)avcr(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated Au_qust 24,290
.5 andZ&icil(s)
thereto dated None, 1""
c->.,
State relevant circumstances(e.g.renunciation,death of executor.em) CD,
=0
Except as follows:after the execution of the instrumcnt(s)offered for probate Decedent did not many,was not divorc
a t pty".nd.Jrn
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did b a ctM3)born1'
o_r (=7
adopted:and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C> C:>
NO EXCEPTIONS E]EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (if applicable)
at.a..db.n.,dhn.c.ta.,pendente lite.duranre-Avenha.durantEj!�no'+Y C>
If Administration,c.t.a.or dbxx.ta.,enter date of Will In Section A above and complete list of heirs.c->
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.
ONO EXCEPTIONS [-]EXCEPTIONS
Petitioner(s),aftera proper search has/have ascertained that Decedent left no Will and was survived bythe following spouse(ifany)and heirs(attach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev.11111112011 Page I of 2
Oath of Personal Representative Official use only
COMMONWEALTH OF PENNSYLVANIA I
} SS:
COUNTY OF Cumberland l
Petitioncr(s)Printed Name Petitioner(&)Printed Address
Metro Sauper,Jr. 40 E. Holly Avenue,Sewell, NJ 08080
The Petitioner(s)above-named swear(s)or affirm(s)the statements in th fo i g Petit' are true and correct to the best of the knowledge and belief
of Petitioners)and that,as Personal Representative(s)of the Deced t inner will well and truly administer the estate accordi g to I .
Sworn to or affirmed and subscribed before Date
IDA �6 /S
me this 1®m day ofPch i5 Date
By: { t'AAA I I Date
For the Register I Date
BOND Required:❑YES (ONO To the Register of Wills:
FEES: ii Please enter my appearance by my signature below:
Letters.. ...... .......... . .. . $ 1 Q Attorney Signature: _
( ad)Short Certificate(s)...... 100
( ) Renunciation(s)... .. ... . r1i
( )Codicil(s). ... . .. .. .... G�
{ )Affidavit(s)... ... .. . ... ► )
Bond.... .... . ......... ...... Printed Name: Robert C. Pfeilsticker,J? D• t" i-- I IN
Commission. . ........ ... ... .. Supreme Court
Other k/1tr1 ...... is ID Number: 29007 , C
n✓2✓�t2�trt�.. ...... 1 c5 G 7 C) `F1
Yl V) .!1 N)c0'-) 1,!!5 Firm Name: Attorney at Law r--
..... Address: P.O.Box 1321 ::morrn
-
. . . ..... _Newtown, PA 18940
> ;
Phone: 215-757-1230
Automation Fee. ... . .. ........ Fax: 215-757-6678
JCS Fee. .. ... ....... ... ..... 3S,`o Email: bob�a?_pfeilsticker.com
TOTAL. ... ....... .. ........ $t5-
DECREE OF THE REGISTER ��11 /�� � ,,��..����
Estate of Joseph M.Sauper File No: a�1 � 5 —y`��
a/k/a: Joseph Sauper
AND NOW, ' ,0Q5_,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testimentary
are hereby granted to Metro Sauper,Jr.
in the above estate and(if applicable)that
the instrument(s)dated August 24,2005
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
&ter ofills
1p
gr , ^�
V l U
Farm RW-02 rev_10/1112011 Page 2 of 2
LAST WILL AND TESTAMENE C O R D E D OFFICE OF
(Pour-Over Will) REGISTER OF WILLS
OF
JOSEPH SAUPER 7015 PPR 10 PM 12 93
IDENTITY CLERK O F'
ORPHANS' COURT
I, JOSEPH SAUPER, residing in the County of CumberlaR,169Q6hwl eglth of 1?ehnsylvania,
being of sound mind and memory, and not acting under duress or undue influence of any person
whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other
former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 167-24-7975.
DEBTS,TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate,inheritance,transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE JOSEPH SAUPER REVOCABLE
LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable Trust assets
should be insufficient for these purposes,my Executor shall pay any unpaid items from the residue of my
Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my
Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or
part of these items,plus claims,pecuniary legacies, and family allowances by court order.
•
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions of the section titled"Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will,to the Trustee under that certain Trust executed by me on the same date of
the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust,including any amendments thereto made before my death.
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under the Trust, as
. Trustee, and to their substitutes and successors under the Trust, described herein above, to be held,
POUR-OVER WILL
Page 1
Testator
managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning with the date of my death as are constituted in the Trust as at present constituted
giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such
Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint Metro Sauper, Jr. to serve without bond as my Independent
Executor of this my Last Will and Testament.
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event,I hereby nominate and appoint Joan Sauper
to serve without bond as my Independent Executor.
Whenever the word "Executor"or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
• powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income, assign,borrow,buy,care for,collect,compromise claims,contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to,take possession of,pledge,receive,release,repair, sell, sue for,make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will,without being limited in any way by the specific grants
or power made,and without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions.
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Page 2
Testator
• CONTESTS AND SPECIFIC OMISSIONS
If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or
indirectly:
1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or
invalidate any of its provisions;
2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or
seeks to impair or invalidate any of its provisions;
3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its
provisions or that Testator's/Testatrix's Will or any of its provisions is void;
4. claims entitlement by way of any written or oral contract to any portion of the
Testator's/Testatrix's estate,whether in probate or under this instrument;
5. unsuccessfully challenges the appointment of any person named as Executor or successor
Executor of the Testator's/Testatrix's Will;
6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor
of the Testator's/Testatrix's Will;
7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or
is proposed in good faith by the Executor;
8. unsuccessfully seeks the removal of any person acting as the Executor of the
Testator's/Testatrix's Will;
9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether
the claim arose before or after the date of this instrument,but excepting claims for cash advanced
• or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant;
10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on
Testator's/Testatrix's life;
11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other
form of qualified or non-qualified asset or deferred compensation account, agreement or
arrangement;
12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during
Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which
Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime,whether before or
after the date of this instrument;
13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets(whether
to a relative of Testator's/Testatrix's or otherwise); or
14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense
against any of the foregoing acts or proceedings,
then that person's right to take any interest given to him or her by this trust shall be determined as it would
have been determined if the person had predeceased the execution of this will instrument without issue
surviving.
The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit
under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall
be deemed severable from the remainder of this provision and shall in no way affect,impair or invalidate
any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth,
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Testator
such provision shall be deemed to exist to the extent of the scope or breadth permitted by law.
• SIMULTANEOUS DEATH
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
JOSS—AIIIIER
Test or
This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause,
signature of Witnesses, and acknowledgment of officer. I have signed my name at the bot4i of each of
the prece g pages. This_instrument is being signed by me on this ✓r5"2 day of
•
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Page 4
ATTESTATION CLAUSE
• The Testator whose name appears above declared to us, the undersigned, that the foregoing
instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such
instrument and to his/her signature thereon. The Testator thereupon signed such instrument in our
presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our
own handwriting in the presence of the Testator. The undersigned hereby declare,in the presence of each
of us,that we believe the Testator to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testator.
WITNESSES: ADDRESSES:
E&M-- /0,/+ 7,02S--2708"
nted Name of Witness) City, State,Zip
ea-e-
(24kol- �z
(Printed Name of Witness) City, State,Zip
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Page 5
estator
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
B O�RE ME, the undersigned authority, on this dad' personally ppeared JOSEPH SAUPER,
y✓r7 and k,G'�.�/;�'i,%��� , known to me
to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing
instrument in their respective capacities, and all of them being by me duly sworn, JOSEPH SALTER,
Testator, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that
he or she had willingly made and executed it as his/her free act and deed for the purposes therein
expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the
Testator,that the Testator had declared to them that the instrument is his Will and that he or she executed
the same as such and wanted each of them to sign it as a witness; and upon their oaths,each witness stated
further that he or she did the same as a witness in the presence of the Testator, and at his request and that
he or she was at that time eighteen (18)years of age or over and was of sound mind, and that each of the
witnesses was then at least fourteen(14)years of age.
JOSEV41 SA ER
estator,
ess
I<FP,( L
�5
ed Name of Witness)
�ess
(Printed Name of Witness)
SUBSCRIBED AND ACKNOWLEDGEP before roe by JOSEPH SAUPER, Testator, and
subscribed and sworn to before me by and
witnesses, this the l day of
No ublic, Commonwealth of Pennsylvania
c vvEAL s v
NOTARIAL SPAL
TODD B.CARRY.Mabry Pubtle
Newtown @Oro..Bucks County
MY CommissW Wires Mey 3. 2008
POUR-OVER WILL
Page 6