HomeMy WebLinkAbout05-06-13 �
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND____ . COUNTY, PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older, apply(ies)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: CHARLES_BOYLE______.____ __ • - ' D
_ _ File No: _ �f'1-� Q_ _'�.: --
a/k/a: ___ ___ _- - --- ---- -- - -- _____ (Assigned by Register)
a/k/a: _-----
_-- - -- -----
a/k/a: _ _-__ _ __--- -__ _ ___ __- Social Security No: ___ _____---
Date of Death: 4/1_1_/2013_ Age at death: 81____
Decedent was domiciled at death in CUMBERLAND___ ____ County, PA ___ ____ _______ _ (State) with his/her last
principal res�dence at _1__8 ANDES.DRIVE ____ __ __ ____MECHANICSBURG __ CUMBERLAND
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 18 ANDES D_RIVE__ __ MECHANICSBURG _______ __ _ CUMBERLAND PA
_- - -- ---_ —-- ---
Street address,Post Office and Zip Code City,Township or Borough County State
Es[imate of value of decedent's proper[y at death:
Ijdomiciled in Pennsylvania................................All personal propertY $ _ _ J_�� �
� - _--
Ijnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $
/fnot domiciled in Pennsylvania.............................Personal property in County $
--
Value ojren!estate in Pennsylvania.............................................................. $ l�_
TOTAL ES'I'IMATED VALUE.... $ c.'�SA1�tI�_
ttealestateinPennsylvaniasituatedat: 18.ANDES__D.RIVE__ __ _.__ _ MECHANICSBURG _ CUMBERLAND
(A�tach addrtiona!sheets,ijnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/Yhey is/are the Executor(s)named in the last Will of the Decedent,dated 41�4�ZQQ9_ _ _ and Codicil(s)
thereto dated __ _____ _ _ _ _._ __ _
__ _ _ _.
_- _—--- - - - ___ __
_ ___ _-
State relevant circumstances(e.g.renuncia6on,denth ojexecutor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was r�divorced,was�:qpt a pae'i�t�pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa C.S. §3323(g�an�fid not hau�chil�ol�ibr
adopted;and Decedent was neither[he victim of a killing nor ever adjudicated an incapacitated person. CO -.,-p --, --`'- �
R7 _.._ C. -c= :r'i ;t7
� NO EXCEPTIONS ❑EXCEPTIONS _ _ � � r-- `=`
. _ _ __ _ _ r-_ _ -:�
-
• - __ -
�. � rn c^% . �
� (� �•.J
❑ B. Petition for Gra�t of Letters of Administration(Ifapplicable) _ �- :�: c
� �
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente ltte��FHte ab�tta,d�rbnt�ymrnoritate
s:.>
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and cc�tt'iri�te list o,f�eirsF.: ,.,�,�
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divor�had been estab}jShed S�C�ed
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q �
❑ NO EXCEPTIONS ❑EXCEPTIONS _
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the foflowing spouse(if'any)and heirs(attach
additional sheets, rf necessary):
i __ , - __ __ _
i_ Name . � RelationshiP__ i Address j
_ _i ,
__ _ j _ _ ! _ _
I I I
I i !
I _
Form RW-02 rev f0/!2011 Page 1 Of 2
.
� __ __ _ _ __
Clath of Personal Representative i off��ai us<;o„iy i
COMMONWEALTH i�F PENNSYLVANIA } � �
} SS:
COUNTY OF CUMBERLAND___ _____ }
- --- - - -- -
- � - - _ _ __
Petitioner(s)Vrinted Name Petitioner(sj Printed Address
� _ _ . -_ _ - - -- .
_ _ _ __ -
_ _ _ _
�2210 SPRING RUN DRNE i
�EVELYN I SHAVER _ _ __ _ _MECHANICSBURG__ __ __PA_1705_5__ ____'
I - ---_ . _ ___ - ! -- _ I
I - --- -- - _ __ - -
_- -- __ __ 1
' _ _ -- __ _ _ _____ 1
- ---- -- _ I
C I _-- -- - __ __
___ ___ -- -- -- -!
The Petitioner(s)above-named swear(s)or affirm(s)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,the Petiti will well and truly administer the estate accordir�g to law.
Sworn to ar affirmed an s bscribed before � � ` � n, �� � �3
--- - _se ^
�,o� - a-p� ___ __-.
me th���� �� ��-y'1'`-
__ _ Date __
---
__ ___ ___ _
By: ,�_ _ .
For the Register %�
-- _ Date _ -
� _ -._- --- _ __ - � __ Dat� _ _ _
� . __
-.r �
BOND Re uired: ❑ YES � NO r�rp � � � �
�� C>
9 To the Register oJWills: � � --<_ � �
FEES: �
Please enter my appearance by mytsig�}u�below ,�,; �;�
I i__ _
Letters. . . . .. . . . . . . . . . . . . . . .. . $ �lo•� __ _ - -� � Cz� .;-�_ __
----- Attomey Signature: ; ` '` _,_ �>
- 5
( � )Short Certificates(s) . . . . . __ ___ ,�__'� t-' - _°-' � �
,-� �,
r, . = ':Y
( )Renunciation(s) . . . . . . . . . . _ _ __ � +=.- � � � � --�
( )Codicil(s) �� �� � ��
. . . . . . . . . . . . . . - __ �._ - nty"
�, - �
- - ° - I
_ i _ _�y , --
� �l��1d8Vlt(S). . . . . . . . . . . . . -._ .— - -. i :� ...�. E71 C3
Bond . . . . . . .. . . . . . . . . . . . . . .. . _ Printed Name: R. MARK TH_OMAS,ESQI`H�IE �1
__ _ , __ _ _ '
Commission . . . . . . . . . . . . . . . . . . . . �i Supreme Court
Other. ID Number: 41301
�-4�� I�11.►�4 c�l,_ t�. .�,�'� 1 b (�U � _ _ i
� • Firm Name: R. MAR___K THOMAS_ATTOR__I�iEY AT LAW
�. . . . _
-- -
/���1' I Address: 101 SOUTH_MARKET STREE T '
,� . . . . . . . . �S�(� -
__ __ . . . . . . . . _ _ _ _ �
-- -- _ _ - _ __
MECHANIC$BURG__ PA _17055 '
__ _ . . . . . . . _ I _
. __ _ . . . . . . . . _ _ . I Phone: 717-79_6_-210Q _ _ _ _ _
- - ��� E ail: RMARKTHOMAS@GMAILCnM
Automation Fee .. . . . . . . . . . . . . . . . - il
JCS Fee . .. . . . . . . . . .. . . . . . .. . . . --_��.�s`?� I _
� � __ _
TOTAL . .. . . . . . . . . . . . . . . . .. . .$ �3 S(� _ _ _
- - ` _ --
DECREE OF THE REGISTER
Estate of CHARLES BOYLE _ _ __ ' �' /' ) '�
___ _ _ __ _ _ _ __ _ File No: �` 1.] " Cil�«G,�
a/k/a: _ _
AND NOW, �D�� _�_ , �t� _ _
-- - , in consi ration of the foregoir.g Petition,
satisfactory proof having been pre nted befor me,IT IS DECREED that Letters �'
� " _ �� _
- - are hereby granted to __
_ _
- - in the above estate and(if appl;cable)that
the instrument s dated
( ) �{►� __��{'r e� _ _
-
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Deceqent.
�.�-�(a'' t�l,ti. _ � _ . l ��.�:�!'G!� _ ��
Reg�ster of Wills ������ ��,�'V >�}. , d-
l���rm!ZW-02 rev 10 I1 20I! �� � � �(.,� .
P 2 of 2
• ' r �
LAST WILL AND TESTAMENT
BE IT REMEMBERED THAT
I, CHAFLL,ES BOYLE, a resident of Cumberland County, Pennsylvania,being of sound and
disposing mind„ memory and understanding do make, publish and declare this to be my LAST
WILL and TES�AMENT, hereby revoking any and all Wills and Codicils previously made by me.
I
I declare that my loving wife, EVELYN I. BOYLE, has predeceased me, and that I have
three (3) childr��n, namely LINDA D. ROBERTSON, CHARLES R. BOYLE, and E`JELYN I.
SHAVER. All references in this Will to my children include the above�amed children.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable a$er my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever nature
and by whatever jurisdiction imposed, shall be paid from my residuary estate as a p:�rt of the
expense ofthe administration ofmy estate.
N
I give, devise and bequeath my real property located at 18 Andes Drive, Mechanicsburg,
Pennsylvania, includingthe contents thereof, to my daughter, EVELYN l�j�AVER�er�.
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V
All the rest, residue, and remainder of my property, whether real or personal, wherever
situate, I hereby give, devise and bequeath to my children, LINDA D. ROBERTSON, CHARLES
R. BOYLE, and EVELYN L SHAVER, in equal shares,per stirpes.
VI
In the event that any of my children should predecease me or fail to survive m� by thirty
(30) days, and any of my grandchildren inherit property pursuant to this will, then if such
grandchild is under the age of eighteen (18) the property passing to that grandchild sh�ll pass in
trust accon-iing to the te�rns of the hereinafter included Tnzst.
VII
TRUST
If any of my grandchildren inherit property pursuant to the terms of this LAST �]VILL and
TESTAMENT a�d are under the age of eighteen(18), then their share of my estate is to be placed
in Trust and I ;�ppoint my children, LINDA D. ROBERTSON, CHARLES R. BOYLE, and
EVELYN L SHA.VER, or the suivivois of my children, as Tnzstees.
A. The assets that are transferred to the Trust shall be divided into approximately equal
shares for each oi'my grandchildren under the age of eighteen (18)years of age.
B. The Trust estate shall be administered until each grandchild reaches the age of'eighteen
(18) years. Until that time, the Trustee shall apply all net income and principal of the Tnust estate
as follows:
1) Go long as my grandchild is under the age of eighteen(18) years
of age, the net income of the Trust shall be paid to, or applied for
tlie benefit of my grandchild at such times and in such amounts as
the Trustee shall in his or her discretion deems necessary for his
or her support, welfare, maintenance and education. Education
shall be defined broadly to include not only that available in
college, but also trade school and other similar training In the
event that the income shall be insufficient to provide my
grandchild with adequate maintenance, support, welfare or
education, the Trustee may invade the principal of this Trust for
this purpose.
2) The Trustee in exercising his discretionary authority with respect
to the payment of income or principal of the Trust Estate to my
beneficiary, shall take into consideration any income or other
resources available to my grandchild from sources outside of this
Trust that may be known to the Trustee. The determination ofthe
Trustee with respect to the necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoeverinterested in the Tn.ist.
3) The Trustee shall accumulate and add to principal any net income
of the Trust not paid out in accordance with the discretion
hereinabove conferred on the Tnzstee.
4) [n the event my grandchild predeceases me or dies prior to the
termination of this Trust, the interest of my grandchild in the
Trust shall cease, except that, if he or she is survived by any
children, then the Trustee shall pay net income of the Trust to or
apply the same for the benefits of such children of my deceased
��andchild,in such amount or amounts as the Tn.istee in his orher
sole discretion may detennine for support, welfare and
rnaintenance.
C. VVhen:my grandchild reaches tl�e age af eighteen(18) years, a cal�ulation of the;property
remaining in the 'Cnzst shall be made and the total thereof shall be distributed to him or hei•.
D. My �andchild, as beneficiary of this Trust, shall not have any right to alienate,
encumber, or hyp�thecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to clairrs of his or her creditois or liable to attachrr�nt, execution or
otherprocess ofla.w.
� � ,
E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in
addition to all ��ther powers granted by this Will, or by law, shall have the following powers over
the Tn.ist estate, subject to anylimitation specified elsewhete in this Will:
1) To retain any property received by the Trust estate far as
long as the Tnzstee consides it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale ofthe lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions ofthis Tnzst.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee shall
serve without bond and shall receive fair and reasonable
compensation for administration of this Tnzst, not to exceed
five (5%)percent of annual income.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
�distribution ofthe Tiust estate.
VIII
I nominate, constitute and appoint my daughter, EVELYN L SHAVER, as Execu�trix of this
LAST WILL, to� serve without bond. If my daughter, EVELYN I. SHAVER is unable or unwilling
to act in that capacity, then I nominate,constitute and appoint my daughter, LINDA ROBERTSON,
as Executrix of this LAST WILL, to seive without bond.
IN WITNESS WHEREOF, I, CHARLES BOYLE, have set my hand to this LA.ST WILL
this 14th dayof April, 2009.
�; , �� G� .
CHARLES BOYLE ;r
Signed, sealed,published and declared by the above-named CHARLES BOYLE, �as and for
his Last Will anci Testament, in the presence of us, who, at his request and in his presence, and in
the presence ofeach other, have hereunto subscribed ournames as witnesses.
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ACKNOWLEDGEMENT
COMMONWE.ALTH OF PENNSYLVANIA :
: ss
COUNTY OF C2TMBERLAND •
I, CHARLES BOYLE, Testator, whose name is signed to the attached ar 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 as my free and voluntary act for the
purposes therein expressed.
� ,
a
CHARLES BOYLE ^c
Sworti or affirmed to and acknowled�ed before me by CHARLES BOYLE, Testator,
this 14th dayof� April, 2009.
, �7
..._..-._ •.�_�,�1 H OF PENNSYI��", % �' � A
Natarial Seal � �� � ��/�
� Joetle l.McGowen,Notary Public 3Ty PubI1C s� /
!ullechanicsburg Boro.,Cumberiand Coun•'
ti� C�mmissi�m Expires July 6, 20: G ��
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: ss
COUNTY OF C[JMBERL,AND •
We, R.. Mark Thomas and �/j>� /,� 5/���7-� ,the witnesses whose
names are signed to the attached or foregoing instrument being duly qualified accordinb t� law, do
depose and say that we were present and saw Testator sign and execute the instniment as his LAST
WILL; that CHARLES BOYL,E 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 knowledge, the Testatorwas at the time 18 years of
age or more, of saund mind and underno constraint ar undue in$uence.
`' ' '�� � '�� .� ��cc.��
� , .
Stivorn or affirmed to and acknowled�d befare me by R. Mark Thomas and
�� . �7 '�this 14th day�f April, 2009.
;
�
�� / � '
otary Public � �
:,v'/tcr�l.TH OF PFNNjYI!'��"'�
�
Notarial Seal �^v
� Joette L.McG��wen, Notary Pubfic
'4�r.hanic5biirg Bc�ro.,Cumberland Co�.��'
'�-,�-���sion Expires July 6, 2�"