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HomeMy WebLinkAbout09-21-06 . Register of Wills of Cumberland County Estate of Carl J. Boyle also known as PETITION FOR PROBATE and GRANT OF LETTERS c9/ ,- ()(P - t.(f3 No. To: Social Security No. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania o The petition of the undersigned respectfully represents that: ~ 0 :')~ ~ Your petitioner(s), who is/are 18 years of age or older, and the execuors named in the last~f!~he -0 above decedent dated July 17 :l2~ 1998;J~ =0 N and codicil(s) &ted '~ ~:J~ ^ _ ;_, ~J ''-,,{ 11 <)C . -:r' 'u~ )> Cumberland County~ , Deceased. 172-28-1408 ,....." =-> <= <.::n .rJ rr't C) C) jJ CJ ill C::J ,')C) ! i l~l ....-. --n :':c: C") .. _ I"'" cj"JC,) "Tl (state relevant circumstances, e.g. renunciation, death of executor, etc.) -0 :x w Decedent was domiciled at death in Eas t Pennsboro Twp., Pennsylvania, with h_last family or principal residence at 504 N. Front Street, Enola, PA 17025 (list street, number and municipality) Decedent,then-1Qyearsofage,died March 7 ,20~at Harrisburg Hospital Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (Ifnot 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: 504 N. Front Street. Enola. PA 17025 $ ~ ,f; 001'0 $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. ~~*) Residence(s) ofPetitioner(s) " Darren P. Boyle - 1132 McKinley Ave., Jolmstown, PA 15905 " Erin L. Skavang nMa Erin L. Gerber - 116 Penrod St.. Johnstown, PA n Kellv A. Holdsworth - 411 Femdale. Ave.. Jolmstown. PA 15905 15902 c:J//()~' (P3 . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE } ss: o ~o :J:J .;~~ r:':,.:,~ _ ,"_. l,~J J ....~, r-.> = = <.::n (/) r'"1 -0 N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,"J C/) ~. Ql C A e Estate of Carl J. Boyle , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 2006, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated Jul V 17. 1998 , described therein be admitted to probate filed of record as the last will of Carl J. Boyle ; and Letters are hereby granted to Darren P. Boyle, Erin L. Skavang n/k/a Gerber and Kelly A. Holdsworth FEES Probate, Letters, Etc. ............. $ Will ................................. $ Renunciation....................... $ Short Certificates ( )............ $ J CP . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. $ Automation Fee................... $ & (/D :i::...~~il...~~~: ~ 1f 9().d) ~dA(~~~~ 1 <{cO IJao Attorney (Sup. Ct. J.D. No.) Address Phone HI05.805 REV 1105 This is to certify that the information here given is correctly copied fro~ 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 fihng. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. tkn,~~ Local Registrar Fee for this certificate, $6.00 p 12226820 MAR 0 9 2008 Date 5, Age(lallbir1l1dly) 70 VIS, ;. Sb, County of OeIth Carl J. Boyle 7, o'leolBlrth o ~D -0 ..~;:~ .=>)~ ,...., c:::> <:;;;;) en C/) r" v N 3 RtY. 01"l6 'PRIHTIN UNENT ,CKIlK 1 Nomo 01 ooc_ iFn', middle, ~sll h,dI. ear 8. nslateorbr' 1935 Johnstown, &d. Facily Nlrnt pI not institution, give street and number) 11. Otcedenl.'s Usual tbn Knd 01 work done d' moSS of III'(So no!: 'tal. reii' Kild 01_ Kind 0I1luP1essIIndus1ly Labor Relation Pa state Gov't 16, 0,,-, MaingAddreu (SlrIel, city_, .Iat., z~ cod.) 12. Was Oecedenl8Wlf in the US 13. Decedent'1 Educllion _ForelS? _ry/SICondol\'(O-'21 Xl VIS 0 No :"~.nc. 111.StaIe Pennsylvania Cobgo (1-<1 orS+) o ()her. 10. Race: Amerbn Il'Idian, Black. Wh... lie. (Spoarj1 White 1.. =~==errnuried, 15, Survivilg Spouse (trwife.Qtverr'lllidtn name) , Dauphin Harrisburg Harrisburg Hospital 504 N. Front st 17b, County Cumberland Oil Decadenl lJotI~. TllWI1Ihi>? 17c, ill: VIS,OOClCllnllNod. East Pennsboro Twp, 17d, 0 No, Ole_' Uvld wlhin ktUlI Limits 01 Cilynlolo '8 F.Il1e(.Namo(FiIl,middle, 19, -.NlmliFnt,middle,_.."",mol Robert F. Boyle 21b, OIItoIDispooilioo(Monlh.dIy,yeI~ Mar aret H. Brant 2011, IntolTlllnr. Maling Add.... (S1reII, clly/lown, _ z\>-I 1132 McKinley Ave Johnstown Pa 15905 21c, PIIC1 of Disposjtion (Namo 01 CIlllIfIlY, crentllOly or ofhlf pile.) 21d. locallon (Cily_, Ita,., z~ cod.) st. Johns Cemeter Johnstown, Pa 220, N.mo.OOAddreuoIFICiily Sullivan Funeral Home '51 N. Enola r 2311, Uclllll_ 200, ,.bnront'. Nomo lTYJlIIprinIJ Darren P. Boyle #lIfp 2&. w.c..-...".__/Co!orW/ OYIS~ : ApptaximoI._ FoIIn: Enltrolllor___......lh, 28, OilT_lJHConIrIW"~? : 0llSII"_ IHItnolrllUllnginfllllll1dltlying......given.PIr1I. 0 VIS 0 PnlbIbly ONo oUn-. 29, HF_: o Not_nt wlh~ PI~ yeor o Pr_"'"fimo.ldlllh o Not proananI.lHIt _ "h~ 42 dIys oIciei~ iJ . Not pr_11I, IHIt prlllFllnt43 dIys" 1 yelr bekl,,_ o ~Hpr_'wlh.fllIposlyeor 321:. PlIca 01_: Homo, ..... SlrHl, FocIoly, 0lIIc0 BuIdIng,..., (Spoarj1 32b, IlIScri>l how Injuly 0cc0Ired: ~1sI~.H"'Y, ,; 1IIlIiIlo",fl1IcMi-OIIli11., EnItr"'"UIllJlt!i.-CA~ Id_oriljuly~"," evenll rell.lllng In dNIh}.~. b, Du.to (01 IS a consequence o~: 301. Wu.n~ plffoonld? o VIS f. . ., w... Autopsy Findings --"Con1>IIfiOII of Cluse of 0eIth? o V.. ONo 31. MannerofOelth 'pI..., D_ O Acc_ 0 I'encfing Invatigollon o Sulcil. 0 CooId Not Be 0_ 321, OIloolll$uY(Iolo""',dIy,_) 32d. Tlfnlollnjury 32g,l:ocaIIIIl-'''''''''',''''') ... 331 CIIlIIIIf (CI1ICfl only _I Cortw,Int pllplcl'n (PIIyo.... CIfIifyi10ClUII 01_ when.-.. ~ ....pronoullCOd _1Illf ~ _231 ./ TO","-"'IIlf~-_"'to""_.)....mo......___________--,.LI __....eortiIyfngpllyalclon(Physic~.boIhprGllClUllCino....,hllllf""'Ifyftg........of_) , T....."rntr-... _ace""",.'" U",dllI,.oo pIIc:t,I'" dutto .....UIO(.).oo "'""" "' ____________0 -.1......._.\-... On"'bI.~ "''''--' _ ~1Io11, In my opinion. _ace_ II Ihollml,_"", -,1Illf d..tolhe_'lllllf "'",''''. "'...._0 .SignI1ureIlllf~ 36. OoIlI_~dIy.yeor) loZ..t/l~l/ t' O~ (See instructions and examples on reverse) , . ocrJ;pncn ('1~Cl!^~ n1= . ,._.,-~j.*" 1_",.......". <oj,! ......1,.... ..,I ,,", 1_) . LAST WILL AND TESTAMENT OF CARL J. BOYLE zonG SEP 2 I PM 3: I 7 IDENTITY ('\1 CR. 'II c,:- \";:-'- \ j. Onc.l-'> , (-'ojl 'RT I',; , ,/ '-i\..'V 1 ('1 " OA v',.'" , , > I, Carl J. Boyle, residing in the County of Cumberland, Commonwealth of Pennsylvania, 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 and former Wills and Codicils to Wills heretofore made by me. My children are Darren P. Boyle, Erin L. Skavang and Kelly A. Holdsworth. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to my Living Trust as a result of the "ASSIGNMENT OF FURNITURE, FURNISHINGS AND PERSONAL EFFECTS" signed this date. If there is any question regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Living 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 devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me, which is known as "The Carl J. Boyle Trust, dated August 26, 1997, Carl J. Boyle, Trustor and/or Trustee". 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 my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition of the Trustee under said Trust as it exits 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 hereinabove, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms, trusts 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 . Last Will and Testament. CARL J. BOYLE LAST WILL AND TESTAMENT, PAGE 1 . . . EXECUTOR I hereby nominate and appoint Darren P. Boyle, Erin L. Skavang and Kelly A. Holdsworth as Co-Executors of this my Last Will and Testament to serve without bond. When more than one person is named with others to act as Co-Executors and one of the named persons is unable or unwilling for any reason to serve or to continue to serve, and no additional persons are named herein to take the place of such declining or retiring Executor, I hereby direct that the remaining named Co-Executor(s) shall continue to serve as Co-Executors (or if only one remains, Executor) hereof without the approval of any court. Whenever the word "Executor" or any modifying or substituted pronoun therefor 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 or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and 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, convey, 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 or 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 purposes of this my Will, without being limited in any way by the specific grants of 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 CARL J. BOYLE LAST WILL A.ND TESTAMENT, PA.GE 1 . . . GLOSSARY OF TERMS For the purposes of this my Will, "children" means the lawful blood descendants in the fIrst degree of the parent designated and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the fIrst degree of the parent designated even though such descendant is born after the death of such parent. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifIcally named herein, and I have also intentionally omitted any and all persons and entities from this, my Last Will and Testament, who are not persons or entities specifIcally named in the The Carl J. Boyle Trust, dated August 26, 1997. It is my intention that any and all persons and entities, whether or not named in this Will or said Trust, shall have an interest in my estate and property, including the said Trust, if and only to the extent that I have provided for them in this Will and in the said Trust. If any person or entity shall challenge this Will or any term or condition thereof, or of the Living Trust to which I have herein made reference, or any term or condition thereof, then, to that person or entity I give and bequeath the sum of one dollar ($1.00) only in lieu and in place of any other benefIt, grant, bequest or interest which that person or interest may have in my general and Probate Estate or the Living Trust and its Estate. I specifIcally disinherit any person or persons claiming an interest in my estate through this, my Last Will and Testament, or through the previously named Trust, as my child, the issue of my body, who are born more than nine and one-half months after my death. SIMULTANEOUS DEATH If any benefIciary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purposes of this my Will that said benefIciary predeceased me. CARL J. BOYLE LAST WILL A.ND TESTAMENT, PA.GE 3 . . . · . , f IN WITNESS WHEREOF, I have hereunto set my hand and declared this to be my Last Will and Testament this 26th day of August, 1997. ?/7-'.E""~ & Carl J. B e SIGNED, SEALED, PUBLISHED and DECLARED by the above testator as and for her last will, in the presence of us, who thereupon at her request, in his last will, in the presence of us, have hereunto subscribed our names as witnesses: 6Ld~ . / WItness address 4972 Medical Center Circle Allentown, Pennsylvania 18106 {fz:u )f/ J:;/fJ .. Itness address 4972 Medical Center Circle Allentown, P A 18106 CARL J. BOYLE LAST WILL AND TESTAMENT, PAGE 4 . . . .. . . , SELF PROOF OF WILL ss. ( ( ( COUNTY OF LEHIGH COMMONWEALTH OF PENNSYL VANIA We, Carl J. Boyle, Todd H. Lahr, Esq. and Christine M. Smyth, the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testator executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of each witness's knowledge the Testator was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~z~ arl J. BOY~ cLdL Witness {td;;/ 7I/,t/~ W ess SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, by Carl J. Boyle, the Testator, and subscribed and sworn to before me by Todd H. Lahr, Esq. and Christine M. Smyth, witnesses, this 26th day of August, 1997. \R~'I ~~(Wtl'Id" NOTARY PUBLIC NOTARY SEAL My Commission Expires: :l / /'t.j ZOo) NOTARIAL SEAL ~ L. CUNCOtWHAHR. Notaly Public lower MlClIlgiI1Wp.,J.high CounIy, PA My CoMlnioa &pies March 12, 2001 CARL J. BOYLE LAST WILL AND TESTAMENT, PAGE 5