HomeMy WebLinkAbout04-21-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
Estate of Gerald J McKelvey
also known as
.Deceased
COUNTY, PENNSYLVANIA
File Number 21 -10 - ~~
Sodal Security Number 181-36-5759
PetiOoner(s), who is/are 1 B years of age or otter, apptytles) ror.
(COMPLETE A' or 9' BELOW.)
A. Probab and Grant of Callers Testanwrhary and aver that Petitioner(s) is/are the
last Will of the Decedent dated 12/1811990 and codiGl(s) dated
(Srero rsbvenr cicumsrencea, e.g., renunciseon, tleeBr of executer, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered
for probate, was not the vidim of a killing and was never adjudicated an Incapacitated person:
Decedent was divorgd from the named executrix, Catherine R McKelvey, by a decree dated 20 February 2008. Tlw alternate personal
norosenfathre named in the will has renounced In favor of the petHlonera here.
QX B. Grant of Letters of Administration C.t.a.
er. c. e.; n.e..a.; uen m
Peationer(s~ after a proper search has /have ascertained that Decedent left no W III 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 Wlll In Secdon A abo~ and complete list of heirs.)
Name Relationship Residence
Gerald D. McKelvey Son 11 Wiltshire West
Carlisle, PA 17013
Catherine Anne Lenny Daughter 219 Steamboat Avenue ~
ueenstown MD 216
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(COMPLETE IN ALL CASES:) Attach addlttonal sheets Hnecessary.
Decedent was domidled at death in Cumberland County, Pennsylvania with his /her last prindpal residen ~ ~.PC ~ ~'~
11 Wiltshire West, Carlisle, PA 17013 C'a~~r 'fie'
(Ll~ street address. towr/clly, fownalr/p, county, state. r/p cowl ~ %-_" ~
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Decedent, then 63 years of age, died on 04/23/2009 at Opelika AL 36801 ~
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal properly $ 15,000.00
(If not domidled in PA) Personal property in Pennsylvania $
(If not domidled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
Wherefore Petltioner(s) respectfully request(s) the probate of the last W III and Codicil(s) prosonted with this Patltlon and the grant of Letters in the appropriate form to
the undersigned:
or printed name
11 Wiltshire Weat
Carlisle, PA 17018
named in the
Anne Lesny
10.132008 l,opyAght (e) 2008 fans eoawre any The Lackner Group. Inc.
219 Steamboat Avenue
Queenstown, MD 21858
Page t of 2
/1'. ,t/
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland }
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cortect to the best of
the knowledge and belief of Pettioner(s) antl that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate axording to law.
Swom to or affirmed and subscribed
before me this ~ ZIP day of
For ~e Register
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File Number. 21 - 10 - N' `~' ~ fn X
Estate of Gerald J. McKelvey . Derma
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Social security t mb/~'r~. 181 ~6-5759 Date of Death: 04J23/2009 ~
AND NOW, ! /~ ~ ~ ~ ~ 4 I U , in consideretion of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters of Administration c.t.a.
are hereby granted to Gerald D McKelvey and Catherine Anne Lesnv
In the above estate
and that the Instrument(s) dated 1 211 811 990
described in the Penton be admitted to probate and filed of record as the last W ill (and Codidl(s)) of Decedent.
FEES
Letters ............................................
Short Certificate(s) ........................
Renunciation(s) ..................
$ i~
$ _ ,
Attorney Name: Samuel L. Andes
S
Supreme Court I.D. No.: 17225
address: 525 North 12th Street
Lemoyne, PA 17043
TOTAL ....................................
$ Telephone:
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8
717/761-5361
Fpm RW-OY Rev. 141&2008 Copyright (c) 2008 !pm soRware ony The Lackner Group, Inc. Page 2 of 2
Attorney Signature: ~ ~ J ~ ~,,,;,~,~
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GBl2Ai~ J. Mc1~VEY ~~~
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I, C~lID J. [ic1Q~VSY, of Hampden Township, C~anberland County, Pennsylvania,
declare this to be my last will and revoke any will previously made by me.
ITB!! I. i direct that all my just debts and funeral expenses, including my
gravemarker and all expenses of my last illness, arx3 any and all taxes and assessments
0
imposed by any governmental body as a result of my death, whether on property passing
~ under this will or otherwise, shall be paid fran my residuary estate as soon as practi-
cable after my decease as a part of the expense of the administration of my estate.
IT@i II. I give and bequeath all of my household goods, automobiles, jewelry, and
all other articles of household and personal use, equipment and ornament, together with
all insurance thereon and relating thereto, to my wife, CATHERINE R. I~KELVEY, provided
she survive my death by thirty (30) days. Should my said wife predecease me or be
deceased on the thirty-first day after my death, I give, devise, and bequeath all such
items and insurance thereon in equal shares to those of my issue, per stirpes, who
survive my death by thirty (30) days.
ITFM III. I give, devise, and bequeath all the rest, residue, and remainder of my
possessions and estate of every nature and wherever situate to my wife, CATHERINE R.
McKELVEY, provided she survive my death by thirty (30) days. Should my said wife
predecease me or be deceased on the thirty-first day after my death, I give, devise,
and bequeath all the rest, residue, and remainder of my possessions and estate of every
1
nature and wherever situate in equal shares to those of my issue, per stirpes, who
survive my death by thirty (30) days.
Ig'BI+I IV. In the event neither my wife nor any of my issue survive my death by
thirty (30) days, I give, devise, and bequeath all of my possessions and estate of
every nature and wherever situate to my father, GERALD J. McKELVEY, SR., of Palmerton,
Pennsylvania.
ITBti D. In the event my daughter, CATHERINE A. McRELVEY, is under the age of
twenty-five (25) years at the time for distribution to her, I devise and bequeath her
share of my estate to my hereinafter named trustee, IN TRUST, to hold, manage, invest,
re-invest, the share so received, and the accumulation of income thereon, and to
use and apply from time to time such portion of income and principal thereof as my
trustee thinks proper for the comfortable support, maintenance, health, welfare, and
ion of my daughter or to make payment for such purposes, without further
responsibility, directly to my daughter, or directly to any person taking care of my
. Any principal or income not so applied shall be distributed to my daughter
she attains the age of twenty-five (25) years. Should my daughter fail to attain
the age of twenty-five (25) years, such principal and income shall be distributed to
her issue, per stirpes, if any, living on the date of her death and, in default
thereof, to my issue, per stirpes, living on the date of her death. Should there be no
issue of my daughter or of mine living on the date of my daughter's death, such
principal and income shall be distributed to my father, GERALD J. McKELVEY, SR.
ITBhI VI. I appoint my son, GERALD D. McI~LVEY, trustee of the trust or trusts
created by this my last will. Should my son fail to qualify or cease to serve as
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trustee, I appoint my father, GERALD J. McKELVEY, SR., trustee of the trust or trusts
created by this my last will. in addition to the other powers and authorities granted
to my trustee by Pennsylvania Law and by the preceding paragraph of this my last will,
I hereby give my trustee the following special powers and authorities:
~~
A. To retain any or all of the assets of my estate, real or
personal (including any stock or securities of any corporate fidu--
ciaries), without any regard to any principle of diversification,
risk, or productivity;
B. To invest and re--invest in all forms of property without
restriction to investments authorized for Pennsylvania Fiduciaries,
as my trustee deans proper, without regard to any principle of
diversification, risk or productivity;
C. To sell at public or private sale, to exchange or to
lease, for any period of time, any real or personal property and to
give options for sales, exchanges, or leases, for such prices and
upon such terms or conditions as my trustee deans proper and in the
best interests of the beneficiary or beneficiaries of said trusts;
D. To allocate receipts and expenses to principal or income
or partly to each as my trustee from time to time deems proper in
its sole discretion;
8. To compromise any claim or controversy;
F. To exercise any option, right, or privilege granted in
insurance policies or in other investments;
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G. My trustee may accumulate the income from this trust
during the term thereof but may, from time to time, distribute from
current income or from accumulated income or from principal such
amounts as my trustee, in its sole discretion, deems advisable for
the education, welfare, and comfort of the trust beneficiary.
ITffii VII. All of the interests of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation nor shall they be
to any execution or attachment.
IT@S VIII. I appoint my son, GERALD D. McKELVEY, guardian of the person of my
daughter. Should my son fail to qualify or cease to serve as guardian, I appoint my
father, GERALD J. McKELVEY, SR., guardian of the person of my daughter.
ITffii IX. The words "child", "children", and "issue", as used in this will shall
interpreted and construed to include persons who have been born to or adopted by me
the execution of this will, if any.
ITffiK %. I appoint my wife, CATHERINE R. McKELVEY, executrix of this my last
will. Should my said wife predecease me or otherwise fail to qualify or cease to serve
as executrix of this my last will, I appoint my son, GERALD D. McKELVEY, executor of
this my last will.
ITH`! %i. In addition to the other powers and authorities granted to my personal
representatives by Pennsylvania law and by the other terms and provisions of this will,
I hereby give to my personal representatives the following powers and authorities
effective without court approval and until actual distribution of all property: to
compromise any claim or controversy; to make distribution in cash or in kind, or partly
4
in cash and partly in kind, and in such manner as my personal representatives may
determine and at valuations finally to be fixed by than; to invest in all forms of
property, including any stock or other securities in any corporate fiduciary or its
successor without restriction to investments authorized for Pennsylvania fiduciaries,
as my personal representatives deem proper, without regard to any principle of risk or
diversification; to retain any or all assets of my estate, real or personal, without
regard to any principle of risk or diversification; to sell at public or private sale,
to exchange, or to lease for any period of time, any real or personal property and to
give options for sales, exchanges, or leases, for such prices and upon such terms or
conditions as my personal representatives dean proper; and to allocate receipts and
expenses to principal or income or partly to each as my personal representatives deem
proper in their sole discretion.
ITHYI %II. I direct that my personal representatives and fiduciaries shall not be
required to give bond for the faithful performance of their duties in any jurisdiction.
D
IN flITL~S i~2BDF, I have here
of ~~ ' 1990.
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The preceding instrument, consisting of this and five other typewritten pages,
each identified by the signature of the testator was on the date thereof signed,
published, and declared by GERALD J. t~KELVEY, the testator therein named, as and for
his last will, in the presence of us, who at his request, in his presence, and in the
presence of each other, have subscribed our names as witnesses hereto.
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COP@4ONWEALTH OF PF~iNSYLVANIA )
SS.:
COUNTY OF Ci][~ERLAND )
The undersigned, being the testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, does hereby
acknowledge that I signed and executed the foregoing instrument as my last will,
that i signed it willingly; and that I signed it as my free arx~voluntary act for
the purposes therein expressed. Q ~ //
Sworn or affirmed to and acknowledged
beforeby t ~ to t to ~ at~Xe
this ' da f /' , 1
arY ~~c NOTARIAL SEAT.
WENDY K STRAUB, NOTARY PUBLIC
LEMOYNE BORO, CUMBERLAND CO.
_. MY COMMISSION EXPIRES MAY 6.199
COtM4ONWEALTH OF PENNSYLVANIA )
( SS.:
CWNTY OF CUMBERLAND )
WE, GEORGE A. VAUGHN, III, and MICHAEL L. BANGS, the witnesses 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 the testator sign and execute
the instrument as his last will; that he signed it 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; ar~d that
to the best of our knowledge, the testator was at that time 18 or more years of
age, of sound mind, and under no constraint or undue influence.
Sworn or affirmed to and
ac ledg fore ~t 's 91
day o , 1 U.
i
Notary 'c
NOTARIAL SEAL
WENDY K STRAUB, NOTARY PUBLIC
LEMOYNE BORO, CUMBERLAND CO.
MY COMMISSION EXPIRES MAY 6,1991
RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Gerald J. McKelvey ,Deceased
~~ Gerald D. McKelvey , in my capacity/relationship as
(Pnnr Mama)
personal representative of the above Decedent, hereby renounce t ~ right to
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o
administer the Estate of the Decedent and respectfully request that Letters be issue
~
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Gerald D. McKelvey and Catherine Anne Lesny
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11 Wiltshire West
(suearaddreas)
Carlisle, PA 17013
roar. srere. za)
Executed In Reg/star's Ol>rce Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
party executing this renunciation and cert~ed
before me this day that he or she executed the renunciation for the
of purposes stated within on this day
of
Deputy for Register of WiINs Notary Public
My Commission Expires:
(Si~aturo ane seal of Nolary or other offidal WaWNtl to
a8minbter oaths. Show date of ezpiralbn of Notaye com,,,iasion.)
Form RW-0B Rev. 10-732008 Copy~iglN (c) 2008 form aoflwsro ony The Lackner C3mup. Inc.
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
GERALD J. McKELVEY,
Plaintiff
VERSUS
CATHERINE R. McKELVEY,
Defendant
. PLAINTIFF,
DECREE IN
DIVORCE
AND NOW, February 20
DECREED THAT
ANC
CATHERINE R. NkKELVEY
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
GERALD J. MCKELVEY
s
W
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ED AND
2007-6680 CIVIL TERM
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IT IS ORDER
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BY THE ~.OURT:
M. L. Ebert, Jr.
NO.
ATTEST: ~'
PROTHONOTARY
Certified Copy Issued: ebruary , 2008
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