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HomeMy WebLinkAbout09-04-12F:\FILES\Climrs\14857 McGillvre~14857.Lal6dsvito8wvice 1N RE: ESTATE OF IN THE COURT OF. COMMON PLEAS OF FRED McGILLVRAY, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION N0.21-12-806 AFFIDAVIT OF SERVICE The undersigned, Hubert X. Gilroy, Esquire, hereby certifies and affirms that a copy of the Court Order scheduling a hearing in the above matter on Thursday, September 6, 2012, at 3:00 p.m. in Courtroom Number 5 of the Cumberland County Courthouse, a copy of said Order is attached hereto and marked as Exhibit "A,"was served on the following individuals who consist of the three children, mother and former spouse of the decedent: Mr. Eric McGillvray 60 Michelle Way Hanover, PA 17331 Ms. Melany An 2665 Prosperity Avenue, Apt. 302 Fairfax, VA 22031 Ms. Christine McGillvray c/o Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 Mr. Kevin McGillvray 4991 East Prospect Road York, PA 17406 ~ „~ Ms. Barbara McGillvray ~ ~' ~,_ ~ :x, c 120 Buttermilk Road ~`' ~ `-'~~ ,' Newville, PA 17241 a~, - -' =: " QL~.~l ~ ...o ~ r ~.~~' -r, - ; a -" `=' : ~= w ~~ A copy of the letter to the named individuals is attached hereto and marked as Exhibit "B." Attached hereto and marked as Exhibit "C" is a copy of the signed certified mail receipts for the three children and mother of the decedent. Attached hereto and marked as Exhibit "D" is a letter from Attorney Marylou Matas, who is legal counsel for Christine McGillvray, the former wife of the decedent. MARTSON LAW OFFICES By: ubert X. ' roy, Esquire - Id. No. 29943 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this 3 ~ ~ of _~j ~ 2012. ~M~y~.~ of Pp~mvArou s.u hNNeo A. SehoNy, Notary Pubik No Public sw,n, Mww.ao" rwP., Cumba4end Gwnty fin. i9 mi4 9f N~~ ~~ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF FRED McGILLVRAY, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION N0.21-12-0806 ORPHANS' COURT ORDER OF COURT AND NOW, this 8'~ day of August, 2012, upon consideration of the Petition for Grant of Letters and certification of the Clerk of Orphans' Court that the document has raised issues of dispute, this matter is scheduled for a hearing on Thursday, September 6, 2012, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania; to determine whether this court should validate the document as the Last Will and Testament of Decedent Fred McGillvray. PETITIONER may present extrinsic evidence as to the document at the time of the hearing, including telephonic testimony by Attorney Hamilton Davis if necessary. PETITIONER shall effect service and notice of the hearing on all heirs and interested parties to the document prior to the hearing. Hubert X. Gilroy, Esq. ~10 East High Street Carlisle, PA 17013 Attorney for Petitioner :rc BY THE COURT, C • I Christyl L. Peck, J. S2 ti ~, n. x~ ~, ; ~., C ~,_ ~ v^~ C.l~ -; . ~ tT'i ,_ o , c~: _ ~' ~r ~ : ~ ~~ ~ -~ ' A -, W rt }.~ ?fi C..l ~? cT A TRUE COZY FROM RECORD In Twtlmolry wAalof, l her~unlD set my MINI and Uia teal d Cauet CaAIN+. PA .day 0.~~ CIIA~ d ans Cotat Exhibit "A" . ~. 1~ 1 ~ it .~~ 4IARTSON :LAW OFFICES ' 0 E,W`r HIGH STREET C.\RLISLE, PENN$YLVi4~IlA 17013 TELEPHONE (71'n 243-3341 A~.csLUILE (71~ 243-1850 I\TERNET wWw.maitSO7lla~i:COm VIA CERTIFIED MAIL AIVD U S MAIL Mr. Eric McGillvray 60 Michelle Way • Hanover, PA 17331 VLA CERT FI D AiL An?D U.S. MAIL Ms. Melany An 2665 Prosperity Avenue, Apt. 302 Fairfax, VA 22031 Ms. Christine McGilhrray c/o Marylou Matas, Esquire 26 West High Street Cazlisle, PA 17013 August 13, 2012 VIA CERT 1+'IFD ii U Aii Mr. Kevin McGillvray 4991 East Prospect Road York, PA 17406 V11A CERTIFIED A . ANiI rr_. LMAIi, Ms. Barbara McGillvray 120 Buttemulk Road Newville, PA 17241 RE: Estate of Fred McGillvray Docket No. 21-12-0806 -Cumberland County Orphans' Court Our File No. 14857.1 Dear Folks: As you may know, Jessica L. Nailor has retained our office in connection with having her appointed executrix of the Estate of Fred McGillvray. On Jessica's behalf, we filed with the Cumberland County Register of Wills a copy of the enclosed document which we submitted to the Court as Mr. McGillvray's Will. We also filed an Affidavit of Attorney Hamilton Davis, a copy of which is also enclosed. The Register had concerns with respect to the document we offered as the Will and referred the matter to the Court. Judge Peck has scheduled a hearing in this matter on Thursday, September 6, 2012, at 3:00 p.m. in Courtroom Number 5 of the Cumberland County Courthouse. Enclosed is a copy of the Order of Court scheduling the hearing. _...,.~ , Nt~ `;~/ILL,11~1;1.) '~ jI.,LO~(_s.iL.t~t)Y ~''C 1_ JoH?v B. FOwr~;R III D.V~IEL K DEARDOREF T[toHns.J. Wu.unus* h~o V. C4-ro III Hti©ERT X. GIL[tOY GEORGE B. FALTER ~R.* .~. 1. llnvlD A. Fl'I7.SiMO~S CHRISTOPHER E. RICE JL?iNIFER L. $PPJ1R$ SETH T. tiIOSEBEY I<AT1E ). Vt,\XwEU. R. C. V:WLANDINGHA~( ~I,OARp CEImFiLU CML Taut SPHCLWST Exhibit "B" INFORMATION ADVICE ADVOCACY stir Mr. Eric McGillvray Mr. Kevin McGillvray Ms. Melany An Ms. Barbaza McGillvray Ms. Christine McGillvray August 13, 2012 Page 2 You may attend this hearing or you may choose not to attend the hearing. The purpose of the hearing is for the Court to determine whether Jessica L. Nailor shall be appointed executrix of Mr. McGillvray's estate. This hearing will not address the issues of handling the estate or distribution of the estate assets. If Jessica is appointed executrix, we would then give you formal notice of that appointment. As heirs under the Will or as interested parties, we would continue to keep you advised with respect to all filings in connection with the estate. Jessica would have a fiduciary obligation in connection with handling the estate, paying taxes, and distributing estate assets in accordance with the Will. If you have any questions, I am happy to answer any questions you may have. You may contact me or Melissa Scholly of this office who is an estates paralegal working on the file with me. However, it is important for you to understand that I am representing Jessica in connection with these proceedings in her effort to be appointed executrix under Mr. McGillvray's Will and I cannot provide legal advice to any other interested party in this matter. Naturally, should any of you retain legal counsel, I will be happy to speak with your attorney. Thank you for your cooperation and please feel free to contact me if you have any questions. I am sending this letter to everyone both regular and certified mail to ensure that we effect service on all heirs and interested parties pursuant to Judge Peck's Order. Very truly yours, MARTSON LAW OFFICES ubert X. Gilroy HXG/mas Enclosures cc: Ms. Jessica L. Nailor (w/ enc.) F^FILES\CBeou\14837 McGiBvrsy.14837.1.brne.l INFORMATION • ADVICE • ADVOCACY sr4 IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF FRED McGILLVRAY, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION N0.21-12-0806 ORPHANS' COURT ORDER OF COURT AND NOW, this 8~' day of August, 2012, upon consideration of the Petition for Grant of Letters and certification of the Clerk of Orphans' Court that the document has raised issues of dispute, this matter is scheduled for a hearing on Thursday, September 6, 2012, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania; to determine whether this court should validate the document as the Last Will and Testament of Decedent Fred McGillvray. PETITIONER may present extrinsic evidence as to the document at the time of the hearing, including telephonic testimony by Attorney Hamilton Davis if necessary. PETITIONER shall effect service and notice of the hearing on all heirs and interested parties to the document prior to the hearing. BY THE COURT, .Hubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Petitioner :rc A TRUE COZY FROM RECORD In TenNnont- wMrof, I hereunto get my hand and the •eal of CouR Carliae, PA ; _ ~ yt .,.. ~ , ,-, y ~~ .yy ~ . ~,~-G~ Christyl L. Peck, J. ;-.., ~ :a ,- ` ,;; ..• _ J -'. cr.'± : co r- ~ o~- . . . , . ~, _ _ . W ~~ /~ ~ IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF FRED MCGILLVRAY, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA Upper Frankford Township :ORPHANS' COURT DIVISION Cumberland County, PA N0.21-12- AFFIDAVIT 1. I, Hamilton C. Davis, Esquire, was counsel for Fred McGillvray, who died on July 10, 2012. 2. I met with Mr. McGillvray at his home located at 122 Buttermilk Road, Newville, Pennsylvania, on June 19, 2012. 3. Mr. McGillvray signed and dated a handwritten Will, prepared by me, detailing the distribution of his Estate, a copy of which is attached hereto and marked as Exhibit "A." 4. The primary asset of the Estate is a dairy farm consisting of real estate, cattle and equipment. 5. The Will devised the farm, including the cattle and equipment to "Jess:' 6. The Will named "Jess" as Executor and HCD (me, Hamilton C. Davis) as alternate Executor. 7. Jesa is known to me as Jessica L. Nailor. 8. Jessica L. Nailor was present when the Will was signed and it was the intention of Mr. McGillvray to have Jessica appointed as Executor and Beneficiary in the Will as he expressed that to me personally on June 19, 2012. 9, Also present and witness to the sigaing of the Will were Angie Schaeffer and Tricia Bailey of my office. 10. This Affidavit is submitted to have Jessica L: Nailor appointed as the Executrix of the Estate of Fred McGillvray. Dated: ~~~..~ °~ By: ~ q I'~ C j-( Hamilton .Davis, Esquir ,:, 20 East Burd Street `- r ~' ~? Shippensburg, PA 17257 ~ ~- ~ (717) 532-5713 b ,~~ ' ~N-+ _ ':, Swom to and subscribed before me `' ~ ~ fc~~ ~ ~ :- this of t 2012 - S . y ~ ~ -~ l ~ ~ COMMONiNEAL ._ ~ Not Pu 11C F' FILES~CIienb11J8l7 McCilkta,nlidl7.1. iiT i , bd ply set ~~~~,M`SchaMlb~~ ry~~,p~ ~W.-~,~~!y,s01'0~ Qy~~~ ~N r .. .. ~ . ; , ~-. ,.i J ~ ~7 ;; ., /~ ~ ~ ~~t./~ yh ~ l~'~~r+~ .yl ~~ J ~ ) .> > ~ ~' ~'~ A ^ looms t, 2, and ~ AhO oomplets Item a if Reatrlated Y is desired. A. sl ,.a,..., ~ ^^ X ^ PAnt yotr nems ern! addreee on the roveres. -`'''" Q so that we cmt rohcm the card to your ^ Attach thbs card to the tre01t of the mallplecs, e, er (A-ntecr nrrny c. oaas or osihrorr or on the hoot I(spaee pamitar; 1. ArtbkAdd~eeeWta 0. bXadCM'MSdMMAntfiomlEetR17 OVbea ~~~ ~~ H YE3, errter dN Q Nu'; ac~c~. ~ 3. Fa'~ r-~~f ~~ ~ad3{~: ~ ~. ~~ ~ . ~~-, ~ ~. 2. ar> AOm~dcaNhelF,::: 7011 2000 001 2522 5813 x ;'. PS For~ri . ,381 t, Fetxwry~2gQ* , oomesMe F~tum p,N, ~ R.~ . 1 1614 ,• -, -, -.-_,.._.W~.~_._..-___ ~~o~~.~w.w.~'~~d~'''..x r I~ou6,+iddtaicionlthtlrrwM'sef~ rro?, ,~, , . ^~ ~. y„ so tha6 ~Nie QM1 retctrtl dli oarct m your. , ^ Attef~l th(ei;card t0 fife t7atdLOf the cnaiiPiaos~ 9. Recylwd by lPdncsd Nrny~. G Ot or oR1ht fi+cnt H apao's parmiDri~ 1. Midr/lddrwed to - tX t+ Y adelrM dlleerttYOln itenr~ 1 ~ O ~ , . rt r~.rar eerv.y.drr... 4 t~ ~' Ne~v~lt~; ~A i ~~~t ~ '~ ,,~ ~ ,~ ,,~ ,~- ~, d,~~ OIM~ndt~tlt' CIl:.R6. a. Rasutct.a n~» ~• ~ ^ w. 2' ~°~'~ 7011 2000 001 25.22 5820 (flanskrffoen servl~> P3 Form 38f1, Fef7ruary 2o0d Domeetlo RMum Fiecsfpt io2aosaa#Ptew Exhibit "C" x 8L11~7~A~6 • •~R14wMS1 ~'i~. f Ate ~i[It 1~tKl biolc Ott ~4 maims.-~ ~ ~' . x ~f ~~ ; w . , oranuiea itepavspern,laiz {~ '. [FK ~ . ,. ncddo t """""".~' Mo p. ~d~vMNerkYwdfN,ardfioa, '^~'~ ~ K irea, anfr dw'iwry eedma barowia€" d Na <' ; /(L\~ t{ •~~R 3 ~,t; ~ ~~~ ~- 3 , + ~ ek . t tJ 1 h~ tlIMA MBE 0' EONS M k. ~d CR~urttRaOdptfo tr~arohendlM Q NuurdMdt D CQO. 0. ReWlcbd Delhnry7 (Ettra F+N Q Yea 2' A,tla.Nume.r ' ' ' 7011 2Q~0 (Aarahr fiwn Mivky a,ecq OOQ1 2522 58Q6 P3 Fam 3811, Febniery 2004 oornsstlc Ream R«xipt ,aeµ,eeo Law Offices of ~ AIDIS, SULLIVAN & ROGERS A PROFESSIONAL CORPORATION 26 WEST HIGH STREET ROBERT C. SAIDIS CARLISLE, PENNSYLVANIA 17013 LEMOYNE OFFICE: DANIEL L. SULLIVAN TELEPIIONE: (717) 243-6222 - FACS[MIGE: (?17) 243-bI'86 Ei35 NORTH 12TM STREET STE. A00 ELYSE E. ROGERS EMAIL: attorney~ssr-attorneys.com , ! FMOY~, PA 17043 JOHN A. FEICHTEL www.sar-attorneys.com TELEPHONE: (717)612-5800 DEAN E. REYNOSA FACS1b11LE (717)1112-5805 TODD F. TRUNTZ MARYLOU MATAS OfCo~insel SEAN M. SHULTZ JOHN E. SLIICE ROBERT B. HAMILTON STEPHEN L. GROSE HANNAH WHITE-GIBBON REPLY TO CARLISLE Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, Pennsylvania 17013 RE: FreQ McGillvray Dear Hubert: August 14, 2012 ~~ Our office represents Christine McGillvray former wife of Fred McGillvray, deceased. It is our understanding that you maybe representing the Estate of Fred McGillvray. In any event please be advised that Chris McGillvray has claims against the Estate of Fred McGillvray and that she intends to pursue these claims. Our office has received the Order of Court scheduling a hearing for Thursday, September 6, 2012, at 3:00 o'clock p.m. regarding the document presented to the Court for consideration of whether the Court should validate the document as Mr. McGilivray's Last Will and Testament. Thank you for providing that to our office. Very Truly Yours, SAIDIS, SU LIVAN & ROGE S Q ~ Marylou as, Esquire MMltlp cc: Chris McGillvray Exhibit "D"