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HomeMy WebLinkAbout09-08-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~BERLAND COUNTY, PENNSYLVANIA J /~ L r Estate of IHO~IAS TENEY~K File Number ,~[ ~ /~ i`~~~J also (mown as THOMAC D •AR T N Y K Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) ,Deceased Social Security Number 154-34-7099 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the last Wil! of the Decedent dated 6 / 2 3 /~ l] 10 ,_ and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters otAdministration (Ifopplicnble, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durante absentia; durance minorttate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Adminiatratinrc c_tn_ nr d h. n. c. t n nntnr dntn of Wi// in .C<rfinn A n6rn,c and nn...olom H~~ .,lba:.~ 1 rv Decedent was domiciled at death in C U M B E R L ~ N D County, Pennsylvania, with his /her last principal residence at 1665 REVERE DRIVE fMECHANICSBURG PA 17050 HAMPD N TOWNcHTp (List street address, town/city, township, county, smote, zip code) Decedent, then b5 years of age, died on8/12/2~117 at CAROLYN CROXTON SLANE HARRISBURG pp Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property S 290,000.00 (If not domiciled in PA) Personal property in Pennsylvania ~ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania S situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Typed or printed name and residence CHRISTOPHER TENEYCK Page 1 of 2 Form RW-02 rev. 10.13.06 (COMPLETE WALL CASES:) Anach atfdltlonal sheets if necessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the lrnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, etitioner(s) will well and truly administer the estate according to law. ~~,~ ~~ Sworn to or affirmeQd ans! subscribed ~v / !/'" t ~~ /1`x'4') Signature of Personal Representative ~Fe men the IIIJJJ day of Signature afPersonal Representative Signature of Persona! Representative r-. n .-, -r-, n -D rn ~ (; ~, „a C 7 ','' j ~~~h _:' ~ ? '=, -~ ~-~ File Number: r'V ~•- ~d " `7~J J = ~ Oc" ~ _a ~ ._ _~ -;; Estate of THOMAS TENEY[K , D~$eeased ~ Social S~ryurity Nytrnber:154-34-7179 Date of Death: AND NOW, ~ ~ (J , 2D 10 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to SHRZSTOPHER TENEY[K in the above estate and that the instrument(s) dated JUNE 23 , 2010 described in the Petition be admitted to probate and filed of record asthe last Will (andtCodicil(cll of nerrriwnr /l FEES Letters ............................. $ O7 Short Certificate(s) ............ $ ~ Renunciation(s) ................ $ .... $ - S~ .... $ _.__t_Z_`i= .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ Attorney Signature: Supreme Court I.D. No.: 30241 Address: 2331 MARKET STREET LAMP HILL P A i.7ll i. i. Telephone: 717 - 7 6 3 -13 F13 Form RW-02 ,~e„~. lo.ls.o6 Page 2 of 2 AttomeyName: SUSAN H. [ONFATe ,~ . ~~, LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16462150 Certification Number mobuf REV ItI>!n, tYVE I vnrr x aAi« 8 IO-~~s This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate wifl be forwarded to the State Vital Records Office for permanent filing. ~~ (~ •~~ 8 /13/1a Loca] Registrar Date Issued C7 `~ --.~ C c r~ -_ ,~ N 1 . r'ri ~"~ ..') 4..1 .1 `.~ ~ ~ I c0 ri- ~~7 rrix ,~ ~~ `~ ~2r ~_._... GOMMDNWEALTN OF PEIAISYlVAN1A ..fIEPARTYENT OFNEALTl1. VITAL RECORDS b ~ '7 ~-) CERTIFICATE OF DEATH (Sbw 1kIWUC1,011{ Mld !>uI11pIM OII fIVMMI STATE FlLE Nuwaal I.Nwbd IIeK nYr. 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LPP/estate Planning/CGrnVreneyck/Will.Thones.revised June 22 2010 ~O ~~}~~ " , ~ n o C '"' ;-~ LAST WILL AND TESTAMENT ~~ ~; ~ ~~ rr;s ? c; ~ ~__~ ~ <-~ _~~ m 's~~ 1 ~..; rr~ ~~,~, OF `'v>~ ~...~ .._~ ~ =J ~ r f7 ~7 Q ~l Sa. ~ THOMAS TENEYCK - ~- ;`r „~ _.~ ; . n , ~~ , I, THOMAS TENEYCK, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. FAMILY. 1.1 Identification of Family. I declare that I am married to DOROTHY M. TENEYCK and that there are two (2) children (as herein defined) of this marriage whose names are CHRISTOPHER TENEYCK and MEGAN SACCHETTI. 1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean only DOROTHY M. TENEYCK As used in this Will, the terms "my child" or "my children" refers to all my natural children and adopted children. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the defmition of "child/children" set forth in this pazagraph. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the internment of my remains, including the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable mazker at, and perpetual caze of, the gravesite. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. 3. SPECIFIC BEQUESTS. My estate has been named the primary beneficiary of life insurance policies through Prudential Financial Life, Inc. (Policy No. L6028118) and Allstate Life Insurance Company (Policy No. 7082127647) as well as a Governmental 457(b) Plan through the Commonwealth of Pennsylvania Deferred Compensation Program (No. 98978-01). If I remain in possession of these referenced accounts at the time of my death, and after my estade pays all of the taxes on these accounts, I give the net proceeds from these accounts as follows: 3.1 The sum of Two Thousand Dollars ($2,000.00) to be paid outright to each of my then living grandchildren, MARIO SACCHETTI, EMMA SACCHETTI, ELLIE SACCHETTI, LIA MORRISSON and CHLOE MORRISSON. 3.2 The remainder of the net proceeds from these accounts shall be divided equally among my spouse, DOROTHY TENEYCK, and my children, CHRISTOPHER TENECYK and / ~-. Thomas Teneyck LPP/estate Plao~oing/Client?eneyck/Wi11.Thomas.rcvised June 22, 2010 MEGAN SACCHETTL If any one of them is not living at the time of my death, that person's share shall be divided equally between the two survivors. 4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. 4.1 Disposition to Spouse. I give all of my tangible personal property of every kind and description, including, but not limited to, books, pictures, clothing, articles of household or personal use or adornment, household furnishings and effects, and automotive vehicles and their accessories, but excluding any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business, to my spouse. 4.2 Alternative Disposition. If my spouse does not survive me by more than sixty (60) days after the date of my death, and any of my children survive me, I direct my executor to divide my tangible personal property into two parts. The first part shall contain all items that my executor determines, to be of no present or future value or use to my children. The second part shall contain the balance of the property. My executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be added to my residuary estate. All property in the second part I give to my children, in substantially equal shares, to be divided among them as they shah agree. If any beneficiary is a minor, the guardian of the person of that beneficiary ust agree to the division. If no agreement is reached within (60) days after my death, al~ property in the second part shall be divided among my children in such manner as my executor shall direct. The decision of my executor shall be conclusive and binding on all persons) interested in my estate. Any item of personalty passing to a minor under this Section 4.2 may be delivered to the minor or to any person to hold for the minor, as my Executor thinks ad~sable, and the receipt by any such persons, including the minor, shall constitute a fu 1 and complete discharge to my Executor. 5. DISPOSITION OF RESIDUARY ESTATE. 5.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my spouse, if she survives me. 5.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death, I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") to my children, in -~~ I-~t. ~ Thomas Teneyck LPA/estate Planning/ClienvTeneyck/Wi11.Thomas.revised June 22, 2010 equal shares; PROVIDED THAT, if any of my children shall predecease me leaving issue, then I leave the share of that deceased child to his or her issue, per stirpes. 6. POWERS OF ADMINISTRATION. 6.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 6. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 6.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate or trust, however received and acquired, for so long as they deem appropriate. This power maybe exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately lazge amount of the value of my estate invested in one type of property. 6.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or into the trust corpus at or after my death. The sale, transfer, or conveyance maybe by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 6.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate or in the trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments aze not of the character or proportions authorized by applicable law for the investment of the funds. 6.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate or in the trust corpus to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 6.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in Beazer form. ~--~ 3 ~ Thomas Ten yck LPP/estate Planning/ClimKfeneyclc/Will.Thomas.revised June 22,2010 6.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 6.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 6.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate or the trust corpus may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. 6.10 Emulovment of Aeents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 6.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate or of the trust without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 6.12 Third Party Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 4 ~ J -P L Thomas Teneyck LPP/es~te Pladning/CGenVTeneyck/WiIL'Chonras.revised June 22, 2010 6.13 Charitable Donations. In the event that any of my tangible personal property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s) as an inheritance tax deduction for any inheritance tax return which maybe required to be filed as a consequence of my death. 7. PAYMENT OF DEATH TAXES. 7.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 7.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. 8. EXECUTOR. 8.1 Anaointment. I name, constitute, and appoint my son, CHRISTOPHER TENEYCK, as executor of my estate. If my son shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment, my daughter, MEGAN SACCHETTI, shall act as executor in his place. 8.2 Boud Not Required. None of the individuals named in Section 8.1 shall be required to fiunish a bond for the faithful performance of his or her duties as executor. 9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, (1) my spouse shall be deemed to have survived me unless it unmistakably appears by proof that she predeceased me; and (2) in all other cases, a person shall not be deemed to have survived me or another person if he or she dies within sixty (60) days of my death or of the death of the other person. 10. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the executor. My executor may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. .~--- Thomas Teneyck 11. INTERPRETATION. 11.1 Will Not Contractual. My spouse and I are executing Wills at approximately the same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will of each of us is revocable at any time, whether before or after the death ofthe other spouse, at the sole discretion of the spouse making the Will. 11.2 Successors of Fiduciaries. All pronouns referring to an executor or trustee and the terms "executor" and "trustee" shall be construed to mean any person acting as my executor, co- executor, co-trustee, trustee, or administrator, as the case maybe. 11.3 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singulaz, and the gender ofpersonal pronouns shall be construed as either masculine, feminine, or neuter. 11.4 Headings. All headings used in this Will to describe the contents of each article, pazagraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 11.5 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting o eight (8) ewritten pages which beaz my signature for the purpose of identification, this ~~ay of 2010. ~~ THOMAS TENEYCK, Testator Signed, sealed, published and declared by the above-named Testator, , as and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. W ness Witness x331 Mav~et S}~ree.1- Address eavnv I-I-iI l , ~,4 1~~1( Address 6 tPP/estate Plamiing/ClienvTeceyck/WiI1.Thomas.~evised Jame 22, 2010 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 I, THOMAS TENEYCK, THE TESTATOR, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND TESTAMENT; THAT I SIGNED IT WII.LINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AF~IRMED TO ACKNOWLEDGED BEFORE ME BY THOMAS TENEYCK THE TESTATOR THIS 2 DAY OF 2010. OOMMONYYEALTH F SYLVMITA Na1wIM seal Deborah L Brgmeman, Nahry Publk Camp HW 8~0, QNaberlaaa Q7Y111y My Camawbn Fi~ala.>txle 18, 2014 Member, PetmsAvaMa Asapaatwn d Notarks COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 ,--~ THOM S TENEYCK, TESTA O N TARY PUBLIC ~,~SCi~a S'hu.~ I AND A\ (',~-•,~„ L. ~c,.~e~pr-S THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS LAST WILL AND TESTAMENT; THAT HE 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 TESTATOR WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. ~7 ~ WORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS a 3 DAY OF -~ QL.K-~. , 2010. CIDMMON L F P VMUA NadAal Seal Deborah L Brenneman, awmry thAtac Came Fall Bo% Qanbedand County My Carra1111abn ~ ]une 18, 2014 Member. PenttsVNaMa Jlasadatlon of Nofatiea 11~ydc Cdi ., WI~TESS WITNESS OTARY PUBLIC