The URL can be used to link to this page

Home My WebLink About07-17-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE THE ESTATE OF: LUCILLE TICHONEVICZ, NO: Deceased Request for Hearing in front of Register of Wills PETITION TO ADMIT COPY OF DESTROYED WILL AND NOW, comes Cindy L. Villanella, Esquire, on behalf of Michael Tichonevicz and Diane Nell, and represents the following in support of her Petition: 1. Lucille Tichonevicz, a Cumberland County resident,passed away on May 28, 2015. 2. Prior to her death, Ms. Tichonevicz had this counsel prepare a Last Will and Testament which was executed by Ms. Tichonevicz on September 13, 2010 in front ry of two witnesses, a notary and Ms. Tichonevicz's two children, Michael 7khonevicCe;nd m o m C Diane Nell. A copy of the Last Will and Testament is attached hereto anAinpWrat herein as "Exhibit A." T ? yam C) rm7 ca -Y 3. The original Last Will and Testament was retained by this,:counsel ani C—�'-> c� m placed in the storage room used for inactive files. C—) v' 4. The storage room flooded during major storms in September,2011 and all files were destroyed, including the original Last Will and Testament of Ms. Tichonevicz. 5. Michael Tichonevicz and Diane Nell are named as personal representatives under the Last Will and Testament, and, as such, are requesting that the copy of Ms. Tichonevicz's Last Will and Testament be admitted for probate. WHEREFORE, it is respectfully requested that a hearing be scheduled in front of the Register of Wills for the admission of a copy of the deceased's destroyed Last Will and Testament. Respectfully submitted, m L. ' anella, s ire Stq # 202325 875 Market Street Lemoyne, PA 17043 (717)761-1274 VERIFICATION I,Michael Tichonevicz,verify that the facts included in the within petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 7 �� vis Date: a� Michael Tichonevicz VERIFICATION 1,Diane Nell, verify that the facts included in the within petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S_A. §4904 relating to unsworn falsification to authorities. Date: -71 L�Po I Diane Nell 4k A LAST WILL AND TESTAMENT OF LUCILLE TICHONEVICZ I,LUCILLE TICHONEVICZ,of 3811 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind,memory and understanding, do make, publish and declare this to be my Last Will and Testament,hereby revoking and making void all previous Wills and Codicils.heretofore made by me. FIRST I order and direct my personal representative hereinafter named to pay all of my last illness; just debts, funeral expenses and expenses.involved or connected with the administration of my estate as soon after my death as is reasonably possible. However,my personal representative need not accelerate and pay those unmatured obligations which,in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death,I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave,and to expend sums from my estate for this purpose. SECOND I give,devise and bequeath my estate, together with all insurance.proceeds thereon of whatever nature.and whatsoeversituate to my children,MICHAEL TICHONEVICZ and DIANE NELL in equal shares. Page ] of 7 r✓�� rf�� THIRD Should my children,NUCHAEL TICHONEVICZ and DIANE HELL,predecease me or die on or before the sixtieth(60`f')day following my death,then I give,devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my grandchildren, CHRISTOPHER BURD, GREGORY BURD,MEGAN TICHONEVICZ,and CHRISTINE TICHONEVICZ. FOURTH I direct my personal representative to divide among such beneficiaries all personal:property of a sentimental or family nature(excluding cash, stocks,bonds and the like), including but not. limited to jewelry, household goods,antiques, furniture and memorabilia,in accordance with a separate memorandum which.I may place with my will or deposit with my attorney. In the absence of such disposition by memorandum,I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for thea-personal preferences in as.nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective .recipient. If the said beneficiaries do not agree to the division of the personal property provided :f'or hereunder, the item(s)is to be sold at a public or private sale and the proceeds therefrom shall be distributed as provided for herein. FIFTH I grant my personal representative the following powers in addition to and.not in limitation of such powers as my personal representative shall hold by law: (a) To retain all property received.including the stock of any corporate fiduciary acting hereunder,provided such property remains productive. Page 2 of 7 (b) To join in any corporation,partnership,recapitalization,merger, reorganization or voting trust plan;to delegate authority with respect thereto; to deposit investments under agreements and pay assessments;and generally to exercise all rights of investors,including but not limited to, the voting of shares. (c) To manage,operate,repair, improve,mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that 1 may own at my death. (e) To invest any funds of my estate in any stocks,bonds,notes or other securities or property,real or personal,without regard to the principle of diversification or any other statute or general rule of law in his,her or its absolute discretion,it being my intention to give my personal representative the broadest investment powers possible,providing such investments do not unnecessarily prevent the prompt settlement of my estate. (t) To sell or otherwise dispose of any property,real or personal,tangible or intangible, at any time forming a part of my estate in any.manner and on such terms and conditions as my personal representative shall see fit in his,her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate,and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including,but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. Page 3 of 7 (i) To distribute in cash or.in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general,to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to lura,her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this,my Last Will and Testament. SIXTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge,assignment, sale or transfer in any manner,nor shall any beneficiary have the power in any manner to charge or encumber his.interest either in income or principal,nor shall the interest of any beneficiary, while in the possession of my personal representative,be subject to liability for such beneficiary. SEVEN'T'H I nominate,constitute and appoint my children, MICHAEL TICHONEVICZ and DIANE NELL, acting together, as personal representatives of this my Last Will and Testament.. In the event that one of my children predecease me,the remaining child shall act as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. Page 4 of 7 EIGHTH I hereby declare it to be my expressed desire that my personal representative employ Cindy L. Hribal,Esq, of the law firm Carrucoli &Associates Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument,the administration of my estate,and the execution of the powers herein mentioned. IN WIT-NESS WHEREOF,I have hereunto set my hand to this my Last Will and Testament this day of � ,201 0. WITNESS: 40 LUCELLE TICOHO"Cz Page 5 of 7 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA Ss COUNTY OF CUMBERLAND 1,LUCILLE TICHONEVICZ, the testatrix whose name is signed to the attached or foregoing instrument,having been duly qualified according to law,do hereby acknowledge that I 0 signed and executed the instrument as my Last Will and Testament;that I signed it willingly, and that I signed it as my fi-ee and voluntary act.for the purposes therein expressed. LUCILLE TICHONffZ Sworn or affirmed and acknowledged before me by LUCILLE 11CHONEVICZ the testatrix this lzl�' day of NOTARIAL SEAL CAROLANN WENDLAND,NOTARY PUBLIC Hampden Tovvnshlp,Cumberland County My Commission Eypiles April 23,2011-1 Page 6 of AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We. tL'� zz' the and witnesses whose names are attached to the foregoing document,being duly qualified according to law,do depose and say that we were present and saw testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and ID -voluntary act for the purposes therein expressed;that each subscribing witness in the hearing and sight of the testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge,the testatrix was at the time 18 or more years of age,of sound mind and under no constraint or undue influence. Sworn or affin-ned and subscribed before me by CA CA C. 0 t 1 b and �n of this day of:fL 2010. NOTARIAL SE-Al. k`—t.�i--4-,. CAROUk,'4NWENDLAND,NOTARY PUBLIC Hampden Tovva.Nhip,Cumberland Courry CAMIKMII Form 2 Page 7 of 7