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Home My WebLink About01-21-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARY ELLEN BORGES also known as Deceased Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'R' BELOW.) File Number 21 - -f 09` ~)(o~ Social Security Number `~~ 6 - ~Z 366'Z ^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor last Will of the Decedent dated 8/18/98 named in the and codicil(s) dated 10/08/02 (State relevant circumstances, e.g., rercuneiation, death ofexecutoq 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 of Administration (lfapplicable, enter c. t.a.,' d. b.n.c t. a.; pendente lice; durance absentia; du re minoritate,~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the followin s ouO ~ ` Administration,c.t.a.ord.b.n.¢t.a..enter date of Will in SectfonAabo ve and complete last ofheirs.) 8 P _$8t(.t~any)~ heir&~r". r..; tV Cl Name Relationshi -- Resid' -- ~ i T_ __ ~ b •• IU (COMPLETE LN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland 'odd Circle „__„_,_ County, Pennsylvania, with his /her last (List street address, [ou=n/city, townsltlp, county, state, residence at Decedent, then 84 years of age, died on 1/15/09 at 2 Todd Circle lisle Carlisle Borou h PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 100 000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania m situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of [he last Will and Codicil(s) presented with this Petition and the grnnt of Letters in the appropriate form to the undersigned: Signature Donald W. Rich, III Typed or printed name and residence Fnrmaw-oz reg. tn.t3.or; Page 1 oft 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 [o the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and Imly administer the estate according to law. Sworn to or affirmed and subscribed fore me the ~j day of Signature ofPersorsal Represenlative Donald W. Rich, Signature of Persona[ Representative ~~! '~FOr flee Register ( 1 Signature of Persona( Represenrattve ~/ n -- O o -"t _5 -, t_ ,,, File Number: 21 - a200cJ - 00(03 - ~ N Estate of MARY ELLEN BORGES ~ ~~ '- _ ;c7 "~ , Deee~ed ~ _ `7 pp,, Social Security Number: 0 3l~ ~2 3b6 Z p --r D ' tv %i 1 ate of Death: 1/15/09 ~ ~ AND NOW, C1~ 2009 , in consideration of [he foregoing Petition, satisfacto having been prese d before m I IS DECREED that Letters Testamentary ry proof are hereby granted o Donald W. Rich III and that [he instrument(s) dated 8/18/98 and 10/8/02 in [he above estate described in the Petition be admitted to probate and filed of record as the last W~11(and odi il c (s)) of l;edent. , ~ FEES f' ~. / ~2/U, u' Letters ............................. $ e i t W ' 7i . g s of ills ~ c /j 6" Short Certificate(s) $ ~~ '/"' t•C ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ A ~~ t[omey Signature: Renunciation s) ................ $ ~ l $ ~~ ~ Attorney Name: No V. Otto III AJ CLc C, I .... $ ~~rUu C $ (~,~; Supreme Court I.D. No.: 27763 ~~ ~~~~ $ 5~w Address: lOEastHiQhStreet .... $ ..,, $ Carlisle ~~ $ PA $ 17013 $ Telephone: 717-243-3341 TOTAL ............................. $ ~ DO Form RW-02 rev. ]OJ3.06 Page 2 of 2 OCAL REGISTRAR'S CERTIFICATION OF DEATH ~~ ~3 WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certifica(e, $6.Op P 15093668_ Certification Number ~MOSiaa REV xrzror 1TPE/PRIM Irv PEIOApNEM aucn lxx This is to certify (hut the information here given is correctly copied from an original Cenifica[c of Death duly filed with me as L~~all Registrar. The original certificate will be ibrwarded to the Slate Vital Records Office IiTr permanent filing. ----~•~~~u~~JAt~! 162009 Local Registrar Dale Issued ~ r~ ca _ O o w _:~+~~ Js °~ r_ " CJ ..'-n N _ J i-, ,_~ "V 3 -~ ;~ L COMMONWEAL ZJ `7 TH OF PENNSYLVANIA • DEPARTMENT OF HEALTH. VITAL RECORDS ~ ••- - ' ' ~ CERTIFICATE OF DEATH N (See Inekucrlone antl ecamplee on roverBe) STATE FILE NUMBER 2 Sev 3.SwYIBwlt)NUnbp F 396 -72 J. pal•olpep, ManOV hY YOa~ E p.mda - 3662 January 1 5 2009 I / / Rmp31: rarer 11 20 1924 Oshkosh, WI n.__... ,~_. _ .r. A Wayne H. Bon rie. MmnmdpmyM ~ ^ aa~ ~E~'w.q.O Bmnwm tiamsw 3 • EM.swM.n F.rb~„wuw,mra n.. ~. rn im w,mV gmlbErlatld 2 Todd 01 IInl9 Pail: M. y e ~n~,Alty` _. m e. 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B.ImT,.aWm~ QYN ~[° III: FN pxx M ru mWtllpF Nau.1 PA 17013 .. ,.,..~.., u , rad,m Leda, PA e, PA 17013 ~~° uu,Mmm r n~:l.: ------ ^ NmmgmddEn RM r., ^ Pmywanm.daam ^ xa Piynml, wlmrowNdra, ce a n d ENN 4_p<emm~ W V,mTSA ULeyb t)wr omwipP.dm p .(y I _ ximw NmM~ rw'~ Olb 24tc hhl w ^~ ]31 N~a 5~ ~MmAA Ery.Yael~ Jtn IL , 1ve 541~n. ~ f ^ ri.~p I r.V,a. LZ.f`~p0. f L F:\WLES\~AiAFILE\WILLS\5832J. WIIJcIm LAST WILL AND TESTAMENT ~C7 C~ "'J I, MARY ELLEN BORGES, of 1228 White Birch Lane, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ~~ h, n <~ s~ ~o , 1. 'i i I direct that all my legally enforceable debts, funeral expenses, testamentary erses~d all inheritance taxes (whether such taxes may be payable by my estate or by any r~cipieht of~'ny '' property) shall be paid from my residuary estate as soon as practicable after my decease and as~art ' `~'~ of the administration of my estate. My personal representative shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. I direct that my personal representative shall fully acknowledge and honor a certain Antenuptial Agreement dated May 16, 1986, as amended, between my husband, WAYNE H. BORGES, and me. 3 I direct that any advances made by me to JOHN KRAUSE RICH and LINDA M. RICH shall be offset against the shaze of JOHN KRAUSE RICH in my estate. If his share of the estate is insufficient to equal same, then the remainder of my estate shall be awazded equally to DONALD W. RICH III and TONI RICH BONNETTE. 4 Subject to Paragraph Three above, all the rest, residue and remainder of my estate, both real and personal property, I give, devise and bequeath, in equal shares, unto my children, DONALD W. RICH III, TONI RICH BONNETTE and JOHN KRAUSE RICH, absolutely. 5. I nominate, constitute and appoint my son, DONALD W. RICH III, as Executor of my estate. Page 1 of 3 Pages c~~F~¢ M.E.B. In the event he shall be unable or unwilling to serve in such capacity, then I appoint my daughter, TOM RICH BONNETTE, to act in such capacity. 6. I direct that my personal representative shall not be required to file a bond to secure the faithful performance of his or her duties in any jurisdiction. 7. I authorize and empower my personal representative, in his or her sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regazd to any or all property of any kind forming a part of my estate for such terms and such prices as he or she may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shazes in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my personal representative considers desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my personal representative shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. /~ IN WITNESS WHEREOF I have hereunto set my hand and seal this I ~~ da of ~(~i'rI,C~St , 199$ J`"f y U -y ~~r - SEAL) Mary Ellet~orges SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. ~~ a" is ~ , lA ~. i•~.,.-,, (.~t~- ,; Page 2 of 3 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ~ I, Mary Ellen Borges, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Mary Ellen '' f ges ' 6 ~raL--- `~~ Sworn or ~ ed to and acknowledPed before me by Mary Ellen Borges, the Testatrix, this day of al'~ST , 19915. Notary Public Notarial Seal COMMONWEALTH OF PENNSYLVANIA Corrine L. Myers, Nota Public ) Carlisle Boro, Cumberland County S , My Commission Expires May 27, 1999 COUNTY OF CUMBERLAND 1 We, ~C.YtiSG `... /yY'~ and_~[~~a~ ]. firr~.~~'l _ the witnesses whose names aze signed to the attached or foregoing instrument, being my qualified according to law, do depose and say that we were present and saw Mary Ellen Borges, the Testatrix, sign and execute the instrtument as her Last Will; that the Testatrix signed willingly and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix, signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Address ~ ~ {~- ~~~~ AddteS3 / ~~ ~ /. 1 Y r ~~f i ~ , . / / •. .7 Swom or affirmed to and subscribed before me this ~ g~ day of ~~c~•t~~t , 199 ,...C JC_ ~(,J No ary Public Notarial Seal Corrine L. Myers, Notary Public Carlisle Boro, Cumberland County Page 3 of 3 Pages My Commission Expires May 27, 1999 ._ _•, F:IFILESIDATAFILFIFSIeIe Flanning\583Jq~odicil.l (mil - (e~3 CODICIL n I, MARY ELLEN BORGES, of 1228 White Birch Lane, Carlisle, Cumb`-~nd Comity, c.,. Pennsylvania, being of sound and disposing mind, memory and understanding, do mak~z ~blisnd -~ N declare this to be a Codicil to my Last Will and Testament dated August 18, 1998 ''` _ ~, ~ `~ -~ 1. In my said Will dated August 18, 1998, I refer to "advances made' me to~cihn ~ -1 N Krause Rich" in Paragraph 3 thereof. In order that this matter will be resolved among my children N or other beneficiaries of my estate, this phrase shall be deemed to specifically refer to an obligation signed by John K. Rich and Linda M. Rich, dated October 21, 1989, in the amount of $48,000.00, with interest at 8% per annum from April 1, 1987. Of this amount, several payments were made, leaving a principal balance of $46,979.04 as of August 1, 1990. No payments have been made since that time. By way of further explanation, on or about the month of March, 1990, John Rich applied for a mortgage to CCNB, Boiling Springs, Pennsylvania, and advised me that the lender would not approve the loan unless the judgment entered in the Prothonotary's Office of Cumberland County, Pennsylvania to No. 998 Civil 1990 was satisfied of record. Solely to accommodate John and Linda Rich, 1 agreed to do this, although a substantial balance remained with respect to this obligation. I instructed my attorneys to so mark the docket. No part of the remaining balance of this obligation has been paid since August 1, 1990 and John Rich has agreed with me to honor same. In all other respects, I ratify and affirm my said Last Will and Testament dated August 18. 1998. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8`h day of October, 2002. `~ (SEAL) Mary Ellen orges SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for a Codicil to her Last Will and Testament dated August 18, 1998, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. //GlZt 2 ~~~ o~ - C F~ ~'r Page 1 of 2 Pages ..- . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. We, Mary Ellen Borges, /~o U O+fJ TTl~ ,and V1C1ai'ia ~. Cf1o , the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as a Codicil to her last Will dated August 18, 1998, and that the Testatrix has signed willingly, and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing ofthe Testatrix, signed the Codicil as a witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~a~~~ ~, _ Mary ccEllert'~orges, Testatrix ~ Witness ~ ~~ _ Witness Subscribed, sworn to and acknowledged before me by Mary Ellen Borges, the Testatrix, and subscribed and sworn to before me by /V~ V • (~~-/~7 ~ and ~7 ('iz~~~a ~ C-f1o ,the witnesses, this 8`~ day of October, 2002. Notary Public ~ NOTARIAL SEAL CORRINE L. MYERS, Notary Public Carlisle Boro. CumberlandCounty M Commission Ez 'res Ma 27, 2003 Page 2 of 2 Pages