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DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
ESTATE OF MARY ELLEN BORGES, DECEASED
No. 21-09-0063
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rale 6.9 /
This form may be used in all cases involving theAudit of theAccount of a Decedent's Estate. Ifspace
is insufficient, riders may be attached. Attach the spouse's election, ifany; the papers required under
items 8-19 inclusive; and any instrument pertinent to the adjudication.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel:
No V. Otto III, Esquire
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Name of Law Firm:
MARTSON LAW OFFICES z~ ~ rn---
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Address: 10 East High Street, Carlisle, PA 17013 0 ~' ~
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Form oc-ot rev. ro. ~s.os Page 1 of 8
Estate of Mary Ellen Borges, Deceased
1. Name(s) and address(es) of Petitioner(s):
Name. Donald W. Rich, III
Address: 63 Colfax Road
Havertown, PA 19083
Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement
of Proposed Distribution and state reason:
Is this the first accounting by this fiduciary? .................................... ®Yes ^ No
Ifnot, identify prior accountings, the accounting periods covered, and the date of adjudication of the
prior accounting.
2. Decedent died on January 15, 2009.
® Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on
January 21, 2009
Date of Will (f applicable): August 18, 1998
Date(s) of Codicil(s) (f applicable): October 2, 2002
Date of probate (if different from date Letters granted):
Was a bond required? ^Yes ®No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ..................... ®Yes ^ No
Dates of advertising of the grant of Letters:
The Sentinel: February 11, 18 & 25, 2009
Cumberland Law Journal: February 13, 20 & 27, 2009
3. Was decedent survived by a spouse? ...................................... ®Yes ^ No
If yes, name of the surviving spouse: Wayne H. Borges
Fam OC-01 rev. /0. 13.06
Page 2 of 8
Estate of Mary Ellen Borges, Deceased
4. Has the surviving spouse filed to take an elective share? ....................... ^Yes ®No
(See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code)
If yes, date of election:
5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of
deceased children (f none, so state):
6. Did decedent marry after execution of Will or Codicil(s)? ..................... ^Yes ®No
Were any children born to decedent after execution of Will or Codicil(s)? ........ ^Yes ®No
If yes, give names and dates of birth:
Name: Date ojBirth:
7. If required by the Medical Assistance Estate, Recovery Act,
62 P. S. § 1412, was a request for a statement of claim sent to
the Department of Public Welfare? ....................................... ^Yes ®No
8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given
to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item
10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below
has been or will be given to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names and
addresses of the parties receiving such Notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses
of the parties receiving such Notice shall be submitted at the Audit together with a statement
executed by a Petitioner or counsel certifying that such notice has been given.
C. If any person entitled to Notice is notsui juris (e.g., minors or incapacitated persons), Notice
of the Audit has been or will be given to the appropriate representative on such party's
behalf as required by Pa. O.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will also be given to
the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attomey
General's clearance certificate (or proof of service of Notice and a copy of such Notice)
Form oc-0t rev. ro. 13.06 Page 3 of 8
Estate of Mary Ellen Borges, Deceased
must be submitted herewith. or at the Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge,
having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as
intestate heirs if there is a complete or partial intestacy:
A. State each party's relationship to the decedent and the nature of each party's interest(s):
Name and Address of Each Party in Interest Relationshio and Comments. ifanv Interest
Donald W. Rich, III Son Estate residue per Items
63 Colfax Road 3 & 4 of Will
Havertown, PA 19083
Toni Rich Bonnette Daughter Estate residue per Items
306 Kings Highway East 3 & 4 of Will
Haddonfield, NJ 08033
John K. Rich Son Balance of unpaid
17119 Carriage Dale Court advance, per Item 3 of
Spring, TX 77379 Will. Personal property
per Item 4 of Will.
B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such
party, give date of birth, the name of each Guardian and how each Guardian was appointed.
If no Guardian has been appointed, identify the next of kin of such party, giving the name,
address and relationship of each.
C. State why a Petition for Guardian/TrusteeAct Litem has or has not been filed for this Audit
(see Pa. O.C. Rule 12.4).
D. If distribution is to be made to the personal representative of a deceased party, state date of
death, date and place of grant of Letters and type of Letters granted.
10. Other than the claim for the family exemption, list the names of all known claimants and the amount
of their claims and state whether each claim is admitted.
Name and Address ojEach Claimant Amoant ojClaim Claim Admitted? Will Claim Be
Paid in Full?
None ®Yes ®Yes
^No ^No
Favm oc-ot rev. ro. 13.06 Page 4 of 8
Estate of Mary Ellen Borges, Deceased
If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and
the proposed payments.
11. Was family exemption claimed? .......................................... ^ Yes ®No
Was family exemption allowed? .......................................... ^ Yes ^ No
Family exemption claimant's name and relationship:
Name: Relationship:
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid,
the date(s) of payment(s), and the interest(s) upon which paid, are as follows:
Date Payment /nterest
April 13, 2009 5,000.00
June 22, 2009 2,888.71
January 12, 2010 548.42 6.69
13. On the date of death, was the decedent a fiduciary
(personal representative, trustee, guardian, agent under power
of attorney) or surety on the bond of a fiduciary? ............................ ^ Yes ®No
If yes, provide the name of the estate, indicate whether an account has been filed and confirmed
absolutely and all awards performed, or, in the alternative, how the decedent's estate will be
discharged for the decedent's fiduciary administration of the estate.
14. A. Describe in detail any questions requiring adjudication and state the position of the
Petitioner(s) as to each question:
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above? ........................ ®Yes ^ No
15. If Petitioner(s) has/have lmowledge that a share has been assigned, renounced, disclaimed or
attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any
relevant supporting documentation.
Form OC-o+ rev. % +s.o5 Page 5 of 8
Estate of Mary Ellen Borges, Deceased
16.
17
Had the decedent been adjudicated an incapacitated person? ................... ^ Yes ®No
If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and
name of Hearing Judge.
A. List or attach a separate list of additional receipts and disbursements since the closing date
of the Account.
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? ................... ^ Yes ^ No
18. If a reserve is requested, state amount and purpose.
Amount: $10,100.00
Purpose: Martson Law Offices, balance of Attorneys' fees, $4,000.00
Martson Law Offices, miscellaneous filing fees & costs $500.00
Donald W. Rich, III, balance of Executors commission $5,600.00
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? ....................................................... ^ Yes ®o
If so, attach a copy of the notice.
19. Is the Court being asked to direct the filing of a Schedule of Distribution? ........ ^ Yes ®No
As to real estate only? .................................................. o Yes ®No
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s)
that the distributive shares of income and principal (residuary shares being stated in proportions, not
amounts) are as follows:
A. Income:
Proposed Distributee(s)
Transfen ed to Principal
B. Principal:
Proposed Distributee(s)
Donald W. Rich, III
Amount/Proportion
100%
Amount/Proportion
50% of residue
5,666.66 personal property
Form OCAf rev. /o. 13.08 Page 6 of 8
Estate of Mary Ellen Borges, Deceased
Toni Rich Bonnette 50% of residue
5,666.67 personal property
John K. Rich $62,915.00, balance of unpaid loan
5,666.67 personal property
Submitted By:
(All petitioners must sign.
Add additional lines :f necessary):
Name ot~ep er: Donald Which, III
Fam oc-o+ B~. ro. +s.oe Page 7 of 8
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Estate of Mary Ellen Borges, Deceased
Verification of Petitioner
(Verification must be by at: least one petitioner.)
The undersigned hereby verifies that he is the Executor of the above-named Estate and that the facts
set forth in the foregoing Petition for Adjudication/ Statement of Proposed Distribution which are within the
personal lmowledge of the Petitioner aze true, and as to facts based on the information of others, the
Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities).
Donald .Ric , I, Executor
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of
Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme
Court, and that no changes to the form have been made beyond the responses herein.
No V. Otto III, Esquire
Counsel for Petitioner
Fam oc-o~ rev. ro. ts.os Page 8 of 8
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PROOF OF PUBLICATION OF NOTICE
1N CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
February 13, February 20 and February 27, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and chazacter of publication are true.
U Lisa Marie Coyn~, Editor
SWORN TO AND SUBSCRIBED before me this
27 day of February, 2009
Notary
Homes, Diary ffilea, decd.
Late of the Borough of Carlisle.
Executor: Donald W. Idch, III c/o
Manson Law Offices, 10 East High ~ tJ07ARIAl SEAL
Street, Carlisle, PA 17013. DEBORAH A COLLINS
Attorneys: Iw V. Otto, III, Esquire, Notary Public
Martaon Law Offices.
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2070
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PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid,
being duly sworn, deposes and says that THE SENTINEL, a newspaper of general
circulation in the Borough of Carlisle, County and State aforesaid, was established
December 13,1881, since which date THE SENTINEL has been regularly issued in
said County, and that the printed notice or publication attached hereto is exactly the
same as was printed and published in the regular editions and issues of
THE SENTINEL on the following day(s):
February 11, 2009. February 18, 2009 and February 25, 2009
COPY OF NOTICE OF PUBLICATION
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
Sworn to and subscribed before me this
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Notary Public
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
BAMBI ANN HECKENGORN, Notary Public
Camp Hill Boro., Cumberland County
My Commission Expires January 27, 2010
IN RE: ESTATE OF
MARY ELLEN BORGES
DECEASED, LATE OF
CARLISLE BOROUGH
CUMBERLAND COUNTY,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DNISION
N0. 21-09-0063
NOTICE OF FILING FIRST AND FINAL ACCOUNT AND
PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DLSTRIBUTION
AND CALL FOR AUDTT OR CONFIRMATION
NOTICE IS HEREBY GNEN that DONALD W. RICH, III, Executor of the Estate of MARY
ELLEN BORGES, deceased, has this date filed the First and Final Account and Petition for
Ad; udication/Statement of Proposed Distribution in the above-captioned Estate in the Office of the Clerk of
the Orphans' Court in and for Cumberland County, Pennsylvania, where the same is filed as public record
and may be inspected. A copy of said Account and ' 'on as filed is enclosed.
YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Account or Petition must
be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Courthouse, Carlisle,
PA 17013, aforesaid prior to the confirmation of said Aceo and Statement of Proposed Distribution
scheduled as set forth below.
UNLESS written exceptions or objections are filed prior thereto, said A c un will be presented by
the Clerk of the Orphans' Court to the above-captioned Court in Court Room No. 1 of the Cumberland
County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, Apri127, at which time
said Account will be confirmed and distribution ordered in accordance with the Petition for
Adjudication/Statement of Proposed Distribution.
MARTSON LAW OFFICES
By: ~ •~S"
Date of Notice: Mazch 26, 2010
NOTICES TO:
Mr. Donald W. Rich, III
63 Colfax Road
Havertown, PA 19083
Ms. Toni Rich Bonnette
306 Kings Highway
Haddonfield, NJ 08033
Mr. John K. Rich
No V. Otto III, Esquire
10 East High Street
Carlisle, PA 17013
(717)243-3341
Attorney for Estate of Mary Ellen Borges
17119 Carriage Daie Court
Spring, TX 77379
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F:\FILES\Clirnts\5632 Borges158326s[aze\5832.4.ecrouncfortnal ~ 51 f~ ~ go~~ 3~
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO. 21-09-0063
FIRST AND FINAL ACCOUNT OF DONALD W. RICH, III,
EXECUTOR OF THE ESTATE OF MARY ELLEN BORGES,
LATE OF CARLISLE BOROUGH
CUMBERLAND COUNTY, PENNSYLVANIA
Social Security Number:
Tax ID Number:
Date of Death:
Date of Incapacity, if any
Date of Executor's Appointment:
Letters Advertised:
S n el -
Cumberland Law Journal -
Accounting for the period:
396-12-3662
26-6744242
January 15, 2009
None
January 21, 2009
February 11,18 & 25, 2009
February 13, 20 & 27, 2009
January 15, 2009 -February 28, 2010
Purpose of the Account: Donald W. Rlch, III, Execator, offers this account to acquaint
interested parties with the transactions that have occurred during the administration.
It is important that the Account be carefully examined. Requests for additional information
or questions or objections can be discussed with:
No V. Otto III, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Supreme Court No. 27763
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SUMMARY OF ACCOUNT
Page
No.
PRINCIPAL
Receipts
Net Gains (Losses) on Disposition
Less Disbursements
Debts of Decedent
Funeral Expenses
Administration Expenses
Federal, State & Local Taxes
Fees and Commissions
Total Disbursements
Balance Before Distributions
Distributions to Beneficiaries
Principal Balance on Hand
INCOME
Receipts
Less Disbursements
Income Balance on Hand
COMBINED BALANCE ON HAND
3
3&4
3
3&4
4
4
4
4
4
4&5
Fiduciary
Acquisition
Value
$ 236,830.16
0.00
$ 236,830.16
11,756.88
7,535.98
805.16
8,443.82
18.100.00
$ -46.641.84
190,188.32
-45,838.00
$ 144,350.32
5 $ 1,259.86
5 -1259.86
5 0.00
$ 144.350.32
-2-
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PRINCIPAL RECEIPTS
Merrill Lynch Investment account # 713-20609 98,906.09
Citizens Bank IRA # 6140888085 1,506.83
Citizens Bank IR.A # 614176123 507.59
Met Life Annuity # 1035707BSA, beneficiary estate 43,105.99
John K. Rich, balance of 10/21/89 note 62,915.00
Miscellaneous cash receipts 2,280.00
Highmark, refund of premium 76.80
Long Term Care Insurance benefit 9,272.00
Personal property retained by heirs 17 000.00
Income transferred to principal 1.259.86
TOTAL PRINCIPAL RECEIPTS: 236,830.16
PRINCIPAL DISBURSEMENTS
DEBTS OF DECEDENT
02/25/09 Sarah A. Todd Memorial Home, Account payable 11,756.88
Total 11,756.88
FUNERAL EXPENSES
02/25/09 Ewing Brothers Funeral Home, Carlisle, PA 4,259.01
02/25/09 Toni Bonnette, reimbursement of funeral expenses paid 402.18
02/25/09 Dickinson College, funeral reception 980.79
04/11/09 Boiling Springs Tavern, family funeral reception 850.00
OZ/I 1/10 Eby Granite Works, grave marker 1,044.00
Total 7,535.98
ADM~IIST RATION EXPENSES
02/25/09 Ziegler's Moving & Storage, storage fees, Feb/Mar 72.00
04/13/09 Ziegler's Moving & Storage, dispersal of personal property 54.00
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Various Martson Law Offices, disbursements
Register of Wills, probate fee 267
00
Cumberland Law Journal, advertising Letters .
75.00
The Sentinel, advertising Letters 198
16
Short Certificates .
24
00
Filing fee, Inheritance Tax Return .
15
00
Register of Wills, additional probate fee .
100.00 679.16
Total
FEDERAL. STATE LOCAL TAXES 805.16
04/13/09 Register of Wills, Agent, partial Inheritance Tax pa
ment
y 5,000.00
06/22/09 Register of Wills, Agent, balance of Inheritance Tax due
2,888.71
1/12/10 Register of Wills, Agent, additional Inheritance Tax due
555.11
Total
FEES AND COMMI SIONS 8,443.82
03/10/09 Donald W. Rich, III, partial Executor's commission
4,000.00
01/22/10 Martson Law Offices, partial attorneys' fees 4,000.00
Reserved Martson Law Offices, balance of attorney's fees (estimate) 4 000.00
Martson Law Offices, miscellaneous filing fees & costs 500.00
Donald W. Rich, III, balance of Executor's commission _5.600.00
Total
18,100.00
TOTAL PRINCIPAL DISBURSEMENTS:
46,641.84
PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES
To: Donald W. Rich, III:
Cash, per Item 3 of Will:
Personal Property, per Item 4 of Will: 14,419.00
5.666.66
To: Toni Rich Bonnette:
Cash, per Item 3 of Will: 14
419
00
Personal Property, per Item 4 of Will: ,
.
_ 5.666.67
To: John K. Rich:
Personal Property, per Item 4 of Will: 5 666.67
TOTAL PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES:
20,085.66
20,085.67
5.666.67
45,838.00
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PRINCIPAL BALANCE ON HAND
Value at Fiduciary
(12/3!/09) Acquisition
John K. Rich, Note Value
62,915.00 62,915.00
Cash, Citizens Bank checking & savings accounts (less
reserved disbursements)
81.435.32 81,435.32
TOTAL PRINCIPAL BALANCE ON HAND
144,350.32 144,350.32
RECEIPTS OF INCOME
Merrill Lynch account # 713-20609, cash
976.32
Merrill Lynch account # 713-20609, interest through closing
6.56
Citizens Bank IRAs, interest through closing
12.51
Citizens Bank, estate account # 622369-602-0, interest through 12/30/09 237.33
Citizens Bank, estate account #622369-601-2, interest through 12/30/09 27.14
TOTAL RECEIPTS OF INCOME 1,259.86
DISBURSEMENTS OF INCOME
Transferred to principal 1,259.86
TOTAL DISBURSEMENTS OF INCOME 1,259.86
DISTRIBUTIONS OF INCOME TO BENEFICIARIES
None
0.00
TOTAL DISBURSEMENTS OF INCOME TO BENEFICIARIES $ 0.00
Donald f the
Will of Mary Ellen Borges, Deceased
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VERIFICATION
Donald W. Rich, III, Executor of the Will of Mary Ellen Borges, deceased, hereby declares
under oath that he has fully and faithfully dischazged the duties of his office; that the foregoing First
and Final Account is true and correct and fully discloses all significant transactions occurring during
the accounting period; that all known claims against the Estate have been paid in full; that, to his
knowledge, there aze no claims outstanding against the Estate; that all taxes presently due from the
Estate have been paid; and that the grant of Letters Testamentary and the first complete
advertisement thereof occurred more than four months before the filing of the foregoing First and
Final Account.
This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Dated: ~~q~-~-~"~ Z~ 26! O
Donald V ~ 'ch, II
-6-
SCHEDULE OF PROPOSED DISTRIBUTION
Donald W. Rich, Executor of the Last Will and Testament of Mary Ellen Borges, deceased,
proposes to distribute the balance in his hands, to wit: $174,232.32, in accordance with the said Last
Will and Testament as heretofore filed in the Office of the Register of Wills of Cumberland County,
Pennsylvania, as follows:
TO: Donald W. Rich, III, per Item 3 of said Will:
Cash:
TO: Toni Rich Bonnette, per Item 3 of said Will: 40,717.66
Cash:
TO: John K. Rich, per Item 3 of said Will: 40,717.66
In Kind: balance of unpaid advance 62,915.00
TOTAL BALANCE FOR DISTRIBUTION
$144,350.32
STATEMENT OF THE REASONS FOR TH PROP SED DI TRIBUTION
The above distribution is proposed in accordance with the Last Will and Testament of Mary
Ellen Borges.
Donald xecu
Sworn ands scribed to before me this~~~
day of ~~ ,~,~ n /~
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Notary Public
[attach copy of Wi11J
'-~M~~o1~WEAL77~1 OF ~NNSYLVANI,q
NOTARIAL SEAL
VicWria L, Otto, ]Votary, Public
Carlisle Borough, Cumberland ~~y
My commission expirot Decemher 10,1010
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P'~FILES~DATAF°.E\Ecnte Plennin8~583I4-cod'xd.l
CODICIL
I, MARY ELLEN BORGES, of 1228 White Birch Lane, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and
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 by me to John
Krause Rich" in Paragraph 3 thereof. In order that this matter will be resolved among my children
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, I 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.
2. 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~' day of October,
2002.
(SEAL)
Mary Ellen rges
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.
~~_ L~~~~
Page 1 of 2 Pages
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ~ SS.
We, Mary Ellen Borges, _ /vo 1/ O-~~ m~ and
_ V1C~ar'r~ ~ D,yb
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 of the 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<y Eiietnsorges, Testatrix 4--'
.. iu1GJA'
G ~+
Witness
Subscribed, sworn to and acknowledged before me by Mary Ellen Borges, the Testatrix, and
subscribed and sworn to before me by /yo
~~ 7rTl~ and
~~ ~~~~`~ ~ " ~''y~ ,the witnesses, this 8`" day of October, 2002.
d_ Lt
o Public
N07ARIAL SEAL
CORRINE L. MYERS, Not Pub
Carbate Boro. Cum
Commission E ~ ' Ma 27,
Page 2 of 2 Pages
F:~F4.H31DATAF71,L~4WR.LS13p21.WNrLe
ORIGINAL RlTAORp R!'t
tAN OFPMER
~~ dib~aoK, 2rtdo.~f ~h~tlYta,N, 8 ~~tlo
A lROI~7pONAL nCR!'GRMIGN
TRN RAfT NION fTRRlT
CARUN.L M IIM7
LAST WIL.i. A11T1) TF.CTAM>~tvm nnl>tawl
- -
I, MARY ELLEN BORGES, of 1228 White Birch Lane, Cazlisle, 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.
1.
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any
Property) shall be paid from my residuary estate as soon as practicable after my decease and as part
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 acla-owledge 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 LII~TDA M. RICH shall
be offset against the share 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 awarded 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 IOHN 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~t'3¢
M.E.B.
r
In the event he shall be unable or unwilling to serve in such capacity, then I appoint my daughter,
TONI 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 regard to any or all property of any fond 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 shares in property different is 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 j ~* da of
y
1•t~t,Csst , 199
t! ~'~~~ '"P ;SEAL)
' Mary Ell orges
SIGNED, SEALED, PUBLISHED AND DECLARED by theabove-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.
-~_.
( it
Page 2 of 3 Pages
3
CO1bIIvIONWEALTH 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 aclrnowledge 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 .
Sworn or ed to and aclrnowledged before me by Mary Ellen Borges, the Testatrix, this
~ ~ day of T , 1995.
Notary Public
COMMONWEALTH OF PENNSYLVANIA ) conin. L. Myere~ N~alary Pubpc
cadiale eoro, Curnbsrtand
$ My Commlesion Expires May 27, 1
COUNTY OF CUMBERLAND ,(~
We, ~ Gf'1 r'S G ~.. /" y'E_. and ~Ml~~a
the witnesses whose names are 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 instrument as her Last Will; that the Testatrix signed willingly and that the
Testatrix executed it as hea 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.
y
Address
l1S/P. I -7,~~ ~
Addt~ess ~ . ; yF. ~~ ~ -~.~ ~ ~;, ~. , t
Sworn or affirmed to and subscribed before me this ~ g~ day of /q'~c~u.C~' , 199
No ary Public
Notarial Seal
Corrine L. Myers, Notary Pubflc
Carllale Bono. Cumberland Coumy
Page 3 of 3 Pages My Commre,ion Expires May 27, tASs
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