HomeMy WebLinkAbout10-13-08r
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1 ~1 101 11J S
& SINON LLP
Shawn D. Funk
ph (717) 231-6671
fx (717) 231-6676
sfunk@rhoads-sinon. com
FILE NO: 291$/02
October 10, 2008
Re: Estate of Evelyn B. Ulrich
Ms. Glenda Farner-Strasbaugh VIA FEDERAL EXPRESS c7 , _;
Register of Wills ~ O ~' -- ::
Cumberland County Courthouse ..' ~ r~ < ~ > =
1 Courthouse Square =~ ~~,.;~-, ._ _: ~-'
Carlisle, PA 17013 . _ ~ ~ ~ T w = _ ~ __
Cam.` ` :, ..~ ~
Dear Ms. Farner-Strasbaugh ~~ ~ ~ -~, N _ ,:'
~" ~ cry ~ ?
We are submitting to you for probate the original Will of Evelyn B. Ulrich who passed may 1
on October 3, 2008, a resident of Cumberland County. Enclosed are the following documents:
1. Original Will dated January 25, 2002.
2. Original Death Certificate.
3. Petition for Probate and Grant of Letters.
Please note that the Oath of the Executor was taken by the Register of Wills of
Dauphin County.
5. Estate Information Sheet.
6. Check in the amount of $452.00 representing payment of probate fees and the cost of
five Short Certificates.
7. Stamped, self-addressed return envelope.
We have enclosed a copy of Petition for Probate and Estate Infonmation Sheet and ask that r~
you time-stamp and return these copies to us in the envelope provided. ~~ ~. ~~-~a~~~'
If you have any questions or require additional information, please contact the undersigned.
Very truly
RHOADS &
By:
Enclosures
cc: Mr. Joseph A. Macri, M&T Bank
7]7429.1
Rhoads 6r Sinon LLP Attorneys at Law Twelfth Floor One South Market Square P.O. Box 1146
Harrisburg, PA 17108-1146 • ph (717) 233-5731 fx (717) 232-1459 • www.rhoads-sinon.com
PETITION FOR PROBATE AND GRANT OF LETTERS " ~ ~ -' ' `` '
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANI~G~~ OCT ~ ~ ~~ I2~ OS
Estate of Evelm B. Ulrich File Number O y ~ ` ~~°" O ;~~ }=,'.( (~
also known as Evelm L. Ulrich ~~PF'~ ~\r.~, r ~J~ }~T
,Deceased Social Security Number ~,r-r ~ ~ ~~^; ~~
Manufacturers and Traders Trust Comnanv, Successor to Allfirst Trust Company of Pennsylvania N A ~ '~ ' "
Pehttoner(s), who ls/are 18 years of age or older, apply(tes) for:
(COMPLETE `A' OR B' BELOW:)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last Will of the Decedent
dated January 25, 2002 and no Codicil
Decedent named her husband Samuel D. Ulrich as Co-Executor with Allfirst Trust Com an of Penns Ivania N.A. The said Samuel
D. Ulrich died January 21.2007.
(State relevant circumstances, e.g. renunciation, death of executor, etc.)
Except as follows, Decedent did not many, 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
(If applicable, enter: c.t.a; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate)
Petitioner(s) after a proper seazch has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name Relationshi Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at 222 Messiah Circle
Mechanicsbure, Upper Allen Township Cumberland County Pennsylvania 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 89 years of age, died on October 3, 2008 at Harrisbur¢ Hospital. Harrisburg Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal Property $ 500.000
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
TOTAL $ 5 0 0, 0 0 0
situated as follows:
Wherefore, Petitioner(s) respectively 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:
Si afore T or rinted name and residence
Manufacturers and Traders Trust Company, successor to Allfirst
~
~., ~ ~'-'•---~ Trust Company of Pennsylvania, N.A.
213 Market Street
~- Harrisbur , PA 17101
V
7]6810.1
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
?~~0~ OC i ! 3 PPS 12~ 08
ss GL~:i=s:~:. ~~
Q~PH~',w~„ r ;~~i JRT
C~P~:i t ~ ~ ~ . _~ ~ "''~ ~'A
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 knowledge and belief of Petitioner(s) and that, as personal representative(s)
of the Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirm and subscribed
Before me the ,() ~ day of
~, ,?FV~
For the Register
~ c,~-`-~
ign re of Personal Repres
Signature of Personal Representative
Signature of Personal Representative
File Number: 02~- 02~ ~` /~
Estate of Evelvn B. Ulrich ,Deceased
Social S ty Number 161-20-0938 Date of Death: October 3, 2008
AND NOW, ~~pbP.r ~~ oZ~o~ in consideratiop~f a foreg ing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters ~ C
are hereby granted to Manufacturers and Traders Trust Company in the above estate and that the ins ent(s)
dated ~ ~,tp ~ e?S, c?CK~~
described in the Petition a admitted to probate and filed of record as the last Will (and Codicil(s)) of
Decedent.
FEES
~ 00
Letters .......................$
Short Certificate........... $ 107. av
Renunciation s).. ...... $
~d(~ .... $~-
.... $ I~
,-4~~ .... $sw
.... $
.... $
.... $
.... $
.... $
...... $
TOTAL ................ $
Regi ~ W' 1 c~~ ~'g"~
~~ ~
y Signature:
Attorne
Attorney Name: Stanley A. Smith
Supreme Court I.D. No.: 33782
Address: c/o Rhoads & Sinon LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: 717-233-5731
{
7
LAST WILL AND TESTAMENT
OF
EVELYN B. ULRICH
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I, EVELYN B. ULRICH, of Paxtang, Dauphin County,
Pennsylvania, being of sound and disposing mind and memory, do
make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me at any time
previously made.
I am married to SAMUEL D. ULRICH (hereinafter referred
to as "My Spouse").
1. TANGIBLE PERSONALTY. I give and bequeath all of
my household furniture and furnishings, automobiles, other motor
vehicles, books, pictures, jewelry, china, crystal, appliances,
silverware, wearing apparel, articles of household or personal
use or adornment, collections, artworks, boats and recreational
equipment and vehicles, together with all policies of insurance
thereon, to My Spouse, if My Spouse survives me. If My Spouse
does not survive me, I give such articles to my then living
children in as nearly equal shares as they shall select under the
supervision of my Executor. If any such articles cannot be
aiszss.i page 1 of 14 pages
fairly divided or distributed in kind in the opinion of my
Executor, such articles shall be sold and the proceeds thereof
shall pass as a part of my residuary estate.
2. UNIFIED CREDIT TRUST. I give, devise and bequeath
to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be
held, administered and disposed of in accordance with this ITEM
for the benefit of My Spouse and my issue (herein referred to as
the "Unified Credit Trust") an amount equal to the sum of the
balance of the dollar amount not taxed in my estate due to the
application to my estate of (i) the applicable credit amount
against federal estate tax permitted under Section 2010 of the
Internal Revenue Code of 1986, as amended, or any subsequent
successor or parallel provision thereto (the "Applicable Credit
Amount"), after deducting therefrom the value, for federal estate
tax purposes, of (a) assets included in my federal gross estate
which pass or have passed other than under the terms of this Will
and which will utilize a portion of the Applicable Credit Amount,
(b) any bequests under the preceding ITEMS of this will which
will utilize a portion of the Applicable Credit Amount and (c)
adjusted taxable gifts not included in my federal gross estate
Page 2 of 14
but included in the computation of the tentative federal estate
tax in my estate; and (ii) the state death tax credit allowed for
federal estate tax purposes (but only to the extent its use will
not increase any Death Taxes, other than Pennsylvania Inheritance
or Pennsylvania Estate Taxes, owing by my estate). My Trustee
shall have, hold, manage, invest and reinvest the assets of the
Unified Credit Trust, collect the income and
(a) If My Spouse survives me, beginning at my
death, my Trustee shall pay over the net income of the
Unified Credit Trust to My Spouse during My Spouse's
lifetime, in installments not less frequently than
quarterly. In addition, my Trustee shall pay to My
Spouse such amounts of the principal of such trust as,
in the sole discretion of my Trustee, shall be
necessary for the maintenance, support and medical and
nursing care of My Spouse, taking into consideration
any other means readily available for such purposes.
(b) Upon the death of the survivor of My Spouse
and me, my Trustee shall distribute the principal and
any undistributed income of the Unified Credit Trust to
my issue then living, per stirpes; provided, however,
that should any such issue be the issue of a deceased
child of mine and shall not then have attained the age
of twenty-one years, each such issue's share shall be
retained by my Trustee, IN TRUST NEVERTHELESS, each to
be held, administered and disposed of as a separate
trust estate in accordance with ITEM 4 for the benefit
of each such issue (the "Grandchild's Trust").
3. RESIDUE. I give, devise and bequeath all of the
rest, residue and remainder of my property, real, personal and
Page 3 of 14
mixed, not disposed of in the preceding portions of this Will,
including all property over which I hold a power of appointment
(which powers of appointment I hereby exercise in favor of my
estate), to My Spouse, if my Spouse survives me. If My Spouse
does not survive me, I give and bequeath said residue to my issue
then living, per stirpes; provided, however, that should any such
issue be the issue of a deceased child of mine and shall not then
have attained the age of twenty-one years, each such issue's
share shall be retained by my Trustee, IN TRUST NEVERTHELESS,
each to be held, administered and disposed of as a separate trust
estate in accordance with ITEM 4 for the benefit of each such
issue (the "Grandchild's Trust").
4. GRANDCHILD'S TRUST. My Trustee shall have, hold,
manage, invest and reinvest the assets of each Grandchild's
Trust, collect the income and
(a) Until the beneficiary of the Grandchild's
Trust (the "Grandchild") shall have attained the age of
twenty-one years, my Trustee shall from time to time
pay to or for the benefit of the Grandchild such
amounts of the net income and principal of the
Grandchild's Trust as, in the sole discretion of my
Trustee, shall be necessary for the Grandchild's
maintenance, support, medical and nursing care and
education, including college and graduate education,
taking into consideration any other means readily
Page 4 of 14
available for such purposes. At the end of each year
any unexpended income shall be added to the principal
of the Grandchild's Trust.
(b) After the Grandchild shall have attained the
age of twenty-one years, my Trustee shall distribute
the remaining principal and any undistributed income of
the Grandchild's Trust outright to the Grandchild. If
the Grandchild shall have died before attaining that
age, my Trustee shall distribute the then remaining
principal and any undistributed income to the issue
then living of the parent of the Grandchild who was a
child of mine, per stirpes, or, if such parent shall
have no issue then living, to my issue then living, per
stirpes; provided, however, in either event, if any
such beneficiary is then a beneficiary of a Child's
Trust or Grandchild's Trust hereunder, the share of
such beneficiary shall be added to the principal of
such Child's Trust or Grandchild's Trust as if an
integral part thereof, to be held, administered and
disposed of in accordance with the terms thereof.
5. SPENDTHRIFT PROVISION. No interest in income or
principal of my estate or any trust created hereunder shall be
subject to attachment, levy or seizure by any creditor, spouse,
assignee or trustee or receiver in bankruptcy of any beneficiary
of my estate or of any trust created hereunder prior to the
beneficiary's actual receipt thereof. My Executor or Trustee
shall pay over the net income and the principal to the
beneficiaries herein designated, as their interests may appear,
without regard to any attempted anticipation (except as may be
Page 5 of 14
specifically provided herein), pledging or assignment by any
beneficiary of my estate or of any trust created hereunder and
without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
6. SURVIVAL PRESUMPTIONS. Any person who shall have
died at the same time as I or under such circumstances that it is
difficult or impossible to determine who shall have died first,
shall be deemed to have predeceased me. Any person other than me
who shall have died at the same time as any then beneficiary of
income of my estate or a trust created hereunder or under such
circumstances that it is difficult or impossible to determine who
shall have died first, shall be deemed to have predeceased such
beneficiary.
7. FIDUCIARY POWERS. In the settlement of my estate
and during the continuance of any trust created hereunder, my
Executor and my Trustee shall possess, among others, the
following powers, exercisable without prior court approval, but
in all cases to be exercised for the best interests of the
beneficiaries:
(a) To retain any investments I may have at my
death so long as my Executor or Trustee may deem it
Page 6 of 14
advisable to my estate or trust so to do, including
securities owned, issued or underwritten by any
corporate Executor or Trustee or any of their
affiliates.
(b) To vary investments, when deemed desirable by
my Executor or Trustee, and to invest in such bonds,
stocks, notes, real estate mortgages or other
securities or in such other real or personal property,
including securities owned, issued or underwritten by
any corporate Executor or Trustee or any of their
affiliates, or as to which my corporate Executor or
Trustee or any of their affiliates are investment
advisors, as my Executor or Trustee shall deem wise,
without being restricted to so called "legal
investments".
(c) In order to effect a division of the
principal of my estate or trust or for any other
purpose, including any final distribution of my estate
or trust, my Executor or Trustee is authorized to make
said divisions or distributions of the personalty and
realty partly or wholly in kind. If such division or
distribution is made in kind, said assets shall be
divided or distributed at their respective values on
the date or dates of their division or distribution.
In making any division or distribution in kind, my
Executor or Trustee shall divide or distribute said
assets in a manner which will fairly allocate any
unrealized appreciation among the beneficiaries.
(d) To sell either at public or private sale and
upon such terms and conditions as my Executor or
Trustee may deem advantageous to my estate or trust,
any or all real or personal estate or interest therein
owned by my estate or trust severally or in conjunction
with other persons or acquired after my death by my
Executor or Trustee, and to consummate said sale or
sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title,
Page 7 of 14
free and clear of all trust and without obligation or
liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry
into the validity of said sale or sales; also, to make,
execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be
necessary or desirable in carrying out any of the
powers conferred upon my Executor or Trustee in this
paragraph or elsewhere in this Will.
(e) To mortgage real estate and to make leases of
real estate for any term.
(f) To borrow money from any party, including my
Executor or Trustee, to pay indebtedness of mine or of
my estate or trust, expenses of administration, Death
Taxes or other taxes.
(g) To pay all costs, expenses, legally
enforceable debts, funeral expenses and charges in
connection with the administration of my estate or
trust.
(h) To vote any shares of stock which form a part
of my estate or trust and to otherwise exercise all the
powers incident to the ownership of such stock and to
actively manage and operate any incorporated or
unincorporated business, including any joint ventures
and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers
of any owner thereof.
(i) In the discretion of my Executor or Trustee,
to unite with other owners of similar property in
carrying out any plans for the reorganization of any
corporation or company whose securities form a part of
my estate or trust.
(j) To assign to and hold in my estate or trust
an undivided portion of any asset.
Page 8 of 14
(k) To hold investments in the name of a nominee.
(1) To compromise controversies.
(m) To disclaim, in whole or in part, any and all
interests in property owned by me at the time of my
death, including those passing to me by Will,
intestacy, contract, joint ownership, operation of law
or otherwise.
(n) To divide any trust hereunder into two or
more separate, but identical, trusts. To divide any
trust hereunder which would have a generation skipping
transfer tax inclusion ratio other than one (1) or zero
(0), into two (2) separate trusts which are fractional
shares, known as the "exempt trust" and the "nonexempt
trust". The exempt trust is that fractional share of
the total trust fund that has a generation skipping
transfer tax inclusion ratio of zero (0), and the
nonexempt trust is the remaining factional share of the
trust, with a generation skipping transfer tax
inclusion ratio of one (1) The terms and conditions
of the nonexempt trust and the exempt trust will be
identical. Any reference to a trust created under this
Will, without a further specification or limitation,
shall be deemed to refer to both the exempt trust and
the nonexempt trust, in proportionate amounts, where
relevant. The assets of each separate exempt and
nonexempt trust shall be held, administered and
invested as separate trusts, and my Trustee shall
maintain adequate accounting and records for both such
trusts. My Executor shall indicate on the federal
estate tax return filed for my estate that separate
trusts will be created (or funded) and clearly set
forth the manner in which the trust is to be severed
and the separate trusts funded.
(o) To designate one or more persons or a
corporation to act as ancillary fiduciary in any
Page 9 of 14
jurisdiction in which ancillary administration may be
necessary, such ancillary fiduciary to serve without
bond or security and to have all powers, authorities
and discretions conferred hereunder.
(p) To employ and compensate from income or
principal, in the discretion of my Executor or Trustee,
investment and legal counsel, accountants, brokers and
other specialists, and, whenever there shall be no
corporate Executor or Trustee in office, a corporate
custodian, and to delegate to investment counsel
discretion with respect to the investment and
reinvestment of any or all of the assets held
hereunder.
8. EXCULPATORY CLAUSES. In the settlement of my
estate:
(a) My Executor shall not be personally liable
for any loss to my estate or to any beneficiary of my
estate resulting from an election made in good faith to
claim a deduction as an income tax deduction or as an
estate tax deduction.
(b) In valuing property in my gross estate for
the purposes of any Death Tax, my Executor shall not be
personally liable for any loss to my estate or to any
beneficiary of my estate resulting from my Executor's
decision made in good faith to use a particular
valuation date.
9. TAX CLAUSE. All inheritance, estate and similar
taxes becoming due by reason of my death ("Death Taxes"), whether
such Death Taxes shall be payable by my estate or by any
recipient of any property, shall be paid by my Executor out of
Page 10 of 14
the property passing under ITEM 3 of this Will as an expense and
cost of administration of my estate; provided, however, that if
any property held in any testamentary or inter vivos trust
created by My Spouse is includable in my estate for purposes of
any Death Tax, then any Death Tax attributable to the inclusion
of any such property in my estate for the purposes of that Death
Tax shall be paid out of such property or by the recipients of
such property; and, if such Death Taxes are nevertheless paid by
my Executor, I direct my Executor to obtain reimbursement or
contribution for any such taxes paid by my Executor. Except to
the extent above provided, my Executor shall have no duty or
obligation to obtain reimbursement for any Death Taxes paid by my
Executor, even though paid with respect to proceeds of insurance
or other property not passing under this Will.
10. TRUST TERMINATIONS.
(a) If there should be established by My Spouse,
either by Last Will and Testament or by inter vivos
Deed or Agreement, trusts similar to the trusts herein
established for the benefit of my issue, my Trustee
shall have the right and power to merge trusts herein
established with similar trusts for the same
beneficiaries established by My Spouse and to operate
each of the merged trusts as a single trust.
Page 11 of 14
(b) If, in the opinion of my Trustee, at any time
any trust hereunder is or becomes too small to justify
its maintenance as a separate trust, my Trustee, in my
Trustee's sole discretion and without the necessity of
court approval, shall terminate such trust by
distributing all the income and principal of the trust
to the then income beneficiary of said trust. If any
additions to any such trust are received after its
termination under this ITEM, such trust shall be
revived and this provision shall continue to apply to
it.
11. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I
hereby authorize my Executor in my Executor's sole and absolute
discretion to allocate any adjustments to the income tax basis of
assets of my estate to such assets as my Executor deems to be
appropriate. I recognize that this power gives my Executor broad
latitude, which I wish my Executor to exercise while taking into
account such factors as my Executor deems beneficial to all of
the beneficiaries of my estate. My Executor shall not be liable
for any loss to my estate or to any beneficiary of my estate
resulting from such allocation made in good faith.
12. EXECUTOR APPOINTMENT. I hereby appoint My Spouse,
SAMUEL D. ULRICH, and ALLFIRST TRUST COMPANY OF PENNSYLVANIA,
N.A., as Executors of this Will. If for any reason either of
them should fail or cease to act, the other shall act or continue
Page 12 of 14
to act with all of the powers granted to the two of them. All
references in this Will to my "Executor" shall refer to my
originally named Executors or to my sole successor Executor, as
the case may be.
13. TRUSTEE APPOINTMENT. I hereby appoint ALLFIRST
TRUST COMPANY OF PENNSYLVANIA, N.A., as Trustee of any trust
created hereunder. My Spouse shall be authorized, by written
notice directed to the Trustee, to remove any corporate Trustee,
for any reason, without cause and without Court approval, and
replace said corporate Trustee with another corporate Trustee
having fiduciary powers. Any Trustee serving hereunder shall
have the right to resign from such office at any time, with or
without cause and without Court approval. No successor Trustee
shall be liable for the actions of a resigning or removed Trustee
occurring prior to such successor Trustee taking office. All
references in this Will to my "Trustee" shall refer to my
originally named Trustee or to a successor Trustee, as the case
may be.
13. WAIVER OF BOND; FIDUCIARY FEES. My Executor and
Trustee shall qualify and serve without the duty or obligation of
Page 13 of 14
filing any bond or other security.
Any corporate fiduciary shall
be entitled to compensation for services in accordance with the
standard schedule of fees in effect when the services are
rendered. Compensation payable to my individual fiduciary shall
be in addition to that payable to the corporate fiduciary.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
preceding thirteen (13) pages, this ~~ day of~
2002.
( SEAL )
Evel B. Ulrich
We, the undersigned, hereby certify that the foregoing
Will was 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 and in her presence and in
the presence of each other, have hereunto set our hands and seals
the day and year above written, and we certify that at the time
of the execution thereof, the said Testatrix was of sound and
disposing mind memory.
I
L) Residing at : (~r' ~-~-~ ~'
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~-`.~ (SEAL) Residing at : ( Q~ . Q~~y ~-
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Page 14 of 14
COMMONWEALTH OF PENNSYLVANIA
''n SS:
COUNTY OF '" 1 .
~~nn ~~, , We, Evelyn .B . Ulrich,
f~UU~~ ~ ~l~`1~{.Othe Testatrix and
respectively, whose names are signed to
having been sworn, do hereby declare to
that the Testatrix, in the presence of
and
the Witnesses,
the foregoing instrument,
the undersigned officer
.he Witnesses, signed said
instrument as her Last Will and Testament, that she signed
voluntarily, that each of the Witnesses, in the presence of the
Testatrix and of each other, signed said Will as a Witness and
that to the best of the knowledge of each Witness, the Testatrix
was at the time of sound mind and under no constraint or undue
influence.
Subscribed and acknowledged before me by EVELYN B.
ULRICH, the Testatrix, and subscribed and sworn to before me by
~~u UV • ~~~~~- and ~~~.Q, ~1 ~s~ the Witnesses, on
this ~~~h day of ~~~-~~~ ~, 2002.
Notary PLfblic
My Commission Expires:
(SEAL)
Dana L. Wlese~n n, N~
Cityy of Harriabur o~ 1'ubiic
MY Commission ExPu~Nov 13~20p4
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