HomeMy WebLinkAbout02-03-09Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
No. d~~ ~~ ~l1 1
Estate of James E. Poe
also known as ,Deceased
Patricia A Poe a/k/a Patricia A. Kough
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
Social Security No. 176 - 32 -1413
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrix named in the last Will of
the Decedent, dated 09/17/1987 and codicil(s) dated None
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 documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
B. Grant of Letters of Administration
(c.t.a.; d.b.n.c.t.a; pendente liter durante absentia; durante minoritate)
_ __,_ ~__~~....,. -,~..o.r~ino~l that Decedent left no Will and was survived by the following spouse (if any)
or principal residence at 410 Pine Road, South Middl(listost eTo tuber, and municipal~)1 S rin s , PA 17065
Decedent, then 90 years of age, died 01/21/2009 at Carlisle Re Tonal Med(Loc lion) r PA
Decedent at death owned property with estimated values as follows: $
(If domiciled in PA) All personal property
Personal property in Pennsylvania $
(If not domiciled in PA) $
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
3,000.00
180,000.00
situated as follows: 410 Pine Road, So. Middleton Tw ., Mt. Holl S rin s, PA 17065
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 a ro riate form to the undersi ned: T ed or rinted name and residence
ure
Patricia A. Poe a/k/a Patricia A. Kough
~~~'~~~ ~~ `-:--~1 356 Kerrsville Road, Carlisle, PA 17015
Prepared by the Pennsylvania Bar Association Form RW-~ (1991)
Copyright (c) 1996 form software only CPSystems, Inc.
(COMPLETE IN ALL CASES:) Attach aao¢lonai snee~a .. ~~~~~~~a,~• County, Pennsylvania with his/her last family
Decedent was domiciled at death in Cumberland
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
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) nd t a , onal representative(s) of ~~ ~~~"~'
the Deceden+, Pt~titioner(s) will well and truly administer the estate acc ding to la __.
Sworn to or affiirmed and subscribed , \~ ~ >>
r;
before n?e this _i day of
.Q ~ -,vc~- , ~t~l
the Register
No.
Estate of James E. Poe
°~ (~`"1
Decease
3>
-r~
Social Security No: 176 - 32 -1413 Date of Death: 01/21/2009 c,
AND NOW, ~ ~ '7 ~ 1 , in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~X Testamentary ~ Of Administration
(c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
are hereby granted to Patricia A. Poe a/k/a Patricia A. KOUgh
in the above estate and that the instrument(s) dated 09/17/1987
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
~i
FEES
Letters . .l ~~ i~> $ ~ ~~ J~L~ISC,~~`~C~ - V~~~
Short Certificate(s). $ ~~
cia I n. .lr-~. t ~ ~ . $ `~
Affidavits ( ) $
Extra Pages ( ) . $
Codicil. $
JCP Fee . ."~ . ~~. $ 1 S
Inventory. $
Other $
Patricia A. `Poe a/k/a Patricia A. KOUg
,~
C3J t .:. --_-
e
w -r-^
b• c'-_-~
O ~ - -~;
tit
Attorney: ! James M. obinson, Es uire
LD. No: 84133
Turo Law Offices
Address: 28 South Pitt Street
Carlisle, PA 17013
Telephone: 717/245 - 9688
TOTAL. $ ~~ ~~
Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, 56.00
P 15093778
Certification Number
This is to certify that the information here given i>
co(Tectly copied from an original Certificate of Deatl•
duly filed with me as Local Registrar. 7"he original
certificate will be furvtarded to the State Vital
Record, Office t~n• permanent filing,.
~~t'0ac~ `D~.~~C" JAI' 2 5 2009
Local Registrar Date Issued
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DH1os143 REV n/2ogB COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE / PRINT IN
PBLACKNNK CERTIFICATE OF DEATH
(See Instructions and examples on reversal
V
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L°
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' JIHIt FILL NUMBER ` I
1, Name of Decedent (Fret, middle, ksl, suK)
2. Sex 3. Serial Securiy Number 4. Date of Dealt (Month, day, year)
James Edward Poe M
176 - 32 - 1413 January 21, 2009
5
A
e (Last Bint
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d
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.
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ey)
n
er
year Udder 1 day fi. Dels of Binh (Month, day, year) 7. Birthplace (Gry and stale or forego country) ea. Place of Death (Check only Doer)
Mwmw Deys Hours N;nulea Hospital: OMer
90 Yra. 5/ 16/ 1918 Chambersburg, PA ^ Inpatient ER / Outpatient ^ DOA ^ Nursing Home ^ Resitlence y
Bh
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.
ouny o
eath Bc. Ciy, Boro, Twp. of Death 9d, fadllry Nama (tt not irlstilution, gve saeet and nunber) 9. Was Decedent of Hispank Origin? ®No ^ Yes 1l 0~pmencan
lMlan
Black
Whh
t
,
,
e, e
c.
pl yes, speciy aban, (spe~iM
Ctsnberland South Middleton r ~g\~~ ~A~\ Mexk:an
Puerto Rican
etc
)
,
,
.
l~llte
11
Deced«A's Us
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li
Kmd
f
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'
.
ua
cc
on
o
wodc done tit
most N wo
Ida. Do not state re
12. Was Decedent ever in the 13. Deceelent's Education (Seedy oNy highest grade completetl) 14. Marital 3aNS: Hernial, Never MarneQ 1h. Surviving Spouse (I/wife
ive maid
Kind of W
k
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A
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en name)
or
.
.
Kmtl of Business /Industry
rmetl Forces? Elemernary /Secondary (I}72) College (td or Ba) Witlowed, pvo~ (Speci(yl
Lt
C
l
.
o
. U.S. fires ^Nw 1 Widowed
- 1B. Deceaenra Mailing Address ISreet drv / town, smte, :~, code) Decetlenrs Did Decedem
PA
"'~ Residence na. seta
use in a ,n. ®Yes, Deceflenl LNed m South Middleton
410 Pine Rd
T
.
Townehip7 wP~
- Mt. Holt Springs , PA 17065 17b. Count' Cumberland 17d. ^ No, Decedent Lined wdhin
Actual LiI1MS of Ciy I Born
18. Father's Name (First mitltlle, reel, wlfix)
'
19. Mother
s Name (First, mk1Ue, rmklen sumamel
John Edw
d P
ar
oe Sarah Catherine Erehart
20a. Inlarmant's Name (Typo / Pnwl
Patricia A
Kou
h 20b. IMormant's Maahg Adtlress (Slreei tiry /town, state, zip code)
.
g 356 Kerrsville Rd., Carlisle, PA 17015
21a. Medal of DiSposilgn I ^ Crematbn Donation 21 b. Date of
^ Disposbbn (Month, daY. Year) 21c. Place of Disposition (Name of cemetery, «emakry «aMer pace) 21tl. locadon (City /town, state, zip wde)
® Burial ^ Removal from Slate ~ Were Crenmbon « Dortetlon Aulhodzdtl
^ Other-Spersry: byMedKalEx«nMter/DOranen ^Yes^Np 1 28 2009 Indiantown Ga National Canete Annville
PA
- 22
,
a. Sgretwe d F I S Licensee (or pe 9 22b. Ucense Number 22c. Name and Address of Fauliy
~
- - ~
_ FD 012633 L Ekvin Brothers .Funeral Home, Inc., Carlisle, PA 17013
Complete dams 23ac ony when cenKykg 23a. To the best of my M et erttl pace stated. (Sgmture ) 23b. License Number
physidan N not available at Gme al tleaN to 23c. Date Sgned ( th, tlay, yea )
~-_--- % :~ ~
-
certiy cetera of death. ~
~
,. /~JDO X76 ~ ~E c>/ ~ / ~~~ ~
Items 24-26 must be 24. Timed h 25. Date Pr«tou Dead Monet
Cp1nPbted h person w, (_ Y. Y~rl 26. Was Case Relened ro Metliml Examiner /Coroner for a Reason OMer then C matim w Donation?
- who prmwwas deem. ~~
M' V/ ~ ~O 'Yes ^ No
CAUSE OF DFJITH (See Instructions and examples) r Appoximate k4erval:
Item 27. Part I: Enter tM chain of evens -diseases, irlj«bs, «campkcetiore- drat directly caused the death. DO NOT enter terminal events sum as cardiac ane
t Pan II: Enter other sgnidra t rnndd' coot ~ 'not death 2B. ad Tobaaro Usa Conlrihule Ie Death?
n
. r Onset to DeaN
respiratory arrest or venUipdar flbnllation wdheul showing dle etidagy. Usl any cafe cause an cam kne. but ml resWfing ut Me untledyhg cause gNen in Part I. Yes ProbaM
^ ^ Y
IMIIEpATE CAUSE (Fetal dhease « /) ~
condllion resukbp in death)
`
.
~ r ^ No ^ Unknown
/ ,~ _ ~,
,,..
_
-~ 3. ~..t?' _ D V v -s-- 29. tt Female:
Due to (or sequence ofk ' ~l
O
' ~
~
~
^ Not prsgnam wBhin past year
Sequerttialy isl o>ndlions, it arty, ~~p~~ ~ v / •, _ ~
ff
/
" "" - - !/ '7/.A~sW /L~atia-..-d
kating ro the cause I'sted on line a. b'
Due to (or as a cons
Em
1n
U ^ Pregnant al lone of tlealh
equence off:
«
s
NDERLYING CAUSE
(tiseasa «atjury tltat uMieted the c ~ ~~ "` ~ /mar, // _
n
W
i
^
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^ Not pregnant, but pregnant within 42 days
eve
s res
l
rg n death) LAST.
«
-
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Due m (« consequarxe oq.
d ~ al deaN
^ Not pregnant bN pregnant 0.9 days M 1 year
r
3a
W before tleaN
^ UnWtown 4 pregnant widtin the past year
a.
as an Autopsy 396. Wwe Autopsy Fittings 31. Manner d Death 32a. pate d Injury (Month, day, year) 32b. Dascnbe How Injury I~ened
PMOmted? Avagable Prror to Completion Wry:
32c. Place of In' Home, Falm, Street Factory
a Cause d DeaM? ~I ^ tlan~de .. ,
ORxre Buildxg, etc. /SpenN1
^ Yes ~-I o~ ^ Ves ^~ ^ ant ^ Panting Imrestigalion 32d. Tme of Injury 32e. Iryury at Wodc7 321. H Tmnsponation InNrY (SParr~Nl 329. Lncatbn of Inju7 (Street ciy I town, smte)
^ Suztitle ^ Could Nof ba Detemdrletl ^ yes ^ No ^ Driver / Opereror ^ Passenger ^Ped¢stnan
M.
^aner - saecily:
33e. C«tlder (mall ony one)
• CMNylrg physkiart (Physician ceniying cause of death when enoUer physidan has prorlowx:ed tleath aM contpkled Item 23) 33b. 5 naNre nd Ttie of Certifier ,!
g
7//
To the best of my krtowNdga, death occurtM due [o the cause(s) and mermen ere smte4 _ _ _ _ _ _ _ _ _ _ _ ~
~>_
/~
//
_ _ _ _
• Fon«mcing and cerliying physlclan IPhysician bolo prwwuncirg dealt antl cerlil
in
ro cause of tleaU
_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _
Y
y
g
)
To the best of my knowledge, tleaM occunetl at the time, date, erld place, arM due to tM cause(s) aln menllet as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c. Lice Number 33tl. Dale Signed (Monty, daY. Year)
• Medkel Examin« / Caaner
On tM banter of examinetton and / or Inveatlgation, In my oplnlon, deaM oceur2d al the mte, dale, and place, and due to the oauae(s) and mannw as stated
^ (•~ ~ / /
J ~ 2
_ 34. Name % nd,kdtl~pss
Person W1w o~Wleletl Cause of Death (tram 27) Type / Pnm
3h. Regislrai s nd Dis
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cl YY~~ ~ /v ~(J
- }t`
t-.u~lr~ I~ I t I~ I I I U I :Dale Fled (ManN tlay, year)
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Disposition Permit NO. '- y.5 6~~~(,~
LAST WILL AND TESTAMENT ~ -
~-~7~ M _ ;
=27 W ~ +
OF ~~~ t --z ,
~~~ w
JAMES E. POE ~~~i 2,. C. ._"'
3
~ ~
I, JAMES E. POE, a legal resident of Cumberland Canty, cn
Commonwealth of Pennsylvania, being of sound and disposing mind
and memory, do hereby make, publish and declare this instrument to
be my LAST WILL AND TESTAMENT. I hereby revoke any and all wills
and codicils by me heretofore made.
I
IDENTIFICATIONS AND DEFINITIONS
A. I am a widower. I have four (4) children, JAMES E. POE
II, PATRICIA A. POE, MICHAEL J. POE and PATRICK G. POE.
References in this Will to "my children" include these children
and any other lawful children born to or adopted by me. Except as
otherwise provided in this my LAST WILL AND TESTAMENT, I have
intentionally omitted to provide herein for any relatives or for
any other person, whether claiming to be an heir of mine or not.
B. The following definitions obtain in any use of the terms
in this Will:
1. "Descendants" means the immediate and remote lawful,
lineal descendants of the person referred to, and it
means those descendants in being at the time they
must be ascertained in order to give effect to the
reference to them, whether they are born before or
after my death or of any other person. The persons
who take under this Will as Descendants shall take
by right of representation, in accordance with the
rule of per stirpes distribution and not in
accordance with the rule of per capita distribution.
Persons legally adopted when under the age of
fourteen years shall not be differentiated from
blood descendants for any purpose.
2. "Survive me" is to be construed to mean that the
person referred to must survive me by thirty days.
If the person referred to dies within thirty days of
my death, the reference to him shall be construed as
if he had failed to survive me.
3. As used in this Will, the words "Executor," "he,"
"him," "his," and the like shall be taken as generic
and applicable to a natural person of either sex or
a corporate person of other legal entity.
Page 1 of 4 Pages
C. I have served in the Armed Forces of the United States.
Therefore, I direct my Executor to consult the legal assistance
office at the nearest military installation to ascertain if there
are any benefits to which my dependents are entitled by virtue of
my military affiliation at the time of my death. Regardless of my
military status at the time of my death, I direct my Executor to
consult with the nearest Veterans Administration and Social
Security Administration office to ascertain if there are any
benefits to which my dependents may be entitled.
II
PAYMENT OF DEBTS AND TAXES
I direct my Executor to pay the following as soon after my death
as may be practicable:
1. All of my just debts and the expenses of my last
illness, funeral and of the administration of my
estate; but my Executor need not accelerate and pay
those unmatured obligations which, in his opinion,
it might be proper and more advantageous to retain
or renew and pay as they become due and payable.
2. All inheritance, transfer, estate and similar taxes
(including interest and penalties) assessed or
payable by
interest i
taxes. My
iary under
taxes paid
this Will.
reason of my death, on any property or
n my estate for the purpose of computing
executor shall not require any benefic-
this will to reimburse my estate for
on property passing under the terms of
III
RESIDUARY ESTATE
A. I define "my Residuary Estate" as all of my property
after the payment of debts and taxes under Article II, including
real and personal property, whenever acquired by me, property as
to which effective disposition is not otherwise made in this Will,
and property as to which I have an option to purchase or a
reversionary interest.
B. I direct my Executor to divide my Residuary Estate into
equal shares and to distribute those shares as follows:
Page 2 of 4 Pages
1, one share to each of my Children who survive me;
2, if any of my Children fail to survive me, then his
or her share shall be distributed among his or her
descendants who survive me;
3, if any of my Children fail to survive me and leave
no descendants who survive me, then his or her
share shall be divided equally among such of my
Children who survive me, or their descendants who
survive me, as set forth in subparagraphs 1 and 2
above.
IV
APPOI NTMENT AND POWERS OF EXECUTOR
I nominate and appoint my daughter PATRICIA A. POE, as
Executor of this my LAST WILL AND TESTAMENT. If my daughter
PATRICIA A. POE, is unable or unwilling to serve in this capacity,
I appoint my son MICHAEL J. POE of Mt. Holly Springs,
Pennsylvania to serve instead. I request that my executor be per-
mitted to serve without bond or surety thereon. I authorize my
Executor to do any and all things which in his opinion are
necessary to complete the administration and settlement of my
estate, including full right, power and authority, without the
order of any court and upon such terms and under such conditions
as my Executor shall deem best for the proper settlement of my
estate; to bargain, sell at public or privatledaee~manaveyand deal
transfer, deed, mortgage, lease, exchange, p g g
with any and all property belonging to my estate; to compromise,
settle, adjust, release and discharge any and all obligations or
claims in favor of or against my estate; and to borrow money for
the payment of inheritance and estate taxes or for any other pur-
pose. Without in any way limiting the scope of the powers enu-
merated herein of my executor, I hereby specifically give to him
full power to retain any and all securities or property owned by
me at the time of my decease whenever, in his absolute and
uncontrolled discretion, such a course shall seem to him to be
best, without liability for depreciation or loss, and free from
investment restrictions incident to executorship, whether imposed
by common law or statute. In the execution of his duties and
powers as Executor he shall have the power to comply with all
legal requirements as to the execution and delivery of deeds and
all other writings, documents or formalities without the order of
any court; and he shall furnish a statement of receipts and dis-
bursements at least annually to each person then entitled to
receive income or property from my estate.
Page 3 of 4 Pages
v
MEMORANDUM
I have made, or may from time to time make, a written memoran-
dum expressing my desire to give certain items of personal pro-
perty to specific persons. I urge my Executor and beneficiaries
to respect these wishes. Such a memorandum, if made, shall be
stored in conjunction with this Will.
IN WITNESS WHERE~~, I have at Carl isle Barracks,
Pennsylvania, this l~ day of 1987, set my hand and
seal to this my LAST WILL AND TESTAMENT consisting of four (4)
typewritten pages.
___ ________ ( SEAL )
J S E POE
T stator
Signed, sealed, published and declared by the Testator, JAMES
E. POE, as and for his LAST WILL AND TESTAMENT, in the presence of
us, who at his request, in his presence and in the presence of
each other, have hereunto subscribed our names as witnesses.
NAME ADDRESS
- --
A _q o~~ ~ c
-~___ ~J ~ ~ %J~~ ~~ ~ 7
Page 4 of 4 Pages
Acknowledgment
CONIlVIONWEALTH OF PENNSYLVANIA) SS
COUNTY OF CUMBERLAND )
I, JAMES E. POE, Testator, 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.
Sworn or affirmed to a~ acknow ~dg~e b fore me, by JAMES E.
POE, the Testator, this ~ day of ~~~~~ 1987.
^J~M-F~ E. POE,~estator
(SEAL) _~~L_-~'~_ [-!---~~`""„` __ ___
Notary Public
RASA A. RODRIGUEZ, NOTF~RY PUSLIC
Affidavit CARkiStE 901+€IUG1{, CUMB~:~'?.~~' COl~NTY
MY Cv~!~yr>!UN EXPIRES ~;"T. i~, ;.J$9
Mema~*, Ps~resyivania Assacieti~o~~ at Naiaries
CONllVIONWEALTH OF PENNSYLVANIA) SS:
COUNTY OF CUMBERLAND )
/ ~
~j,,',,ei~~ ~ and lo,~? ~r~ ~ /~-`~ ~iC:~---'
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Testator sign and execute the
instrument as his Last Will; that JAMES E. POE, 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 the Testator signed the will as witnesses; and that
to the best of our knowledge the Testator was at that time 18 or
more years of age, of sound mind and under no constraint or undue
influence.
Sworn or affirmed to and subscribef~,to before me by
~U~ -le _]~'!°_ and __ b.~c~
L~~,,~__ sc®T7r _ -- -
witnesses, this 171h day of 3~~,~-ti~,~, 1987.
(SEAL)
WIT SS
_ ~-~y~~c/'~ -------
I NESS
Z t.~' _
NO ARY PUBLI
ROSA A. RODRIGUEZ, NOTARY P~JBLIC
CAR!.fatE R1NuJG+i. CUM8~?~"s.°~.~'" COUNTY
MY i;:~V;;~?s:ilON fXPlkrS ~sCT. <~ s~89
Men:re:. i'ec:nsyirania r~;sacsarior~ ~1 ?Yor3ries
LETTER OF I NTE NT
TO MY FAMILY, MY PHYSICIA N, MY CLERGYMA N, MY LAWYER--
If the time comes when I can no longer take part in decisions for
my own future, let this statement stand as the testament of my
wishes:
If there is no reasonable expectation of my recovery from physical
or mental disability, I, JAMES E. POE, request that I be allowed
to die and not be kept alive by artificial means or heroic
measures. Death is as much a reality as birth, maturity and old
age - it is the one certainty. I do not fear death as much as I
fear the indignity of deterioration, dependence and hopeless pain.
I ask that medication be mercifully administered to me for
terminal suffering even if it hastens the moment of death.
This request is made after careful consideration. Although this
document is not legally binding, you who care for me will, I hope,
-~'~ feel morally bound to follow its mandate. I recognize that it
places a heavy burden of responsibility upon you, and it is with
the intention of sharing this responsibility and of mitigating any
feelings of guilt that this statement is made.
DAT E
JAMES E. POE ~c
ACKNOWLEDGEMENT
CONIlVIONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND )
Subscribed and sworn to before me
(SEAL)
this ~!~ day of~~~~ 1987.
NOTARY PUBLIC ~~
ROSH A. RODRIGUE2, N4'fARY P1.t~ltC
CARt.lalE BORt3UGti. CUMBERt.te~+! %QUNdY
~iY Ct?~~tSlQN EXPIRES ar..7. °~°~, z9S9
IAamber, Pa~~nm~yl+rania Asaociatior~ or ~oY~ries