HomeMy WebLinkAbout02-26-09~.
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,`,P'~E/NNS/Y~L1VAN/I~A Qp
Es[a[e of Georee H Holder File Numbcr `~'~-'' ~~`~ ~~ v/ti 0
also known as - ---
Deceased Social Security Number 160-16-0393
Georee Hueh Holder, Waller S Holder Thomas M Holder and Manufacturers and Traders Trust Comnanv successor to Dauphin
Deoosu Bank and Trust Comoanv
Petitioner(s), who is/are I8 years of age or older, apply(ies) for:
(COMPLETE `A' OR `B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver [hat Petitioners are the Co-Executors named in the last Will of the
Decedent dated December 7 1987 and codicil(s) dated no codicil
(State relevant circumstances, e.g. renunciation, death of executor, etc) C7 0
(._~ <-.
~A
Except as follows, Decedent did no[ marry, was no[ divorced, and did no[ have a child bom or adopted afier~~cu[ion o~e '
instrument(s) offered for probate, was no[ the victim of a killing and was never adjudicated an incapacitated person. -I- C~ l~ ~~
t ~ '9 s
^ B. Grant of Letters of Administrafion , >'~..r
(If applicable, enter c.La; d.b.n.c.t.a.; pendente liter durance absentia; dumnte minoritate) `~ ~ t ':
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse l~l any) and hei~(If ~ ~ -
Administration, c.La or db.n-c.t.a., enter date of WiII in Section A above and wmplete list of heirs.) N
(COMPLETE IN ALI. CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence a[ ]800 Warren
Street, Boroueh of New Cumberland Cumberland Coun[v PA 17070
(List street address, town/city, township, county, state, zip code)
Decedent, [hen 93 years of age, died on February 8, 2009 a[ 1800 Warren Street Boroueh of New Cumberland Cumberland
Decedent a[ death owned property with estimated values as follows:
(If domiciled in PA) All personal Properly $8 000 OUO 00 _
(If not domiciled in PA) Personal property in Pennsylvania $
(If no[ domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
TOTAL $5.000,000.00
situated as follows:
Wherefore, Petitioners respectively request the probate of the last Will presented with this Petifion and the grant of Letters in the appropriate forth to the
undersigned:
Si nature T d or noted name and residence
George Hugh Holder
d~~~ O/~ 560 Lucinda Lane
7A"{~f Mechanicsburg, PA 17055
731696)
~
!~ Walter S. Holder
31 Sunfire Avenue
Camp Hill, PA 17011
Thomas M. Holder
359 Martingale Drive
~~~~~
'~~i~ Camp Hill, PA 1701 I
Thomas E. Morkin, Vice President
Manufacturers and Traders Trus[ Company
~ Onc West High Street. P.O. Box 220
Carlisle, PA 17013
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are
true and correct to the best of the lmowledge and belief of Petitioner(s) and that, as personal representative(s)
of the Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirm and subscribed
Before me the d ~p '}- ~ day of
~ C~(S
,Jj C
For e egister
File Number: n2~ - a2C~b~1- ~c~~
Estate of George H. Holder ,Deceased
Social Secu i Number 160-16-0393 Date of Death: February 8, 2009
AND NOW, -P o , o706`j in consideration o~tte forego g Petition,
satisfactory proof having beet resented before me, IT IS DECREED that Letters / ,QSf ~'-~z!(~/
aze hereb anted to Manufacturer and TJ ders T'ru/st~~jompany in the above estate and that/the i s nent(s)
dated / ~~7~ J '~ Cuorr~ jk s46~G~P/~ l~vQl~K/S f~ 4 ~{t/M¢ ~J /Y~ ~O~U ,
descri'b`ed m the Pehtton be6admttted to probate and filed of record as the last Wil] (and Codicil(s)) of
Decedent. ,
FEES
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Letters .................. .....$ / ~,
Short Certificate....... .... $ ,
Renunciation s
.
.... $
. ..... $~
... $
.$
... $
... $
. .... $ ~
TOTA ~
L ............. ... $
Register
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 33782
Address: c/o Rhoads & Sinon LLP _
P.O. Box 1146 _
Harrisbure, PA 17108-1146
Telephone: 717-233-5731
Si~ e of~re/t"~'c~
9-/~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fcx for this certi(icalc. $6.0(1
P 1518.707
Certifiea(ion Number
REV I1MICe
/PRINT IN
MPNENi
mrc wK
-Phis is to cerlil)r that the intonnalion here given is
anrec(ly copied f7om an originul Certificate of Uealh
duly filed with roe x Local Rec~ivtrar. The original
cerli(icale will he forwarded to the Stale Vihd
Kecords Ottice for permanent filimc.
~, ~ FE 10 009
Loc:d Registrar Date I+sued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS ~ _ 1 (V ,....1
CERTIFICATE OF DEATH h ~ - _
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LAST WILL AND TESTAMENT
OF ,v
c7 0
1
GEORGE H. HOLDER ~~ -*i
A
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a. '
I, GEORGE H. HOLDER, of New Cumberland, Cumb~,~~nd
County, Pennsylvania, being of sound and disposing miht~and N :~
Y -~ - -.,
memory, do make, publish and declare this to be my Last Will rend,
Testament, hereby revoking all Wills and Codicils by me at any
time previously made.
ITEM I: All inheritance, estate and
similar taxes becoming due by reason of my death, except any
taxes relating to generation skipping transfers imposed under
Chapter 13 of Subtitle B of the Internal Revenue Code, as
amended, ("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 the property passing under ITEM VI 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 wife, MARY SHAULL HOLDER, ("My
Wife"), 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 neverthless paid by my Executor, I
direct my Executor to obtain reimbursement or contribution for any
Page 1 of 13 pages
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.
ITEM II:
Inasmuch as our residence at
1800 Warren Street, New Cumberland, Pennsylvania, is in the joint
names of My Wife and me, she will, if I predecease her, become the
absolute owner of said property. If I do not predecease her, then
I give, devise and bequeath said premises at 1800 Warren Street to
my children living at my death, in equal shares as tenants in
common.
ITEM III:
I give and bequeath the sum of
ONE THOUSAND DOLLARS ($1,000) to ST. THERESA'S CHURCH, New
Cumberland, Pennsylvania, to be used for Low Masses to be offered
for the repose of my Soul. This sum is to be handled by the
Church for distribution according to the Stipend regulated by our
Diocesan Statutes at the time of my death.
ITEM IV: I hereby exercise all powers of
appointment which I may have at the time of my death in favor of
my Executor, and all property subject to all such powers of
appointment shall be included in my estate and be governed by the
provisions of this Will; provided, however, that I specifically
decline to exercise any power of appointment given to me in any
Will, Codicil, Agreement of Trust or other instrument executed by
My Wife.
Page 2 of 13 pages
ITEM V: I give and bequeath all of my
household furniture and furnishings, automobiles, books, pictures,
jewelry, china, crystal, appliances, silverware, wearing apparel
and all other like articles of household or personal use or
adornment to My Wife, if she survives me. If My Wife does not
survive me, I give such articles to my children living at my death
in as nearly equal shares as they shall select under the
supervision of my disinterested Executor. If any such articles
cannot be fairly divided or distributed in kind in the opinion of
my disinterested Executor, such articles shall be sold and the
proceeds thereof shall pass as a part of my residuary estate.
ITEM VI:
I give, devise and bequeath to
my issue living at my death, per stirpes, an amount equal to the
balance of the dollar amount not taxed in my estate due to the
application to my estate of the unified credit against federal
estate tax (the "Unified Credit"), 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
Unified Credit, (b) any bequests under the preceding ITEMS which
will utilize a portion of the Unified Credit and (c) adjusted
taxable gifts not included in my federal gross estate but
included in the computation of the tentative federal estate tax in
my estate; provided, however, 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
Page 3 of 13 pages
retained by my Trustee, IN TRUST NEVERTHELESS, each to be held,
administered and disposed of as a separate trust estate in
accordance with ITEM VII for the benefit of each such issue (the
"Grandchild's Trust").
ITEM VII: 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, may 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 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; or if
the Grandchild shall have died before attaining that
age, my Trustee shall distribute the then remaining
Page 4 of 13 pages
principal and any undistributed income to the Grand-
child's issue, per stirpes, living at the Grandchild's
death and, in default of such issue, to my issue then
living, per stirpes.
ITEM VIII: I give, devise and bequeath all
of the rest, residue and remainder of my property, real, personal
and mixed, not disposed of in the preceding portions of this Will,
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 Wife and my issue (the "Qualified Terminable
Interest Property Trust", herein referred to as the "QTIP Trust").
My Executor shall have the right to elect on the federal estate
tax return prepared on behalf of my estate to have a portion or
all of the property passing under this ITEM treated as "qualified
terminable interest property" in order to qualify such portion or
all of the property for the marital deduction for federal estate
tax purposes. If my Executor elects to have a portion or all of
such assets so qualify, such elected assets may, at the discretion
of my Trustee and so long as the election to qualify such assets
for the federal estate tax marital deduction is not jeopardized,
(a) be held and maintained by my Trustee as a separate trust
estate with the balance, if any, of the assets which are governed
by this ITEM also held and maintained as a separate trust estate
or (b) be held and maintained by my Trustee with the non-elected
assets as one trust estate. In either case any such trust or
trusts shall be held in trust for the following uses and purposes
Page 5 of 13 pages
and be subject to the provisions of the following subparagraphs
(a) and (b). My Trustee shall have, hold, manage, invest and
reinvest the assets governed by each such trust, collect the
income and
(a) If My Wife survives me, beginning at my death,
my Trustee shall pay over the net income of each such
trust to My Wife during her lifetime, in installments
not less frequently than quarterly. In addition, my
Trustee shall pay such amounts of the principal of each
such trust as, in the sole discretion of my Trustee, may
be necessary for the maintenance, support and medical
and nursing care of My Wife, taking into consideration
any other means readily available for such purposes.
Upon the death of My Wife, my Trustee shall distribute
any accumulated income of each such trust to My Wife's
estate.
(b) Upon the death of the survivor of My Wife and
me, my Trustee shall distribute the principal of each
such trust to my issue then living, per stirpes; pro-
vided, 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
Page 6 of 13 pages
with ITEM VII for the benefit of each such issue (the
"Grandchild's Trust").
ITEM IX: It is my intention to conform
to the provisions for the allowance of the marital deduction for
federal estate tax purposes. I therefore direct that any provi-
sions of this Will notwithstanding, the powers granted herein to
my Executor and Trustee shall be construed in accordance with said
intention and shall not be interpreted or exercised so as to
disqualify any portion of the QTIP Trust elected by my Executor to
qualify for the federal estate tax marital deduction.
ITEM X: 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
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.
ITEM XI: Any person other than My Wife,
who shall have died at the same time as I or under such circum-
stances that it is difficult or impossible to determine who shall
Page 7 of 13 pages
have died first, shall be deemed to have predeceased me. If My
Wife and I shall have died at the same time or under such circum-
stances that it is difficult or impossible to determine who shall
have died first, My Wife shall be deemed to have survived 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.
ITEM XII: 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 to be exercised for the best interests of the
beneficiaries; subject, however, insofar as any portion of the
QTIP Trust qualified for the federal estate tax marital deduction
is concerned, to the restrictions set forth below:
(a) To retain any investments I may have at my
death so long as my Executor or Trustee may deem it
advisable to my estate or trust so to do.
(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 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
Page 8 of 13 pages
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, 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; provided, however,
that this provision shall not apply to real estate which
is an asset of any portion of the QTIP Trust qualified
for the federal estate tax marital deduction; 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; provided, however, that this
provision shall not authorize borrowing from any portion
of the QTIP Trust qualified for the federal estate tax
marital deduction.
(g) From the same source as from which Death Taxes
are to be paid in accordance with ITEM I, to pay all
costs, Death Taxes or other taxes, expenses and charges
in connection with the administration of my estate or
trust, and my Executor shall pay the expenses of my last
illness and funeral expenses; provided, however, that no
such costs, Death Taxes, expenses or charges in
connection with the administration of my estate shall be
paid from the assets of any portion of the QTIP Trust
qualified for the federal estate tax marital deduction.
(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
Page 9 of 13 pages
actively manage and operate any unincorporated business,
including any joint ventures and partnerships, 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.
(k) To hold investments in the name of a nominee.
(1) To compromise controversies.
(m) Only property which is fully eligible for the
marital deduction for federal estate tax purposes shall
be assigned to the portion of the QTIP Trust qualified
for the federal estate tax marital deduction.
Notwithstanding anything to the contrary contained in
this Will, my Trustee shall not retain beyond a
reasonable time or invest in, as an asset of any portion
of the QTIP Trust elected to qualify for the federal
estate tax marital deduction, any property which may at
any time be or become unproductive.
ITEM XIII: In the settlement of my estate:
(a) My Executor shall not be personally liable for
loss to my estate or to my spouse's estate or to any
beneficiary of either estate resulting from my
Executor's decision made in good faith whether or to
what extent to elect on the federal estate tax return
prepared on behalf of my estate to have a portion or all
of certain "qualified terminable interest property"
treated as having passed to my spouse in order to
qualify for the federal estate tax marital deduction.
(b) 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; nor, as a result of such election,
shall any compensating adjustments be made between
income and principal or in the amount of any gift under
this Will to my spouse intended to qualify for the
marital deduction for federal estate tax purposes.
(c) In valuing property in my gross estate for the
purposes of any Death Tax, my Executor shall not be
Page l0 of 13 pages
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 valua-
tion date; nor, as a result of such decision, shall any
compensating adjustment be made in the amount of any
gift under this Will to my spouse intended to qualify
for the marital deduction for federal estate tax
purposes.
ITEM XIV: If at any time any minor shall
be entitled to receive any assets free of trust by reason of my
death, whether payable hereunder, by operation of law or
otherwise, I appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY,
Harrisburg, Pennsylvania, as Guardian of such assets authorized by
law payable to such minor. The Guardian may receive, administer
and shall have full authority to use such assets, both principal
and income, in any manner the Guardian shall deem advisable for
the best interests of the minor, including college, university,
graduate or other education, without securing a court order. The
Guardian shall have all the rights and privileges in its capacity
as Guardian as are herein granted to my Executor and Trustee as
to my estate and any trusts created hereunder.
ITEM XV: If there should be established
by My Wife, either in her 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 herein shall
have the right and power to merge trusts herein established with
similar trusts for the same beneficiaries established by My Wife
and to operate each of the merged trusts as a single trust.
Page 11 of 13 pages
ITEM XVI• I hereby appoint my sons,
GEORGE HUGH HOLDER, WALTER S. HOLDER, and THOMAS M. HOLDER, and
DAUPHIN DEPOSIT BANK AND TRUST COMPANY, as Co-Executors of this
Will. If for any reason any of them should fail or cease to act,
the remaining Co-Executors shall act or continue to act with all
of the powers granted to all of them. All references in this Will
to my "Executor" shall also refer to my Co-Executors, my surviving
Co-Executors or to my sole surviving Executor, as the case may be.
ITEM XVII•
I hereby appoint my sons,
GEORGE HUGH HOLDER, WALTER S. HOLDER, and THOMAS M. HOLDER, and
DAUPHIN DEPOSIT BANK AND TRUST COMPANY, as Co-Trustees of any
trust created hereunder. If for any reason any of them should
fail or cease to act, the others shall act or continue to act with
all of the powers granted to all of them. So long as a
beneficiary of a trust hereunder is Co-Trustee, he or she shall
not participate in any discretionary determination of the Trustee
to distribute principal or income of such trust to or for the
benefit of such beneficiary or to his or her issue. All
references in this Will to my "Trustee" shall also refer to my Co-
Trustees or to my sole surviving Trustee, as the case may be.
ITEM XVIII:
Any Guardian, Executor or
Trustee shall qualify and serve without the duty or obligation of
filing any bond or other security. Any corporate fiduciary shall
be entitled to compensation for services in accordance with the
Page 12 of 13 pages
standard schedule of fees in effect when the services are
rendered. My individual fiduciaries shall serve without
compensation.
IN WITNESS WHEREOF, I have set my hand and seal to this,
my Last Will and Testament, consisting of this and the preceding
twelve (12) pages, this day of 'j,;~ { ~ `~' ~ 1987,
~.
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(/ tt N"Z ~ ~' -~fz'" L ['2~_'2-' (SEAL)
Page 13 of 13 pages /GEORG H. HOLDER
We, the undersigned, hereby certify that the foregoing
Will was signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament, in the
presence of us, who, at his request and in his 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 Testator was of sound and disposing
mind and mem r :-
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Residing at: k ~ `F ~,r l ~,, i E'~,.,~
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OATH OF SUBSCRIBING WITNESSES
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of George H. Holder ,Deceased
~~
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Henry W. Rhoads and Lawrence B. Abrams, each a subscribing witness to the~odicil pr~nte~~.
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herewith, each being duly qualified according to law, depose and say that they weir ~eser~kand '
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saw the above Testator sign the same and that they signed the same and that thep,~$ii$d asp
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witnesses at the request of the Testator in his presence and in the presence of eat other. ~
N
(S gnamre)
s i 4 M,.~z (~-,
(Street Address)
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( rty, State, Zip)
Executed iu Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
S~Ad~~ ~~~~ ~ ~Q
0
(City, State, )
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this /;,~~ day
of ~,?p4 ~ .
ary Public
y Commission Expires:
ignature and Seal of Notary or other
official qualified to administer oaths. Show
date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s) at time of
notarization
Form RW-03 rev. 10.13.06
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Yvonne R. Durham, Notary Public
City Of Harrislwrg, Dauphin County
My Commission E~ires Aug. 20, 2009
]3nIB.l Member, Pennsylvania Association of Notaries